GSB#2009-0157

UNION#2009-0376-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Walton)

Union

• and -

The Crown in Right of Ontario (Liquor Control Board of Ontario)

Employer

BEFORE

Reva Devins

Vice-Chair

FOR THE UNION

Jean Chaykowsky Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Rick Redwood Liquor Control Board of Ontario District Manager

Camille Clements Pitchkur Liquor Control Board of Ontario HR Manager

HEARING

May 11, 2011

Decision

1The parties have agreed to an expedited mediation-arbitration process to effect timely disposition of grievances. The parties specifically agreed that this matter was properly referred for expedited mediation-arbitration and that, after a failed mediation effort, the Vice-Chair should issue a written decision that is without prejudice or precedent.

2The Grievor is a full time CSR, working at a double shift location. She asked her manager to be assigned strictly to the day shift. The Grievor did not provide a specific reason for her request and it was denied; she grieves the denial. The Grievance alleges that the Employer is in violation of Article 6.2, which provides that the workweek shall include Day, Afternoon and Night Shifts at Retail Stores and Depots.

3The Employer submits that it accommodates employees as required, however, absent accommodation needs, employees are assigned shifts on a rotational basis.

4Having heard the submissions of the parties, I find that the Employer has not violated any provision of the Collective Agreement. Article 6.2 requires that certain shifts be established but does not confer the right to be assigned to a particular shift.

5The grievance is dismissed.