GSB#2006-2318

UNION#2006-0164-0116

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Collins et al)

Union

• and -

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

Employer

BEFORE

Marilyn A. Nairn

Vice-Chair

FOR THE UNION

Jean Chaykowsky Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Deborah Grove Liquor Control Board of Ontario HR Manager

Vic Araujo Liquor Control Board of Ontario Director (A)

HEARING

June 29, 2011.

Decision

1The parties convened a med/arb session at the employer’s London warehouse on June 29, 2011. The parties agreed to attempt to mediate a number of outstanding grievances with the assistance of the Vice-Chair. They were also agreed that, failing settlement, I had the jurisdiction to issue a decision in any matter based on the information and material presented and exchanged between the parties in the course of the mediation. They were further agreed that any decision rendered need only provide brief reasons.

2This grievance asserts that the clerks working in the warehouse area (as opposed to the office area) of the employer’s London logistics facility ought to progress between grades without the need to post to the higher grade. Each grade represents a different classification, reflected by a different class code and class title in the collective agreement. This claim is asserted solely on the basis that employees classified as a warehouse worker grade 3, move to the classification of warehouse worker 4 without the need to post. All other movement between grades/classifications within in the collective agreement requires the employee to post to the position. The parties have agreed that the work being performed by employees in these warehouse worker classifications is essentially the same and that, as a result, those employees would not be required to post to the level 4. There is no such agreement with respect to the clerks, as those grade levels reflect different duties and skills. Article 21.1 of the collective agreement provides, inter alia, that employees will progress through the steps of the salary range within their classification. Those increases occur. However, in order to advance to a higher grade/classification, the collective agreement requires employees to post to that higher grade level.

3Having regard to all of the above, this grievance is hereby dismissed.