GSB#2009-3419

UNION#2010-5109-0002

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Ferrier)

Union

• and -

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

Employer

BEFORE

Reva Devins

Vice-Chair

FOR THE UNION

Val Patrick Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Nick Virdo Liquor Control Board of Ontario HR Consultant

HEARING

May 31, 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 was suspended for three days for unsafe operation of a forklift, failing to report an accident, damaging LCBO property and lying about the incident. The Grievor denies that he was driving in an unsafe manner but acknowledges that he damaged LCBO property, that he failed to immediately report the incident and that he initially denied responsibility; the grievance alleges that the suspension is unwarranted.

3Having heard the submissions of the parties I find that the discipline was appropriate. While I accept that the property damage was as a result of an accident, the Grievor admitted to the more serious allegation of failing to report the accident and subsequently denying responsibility for his actions. I am not satisfied that he fully appreciates the seriousness of his misconduct. I see no basis to interfere with the discipline imposed by management and I would dismiss the grievance.