GSB#2010-1441

UNION#2010-5108-0013

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Opoku-Fofe)

Union

• and -

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

Employer

BEFORE

Gerry Lee

Vice-Chair

FOR THE UNION

Val Patrick Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Yolanda Watson Liquor Control Board of Ontario Human Resources Manager

HEARING

June 29, 2012.

Decision

1The parties referred the above captioned grievance to mediation/arbitration in accordance with Article 22.11 and Appendix 2 of the Collective Agreement. This decision is with respect to the grievance of Mr. Kwabena Opoku-Fofe who is employed as casual CSR at the LCBO’s Mississauga warehouse location. The Union and the Grievor claim that the Grievor was not called into work for four 7.7 hour shifts in June 2010. The Union claims that the Grievor was willing and able to work the shifts in question. Furthermore, the Union asserts that the Employer failed to call the Grievor as per the standard procedure and awarded the shifts to another employee with less seniority.

2The Employer provided written records indicating that the Grievor was called for each shift that the Grievor claimed that he was not contacted. The Employer argued that their records also demonstrate that they called employees in sequential order as per their normal procedures. Furthermore, the Employer contended that their records show that the Grievor was called and accepted other shifts during the same time period as proof they were calling the Grievor’s correct telephone number.

3At the outset of the hearing, the parties agreed that I had jurisdiction to deal with this matter. Following extensive and well presented details of the facts and circumstances surrounding this dispute by both parties’ representatives, I am of the view that it is not necessary to set out their positions in any further detail. Accordingly, I will render a succinct “bottom line decision” disposing of this matter.

4Having carefully considered the submissions made by the parties during the course of our mediation-arbitration session and after a review of all of the documentary evidence presented, the grievance is hereby dismissed.