GSB#2010-2087

UNION#2010-0163-0025

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Tymecki)

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

Michael O’Reilly Liquor Control Board of Ontario Director, HR Services Western Region

Lori Thorpe Liquor Control Board of Ontario HR Advisor, HR Services Western Region

HEARING

October 26, 2012.

Decision

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

2A permanent, full time employee was scheduled to work afternoons. Her schedule was subsequently changed to days, on consent, to perform unanticipated work. The Grievor submits that she was available to perform the 8-hour day shift and that it was unnecessary to shift change a permanent employee. She seeks compensation for the full 8 hours that could have been assigned to her.

3The Employer maintained that it acted within management’s rights to assign work. In this instance, the full time employee agreed to have her shift changed to days and the vacant afternoon shift was given to the most senior casual employee, someone other than the Grievor.

4Having considered the submissions of the parties, I have determined that the Employer was within its rights to assign work, as it deemed appropriate. In this case, the assignment was made in full compliance with the Collective Agreement: the shift change was with the consent of the employee involved and the most senior casual employee filled the vacant afternoon shift.

5The grievance is therefore dismissed.