GSB#2011-3051

UNION#2011-0163-0037

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union

(Brown)

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

Deborah Grove

Liquor Control Board of Ontario

LCBO Eastern Regional Office

HR Manager

HEARING

February 26, 2013.

Decision

1The parties have agreed to an expedited mediation-arbitration process to effect the quick disposition of grievances and reduce the number of outstanding grievances. Appendix 2 incorporates the parties’ Memorandum of Agreement and confirms that where grievances are referred to the mediation/arbitration process, the parties will attempt to reach a mediated resolution, failing which the Vice Chair will issue a written decision that is without prejudice or precedent. The parties specifically agreed that this matter was properly referred for expedited mediation-arbitration as contemplated under Appendix 2.

2The Grievor alleged that casual employees that were junior to her were given hours for which she was available but did not work. Due to a medical accommodation, the Grievor was limited to working no more than 5 hours per shift. She recalls a number of occasions beginning in or around November 2011 when she was assigned to a 4-8 p.m. shift while junior employees worked from 3-4 p.m. She believes that she could have been scheduled to work from 3-8 p.m. The Grievor was not able to produce any schedules to confirm her position.

3The Employer reviewed the relevant schedules for the period at issue and confirmed that there was one shift, in November 2012, where the Grievor worked from 4-8 p.m. and a junior employee worked 9 a.m-4 p.m. The Employer agreed that the Grievor should be paid for the loss of this hour. On all other occasions, the schedules indicate that whenever the Grievor worked a 4-8 p.m. shift the shifts of the junior employees were from 9 a.m.-5 p.m., or 8 or 9 a.m. to 12 or 1 p.m.

4Having considered the submissions of the parties, I am satisfied that with the exception of one shift, the Grievor only worked a 4 hour shift where junior employees were scheduled to work either an overlapping shift that extended beyond her start time or a shift that ended before the commencement of her shift. As acknowledged by the Employer, the Grievor should be paid for the loss of one hour on the single shift in November 2012 where she could have worked from 3 p.m. – 8 p.m. The LCBO has agreed to pay the Grievor one hour of straight time at the relevant rate of pay. I will remain seized with respect to the repayment of this amount.

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5The grievance is otherwise dismissed.