GSB# 2012-0955

UNION# 2012-0164-0019

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Kresky)

Union

• and -

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

Employer

BEFORE

Michael Lynk

Vice-Chair

FOR THE UNION

Val Patrick Ontario Public Service Employee Union Grievance Officer

FOR THE EMPLOYER

Adrienne Couto Liquor Control Board of Ontario Counsel

HEARING

March 5, 2013.

Decision

1Having heard the representations of the parties, and having accepted their request that the following award shall be without precedent and without prejudice to any future grievances arising under the Collective Agreement between the parties, I order the following:

2Subject to the terms set forth herein, effective within two (2) weeks of the date of this Award (the “Start Date”) the Grievor, Adam Kresky, shall be reinstated to the position of seasonal Warehouse Worker.

3The period of time from the date of termination, May 9, 2012, to the Start Date shall be deemed to be a disciplinary suspension without pay.

4As a condition of the Grievor’s reinstatement, the Grievor shall comply with the following:

a) The Grievor shall adhere to all health and safety policies, procedures, practices, directives and/or training, including, without limitation:

I. The Occupational Health and Safety Act;

II. The relevant Job Safety Analyses (“JSA’s), as may be amended from time to time;

III. All LCBO policies related to health and/or safety; and,

IV. All training related to health and/or safety;

and shall not tamper with and/or alter any equipment or machinery in the workplace.

b) The Grievor shall not engage in any horseplay or practical jokes in the workplace and, further, shall not engage in any conduct which is, or could reasonably be interpreted to be, harassing, intimidating, threatening or violent.

c) The Grievor’s productivity and/or work product shall be consistent with the average level of productivity and/or work product for the relevant job.

5For the two (2) year period commencing on the Start Date, should the Grievor engage in conduct that constitutes a marked failure to abide by the requirements set forth in paragraph 4 herein, such conduct will be deemed to be just cause for termination and shall result in the Grievor’s discharge from employment for just cause.

6Any grievance filed by the Grievor with respect to the Grievor’s discharge from employment with the LCBO pursuant to paragraph 5 of this Award shall be limited solely to the question of whether or not the Grievor engaged in the conduct described in paragraph 4 herein. If the Arbitrator finds that the Grievor did engage in such conduct, the Arbitrator shall not have the authority to remove or substitute the penalty of discharge, notwithstanding any provisions that may be set out in the Collective Agreement, the Labour Relations Act, 1995 or any other applicable law.

7For the two (2) year period commencing on the date of this Award, the Grievor shall be ineligible to apply for or be considered for any full-time positions.

8I shall remain seized with regards to any disputes or differences concerning the interpretation, implementation or alleged violation of this Award.