GSB#2010-0357

UNION#2009-0499-0097

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Rambeau et al)

Union

• and -

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

Employer

BEFORE

Reva Devins

Vice-Chair

FOR THE UNION

Jean Chaykowsky Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Pamela LeMaistre Liquor Control Board of Ontario LCBO Eastern Regional Office HR Manager

HEARING

January 11, 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 Grievors work the day shift and allege that the Employer failed to offer them overtime opportunities at the end of their shift on December 2, 2009. The Employer submits that the decision to extend overtime was not made until the afternoon shift, after the Grievors had left for the day.

3Paving activity on December 2^nd restricted access to 3 of 4 receiving doors and slowed down the unloading process. During the afternoon shift, management concluded that they would not be able to make up the time lost earlier in the day and overtime was offered in accordance with the Collective Agreement. Ultimately, six shifts of two hours of overtime were worked from 12:00 a.m. to 2:00 a.m. on December 3, 2009.

4Having carefully considered the submissions of the parties, I have concluded that there is no violation of the Collective Agreement. Accordingly, the grievance is dismissed.