GSB#2010-0325

UNION#2009-0499-0096

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

Val Patrick Grievance Officer Ontario Public Service Employees Union

FOR THE EMPLOYER

Yolanda Watson Liquor Control Board of Ontario HR Manager

HEARING

February 3, 2014

Decision

1The parties have agreed to an expedited mediation-arbitration process to effect the speedy 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.

2These grievances relate to the assignment of overtime on December 21, 2009. On that date, management offered overtime opportunities to employees on the evening shift. The Grievors had worked on the earlier day shift and grieved that the overtime, which was worked at the conclusion of the evening shift, should have been offered to them. Management acknowledged that they identified a possible need for overtime while the grievors were still on shift, however, the extent of overtime it would require was not determined until later in the day.

3In the Employer’s submission, overtime is offered as a last resort. On this occasion, actual overtime requirements were not finalised until management determined how much work would be left uncompleted at the end of the afternoon shift. Therefore, in their submission, it was premature to offer overtime to anyone on the day shift. The Union submits that the Employer was aware that they would be offering some overtime and they should have offered it to those working the day shift when they first appreciated that they would require some work to be done as overtime.

4Having considered the submissions of the parties, I have determined that in the circumstances of this case, the Employer did not violate the Collective Agreement and the grievance should be dismissed.