GSB#2008-1208

UNION#2008-0499-0032

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Moloughney)

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.

2The Grievor was first hired in September 2003. He subsequently resigned in January 2005 and was rehired in March 2005. His seniority date is calculated on the basis of his last date of hire, in March 2005. On March 19, 2008, the Grievor grieved his 2005 resignation and requested a revised seniority date.

3Having considered the submissions of the parties, I have determined that the grievance was filed significantly beyond the period permitted for filing a grievance and is hereby dismissed.