GSB#2012-1056
UNION#2012-0499-0008
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Delorme)
Union
- and -
The Crown in Right of Ontario (Liquor Control Board of Ontario)
Employer
BEFORE
Reva Devins
Vice-Chair
FOR THE UNION
Jean Chaykowsky and Frank Inglis Ontario Public Service Employees Union Grievance Officers
FOR THE EMPLOYER
Pam LeMaistre Liquor Control Board of Ontario HR Manager
HEARING
April 8, 2014
Decision
1The parties have agreed to an expedited mediation-arbitration process to effect the quick disposition of grievances and reduce the number of outstanding disputes. 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 alleges that he was unjustly disciplined when he was denied training opportunities that were offered to another employee. The Grievor was unaware of the details of the training opportunity, but he believed that it was “management training”.
3The Employer stated that the other employee works in a different department and in a different position than the Grievor. The training he received was related to his specific needs.
4Having considered the submissions of the parties I would dismiss the grievance. Training offered to other employees in other departments does not amount to disciplinary action if it is not offered to others. Nor is there any other provision in the Collective Agreement that requires the Employer to offer all of it’s employees identical training opportunities, regardless of the position they hold or department in which they work.
5The grievance is dismissed.
Dated at Toronto this 15th day of April 2014.