GSB#2012-2534

UNION#2012-0499-0045

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 the Employer secretly offered over time opportunities to another employee without offering them to him on a rotational basis. The Grievor stated that a co-worker advised him that the Employer asked him to work overtime in exchange for lieu time as an alternative to formal over time. The Grievor did not identify the co-worker nor provide particulars of the dates on which the overtime was offered nor by whom. The Employer denied the allegations.

3No particulars have been offered to establish the factual foundation alleged or a violation of the Collective Agreement. The grievance is therefore dismissed.