GSB#2011-2621

UNION#2011-0499-0064

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 works in the Maintenance Department. He enrolled in a Loss Prevention Honours Certificate at Algonquin College and applied for repayment of his tuition fees under the Continuing Education Financial Assistance Plan (CEFAP). The Grievor maintained that he was assessed in his current position on “safety and loss prevention”. The Employer denied the request.

3The Employer stated that the course taken by the Grievor was intended for entry-level positions as a security guard or investigator. The LCBO does not employ loss prevention investigators at local facilities and the positions at Head Office require a background in law enforcement. Therefore, the LCBO determined that the course for which the Grievor sought reimbursement was not one that was related to his current position or to a position that he could logically progress. Nor did he require further training to perform the minimal loss prevention component of his current position, which was limited to ensuring that property was not damaged in the performance of his duties.

4Having considered the submissions of the parties, I am not persuaded that the Employer improperly exercised its discretion in refusing to reimburse the Grievor for tuition for a Loss Prevention Certificate. I am satisfied that the course was not required for the performance of his existing duties nor could it lead to a new position within the LCBO.

5The grievance is dismissed.