GSB#s 2015-2378; 2016-0086

UNION#s 2015-0499-0108; 2016-0499-0014

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Seid)

Union

• and -

The Crown in Right of Ontario (Liquor Control Board of Ontario)

Employer

BEFORE

Janice Johnston

Arbitrator

FOR THE UNION

Brodie MacRae Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Erin Charbonneau Liquor Control Board of Ontario HR Manager

Joe Colangelo Ottawa Retail Service Centre Operations Manager

HEARING

September 27, 2017

Decision

1The Employer and the Union agreed to participate in the expedited Mediation-Arbitration process in accordance with the Memorandum of Agreement found in Appendix 2 to the collective agreement. The majority of the grievances are normally settled pursuant to that process. However, where a mediated agreement is not attainable and the grievance remains unresolved, the parties have agreed that the Arbitrator will determine the matter without formal proceedings. The process provides that the Arbitrator shall issue a decision which shall be applicable only to the case heard, shall be without prejudice, shall not be used as a precedent for future cases and is not appealable. Any decision rendered must be issued within two weeks of the date of the hearing and shall provide only brief reasons, if any.

2On September 26/27, 2017, the parties at Ottawa Retail Service Centre agreed to participate in the expedited Mediation-Arbitration process in accordance with the Memorandum of Agreement found in Appendix 2 to the collective agreement. The grievances that are the subject of this decision were two of the ones that the parties agreed to deal with.

3Grievance Number 2015-0499-0108, GSB# 2015-2378, pertains to the Grievor’s annual performance review conducted in 2015. The Grievor wishes to have a comment removed from it. The comment did not affect the rating he received. Accordingly the grievance is dismissed.

4Grievance Number 2016-0499-0014, GSB# 2016-0086, asserts that a five day suspension received by the grievor for unsafe and inappropriate behaviour was excessive. The grievor seeks to have it removed from his file and to be paid for five days. In my view although the grievor’s conduct was dangerous and inappropriate, a five day suspension is too long. Accordingly the suspension is reduced to a two day suspension and the grievor is to be compensated for three days at the applicable rate. The grievance is upheld in part.