GSB#2014-2416

UNION#2014-0999-0116

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Union)

Union

• and -

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

Employer

BEFORE

Daniel Harris

Vice-Chair

FOR THE UNION

John Brewin Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Justin Diggle Liquor Control Board of Ontario Counsel

HEARING

November 14, 2016

Decision

1This is a policy grievance filed by the Union dated August 21, 2014 (the “Grievance”). In dispute, is the proper interpretation of the phrase “gross pay" in Article 32.2(b) and Article 32.2(c) of the parties’ collective agreement, the term of which is April 1, 2013 To March 31, 2017 (the “Collective Agreement”)?

2The Grievance was referred to arbitration before the Grievance Settlement Board. On November 14, 2016 representatives of the LCBO and the Union met with me to discuss the Grievance. As part of the proceedings, the parties made representations to me with respect to the proper interpretation of the two articles and the doctrine of estoppel, reached agreements with respect to the matters at issue, and invited me to issue a Decision with respect to the proper interpretation of the two articles at issue and its effective date.

3Having heard these representations and agreements, and having reviewed the two articles, I find and declare that the term "gross pay" in Article 32.2(b) and Article 32.2(c) of the Collective Agreement includes the following payments set out in the Collective Agreement:

1. Payment with respect to work on a Sunday, as set out in Article 32.1(k);

2. Payment with respect to authorized work performed on a holiday, as set out in Article 32.2(a);

3. Payment with respect to acting for the Store Manager, as set out in Article 32.1(f);

4. Payment with respect to working on the night shift, as set out in the Article 32.11; and

5. Payment with respect to overtime, as set out in Article 32.1(d).

4I further find and declare that this interpretation of the two articles shall become effective on February 1, 2017.

5This Decision fully disposes of the issues raised by the Grievance or matters that could have been raised in same.

6This Decision is without prejudice or precedent to any other matters between the parties.