GSB# 2016-2000

UNION# 2016-0378-0036

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Petrovicz)

Union

• and -

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

Employer

BEFORE

Brian Sheehan

Arbitrator

FOR THE UNION

Brodie MacRae Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Beverly Jordan Liquor Control Board of Ontario HR Manager

HEARING

December 20, 2017

Decision

1The Employer and the Union at the Liquor Control Board of Ontario, Durham Retail Service Centre, agreed to participate in the Expedited Mediation/Arbitration process in accordance with the negotiated Protocol. It is not necessary to reproduce the entire Protocol. Suffice to say, that the parties have agreed to a True Mediation/Arbitration process wherein each party provides the Arbitrator with their submissions setting out the facts and the authorities they respectively will rely upon. This decision is issued in accordance with Appendix 2 – Memorandum of Agreement of the collective agreement; and it is without prejudice or precedent.

2James Petrovicz (the “grievor”) is employed at the Durham Retail Service Centre as a Warehouse Worker 4.

3This grievance relates to a claim that on September 6, 2016, the grievor was bypassed with respect to an overtime opportunity. The grievor on that day worked the afternoon shift commencing at 4 PM. The overtime opportunity in dispute is related to four hours of work prior to his shift commencing at noon on that day.

4Contrary to the assertion of the grievor, the relevant records of the Employer establish that a telephone call was placed to the grievor at 10:44 AM with respect to that particular overtime opportunity. The duration of the call was for 10 seconds with no response being recorded.

5In light of that phone call being placed, it is my determination that there was no violation of the collective agreement as the grievor was canvassed with respect to this particular overtime opportunity.

6Accordingly, the grievance is, hereby, dismissed.