GSB# 2017-3092
UNION# 2017-0499-0068
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Perreault)
Union
- and -
The Crown in Right of Ontario (Liquor Control Board of Ontario)
Employer
BEFORE
Janice Johnston
Arbitrator
FOR THE UNION
Alison Nielsen-Jones Ontario Public Service Employees Union Grievance Officer
FOR THE EMPLOYER
Erin Charbonneau Liquor Control Board of Ontario HR Manager
Carlos Valencia Liquor Control Board of Ontario General Manager
HEARING
May 3, 2018
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 May 3 and 4, 2018 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 grievance that is the subject of this decision was one that the parties agreed to deal with.
3The grievance before me alleges that the grievor was not appropriately scheduled hours of work according to his seniority and the collective agreement. After considering the submissions of the parties I am of the view that there has been no violation of the collective agreement.
4The grievance is dismissed.
Dated at Toronto, Ontario this 7th day of May, 2018.