GSB# 2017-3737

UNION# 2017-0378-0092

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Williams)

Union

• and -

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

Employer

BEFORE

Brian P. 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

June 7, 2018

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.

2Everton Williams (the “grievor”) is employed as a full-time Warehouse Worker at the Durham Retail Service Centre.

3The grievance asserts that the grievor was entitled to overtime pay with respect to June 23 and July 6, 2017.

4There is no dispute that the Employer canvassed employees on the afternoon shift on June 22 and July 5, 2017 with respect to overtime opportunities that respectively arose for the following day. On both June 22 and July 5, the grievor was deemed not available for the overtime opportunities the following day since he was absent from work due to illness.

5The Memorandum of Agreement Re: Overtime Equalization for Logistics Facilities expressly stipulates that overtime hours will be “charged” to employees where hours are offered and refused, or if they are absent from work due to any reason including vacation. In this regard, it has been the practice of the Employer not to canvass employees that are absent due to sickness for an overtime opportunity for the following day.

6In light of the wording of the Memorandum of Agreement and the practice of the Employer, it is my determination that the grievor being bypassed for the relevant overtime opportunities that arose on June 23 and July 6, 2017 did not violate the collective agreement.

7Accordingly, the grievance is, hereby, dismissed.