GSB# 2018-3336; 2019-0111; 2019-1232

UNION#2018-0499-0156; 2019-0499-0006; 2019-0499-0043

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Meredith)

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

Laura Chartrand HR Advisor, ERO Liquor Control Board of Ontario

HEARING

November 20, 2019

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 dealt with in this process are normally settled. However, if where a mediated agreement is not attainable and the grievance remains unresolved, the Memorandum of Agreement provides that the GSB Arbitrator shall issue a decision. The decision issued by the Arbitrator shall be applicable only to the case heard and 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.

2On November 20, 2019 the parties in the Eastern Region 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 grievances that the parties agreed to deal with.

3The Grievor in this case was disciplined on three occasions. On November 8, 2018 he received a one day suspension for insubordination. On February 1, 2019 he received a one day suspension for making inappropriate comments to a co-worker. On April 25, 2019 he received a three day suspension for insubordination. After carefully considering the evidence and submissions of the parties I have concluded that the employer had just cause to discipline the grievor.

4The grievances are therefore dismissed.

5In the event that the parties have any difficulties with the interpretation or implementation of this award I shall remain seized.