GSB# 2017-3088

UNION# 2017-0499-0064

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (MacVicar)

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

Jennifer Ronayne Liquor Control Board of Ontario HR Advisor, ERO

HEARING

January 30, 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 January 30, 2019 the parties at the 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 of the grievances that the parties agreed to deal with.

3The Grievor in this case is claiming that he was not considered for a promotion to the position of foreperson pursuant to a job posting. For legitimate operational reasons the employer cancelled the competition and did not fill the Foreperson position. After carefully considering the evidence and submissions of the parties I have concluded that the employer did not violate the collective agreement.

5The grievance is therefore dismissed.

6In the event that the parties have any difficulties with the interpretation or implementation of this award I shall remain seized.