GSB#2012-1793; 2015-1426; 2015-1435; 2016-2002; LCBO#11496

UNION# 2012-0378-0051; 2015-0378-0052; 2015-0378-0062; 2016-0499-0116

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Parks et al)

Union

• and -

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

Employer

BEFORE

Barry Fisher

Arbitrator

FOR THE UNION

Jennifer Micallef Ryder Wright Blair & Holmes LLP Counsel

FOR THE EMPLOYER

Andrew Cogswell Liquor Control Board of Ontario Counsel

HEARING

February 24, 2020

Preliminary Decision

1The Parties entered into Minutes of Settlement in or around December 2017, to resolve the above noted grievances relating to vacation credits for Seasonal Employees (the “Agreement”).

2I remained seized with respect to any dispute arising out of the interpretation, implementation, or alleged violation of the Agreement.

3The Parties appeared before me at the Grievance Settlement Board on February 24, 2020 to resolve some remaining issues pertaining to the Agreement.

4In order to properly adjudicate this matter, I make the following Order.

a. By March 24, 2020 the Union will provide the Employer with a list within which the Union will identify all additional bargaining unit employees that are alleged to be captured by the Agreement, pursuant to paragraph 9.

b. For greater certainty, the names on the list will include only those employees that the Union reasonably believes have not received the entitlement set out in Paragraphs 6 and/or 8 of the Agreement. This list of bargaining unit employees will be exhaustive.

c. The Parties agree that this is the only list that will be provided to the Employer and any and all names not enumerated in the list will forever be barred from raising any further issues with the Agreement in part or in whole in the future.

d. Upon receiving the list the Employer agrees to make reasonable efforts, but otherwise before 90 days, to agree or disagree on each employee.

e. For any employee the Employer disagrees on their entitlement pursuant to the Agreement (“the Denials”), the Employer will provide a brief explanation to the Union concerning the Employer’s denial.

f. The Parties agree to reconvene for a hearing to determine any alleged entitlement for the Denials, before me of the Grievance Settlement Board.