GSB# 2021-1857; 2021-2067; 2021-2068

UNION# 2021-0377-0044; 2021-0377–0041; 2021-377-0047

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Ashik)

Union

• and -

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

Employer

BEFORE

Janice Johnston

Arbitrator

FOR THE UNION

Erin Thorson Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Laura Chartrand Liquor Control Board of Ontario Senior Manager HR

HEARING

December 3, 2021

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 December 3, 2021 the parties participated 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 received a letter of counsel and a written reprimand as a result of workplace incidents. The grievor has also requested to be transferred to a different store. At the mediation the Employer offered to reduce the sunset clause on the written warning and offered that the Letter of Counsel and the Letter of Reprimand dated November 4, 2021 would be removed from the grievor’s file effective November 5, 2022 so long as no further disciplinary action occurred. The Employer also offered to transfer the Grievor to a store closer to her residence should a vacancy occur in the next 3 years.

4I am of the view that this offer is fair and reasonable. Therefore, the Employer is directed to remove the Letter of Counsel and the Letter of Reprimand dated November 4, 2021 from the grievor’s file effective November 5, 2022 so long as no further disciplinary action occurs prior to that date. In addition, the Employer is directed to offer to transfer the Grievor to a store closer to her residence should a vacancy occur in the next 3 years.

4The grievances are therefore hereby terminated.