GSB# 2021-0430; 2021-0431

UNION# 2021-0499-0018; 2021-0499-0019

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Pavlakovic)

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

November 29, 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 November 29, 2021 the parties at the Ottawa Retail Service Centre participated 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 two of the grievances that the parties agreed to deal with.

3The Grievor in this case has two grievances. The first claims that the Employer should have offered him overtime in March, 2020 and the second pertains to a three day suspension which he received on May 11, 2020. The grievances were filed on March 26, 2021. The employer has denied them on the basis that they are very untimely. I agree. The time frames set out in the collective agreement are couched in term of days. Between five and twenty days are set out for the taking of various steps. Article 28.12 provides that if a grievance is not processed by the employee or union within the time prescribed it shall be deemed to have been withdrawn. I am bound by the language agreed upon by the parties and cannot re-write it.

4The grievances are therefore hereby terminated.