GSB# 2020-2197

UNION# 2020-0378-0096

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Hamilton)

Union

• and -

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

Employer

BEFORE

Brian P. Sheehan

Arbitrator

FOR THE UNION

Erin Thorson Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Beverly Jordan Liquor Control Board of Ontario HR Manager

HEARING

March 22, 2021

DECISION

1The Employer and the Union at the Liquor Control Board of Ontario, Durham Retail Service Centre, agreed to participate in the Expedited Mediation/Arbitration process in accordance with the negotiated Protocol. It is not necessary to reproduce the entire Protocol. Suffice to say that the parties have agreed to a True Mediation/Arbitration process wherein each party provides the Arbitrator with their submissions setting out the facts and the authorities they respectively will rely upon. This decision is issued in accordance with Appendix 2 – Memorandum of Agreement of the collective agreement, and it is without prejudice or precedent.

2Lee Hamilton (the “grievor”) is employed as a full-time Warehouse Worker at the Durham Retail Service Centre.

3The grievor is a Steward with the Union. On October 6, 2020, he put in a request for Union leave for October 24, 2020, so he could attend an OPSEU pre-bargaining conference.

4The grievor asserted that since he was on an approved Union leave, the Employer improperly “charged” the hours he was scheduled to work on October 24, 2020, for the purposes of the agreed-to overtime equalization process.

5The Memorandum of Agreement Re: Overtime Equalization for Logistics Facilities, which is part of the collective agreement, contains the following wording:

Tracking and Administration

Overtime Hours will be charged to employees where:

a. Hours are offered and refused

b. They are absent due to any reason including vacation.

6An absence due to Union leave comfortably fits within the phrase “absent due to any reason.” Accordingly, the Employer properly treated the grievor’s absence on October 24, 2020, as “charged” overtime hours; as such, the grievance is, hereby, dismissed.