GSB# 2012-1793

UNION# 2012-0378-0051

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

Chris Bryden

Ryder Wright Blair & Holmes LLP

Counsel

FOR THE EMPLOYER

Andrew Cogswell

Liquor Control Board of Ontario

Counsel

HEARING

June 16, 2021

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, and issued a Preliminary Decision dated February 26, 2020.

3The Preliminary Decision ordered the Union to produce a final and exhaustive list of any employees they reasonably believe are captured by the Minutes of Settlement and have not yet received the entitlement. The Employer was required to respond to the Union’s List, with brief submissions to accompany any employee they disagree with.

4The above order was complied with and I remained seized with respect to any disagreement.

5The Parties appeared before me at the Grievance Settlement Board on June 16, 2021 and provided submissions on the remaining disputes.

Undisputed Employees

6The Parties agreed that the following group of employees are properly captured by the Minutes of Settlement, and have not yet received entitlement:

First Name

Last Name

Tim

Anderson

Brian

Bourassa

Ray

Carter

Wayne

Dagnall

Dave

Fleming

O’Neil

Grant

Daniel

Kennedy

Kevin

Lee

Dan

Lloyd

Dave

McCormick

James

Petrovicz

Norma

Trafford

Cathy

Allison

Chris

Lorette

Darryl

Lumley

Andrew

Mckenzie

Eric

Mompoint

Michael

Romeo

Stephen

Thompson

Neil

Valois

John

Wilkin

Darren

Stehle

7Therefore, the Employer is ordered to provide each employee with the payment set out in Paragraph 8 of the Minutes of Settlement and correct their vacation entitlement accrual on a go forward basis.

Disputed Employees

8Having heard the submissions of the parties it is my determination that the remaining employees are not eligible for entitlement through the Minutes of Settlement.

9The Minutes of Settlement apply only to employees that have not already received entitlement pursuant to the Minutes of Settlement; are currently active employees; have attained Seasonal Status, and; have suffered a historical impact to their vacation entitlement.

Previously Compensated

10The Employer provided payment records and I find the following group of employees are not entitled to relief, as they have already been paid and compensated in accordance with the Minutes of Settlement:

First Name

Last Name

Jack

Bavaro

C. (Nick)

Ferguson

Steven

Fitzpatrick

Dennis

James

Anthony

Kameka

Mark

Livertovski

Tyrone

Miranda

Filip

Radman

Christopher

Reeve

Andre

Trim

Steven

Tucci

Johnnie

Tynes

Inactive Employees

11I find the following group of employees are no longer employed by the Employer and are, therefore, not entitled to relief pursuant to the Minutes of Settlement. Employees Goyette, Mackenzie, and Robinson also appear in the group identified in paragraph 14:

First Name

Last Name

Denis

Goyette

Robert

Luff

Ian

Mackenzie

Stephen

Robinson

Failed to Attain Seasonal Status

12The Minutes of Settlement specifically relates to the correct interpretation of Article 4-10.8 of Appendix 4 – Seasonal Employees of the Collective Agreement. Naturally, the Minutes of Settlement and any entitlements pursuant to same can only apply to employees that achieved “Seasonal” classification.

13The terms and framework of the “Seasonal” classification was introduced through an arbitration award issued May 11, 2000 (the “Knopf Award”). The Knopf award established the required hours to obtain and maintain Seasonal status and, importantly, indicated that employees must have met the requirements as of July 1, 1997.

14I find the following group of employees became Permanent Full-Time employees prior to the Knopf Award. Therefore, the employees never attained seasonal status and are not entitled to be compensated in accordance with the Minutes of Settlement.

First Name

Last Name

Francisco

Cabarle

Therese

Coombes

Kevin

Day

James

Ervin

Errol

Fraser

Sean

Gately

Ronald

Giesbrecht

Christopher

Goodyear

Denis

Goyette

Ramzi

Khalileyh

Ian

Mackenzie

Michael

Malish

Andre

Mulligan

Paul

Neal

Kathy

Peterson

Stephen

Robinson

Dominic

Roti

Christopher

Rundle

Marlene

Scott

Robert

Slute

Jeffrey

Stamp

Dwayne

Stephenson

Dave

Swindells

George

Theodoropoulos

Stephen

Toth

Mark

Walker

John

Willet

15It is also agreed upon between the Parties that the Seasonal Classification exists only within the Logistics Division. Therefore, I find the following group of employees is not entitled to compensation because they are employed in a division outside of Logistics, where “Seasonal” status does not exist as a classification:

First Name

Last Name

Robert

Giountos

Nicole

Koca

Matthew

Scholz

16As mentioned briefly above, employees must meet specific hours requirements in order to qualify for and maintain the Seasonal Classification.

17There was no record of the following employees attaining Seasonal status and, therefore, they are not entitled to compensation pursuant to the Minutes of Settlement:

First Name

Last Name

James

Agmaliw

Kevin

Doherty

John

Hollohan

Kevin

Shields

Daniel

Smyth

Shawn

Taylor

Terry

Trenholm

Avis

Van Amerongen

James

Williams

No Historical Impact

18On a plain reading, it is clear that paragraph 6 of the Minutes of Settlement was intended to correct the vacation entitlement for affected employees on a go-forward basis and paragraph 8, the standard payment, was intended to provide a historical correction to the prior miscalculation of their entitlements.

19Seasonal Employees earn vacation credits at different rates depending on their years of service pursuant to Appendix 4, 4-10.8 of the Collective Agreement. Therefore, it is necessary for their “Seasonal Appointment Date” to be properly captured to ensure they receive an increase to their vacation rate at the correct intervals.

20The first increase to the vacation accrual rate occurs after 8 years of service. Therefore, a seasonal employee with less than 8 years of service cannot have suffered any deficiency in their vacation accrual.

First Name

Last Name

Adrian

Arce

Felix

Castillo

Milton

Laidley

Majid

Nosrati

21The following group of employees are entitled to have their Seasonal Appointment Date corrected to ensure compliance with Paragraph 6 of the Minutes of Settlement, but due to their level of seniority they have not in fact been impacted by the clerical error:

22Lastly, I find the following group of employees have the correct Seasonal Appointment Date and have had no historical impact to their vacation entitlement, and are therefore entitled to no compensation or adjustment to their seasonal date pursuant to the Minutes of Settlement:

First Name

Last Name

Dachi

Archvadze

Devon

Chaplin

Paschalis

Gogos

Fergus

Imrie

David

Parker

Philip

Roura

Immanuel

Wint