GSB# 2018-3414; 2018-3608

UNION# 2018-0164-0055; 2018-0164-0063

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Meneses)

Union

• and -

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

Employer

BEFORE

Janice Johnston

Arbitrator

FOR THE UNION

Anjana Kashyap Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Jeannine Mather Liquor Control Board of Ontario Labour Relations Specialist

HEARING

October 13, 2022

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 October 13, 2022 the parties at the London Retail Service Centre 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 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 filed two grievances claiming that the company failed to offer him overtime on a number of dates between November 21, 2018 and December 17, 2018. At the time that this overtime was being worked the Grievor had recently returned to work and had medical restrictions which the employer was accommodating. After carefully reviewing all of the facts I am satisfied that the grievor could in fact have worked some of the overtime which was worked by others and I direct the employer to pay him sixteen (16) hours at straight time, at the applicable rate at the time, minus deductions.

4The grievance is therefore upheld in part.