Ontario Public Service Employees Union (Atkinson) v. The Crown in Right of Ontario (Liquor Control Board of Ontario), 2022 CanLII 106483

GSB# 2020-2252; 2020-2402

UNION# 2020-0379-0010; 2020-.379-0011

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Atkinson)

Union

• and -

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

Employer

BEFORE

Deborah J. D. Leighton

Arbitrator

FOR THE UNION

Anjana Kashyap Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Mackenzie Anderson Liquor Control Board of Ontario Counsel

HEARING

September 28, 2022

Decision

1John Atkinson, a casual CSR with the LCBO, filed two grievances on July 27, 2020, complaining essentially that the employer failed to compensate him properly under the Memorandum of Agreement, dated May 25, 2020, when he was required to self isolate, though he did not test positive for COVID.

2The employer submitted that there has been no breach of the collective agreement, or the Memorandum and urged me to dismiss the grievances.

3The parties agreed that I had the jurisdiction to deal with this matter in accordance with the Memorandum of Agreement, on the mediation/arbitration process found in Appendix 2 to the collective agreement. They asked that I issue a decision without precedential value, and without written reasons.

4Having carefully considered the submissions of the parties on the grievances, I find that there has been no breach of the collective agreement or the May 25^th Memorandum of Agreement, and consequently must dismiss the grievances.