GSB# 2021-1668, 2021-2712, 2022-0785

UNION# 2021-0378-0051, 2021-0378-0060, 2022-0378-0037

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Elawar)

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

Bev Jordan Liquor Control Board of Ontario HR Advisor

HEARING

October 4, 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 4, 2022 the parties at the Durham 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 received a letter of counsel in September, 2021 and a second one dated January 10, 2022. Letters of counsel are not disciplinary in nature and are not grievable. The Grievor has also filed a grievance alleging that the PA system is unfair and that he should have received a score of “1” for perfect attendance. The LCBO has recently changed the form that it is using for performance appraisals and is no longer using a points based system. It is therefore no longer possible to achieve a numerical score for attendance. In any event, there has been no violation of the collective agreement.

4After carefully considering these grievances I have concluded that there has not been a violation of the collective agreement. Accordingly, the grievances are all dismissed.