GSB# 2019-2770
UNION# 2020-0378-0002
Appendix ‘A’ attached
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Campbell et al)
Union
- and -
The Crown in Right of Ontario (Liquor Control Board of Ontario)
Employer
BEFORE
Joseph D. Carrier
Arbitrator
FOR THE UNION
Brittany Ross-Fichtner Morrison Watts Counsel
FOR THE EMPLOYER
Adrienne Couto Liquor Control Board of Ontario Counsel
HEARING DATE
April 7, 2022
Decision
1The preliminary matters at issue today are between The LCBO and OPSEU and involve the allocation of Overtime Opportunities at the Employer’s Durham Warehouse/Distribution Centre.
2The Attached List of 16 grievances are scheduled together for hearing before me on April 14, 2022. The parties agreed to use the first hearing date for the purposes of mediation, as per their usual practice. However, the parties were unable to agree upon which of the 13 individual Grievors could attend the mediation on April 14, 2022.
3The Employer takes the position that due to its operational needs, not all of the Grievors would be able attend on April 14, 2022. The Union takes the position that all of the Grievors are entitled to attend on April 14, 2022.
4I convened a conference call with counsel to the Employer and counsel to the Union on April 7, 2022 to address this issue.
5In my view, and having regard to the submissions of the parties, since the parties have been unable to agree who will attend on April 14, 2022 for the purpose of mediation, I order that these matters proceed via a test case with Grievance #2020-0378-0002, (GSB#2019-2770), of Damian Campbell, President of OPSEU Local 378, proceeding first on April 14, 2022.
6For clarity, such test case will not include any determination of remedy as it relates to the individual claims of Mr. Campbell or any of the other Grievors, which shall be addressed following a determination of the legal issues.
Dated at Toronto, Ontario this 8^th^ day of April 2022.
2019-2645
Knight, Marlon
2019-0378-0054
2019-2770
Campbell, Damian
2020-0378-0002
2019-2771
Pimentel, Mathew
2020-0378-0003
2019-2772
Asselstine, Terry
2020-0378-0004
2019-2773
Pimentel, Mathew
2020-0378-0005
2019-2774
Johnson, Dave
2020-0378-0006
2019-2775
Lefebvre, Joe et al
2020-0378-0007
2019-2776
Nunes, Luis
2020-0378-0008
2019-2777
Khalileyh, Ramzi
2020-0378-0009
2019-2778
Schriver, Terry
2020-0378-0010
2019-2779
Arseneault, Jonathan
2020-0378-0011
2019-2806
Williams, Everton
2020-0378-0013
2019-2834
Robbie, Arthur
2020-0378-0014
2019-2835
Robbie, Arthur
2020-0378-0015
2019-2838
Williams, Everton
2020-0378-0018
2020-0977
Petrovicz, James
2020-0378-0048
Appendix “A”