GSB# 2017-3156

UNION# 2017-0499-0060

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Azaranka)

Union

• and -

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

Employer

BEFORE

Michelle Flaherty

Arbitrator

FOR THE UNION

Kamal Bakhazi Koskie Minsky LLP Counsel

FOR THE EMPLOYER

Mackenzie Anderson Liquor Control Board of Ontario Counsel

HEARING DATE

May 18, 2022

Decision

1Having heard the representations of the parties, and having accepted their request that the following award shall be without precedent and without prejudice to any future grievances arising under the Collective Agreement between the parties, I order the following:

2Subject to the terms set forth herein, effective within two (2) weeks of the date of this Award, the Grievor’s full-time seniority date shall be adjusted to November 6, 2017. Unless specified otherwise in this Award, this adjustment will have no retroactive effect with respect to wages, benefits and/or any other entitlement under the Collective Agreement.

3Within four weeks of this Award, the LCBO will pay to the Grievor Five Thousand Four Hundred Six Dollars and Sixty-Two Cents ($5,406.62), less applicable deductions and withholdings and less union dues, to account for the Grievor’s lost earnings, broken down as follows:

a) $3,805.45 in lost wage increases;

b) $777.90 in lost shift opportunities; and

c) $823.28 in lost overtime opportunities

4Effective the date of this Award, the Grievor’s hourly wage rate shall be adjusted to $31.95, representing the 4th step of the wage grid for the Warehouse Worker 4 classification. The Grievor’s anniversary date, including for the purposes of the LCBO’s salary review process, shall be adjusted to November 6, 2017.

5I shall remain seized with regards to any disputes or differences concerning the interpretation, implementation or alleged violation of this Award.