GSB# 2019-1216

UNION# 2019-0164-0008

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Steele)

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

Michelle Korpan Liquor Control Board of Ontario Senior Manager HR

HEARING DATE

May 16, 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 within 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 May 16, 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 was not wearing safety shoes while at work. This is a violation of the Health and Safety Policy. He was told to go home and get the shoes. As he lived thirty minutes away from the workplace and there was only two and a half hours left in his shift he declined to return home and come back to work. He is looking to be paid for the two and a half hours he lost. The Grievor could have been disciplined for the violation of the Health and Safety Policy but was not.

4After carefully considering the evidence and submissions of the parties I have concluded that the employer did not violate the collective agreement and took reasonable action in the circumstances. The grievance is therefore dismissed.

5In the event that the parties have any difficulties with the interpretation or implementation of this award I shall remain seized.