GSB# 2021-0784; 2021-0785

UNION# 2021-0499-0026; 2021-0499-0027

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Lapointe)

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

Laura Chartrand Liquor Control Board of Ontario Senior Manager HR

HEARING

September 20, 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 September 20, 2022 the parties at the Ottawa 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 December, 2020 and a letter of reprimand in April, 2021 for lack of productivity. The letter of counsel is not disciplinary in nature and is not grievable. The letter of reprimand would normally remain on his file for three years from the date of issue.

4After carefully considering this matter I have concluded that an appropriate remedy is to remove the letter of reprimand from the grievor’s file on April 1, 2023 and I direct the employer to do so. In addition, the grievor shall be permitted to apply for and potentially be successful for competitions provided that he does not receive any discipline between today’s date and April 1, 2023.

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