GSB# 2023-00347

UNION# 2023-0377-0007

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Zingone)

Union

• and -

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

Employer

BEFORE

Reva Devins

Arbitrator

FOR THE UNION

Anjana Kashyap Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Laura Chartrand, HR Manager Mark Mason Kevin Charlebois Liquor Control Board of Ontario

HEARING

October 10, 2023

Decision

1This matter proceeded as a mediation/arbitration, pursuant to s. 22.16 of the Collective Agreement. The Grievor alleged that she was improperly denied a request for bereavement leave under Article 18.2 of the Collective Agreement. The Employer maintained that it was not obliged to approve her request because December 27, the day in question, was already a scheduled day off.

2The Grievor was adamant that she did not request a day off and that she was scheduled for a 5-hour shift on December 27. As proof, she maintained that she always submitted her requests for time off through Workday, but no request was submitted for this date. She added that she was unaware that she needed to submit a request for bereavement leave in Workday.

3The Employer relied on statements from the Grievor’s managers, who remember the Grievor asking for a day off in person, in mid-December. Junior employees were available and the Grievor’s request was accommodated. In support of its position, the Employer submitted schedules printed on December 9, 12 and 17 that show a handwritten note, initialed by the manager, changing the Grievor’s scheduled shift to a RDO and altering the schedules of two junior employees to add a total of five hours to their shifts on December 27.

4I have considered the evidence and submissions of the parties and determined that the Employer did not violate the Collective Agreement.

5The grievance is therefore dismissed.