GSB# 2021-2641; 2022-10248; 2022-12102; 2023-00059

UNION# 2021-0378-0059; 2022-0378-0131;

2023-0378-0009; 2023-0378-0016;

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Elawar)

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

HEARING

November 6, 2023

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 or cases 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 November 6, 2023 the parties at the Durham 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 grievances that are the subject of this decision were four of the grievances that the parties agreed to deal with.

3Grievance 2021-0378-0059 deals with a job posting. Grievances 2022-0378-0131 and 2023-0378-0009 involve a claim for reimbursement of sick time and Grievance 2023-0378-0016 deals with a one day disciplinary suspension. After carefully considering the submissions of the parties I hereby declare and direct as follows:

1. The one day suspension is reduced to a written reprimand and the Grievor is to be paid one days pay;

2. The Employer shall reimburse the Grievor for eight sick days;

3. The grievance regarding the job posting is dismissed.