GSB# 2021-2636

UNION# 2021-0286-0006

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Thibodeau)

Union

• and -

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

Employer

BEFORE

Dale Hewat

Arbitrator

FOR THE UNION

Arielle Lewis Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Mackenzie Anderson Liquor Control Board of Ontario Counsel

HEARING

November 15, 2023

Decision

1Having heard the representations of the parties, and having accepted their request that this decision shall be without precedent and without prejudice to any future grievances arising under the Collective Agreement between the parties, I hereby determine this matter as follows.

2This matter concerns an individual grievance arising out of a job posting for the position of Product Consultant posted in the summer of 2021 (“the 2021 Product Consultant Job Posting”).

3The job posting was for a single position. Two people, referred to herein as Jonathan and Michelle, were awarded the position.

4The grievor challenges the job posting and awarding of the job to Michelle.

5The Employer does not contest that the grievor was improperly screened out of the competition, nor does it contest the allegation that the process undertaken in connection with the posting and awarding of the Product Consultant position in 2021 was not in compliance with the terms of the collective agreement.

6Having regard to the foregoing, I hereby find and declare the way in which the Employer posted and filled the position of Product Consultant in 2021 to have violated Article 22.5 (a) of the Collective Agreement.

7The Employer is hereby reminded of its responsibilities and obligations under the Collective Agreement with respect to the job competition process and the expectation that it will abide by same.