GSB# 2021-2114

UNION# 2021-0165-0007

See Appendix A

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Myke et al)

Union

• and -

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

Employer

BEFORE

Diane Gee

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

June 21, 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 four individual grievances arising out of a job posting for the position of Product Consultant posted in the summer of 2021 (“the 2021 Product Consultant Job Posting”). None of the grievors applied.

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

4The grievors challenge the job posting and awarding of the job to Michelle. The grievors alleged inter alia that Michelle should not have been screened in as she did not meet the minimum qualifications for the job having regard to her years of service and casual status.

5The Employer does not 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. The Employer further does not resist the imposition of the remedy that is usually awarded by the GSB when a determination is made that the process undertaken in connection with a job competition violated the terms of the collective agreement, namely the rerunning of the job competition.

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 22.4 (a)(i) of the Collective Agreement. Having regard to the grievors’ stated desire that I not order the Employer to rerun the job competition, I do not make such an Order.

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.

Dated at Toronto, Ontario this 4th day of December, 2023.

Appendix A

GSB File Number

Grievor

Union Grievance Number

2021-2114

Myke, Kelly

2021-0165-0007

2021-2115

Hutchison, Kathleen

2021-0165-0008

2021-2116

Edwards, Miranda

2021-0165-0010

2021-2307

Rodgers, Debbie

2021-0165-0009