Ontario Public Service Employees Union (Kassm) v. The Crown in Right of Ontario (Liquor Control Board of Ontario), 2023 CanLII 127721

GSB# 2019-1578

UNION# 2019-0164-0027

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Kassm)

Union

• and -

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

Employer

BEFORE

Diane L. Gee

Arbitrator

FOR THE UNION

Angela Zhu Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Misbah Anis Crawford Chondon & Partners LLP Associate

HEARING

February 9 and September 8, 2022; November 8, 2023

Decision

1This matter is a grievance filed by Ontario Public Sector Employees’ Union (the “Union”) on behalf of Kathar Kassm (the “Grievor”) against the Liquor Control Board of Ontario (the “LCBO”). The grievance relates to the unsuccessful application of the Grievor for the position of permanent full-time Warehouse Worker 3.

2On February 9, 2022, the parties participated in mediation which was unsuccessful. Thereafter, the parties exchanged settlement offers. A written settlement offer made by the LCBO on March 13, 2023 was accepted in writing by the Union on the same date. Amongst other things, the offer made by the LCBO, and accepted by the Union, provided the Grievor’s wage rate would be increased to $30.98 an hour as of March 5, 2023. The evidence before me establishes an agreement in principle was reached on March 13, 2023 (the “Agreement”).

3After the Agreement was reached, the Grievor approached a representative of the LCBO directly seeking a higher wage rate than provided for in the Agreement. The LCBO representative agreed to increase the grievor’s wage rate to $31.95 as of March 5, 2023. When the LCBO forwarded the Minutes of Settlement setting out the terms of the Agreement, modified to reflect the higher wage rate the LCBO representative had agreed to, the grievor refused to sign.

4The Employer seeks enforcement of the Agreement and states it intends to honour the commitment made by the LCBO representative to increase the Grievor’s wage rate above what was agreed to as part of the Agreement.

5The LCBO submits that a binding settlement was reached by way of the Agreement and should be enforced. The Union does not dispute the facts as stated by the Employer and set out above but argues the Employer should be held to the subsequent commitment made to increase the Grievor’s wage rate above that provided for in the Agreement.

6Having regard to the foregoing I find a binding agreement was reached between the parties and is enforceable. I hereby direct the implementation of the terms of the Agreement with the modification that the Employer is bound by the subsequent commitment it made to a further wage increase.

7I remain seized to deal with any issues arising out of this Award.