GSB# 2024-00598; 2024-00601

UNION# 2024-0499-0011; 2024-0499-0014

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Osikeme)

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 Liquor Control Board of Ontario HR Business Partnership HR Business Partner

HEARING

October 25, 2024

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 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 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 October 25, 2024 the parties at the Ottawa 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 grievance that is the subject of this decision was one of the grievances that the parties agreed to deal with.

3The Grievor in this case filed two grievances claiming that he should have been assigned forklift work on an overtime shift as the work was being performed by an employee with less seniority. The work was being performed by the employee who normally performed the work on the night shift.

4After carefully considering this matter, I have concluded that in the circumstances of this case, as there has been no violation of the collective agreement, the grievances are dismissed.