GSB# 2024-01269

UNION# 2024-0163-0020

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Cassolato)

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

Nathan Knott Liquor Control Board of Ontario HR Manager

HEARING

November 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 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 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 25, 2024 the parties participated 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 is contesting the performance appraisal he received which reviewed the period from 2022-10-01 to 2023-09-30. He filed a grievance requesting that changes be made to it. He is also claiming harassment and discrimination contrary to Article 2.1(b) of the collective agreement.

4After reviewing the facts in this case, I am satisfied that the Employer has not harassed or discriminated against the Grievor and that there has been no violation of the collective agreement. The grievance is therefore dismissed.