GSB# 2023-03353

UNION# 2024-0379-0001

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Scott)

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 Manager

HEARING

November 8, 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 8, 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 filed a grievance alleging that the Employer’s investigation into a complaint he had filed was not handled properly. He provided several examples of what he believed to be flaws in the process.

4I have carefully considered the submissions made by both parties and am satisfied that the investigative process was not flawed. While it was not handled in a manner that the Grievor felt it should have been, I am of the view that the process was reasonable in all the circumstances.

5The grievance is therefore dismissed.