GSB# 2022-12101

UNION# 2022-4100-0004

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Adams)

Union

• and -

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

Employer

BEFORE

Kevin Banks

Arbitrator

FOR THE UNION

Anjana Kashyap Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Mackenzie Anderson Liquor Control Board of Ontario Counsel

HEARING

January 29, 2024

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 an individual grievance arising out of the Grievor not being scheduled for a premium shift on November 11, 2022.

3The Grievor is a casual customer service representative at the LCBO’s Store 540. On or around March 8, 2021, the Grievor submitted medical documentation indicating she could not work past 4pm.

4On November 11, 2022, Store 540 set a 12-5pm shift. The Grievor was not scheduled that day.

5The Grievor alleges that the Employer discriminated against and failed to accommodate her, by not offering her a modified 11-4pm shift on November 11, 2022.

6The Employer is hereby reminded of its responsibilities and obligations under the Collective Agreement and Human Rights Code with respect to the duty to accommodate.