GSB# 2023-01527

UNION# 2023-0163-0046

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Knapp)

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 Business Partner

HEARING

August 12, 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 August 12, 2024 the parties at the Western Region Retail Division 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 a grievance claiming that the Employer violated her rights pursuant to the OHRC, Article 1.1 (c), 2.1(b) and Article 33.1 of the collective agreement and several Employer Policies. After carefully reviewing all of the facts and the submissions of the parties I have determined that it is appropriate to direct the Employer to pay to the Grievor the sum of $500.00 minus the applicable statutory deductions.

4The grievance is therefore upheld in part.