GSB# 2021-0979
UNION# 2020-5111-0015
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Blair)
Union
- and -
The Crown in Right of Ontario (Liquor Control Board of Ontario)
Employer
BEFORE
Dale Hewat
Arbitrator
FOR THE UNION
Jorge Hurtado Morrison Watts Hurtado Counsel
FOR THE EMPLOYER
Mackenzie Anderson Liquor Control Board of Ontario Counsel
HEARING
February 5, 2025
Decision
1This case involves a claim of by the Grievor that the Employer violated Article 27.4 of the Collective Agreement and mistreated her after she fell at work on July 12, 2020. Specifically, the Grievor claims that she was told that she would not lose her position with the LCBO and that she lost the opportunity for permanent employment because she came forward with the abuse that she feels that she endured while working at LCBO Store #697. The Grievor believes that she should have returned to work on September 12, 2020 and should have been placed on an accommodation plan due to her limited mobility resulting from her slip and fall at work on July 12, 2020.
2At the hearing on February 5, 2025, the Employer brought a motion to have the grievance dismissed for failing to make out a prima facie case of a possible violation of the Collective Agreement. The Employer maintained that the Grievor was hired as a summer fixed term employee which had a definite term ending on Labour Day 2020, and that as a fixed term employee, she did not have a right to a permanent position with the LCBO. I heard arguments and submissions by the Parties on the motion to dismiss.
3The Employer explained that it had been seeking particulars from the Union, and having not received any particulars, that it decided to proceed with the motion to dismiss the case. In that regard, it was shared that Employer Counsel wrote to Union Counsel on November 15, 2024 seeking full particulars by January 6, 2025. On January 30, 2025 Employer Counsel advised Union Counsel that the request for particulars was an opportunity for the Grievor to provide relevant clarifying information and that the Employer will be bringing its motion to dismiss at the upcoming hearing. Union Counsel responded on January 30, 2025 that he was not able to comply with the previous request for particulars and stated that the LCBO would have to seek an order from me for the Union to provide particulars.
4Union Counsel advised that he had been trying to get particulars from the Grievor but was not able to, in part, because she has been dealing with caring for her ill spouse who has stage 4 cancer. From his perspective, Union Counsel argued that, given the Grievor’s personal circumstances and because I have not issued an order for particulars, that the Employer’s motion to dismiss is premature.
5I agree with the Union, that the motion to dismiss is premature as this stage of the proceedings. I have decided in light of the Grievor’s circumstances, that she should be offered another chance to provide the particulars in support of her grievance. Such particulars must be provided by the Union to the Employer no later than February 28, 2025.
6As a result, by February 28, 2025, the Union is required to provide the following particulars to the Employer, with a copy to me:
Full particulars of the Union’s case, including but not limited to:
a. Identification of the provision(s) of the Collective Agreement which have allegedly been violated, giving rise to this Grievance.
b. The manner in which the LCBO is alleged to have violated the identified provision(s) of the Collective Agreement.
c. Identification of the provisions of any legislation which have allegedly been violated, giving rise to this Grievance.
d. The manner in which the LCBO is alleged to have violated the identified provisions of any legislation.
e. Subject to the above, all material facts that the Union intends to raise, particularly in support of the allegations.
f. Full particulars of the remedy or remedies that is or are being sought in this Grievance.
g. All documentation which is arguably relevant to the matters at issue in this grievance, including but not limited to the documentation upon which the Union intends to rely.
h. Identification of any witnesses that the Union intends to call at the hearing.
7Should the Union not provide particulars ordered by February 28, 2025, based on the submissions and legal arguments provided during the February 5, 2025 hearing I will be dismissing the grievance for failure to make out a prima facie case with reasons to follow. If the Union provides particulars by February 28, 2025, I have asked the Employer to advise me and Union Counsel, prior to the next hearing date, if they wish to continue with their no prima facie case motion.
Dated at Toronto, Ontario this 11th day of February 2025.