GSB# 2023-02630

UNION# 2023-0378-0291

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Elawar)

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

Emma Smalley Liquor Control Board of Ontario HR Business Partner

HEARING

March 31, 2025

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 March 31, 2025 the parties at the Durham Retail Service Centre 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 was late arriving at work as he was stuck in traffic. In accordance with the practice in place, the employer docked his pay for the time he was not working, which appears to have been less than fifteen minutes. The employer took the position that the Grievor could have used emergency leave as per the collective agreement if he did not wish to lose any pay. Under the collective agreement provision, the minimum time that an employee can take is two hours. Therefore, in that situation the parties would need to agree how to use the remaining time which was not needed to cover the lateness.

4It appears that the Employer’s practice has been consistently applied and that there has been no breach of the collective agreement.

5After carefully considering this matter, I have concluded that the grievance should be dismissed.