GSB# 2019-1238

UNION# 2019-5108-0015

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Nahirny)

Union

• and -

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

Employer

BEFORE

Reva Devins

Arbitrator

FOR THE UNION

Anjana Kashyap Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Louise Gorman, HR Business Partner Neil Lenihan, Senior Manager, Labour Relations Lori Ann Romano, Regional Director, Operations Liquor Control Board of Ontario

HEARING

June 12, 2025

Decision

1On agreement of the parties, this matter proceeded as a mediation/arbitration. In accordance with the parties’ accepted practice, if mediation efforts fail, the Arbitrator will rely on the information presented at the hearing to issue a bottom-line decision, with brief reasons, that shall not be used as a precedent for future cases.

2At the hearing, the Grievor argued that the Employer violated Articles 28.2 (b) and 1.5 when it scheduled investigation or grievance meetings on the Grievor’s scheduled day off. He maintains that these provisions of the collective agreement permit him to attend meetings as a Union representative without loss of pay or loss of a regular day off.

3In the Employer’s submission, the purpose of Article 28.2 and 1.5 is to ensure that employees, and their Union representatives, do no lose money if required to attend meetings. The Employer practice is to schedule meetings on a day when the Grievor can attend, and not on his day off, if possible. However, it maintains that there is no violation of the collective agreement on the rare occasion that it must hold a meeting on a day that the Grievor is not scheduled to be at work. In any event, the Grievor has never attended on his day off and has not lost pay or time.

4The Grievor did not dispute the Employer assertion that he has not lost pay or time off, but he seeks a declaration that directs when future meetings can be scheduled.

5I have considered the evidence and submissions of the parties and determined that there is no violation of the collective agreement. Neither Article 28.2 nor 1.5 prohibit the Employer from scheduling a meeting on a specific Union representative’s regular day off.

6The grievance is dismissed.