GSB# 2023-03395

UNION# 2022-5108-0011

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.

2The Grievor seeks to challenge the discipline imposed on another employee. The affected employee has filed a grievance of their own that is proceeding through the grievance process in the normal course. At the hearing, the Grievor agreed that he is not directly affected or involved in the facts giving rise to this grievance. He also acknowledged that his concerns are more properly pursued by a policy grievance. Nonetheless, he declined to withdraw the grievance and requested a decision.

3I have considered the evidence and submissions of the parties and determined that there is no remedy that can flow to the Grievor in this case. The Grievor has not been disciplined and was not affected by any alleged contravention of the collective agreement. The affected employee has filed their own grievance, and it is up to the Union, not an individual employee, to pursue a policy grievance.

4The grievance is dismissed.