GSB# 2025-00734

UNION# 2020-5108-0001

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 alleged that the Employer violated the collective agreement when his manager contacted him at home regarding work related issues. The Grievor maintained that this violates Articles 1, 1.1 (c), 2, 2.1 (a), as well as other governing legislation. He requested a declaration that management never contact him by phone or email during his time off and that all work-related inquiries be raised in person, when he is at work.

3In response, the Employer advised that employees are contacted when they are off work only when operational issues arise that require immediate attention. It further noted that employees are not compelled to answer the phone.

4I have considered the evidence and submissions of the parties and determined that there is no evidence of harassment or a violation of the collective agreement or related legislation.

5The grievance is dismissed.