GSB# 2025-00733

UNION# 2019-5108-0017

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 he was improperly disciplined when the Employer imposed a one-day suspension for offensive, inappropriate and unprofessional comments made about a co-worker. The Grievor acknowledges warning another employee about a colleague, but he disputes the precise comments he was alleged to have made. He also took issue with what he perceived to be an effort by the Employer to assign a Union representative to attend his investigation meeting.

3The discipline was imposed in 2019. Per Article 27.2, it can no longer be used in subsequent disciplinary proceedings due to the passage of time. At arbitration, the Employer agreed to reimburse the Grievor for one day of lost wages. In the Employer’s submission, the dispute was therefore moot with no remedial issues outstanding.

4The Grievor asked to be made whole and requested a decision on whether his conduct warranted a one-day suspension.

5I have considered the evidence and submissions of the parties and determined that no further remedy is required. Therefore, it is not necessary for me to determine whether the imposition of a one-day suspension was reasonable in all the circumstances or to exercise my discretion to substitute a lesser penalty.

6The grievance is dismissed.