Arbitrator Norm Jesin has ruled that Maple Leaf Sports and Entertainment (MLSE) must compensate certain non-alcohol-serving employees for time spent completing compulsory online Smart Serve training. The decision directs MLSE to reimburse each affected employee with two hours’ pay, aligning with the provisions of the collective agreement in place at the time of the grievance.
The dispute arose when Teamsters Local Union 847 filed a grievance on May 2, 2023, alleging that MLSE violated the collective agreement by requiring ushers, concierges, and gate staff to attend Smart Serve certification or recertification training at their own cost. These employees do not serve or handle alcohol as part of their regular duties but were mandated by the company to hold a Smart Serve certificate.
In July 2022, the Alcohol and Gaming Commission of Ontario (AGCO) transitioned to online training for Smart Serve certification. Prior to this change, MLSE provided in-class training at its expense and covered the cost of the certificates. Following the shift to online training, MLSE determined it was not obligated to pay for the training or certification under Article 12.03 of the existing collective agreement.
Article 12.03 stated:
“An employee required to attend compulsory training shall receive a minimum of four (4) hours pay at his regular rate of pay for attending in-class training and a minimum of two (2) hours pay at his regular rate of pay for on-line training. This provision shall not apply when the training is scheduled immediately prior to or following the employee’s scheduled shift. Employees who do not attend compulsory training shall be held out of service until training is completed.”
The union argued that the employer should continue to cover both the cost of the training and the certificates, as it had done previously. In negotiations for a new collective agreement during the summer of 2023, the parties amended Article 12.03 to include:
“Employees that are not required to handle/serve alcohol as part of their regular duties but are required by the Company to hold a Smart Serve Certificate, will be reimbursed the cost of one certificate test and one four (4) hour training session for the initial acquisition or renewal.”
Arbitrator Jesin’s decision focused on the interpretation of Article 12.03 in the context of the online training environment. While he agreed with MLSE that the collective agreement at the time did not obligate the employer to pay for the cost of the certificates, he found that the online certification process did constitute compulsory training.
“In my view the online process did indeed constitute training and therefore the employees that are subject of the grievance were entitled to a minimum of two hours pay,” Jesin stated. He added that although the practice of the employer providing training had changed with the move to online certification, the language of the collective agreement still applied to the new format of training.
The arbitrator acknowledged the union’s suggestion that the training took more than two hours but concluded that, based on the evidence and submissions, two hours’ pay was appropriate compensation. “The Employer should be required to reimburse each affected employee for two hours pay in satisfaction of the grievance,” he ruled.
For more information, see Teamsters Local Union 847 v Maple Leaf Sports and Entertainment, 2024 CanLII 113756 (ON LA).
