On September 6, 2012 CUPE 1594 filed a grievance on behalf of an employee that was disciplined unfairly. The employee was required to make decisions as the supervisor of a unit that was affected by the job action that took place on June 9, 2012. The Union was unable to resolve the grievance through the grievance procedure, therefore the grievance was referred to arbitration. The arbitration was heard by an Arbitration Board on November 26, 27 and December 20, 2013.
The Arbitration Board released their decision on January 29, 2014. The Board allowed the grievance. This decision will ensure that the Grievor will be compensated for all monetary loss she sustained as a result of the 3-day suspension.
In reaching its decision, the Arbitration Board, chaired by Kenneth A. Stevenson, Q.C., concluded that “The evidence does not establish that [the Grievor] had the deceitful intent necessary to establish that she was dishonest or engaged in fraudulent conduct or a fraud on the Employer. Nor does the evidence establish that [the Grievor] was insubordinate”
The Arbitration Board also was critical of the RPL’s investigation into the alleged misconduct, or lack thereof.
“We believe the Employer’s failure to conduct an investigation into what it alleged was very serious misconduct involving moral turpitude contributed to significant discipline and this lengthy grievance process,” the Board writes.
“It ought to have met with her to inform her of its concerns and to offer her an opportunity to provide an explanation. Had such been done, things may well have gone much differently.”
The Union and the Grievor did provide detailed explanations during the grievance process, yet the Employer chose to continue with a lengthy and costly arbitration.
CUPE 1594 is pleased with the decision reached by this Arbitration Board and the vindication it has provided to the Grievor.
The full text of the arbitration award can be downloaded here.