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HomeMy WebLinkAbout1998-0164.Xanthopoulos.98-08-00 Decision ONrARJO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONrARIO 1111 GRIEVANCE COMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 600, TORONTO ON M5G 128 TELEPHONE/TELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 128 FACS/MILE/TELECOPIE (416) 326-13iX5 GSB#O 164/98 OLB# 131/98 IN THE MA TIER OF AN ARBITRA nON Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OLBEU (Xanthopoulos) Grievor - and - The Crown m RIght of Ontario (LIquor Control Board of Ontano) Employer BEFORE P Knopf Vice-Chair FOR THE J Noble UNION Legal Counsel Ontano Liquor Board Employees Uruon FOR THE A Renton EMPLOYER Counsel, Legal SefV1ces LIquor Control Board of Ontano HEARING July 17, 1998 Trus IS a dIscharge gnevance The Gnevor was dIscharged on Apnl 15, 1998 He IS a employee with 19 years of servIce and no dlscIphne on hIS record. He was discharged as a result of an mCldent m whIch It IS alleged that he deliberately attacked a younger employee, phYSIcally assaultmg hIm and uttenng racial comments After havmg heard the eVIdence and the submISSlOns of the parties, It must be concluded that the Gnevor did m fact assault a younger employee as alleged. The assault was mstIgated by the Gnevor rums elf. It was the result of an over-reactIOn to a sItuatlOn that arose that day The facts reveal that the Gnevor swore at the younger employee several tImes, then uttered derogatory racial comments towards that employee and then phYSIcally assaulted hIm two times In addltlOn, the Gnevor threatened the younger employee III terms of hiS Job secunty The mCIdent was witnessed by several other employees who were shocked by thIS behaVIOur The facts reveal dlsturbmg and completely unJustIfiable conduct by the Gnevor ThIS IS conduct that cannot and should not be tolerated m the work place In the heanng, both the Uruon and the Gnevor acknowledged that the Gnevor over-reacted to a SItuatIon. The Gnevor mdlcated that he regrets the way he acted on that day The Uruon acknowledges that the Gnevor's behavlOur IS completely unacceptable The Gnevor mdIcated that he was m the process of arrangmg for the assistance of a psychIatnst m order to receIve "anger management" treatment. The UnIon submItted that the Gnevor had come to reahze that such treatment IS necessary "m order to Improve relatlOns WIth hIS co-workers and hIS family" - 2 - The DeCIsIon The Gnevor's conduct was dIsgustmg. All employees have a nght to a safe work place All employees have a nght to a work place free of harassment, mtIrmdatlOn and racIal dIscnmmatlOn. The employee who was vIctImIzed by the Gnevor was depnved of these basIc human nghts as a result of the Gnevor's conduct. The Gnevor deserves to be severely purushed for rus actIOns The Employer has a duty to take severe actIon agamst the Gnevor In ordmary cIrcumstances, the dIscharge would have been upheld However, gIven the subrmsslOns of the partIes and the Gnevor's wIlhngness to admIt hIS wrongdomg m the work place, thIs IS an appropnate case to exerCIse an arbItrator's JunsdIctIon to substItute a penalty other than dIscharge Accordmgly, I make the followmg award havmg also taken mto consIderatlOn the Gnevor's lengthy seruonty and clean dIscIphnary record WIt run the last three years 1 The Gnevor wIll be remstated to rus former posItlOn, WIth no loss of seruonty, and no back pay, wIthm three weeks of proof that he has enrolled m, and attended, an anger management counsellIng course, conducted by a quahfied professlOnal, 1a. The penod between the gnevor's terrmnatlOn to the date he IS remstated will be consIdered a suspenslOn, 2 The Gnevor's contmued remstatement IS condItIonal upon proof of contmued attendance and partIcIpatIon m the above-mentlOned anger management course, such proof to be provIded on a monthly - - 3 - basIs, m wntmg, to the Director, untIl dIscharge from the program for successful completlOn, 3 The Gnevor will be automatically terrmnated, Without the abIhty to gneve or otherwIse challenge hIS termmatlOn If the terms set out m paragraph 2 above are not met, 4 The Gnevor's contmued remstatement IS conditIOnal upon the Gnevor not engagmg m or partlclpatmg m harassment, dlscnrmnatlOn, mtlmIdatlOn, or physical assault, If the Gnevor engages or partIcipates m harassment, dIscnmmatlOn, mtImIdatlOn or physIcal assault, he will be automatically termmated WIthout the abihty to gneve or otherwIse challenge hIs termmatlOn, except to dispute the facts upon wruch the termmatlOn was made The Gnevor IS also entItled to challenge whether or not the facts constituted mtImIdatlOn, harassment, dlscnmmatlOn, or physIcal assault, 5 The Gnevor wIll submit to the LCBO a wntten apology, m the form attached hereto as AppendIX "A", which will subsequently be typed out and Signed ThIS apology wIll be posted at the Durham Warehouse for one month followmg rus remstatement, 6 The Gnevor will meet WIth the employees mvolved m the April 1 st, 1998 mCIdent, m the presence of UnIon representatlOn, and will read out loud the apology referenced m paragraph 5 above, - 4 - 7 Trus award shall be posted at the Durham Warehouse, for one month followmg the Gnevor's remstatement. DATED at Toronto, Ontano this 4th day of August, 1998 - 5 - ; APPENDIX "A" July 17, 1998 To Mr BIll Hicks, DIrector and all employees of the Durham Warehouse From Steve Xanthopoulos I wnte this letter to apologIze for what happened at the workplace on April 1, 1998 I recogmze that I am at fault for what happened, and I was wrong to swear at my fellow worker, to threaten hIm, to use raCIal slurs and to physIcally assault hIm. I am deeply sorry for any hurt I caused to Mr Ibanez and my other fellow employees I am also sorry to every other person who has had to be mvolved m thIs sItuatlOn. It IS a very great lesson for me for the future, and I learned from thIS to behave m a gentlemanly manner I promIse that thIS WIll not occur agam, III or out of the workplace Yours smcerely "Steve Xanthopoulos"