HomeMy WebLinkAbout2001-1115.Brennan.02-05-08 Decision
~M~ om~o EMPLOYES DE L4 COURONNE
_QJ.L i~~~~~T DE L ONTARIO
COMMISSION DE
REGLEMENT
"IIIl__1I'" BOARD DES GRIEFS
Ontario
180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONEITELEPHONE. (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600 TORONTO (ON) M5G 128 FACSIMILE/TELECOPIE. (416) 326-1396
GSB# 1115/01
UNION# OLB438/01
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Befo re
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OntarIO LIquor Boards Employees' Umon
(Brennan)
Gnevor
- and -
The Crown In RIght of Ontano
(LIquor Control Board of Ontano)
Employer
BEFORE RIchard Brown Vice-Chairperson
FOR THE GRIEVOR Glen Chochla
Counsel
CarolIne Engelman GottheIl
Barnsters & Sohcltors
FOR THE EMPLOYER Ahson Renton
Counsel
Legal ServIces Branch
Management Board Secretanat
HEARING Apnll5, 22 and 30,2002
DECISION
Aaron Brennan gneved a three-day suspenSIOn for alleged mIsconduct as a
casual employee at the Ottawa warehouse on May 29, 2001 HIS gnevance
was heard on Apnll5, 22 and 30,2002
On May 6, havIng almost fimshed wntIng a lengthy decIsIOn, I was
dIrected by the partIes to Issue a "bottom-hne" award detennInIng only
whether a suspenSIOn was warranted--elther the three-day suspenSIOn
llnposed by the employer or one of some lesser duratIOn I was specIfically
Instructed not to provIde any wntten reasons for my decIsIOn
I conclude that the employer has not dIscharged the burden of prOVIng
a suspenSIOn of any length was warranted. In the umque CIrcumstances of
tlus case, I need not decIde whether a wntten warnIng would have been
appropnate The employer IS dIrected to rescInd the suspenSIOn and to
compensate the gnevor accordIngly
Dated at Toronto, tlus 8th day of May, 2002
RIchard M. Brown, VIce-Chairperson
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