HomeMy WebLinkAbout2004-1316.McLeod.04-08-09 Decision
Crown Employees Commission de ~~
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
~-,...
Suite 600 Bureau 600 Ontario
180 Dundas Sl. West 180 rue Dundas Ouest
Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
Tel. (416) 326-1388 Tel. (416) 326-1388
Fax (416) 326-1396 Telec. (416) 326-1396
GSB# 2004-1316
UNION# OLB420/04
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano LIqUor Boards Employees' Umon
(McLeod) Grievor
- and -
The Crown In RIght of Ontano
(LIqUor Control Board of Ontano) Employer
BEFORE Gerry Lee Vice-Chair
FOR THE UNION Dave Loney
Gnevance Officer
Ontano LIqUor Boards Employees' Umon
FOR THE EMPLOYER Pat HoulIhan
Consultant
LIqUor Control Board of Ontano
HEARING August 6 2004
2
DeCISIon
The partIes referred thIS gnevance to medIatIOn/arbItratIOn In accordance wIth ArtIcle 22 11 and
AppendIx 2 of the CollectIve Agreement.
At the outset of the heanng, the partIes agreed that I had JunsdIctIOn to deal wIth thIS matter and
they requested that I Issue a "wIthout precedent" decIsIOn wIth no reasons
The employer Issued the gnevor wIth a letter dated July 9 2004 InformIng hIm that hIS
employment was termInated because he was" observed on three dIfferent occaSIOns of
IntImIdatIng, verbally and physIcally assaultIng employees of the London RetaIl ServIce Centre"
In ordInary cIrcumstances, thIS dIscharge would be upheld. However gIven the submIssIOns of
the partIes, the gnevor's wIllIngness to seek counsellIng and In VIew of hIS clear dIscIplInary
record, thIS IS an appropnate case for reInstatement on stnct terms AccordIngly the gnevance IS
allowed subJect to the folloWIng terms
1) The Gnevor IS to be reInstated to hIS former posItIOn WIthIn five workIng days of thIS
decIsIOn, wIth no loss of semonty and no back pay provIdIng the gnevor submIts
wntten documentatIOn to the employer that he has been attendIng seSSIOns wIth hIS
EAP PsychotherapIst In order to deal wIth anger management Issues
2) The gnevor's reInstatement IS condItIOnal upon hIS proof of contInual attendance In
the aforementIOned anger management counsellIng seSSIOns Such proof to be
provIded, In wntIng, to the DIrector of the London Warehouse on a monthly basIs
untIl such tIme as the Gnevor's PsychotherapIst determInes that he no longer reqUIres
further treatment.
3) The tIme penod between the gnevor's termInatIOn of employment to the date he IS
reInstated shall be consIdered a suspensIOn.
4) The Gnevor wIll be automatIcally termInated, wIthout the abIlIty to gneve or
otherwIse challenge hIS termInatIOn, If the terms set out In paragraph 1 and 2 above
are not met.
5) The Gnevor's reInstatement IS condItIOnal upon the Gnevor not engagIng In or
partIcIpatIng In harassment, dISCnmInatIOn, IntImIdatIOn, or physIcal assault In the
workplace If the Gnevor engages or partIcIpates In harassment, dISCnmInatIOn,
IntImIdatIOn or physIcal assault, he wIll be automatIcally termInated wIthout the
abIlIty to gneve or otherwIse challenge hIS termInatIOn, except to dIspute the facts
upon whIch the termInatIOn was made The Gnevor IS also entItled to challenge
whether or not the facts constItuted IntImIdatIOn, harassment, dISCnmInatIOn, or
physIcal assault. ThIS condItIOn shall remaIn In effect for a penod of two years from
the date of thIS award.
3
6) Pnor to hIS reInstatement, the Gnevor wIll provIde the employer wIth a wntten
apology for hIS mIsconduct, such letter to contaIn the gnevor's promIse that he wIll
not, In future, engage In any further mIsconduct of the type that led to hIS termInatIOn.
ThIS apology wIll be posted at the London Warehouse for one month folloWIng hIS
reInstatement.
I remaIn seIzed wIth respect to the ImplementatIOn of thIS award.
Dated at Toronto thIS 9th day of August 2004