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HomeMy WebLinkAbout1978-0167.Stelmakovich.79-05-03Between: Before: For the Grievor: For the Employer: Hearing: IN THE MATTER OF AN ARBITRATION Under The CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Mr. Irving Stelmakovich And (Grievor) The Ontario Housing Corporation Ministry of Health (Employer) Mr. G. W. Adams Chairman Mr. G. Peckham Member Mr. R. Cochrane Member Mr. P. J. O'Keeffe, Assistant Regional Director, CUPE Suite 501, 212 King St. West Toronto, Ontario Mr. A. P. Tarasuk Central Ontario Industrial Relations Institute, Suite 200 85 Richmond St. West Toronto, Ontario February 9th, 1979 Suite 2100, 180 Dundas St. West Toronto, Ontario -, 2- In this case the grievor contests his permanent demotion from I maintenance repairman, in which position he was paid $6.&an hour, tom- the job of groundsman - labourer paid at a rate of $6.1~1. The details of the culminating incident are not in dispute. The grievor was called out to attend to certain repairs at one of the housing,locations and, for a few minutes, left his vehicle unlocked. As a result of this act of momentary carelessness, hisitool pouch and a set of keys were stolen.from the trunk. The value involved in this theft and its consequence were not great. However, in 1978 the grievor received a six week suspension for unauthorized entry into a tenant unit and for removing various articles from that unit which were neither the property I of himself or of the Housing Authority. The latest incident was there- fore the proverbial straw that broke the camel's back. We have reviewed all the evidence and the submissions of the parties and have come to the conclusion that the penalty of a permanent demotion is too severe in the circystances. The latest incident is not of the same quality or kind as,the preceding situation and provides an insufficient basis for a conclusion that the grievor has not learned from the earlier penalty. The, grievor is to be returned to his position of maintenance repairmanand is toibe compensated for. any difference in wages caused by the demotion commencing January 1, 1979. Dated at Toronto this 3rd Mr. G. W. Adams Chairman I I concur / Mr. G. Peckham Member I concur : Mr. R. Cochrane Member