HomeMy WebLinkAbout1999-1391.Khadr.00-04-17 Decision
o NTARW EMPU) YES DE LA COURONNE
CROW"! EMPLOYEES DE L 'ONTARW
. . GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST SUITE 600 TORONTO ON M5G 128 TELEPHONBTELEPHON~ (416) 326-1388
180 RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G 128 FACSIMILBTELECOPIE. (416) 326-1396
GSB # 1391/99
OCC-398
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SElTLEMENT BOARD
BElWEEN
Umted Steelworkers of Amenca
(Khadr)
Grievor
- and -
The Crown 111 RIght of Ontano
(Ottawa Congress Centre)
Emplover
BEFORE Nimal V DIssanavake Vice Charr
FOR THE Robert Henderson
GRIEVOR Umon RepresentatIve
Umted Steelworkers of Amenca
FOR THE Jacques A. Emond
EMPLOYER Counsel
Emond, Hamden
Barnsters & SohcItors
HEARING April 13 2000
DECISION
The board was seized with a grlevance filed by Mr Gamal
Khadr wherein he alleges that he was discharged without cause
The parties agreed to a mediation-arbitration process
Following discussions, the grievor provided to the employer
the following "without prejudice" letter
On May 29, 1999, J P Miner and I had a verbal
argument while working In the corridor In front of
the Housemen's office I finished my shift shortly
afterwards and was met by Miner outside near the
parking lot We resumed our argument, and it
quickly became more heated than was the earlier
exchange At one point, a shoving match ensued and
I responded by punching him A full-blown fight
then ensued
At no time was it my intent to cause JP any lnJury,
and I regret that such an injury may have occurred
In the 8 (eight) years that I have worked at the
Congress Centre, I have never before been involved
In such an incident and I am confident that it will
never happen agaln
In view of the foregoing letter, and without admission of
any liability on outstanding lssues, the employer agreed to
reinstate the grlevor effective April 13, 2000 Upon his
reinstatement, he will be placed on the part-time seniority
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list, ranked In the seventh position, and he would become
eligible to accept work available on the schedule that will be
posted on Tuesday April 18, 2000 for work commenclng the week
of April 23, 2000
The employer lS hereby ordered to reinstate the grlevor
on the terms agreed to and set out In the foregoing paragraph
As a result, the lssues still outstanding are as follows
(a) Whether or not the grlevance In question was
untimely and if so, whether it rendered it
inarbitrable, and/or limited the remedial
entitlement of the grlevor
(2 ) If the grlevance lS arbitrable, whether the grlevor
engaged In culpable conduct as would constitute just
cause for his suspension without pay for the period
from the date of his discharge to the date of his
reinstatement ordered herein, or whether I ought to
substitute a lesser penalty
As a result of the parties' agreement, the grlevor has
been reinstated The only lssue remalnlng outstanding, as far
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as the merits are concerned, lS whether the whole period he
was away from work between his discharge and his reinstatement
lS to be treated as a period of suspension without pay If
the discussions during the med-arb process does not result In
the resolution of the outstanding lssues, an arbitration
hearing to determine those lssues will commence on the next
scheduled date
Dated at Toronto, this 17th day of April 2000
~~
..:-.,_ 'lor
- ,~', '=" ~-=! -- --;~
.. ~-
Nimal V Dissanayake, Vice-Chair
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