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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 2