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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