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HomeMy WebLinkAbout1976-0048.Cranley and Staunton.76-11-15,‘... . ~.. _ _ . CROWN EMPLOYEES 416/964 6426 suite 405, GRIEVANCE SETTLEMENT 77 Bloor Street West 6OARD TORONTO, Ontario. M5.5 lM2 IN THE MATTER OF AN ARBITRATION Under The CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: Messrs. D. M. Cranley and B. W. Staunton (The Grievers) And The Ministry of Revenue '(The, Empljoyer) Before: D. M. Beatty - Chairman Mr. E. J. Orsini - Member Ms. P. A. Sigurdson - Member For the Grievor: Mr. Garry G. Rishor - Howell, Fleming, Bark, Crook, ~.. Murphy, Bark & Rishor Peterborough, Ontario For the Employer: Mr. R. J. Drmaj - Hicks, Morley, Hamilton Toronto, Ontario Hearinq: Suite 405, 77Bloor St. W., Toronto,-Ontario, October 26, 19’ -2- The grievances of Mr. 0. M. Cranley and B. W. Staunton, both employed in the classification of Assessor 3 in the Ministry's Assessment Division for the Peterborough area, raise the rather narrow issue of whether, for certain improprieties committed by- them, the penalty of discharge rather than some lesser sanction is just and reasonable in the circumstances. In putting this issue before this Board the parties submitted an agreed statement of ~facts describing the circumstances which precipitated the dismissal of Messrs. Cranley and Staunton. The material portions of that statement provide that: 1. .' 2; 3. 4. 5. 6. The incident took place in Emily Township. On date in q&stion April 2/?6: Mr. Cranley.re~ested Mr. Staunton to accompany him to Village of Lakefield to aid in the assessment of additions to two schols. Neither obtained per- mission for this. Mr. Cranley was responsible for Gov't vehide, in question here. Both grievers went to location in question in Emily Township some 20 miles from Village of Lakefield. They drove onto land later identified as property of Cecil O'Neill and loaded Birch firewood into the station wagon. While there Mr. O'Neill drove up and questioned the qrievors with regards their presence there, and the fact that his mod was in the vehicle. The two qriwors offered.to buy the wood and when MF~. O'Neill suggested $25.00, the qrievors unloaded the vehicle. -3- 7. Mr. O'Neill asked the qrievors to identify themselves and they gave the names of Bavid MacMillan and Mike Radke, (clearly false names). 8. Grievors drove off 9. There was a "Trespassers will be prosecuted" sign near the road. 10. Mr. O'Neill phoned and complained to OPP with regards this incident. It was investigated. 11. Both qriewrs admitted to their supervisor Mr. McBain all of the above facts and agree that Exhibit "3" hereto attached represents accurately their discussion with him. 12. Both qrievors also admitted to all. these facts in a meeting with Mr. V., M. Hewson on Tues. April 6th, 1976 following which he relieved the qrievors of their duties. As well, and as referred to in paragraph 11 of the agreed statement of facts in Exhibit 3, the parties have ,stipulated that: 4. Cranley returned to the office at 4 p.m. and admitted to the veracity of the report from the police. Staunton also returned to the office and con.firmed his involvement. I then phoned Constable Erskine with this information and he asked that the assessors arrange to see him at police Headquarters as he wished to admonish them. 5. Cranley and Staunton have, I believe, beeti completely open in admitting their impropriety and have tendered their personal apologies and regrets to me. They reported to me~this morning that they had reported on, Sunday April 4 to Constable Erskine and had also visited Cecil O'Neill and apologized to him. Finally and with respect to the specific issue referred to this Board evidence was tendered by Messrs. Cranley and Staunton to establish that except for the incident of April 2, their employment record, -I$- dating back to August 1966 and March 1969 respectively, is otherwise unblemished, and to affirm, given the nature of the assessors' job and their particular family circumstances, that the penalty of dismissal would expose them to particularly 'severe economic hardship. As well, it was their evidence, which was not challenged . . by the employer, that until Mr:~ O'Neill, the owner of the property, confronted them with the fact that they were removing his wood from his property, they were under the impression that the land ,. in question was owned by the township and that the wood, which was left lying where it had been cut, was available for public removal. That is to say, and while in retrospect they conceded the impropriety of their conduct, it was the grievors' contention that at the time, from the layout and general contour of the area in question it never struck them that they were removing the wood from private property. In resolving the issue raised by these grievances, it is beyond dispute that this Board has, by virtue of s. 18(3) of The Crown Employees Collective Bargaining Act S.O. 1974 c. 135 the unqualified authority, where we determine that the penalty imposed is excessive, to substitute such other penalty as we determine is just and reasonable. Moreover, this Board has, .'~ in at least two previous awards, set out the principles by which and the criteria on which that mandate will be exercised. Specifically and in the first place in Re Maw l/75 this Board has indicated -5- its agreement with the reasoning of the board of arbitration in Re Steel Equipment Co. Ltd. (1964), 14 L.A.C. 356 (Reville) as to the specific criteria against which the.reasonableness of a particular disciplinary sanction may be assessed. In that latter award, the board stated: It has been held, lpwever, that where an arbitration bard has the power to mitigate the penalty imposed on a qriewr, the board should take into consideration in arriving at its decision the following factors: 1. 3. 4. 5. 6. The previous, gcod record of the griever - s United Steelworkers of America, Local 5297, and Frontenac Floor & Wall Tile Ltd. (1957), 8 L.A.C. 105. The long service of the yrievor - Re U.A.W., Local 28, and C.C.M. Co. (1954), 5'L.A.C. 1883. Whether or not the offence was an isolated incident in the emulovment historu of the qrievor - Re Amalgama;ed Ass'n of-street, Electric Railway and Mot&- Coach Employees of America and Sandwich,,Windsor & Amherstburg Railway Co. (1951)‘ 2 L.A.C.. 684 Provocation - Re United Brotherhood of -,:.^I- 'Carpenters, ~Local'2537, and KKP Co. Ltd. (19621, 12 L.A.C. 386. Whether the offence was committed on the spur of the moment as a result of a momentary aberration, due to strong emotional imrxlses. or‘ whether the offence was rxe- mediated -ore U.A.W., Local 112, and-& ~iiavilland Aircraft of Canada Ltd., being an award of Professor Bora La&in dated March 13, 1959 (unreported). Whether the penalty impsed has created a special economic hardship for the qrievor in the light of his particular c$rtim- stances - .Re U.A.W., Local 127, and Ontario Steel Products Ltd. (1962), 13 L.A.C. 197. -6- 7. Evidence that the company rules of conduct, either unwritten or posted, have not been uniformly enforced, thus constituting a form of discrimination - Re Retail, - Wholesale ti Department Store union, Local 414, and &minion Stores Ltd. (1961), 12 L.A.C. 164. 8. Circumstances negativing intent, e.g., likelihood that the qrievor misunderstood the nature or intent of an order qiven to him, and as a result disobeyed it - Re United Electrical Workexs:Local 524Tand Canadian General Electric Co. (1957), 8 L.A.C. 132. 9. The seriousness of the offence in terms of company policy and company oblica~tions - Re Mine, Mill and SmeltermWo;kers,~ Local 598, and Falconbridge Nickel Mines Ltd. (1956), 7 L.A.C. 130. 10. Any other circumstances which the board should properly take into consideration, e.g., (a) failure of the griever to apologize and settle the matter after being given an oppor- tunity to do so - Re U.A.W., Local 456, and Mueller Ltd. (1958), 8 L.A.C. 144; (b) where a qrievor was discharged for improper driving of coiapany equipment and the company, for the first time, issued rules governing the conduct of drivers after the discharge, this was held to be a mitigating circumstance - Re Int'l Brotherhod of Teamsters and Riverside Construction Co. (19611, 12 L.A.C! 145; (c) failure of the company to permi$ the griewr to explain or deny the alleged offence - Re Int'l Brotherhood of Teamsters, Local 979, and Leaminqton Transport (Western) Ltd. (19611, 12 L.A.C. 147. ,Applied to the facts of the present case, it is evident that the previous good{record of the grievors, their long service, the isolated and uncharacteristic nature of this incident,in their employment history, the severe economic hardship that would befall'these persons if the discharge were sustained, the circumstances negativing an i -7- intent to steal or trespass upon Mr. O'Neill's property, all would stand in the grievors' favour and would, all other circumstances .being equal, induce this Board to mitigate the penalty imposed. As well, in the Re Maw l/75 award this Board has accepted the reasoning of the board of arbitration in Re Galco Food Products Ltd. (1974), 7 L.A.C. (Zd) 350, (Beatty) as ar- ticulating what we believe to be the generally accepted purpose of and rational for a system of industrial discipline. In the Galco award, that board wrote (pp. 356-357): The second reason for our modifying the disciplinary action taken by~the company in this case stems from our view as to the fundamental purposes which support the iiivocation of dis- cipline in the industridl environment. It is we think now generally accepted that the pre- vailing themes of modern punishment are re- hebilitation, correction and individualization. Kadish, S. "The Criminal Law and Industrial Discipline as Sanctioning Systems: Some Comparative Observations" Proceedings 17th National Academy of Arbitrators (19641, 125, 137. No longer do we invoke criminal or industrial sanctions as a matter of re- tribution, retaliation or es an instrument of terror. 'It is said therefore that for punishment to serve its ends, it must induce persons to observe the accepted norms of society and it must do so at a cost to the individual which is not excessive. Of these three themes it is said by some .that the corrective aspect is the paramount one. Ross, A.M. "The Arbitration of Discharge cases . . . "Proceedings 10th National Academy of Arbitrators (19571, 21, 26. It is also said (Kadish S., "Criminal Law and Indus- trial Discipline", supra), that the re- habilitation theme, that is involving an affirmative programme of therapy, which is en essential component of many modern criminal correctional theories, has no place in industrial discipline. However recent .’ -a- joint'management-labour efforts to deal with the rising phenomenon of alcoholism in the work force would attest to the fact that even here, close parallels can be drawn between such correctional themes and in- dustrial discipline. Be that as it may, there is obviously much in such modern correctional theory which is directly applicable to the in- dustrial setting. The thrust of the cor- rectional end individualization themes is an attempt to acknowledge the existence of and “retain the usefulness of the person in the community after punishment has been im- posed" Kadish, S. "The Criminal Law and Industrial Discipline", supra. That is the punishment is designed to bring home to the offender, and the rest of his or her community, the reprobation with which society views such conduct (the deterrent function) while et the same time securfny for 'the benefit of that community the useful services that such person would, as deterred, have to offer. .-The applicability of such modern cor- rectional themes can be seen in a variety of ': ' now widely recognized rules of arbitral jurisprudence, as for example in the theory of progressive discipline, Re North York ~General Hospital and~C.U.G.E. (1973) 5 L.A.C. (2d) 45~(Shime) or in the application of the concept of mens rea to an analysis of al- leqedlu insubordinate conduct by an employee. _ Re'Int'l Woodworkers of ?.merica, Local 2-500, and'Stancor.~Central Ltd. (Pepoler Division) 11970). 22 L.A.C. 184 (Weiler). We believe these~illustration& should be.extended and that the employers should invoke disciplinary sanctions with these twin concepts of cur- rection end individualization uppermost in their minds. Thus it hvuld be appropriate to discharge employees as a last resort and only when it became apparent that corrective meastires would not succeed. Or, to put the matter in the jargon of the older arbitration awards, discharge is appropriate when the employee has demonstrated his incompatibility to~ontinue the relationship of employer and : employee. Such a~ conclusion might well be proper for example, should an employee . - 9 - demonstrate his failure to respond to correctional disciplinary sanctions by a repetition of the of- fensive conduct. We might add that such en application of industrial discipline though obviously in the interests of the employee, mey also serve to ad- vance the employer's ends as well. If as we have said the primary purpose of industrial discipline is corrective rather then retributive, then "any value of reformed behsviour is lost to the company when the men is discharged". See porter, J.M. "The Arbitration of Industrial Disputes Arising from Disciplinary Action", Proceedings I.R.R.A. (1950), 262, 269. RE GAZCO FCCD,PRODVCTS LTD. AND AMALGAMATED MEAT CUTTERS S BUTCHERS WORKMEL'? 'OF NORTH AMERICA, LOCAL P-1105 (1974), 7 L.A.C: (2d) 350, 356-7 (aeatty) Indeed, applying those themes of correction and individualization to a case which closely parallels the one before us, another panel of this Board, in Re 23/75, has accepted the reasoning of the board of arbitration in Re Toronto East General Hospital Inc. (1975) 9 L.A.C. (Zd) 311 (Beatty) in which‘the reasonableness of discharging an employee who had corranitted an isolated act of theft was analysed in these terms: Having reviewed aXof the cases wherein arbitrators have considered whether aggravated acts of disimnesty and untrustworthiness by an employee justifies the termination of such an employee, end recognizing that the overwhelming weiqht of the arbitral opinion would respond to that question in the affirmative, we cannot, for the reasons that follow, subscribe to the principle that es en immutable~axiom, discharge is en appropriate sanction in such cases which should, except in extreme cases, be affirmed by boards of arbitration. It is true,.as we have noted above, that the trust and respect between employer and employee ins one of the corner stones necessary to support a viable and healthu emvloument relationshiD. we would - 10 - also subscribe to the view that misconduct such as theft must be viewed in the most serious terms. Nevertheless if as the Galco Food. Products Ltd., supra, case suggests the operative theme in industrial as well as criminal sanctions is corrective and rehabilitative rather than retributive, we simply cannot subscribe to the notion that an employee, such as Mr. Hogan, who may have stolen six tins of baby's strained apple juice on one occasion, and‘who has no other blemishes on his employment record of almost one year and who the employer conceded had otherwise shown himself to be a good employee, has by that one act alone demonstrated that he is beyond correction and rehabilitation. It is simply unrealistic to assume that by some lesser form, of sanction he cannot be induced to conform to the accepted norms of society. As noted in the Galco Food Products Ltd. award, supra; "There is simply no correlation between the gravity of the misconduct and the potential for correction that the offender possesses." Very simply we believe that qiven that this is his first act of misconduct, that he has otherwise been a qood employee and that although only 19 years of age he has the responsibility to care for a wife and a young child, he will in fact respond to some lesser form of sanction. Having com- mitted one act of dishonesty, however grave, it simply cannot be said that the qrievor cannot be induced to act in.honest, trustworthy manner. In addition, and again without depreciating the gravity of his misconduct, we simply are unable to subscribe to the notion, implicit in the vast majority of awards which affirm the discharge of employees~ for similar offences, that by this act alone Mr. Hogan has. shown himself to be so untrustworthy that the employer can never again rely on or have confidence in him. From one isolated act we simply cannot characterize the qrievor as being so untrustworthy. We are unaware of any context in law where owing to a single act of misconduct a person is forever to be judqed by that solitary transgression. In short, to so characterize the qrievor for a single act of dishonesty as being incapa'ble of earning the trust of his employer has no basis in law, loqic~ or equity. - 11 - Finally we'would note that in a case such as this, even if on the evidence before us a Criminal Court would be satisfied beyond a reasonable doubt that Mr. Hogan was guilty of theft, the-sanction it would likely impose, re- flecting again a rehabilitative theme would be in the nature of a fine of no more than $100 and indeed in Mr. Hogan's case quite probably a con- ditional discharge. It is true as we have noted that the context in which the qriewr's misconduct arises before us differs from that obtaining in a criminal Court. Nevertheless, we believe that both the substantive provisions of the Criminal Code, R.S.C. 1970, c.C-34, itself as well as the sanctions ultimtely imposed by the Courts in. cases of theft of property havinq,nominal value may be taken as reflecting the degree of social concern perceived by our legislators for such transqressions. Although not condoning the transgression of the accepted norms of society, the criminal law, properly we believe, recoqnizes the relatively minor societal concern with such offences. In part this may be attributed to the nominal value of the property stolen and in part it may reflect the Legislature's recognition of the frequency and almost universality that such petty pilfering is practised at all levels on the employment ladder by employees who misappropriate for their own use incidental office and employment supplies they daily require in their work functions. (For a discussion of the extent to which employees at all levels engage in such petty theft, and the reasons for this phenomenon, reference may be had to: N. J&span "White Collar Crime Increasing", C.C.M. Canadian Ltd., Canadian Industrial Relations and Personnel Development pp.503-4 (January, 1975); .. see also Bureau of National Affairs, Bulletin to Management August 15, 1974, and April 18, 1974.) Although we do not condone such misconduct, nor would we argue that such conduct has assumed the status of an expected and tolerated norm, never- theless in the-face of the criminal law response to such misconduct we would find it hypocritical for us to conclude that for such an offence this employee must be characterized asbeing so untrust- worthy that his employer is,,justified in terminating his employment. In sum, when viewed against the criminal sanctions for the same misconduct, reflecting as -t'hey do society's mores, we cannot - 12 - subscribe to the jargon of axiom and uphold the discharge of an employee who on one occasion misappropriates some property of nominal value to his own use. Such a sanction in a case such as this, qiven the age of the qrievor and the prevailing conditions of the employment nnrket, would be simply out of all proportion to and fly in the face of the consequences generally recognized as appropriate by society at large. In short, we cannot subscribe either to the reasoning or conclusions that are described in Polymer Corp. Ltd. and Spruce Falls Power and Paper Co. Ltd. noted above. See Re' Toronto East General Hospital (1975) 9 Z.A.C. (2d) 311, 321-323. ..- Applied to the circumstances of the grievances before us, such reasoning would also strongly induce this Board to ameliorate the penalty imposed. Very simply and against the employment record of these grievors, we simply do not believe.it reasonable or proper to assume that by a single act of indiscretion these two persons are incapable of responding to some lesser form of discipline and of rehabilitating themselves so as to conform to the accepted norms of the employment relationship. Such an assumption has, as noted above, no basis in law, logic or equity. Indeed, such a characterization of these grievors would offend against and not permit of any correctional purpose to the system of industrial discipline. Moreover it is our belief, when one considers their behaviour imnediately following the incident in question, in which .~., they cooperated with the,police, and apologized to both Mr. O'Neill and their employer, that it is manifest that both employees do recognize the~.impropriety and serious deficiency of their behaviour. .: - 13 - Indeed it is precisely in such circumstances, where employees have immediately tendered their apologies for their misconduct, that arbitrators have generally assumed that by recognizing the im- propriety of their behaviour'such persons are, by definition, more likely to be capable of responding to corrective disciplinary sanctions and of regaining the trust and confidence of their employer, their fellow employees and the public. Re Libby, McNeil & Libby of Canada Ltd. (1974) 7 L.A.C. (2d) 69(Hinnegan);- Rep Canadian Carborundum (1973.) 5 L.A.C. (2d) 29 (Arthurs); Re Ford Motor Co. of Canada Ltd.(1973), 3 L.A.C. (2d) 166 (Weatherill); Re Steel Equipment Co. Ltd. (supra); See also Re Welmet Industries Ltd. (1974), 8 L.A.C. (2d) 219 (O'Shea). - For its part, and while it did not seriously dispute the presence of the mitigating factors described above, the employer argued that by their actions, these employees had so misconducted themselves that it would be injurious to the interests of the Ministry to retain them, that they had acted in a manner which was incompatible with the due ,and faithful discharge of their duty, and that their conduct was entirely prejudical to the interest and reputation of the employer. Re Beatty Brothers Ltd.(1953) 4 L.A.C. 1477 (Fuller). Indeed it was the Ministry's position that especially in the case of a public employer whose image, reputation and integrity with the public must be scrupulously safeguarded, employees must be particularly vigilant in ensuring that interest is not undermined.. Re Metro Toronto Housing Authority (1964) 14 L.A.C. 254 (Cross); - 14 - Re Chatham~ Memorial Community Centre Coronission (1962) 13 L.A.C. 166 (Cross); Re Public Utilities Conmission, Sandwich East (1962) 13 L.A.C. 18 (Lane); See also Re Canadian Broadcasting Corp. (1973) 4 L.A.C. (2d ) 263 (Shime). Essentially it was the Ministry's position. that by their conduct they had so fundamentally breached the delicate balance of mutual trust and responsibility that is integral to the employment relationship, had so undermined and jeopardized .the public confidence in the integrity and reputation of the employer, that they had demonstrated, in the language of the earlier awards, their incompatibility to continue the relation- ship of employer and employee. Put succinctly, it was the employer's position ~that in such circumstances the rehabilitation and correction of the employee must give way to the more compelling and overriding interest of the employer to maintain its integrity and reputation with the public. .I In assessing and attempting to balance the competing interests of the employer and employee we would begin by referring the parties to the remarks of this Board in Re Haight 23/75 where another panel of'this Board.wrote: (pp.8-9),- Against th3se considerations ixzwever one can not but be impressed with the real and legitimete concerns of the employer in ensuring that its employees, par- ticularly those such as the grievor.wbo work with a minimal amount of supervision, do not assume that such behaviour will be tolerated. To the contrary the type of misconduct engaged in by the griever cuts at the roots of the employm@nt relationship. Without a - 15 - mutual feeling of trust and confidence between employer,and employee it would simply be impossible ever to construct a healthy and viable employment relationship. It is for that reason we believe that arbitrators have uniformly castigated such dishonest conduct. In the words of one board: Arbitrators are not equating the role of a plant to that of a church. Rather, they are insuring that the role of the plant will not evolve into a role resembling that of a penal institution. Re: Phillips .Cable Ltd. (1974) 6 L.A.C. (2d) 38 (Adams) Necessarily then we believe that the employer has a real and legitimate interest, when considering the appropriate sanction to be imposed for the type of serious misconduct engaged in by Mr. Haight, to weigh the deterrent effect its action will have on other members of the work force. AS we have noted it is not only proper but we believe imperative that the employer be constantly vigilant in en- suring that its employees understand that such grave misconduct can not and will not be tolerated. This it can do only by meting out the mDst serious sanctions available to it whenever such bebaviour manifests itself. Thus by and even conceding the principles enunciated in the Re: Toronto East General Hospital Inc. (supra) award and the mitigating factors that are present in Mr. Raight's case, we are of the viewthat his conduct in the spring of 1975 must be treated in the most serious and profound terms. Moreover we concur in the employer's remarks that the reasoning that is set out in the Re Maw l/75, & Re Haight 23/75 awards does not and can not support the proposition that every employee is entitled to commit a first offence without fear of dismissal. To the contrary and again as the employer properly argued,one must weigh and assess, on the particular facts of each case, the prejudice and harm that has been occasioned to the employer's business, reputation, integrity - 16 - and other legitimate interests against the claims of the employee that on the criteria and principles described above, he is capable of reforming his behaviour, of fully and satisfactorily discharging his employment responsibilities in the future, and of regaining the trust and confidence of his employer, his fellow employees and the public. However in the application of that analysis to the circumstances of this case, we differ with the employer that the discharge of these grievors is the only appropriate sanction. To the contrary and while we share its perceptionof the gravity of the grievor's behaviour, for the reasons we noted earlier in our award we are of the view that these two employees are cognizant of the gravity of their misconduct, are capable of responding to some lesser sanction, of reforming their behaviour, and of regaining the trust of the employer and the public. In short, and on the evidence described we are satisfied that they are anxious and capable of becoming once agAin the producti~ve and responsible employees. that, but for this incident, they have always been. Nor do we.believe that in substituting some lesser penalty that the legitimate interests of the employer will be materially prejudiced. To the public and the other employees then employer has unequivocally and forcefully brought home its message that it will not tolerate such behavibur. As well, this Board has both in this award and in the Re Haight 22/75 decision indicated that i shares that perception and supports, as a general proposition, t - 17 - that such misconduct must be treated in the most serious and profound terms. Indeed it is only because, as described in the Re Toronto East General Hospital award (supra) we believe, on the basis of the particular criteria noted in the Re Steel Equipment award (supra), that the grievors can respond to corrective discipline and rehabilitate and reform themselves, that we have determined to substitute some lesser penalty. Moreover if we are wrong in our prognostication as to the future prospects of these employees, neither they nor this Board can have any doubt or illusion as to the likely or appropriate response that would be forthcoming from the employer. In short, and against the eouivocal nature of the incident of April 2, 1976, their employment record, .and their genuine contrition for that incident we do not believe that there is any rationale for or fairness in upholding the termination of these two employees. In assessing what penalty is, in the particular circumstances of this case, most just and reasonable, we are guided by the principles of correction and individualization described above. Put somewhat differently we believe that the system of industrial discipline has as its primary functions the reformation of the offender and the deterrence,of similar misconduct in the future. As to the former, it is manifest that discharge of the grievors can not in any way serve the ~goal of reformation or rehabilitation., As noted by one board of arbitration, a dismissed employee "So far - 18 - as the Company is concerned...has ceased to exist". Re Canadian Carborundum (1974) 5 L.A.C. (Zd) 29 (Arthurs). As well, we are of the view that a period of lengthy supervision, involving a loss of compensation far in excess of any sanction that would be imposed by a' criminal court in similar circumstances, will adequately serve the deterrent function. Quite apart from our belief that these two grievors genuinely want to prove themselves to be then productive and valuable employees their record reveals them to have been, we are satisfied that, with the foreknowledge of what their fate will likely~be in the event that there was~ever a recurrence of the type of behaviour which precipitated this grievance, they will be deterred from ever allowing that eventuality to transpire. As well . and with respect to other employees who might contemplate similar activities in the future, we believe that a prolonged suspension, in the face of the compelling mitigating circumstances of this particular case, should forewarn them of the approbation with which this Board perceives dishonest behaviour. Put somewhat differently, and as we noted earlier in, this award, it is only because of the unequivocal nature of the mitigating circumstances surrounding this case that .the dismissal of these employees was not sustained. Put succinctly, such persons would, at their peril, construe this award~as sanctioning every initial act of dishonesty. In the result to impress upon the grievors the seriousness with which this Board regards their behaviour even in the presence of the mitigating factors noted above and as importantly in order - 19 - to deter others from contemplating the coarnission of similar activities in the future, we would order the grievors to be suspended for a period of four months without pay and without the accumulation of any service or other credits. In the result the grievors are to be reinstated to theirposition in the classification of Assessor 3 as of August 6, 1976 with compensation and service credits to accrue as of that date. Necessarily and from that compensation must be deducted any monies they received since that date which, but for their dismissal, they would not have received. :In the unlikely event the parties should encounter any difficulties in the implementation of this award we shall remain seised of this matter for thirty days following upon the release of this award. Dated at Toronto this 16th day of November 1976. D. M:Beatty, Chairman I concur E. J. Orsini, Member I ConcuT P. A. Sigurdson Member --