HomeMy WebLinkAbout1976-0116.Campbell.77-09-29116/76
CROWN EMPLOYEES’ 416 964-6426
GRIEVANCE SETTLEMENT
BOARD ’
IN THE MATTER OF AN ARBITRATION
Under The
CRO!dN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
suite 405
77 Bloor Street Vest
TORONTO, Ontario
M5S lM2 ';
Between: Mr. C. D. Campbell
And
Ministry of Transportation and Communications
Before: D. M. Beatty - Chairman
G. Griffin - Member
I. Levack - Member
For the Grievor:
George Richards
Ontario Public Service Employees Union
For the Employer:
N. H. Pettifor
Staff Relations Supervisor
Personnel Branch
Ministry of Transportation and Communications
Hearinq:
May 9th, 1977
Suite 405, 77 Bloor St. W.
Toronto, Ontario
<* i
2.
Mr. C. Campbell was employed as a Highway Equipment
Operator 3 for the Ministry of Transportation and
Communications until September 20 1976. At that time he was'.
'\
terminated for having reported to work on September 17 1976
while under the influence of alcohol. Pointing to a uniform,
long standing and well known Ministerial policy to dismiss any
operator who so conducted himself, Mr. Pettifor for the employer,
claimed the termination of Mr. Campbell was for just and
reasonable cause.
After hearing the evidence of the.grievor and I+. Gordon
Patrick, who is presently in charge of the Government's Program
on Alcoholism, and after observing the grievor's attendance
record and his previous difficulties with alcohol, this Board
is entirely satisfied that Mr. Campbell suffers from the disease
of alcoholism. Moreover, and against that evidence we have.no
doubt but that the incident of September 17, 1976 was directly
attributable to the grievor's'sickness. SimpTy no evidence
which would challenge or rebut that conclusion was advanced before
this Board.
Seen in that context, the employer's decision, which was
made without the knowledge of the grievor's chronic condition,
is susceptible to an earlier analyses-as set out in me 27/76
Stewart; Re Moss 62/76; and Re 10/77 Thompson.
On that analyses
and against the evidence before us we would order the reinstatement
of IMr. Campbell to the position of Elanual \,iorker effective
3.
May 16, 1977. The conditions of reinstatement have been
satisfactorily agreed upon by the parties and the Eoard
commends them for their understanding and willingness to c
resolve this unfortunate matter.
Dated at Toronto this 29th day of September 1977.
0. 14. Beatty
Chairman
I concur
G. Griffin
Member
I concur
I. Levack
Member