HomeMy WebLinkAbout1978-0167.Stelmakovich.79-05-03Between:
Before:
For the Grievor:
For the Employer:
Hearing:
IN THE MATTER OF AN ARBITRATION
Under The
CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
Mr. Irving Stelmakovich
And
(Grievor)
The Ontario Housing Corporation
Ministry of Health (Employer)
Mr. G. W. Adams Chairman
Mr. G. Peckham Member
Mr. R. Cochrane Member
Mr. P. J. O'Keeffe, Assistant
Regional Director, CUPE
Suite 501, 212 King St. West
Toronto, Ontario
Mr. A. P. Tarasuk
Central Ontario Industrial Relations
Institute, Suite 200
85 Richmond St. West
Toronto, Ontario
February 9th, 1979
Suite 2100, 180 Dundas St. West
Toronto, Ontario
-, 2-
In this case the grievor contests his permanent demotion from
I maintenance repairman, in which position he was paid $6.&an hour, tom-
the job of groundsman - labourer paid at a rate of $6.1~1. The details
of the culminating incident are not in dispute. The grievor was called
out to attend to certain repairs at one of the housing,locations and,
for a few minutes, left his vehicle unlocked. As a result of this
act of momentary carelessness, hisitool pouch and a set of keys were
stolen.from the trunk. The value involved in this theft and its
consequence were not great. However, in 1978 the grievor received a
six week suspension for unauthorized entry into a tenant unit and for
removing various articles from that unit which were neither the property I
of himself or of the Housing Authority. The latest incident was there-
fore the proverbial straw that broke the camel's back.
We have reviewed all the evidence and the submissions of the
parties and have come to the conclusion that the penalty of a permanent
demotion is too severe in the circystances. The latest incident is
not of the same quality or kind as,the preceding situation and provides
an insufficient basis for a conclusion that the grievor has not learned
from the earlier penalty. The, grievor is to be returned to his position
of maintenance repairmanand is toibe compensated for. any difference
in wages caused by the demotion commencing January 1, 1979.
Dated at Toronto this 3rd
Mr. G. W. Adams Chairman
I I concur
/ Mr. G. Peckham Member
I concur
: Mr. R. Cochrane Member