SUSPENSION REDUCED AT ARBITRATION!
On September 12, 2011, Arbitrator Robert Blasina reduced a five day suspension that was imposed on a Vancouver Mail Service Courier on the grounds of delay of mail. In the facts of the case, the Grievor inadvertently missed the delivery of a Priority Courier item while covering a schedule at the Vancouver Hub on May 14, 2010. At her subsequent disciplinary interview, the Grievor expressed her apology for the mishap. In his debut as an arbitration advocate, Vancouver Local Vice-President Kim Evans argued that Canada Post did not take into account all of the circumstances when imposing the suspension. Indeed, Arbitrator Blasina noted that Canada Post refused to take her apology into account as part of its decision-making process:
Returning to the “Discipline Guidelines”, it is noted that the Guidelines draw a distinction between willful and non-willful misconduct. Although the guidelines require consideration of the specific circumstances, it would appear that the Grievor got no credit for her apology and acceptance of responsibility. This was not seen as an ameliorating factor; and therefore, the Grievor was effectively disciplined to the equivalent of someone who showed no remorse. Accepting that the Grievor had been sincere, I would conclude that a suspension of five days amounted to an arbitrary application of the guidelines.
In the result, Arbitrator Blasina reduced the suspension to three days.
ARBITRATOR SUSTAINS SICK LEAVE GRIEVANCE
On August 3, 2011 Arbitrator Robert Blasina sustained a grievance that was filed after Canada Post insisted upon deducting sick leave credits from a New Westminster employee who was restricted to working six hours per day as part of her return to work program.
At arbitration, Canada Post claimed that the Grievor had not been engaged in a progressive reintegration to full-time hours. In her debut as an arbitration advocate, Royal City President Cindy McDonnell argued that Grievor had indeed been on a return to work program and that the Collective Agreement does not allow for any deductions in such circumstances. In his ruling, Arbitrator Blasina observed:
Article 20.10 (b) applies specifically to “progressive reintegration”. If the employee works for six or more hours, the employee is to be paid for eight, with no deduction of sick leave credits.
In the result, Arbitrator Blasina upheld the grievance and ordered Canada Post to reinstate the sick leave credits which it improperly deducted, contrary to Article 20.10 (b) of the Collective Agreement.
VANCOUVER LETTER CARRIER REINSTATED!
A Station D Letter Carrier has been reinstated to his employment as a result of arbitration. On July 29, 2009, Trevor Rees was discharged from his employment at Canada post on the grounds that he had abused his entitlement to sick leave by misrepresenting his ability to perform his duties. In her letter of discharge, former Station D Superintendent Heather Hogarth claimed that Rees committed “gross misconduct” by taking sick leave even though his absence from work was supported by a medical certificate from his physician.
At arbitration, Canada Post pulled out the fraud brush and argued that the Grievor had been untruthful and had manipulated his physicians in order to obtain leave. In response, the Union rejected the Corporation’s allegations of dishonesty and relied on the evidence of the physicians who certified the Grievor’s absence from work.
In his ruling Arbitrator Ready declined to second-guess the evidence of the Grievor’s physicians, who were called upon to appear at the hearing:
Ultimately, this case stands to be determined on the adequacy of the medical notes. Having found them sufficient for the circumstances of this case, I have determined that the grievance should be allowed.
In his award, Arbitrator Vince Ready ordered Canada Post to make the Grievor whole in all respects. As a result, the Grievor is now entitled to lost wages and benefits for the entire period of July 29, 2009 – June 28, 2011.
In solidarity,
Ken Mooney