2 total
Grievance dismissed; leaving work early due to illness is not an authorized leave under last chance agreement.
The grievor was terminated for breaching a last chance agreement that required him not to exceed 10 days of absence per calendar year.
The union argued that a half-day absence when the grievor left work early due to illness should be considered an 'authorized leave of absence' and not count towards the 10-day limit.
The arbitrator held that leaving work early due to illness does not constitute an authorized leave under the agreement.
The arbitrator found the grievor breached the substantive condition of the agreement and declined to exercise the limited jurisdiction to substitute a lesser penalty, noting the infraction was not very minor.
Board rules multiple related grievances to be heard seriatim and orders preliminary determination on triggering event.
In a discharge grievance, the parties disagreed on two procedural issues regarding how the hearing should proceed, given several outstanding disciplinary grievances.
The union argued the grievances should be heard seriatim to avoid confusion, while the employer argued they should be heard together for efficiency.
The Vice Chair ruled that the balance of convenience favoured hearing the grievances seriatim.
On the second issue, the union proposed that the Board first determine whether there was a triggering culpable event justifying the discharge before hearing the full merits.
The Vice Chair agreed, ruling that the Board would initially hear evidence and argument on the sole issue of whether a triggering culpable event was required and existed.
