GSB # 1391/99
OCC-398
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
United Steelworkers of America
(Khadr)
Grievor
- and -
The Crown in Right of Ontario
(Ottawa Congress Centre)
Employer
BEFORE Nimal V. Dissanayake Vice Chair
FOR THE Robert Henderson
GRIEVOR Union Representative
United Steelworkers of America
FOR THE Jacques A. Emond
EMPLOYER Counsel Emond, Harnden Barristers & Solicitors
HEARING April 13, 2000
DECISION
The board was seized with a grievance filed by Mr. Gamal Khadr wherein he alleges that he was discharged without cause.
The parties agreed to a mediation-arbitration process. Following discussions, the grievor provided to the employer the following "without prejudice" letter:
On May 29, 1999, J.P. Miner and I had a verbal argument while working in the corridor in front of the Housemen's office. I finished my shift shortly afterwards and was met by Miner outside near the parking lot. We resumed our argument, and it quickly became more heated than was the earlier exchange. At one point, a shoving match ensued and I responded by punching him. A full-blown fight then ensued.
At no time was it my intent to cause JP any injury, and I regret that such an injury may have occurred.
In the 8 (eight) years that I have worked at the Congress Centre, I have never before been involved in such an incident and I am confident that it will never happen again.
In view of the foregoing letter, and without admission of any liability on outstanding issues, the employer agreed to reinstate the grievor effective April 13, 2000. Upon his reinstatement, he will be placed on the part-time seniority list, ranked in the seventh position, and he would become eligible to accept work available on the schedule that will be posted on Tuesday April 18, 2000 for work commencing the week of April 23, 2000.
The employer is hereby ordered to reinstate the grievor on the terms agreed to and set out in the foregoing paragraph.
As a result, the issues still outstanding are as follows:
(a) Whether or not the grievance in question was untimely and if so, whether it rendered it inarbitrable, and/or limited the remedial entitlement of the grievor.
(2) If the grievance is arbitrable, whether the grievor engaged in culpable conduct as would constitute just cause for his suspension without pay for the period from the date of his discharge to the date of his reinstatement ordered herein, or whether I ought to substitute a lesser penalty.
As a result of the parties' agreement, the grievor has been reinstated. The only issue remaining outstanding, as far as the merits are concerned, is whether the whole period he was away from work between his discharge and his reinstatement is to be treated as a period of suspension without pay. If the discussions during the med-arb process does not result in the resolution of the outstanding issues, an arbitration hearing to determine those issues will commence on the next scheduled date.
Dated at Toronto, this 17th day of April 2000.