The applicant union referred a grievance to the Board alleging that the grievor was unjustly suspended and discharged by the respondent employer.
The grievor was discharged following two incidents of insubordination and violence towards a general foreman, including pushing the foreman to the floor and throwing a hard hat at him.
The grievor alleged the foreman had provoked him with a racial slur, but the Board rejected this evidence based on credibility findings.
The Board found that the respondent had just cause for discharge given the seriousness of the assault, the grievor's short employment record, and his lack of remorse.
The Board declined to substitute a lesser penalty and dismissed the grievance.
