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Grievance dismissed; arbitrator lacked jurisdiction to substitute penalty for termination under Last Chance Agreement.
The grievor was terminated for cause following a workplace altercation over a tray of desserts, which the employer alleged violated her Last Chance Agreement (LCA).
The union grieved the termination, arguing the incident was minor and the penalty excessive.
The arbitrator found that the grievor engaged in misconduct by arguing loudly with a co-worker and ignoring a supervisor's directive to stop, violating the employer's Standards of Conduct.
Because the LCA explicitly stipulated termination as the specific penalty for any policy violation, the arbitrator held she had no jurisdiction under the Labour Relations Act to substitute a lesser penalty.
The grievance was dismissed.
