CRNSOA v CNL – Unjust Discipline Grievance

OPSEU 5114 and The Hospital for Sick Children (SickKids)
January 11, 2021
OPSEU Local 101 v Windsor Regional Hospital – Schedule Change Grievance
April 28, 2021

In this Award of Arbitrator Elaine Newman, the Chalk River Nuclear Security Officers’ Association (“the Union”) grieved the imposition of unjust discipline by Canadian Nuclear Laboratories (“the Employer”).

The Employer disciplined the Grievor for two allegations of harassment and an allegation of dishonesty during a workplace investigation. The Grievor was suspended for 132 hours equaling nearly a month’s work. The Union denied that the Grievor was dishonest and/or engaged in harassment, and argued in the alternative that the penalty imposed was too harsh.

The Arbitrator found that the two grounds of harassment relied upon by the Employer were unsupported, but did find that the Grievorwas dishonest during the investigation of the Employer. In the result, the Arbitrator allowed the grievance and substituted the “extreme” penalty of 132 hours with a penalty of three twelve-hour shifts for a total of 36 hours.