FPSLREB Decisions
Decision Information
Discipline - Burden of proof - at the beginning of the hearing, the employer announced that it would adduce no evidence in support of the discipline imposed on the grievor - the adjudicator therefore allowed the grievances. Grievances allowed.
Decision Content
Files: 166-2-27272 and 27273 Public Service Staff Before the Public Service Relations Act Staff Relations Board BETWEEN DAVID SHAW Grievor and TREASURY BOARD (National Revenue - Customs & Excise Canada)
Employer
Before: Donald MacLean, Adjudicator and Board Member For the Grievor: Michael Tynes, Public Service Alliance of Canada For the Employer: Jock Climie, Counsel Heard at Sydney, Nova Scotia, May 6, 1998
DECISION These grievances were referred to adjudication on May 17, 1996. The bargaining agent initially proposed that they be dealt with through the expedited process. However, this did not occur. After a few requests for postponement, the parties finally agreed to have the grievances heard in May 1998.
At the beginning of the hearing in these cases counsel for the employer announced that the employer would not present any evidence to substantiate its decisions to impose discipline in these matters.
Accordingly, I hereby allow these grievances. I order the employer to remove all references to such discipline, and incidents from which it arose, from the grievor's file. I also order the employer to reinstate to Mr. Shaw any pay and benefits that the employer withheld from the grievor as a result of the employer's actions in May 1995, when it suspended him for two days, and three days respectively.
In the result, I allow these grievances in the terms noted in the preceding paragraph.
Donald MacLean, Adjudicator and Board Member
MONCTON, December 14, 1998.