FPSLREB Decisions

Suspensions without pay (disciplinary, 1 day and 3 days) - Policy against distributing disrespectful material - Application of the principles of progressive discipline and reasons for the disciplinary measures - the grievor challenged two disciplinary measures in the form of suspensions without pay imposed on her by the employer - one grievance challenged the suspension without pay for one day imposed on December 30, 1997 (166-2-29510), and the other grievance contested the suspension without pay for three days imposed on February 2, 1998 (166-2-29511) - in total, three disciplinary measures were imposed on the grievor on December 1, 1997, December 30, 1997, and February 2, 1998, for failing to adhere to the policy on distributing disrespectful material - the written reprimand issued on December 1, 1997, was not referred to adjudication because, under section 92(1) of the Act, a grievance in respect of disciplinary action not resulting in a suspension, financial penalty, dismissal or demotion may not be referred to adjudication - the adjudicator therefore had to consider the written reprimand imposed on the grievor on December 1, 1997, as warranted - moreover, the adjudicator considered that the circumstances surrounding the imposition of this disciplinary action continued to be relevant to the determination of the two grievances before him, specifically, the two suspensions without pay - the adjudicator determined that the evidence and arguments submitted by the parties with regard to the reprimand were relevant to the determination of the application of the principles of progressive discipline and to the reasons underlying the disciplinary measures of December 30, 1997, and February 2, 1998 - the adjudicator concluded that it was only after the grievor received the December 1, 1997 disciplinary measure that the employer could impose a disciplinary measure and according to the uncontradicted testimony of the grievor, the reprimand was given to her only after she had distributed the open letter of December 1, 1997 - the adjudicator found that the suspension without pay was excessive in the circumstances because, since management did not specify to the grievor until December 30, 1997, that the distribution "of documents in the workplace" required advance permission, the disciplinary measure could not be fairly based on action of this nature prior to that date - the adjudicator commented that the employer may reinstate its policy of requiring advance approval but it must give employees clear notice in writing of its intention to ensure that it is properly understood by affected employees - the adjudicator concluded that the disciplinary measure of suspension without pay could not be imposed on the grievor when the employer did not inform her until after the fact of its intention to implement its policy in future. Grievances allowed. Case cited: Public Service Alliance of Canada v. Treasury Board (Employment and Immigration Canada) (169-2-508).