FPSLREB Decisions

Financial penalty ($1000) - Insubordination - Withdrawal of service during a lawful strike - Designated position - Correctional officer - Compensation - Jurisdiction - grievor was a correctional officer at the CX-1 level - she was filling an acting assignment in a position at the CX-2 level - that position had been designated pursuant to the Public Service Staff Relations Act - during a lawful strike, the grievor was at her post, with two fellow correctional officers, when management provided them with notices ordering them not to leave the institution premises - the notice the grievor received was not addressed to her, but to another correctional officer - she did not bring this to management's attention - at the end of her shift, she left the worksite and went home - she came back to the institution in time for her next shift, but was delayed for one hour at the picket line - employer terminated the grievor's employment - grievor grieved the termination of her employment - at the final level of the grievance process, the employer substituted the termination of employment for a $1000 financial penalty and reinstated the grievor into her position at the CX-1 level - grievor filed a second grievance, requesting reinstatement in her acting assignment at the CX-2 level and to be made whole at that level - employer objected to the adjudicator's jurisdiction to hear the second grievance - adjudicator found that the grievance was broad enough to allow her to address the full extent of the compensation issue - employer argued that the grievor knew, or ought to have known, that she was under a direct order not to leave the institution premises - grievor replied that she had received no such direct order - she added that she had to attend to her dogs and that she was available for her next scheduled shift, which she worked - adjudicator found that the grievor was under no direct order not to leave the institution premises - she found however that the grievor's failure to clarify her status with management before leaving the worksite warranted discipline - in the circumstances of the case, the adjudicator found that a written reprimand was a more appropriate response to the grievor's misconduct and substituted it for the $1000 financial penalty - adjudicator also ordered the employer to make the grievor whole in her status as an acting correctional officer at the CX-2 level. Grievance allowed, in part. Case cited: Martini (166-2-22507).