Connors Brothers Ltd v Energy & Chemical Workers Union, Local 44
Suspension, Discharge, Medical Certificate, Threat, Discrimination, Insubordinate
The arbitration concerned two separate grievances, one regarding a suspension, the other regarding a discharge. The Grievor's prior disciplinary record consisted of a warning letter re overstaying of breaks. The suspension incident arose out of the Grievor's insistence on one particular occasion that she would perform only one of the assigned tasks. For the next few days the Grievor was not called in to work. The Grievor claimed that this was an unjust suspension. The Grievor produced a medical certificate to show that the problem was a medical one, but the Company was not informed of the medical problem until several days after the refusal. The discharge incident began when the chargehand admonished the Grievor for using a telephone without permission. The Grievor responded by swearing at and threatening the chargehand. The Arbitrator concluded that the Grievor had no intention of carrying out the threats, and that the Employer had also assumed this. The Union alleged discrimination against the Grievor.
Connors Brothers Ltd v Energy & Chemical Workers Union, Local 44 (1982), 1982 CanLII 4371 (NSLA) (Arbitrator: Innis Christie).