Assault, Discharge, Just Cause, Dismissal, Evidence
The grievor contested with another employee which of them was to do certain work, which led to the grievor's assaulting the other employee. The company discharged the grievor, thus bringing about the present arbitration, the sole issue being whether, in view of the grievor's record, his participation in the fight constituted just cause for his dismissal. There was no direct evidence that the grievor had in fact started the fight and his discharge seems to have resulted from an alleged agreement between the union and company to discharge the employee who seemed to have started the fight. The sole arbitrator held, this agreement could not be employed to unequivocally lay responsibility on the grievor. In view of his good record, the lack of evidence presented at the hearing and the fact that the company's operations were not interfered with at all, the arbitrator ordered a two-week suspension in lieu of discharge.
Re United Automobile Workers, Local 195, and East Side Plating Co Ltd, Windsor Bumper Co Ltd and East Side Stamping Co Ltd (1969), 20 LAC 23, 1969 CanLII 1513 (Can LA) (Arbitrator: Innis Christie).