Document Type

Arbitration Decision

Publication Date



Unjust, Discharge, Reinstatement, Report, Discipline, Warning, Record


The Grievor claims that he was unjustly discharged, and seeks reinstatement with full compensation for lost pay and benefits. The Employer discharged the Grievor for failure to report to work or to call in, together with his history of failing to report to work. The issues are whether the Grievor's actions justified discipline, whether it was a culminating event, and what discipline, if any, should be substituted. The Union argues that the Collective Agreement stipulates circumstances under which an employee's disciplinary record becomes clean in Article 24 J, and that this is such a case, resulting in the Employer's inability to use the prior incidents that it cites. The Employer argues that a verbal warning was given in 1998, which kept alive the previous incidents mentioned.