‘Creative’ discipline not related to offenceThe employer had sufficient grounds to terminate the grievor, who had been careless and damaged company property. However, in cutting him a break, they fashioned discipline that was not reasonably related to his offence. The arbitrator varied the penalty to make it more appropriate.By Mark Rogers09/12/2011|Canadian Labour Reporter|Last Updated: 09/12/2011 After crashing a subway train through a garage door at the maintenance yard, a transit worker was suspended for five days, demoted and banned from driving any company vehicles for five years. The union grieved, arguing the driving ban was excessively punitive.A Carhouse Operator for a municipal transit authority, L.C. had about five years’ service with the employer when he drove a train through a closed garage door. He also had three suspensions and two warnings on his file over the previous two-year period.The infractions included a signal violation for which he received a five-day suspension and two incidents involving careless operation of a subway train. Equipment was damaged in one of the latter incidents. To Read the Full Story, Subscribe or Sign In Remember Me Forgot Password If you are a current Subscriber, please click here to set-up or update your login information.