Denial of representation does not void discipline

The grievors had been suspended with pay without being given the option of having a steward present. The arbitrator found the claim that discipline imposed without the presence of a steward was void to be 'bizarre,' but did reduce the penalty.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 05/28/2012

Two Personal Support Workers (PSW) employed at a long-term care facility were terminated following allegations they had abused a resident.

The union grieved, disputing the substance of the charges and alleging the employer’s failure to observe the workers’ contractual rights to union representation rendered the discipline void.

G.T. and P.W. had about 10 years’ experience. Neither worker had any discipline on their record. Both were well regarded by their co-workers.