‘Creative’ discipline not related to offence

The 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 Rogers
|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.