Suspension For Bathroom Visit Dropped At Arbitration Hearing!

A two (2) day suspension that was imposed on a VMPP employee last fall met a  predictable end at arbitration. On September 27, 2004 an unexpected bathroom visit caused a VMPP P04 to arrive seven (7) minutes late to her work area at the commencement of her shift. Although the grievor had clocked in prior to her official start time, the circumstances that gave rise to her delay could not be ignored. Nonetheless, the seven (7) minute absence created a great deal of excitement for certain plant supervisors. As a result, a disciplinary interview was scheduled to discuss the grievor's "unauthorized absence" from her work area. During her interview, the grievor thoughtfully imparted the nature of her absence to her supervisors so that their concerns regarding her whereabouts would be alleviated. For reasons unknown, the grievor's explanations were determined to be an "excuse" for her "misconduct". On October 6, 2004, Canada Post issued a disciplinary letter that stated that the Corporation would not tolerate such "absences", or the grievor's "unsubstantiated rationale to engage in them". By way of that letter, Canada Post imposed a two (2) day suspension without pay. 

On April 5th, the parties put the matter before an arbitrator. While many plant supervisors discourage the use of the washroom, arbitrators do not accept that it is an act of misconduct to use the facilities when so required. In presenting its case, it was quite apparent that Canada Post was unable to produce any evidence with which to support its allegations of the grievor's misconduct. Unsurprisingly, the Corporation's Labour Relations representatives were encouraged by the arbitrator to reconsider the matter. With the benefit of that guidance, Canada Post announced that the discipline that gave rise to the grievance would be withdrawn. 

While the Union has successfully taken "bathroom suspensions" to arbitration in the past, this type of dispute is often resurrected because of the heavy-handed, mechanical approach that is practiced towards employees who are absent from the work floor, regardless of the urgency of their circumstances. 


BACK