SPEA and Candu - Termination Grievances

Summary

Two employees were discharged for sending internal company documentation to their union representative via email. The company alleged that the attachments to the email included confidential and proprietary that employees ought to have requested authorization before sending to their union representative. The Arbitrator granted the grievance and reduced the discipline a written warning. The Arbitrator concluded that the union presented evidence that the company had condoned employees sharing information directly with the union for many years and the company had failed to take this in account when assessing level of discipline in relation to the two employees. The arbitrator further concluded that the company had essentially predetermined that it would terminate the employees and failed to consider any other relevant factors when assessing the appropriate level of discipline.

SPEACanduCHCH040826FD

All Recent Decisions