
Full Text
2007 PSLRB 37
Before: Jean-Pierre Tessier
Decision Rendered: April 19, 2007
Original Language: French
Disciplinary action – Suspension (three days) – Refusal to comply with an employer directive – Use of the employer’s fax machine for union business
The grievor was disciplined with a three-day suspension for having used the employer’s equipment to transmit a message to an employee despite a prohibition on such use – the grievor’s intent was to distribute a petition by email in support of Local 10405’s withdrawal from the CEIU’s regional structure – the employer denied the grievor’s request on the grounds that it was inappropriate to use its communications system to deal with matters related to the union’s internal structure – the grievor nonetheless faxed a copy of the petition to a colleague at the Gatineau office, who posted it in the workplace – the adjudicator, after recognizing the legitimacy of the employer’s directive and finding fault with the grievor’s lack of cooperation in clarifying the facts of the case, took into account the minor nature of the offence of faxing a petition and, furthermore, of having done so on only one occasion – he reduced the suspension to one day.
Grievance allowed in part.