Interpretation – Representation – Disciplinary investigation – Veterinary Medicine Group bargaining unit

The grievor was competing for a promotion – he used the Internet during a closed-book examination without telling the invigilator – the employer called the grievor to a meeting to discuss what happened – the grievor alleged that the employer denied him the representation of his bargaining agent at that meeting, contrary to the collective agreement – the adjudicator found that the meeting was administrative in nature, and that it was called to obtain information from the grievor as part of the investigation – the collective agreement does not provide for representational rights during a disciplinary investigation.

Grievance denied.

Suspension (15 days) – Staffing action – Closed-book examination – Unauthorized use of the Internet – Credibility

The grievor was competing for a promotion – he used the Internet during a closed-book examination without telling the invigilator – the employer suspended him without pay for 15 days – the adjudicator found that the Internet is an external aid that is no different than a briefcase full of books – he found that the grievor’s explanation to justify his use of the Internet was implausible – the adjudicator concluded that the grievor had deliberately used the Internet without telling the invigilator and with a the knowledge that this would give him an advantage over the other candidates – the 15-day suspension was reasonable in the circumstances.

Grievance denied.