DESPITE THE LACK OF WRITTEN NOTICE, A ONE-DAY SUSPENSION FOR SMOKING WAS APPROPRIATE

Release date: April 10, 2008

DESPITE THE LACK OF WRITTEN NOTICE, A ONE-DAY SUSPENSION FOR SMOKING WAS APPROPRIATE

The employee contested his one-day suspension for smoking in the building, in violation of a well-known company policy. The employee had already been verbally warned on five different occasions to comply with the policy. The union alleged that the employer should have provided the employee with a written notice. Pursuant to the collective agreement, verbal warnings do not constitute disciplinary measures; however, the tribunal acknowledged that these warnings may be submitted as evidence of the circumstances under which the incidents giving rise to the contested measure occurred. According to the arbitrator, a one-day suspension was appropriate, since smoking in the workplace constitutes a violation not only of company policy, but also of the law. Moreover, it was the employee’s sixth violation of said law. The employer is not obliged to wait until it is given a fine before taking action. The grievance was rejected. United Steel Workers of America, local 6887 and Xstrata, CCR Refinery (Daniel Coderre) , DTE 2007T-254 (A.T.) Nathalie Faucher, Attorney

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