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IN THE MATTER OF A REGULAR ARBITRATION

BETWEEN:                                                   CANADA POST CORPORATION

                                                                        (hereinafter called the "Corporation")

AND:                                                               CANADIAN UNION OF POSTAL WORKERS

                                                                        (hereinafter called the "Union")

AND IN THE MATTER OF A CERTAIN GRIEVANCE OF PAUL GALLO, GRIEVANCE

#602-92-02137,

SOLE ARBITRATOR:                                   J.D. O'SHEA, Q.C.

APPEARANCES FOR THE CORPORATION:           KATHERINE LEE

                                                                                          DIANE BIGGS

                                                                                          PETER BRENNAN

APPEARANCES FOR THE UNION:                            MARY DONNELLY

                                                                                          BOB IRWIN

                                                                                          KIRK MIDDLETON

                                                                                          MICHAEL DUQUETTE

A HEARING WAS HELD IN THIS MATTER AT SCARBOROUGH ON FEBRUARY 8th, 1994.

AWARD

This is a regular arbitration processed pursuant to the Provisions of Article 9.26(5) of the Collective Agreement.

I find on the evidence before me that the grievor was engaged in a discussion with Mr. Stephen, his Supervisor, about family problems when another Supervisor, Mr. Pierce intervened and directed the grievor to return to work. The grievor attempted to explain that he was discussing a matter with Mr. Stephen however Mr. Pierce again ordered him to return to work.

I further find that Mr. Pierce precipitated the blow-up by the grievor by un-fairly and unreasonably interrupting his discussions with Mr. Stephen.

I accordingly find that this provocation by Mr. Pierce tends to mitigate the seriousness of the grievor's offence.

I therefore award and direct that the emergency suspension of August 18th, 1993 remain on the grievor's file however I further award and direct that the indefinite suspension from August 19th to August 23rd.1993 be rescinded and be replaced with a letter of warning.

I further award and direct that the Corporation reimburse the grievor for the three days wages he lost by reason of the indefinite suspension, together with interest at the prevailing rate.

2

Should the parties experience any difficulty implementing this award a further hearing will be convened at the request of either party for the purpose of resolving such difficulty.

DATED AT OAKVILLE THIS 14th DAY OF FEBRUARY, 1994.

J.D. O’SHEA, Q.C.

SOLE ARBITRATOR

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