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IN THE MATTER OF AN ARBITRATION

HEARINGS HELD AT TORONTO, ONTARIO,

ON JUNE 16 AND 17,1994

BETWEEN:

CANADA POST CORPORATION

                                                                                                                                    Corporation

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CANADIAN UNION OF POSTAL WORKERS

                                                                                                                                    Union

AND IN THE MATTER OF A SERIES OF GRIEVANCES UNDER THE

REGULAR ARBITRATION PROCEDURE

ARBITRATOR

P. JOHN BRUNNER

APPEARANCES

FOR THE CORPORATION                                                 DIANE BIGGS,

                                                                                                KATHERINE IVAN AND

                                                                                                KATHERINE LEE

FOR THE UNION                                                                  MARY DONNELLY,

                                                                                                KIRK MIDDLETON AND

                                                                                                BOB IRWIN

AWARD

            Pursuant to Article 9.32(5) of the collective agreement, I conducted hearings at the City of Toronto, Ontario, on June 16 and 17, 1994, in order to hear and determine a series of grievances under the regular arbitration procedure.

            At the conclusion of the argument on each grievance, I delivered oral reasons, giving a brief resume as required by Article 9.32(5)(r) of the collective agreement.  I now hereby confirm my conclusions.

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In the Matter of the Grievance of G. Miller - No. 602-92-02378

            This is a grievance by Gary Miller, a letter carrier who has been employed with the Corporation for approximately 18 years alleging that two five day suspensions dated October 20 and 29, 1993, respectively, were imposed without just, reasonable and sufficient cause.  The evidence indicates that on August 4, 5 and 10, 1993, Miller committed an act of misconduct by delaying mail and in fact mishandling priority courier mail and registered mail items.  In the event, on August 26, 1993, he was issued a five day suspension.  It was indicated at the time that the suspension would be delayed and served between February 21 and 25, 1994, but only if he committed another act of misconduct between August 26, 1993 and February 21, 1994.  On October 19, 1993, he was involved in other activities which were of the same nature and involved delay of mail.  The evidence indicates that mail was found during his satchel check on October 19, 1993, and in addition he failed to secure the corporate keys to his belt loop which were attached to his satchel on the same day.  In the result, an interview was held on October 26, 1993, and on October 29, 1993, he was issued a five day suspension.  On the same day, he was advised that the delayed suspension resulting from the incident report of August 23, 1993, would also have to now be served.  In the result, he is now in the position where he has been given two five day suspensions flowing from two separate incidents.

            Despite the able argument of counsel for the Union, I am unable to find any mitigating factors in this case which would warrant my interfering with the penalty that was imposed.  Miller was told in quite clear language that he would have to serve the five day suspension if there were further acts of misconduct.  There was no grievance against this penalty.  Then on

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October 19, 1993, this is precisely what happened.  In my opinion, the circumstances do not call for an amelioration of the penalty.  The grievance is dismissed.

            DATED AT TORONTO this 21, day of June, 1994.

                                                P. JOHN BRUNNER, ARBITRATOR

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