Job Title - Punch Press Operator
Rate of Pay - $17.45/hr
Seniority - 46 Days
Discipline Record - Clear
Nature of Grievance - Improper discharge
Remedy sought - Reinstatement with full recovery of all monetary losses.
The Company Employs 70 workers at its metal fabricating shop.
The Collective Agreement provides that -
On Day number 44 of the grievor's probation, the foreman went to him and told him he just wasn't working out and his employment was being terminated immediately..9:02 Seniority of each employee covered by this Agreement shall be established after a
probationary period of forty-five (45) working days during a six (6) month period. The
probationary period for all new employees shall be forty-five (45) working days, the
employee's date of hire will be considered his/her seniority date.
9:03 Employees shall be regarded as probationary employees until they have acquired
seniority as above provided. Probationary employees shall not be entitled to seniority rights and shall be subject, to termination at any time during their probationary period. Such discharge shall not be subject to the grievance provisions of this agreement
The Union argued that the employee had already completed his probation and had, in fact, worked 46 days. The Union made this calculation by counting two Saturday mornings the employee had come in to work overtime.
The Union further argued that, as the grievor was no longer a probationary employee, the Company could only discharge him for just cause and the employer had failed to show just cause.
The parties were unable to resolve the grievance and it was advanced to Arbitration. Does the grievance succeed?