Arbitrator Reinstates New Westminster Letter Carrier!

A New Westminster temporary employee has been reinstated to his employment as a result of an arbitration award dated June 28, 2010. On May 21, 2009, Kerry Stidolph was discharged from Canada Post on the grounds that he had committed “gross misconducts”. At issue were a number of parcels that he had carded rather than deliver based on his understanding that the parcels were to be delivered by a driver. From the outset, the Grievor informed Canada Post that he had made an error in judgment and had felt that the items were over-sized. Nonetheless, Canada Post pursued discharge based on the recommendation of Superintendent Norm Hebert.

At arbitration, the Corporation resorted to mud-flinging; Canada Post’s legal counsel claimed that the Grievor was cavalier, sarcastic, unreliable, dishonest and untruthful, and had deliberately chosen to delay the mail. In response, the Union argued that the Grievor was guilty of nothing more than a judgment error for which he took full responsibility.

In his award, Arbitrator Vince Ready rejected the Corporation’s arguments:

…I cannot conclude that what occurred on April 27, 2009 amounts to the kind of dishonest or intentional delay of mail that attracts immediate discharge as in the cases cited by the Employer…

In his award, Arbitrator Ready reinstated the Grievor, substituted a five day suspension in place of his discharge and retained jurisdiction over the issue of his entitlement to lost earnings during the fifty-six (56) week period of his unemployment.

In solidarity,

Ken Mooney
Regional Grievance Officer