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<blockquote data-quote="dannyboy" data-source="post: 461881" data-attributes="member: 484">Basically that is what the arbitrator stated.&nbsp;I know that the person that sent me this information might not like what I have posted.&nbsp; But I did not go over it to take a side.&nbsp; I read, highlighted, marked, re-read the papers.&nbsp; Then developed a time line, which by the way offered up an interesting insight.&nbsp;She stated that it was not his performance and methods violation standing alone that provide the company with just cause for discharge.&nbsp; It was because he was INCORRIGIBLE in is failing or refusing to improve his methods and performance and conduct.&nbsp; As such the goal of progressive discipline was not achieving its goal of correction.&nbsp; As such, the employer has the right to fire the employee.&nbsp;As for the insight in the record that no one has brought out, it is this&nbsp;When he was given the 3 day suspension on the morning of the 18th, he went out and had a really bang up day.&nbsp; Ran a 13+++.&nbsp; Management called him into the office to give him that Attaboy.&nbsp; While the record does not show it, they must have claimed article 7, because three days later, on the 21st, they suspended him for 5 days.&nbsp; &nbsp;How does a driver with any sense go out while under the article 7 and continue with what the company could have termed a work slow down.&nbsp; Especially after demonstrating that the company expectations were valid on the 18th?&nbsp;Hard core to the end.&nbsp; But for the wrong reasons.&nbsp;d</blockquote>

[QUOTE="dannyboy, post: 461881, member: 484"] Basically that is what the arbitrator stated. I know that the person that sent me this information might not like what I have posted. But I did not go over it to take a side. I read, highlighted, marked, re-read the papers. Then developed a time line, which by the way offered up an interesting insight. She stated that it was not his performance and methods violation standing alone that provide the company with just cause for discharge. It was because he was INCORRIGIBLE in is failing or refusing to improve his methods and performance and conduct. As such the goal of progressive discipline was not achieving its goal of correction. As such, the employer has the right to fire the employee. As for the insight in the record that no one has brought out, it is this When he was given the 3 day suspension on the morning of the 18th, he went out and had a really bang up day. Ran a 13+++. Management called him into the office to give him that Attaboy. While the record does not show it, they must have claimed article 7, because three days later, on the 21st, they suspended him for 5 days. How does a driver with any sense go out while under the article 7 and continue with what the company could have termed a work slow down. Especially after demonstrating that the company expectations were valid on the 18th? Hard core to the end. But for the wrong reasons. d [/QUOTE]

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