Decision 24313

Case Number Claimant Judge Language Decision date
Decision 24313   Marin  English 1994-05-02
Decision Appealed Appellant Corresponding Case
Dismissed  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  court judgments or out-of-court settlements 

Summary:

The settlement reinstated the claimant but did not reinstate the wages and benefits between the date of firing and the date of reinstatement. The appeal was allowed solely because of the findings of an arbitration board hearing which the Board considered as binding and tying its hands. Error in law.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
misconduct  acts of violence 

Summary:

There was misconduct in this matter; striking a supervisor is certainly not the kind of conduct which can be said to be acceptable. It is recognized by the arbitrator and by the Corporation that it did merit some period of suspension of salary even if there was an agreement to reinstate him.


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