Reference no: EM133631942

Assignment:

The grievor worked on a production line and he was seen speaking to a co-worker down the line, away from his workstation. A supervisor ordered the grievor to return to his workstation and start working because the line was being held up. The supervisor then stood about one foot away from the grievor and intensely ordered him to get back to work. The grievor told the supervisor he could not work with the supervisor so close and hollering at him because it was making him nervous that his hands were shaking and that his job involved dealing with very sharp metal that could cut off his fingers if he was not careful. He requested a health and safety representative to assess the situation The supervisor refused that request because he did not perceive any unusual danger when the grievor refused to start working, the supervisor suspended the grievor without pay for two days for insubordination. The union filed a grievance asserting a lack of just cause as well as a violation of the Occupational Health and Safety Act for penalizing the grievor for exercising the right to refuse unsafe work under the legislation.

Did the employer violate the collective agreement when it suspended the grievor? why/why not? What factors would an arbitrator consider when determining whether there was Just cause for the suspension?