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AUDIO CONFERENCE
Insubordination: What Does it Encompass?
What Responses are Appropriate?
 
- MODERATORS -
  
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Matthew Certosimo

Employer Counsel
Borden Ladner Gervais
  
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Tim Gleason

Union Counsel
Sack Goldblatt Mitchell

- THE EXPERTS -
 
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Jeanne Meyers

Union Counsel
McGrady Baugh & Whyte
 
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Peggy O'Brien

Employer Counsel
Lawson Lundell
 

THE ISSUES:

Some of the questions addressed:

  • What does insubordination encompass? Is it limited to refusing to follow a direct order? What about insolent, disrespectful, insulting comments towards the employer?

  • Disobeying orders vs. disobeying rules: what can be grieved, and when?

  • In most cases an employee must obey an order, and grieve afterward. Are there exceptions to the 'work now, grieve later' rule?

  • Freedom of expression or employee disloyalty: at what point do employees cross the line? Is the line the same for an employee who is also a union officer or steward — is there more latitude?

  • What does the employer need to prove to establish that an employee has been insubordinate?

  • Which disciplinary responses are acceptable? What types of sanctions will an arbitrator consider as appropriate?

 
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