November 9, 2006 12:30 p.m. EDT

Playback: Monday, November 13, 3:30 - 5pm

Gordon Luborsky

Arbitrator/Mediator

Sean McGee

Union Counsel
Nelligan O'Brien Payne

Rebecca Saturley

Management Counsel
Stewart McKelvey Stirling Scales

Some of the questions to be addressed:

• In disciplinary matters, what weight should be given to the goals of correction? Rehabilitation? Deterrence? Punishment?
• In assessing penalty, how significant is the nature of the offence itself? The employee’s past disciplinary record? The appropriateness of progressive discipline?
• Is progressive discipline always required? Or are there offences for which discharge is an appropriate penalty regardless of the absence of prior discipline?
• In determining discipline, how much weight should be given to mitigating circumstances such as seniority, provocation, condonation, acknowledgment of wrongdoing, remorse, candour, or non-cooperation? How much weight should be given to such considerations as whether the offence was spontaneous or premeditated, whether it was isolated or recurring?
• How should non-culpable conduct (e.g. poor performance due to incapacity) be treated as compared with culpable conduct (e.g. poor performance due to malingering)? What should the response be to behaviour that is a hybrid of both (e.g. poor performance due to alcoholism-related absenteeism)?
• How are the rules allowing discharge for innocent absenteeism to be harmonized with the duty of accommodation?
• Which particular forms of discipline are acceptable to arbitrators, and which are not? Warnings? Suspensions? Fines? Demotions? Loss of seniority?
• When is different treatment of employees for similar offences discrimination, and when is it not?
• In what circumstances can an employee be disciplined for off-duty behaviour?
• When is the presence of a union representative required at an investigative or disciplinary meeting?

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