Grievance Information Detail

OCB Case Number

Old Grievance Number

Award Number

Grievant's Name

Arbitrator

Agency

Union

First Chair

Union Advocate

Second Chair

Arbitration Date

Decision Date

Decision

Cost

Contract Articles 24

Attachment List

• 1278
• 1278

Contract Violations

Holding

Grievance was MODIFIED. The Grievant, a Theraputic Program Worker at Northcoast Behavioral Healthcareì Systems (NBHS), was given a six-day suspension for failure of good behavior,ì insubordination, and smoking in a nonsmoking area. The Grievant was foundì smoking in a nonsmoking area, and when he was confronted about it, theì Grievant loudly demanded to know who had reported him. The Grievant thenì told his supervisor, "You've been on my back for a year and it's time toì stop." The Employer argued that a six-day suspension was warranted due to theì Grievant's insubordinate and rude behavior. The Employer argued that theì Grievant treated his supervisor in a disrespectful and disobeying manner inì front of other employees. The Employer presented several witnesses who saidì they saw the Grievant smoking in a nonsmoking area. The Employer alsoì presented evidence that the Grievant actually told his supervisor to get offì his "ass", rather than "back". The Employer felt tha