Grievance Information Detail
DENIED: Accordingly, based upon the entire record including the post hearing briefs, and observation of the credibility of the witnesses, I make the following finding:
On the charge of abusive conduct toward a patient, there is conflicting evidence in support of both Parties’ positions. This Arbitrator finds that a lesser disciplinary action was warranted.
On the charge of falsifying records by signing safety checks for one another, there was sufficient evidence to support Management’s allegations, but mitigating circumstances as outlined above do not seem sufficient to sustain the termination.
The five (5) instances, however, when the Grievant documented that she conducted safety checks when no one had completed one are of a more serious nature. Due to the gravity of those cases, termination is warranted.
Management had just cause for termination. Thus, the grievance is denied.
On the charge of abusive conduct toward a patient, there is conflicting evidence in support of both Parties’ positions. This Arbitrator finds that a lesser disciplinary action was warranted.
On the charge of falsifying records by signing safety checks for one another, there was sufficient evidence to support Management’s allegations, but mitigating circumstances as outlined above do not seem sufficient to sustain the termination.
The five (5) instances, however, when the Grievant documented that she conducted safety checks when no one had completed one are of a more serious nature. Due to the gravity of those cases, termination is warranted.
Management had just cause for termination. Thus, the grievance is denied.