The grievant was issued a two day disciplinary layoff for threatening her co-worker because of a disagreement over vacation approval. The threat was allegedly left on the telephone voice mail system.

The employer maintained that the two employees were having disagreements at work. The employer maintained that the threat occurred and was corroborated by another employee and a supervisor.

The Union acknowledges that the grievant left a message however, argued that it contained no threats. Rather, it contained a strong message regarding work problems. The Union argued an absence of just cause and that the employer failed to conduct a reasonable and objective investigation before disciplining the grievant.

The arbitrator agreed that, given the employer's failure to conduct a thorough and objective investigation and the absence of sufficient evidence proving that the grievant threatened a co-worker, the two day suspension was not for just cause. The grievance was sustained and the discipline expunged.