The grievant was an employee for more than seventeen years. She was discharged for a departmental rule violation against having "food or drinks in clinic areas." The grievant came to work a short time before her shift started. Before reporting for duty, she purchased a donut and a cup of coffee in the hospital cafeteria and brought it with her to her department. She set it down in a vacant treatment room and went to put her coat in her locker, intending to return for the coffee and donut and take them into a lounge a short distance away. But, she forgot the items and began work without removing them from the area. The team leader found them there. The employer viewed the action as final proof that corrective actions for the grievant's numerous instances of poor work performance and attitude had failed and that they "could no longer tolerate her numerous problems." The grievant was on the final notice prior to discharge.

The Union argued that no matter where an employee stands in the corrective action progression, they can only be discharged for just cause, which it insists, was lacking in this case. Since the grievant's violation of the food and drink rule was an innocent mistake unrelated to other matters for which she had previously been counseled and disciplined, it was ludicrous to treat it as a dischargable offense.

The Arbitrator agreed that the grievant's violation of the food and drink rule was clearly an innocent mistake, not intentional refusal to conform to rules, regulations or work instructions. She had promptly and honestly owned up to her mistake, coming forward and acknowledging the donut and coffee as hers when she heard it being discussed.

"Given the inadvertence, triviality and inconsequentiality of grievant's food and drink infraction, the fact that it was unrelated to the problems that led to her conditional status, and her long service, it was not just cause to terminate her employment."

The grievance was sustained, the discharge was to be set aside and the grievant reinstated with full back pay and benefits.