The grievor was caught trying to smuggle product out of the plant. She was suspended over the phone and later fired. At no time did she have union representation. The termination was overturned, but the arbitrator decided not to require the company to return her to the workplace.
Fired after she was caught attempting to smuggle product from the chocolate factory where she worked, the grievor’s termination was voided when the Arbitrator ruled that the company imposed discipline on her in the absence of union representation.