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Tip Of The Day
When the collective agreement allows for leaves of absence to be requested, the employer in an incarceration case must actively turn its mind to such a request and fairly weigh the competing factors. The moral turpitude of the crime may be a factor, but only where there is a nexus between the crime and the type of work (i.e., the possession of child pornography would likely be more relevant for an elementary teacher than for an industrial worker). More important in an arbitrator’s eyes would be the length of the imprisonment and the adverse impact this would have on the employer’s operations. Accordingly, both employers and unions should carefully consider the language that they chose if and when they negotiate a leave-of-absence provision in their collective agreement.
