A federal prison guard who lost a day's pay for giving the middle finger to a government building has won his grievance after a labour board adjudicator rejected the Correctional Service of Canada's disciplinary action and questioned the credibility of a senior prison official.Blacklock's Reporter says the Public Sector Labour Relations and Employment Board ordered the Correctional Service to repay the guard $285 plus interest following a dispute dating back to 2019.The case also resulted in sharp criticism of Crystal Thompson, the former warden of Millhaven Institution in Bath, Ontario, who was responsible for imposing the punishment.“I do not believe her testimony,” wrote adjudicator Christopher Rootham in his decision.The incident occurred after the guard completed a five-week dog handler certification course at a Canada Border Services Agency training facility.Shortly before graduating, the guard was speaking with three other people in a parking lot outside the facility's kennel and other buildings.According to evidence presented at the hearing, the guard expressed relief that the training course was finally over.When another person jokingly asked how he would feel if officials refused to let him go home, the guard extended his middle finger toward the agency buildings.The board described the gesture as a brief expression of frustration rather than serious misconduct.The incident was captured on video by the Canada Border Services Agency and subsequently referred to its national headquarters.The matter eventually reached Thompson, who was then warden at Millhaven Institution.She ordered the guard disciplined and docked him one day's pay for disrespectful conduct.During the hearing, Thompson testified she could not recall ever seeing staff members or inmates at Millhaven giving each other the middle finger.Rootham questioned the credibility of that claim.“When pressed on how preposterous her testimony was, she admitted she could not speak to how staff or inmates interact with each other,” the decision stated..The adjudicator also criticized how the disciplinary investigation was conducted.Evidence showed the guard was not informed of the complaint until he was summoned for questioning by an investigator.“Ms. Thompson testified this was standard practice for disciplinary investigations,” wrote Rootham. “I certainly hope not.”The Correctional Service argued the gesture was disrespectful toward the federal government because it was directed at buildings belonging to a government agency.Management maintained that giving the middle finger to a government building amounted to disrespecting the institution operating inside it.To support its position, the Correctional Service used Parliament Hill as an example, arguing that making an obscene gesture toward the Parliament Buildings would demonstrate disrespect toward the Government of Canada and would therefore be inappropriate conduct for a federal employee.Rootham rejected that interpretation.“The employer takes this point too far,” he wrote.The adjudicator said federal employees were not required to avoid every expression of disrespect toward their employer or the Crown.“Evidence in this adjudication is that the grievor in response to some needling about having to stay at a training facility he disliked gave two buildings the middle finger,” Rootham wrote.“I have concluded this is not the sort of conduct that warrants a disciplinary response.”The board ruled the punishment was unjustified and ordered the Correctional Service to reimburse the guard's lost wages of $285, plus interest.No sanctions were imposed against Thompson over her testimony or handling of the disciplinary matter.The Correctional Service confirmed Thompson was subsequently promoted to assistant deputy commissioner.In a statement, the agency said it accepted the board's authority and was examining the ruling.“The Correctional Service respects the Board’s decision and is reviewing it,” management said.“As this matter concerns an individual employee and internal labour relations, we will not comment.”The ruling overturns the financial penalty imposed on the guard over the 2019 incident.
