Discipline and Discharge - Stewart McKelvey

Discipline and Dischargeabout being fed-up and wanting to hit someonewhen he got his license back – the first commentwas made to co-grievors and the second to asupervisor. His animosity was directed at the relocatedgrievors. He perceived that they didn’tfollow safety procedures that were established inthe workplace. The co-grievors and supervisorbelieved he was venting and didn’t actuallyintend violence. However, they reported thecomments. In a third incident, the grievor madeharassing comments towards one of thetemporary employees in particular. He was senthome for the day. He was later telephoned andasked to return to the guard hut. He was met byhis supervisor and a union representative andwas discharged.What the court said: Suspension substitutedfor discharge. The arbitrator found that thegrievor’s comments warranted discipline. Thearbitrator considered that comments made ontwo occasions were threatening andinappropriate, but didn’t appear to be“premeditated”. The grievor made apologies forthe comments he made to his co-grievors, butnot for those made to his supervisor. Thecomments made to the temporary employee,were inappropriate, but in response to concernsabout the safety of that persons driving. Thearbitrator was satisfied that it was safe for thegrievor to remain the workplace. The grievorwas reinstated, with lost wages and benefits. Alesser penalty of a five-day suspension wasimposed.Employer and Employee Win Some / Lose SomeCAW Local 1256 and AutomodularCorporation (Juniper; Almonte; Esposito)What happened: Three heavy machineryoperators were discharged after being seenusing illegal drugs (marijuana) on companyproperty during a shift. A representative of theemployer testified that termination was the onlypenalty considered in response to the drug use.They considered the conduct to be “so grossand serious” that a lesser penalty wasn’tappropriate in the circumstances.What the arbitrator said: One dischargeupheld; two reinstated subject to last chanceagreements.One grievor failed to appear for arbitration onthree successive dates. His grievance wasdismissed.The second grievor had a clean disciplinaryrecord, no issues with absenteeism or tardiness,and had never received even a verbal reprimandconcerning job performance. He wasn’t givenany opportunity to respond to the employer’sallegations. However, at the hearing, heconceded to smoking marijuana at work once ortwice. He testified that he smoked only a smallamount and was never impaired. He exhibitedremorsefulness and apologized for his conduct.He also testified that he hadn’t used marijuana inthe previous six to eight months, nor did he missit or need it. The third grievor also had a cleandisciplinary record, was regular and punctual in- 12 -