Despite 'poisoned' workplace, worker wasn't harassed
A forklift driver at a British Columbia warehouse was terminated after another worker accused him of bullying, threatening and effectively promising him no further help as his union representative.
Jack Vanderbasch was fired from his job at Western Forest Products after a June 23, 2016, incident on the shop floor of a timber mill.
Shane Norbury was working on a grader to begin his shift, but another worker, Paddy Naylor, ran up to him shortly after he began operating the machine and told him to stop because they were on a wood changeover.
Harsh words were exchanged with each man calling the other a “f---ing idiot” and resulted in Norbury walking to the lunchroom where he told Darrin Busscher, the night shift foreman, his side of the story.
Norbury wrote a statement of the incident for Busscher then went back to work. About an hour and a half later, Naylor and Vanderbasch approached Norbury about the earlier episode. Norbury said that Vanderbasch was angry and he accused him of blowing it out of proportion by informing management, “ratting out union brothers” and “sucking up” to managers.
Norbury said Vanderbasch told him he was going to closely monitor his future actions and especially his coziness with various managers, which Vanderbasch said wasn’t good for the union.
When later asked by Busscher about that incident, Norbury wrote: “He then stated that I would not have any union support in any future matters and I was on my own.”
Later, Norbury spoke with the local’s president, Brian Butler, about the events.
In further interviews with management, Norbury reported he had been bullied constantly by other workers writing “rat” beside his name on bulletin boards.
Western Forest Products said in its reasoning for the firing that Vanderbasch was a “repeat offender who has engaged in a pattern of intimidating conduct towards a co-worker on the heels of a final warning that his employment would be terminated should he engage in such behaviour.”
But the union, United Steel Workers, said Norbury’s testimony was not credible and Vanderbasch’s version should be believed. Vanderbasch claimed he merely wanted to counsel Norbury not to escalate little events up to management and instead they should be worked out on the shop floor among the union members.
The union said Vanderbasch’s action did not constitute harassment and the resulting termination was too harsh.
Arbitrator Richard Coleman agreed and upheld the grievance.
“It may well be that Norbury has been the object of acts and comments which well fit the definition of bullying and harassment, in particular if he has been called and labelled with the kinds of names and epithets listed in this award. There is evidence that these comments have poisoned the workplace for Norbury. But the events that occurred on June 23 do not fit into that category,” said Coleman.
The message delivered by Vanderbasch was not harassment but a discussion of how Norbury should have acted after his encounter with Naylor, according to Coleman.
“I reject the suggestion that Vanderbasch tried to intimidate Norbury. He instead tried to communicate the union view that the kind of altercation alleged to have occurred between Norbury and Naylor should be dealt with by people on the shop floor and with the union reps’ involvement, prior to involving management and a formal investigation.”
Vanderbasch was given back his old job and the termination order was annulled.
“Harassment is a serious subject and allegations of such an offence must be dealt with in a serious way, as was the case here. The reverse is also true. Not every employment bruise should be treated under this process,” said Coleman.
Reference: Western Forest Products and USW, Local 1 - 1937. Richard Coleman — arbitrator. Greg Heywood for the employer. Sandra Banisterfor the employee. Dec. 21, 2016.
