Incident latest in series of escalating bad behaviour
After being talked to by his supervisor for slacking off while on the job, a sanitation worker at a Berwick, N.S., poultry plant aggressively confronted him.
Greg Bezanson had worked for Eden Valley Poultry since 2012, when on Feb. 1, 2016, he was supposed to meet with Keith Keeping, sanitation supervisor, to discuss recent attendance problems.
However, Bezanson refused to attend the meeting because he felt that Pat Macdonald, shop steward and lead hand responsible for directing Bezanson, “was picking on him,” according to Keeping.
As a result of the insubordination, Bezanson was told to leave the site immediately and serve a one-day suspension. He was also told that any further, similar action could result in his dismissal.
On May 4, Bezanson was given a written warning after another one-day suspension in April, due to his spotty attendance record and for leaving a shift too early.
On July 8, Scott Carter was the lead hand on a shift that included Bezanson. Carter noticed Bezanson and Richard Confiant had completed their cleaning tasks but were wandering around the plant and they didn’t offer help to other employees, which was expected of employees who finished early.
Carter spoke to the pair repeatedly about their behaviour. Later, Bezanson testified he was sitting on a bucket talking to Confiant when Carter “came over screaming and hollering at us.” Confiant explained he sat for a moment because he knees were sore.
Carter later told Keeping about the incident, and Keeping then launched an investigation. Keeping found Bezanson at his station and he informed him that he was performing an investigation about Bezanson’s work habits.
Bezanson then, “storm(ed) off saying, ‘You do it your way and I am going to do it my way and I know where (Carter) lives,” said Keeping.
A few minutes later, Bezanson angrily approached Carter, who said Bezanson “chest bump(ed) me twice, trying to provoke me into a fight.”
Two witnesses corroborated this story with Keeping, who arrived shortly thereafter.
Bezanson said he was only reacting angrily after Carter knocked off his helmet. He said he was talking to Carter to gain access to cleaning chemicals, which were controlled by the lead hand on shift.
Eden Valley Poultry eventually terminated Bezanson on July 15 for the assault on a supervisor, combined with the lack of an apology.
The union, Unifor, Local 2216, grieved and argued the discipline was not consistent with similar incidents and the employer had used employee assistance programs in the past and should have done so with Bezanson.
Arbitrator Augustus Richardson dismissed the grievance and said Bezanson committed an offence worthy of being punished by firing. “It involves non-consensual physical contact that was intended, and hence constituted an assault (albeit one involving only chest bumps rather than violent physical contact coupled with physical injury).”
Bezanson’s lack of remorse and his previous punitive events contributed to the culminating factors that lead to his termination, said Richardson.
“Moreover, the prior disciplinary offences — lack of attendance, leaving work early, sitting down rather than helping others complete their assignments, challenging the instructions of his supervisors — were all of the same type.
In each, (Bezanson) acted as if his own interests or opinions were the correct ones.”
And by attacking Carter, something bad could have happened. “Chest bumping, in terms of physical contact, may be a relatively minor assault. But meat processing plants are dangerous places. A slight physical push or bump in such an environment could lead to serious injury if, for example, the employee being bumped stumbled into machinery or fell on a slick floor,” said Richardson.
Bezanson’s comments about Carter also contributed to the employer’s decision, said Richardson.
“There was the threat that was implied in the comment about knowing where Carter lived, or taking out his good eye. These comments may have been idle threats made in the heat of the moment,” said Richardson.
"But they were threats none the less. Moreover, they were made to or in respect of a supervisor, which makes them insubordinate.”
Reference: Eden Valley Poultry and Unifor, Local 2216. Augustus Richardson — arbitrator. Rebecca Saturley for the employer. Gary Healey for the employee. Dec. 13, 2017. 2017 CarswellNS 919
