Severe measure of dicipline warranted: Arbitrator
MARIO COUTURE was fired by Iron Ore Company on July 9, 2014, following several infractions. First, the Newfoundland-based tool room worker was found to be in breach of the company’s requirement to wear personal protection equipment. Next, he was belligerent towards his supervisor, threatening him about the safety complaint. Following his outburst, Couture was suspended.
Finally, Couture was found to have been urinating in plastic bottles in the work space and emptying the bottles in a sink-drain area at the end of his shifts. This was done in front of fellow employees, including one female co-worker who reported the issue to management the same day Couture was suspended.
The employer launched an investigation into the complaints against Couture and found several bottles of urine in the work space. He was subsequently fired.
Couture’s union, the United Steelworkers local 5795, filed a grievance requesting he be returned to work with an appropriate penalty under progressive discipline.
The union argued termination was too severe a discipline for the alleged infractions. Couture was working in the tool room as part of accommodation following a knee injury. According to the union, his medication caused urine urgency that was so severe, there was not always time for him to travel to the employer’s bathroom facilities.
The union argued Couture had apologized to the employer and promised he would act differently in the future.
In his testimony, Couture said he realized urinating in plastic bottles in the work space was wrong after the employer made it clear that behaviour was not appropriate. He promised to "take care to make sure he could get to the bathroom" in the future.
The employer, however, argued discharge was the only option considering Couture’s actions. Following his refusal to wear personal protection equipment, Couture was confrontational with his supervisor, swearing at and threatening him. According to the employer, these first two infractions were in and of themselves deserving of significant discipline.
When Couture’s inappropriate and unsanitary behaviour in the work space was discovered, the employer said it had no option but to impose dismissal.
Arbitrator Wayne Thistle sided with the employer.
"The grievor committed egregious behaviour when he chose to urinate in a drain at the front of the tool crib," Thistle said.
"The grievor made a choice but he made the wrong choice, not once but on several occasions. The grievor’s choice was deliberate and reckless. He does not seem to understand the gravity of his actions. His disregard of the rights and concerns of other workers and the company is unacceptable and when all infractions are considered, a severe measure of discipline is warranted."
Reference: Iron Ore Company of Canada and the United Steelworkers Local 5795. Wayne Thistle — arbitrator. Chris King for the employer, Lawrence McKay for the union. Jan. 28, 2015.
