Man 'flustered, uncooperative, evasive' answering questions
An arbitrator has upheld the dismissal of a Manitoba employee who denied knowingly stealing industrial appliances from the workplace.
Leslie La’Frenais, 51, was a maintenance assistant for Boeing Canada in Winnipeg — the largest manufacturer of airline parts in Canada — and he was hired in 1987. La’Frenais and his maintenance counterparts sometimes worked without supervision and were relied upon to be honest in their work, since so much was riding on it. Each year, employees signed a code of conduct acknowledging the importance of acting with integrity and the consequences of dishonest misconduct.
La’Frenais’ job duties included upkeep at the Boeing plant, such as painting, snow clearing, hanging paintings and general maintenance. Maintenance employees had the least supervision of all because they worked throughout the plant. Employees were also allowed to use the company vehicle for company business and employees were scanned when they entered or left the plant.
On Oct. 7, 2013, an anonymous note was left under the company’s ethics advisor’s door. The note stated that 10 days earlier, La’Frenais and another employee had taken a two-door freezer and a pizza oven that had been removed from their locations inside the plant and placed outside. The note also said the items were in use at another business.
Management checked surveillance footage and observed Le’Frenais and the other employee loading equipment into a company truck on the day in question, with La’Frenais getting behind the wheel, and returning 75 minutes later.
Their lunch break was supposed to be 30 minutes. They didn’t check into security on the way out, only when they returned.
There was no evidence the freezer or oven had been approved to be taken. Standard procedure for permission to decommission and remove equipment involved approval forms that had to be checked by security on the way out. This ensured only approved and safe items were taken off Boeing property.
The two employees were interviewed on Nov. 14 with representatives from Unifor present. La’Frenais explained that the freezer and oven were garbage — the freezer in particular had been sitting outside for a month and needed repairs — and he assumed his co-worker had a removal permit and he showed it to security.
He said they delivered the items on their lunch break to the co-worker’s father-in-law’s business, which happened to be near a location where he had to pick up ceiling tiles for a job back at the plant. The tile pickup was the reason they took longer than their lunch break, said La’Frenais.
Management observed La’Frenais as “flustered, uncooperative, and evasive to some of the questions.”
Boeing contacted the police and the items were located at the business. The company hired a mover to return the items. Management also checked invoices for ceiling tiles and none were picked up on the day in question, nor had anyone instructed him to pick up the tiles.
The company reviewed La’Frenais’ disciplinary file — which included a written warning for not wearing a seatbelt and a three-day suspension for yelling at the safety team while driving.
Boeing deterimined La’Frenais had deliberately broken company rules and violated its trust by stealing its property.
Given his uncooperative behaviour in the investigative interview, Boeing felt it couldn’t trust him to return to the workplace. It terminated La’Frenais' employment a few days later.
Unifor said the oven had sat unused for more than a year and La’Frenais had assumed it was to be scrapped, as that was the usual fate for equipment in such situations. He had no intention to take either piece of equipment, it was his co-worker who wanted it. He claimed his co-worker approached him and asked him to take the items to his father-in-law’s business during lunch. He said he agreed because he was picking up tiles nearby. He also said he didn’t ask to see a removal form because it was not his role to see it.
La’Frenais acknowledged knowing about the property removal form and process, but claimed he assumed his co-worker had filled out a form and received approval.
He stood by his story in the interview and said at no time was he dishonest.
Arbitrator Michael Werier had trouble believing La’Frenais’ version of events. He found it was an unbelievable coincidence that La’Frenais was picking up tiles near where his co-worker’s father-in-law’s business was located, especially since there was no evidence he picked up any tiles.
There were also inconsistencies in that he said he assumed his co-worker had a permit and showed it to security, but they didn’t actually stop on their way out.
La’Frenais was aware of the procedure and had stopped at security on all other occasions.
Werier also noted that the co-worker knew he didn’t have a permit, so if La’Frenais wasn’t in on it, he would be taking a chance that La’Frenais wouldn’t stop at security — something he usually did.
“It is unbelievable that (the co-worker) would take the chance of not discussing it and hope that (La’Frenais) would simply drive through,” said Werier. “The only logical conclusion is that (La’Frenais) was a party to the plan and knew exactly what he was doing.”
Werier found La’Frenais was aware there was no permit to remove the stove and freezer and was part of the plan to steal them. Despite La’Frenais’ long service, he was well aware of the policies and the importance of honesty in Boeing’s workplace — even more so because of his seniority.
In addition, La’Frenais’ denials of involvement increased the seriousness of his misconduct and damaged the employment relationship beyond despair.
Werier determined Boeing had just cause for termination and dismissed Unifor’s grievance.
For more information see
• Boeing Canada and Unifor, Local 2169 (La’Frenais), Re, 2015 CarswellMan 690 (Man. Arb.).
