Investigation didn’t account for other worker’s behaviour
An operator at an automotive suspension production plant in Chatham, Ont., was terminated after he hit a colleague in the throat during a tense conversation.
Dan Erdie had been employed by MSSC Canada since 2010 when during a midnight shift on June 25, 2018, he was paired with Mike Broadbent, set-up operator, on the stabilizer bar line.
The two had previously worked together on the line but Broadbent said that sometimes Erdie ended up “touching set-up stuff on the line and adjusting machines” which upset him. Operators had been ordered by the company not to do so, testified Broadbent.
After the 4 a.m. break, Broadbent saw Erdie turning a paddle adjustment and he approached him to tell him to stop. According to Broadbent, Erdie then punched him in the throat, hitting him in the Adam’s apple.
Broadbent went to the supervisor to report the incident immediately after it happened but he did not seek any medical attention. He was sore all week from the hit, said Broadbent.
During the shift, testified Erdie, Broadbent didn’t seem like himself. When he made the adjustment, Broadbent angrily approached him and began yelling and swearing at him, said Erdie.
Broadbent’s hands came close to his face during the confrontation, said Erdie and he believed that Broadbent might strike him.
When he swiped away Broadbent’s hands, that was when his hand hit Broadbent in the throat, testified Erdie. The employer sent Erdie home shortly after the incident.
After an investigation, Erdie was dismissed on June 25 for violating the company’s violence and harassment in the workplace prevention policy.
The union, Unifor, Local 127, grieved the decision and argued that because Broadbent acted aggressively toward Erdie, his defensive actions were justified.
Arbitrator Randy Levinson agreed and upheld the grievance. “Erdie is reinstated conditionally to employment without loss of seniority, service or benefits. The period off work from the time of his discharge will be a disciplinary suspension without pay. The reinstatement is subject to the following conditions. First, Erdie shall make an unqualified apology in writing to Broadbent. The apology shall include Erdie undertaking not to repeat his behaviour toward Broadbent. Second, if Erdie engages in a proven act of violence that contravenes the policy within 24 months of active service, the company may discharge him, and a proven breach of this condition will be deemed to be discharge for just cause.”
While Erdie did strike Broadbent, it was a one-time event, said the arbitrator.
“Erdie has reasonable rehabilitative prospects that warrant reinstatement and that a recurrence of his misconduct is unlikely. His spontaneous reaction to Broadbent’s aggressive behaviour on June 25 was out of character and unprecedented,” said Levinson.
And MSCC’s decision to terminate did not fully take in both sides of the conflict, said Levinson.
“Overall, it is apparent that Erdie and Broadbent each lost their composure, as their conduct toward each other clearly demonstrates. Their mutual loss of composure affected their better judgment, which explains the spontaneous escalation of events. Significantly, in making its decision about whether to discharge Erdie, it appears the company did not give due regard to how Broadbent’s conduct materially contributed to what occurred.”
However, it was Erdie’s original action that precipitated the confrontation. “By adjusting the paddles, Erdie knowingly engaged in an activity he should not have undertaken, given previous instruction from the company. Unfortunately, this activity set in motion what was to follow.”
Reference: MSSC Canada and Unifor, Local 127. Randy Levinson — arbitrator. Mike Byrne for the employee. May 24, 2019. 2019 CarswellOnt 8314
