Arbitrator finds company didn't address mental health issues
A worker at an Amherst, N.S., airplane factory was terminated after missing work repeatedly.
Preston Veno — who had more than 30 years’ experience at IMP Aerostructures and worked as a sheet metal technician — was terminated via letter on March 3, 2016.
Veno had been working under a formal monitoring program after eight documented disciplinary actions with management between 2013 and 2015 concerning his spotty record of attendance.
After a 10-day suspension in April 2015, Veno was advised “This is still your last chance” and told he may be fired for further culpable absences. He was suspended after an unexplained absence, which included Veno not answering multiple phone calls from the employer.
On Feb. 29, 2016, a meeting was held between Veno and Alyson Fromm, human resources manager, to discuss a period of him not showing up for work from Feb. 11 through to Feb. 26.
Veno provided a handwritten note from the receptionist of a doctor identified as “Dr. F.” A rubber-stamped note signed by the doctor was also given as medical proof for the absence.
Fromm said the note wasn’t acceptable to the company as proof of a medical reason for the absence. Another note from another doctor that was offered at the meeting contained incorrect dates, which Veno admitted he filled out incorrectly.
Two further meetings were held to discuss the notes and the decision to terminate was made due to what IMP called false and fraudulent information provided by Veno.
The union, United Steelworkers, grieved the dismissal and argued Veno had a disability that the company made no attempt to accommodate.
A doctor in Moncton, N.B., identified as “Dr. D” held a 65-minute independent medical evaluation on July 13, which indicated Veno had a previously diagnosed psychiatric condition and suffered from depression events. The doctor said if Veno continued medication and regularly visited with a therapist, he would be able to improve his attendance at IMP.
Veno testified that he was diagnosed by a “Dr. L” for bipolar disorder and alcoholism. He said he was sober for the past 10 years, but occasionally it is “hard to get up and face the day” and he stayed at home because of the episodes.
A Nov. 4, 2014, letter sent to IMP from Dr. F to “avail termination” stated Veno had major depression and anxiety/panic disorder and was taking Paxil and Ativan to control it. Veno also testified he verbally advised Fromm about his mental health issues.
The company said the union never did grieve previous discipline for absences and it had given Veno plenty of extra chances to improve attendance, due to his long service.
Arbitrator Robert Breen upheld the grievance and said IMP should have pursued accommodation when it received the 2014 letter.
“I am satisfied that Dr. F’s Nov. 4, 2014, medical note constituted receipt of a diagnosis of a mental health disorder sufficient to put IMP on notice for anything showing as an extended absenteeism period by Veno,” said Breen. “Further, I find this notice ought to have led to a question as to whether a matter of disability was involved in any instance of an extended absence by Veno, before IMP acted to impose a sanction for culpable absenteeism.”
Breen ordered the company to reinstate Veno, but without any back-pay. Veno was ordered to continue treatment and work with the company and the union on “his attendance at work, and the control of absenteeism events.”
The arbitrator placed the blame on all parties. “Given what I conclude upon as a multi-party failure as to an accommodation, I accept Dr. D’s recommendation that
Veno’s following medical medication prescribed by his family physician, as well seeing a therapist regularly, can result in an attendance level that is within the expected perimeters of the employer,” said Breen.
Reference: IMP Aerostructures and United Steelworkers, Local 4483. Robert Breen — arbitrator. Rebecca Saturley for the employer. Mario Fortunato for the employee. Nov. 28, 2016.
