Worker exhibited 'significant insubordination': Arbitrator
Despite being told repeatedly he could not take leave to attend a wedding, an electrician in Prince Edward Island was fired after he took a week off.
Trevor Baker began working for Northumberland Ferries on June 30, 2014, and became a full-time employee in 2016. He was working as the senior electrician on the MV Holiday Island when he was terminated on April 12, 2017.
Baker requested time off to attend a friend’s wedding in Mexico from April 2 to 8, 2017. He made the request in February and because the employer had been generous in the past with other workers’ requests, Baker believed it would be approved.
However, Ken Lake, senior master, sent a response on March 1 that read: “I am sorry I cannot approve your requested LOA (leave of absence) for the week of April 2 to 8. This is a very critical time of year for the start-up of the Holiday Island. She has a new propulsion control system being installed and is to go on sea trials by mid-April at the latest.”
On March 20, Baker sent another request to Don Cormier, vice-president of operations and safety, to reconsider the refusal. He said he had already paid for the ticket, worth $4,200, and Baker had an agreement with another electrician, Brian McCarron, to fill in for him while he was away.
But again on March 24, the request was denied by Cormier because “the electrician's availability during the removal/installation of new propulsion controls is very important.”
Baker made a third request on March 30, but the leave was refused.
On April 1, Baker informed Denis Maloney, chief engineer, that he was going on leave for union business.
“I was scheduled to attend the union meetings with Craig in Charlottetown on Monday, Tuesday and Wednesday, leaving only Thursday for me to be onboard, so no great amount of time will be missed," worte Baker. "I have arranged with Brian McCarron to cover me should you need him for any electrical issues that may arise.”
However, Baker was not a member of the union executive and he subsequently took the week of April 2 to April 8 off to attend his friend’s wedding in Mexico.
Baker was dismissed after he returned.
He sent a message to Stephen Raisbeck, technical superintendent, on April 25 asking for the employer to reconsider. “I am being treated unfairly and unjustly in comparison to others and to past practices, and I would ask you to review the stance that you have taken.”
The union, Unifor, Local 4508A, grieved his dismissal and cited a previous case that involved a worker who took time off despite being told not to.
The employee had 10 demerit points on her record and was given 90 points for the absence, which triggered the company’s dismissal level of 100 demerit points and she was then fired.
The employer argued Baker’s actions were “disrespectful, insubordinate, and manipulative,” and therefore his termination was valid.
Northumberland Ferries also claimed that because Baker denied them his services during the new installation, it resulted in extra costs on the project.
Arbitrator Susan Ashley dismissed the grievance and assigned blame to Baker.
“Looking at the decision to terminate, I note that (Baker's) actions were premeditated and not spur-of-the-moment. His actions indicate that he simply was not going to accept the employer's decision. This constitutes significant insubordination,” said Ashley.
“On the one hand, (Baker) has no previous discipline; on the other, he shows little remorse for his actions. Nor was he entirely candid with the employer in the process.”
Baker’s letter to the chief engineer in early April proved he was not honest with Northumberland Ferries.
“His letter to Maloney was disingenuous, indicating that he was scheduled to do union business for three days, leaving him only one day to be on board,” said Ashley.
"He knew when he wrote the letter that he would not be doing union business for those three days, and to suggest that he would only be taking one vacation day is misleading, at best,” said Ashley.
Reference: Northumberland Ferries and Unifor, Local 4508A. Susan Ashley — arbitrator. Murray Murphy for the employer. Gary Healey for the employee. Oct. 3, 2017. 2017 CarswellPEI 59
