Hanger fired for harassment
A poultry processing plant employee offered no apology when an arbitration board found he threatened to sexually assault and kill a coworker.
William Yel-Malual was dismissed by Prairie Pride Natural Foods after an altercation with his coworker, Blair Kutney, in May 2012. A five-year employee of the company’s plant in Saskatoon, Yel-Malual denied any wrong-doing.
Both Yel-Malual and Kutney worked in the plant’s live end. Yel-Malual was a hanger while Kutney worked as a lead hand. Employees in the live end work in close quarters, standing shoulder to shoulder at a conveyor belt.
As the most senior hanger, Yel-Malual could choose his position on the conveyor belt. On May 31, 2012, he chose to stand in the position nearest the button that activates the production line. As the start time approached, Kutney told Yel-Malual multiple times he should prepare to push the button and activate the conveyor belt. Kutney testified Yel-Malual ignored him, leading him to reach around Yel-Malual to press the button himself.
Yel-Malual began yelling at him, Kutney said, using the words "fuck you," "I am going to get you," "I’m going to use a knife" and "I’m going to fuck your ass."
Kutney concluded he was unsafe and left the scene to report the incident to the plant manager.
Yel-Malual denied threatening Kutney, telling the manager Kutney had kicked him two times in the knee after he refused to press the button. Yel-Malual testified he was unaware Kutney was a lead hand, saying Kutney did not wear the orange hat traditionally signifying the position. He ignored Kutney’s orders to turn on the button because he was waiting for a lead hand, Yel-Malual said, when Kutney attacked him.
Yel-Malual was terminated. Contributing to the decision to dismiss him, the employer said, was the fact that Yel-Malual had been disciplined for another incident involving Kutney only months earlier.
In September 2011, Yel-Malual was suspended for three days after he allegedly elbowed Kutney in the chest. Yel-Malual grieved the dismissal and suspension through his union, the United Food and Commercial Workers Local 1400.
The arbitration board found Yel-Malual’s confusion concerning Kutney’s role to be an insufficient excuse for his actions.
"The pattern is the same," the board ruled. "Deny the employer’s allegations and come up with a version of events that exonerates the grievor and shifts sole responsibility and blame for the wrongdoings to Mr. Kutney."
As well, it was unlikely Yel-Malual would change if reinstated.
"There was no apology; there is no remorse," the board stated. "There is no prospect of anything good coming out of reinstating the grievor to the workplace."
Reference: Prairie Pride Natural Foods and the United Food and Commercial Workers Local 1400. William F.J. Hood, Blake McGrath and Robert Smith — Arbitration board. Leah Schatz for the employer, Dawn McBride for the union. Dec. 6, 2013.
