The grievor was terminated for carving on cuts of meat. They did not leave the plant, but some of the carvings would have damaged the company's reputation. The arbitrator reinstated the grievor because of his remorse and the small chance of re-offending.
A worker at a meat processing plant was fired for carving signs and messages into finished cuts of meat. The union grieved.
J.D. [John Doe] worked on the line at a meat processing facility. He had about 11 years’ service at the plant, which produced cuts of fresh meat both for retail distributors and for wholesalers.
In March 2011, two cuts of meat from the plant bearing inappropriate carvings turned up at another facility. One had a swastika carved in it; the other was marked with the phrase “no way.” Later, two more carved pieces of meat surfaced. One had a happy face carved into it, while the other was marked with “I [image-of-a-heart-with-an-arrow-through-it] U.”
The employer investigated immediately. Group meetings were held to discuss the problem. Individual interviews were also conducted and an amnesty was offered in an attempt to encourage the individual or individuals responsible to come forward.
No one came forward. However, a number of workers identified J.D. as being responsible.
When he was interviewed, J.D. denied any responsibility for the carvings. J.D. was fired.
Valentine’s Day Gag
Before the grievance reached the final stage of arbitration, J.D. acknowledged responsibility — though only for the latter two carvings. The carvings were a joke for Valentine’s Day, he said.
The employer said the termination was warranted. J.D.’s actions — whether horseplay or sabotage — violated the employer’s trust and jeopardized its reputation. Public reputation is a critical element in the food industry, the employer said. If a consumer were to purchase a piece of meat that showed obvious signs of being tampered with — let alone having a swastika carved in it — the damage to its business could be significant.
The union argued for reinstatement.
J.D.’s actions were a breach of trust, the Arbitrator said, and his failure to own up immediately and acknowledge his responsibility aggravated the situation. On top of that, his explanation for why he didn’t come forward when he had the opportunity was not credible. This too was problematic, the Arbitrator said.
However, there were significant mitigating factors.
“Notwithstanding the fact that [J.D.] did not fully acknowledge his responsibility, he repeatedly stated that he was sorry and that he would not engage in this kind of activity again. I have no reason to doubt the sincerity of these statements. I also note that the Grievor is a long service employee with 11½ years of seniority. He is also an immigrant and this is the only job he has ever had since arriving in Canada. English is his second language and he has a low level of education. He is married with one child and his wife is expecting a second. One would assume that these factors have brought home to him the gravity of risking his employment by engaging in similar behaviour in the future. On the basis of the evidence before me… I am unable to conclude that the grievor is irredeemable.”
Risk to reputation
As well, the employer had not communicated any policy to employees warning them that this type of activity would necessarily result in discharge, the Arbitrator said.
“The fact that the Employer was prepared to offer amnesty if a worker came forward and admitted to carving the meat, while an understandable investigatory tool, also suggests that discharge is not the inevitable consequence of such actions,” the Arbitrator said.
The Arbitrator acknowledged the employer’s legitimate interest in protecting its good name and how recent outbreaks of listeriosis in the meat processing industry had exposed the vulnerability of the industry’s reputation.
However in view of all the circumstances, the Arbitrator said, the incidents did not justify J.D.’s termination. J.D. was ordered reinstated without compensation.
Reference: United Food and Commercial Workers Canada, Local 175 and A Meat Processing Company. Ian Anderson — Sole Arbitrator. Rebecca Woodrow for the Union. Daniel L. Leone for the Employer. Aug. 22, 2011. 13 pp.
