Termination reversed by arbitrator, with conditions
After a kerfuffle between city workers operating a dump truck in a neighbourhood in Burlington, Ont., one was ordered reinstated after an arbitrator decided termination was excessive.
Tom Paglia had worked as a sweeper at the City of Burlington until he was fired in November 2014 following an altercation with another employee a week earlier.
In a residential neighbourhood, Paglia had been operating a sweeper while another unnamed employee was working the dump truck on the same street.
Paglia signalled he wanted the dump truck to clear a path, but when he didn’t, Paglia got out of his sweeper and verbally accosted the driver.
When the driver stepped out of his vehicle, Paglia pushed him. When the driver indicated he would report him, Paglia called him a rat.
However, when the driver reported the incident, Paglia at first denied any misbehaviour.
When the grievance was filed, both the city and Paglia’s union, the Canadian Union of Public Employees, agreed to the facts as presented.
Paglia said he apologized to the driver, the employer and the union, both for his actions and because he initially denied his actions. He promised never to lie to management again and asserted that he now understood how important it is to never act in a manner that is threatening or harmful to other employees at work.
Given the evidence and Paglia’s testimony, Kaplan allowed the grievance and reinstatement, with certain conditions.
"Obviously, violence in the workplace cannot be tolerated. No one should face violence, or the threat of violence, in the workplace," he said.
"These actions justify the most serious disciplinary sanction including, in many cases, upholding termination for just cause. However, in the unique facts of this case, I am inclined to give the grievor another chance."
Due to Paglia’s 26 years of service, coupled with a complete absence of disciplinary record, his family situation and the unlikelihood he'd repeat the offence, Kaplan reinstated the grievor.
He also noted the grievor was only 5 years away from eligibility for an unreduced pension and showed sincere expression of regret and full acceptance of responsibility. Paglia also promised to attend counselling upon his return to work, to deal with any anger issues.
Accordingly, Kaplan ordered Paglia be reinstated but with no compensation, including no benefits, but with no loss of seniority.
Reference: Corporation of the City of Burlington and the Canadian Union of Public Employees (CUPE) Local 44. William Kaplan — sole arbitrator. Jamie Knight for the employer, Dean Mainville for the union. Sept. 1.
