Worker urged not to 'model old-school, behaviour': Arbitrator
A long-term auto mechanic was terminated after a series of incidents with other workers where he physically restrained another worker and insulted him.
Rod Mager worked at Coast Mountain Chevrolet Buick GMC in Smithers, B.C., since 1989. He had a reputation as being ill-tempered with other workers and he used profanity on a regular basis.
Between 1989 and 2005, only one disciplinary notice was placed into his file (from 1996). But in 2005, a written warning was given after he used profanity in an exchange with an office employee.
Later, in 2009, a technician objected to a calendar that Mager hung in the lunchroom. Dennis Groves, general manager and dealership owner, ordered Mager to stop the behaviour.
The following day, on May 13, Mager pushed the same technician. Groves sent Mager home. He placed a note in his employee file, but it wasn’t signed and it was considered a disciplinary note.
Groves testified that because Mager was highly skilled and productive, Groves often overlooked his poor behaviour.
In 2016, Mager and his wife separated. On Oct. 28, Mager and another technician got into a disagreement as Mager insulted and threatened him.
Groves issued a disciplinary letter on Nov. 1 that read: “Threats at the workplace are not acceptable and will not be tolerated. Any further incidents will result in suspension.” This letter was signed.
More complaints ensued and on Dec.19, Groves issued another letter that gave Mager two choices: Take time off until Jan. 9, 2017, or be dismissed immediately.
It was signed by Mager and he went home for two weeks.
After returning to work, Mager again became involved in an altercation with the same technician on Feb. 2, 2017. Another note was placed in his file, but no disciplinary action was taken.
The final event happened on April 26 when Mager approached another technician about parking in his “fucking parking spot” and he said he better move the vehicle. Mager called him a “fucking idiot” after he refused to move.
No manager spoke to Mager and the following day, he encountered the same technician in the stairwell and made physical contact and called him a name.
Scott Groves, service manager and son of the owner, issued a dismissal letter on April 28 that read: “You have had many written and verbal reviews regarding your negative and abusive behaviour towards other employees. To date, these reviews and suspension have failed to have a positive impact on your behaviour.”
However, on May 3, Groves met with Mager and advised him he could return to work, but only if he promised to modify his behaviour moving forward.
If all employees agreed after a meeting, Mager could return.
A May 9 meeting was arranged and Mager promised to behave and he explained he was going through therapy to help him cope with his marriage dissolution.
Afterward, three of the eight employees rejected a return for Mager and on May 10, the decision to terminate was made.
The union, United Steelworkers Local 1-2017, grieved the termination and argued the limited number of disciplinary statements in a long-serving employees’ file didn’t justify termination.
Arbitrator James Dorsey upheld the grievance and ordered Mager serve a two-week unpaid suspension and be reinstated.
“I make this determination because of the supportive consideration and accommodation he has received from Dennis, Scott and Cameron Groves over the years and to impress upon him the responsibility he must take for the aggravation they have endured,” said Dorsey.
Mager’s age and generation was no excuse for his behaviour, said the arbitrator.
“Hopefully, Mager will learn from this discipline that his role is not to model old-school, male-workplace behaviour and to resent and resist change, but to be a mentor, or, at least a model, for new technicians, even if he remains taciturn and abrupt in his manner,” said Dorsey.
Management should have been more diligent in its efforts to correct Mager’s past actions, said Dorsey. “One consequence of Mager’s limited disciplinary record is that the misconduct in April 2017 cannot be treated as a culminating incident justifying dismissal when it would not otherwise justify dismissal.”
Reference: Coast Mountain Chevrolet Pontiac Buick GMC Ltd. and United Steelworkers Local 1-2017. James Dorsey — arbitrator. Glenford Emerson Greene for the employer. Colin Gusikoski for the employee. Sept. 1, 2017.
