CUPE president suspended following fight
Several punches may have been thrown at a union meeting but it was ultimately one hit — hitting "send" — that resulted in Everett Godfrey’s suspension.
Godfrey, the president of the Canadian Union of Public Employees (CUPE) Local 1251, was suspended for three days after he used his employer’s email system to share his opinions regarding a fight that took place during a union meeting.
He grieved the suspension, seeking to be paid all lost wages and benefits affected by the suspension and to have all letters associated with the suspension removed from his files.
On May 9, 2013, the union held a meeting to discuss ongoing negotiations with the New Brunswick Department of Public Safety. During the meeting, an employee identified only as "ML" started to disrupt the meeting, making comments about the union representatives’ families. A request was made for the sergeant-at-arms, who was not present.
Another employee offered to act as sergeant-at-arms, and attempted to escort ML from the meeting. ML attempted to strike the acting sergeant-at-arms, and employees in the area ended up in a shoving match. ML was eventually removed from the premises and the Saint John Police were called to the scene.
On May 11, 2013, Godfrey sent an email through the employer’s email system in order to inform the union membership of the events at the meeting.
"Unfortunately ML decided to make this meeting a platform for his banter and nonsense," the email read in part. "I had hoped that we were old enough and professional enough not to let this happen. The actions of ML at this meeting were nothing short of horrendous. He is… supposed to be a professional person and he carried on like a complete asshole."
The email, Godfrey said, was the result of years of frustration with ML.
Following the email, Godfrey was invited to a meeting with management on June 4, 2013. The following day the employer issued a letter of suspension, telling Godfrey his actions were inappropriate, disrespectful and insubordinate.
The union argued the suspension was too harsh a penalty for a long-time employee with no previous discipline. Because of Godfrey’s condensed work day, the union said, the three-day suspension constituted a loss close to a full week’s wages.
The employer, however, argued suspension was appropriate because Godfrey’s actions were premeditated and deliberate.
He had a chance to consider the email before he sent it to all members of the bargaining unit, including ML. The employer said the disrespectful tone of the email was unacceptable and contrary to its policies on staff conduct and email usage.
Arbitrator Guy Couturier agreed Godfrey’s email was inappropriate.
"In my opinion," Couturier said, "the proper use of the communication system, by and between civil servants in the pursuit of their duties, so as to be appropriate, must be respectful and meet suitable business standards or conventions. It is not to be used as a bully pulpit by those accessing it to speak out on any issue that currently bothers them."
However, Couturier found there were mitigating circumstances to be considered.
Godfrey’s 13 years of service without discipline and the union’s interests in being able to communicate with its membership were important factors, he said.
Couturier also found the employer’s decision to implement punitive measures without ever attempting to engage Godfrey in the "curative phase" of progressive discipline was harsh and disproportionate.
As a result, Couturier substituted the suspension for a written warning and ordered Godfrey be reimbursed for all lost wages and benefits and that the suspension letter be removed from his personnel file.
Reference: The Board of Management of New Brunswick as represented by the Department of Public Safety and the Canadian Union of Public Employees Local 1251. Guy G. Couturier — arbitrator. Michelle Brun-Coughlan for the employer, Marcos Salib for the union. Feb. 21, 2015.
