Arbitrator finds acting as a union representative gives worker increased leeway
Acting as a union representative can mean a worker finds himself butting heads with his own employer.
Jason Budarick worked as a haul truck driver at Teck Highland Valley Copper (HVC) in Logan Lake, B.C., before his Jan. 19, 2016, termination.
“You willfully failed to follow the direction of supervision on multiple occasions. In addition, you have directed the workforce without the authority to do so and have deliberately undermined supervisory authority. Finally, you have demonstrated consistent insolence and dishonesty and have failed to accept accountability for your actions,” said the letter detailing his firing for cause.
On June 23, 2014, Budarick attended a meeting with Andrew Baker, general supervisor in mine operations at Teck HVC. Budarick was given a warning but no formal discipline.
After the meeting, Budarick filed a bullying grievance against Baker. He said that earlier discipline for falling asleep on the job was too harsh, as many other workers did the same without consequences.
Budarick also sent an email to Baker regarding a potential safety violation at the plant and directly spoke with Greg Brouwer, operations manager at Teck HVC, about Baker’s conduct.
On Dec. 15, Budarick filed six health and safety grievances regarding “near misses” between trucks at the mine. A further six grievances were filed on behalf of the union local office.
Baker contended the 12 grievances were intended to “bury the employer in paperwork,” by prompting multiple investigations.
On April 15, 2015, Baker and Budarick again met to discuss the previous few months’ worth of incidents. He was told the “benefit of the doubt” would no longer be given and the next incident could result in formal discipline.
Tyler Boice, mine supervisor, formally suspended Budarick in August for encouraging illegal strikes earlier in the month. Budarick served a one-day suspension.
The next incident occurred in September. Budarick was told to attend a meeting acting as shop steward but he took a detour through the plant, which was a violation of the mine’s safety rules requiring all workers to be accounted for at all times.
Budarick’s reasoning for cutting through the plant was to find another shop steward to fill his place as he was interested in “stepping back” from his position as union representative.
The final incident concerned an alleged message delivered via the truck messaging system to a driver, ordering him not to use the washroom at the end of a shift.
Budarick accused a supervisor, known only as “Mr. Pitre,” that the message was inappropriate and as union representative, he wished to take umbrage with him.
He approached the supervisor in a public area and berated him repeatedly, accusing him of committing a human rights violation.
Because of the stress of the messaging incident, Budarick took a medical leave and returned to work Jan. 17, 2016. However, he was suspended by the company and told to go home.
Two days later, a meeting was held to discuss the November incidents and his behaviour. Budarick refused to take responsibility and was terminated.
Teck HVC accused Budarick of “maliciously attempting to publicly embarrass Mr. Pitre without confirming facts or evidence with others.” The company argued Budarick acted as an employee, not a shop steward, during the previous incidents and, as a result, the relationship had deteriorated so badly it could not continue.
But when Budarick confronted the supervisor to discuss the messaging incident, he was within his rights as a shop steward, according to arbitrator Corinn Bell.
“Comments and behaviour that might otherwise result in discipline are treated differently when made by a union representative in the course of his or her union duties, even when the union representative is also an employee,” said Bell.
“I do find the following: he acted on incorrect information; he acted before confirming the allegations or researching relevant policies and/or laws; and he acted in a public venue. But, I do not find that he acted dishonestly in this interaction,” said Bell.
“I am satisfied that he was acting with bona fide concern for the well-being of Mr. Williamson, a union member, in his capacity as a shop steward in this public meeting.”
Budarick was ordered reinstated, with only a one-shift suspension for the culminating incident.
Reference: Teck Highland Valley Copper and United Steelworkers, Local 7619. Corinn Bell — arbitrator. Keri Bennett for the employer. Stephanie Drake for the employee. Sept. 7, 2016.
