Dispute over employees taking cars after shift ends
After he took a company car home, a Richmond, B.C., limousine driver was effectively terminated when the employer refused to sponsor his chauffeur’s permit.
Azhar Bashir had worked at Aerocar Service since 2012, and he had been involved in the Teamsters, Local 31 union organizing effort, which resulted in certification on Aug. 22, 2017.
During the contentious negotiations, the employer was repeatedly accused of bad-faith bargaining and it lost a number of decisions in front of the B.C. Labour Relations Board.
On Oct. 5, Bashir received a message on his car’s digital dispatch system (DDS) that said: “Please note as of this evening no driver can take the cars home unless authorized by management.”
Bashir complained to management and was told on Oct. 10 that the company would monitor the new practice before fully deciding which drivers could take home cars after shifts.
After the union filed a complaint to the labour board, a ruling was issued: “I order the employer to reinstate the policy with respect to the employees’ ability to take home vehicles which was in place prior to the employer’s message which it delivered on Oct. 5, 2017. The employer must do this with respect to all employees, including Azhar Bashir.”
In December, Bashir attended a meeting with Javninder Singh, company owner, Tarek Rostom, general manager, and Randy Vilgrain, COO, to clarify the question of employees taking cars home.
Vilgrain testified that Bashir said he had short-term memory loss, so that is why he sometimes didn’t remember the exact rules, but Bashir said he was given permission in the past to take home cars after working, unless it was before his days off.
On Jan. 24, 2018, Bashir again drove home in a company car after his shift. Another meeting was held on Jan. 25.
Singh testified he became concerned about Bashir’s health due to his reported memory loss and Singh said he needed to be medically cleared before he could resume driving. But Bashir testified he didn’t have any memory issues.
Singh then asked for Bashir’s chauffeur’s permit. They walked outside to his car, which had the permit, and after Bashir said he wouldn’t give up the permit, Singh grabbed a bag with personal belongings and said he would give it back to Bashir when he surrendered the permit.
Bashir called the RCMP who told him what the employer did was not legal and he should demand to get his permit back.
The permit was returned, but without employer sponsorship, it was worthless and Bashir was effectively terminated.
The union grieved the decision and also argued Aerocar violated the labour code multiple times.
It also claimed the company fired him due to his union support.
Arbitrator Koml Kandola upheld the grievance and ordered the company “to immediately reinstate Bashir to his previous position and be made whole, with interest. In this respect, I order the employer to take whatever steps are reasonably necessary to ensure Bashir’s chauffeur permit is properly sponsored and can be utilized to perform driving work for the employer.”
Aerocar was found to have violated the labour code on three counts.
“Previous board decisions have found the employer engaged in a strategy to discredit the union and paint it as an interloper. In the circumstances of this case, I find the employer has continued that strategy. In addition, the employer has done so undeterred by the various board orders against it,” said Kandola.
“I find the employer effectively discharged Bashir from his employment or, at the least, refused to continue to employ him as a driver. Bashir was permitted to take the vehicle home for all of December 2017 and the first three weeks of January 2018 without protest from the employer. The only material change was the union exercised its rights under the code to take a strike vote and to file a section 55 application. Immediately thereafter, Bashir was called in to the Jan. 25 meeting, the practical result of which was that Bashir could no longer drive for the employer,” said Kandola.
And Aerocar’s insistence that it only wanted to ensure Bashir was healthy enough before it returned the permit was “not credible,” according to Kandola.
Reference: Aerocar Service Ltd. and Teamsters Local Union No. 31. Koml Kandola — arbitrator. Kevin Nanne for the employer. David Reynolds for the employee. March 2, 2018. 2018 CarswellBC 537
