Employee didn't 'truly appreciate the caution': Arbitrator
Even though he was warned repeatedly, a millwright at a Grande Prairie, Alta., lumber-processing plant was terminated for not properly locking out machinery he was servicing.
Ian McLarty had worked at Canadian Forest Products (Canfor) for a short time (he was hired in September 2015) but had many disciplinary actions on his record when on June 1, 2016, he was fired for being in a “lockout violation.”
But it was not the first time he was cited: on Nov. 3, 2015, and on Dec. 1, McLarty was warned about his lax safety practices:
“Ian, it is imperative that you take safety seriously. Our employees are hired to help achieve the goals of the business and that includes staying focused and performing the work assigned to you in a safe and timely manner,” said the December letter.
On Dec. 30, McLarty was given a one-day suspension, but it was for bringing in his dog to work, which was against Canfor policy.
Three more lockout violations (for not properly turning off all energy sources to machinery) were investigated but none were found to be worthy of any disciplinary actions.
However, on Feb. 14, 2016, McLarty was given a 10-day suspension for yet another lockout violation.
“When we first asked you if you were locked out, you said that you knew you ‘fucked up again.’ However, you later said that you were properly locked out on the MCC (motor control centre) panel rather than on the local disconnect. In essence, you denied being in a lockout breach,” wrote management in his disciplinary letter.
Also, during the investigation, McLarty unlocked a colleague’s locks with his own keys, which was upsetting to the other worker and against company policy.
The culminating incident that lead to McLarty’s firing was on May 30.
McLarty was setting up to work on a machine that required an air pressure lockout when Tim Dika, day-shift supervisor, approached McLarty and he asked him if he had done the proper lockout procedures.
McLarty said he had, but Dika pointed out that he had missed the air valve that was not locked out. McLarty claimed: “I’m not in the bite,” when questioned why he hadn’t locked out.
“He said, ‘OK, I fucked up,’” wrote Dika in his notes immediately after the incident, after he pointed out the procedure matrix printout that illustrated the lockout scheme.
McLarty was sent home pending an investigation and he was fired shortly after.
The union, Unifor, Local 446, grieved both the 10-day suspension and the termination and argued McLarty was subject to “unjust discipline” for the two incidents.
It also called for the arbitrator to not regard the other non-lockout violations and the unproved incidents in making a decision.
Arbitrator Andrew Sims disagreed and upheld the termination.
“(McLarty’s) evidence and his proven infractions both lead me to doubt that his style of working will change, or that he truly appreciates the caution he needs to exercise based on the employer’s rules rather than just his own experience,” said Sims.
By not apologizing, it showed McLarty didn’t fully realize the gravity of the safety situation, said Sims. “More significant, in my view, is concern that, in both the Feb. 14 and May 30 incidents, (McLarty) sought to deflect responsibility away from himself.”
“The employer clearly warned (McLarty) of the consequences of a further lockout infraction following the Feb. 14 incident when they decided (appropriately in my view) not to terminate but to impose a significant suspension instead,” said Sims.
And when he made his own keys for another worker’s locks, this proved McLarty doesn’t possess “respect for the employer’s safety rules and that was his decision to have lockout keys cut for himself rather than going through the employer. This too exhibits a certain ‘I’ll do it my way’ attitude; perhaps based on years of experience, but still insensitive to the employer’s procedures,” said Sims.
Reference: Canadian Forest Products and Unifor, Local 446. Andrew Sims — arbitrator. Michael Wagner for the employer. Gordon Nekolaichuk for the employee. Feb. 23, 2018. 2018 CarswellAlta 471
