B.C. worker saved by service, admission at hearing
A B.C. worker with a history of poor behaviour who blew up in a meeting had his dismissal overturned by an arbitrator.
Roberto Vanegas, 60, was an electrician for B.C. Hydro and Power Authority. He was hired in 2008 but developed a pattern of problematic behaviour. He incurred discipline on several occasions, including between 2014 and 2018: a one-day suspension for disrespectful behaviour, a written warning for disruptive and insubordinate behaviour, a 15-day suspension for breach of B.C. Hydro’s alcohol and drug policy, and a written warning for insolent and defiant conduct.
On Sept. 5, 2018, Vanegas was working at a hydro substation with a subforeman and an electrician. The subforeman had switching authority on the assignment.
The load tap changer (LTC) — a mechanical device that carries electrical load current at the substation — was to be left in automatic mode while work was performed, as per the local operating order for the substation. However, while they were working, Vanegas heard the LTC operating and expressed concern to the subforeman, who said there wasn’t a problem leaving it in automatic mode but offered to turn it off. Vanegas argued that the subforeman couldn’t turn it off himself so the latter offered to call the office. However, Vanegas didn’t request the call.
Instead, Vanegas left the work area and called the office himself, as he felt the LTC should be in manual mode. The office advised Vanegas to call his manager, who responded that the LTC could be put in manual mode.
However, the manager wanted to know why Vanegas didn’t talk to the subforeman, so he called a meeting the next day. Vanegas said he hadn’t called a safety stop — a procedure where one employee calls all crew to stop work — because no one had been working at the time.
Vanegas became angry and aggressive, getting up from his chair and yelling — other employees in the office reported that they could hear him. The manager asked him to sit down and said he just wanted to find out what happened. However, Vanegas got up and said he was going home. The manager decided to send him home due to his aggressive behaviour.
B.C. Hydro terminated Vanegas’ employment on Sept. 18 for his behaviour at the meeting and his “history of volatile and aggressive behaviour towards your co-workers and management, your insubordination and your disregard for safety-related workplace policies and procedures” which irrevocably damaged the employment relationship.
The union argued that termination was excessive. Vanegas claimed the manager had been speaking loudly at the meeting and he had become frustrated because he believed he was being accused of something. He also felt belittled when told to sit down.
The arbitrator noted that while Vanegas didn’t call a safety stop as dictated by policy, Venegas was right in that it wasn’t necessary at the time. His failure to follow procedure by calling the office and his manager to discuss a safety concern warranted coaching of proper protocol not discipline, said the arbitrator.
However, the arbitrator found that Vanegas was “agitated, loud and insubordinate” during the meeting. It was only an investigative meeting and Vanegas reacted strongly to the manager’s attempts to sort things out — behaviour worthy of discipline, said the arbitrator.
Vanegas had a disciplinary record with similar behaviour, but he had more than 10 years of service and his conduct in the meeting was spur-of-the-moment. He didn’t take responsibility at the time, but the arbitrator found him to be more aware of his behaviour at the hearing.
B.C. Hydro was ordered to reinstate Vanegas, but with no compensation for lost pay and the time between the termination and reinstatement to serve as a suspension to send “a strong message about his conduct.”
Reference: B.C. Hydro and Power Authority and IBEW, Local 258. Mark Brown — arbitrator. Delayne Sartison, Sarah Dickson for employer. Natalie Gidora for union. Sept. 13, 2019. 2019 CarswellBC 4126
