Second chance for pot-smoking worker

The grievor could prove that he was making serious efforts to break his marijuana dependency and the Arbitrator found he deserved reinstatement with conditions.
By Mark Rogers
|Canadian Labour Reporter|Last Updated: 01/19/2012

A worker was fired after he was discovered smoking marijuana during a work break. The union grieved.

A.W. worked as a Go Packer at an insulation manufacturing company. A.W. worked in close proximity to numerous industrial machines. His job was considered safety-sensitive. He had three and one-half years’ service when he was fired in February 2011.

At about 2 a.m. during the night shift on Feb. 3, 2001, A.W. was taking a break outside smoking. A supervisor approached and asked A.W. what he was doing. When A.W. replied that he was smoking a cigarette, the supervisor replied that it smelled like “weed.” A.W. offered no denial and said, “Do you think so?”