Check list finally amended after 2 suspensions handed down
A log-sorter machine operator — with 35 years of experience at the same location — was suspended three times in 14 months, despite having no previous discipline on his record.
Roy Sandholm worked as a charge-hand at the Campbell River, B.C., location for CIPA Lumber for all but one-and-a-half years during his career with the employer.
But about four or five months after Sandholm was first supervised by a new manager, Darryl Arsenault, he said their relationship started to fray after Arsenault removed the charge-hand designation from Sandholm.
On June 29, 2016, Sandholm and a new charge hand, Bill Walters, arrived at work to begin the day when Arsenault approached.
Arsenault questioned Sandholm about damage to his work vehicle. He reminded both that policy was to inform management of all damage when it happened and not to rely on the mechanic to pass along the information.
Later in the day, Sandholm approached Arsenault because he felt he was unfairly targeted. A heated discussion ensued and Sandholm swore at Arsenault.
Sandholm was given a written letter of warning for his behaviour.
On Aug. 30, Sandholm and Arsenault met again to discuss more vehicle damage Sandholm had incurred that wasn’t reported.
Sandholm was given a one-day suspension on Aug. 31 and a letter: “Upon inspection of the equipment check sheets at the end of the shift on Aug. 30, it was very clear that you did not complete it.”
On Aug. 9, 2017, Arsenault was informed about a problem with Sandholm’s vehicle. When Arsenault asked why he didn’t report the damage, he said he only took the machine to the mechanic.
During an Aug. 14 meeting, Arsenault imposed a three-day suspension.
After the meeting, the daily check list was amended and a notice was added to the top of the page, which read: “All Equipment Damage Must be Reported to the Manager.”
On Aug. 30, Sandholm arrived at work without safety boots. When a logging truck arrived, he helped while wearing slip-ons.
About one-and-a-half-hours into his shift, Arsenault dropped by to see how Sandholm was doing. When he saw what he was wearing on his feet, Arsenault told Sandholm boots were required on the job site and he might have broken his foot had a 40-pound crimping gun he was using dropped on his feet.
Sandholm wanted to leave the site to retrieve his boots, but he was given a five-day suspension.
The union, United Steelworkers (USW), Local 1-1937, grieved the discipline and argued Sandholm wasn’t aware that vehicle damage had to be reported to management until the check list was modified.
And because Sandholm had never been disciplined for not wearing boots, the five-day suspension was excessive.
Arbitrator Michael Fleming agreed and ordered a “written warning should be substituted for the Aug. 14, three-day suspension. I also find that a two-day suspension should be substituted for the Aug. 31 five-day suspension.”
The requirement by management that all damage must be reported directly to them was not made clear enough, said Fleming.
“While I accept it is likely that on June 29, 2016, Arsenault mentioned to Walters and (Sandholm) he wanted damage to be reported to him, I am not satisfied (Sandholm) heard it or that it was expressed or understood as a clear, unequivocal direction. The conclusion there was at least some ambiguity is reinforced by the fact Walters only recorded the damage to his vehicle on the check list and on June 30, 2016, Arsenault found it necessary to advise Walters that in future, he should report all damage to management. I am satisfied (Sandholm) was not part of that conversation.”
And in cutting down the five-day suspension, Sandholm was being unfairly punished, said the arbitrator.
“(Sandholm) did not have any previous discipline involving breaches of the PPE (personal protective equipment) policy. I accept (Sandholm) was in a rush on the morning of Aug. 30, 2017, and did not realize he had forgotten his work boots at home until he arrived at work. I am satisfied it was a mistake and was not premeditated.”
Reference: CIPA Lumber and United Steelworkers, Local 1-1937. Michael Fleming — arbitrator. Brandon Hillis for the employer. Sandra Banister for the employee. Sept. 28, 2018.
Roy Sandholm worked as a charge-hand at the Campbell River, B.C., location for CIPA Lumber for all but one-and-a-half years during his career with the employer.
But about four or five months after Sandholm was first supervised by a new manager, Darryl Arsenault, he said their relationship started to fray after Arsenault removed the charge-hand designation from Sandholm.
On June 29, 2016, Sandholm and a new charge hand, Bill Walters, arrived at work to begin the day when Arsenault approached.
Arsenault questioned Sandholm about damage to his work vehicle. He reminded both that policy was to inform management of all damage when it happened and not to rely on the mechanic to pass along the information.
Later in the day, Sandholm approached Arsenault because he felt he was unfairly targeted. A heated discussion ensued and Sandholm swore at Arsenault.
Sandholm was given a written letter of warning for his behaviour.
On Aug. 30, Sandholm and Arsenault met again to discuss more vehicle damage Sandholm had incurred that wasn’t reported.
Sandholm was given a one-day suspension on Aug. 31 and a letter: “Upon inspection of the equipment check sheets at the end of the shift on Aug. 30, it was very clear that you did not complete it.”
On Aug. 9, 2017, Arsenault was informed about a problem with Sandholm’s vehicle. When Arsenault asked why he didn’t report the damage, he said he only took the machine to the mechanic.
During an Aug. 14 meeting, Arsenault imposed a three-day suspension.
After the meeting, the daily check list was amended and a notice was added to the top of the page, which read: “All Equipment Damage Must be Reported to the Manager.”
On Aug. 30, Sandholm arrived at work without safety boots. When a logging truck arrived, he helped while wearing slip-ons.
About one-and-a-half-hours into his shift, Arsenault dropped by to see how Sandholm was doing. When he saw what he was wearing on his feet, Arsenault told Sandholm boots were required on the job site and he might have broken his foot had a 40-pound crimping gun he was using dropped on his feet.
Sandholm wanted to leave the site to retrieve his boots, but he was given a five-day suspension.
The union, United Steelworkers (USW), Local 1-1937, grieved the discipline and argued Sandholm wasn’t aware that vehicle damage had to be reported to management until the check list was modified.
And because Sandholm had never been disciplined for not wearing boots, the five-day suspension was excessive.
Arbitrator Michael Fleming agreed and ordered a “written warning should be substituted for the Aug. 14, three-day suspension. I also find that a two-day suspension should be substituted for the Aug. 31 five-day suspension.”
The requirement by management that all damage must be reported directly to them was not made clear enough, said Fleming.
“While I accept it is likely that on June 29, 2016, Arsenault mentioned to Walters and (Sandholm) he wanted damage to be reported to him, I am not satisfied (Sandholm) heard it or that it was expressed or understood as a clear, unequivocal direction. The conclusion there was at least some ambiguity is reinforced by the fact Walters only recorded the damage to his vehicle on the check list and on June 30, 2016, Arsenault found it necessary to advise Walters that in future, he should report all damage to management. I am satisfied (Sandholm) was not part of that conversation.”
And in cutting down the five-day suspension, Sandholm was being unfairly punished, said the arbitrator.
“(Sandholm) did not have any previous discipline involving breaches of the PPE (personal protective equipment) policy. I accept (Sandholm) was in a rush on the morning of Aug. 30, 2017, and did not realize he had forgotten his work boots at home until he arrived at work. I am satisfied it was a mistake and was not premeditated.”
Reference: CIPA Lumber and United Steelworkers, Local 1-1937. Michael Fleming — arbitrator. Brandon Hillis for the employer. Sandra Banister for the employee. Sept. 28, 2018.
