B.C. forklift operator terminated after denying he damaged conveyor belt

Spreading rumours ‘serious employment offence’: Arbitrator

Even though he was seen via closed-circuit television (CCTV) footage running a forklift into a conveyor belt, an operator refused to admit his actions — leading to his termination.
On June 23, 2017, Michael Pederson was operating his machine at the Langley, B.C., office of CKF, a pulp and paper company. He had worked at the company since 2005, but on that day, Pederson drove his forklift into a steel frame so hard that a large concrete block was dislodged.
Afterward, Pederson was seen pushing the block back into place, as it was hanging at a dangerous angle.
Pederson later reported the damage to management, but he denied responsibility and said the steel frames had been damaged in 2016 and never fixed. But management viewed the CCTV footage and confirmed it was Pederson who caused the damage on June 23.
A meeting was held on July 1 to discuss the incident. Pederson again denied he broke the frame but CKF rescinded his forklift license and sent him home while it investigated.
“This is wrong, I didn’t do anything wrong. Last time, when I hit the conveyor, I admitted it. If I did anything wrong, I would admit it,” said Pederson, according to notes taken by Travis McLean, operations manager.
During the meeting, Pederson became agitated and levelled accusations against coworker Scott Menzies. He said that Menzies threatened: “I’m going to get you guys,” on June 24. As well, Pederson said Menzies and coworker Glen Coombs stole materials and equipment from the company to use on coworker Ken Schwarz’s boat.
Pederson reasserted these allegations to HR manager Julie Raymond via text at 10 p.m. on July 1, said the employer. But Pederson claimed that he was on antidepressant medication and was drinking alcohol that day, and he didn’t remember sending the text. 
While he was off work, Pederson filed two complaints with WorkSafeBC that alleged the employer tried to force him to perform unsafe work and that he was “psychologically messed up. Cannot sleep, cannot eat, crying.”
Pederson took time off work for medical leave in August and September. 
Pederson was dismissed by CKF on Oct. 5. “Your actions are a serious violation of the company’s code of business ethics and constitute a severe breach of faith. These cumulative series of significant work-related matters have left the company with no alternative but to terminate your employment immediately,” said the letter. 
The union, Teamsters, Local 213, grieved the firing. It argued Pederson’s 12 years of seniority and only one incident in the past (also for damaging company property) was not enough to justify termination.
Arbitrator Robert Pekeles disagreed and dismissed the grievance. 
“I acknowledge that Pedersen had 12 years of service with the employer, with one two-day suspension on his record. In other circumstances, this would be an important mitigating circumstance. However, in all the particular circumstances of the present case as described above, I am unable to conclude that the employer’s decision to dismiss Pedersen was an excessive response,” said Pekeles.
By not acknowledging his actions, the case was clearcut in favour of the firing, said Pekeles. “The June 23, 2017, incident was the second forklift incident that he was involved in in two years. He received a two-day suspension for the 2016 incident and was retrained on the operation of the forklift. The fact that he again drove the forklift carelessly in 2017, after having been disciplined for that same offence in 2016, and particularly his failure to take responsibility for the 2017 incident, does not give me confidence that further corrective discipline would work.”
As well, Pederson’s “allegation of theft against Coombs and Menzies, based on nothing more than rumour, was a serious employment offence. That allegation against Coombs and Menzies, along with his failure to accept responsibility for the June 23 incident, leads me to firmly conclude that the employment relationship cannot be restored with a lesser form of discipline,” said Pekeles.
Reference: CKF and Teamsters, Local 213. Robert Pekeles — arbitrator. Israel Chafetz for the employer. Bryan Savage for the employee Feb. 20, 2019.

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