Employee A - White male, age 35
Job Title Vac Truck Operator
Rate of Pay $22.65 / hr
Seniority – 7 years
Employee Record – Good
Employee B – White male, age 37
Job Title – Vac Truck Operator
Rate of Pay - $22.65 / hr.
Seniority – 4 years
Employee Record – Good.
The Employer is a Nation-wide Company involved in Industrial cleaning, waste recycling and waste disposal
The Unit involved here employs eleven people doing toxic waste disposal.
They use Vacuum Trucks to empty tanks of liquid toxic waste into a tank on the truck and haul it to a disposal site.
In mid-afternoon the two employees were returning to the shop after completing a job. The manager wanted them to drive to the site of another customer to remove some waste and was waiting for them in the yard.
As soon as they opened the doors of the truck a cloud of marijuana smoke came billowing out of the cab. When he confronted them about it, they both admitted they had been smoking up in the truck (That’s before it was legal in Ontario)
He sent them home and told them to report in to the office the next morning. He called a cab for them because he didn’t want them to drive home.
When they reported in the next morning, the boss fired them both.
Both employees filed grievances alleging improper discharge. They both asked to be reinstated with full redress for all lost wages and benefits.
Do the grievances succeed?
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One More Case
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MotorCityRadioFreak
- Posts: 6459
- Joined: Wed Jul 29, 2020 6:26 am
- Location: Warren, MI
Re: One More Case
All depends on if there was a zero tolerance drug policy. If there was, then I don't think it would succeed. Then again, I don't know Ontario law.
They/them, non-binary and proud.
Remember that “2000 Mules” was concocted by a circus of elephants.
The right needs to stop worry about what’s between people’s legs. Instead, they should focus on what’s between their ears.
Audacity sucks.
Remember that “2000 Mules” was concocted by a circus of elephants.
The right needs to stop worry about what’s between people’s legs. Instead, they should focus on what’s between their ears.
Audacity sucks.
Re: One More Case
A few days after the incident, The Company's HR manager out of Hamilton called me. Said they didn't want to spend a lot of money arbitrating these cases and would like to discuss a settlement. He would be coming to town the next week and he asked if I could meet with him and the two grievors.. He was a pretty decent guy. I had worked with him a few times.
At the meeting he offered each of the grievors one of three choices.
1 - Take your chances at arbitration.
2 - Come back to work, enroll in a drug rehab program, and agree that, for the next two years, you will submit to random drug tests
3 - Take six weeks pay and go away.
The manager left us alone in the office to discuss it. I told the guys their chances at arbitration were not good. Even if the arbitrator could be convinced to reinstate them, it would probably be a conditional reinstatement similar to what the Company was offering them.
I advised them that #2 was really their best option, but only if they were prepared to fully commit to it. I told them that if attending a lot of dorky meetings wasn't their thing, then they should just take the money and move on.
Employee #1 grabbed the money. He already had a job with the Company's competitor down the road.
Employee #2 signed up for offer #2.
Over the next two years he didn't enroll in any program. The Company never subjected him to any drug tests. The last I heard, he's still employed there.
At the meeting he offered each of the grievors one of three choices.
1 - Take your chances at arbitration.
2 - Come back to work, enroll in a drug rehab program, and agree that, for the next two years, you will submit to random drug tests
3 - Take six weeks pay and go away.
The manager left us alone in the office to discuss it. I told the guys their chances at arbitration were not good. Even if the arbitrator could be convinced to reinstate them, it would probably be a conditional reinstatement similar to what the Company was offering them.
I advised them that #2 was really their best option, but only if they were prepared to fully commit to it. I told them that if attending a lot of dorky meetings wasn't their thing, then they should just take the money and move on.
Employee #1 grabbed the money. He already had a job with the Company's competitor down the road.
Employee #2 signed up for offer #2.
Over the next two years he didn't enroll in any program. The Company never subjected him to any drug tests. The last I heard, he's still employed there.
I started out with nothing and I still have most of it.