Introduction to the case
Northern Timber Company works wood cutting locales in province remote zones. Workers are reached there for 14 working days and after that come back for 14 days off. They are lived in trailers gave by the organization. They are secured by an aggregate understanding between the organization and the Timber Workers Union. The organization recruit timber cutter in 2005 named with Hank Bradford. Throughout his work, Bradford works a cutting apparatus and other conceivably dangerous equipment. Preceding being procured, Bradford was prompted that no alcohol and drugs were allowed on organization property, including the living arrangements possessed by representatives. The organization received this approach after it was resolved that a worker who was killed at work due to taking alcohol the night prior to a mishap. In June 2010, there was an occurrence in which a timber cutter was extremely harmed.
A consequent examination verified that weed in his trailer before the mischance the worker had smoking marijuana. The organization and the union issued a joint declaration to representatives as takes after:
The organization and union are focused on the security of representatives. People who have been taking drugs and alcohol are a danger to themselves as well as other people. Representatives must be ready and wellbeing conscious. There were numerous incidents in which representatives have been discovered to be in control of illicit medications or alcohol on organization property. It has been resolved that a few representatives are utilizing illicit medications such as marijuana on organization property. The organization and the union are concerned work the utilization and ownership of medications and liquor. This is an update that unlawful medications and liquor are not allowed on organization property whenever. This incorporates a worker's living arrangement. The organization's strategy is that the utilization or ownership of unlawful medications or alcohol on organization property is basis for prompt termination.
The organization gave a duplicate of the declaration to every worker and obliged representatives to sign an affirmation that they had gotten the announcement. Bradford marked an affirmation that he had gotten the announcement. On August 10, a security gatekeeper thought he noticed marijuana in the region of Bradford's trailer. The security watchman reported this to the safety officer, and together they examined. When they thumped on Bradford's entryway and he opened it, the scent of marijuana exuded from Bradford's trailer. Bradford permitted the security gatekeeper and wellbeing and security officer to look his living arrangement. They discovered a pipe, marijuana, and two organization hand instruments.
The following day Bradford was assembled to a conference with the site chief, Bradford's administrator, and the safety officer. At the meeting, Bradford conceded that the marijuana took from his home was his and he was smoking it. The health and security officer asked Bradford how frequently he smoked cannabis. Bradford expressed that he had smoking weed for more than 10 years and indeed he smoked a few joints consistently, incorporating one in the morning before he went to work . The administration agents reminded Bradford about the organization's worker help arrange for that was accessible to representatives. The site director recommended that Bradford had been taking organization apparatuses to pay for it. Bradford denied that he had stolen any organization property and expressed that he once in a while took apparatuses back to his living arrangement toward the end of the workday as opposed to returning them to an instrument bunk. At the point when Bradford was reminded that organization strategy obliged all instruments to be returned toward the end of every workday, he didn't answer.
After Bradford left the meeting, the administration group inspected the circumstance. It was concluded that Bradford was not included in any past wrongdoing or wellbeing and security infringement; in any case, a choice was made to fire his occupation. Inside of a week of Bradford's end, he looked for treatment for marijuana utilize and joined Narcotics Anonymous. The union answered to the superintendent that Bradford had refrained from cannabis use for the past 10 days and asked for the executive to reevaluate his end. In answer, the organization demonstrated that on the grounds that Bradford had damaged the zero-tolerance strategy, and the wellbeing and danger, the termination would happen in any case.
Ontario Labor Relations Board
The Ontario Labor Relations Board is a free, semi legal tribunal ordered to intervene and mediate a variety of occupation and work relations-relevant matters under various Ontario statutes. The Board began in 1943, when the Ontario Government passed the “Collective Bargaining Act”, one of the first endeavors in Canada to found a compelling plan of necessary aggregate bargaining.
The Board is an autonomous tribunal taking decisions truly based upon the confirmation displayed and entries made to it by the gatherings, and upon its understanding and determination of the pertinent enactment and statute. It assumes a key part on the employment relations administration in Ontario and empowers pleasant relations between head, representatives and unions by managing matters before it as quickly and as decently as sensibly conceivable.
A noteworthy capacity of the Board was, and, all things considered, still stays, guaranteeing exchange unions as bargaining operators. In June 1980, mandatory registration of union contribution was presented, similar to the qualification of all workers in a bartering unit to take an interest in combination and strike votes. Provisions were additionally made for the Minister of Labor to direct a vote of the representatives in a bartering unit on their executive's last offer at the demand of their owner.
Notice of termination
August 11, 2010
Hank Bradford
213 Northern Timber Company Residences
Dear Hank,
This letter is a consequence of yesterday examining your break in contract, and along these lines your service with Northern Timber Company is ended.
You didn't preclude your infringement from securing your break in contract yet confessed to breaking it for as long as 10 years. This is conduct that can’t be tolerated. Installment for your paid time off will be incorporated in your last paycheck to your home or you can make courses of action with your director to lift it up. You can expect different advantages status letters that will layout the status of your advantages upon end .
You will need to stay with the educated of your contact data so we have the capacity to give data you may require later on, for example, your W-2 structure.
If you don't mind let us know whether you can help amid your move.
Respects,
Northern Timber Company
Documentation required for further proceedings
Worker Grievance Form
Worker name: Hank Bradford
Hiring date: 2005
Occupation title: Timber cutter
Contract procurement infringement: ownership of unlawful drugs on organization property.
Alleviation asked for: to be reestablished
Sign by: hank Bradford
As a manager argument made to the arbitration
Northern Timber Company
Dear Employees,
The organization and the union are focused on the wellbeing of workers. People who have been taking alcohol or utilizing unlawful medications are a danger to themselves as well as other people. Representatives must be ready and security cognizant at work. There have done before in which workers have been discovered to be in control of unlawful medications and liquor. This is an update that illicit medications and alcohols are not allowed on organization property whenever; this incorporates a representative's home. The organization's strategy is that the utilization or ownership of illicit medications or liquor on organization property is foundation for prompt termination.
Union officer argument to arbitrator
April11, 2010
Dear management
I want to make Bradford employment reinstated as because there is no history related to him for any misconduct or violated any company code of conduct and also he fully done his work daily with dedicative element. You mention the presence of company tool in his home as the basis of misconduct but there is no induction to having that tool for any misconduct or illegal intention as well. Bradford admit his mistake immediately make him as relaxation regarding punishment to violate company policy so it’s not appropriate to directly terminate him. According to the Human rights act prohibits discrimination of physical or mental disabilities you cannot dismiss him.
Arbitrator decision with reasons
Northern Timber Company vs. Bradford
Dear union/ council,
I’m appoint here as an arbitrator regarding this particular case. The arbitrator is informing and justifying you the decision regarding this case.
Northern Timber Company can't hazard putting its laborers in peril once more. In this way it is wrong to rehire Bradford. Along these lines as the judge for this case Hank Bradford’s end stands, he broke numerous standards at work, and conflicted with a no special case arrangement. Since Bradford was working with substantial apparatus while high he places others in risk. We can't chance for this to happen again so we won't be letting Hank Bradford come back to work.
Thank you so much,
Sincere Regards,
Arbitrator officer
Bibliography
Antoine, T., Craver, C., & Crain, M. G. (2011). Labor relations law: Cases and materials. Lexis Nexis.
Holley, W., Jennings, K., & Wolters, R. (2011). The Labor Relations Process. Cengage Learning.
Kalleberg, A. L. (2000). Nonstandard employment relations: Part-time, temporary and contract work. Annual Review of Sociology, 341-365.
Suffield, L. (2005). Labour Relations. Pearson Prentice Hall.
Labour Relations Act. (n.d.). Retrieved 07 12, 2015, from Ontario Labor Relations Board: http://www.olrb.gov.on.ca/english/public.htm
