RAILWAY OFFICE OF ARBITRATION
& DISPUTE RESOLUTION
CASE NO. 3933
CANPAR TRANSPORT L.P.
UNITED STEEL WORKERS (LOCAL 1976)
The dismissal of
Mr. Mike Terzo on
JOINT STATEMENT OF ISSUE:
The Union requested Mr. Terzo be reinstated immediately without loss of wages, benefits and/or seniority.
(SGD.) D. NEALE (SGD.) L. FUACO
VICE-PRESIDENT VICE-PRESIDENT, OPERATIONS
There appeared on behalf of the Company:
L. Fuaco –
D. Johnson –
C. Mathewson –
And on behalf of the
D. Neale –
R. Pagé –
D. Byfield –
A. Therrien –
AWARD OF THE ARBITRATOR
before the Arbitrator establishes, on the balance of probabilities, that the
grievor, Mr. Terzo, actively attempted to instruct at least two employees to
slow down production as a means of extending the length of the employees’
shift. Statements provided by an undercover agent posing as an employee as well
as employee Anil Persad, amply confirm the allegation of the Company. The
record further discloses that those statements were properly provided to the
The deliberate slowing down of work, for the sole purpose of extending payable hours, is of itself a most fundamental denial of an employee’s obligation of fidelity to his or her employer. In the Arbitrator’s view, it goes to the root of the employment contract, and can fairly be characterized as a form of non-violent sabotage.
While the grievor is not of long service and does not have an extensive disciplinary record, his actions in deliberately organizing a slowing down of production is among the most serious possible of industrial relations infractions. I am satisfied that in the circumstances the bond of trust essential to the employer-employee relationship has been breached and that this is not an appropriate case for a substation of penalty.
For all of the foregoing reasons the grievance is dismissed.