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RE: Firing Alcoholics - 11/11/2009 11:32:52 AM
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jeff_m
Posts: 3
Joined: 11/10/2009
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quote:
ORIGINAL: tacitus
Jeff, I assume this is an academic exercise? I'm not sure why the union team would even bring up alcoholism as a defense against firing her since if she was driving drunk it would leave the company liable if she had an accident and was found to be under the influence. If the company knew and did nothing about it then they might be guilty of criminal negligence or at least leave themselves open to a hefty civil law suit.
Yea it is sorry about that. Well what we have been told in the class is that if you think they are going to fire you, all you have to say is 'I'm an alcoholic' before Mangement finishes the sentance and they can't because then your on disabilty you don't even have to be.
And she was charged under the criminal code, but I think it was after hours I'll have to check the story again but that would be to easy so I'm not holding my breath. Wouldn't the other team (union) be liable for this though they brought her into the company?
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RE: Firing Alcoholics - 11/12/2009 12:19:31 AM
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jeff_m
Posts: 3
Joined: 11/10/2009
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Hi folks well as I said I will post the case that we are agruing on in class. My side is management and am not looking for a hand out just some tips or ideas I will post some of my ideas that I have on the case so please any help will be grateful.
Okay the case study is 3 pages long so I'll just post the highlights to save time.
Bonaventure food services delivers snake food to convenience stores etc. Chris smyth a tractor trailer driver was hired on May 1 2002. On may 5 2007 she was making a delivery to a tavern the rear passenger side of the trailer struck the tavern roof causing $3000 damage. BFS comped the tavern. The drivers are rep. by the Canadian transport workers union. The collective agreement b/w BFS and the CTW contains a 3 step grievance and arbitration process. grievances are submitted to the supervisor meeting was held w the GM and was referred to arbitration. The procedure allows dismal and policy grievances. The agreement also contains the following provision relating to management rights & disciplines
Article 5 MGMT Rights Basically it says that MGMT can operate and manage the biz and the union recognizes this right. We can hire manage the work force and maintain order and efficiency is the exclusive rights is the exclusive responsibility of the employer provided theres no conflict with the terms of this agreement. We have the right to promote discipline and discharge for causes.
Article 10 Discipline 10.1 Employees can access their disciplinary record upon giving reasonable notice to the employer 10.2 employer shall take disciplinary action against any employee w in 10 working days 10.3 Any unfavourable report concerning an employee shall be withdrawn from employees file after a period of 2 and a half years from the date of the misconduct.
Smyth hadn't made deliveries to the tavern BFS encourages its drivers to record special circumstances about locations, there were no reports When she arrived there was road work in front of the tavern. She decided to back into the laneway beside the building and had workers stop traffic. She knew she hit the building and reported the incident to the tavern and later a standard accident form. in response to a question asking if the accident was preventable. She clicked yes and asked what steps could have been taken to prevent the accident she answered that she could have asked one of the construction workers to guild her into the laneway or taken a better a better look before she attempted to back in or park further away along the road.BFS driver trainer conducted an investigation. When he got there the construction vehicles were gone and a beer truck was in front of the tavern. The laneway was 11 feet wide and the roof of the building projected over the laneway by 16 " trailer is 8.5 feet wide Smyth was disciplined. Prior to this she has 4 minor accidents and had been suspended for driving a tractor trailer with out the required licence.
Accidents
July 5 2002 she backed into a loading dock there was equipment damage a light on the rear trailer was broken May 3 2003 she scraped another truck ironically on bonaventure's lot when pulling into a parking space causing about $800 in damage Aug. 4 she clipped a parked vehicle causing about $900 Feb 5 06 $800 backing into a sign. BFS didn't discipline drivers when no personal injury or less than 1000 property damage. The accidents fell within the limits of the policy BFS didn't discipline Smyth when they occupied.
Oct 3 2006 she was charged under the criminal code while driving her own car outside work hours her blood alcohol level exceed legal limits and licence was suspended under provincial highway legislation. She told BFS about the 90 day suspension. Management indicated that another leave of absence would not be granted if the outstanding criminal charges led to another suspension and would only be employed if she could successfully apply for a non driving position that might be posted.
A trial was scheduled for fall 2007. After the 90 day suspension on Jan 3 07 she got a notice of reinstatement for her license. when BFS checked the reinstatement and found that the license was ST class instead of TT. She needs TT b/c ST only lets her drive straight trucks and was downgraded bc in Jan 06 she forgot to submit a medical report which was due in Dec 05 but said she didn't know bc in the past she just filed medical reports when she renewed and her license had not been up for renewal in Dec 05 she was allowed to drive straight trucks.
Feb 24 07 she reported that she filed the reports and got her TT. Feb 27 BFS got the drivers record and found that she had been suspended Feb 26.
Nov 06 she had been ticketed b/c she didn't wear a seatbelt while traveling as a passenger in a friends car she didn't have the money to pay the fine because she wasn't working and was suspended because she didn't pay she said she didn't know about the consequences of not paying then paid and her license was reinstated. March 1 07 she was suspended for a week for her failure to maintain her license She accepted the suspension and she worked without incident until the day of the accident at the tavern.
Okay heres how I see it this woman is a liability to the company she was hired on May 1 2002 then on may 5 2007 she had her accident making the delivery she's had 4 minor accidents which on there own seem like nothing but starting on July 5 2002 she backed into a loading dock there was equipment damage May 3 2003 she scraped another truck ironically on bonaventure's lot causing about $800 in damage Aug. 4 she clipped a parked vehicle causing about $900 Feb 5 06 $800 backing into a sign. So in those 4 incidents alone shes rung up about 2500 in damage. Not including the damage to the truck on the loading dock, on Oct. 3 06 she was charged under the criminal code because she was driving drunk. Then she didn't have the right license. All shes had done was suspendered for a week because she didn't have the right kind of license. Now from the point of the suspension to the point of the accidents is less than 4 months. Now under Article 5 we do have the right to operate and manage the business as we see fit.
Please any points or suggestions are welcome we are not doing the skit until the 26
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RE: Firing Alcoholics - 11/12/2009 11:33:10 PM
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Ps103
Posts: 12586
Joined: 4/16/2005
From: Here, now
Status: offline
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quote:
Now the management team is worried about the union team bring up she is an alcoholic. Is there any defense that we could use to gether fired or something.
I do not see any justification for keeping someone in a driving job when they cannot control their drinking.
I would talk with the insurance company. Maybe they can schedule daily blood/alcohol tests or something. I am surprised they kept her on after four accidents, anyway. Our old insurance company would have demanded she be removed from that position, anyway--they just would not cover her for her record.
I am pretty sure UPS is union, and I was once behind a UPS truck when a pickup pulled out in front of him and hit his truck. He was so distraught I thought he was injured, but he said he was not hurt, but that he was going to lose his job. I said I had seen what happened and would testify for him (even though it was pretty obvious), but he said that would not matter--that the company's policy was that if a driver was involved in any accident, they lost their job. I did not think that was at all fair, but they sure were not worried about a union doing anything to them. Of course, that was at least 25 years ago, so that may have changed.
But management should definitely get together with the insurance company about that driver.
_____________________________
Fasten your seatbelts...it's going to be a bumpy night.
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