UFCW Local 175 v Cargill Limited (termination of employment)

In this award of Arbitrator Peter Chauvin, the United Food and Commercial Workers Canada, Local 175 (“the Union”) grieved that Cargill Limited (“the Employer”) wrongfully terminated an employee on the 31st anniversary of his employment for parking his motorcyle in a large enclosed area that served as a pedestrian entrace to the workplace. The Union also grieved a three-day suspension which was issued to the grievor a year prior for a safety infraction that occurred on the job.

The Employer argued that both instances of discipline were warranted, as the workplace, a meat production facility, took safety measures very seriously, and followed a strict disciplinary regime in which safety infractions resulted in a three day suspension, followed by termination of employment for any subsequent infractions while the three day suspension was on record.

The Union argued that the discipline was excessive in all of the circumstances, and that the Grievor’s employment should be reinstated.

In the result, the Arbitrator dismissed the three day suspension grievance, but upheld the termination grievance. The Arbitrator substituted the termination of the Grievor’s employment with a five day suspension.

PDF: UFCW Local 175 v Cargill Limited (termination & suspension grievances)