Disciplinary measure: lock-out, once again

An oven operator challenges the 3-day suspension imposed on him for neglecting to lock out his bread slicing machine before a cleanup operation, in accordance with the employer’s policy, thus jeopardizing his own safety. According to the arbitrator, the employee thus showed a deliberate disregard for safety and/or recklessness pure and simple, as well as a lack of fundamental judgment at work. His action bespeaks of wanton carelessness when it comes to both his own and co-workers’ safety. His relatively high level of seniority, i.e. 5 years, constitutes an aggravating factor, as does the fact that he never acknowledged any misconduct on his part, nor the seriousness of this misconduct, since he never claimed to have forgotten to lock out. He in fact went as far as challenging the appropriateness of this safety regulation. The suspension is therefore upheld. Boulangerie Gadoua ltée v. Travailleuses et travailleurs unis de l’alimentation et du commerce, Local 501 (T.U.A.C.) , DTE 2008T-685 (T.A.) Mr. Noël Mallette (Nov., # 12)