Former B & W employee wins suit

In a decision dated June 1, 2009, the Labour Relations Board found in favour of William (Billy) Petite of Sydney, Nova Scotia in his suit against the International Brotherhood of Boilermakers, Irons Ship Builders, Blacksmiths, Forgers and Helpers, Local 555 and Babcock and Wilcox Canada Ltd. (B&W).
Petite filed the suit after being dismissed from his position with B&W at SaskPower's Poplar River Power Station (PRPS) in April of 2008.
After his dismissal, Petite was also unable to secure employment in Ontario, New Brunswick and Nova Scotia.
Petite was dismissed from his position at PRPS after an altercation with a co-worker whom Petite felt was unqualified. Prior to the altercation, Petite had been vocal at a meeting with IBEW Local 555 Business Manager Dallas Rogers over some employees being hired from the United States and the compensation being given those employees.
In the 31-page decision, Kenneth G. Love did find "the actions of the union to be arbitrary where incomplete investigation of incident, no statement taken from affected employee, and no grievance filed when employee requests one to filed."
Love ordered "that the union file a grievance on behalf of the applicant with respect to his termination on April 16, 2008," and that the union process that grievance "in a manner that is not arbitrary, discriminatory, and in good faith . . . and that due to the length of the proceedings before the board, the board suggests that the parties consider a mediation process as an initial step in the resolution of this grievance in the hope that settlement may occur."
Furthermore, Love ordered that if the matter goes to arbitration, the expenses be covered by the Union and B & W. Love also ordered the union to pay for Petite's expenses related to the hearing and to pay his legal fees.
While Petite's application to the Labour Relations Board also contained allegations of unfair labour practices, the board and the parties treated the application as principally involving only certain sections of the Trade Union Act.
Love, in his reasons for decision, stated that the applicant was, at no time, made aware of the reason for his termination in Coronach by the employer.
In a letter from the International, on behalf of the employer, to IBEW Local 555 and 73 (a letter which Petite was not sent) claimed that Petite was "very aggressive. . . pushed and uttered threats to (a coworker)." The board ruled that from the evidence presented, the only physical contact between Petite and the co-worker was not a deliberate attempt to injure by the Petite, but an incidental contact due to the co-worker turning suddenly while Petit was pursuing him (during their vocal altercation).
Love also concluded: "Everyone, from Mr. Trebick (B & W site superintendent) to Mr. Rogers leapt, in the board's opinion, to the conclusion that the incident had been solely precipitated by the applicant. As the evidence presented to the board has shown, this was clearly not the case."
Love further chastised Rogers for not handling the situation well and for not filing a grievance on behalf of Petite. "He should have filed a grievance, completed an independent investigation, taken independent advice, if necessary and taken a more reasoned approach to the conduct of the grievance."
Love also ruled that the employer, B & W, treated Petite arbitrarily when he alone was given discipline for the incident and that it should have completed an independent investigation, instead of relying upon statements from supervisors who did not witness the incident.
Petite was elated at the decision.
"As you can see from the decision, both the union and employer were found to have acted wrongly, arbitrarily - unreasonably, in fact - in respect to my dismissal." said Petite.
Petite is anxious to have the matter settled."Presently we are waiting to hear from the opposing counsel . . . to learn if (Ms. Bettyann Cox, counsel for the union) and her client and the employer and their counsel are prepared, without further action, to mediate and/or arbitrate the matter of my losses and damages so that we can have the matter in Saskatchewan settled."
At the same time, the decision is being forwarded to the various other parties to whom we will be looking to recover losses and damages to learn if they will insist on facing litigation or whether they also will see their way to fairly settling our various claims with them." concluded Petite.
Petite says it appears to him there was collusion to keep him from work and cause him harm.
Union Business Manager Dallas Rogers was unavailable for comment.