The City of Estevan's firing of a probationary employee has been upheld by a provincial arbitration panel.
In a 55 page ruling which was recently posted on the Internet, a three person panel determined the City was justified in its March 31, 2010 dismissal of Noah Baird for a handful of transgressions, chief among them incessant texting while on the job.
Baird, who was fired towards the end of his probation period, fought the decision, contending that the City erred in not allowing him to have proper union representation when he was fired. The Canadian Union of Public Employees, which represented Baird at the hearing, also said the City did not follow its progressive discipline policy and that the decision was unfair as Baird was fired for offences that others had not been punished for.
During the two-day hearing, which was held Jan. 17 and 18 in Estevan, evidence was presented by City of Estevan employees Gloria Johnson and Owen Green that Baird was a reasonably solid employee during the early portion of his employment, and was even promoted to a higher paying position, but later became a constant issue for management.
In her testimony, Johnson noted that although her initial impressions of Baird were positive, after three weeks o the job she found him "less helpful" and that his attitude and conduct had progressively worsened. She also said he was always anxious to check his cell phone for messages and to send messages. Johnson also testified that she had to speak with Baird about sleeping in a City truck outside a local restaurant, a charge that Baird denied.
Although there were other complaints about such things as inappropriate use of handheld radios, leaving early for breaks and general work initiative, the ruling noted the primary complaint about the 20-year-old was his constant texting and checking of texts. Johnson said Baird was repeatedly told to put his phone away but would simply lower it to his side and continue checking it.
In his defence, Baird noted he was checking the phone because his boss at his second job at the local radio station often texted. Johnson said she asked him to tell his boss to not text him at work. She also recalled one instance when Baird was filling a truck mounted water drum and was taking longer than expected to perform the task. When she went to check on Baird, she found him at the truck with the "radio blaring and texting on his cell phone, oblivious to the fact that a valve near the bottom of the water drum was open and the water was just running out of the barrel."
Baird admitted that Johnson had spoken with him about his phone usage but claimed it was only twice, once about the water issue and a second time during a tool box meeting.
The various issues apparently came to a head in late March when it was decided by Green that Baird was a "poor employee" and decided to fire him. Baird testified that at the end of the work day on March 31, 2010, he was handed an envelope by Green who told him "it was nice working with you."
At issue, as far as Baird and CUPE were concerned, was whether or not Baird should have had union representation during his dismissal and also during a March 25 evaluation where a number of the concerns about his actions were brought up. The issue of whether or not the City had grounds to fire Baird was part of the discussion as well.
Aaron Ludwig, who represented the City, contended that because Green's handing of the termination letter to Baird was not a disciplinary meeting and therefore representation was not required.
Although the panel agreed that during future firings, a union steward should be present and that Baird was not given the requisite two evaluations throughout his probationary period, the City did prove that Baird was an unsuitable employee and that he was properly terminated.
Baird, who has since found work at a furniture store, can appeal the ruling.
