‘Putting his bucket in motion was deliberate and done precisely to cause Mr. Brown to become alarmed’
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An arbitrator has upheld the dismissal of a Red Deer recycling worker, ruling he was rightfully fired after breaking safety rules by using heavy equipment to intimidate his boss.
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Ken Craig was fired from his job as an equipment operator with Waste Management at the Red Deer Material Recovery Facility following a May 28, 2021, incident when he was using a front-end pay-loader.
In his April 5 rulingArbitrator Andrew Sims found that Craig got into an argument with his supervisor, Steve Brown, before raising the loader’s bucket and pivoting the wheels towards Brown as he stood next to it.
“Putting his bucket in motion was deliberate and precisely done to cause Mr. Brown to become alarmed,” Sims wrote, characterizing Craig’s conduct as “angry” and “intentional” while likening the incident to one of road rage.
“I find the grievor has failed, after reflection, to understand that engaging one’s equipment to startle someone standing next to the equipment is inherently dangerous.”
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Workplace safety rules state a distance of at least 15 feet from other people must be maintained by operators of heavy equipment.
Craig was sent home for the day following the incident and fired less than a week later after managers concluded he had broken safety rules “knowingly and willingly,” according to Sims’ ruling.
Craig, through his union, filed a formal grievance of his dismissal, arguing it was Brown who had broken the 15-foot safety rule by initiating the conversation after approaching Craig on foot.
Sims was, however, unconvinced, ruling that while Brown had indeed walked over to talk to Craig, it was Craig who began operating the equipment, and breaking safety rules, by lifting the loader’s bucket.
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“When Mr. Brown walked over to the pay-loader, although its engine was running, the handbrake was visibly applied and the bucket down,” Sims wrote.
Sims ruled Brown had no reason to distance himself from the vehicle until the bucket was raised.
Brown had approached Craig to find out about a delay with a truck unloading its cardboard into the facility before the discussion became heated, according to the ruling.
In rejecting the union’s appeal, Sims found Craig had failed to learn from the incident.
“His testimony showed no awareness that his angry reaction to Mr. Brown was a root cause of the problem,” the ruling reads.
“Perhaps pride makes him hold onto his views, but doing so holds little promise of his controlling his ‘frustrations’ and operating safely in the future.”
