I think the Union is fighting against me. I lost focus due to flu symptoms 2 days following overcrowded shuttle bus

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Customer: I think the Union is fighting against me. I lost focus due to flu symptoms 2 days following overcrowded shuttle bus according to covid rules. General mgr and head of Operations authorized the overcrowding. Got speeding ticket north of Fort McMurray for entering a cost zone 30 k over but slowing throughout to 30 under the posted 70 k. Company fired me for this. No progressive discipline. Had only a previous speeding violation on camp property 6 mos earlier which company disciplined 10 points against good behaviour. I registered a grievance because I am innocent until proven guilty on the ct date of May 7th but was fired immediately because the Bus comp which is Golden Arrow of Edmonton decided it was too serious a violation. I feel they simply do not want the potential points adding to the total of 250 drivers which diminishes their bidding power on future contracts with our client Suncor oil. My driver lic is clean so far no points on it. I have evidence the union is wanting to avoid bringing in the fact that flu symptoms had me so worried that I may have had a momentary loss of focus due to the company’s culpability. The union said they have agreed with the co - ga to hold the grievance in abeyance till after the ct date of May 7th to see if the grievance goes ahead. I have written lengthy statement about not following covid protocols, I have not informed Suncor Ground transportation yet. GA new contract is in process of negotiation for another 5 yrs. Suncor has till end of June to sight. Suncor may not sight if they knew this. I think That is why the Union wants to delay till after ct date. The cop eggaggerated on the ticket and he used radar.
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: Only with union agent. I’m fired and on ei now after having given long statement to ei.
JA: Are you an "at will" employee? Do you belong to a union?
Customer: I’m in union local 955 ft mcmurray
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I live in Cold Lake AB. I know union grieve decision is final but is there any other recourse? Can I be fired with little or no progressive D? I see also that they may want to fire me with no severance pay so they are going to say that my mistake was malishious or whatever the term is and firing “for Cause” when I do not believe it should be “For Cause”. That’s it for now.

Answered by Debra in 12 mins 1 year ago

Debra

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Debra

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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

Customer

Okay

Customer

Jeff

Debra, Expert

Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can. Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me.

I am sorry to hear of this difficult situation.

Are you saying that the union is not willing to file a grievance for you?

Customer

They said they "registered" it but the Gr is held in abeyance.

Customer

For 3 mos.

Debra, Expert

For what reason?

Customer

As my txt note to you explained, They say they want to see what they ct determines when I fight the ticket because I filed Gr for unjust dismissal due to the fact that I am innocent until proven guilty.

Customer

I have the union agents email to me saying that.

Customer

Collective Agreement says it does not eliminate or supplant Canadian law.

Debra, Expert

Well you are innocent until proven guilty but even if you were guilty is that grounds for a just cause dismissal dismissal when you've had one speeding violation off site and one on site?

I think that has to be the real question because even if you are convicted it hardly seems grounds to be dismissed for a single isolated ticket.

Have you spoken to the union about that?

I suggest you do now and ask them if you can be dismissed for a single speeding ticket offsite.

Do you see what I mean?

Customer

I have long written statement to union which emphasizes in great detail cell call between mgmt and person in charge of bus. I suggested getting cell records of the 3 people including general mgr of my co Golden Arrow Bus. This would prove that they ignored Suncor oils strict policy on covid protocols. I'll now answer yet txt.

Customer

I see what you mean. I've already done that but they are catering to the Co by delaying till after my ct date. They are slow walking my grevance till after the new contract with our client is signed because if Suncor knew about violation of covid rules Suncor will not sighn new contract of several million dollars of 250 bus rental and drivers being paid.

Customer

Suncor is in best position to demand my company to produce records of cell call and contract tracing document with all names of us who we on the bus that day 2 or3 days prior to my speeding T.

Customer

On the day of ticket I gave copy to my Co when I did not need to until may 7

Customer

The Co demanded an immediate statement from me. In it I said the cop exaggerated and I was having flu symptoms. They then suspended me until further notice so I went home due to flu. I was in a camp. 3 days later in conference call with a union stewart they fired me.

Debra, Expert

Well if you were relying on the fact that you're not guilty I can see why the union would delay. So I don't see what more you can do until you have trial and see what comes of it.

Customer

You are seeing it the way the union is thru tunnel vision just looking at the ticket. I believe, if the cop even shows up and I or someone I hire fights it then I may be found partially guilty with reduced points. But my point about partial or all guilt is a small part of my defence. My major defence if some guilt is found the the 2 company mgrs are the root cause of my guilt because of lack of focus due to flu. Some of the onus must be put on them. The possibility of flu from their overcrowding has to be weighed on reasonable and probable grounds. That is why I need the evidence of cell calls to overcrowd the bus and contact records will show overcrowding . Only Suncor can provide that. When I go asking for it then Suncor may not sighn new contract. I will lose this leverage because union is SLOW walking till after the sgning.

Customer

Therefore the dismissal is unjust because the two mgrs who decided to fire me are the very ones who are part of the cause of my momentary lack of focus.

Customer

Not only because I am innocent till proven guilty in may.

Debra, Expert

No I'm actually not looking at the way the union is with tunnel vision. I'm looking at the situation that you created yourself.

I had said that even a conviction wouldn't be good enough to dismiss you but you have been taking the position from the start that you're not guilty, that you were sick and on a crowded bus and that the police officer was overly aggressive and so you're not guilty. My view was not what your view was at all. My view is that you likely will be convicted but you shouldn't have been dismissed because of it but you put yourself in this position.

Customer

We drivers of buses have been warned of immediate dismissal if caught not following covid rules while driving Suncor Oil. Even if caught with mask below nose even with no persons on board. Immediately fired!

Customer

We all watched the driver that day cell phone for permission to travel overloaded in violation of Suncor covid rules.

Customer

my final question to you is: Should part of argument preparation be to thorouly inform Suncor and ask them to help me by collecting cell records of my mgmt and voided contact tracing records of that day along with all names of people on bus? Wouldn't this help spread the libility to my mgrs who authorized the overcrowding!!??

Debra, Expert

I don't see what that has to do with your dismissal for speeding. I'm just not able to follow that. But if you want to get the managers in trouble then sure you can complain.

Customer

I didn't say ever that I was not guilty. I said only that I was not guilty for these 3 months as per Canadian law - innocent until proven guilty. Therefore, as of currently I'm not guilty. In drivers parlance, we are not to drive fatigued. I am guilty of that but the guilt of my fatigue should come from ovrer crowded bus 3 days earlier on which I was not the driver, only a passenger. I had no passengers on the day of ticketing. I don't want to get the mgrs into trouble. That would be anethema to my being hired again. I believe that on reasonable and probable COVID grounds that my fatigue that led to speeding loss of focus was partially caused by those mgrs who overcrowded the other bus 3 days previous. You make it sound that I mainly want vengance. Ok. Stop our conversation. How do I stop again?

Customer

Can this stop our conversation?

Debra, Expert

Thank you for trusting us to help you here at JustAnswer. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Customer

Thank you

Debra, Expert

Anytime.

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