Tampering With A Witness Results In Dismissal Of Grievance

In International Longshore & Warehouse Union v. Fraser Surrey Docks Ltd. the court upheld the termination of a grievance where the Union was found to have exerted pressure on a witness.  The witness, a fellow union member, had advised the employer that he had seen the grieving (terminated) employee steal gas.  Video surveillance was conducted which proved the allegation.  On a hearing to determine the admissibility of the video tape evidence the employer was required to disclose the name of the witness on the condition that the Union would not retaliate against the witness.  The witness then gave evidence that he did not report the theft of gas.  The arbitrator ruled that the witness was lying and concluded that he did so due to Union pressure. He dismissed the grievance.  The Union appealed to the Supreme Court of British Columbia and the Court upheld the dismissal of the grievance.  The Court held that the arbitrator’s decision was not patently unreasonable even though the threat to the witness could not be clearly established by the employer.

The case illustrates the conflict in unionized workplaces between a duty to the employer and a duty of loyalty to a fellow union member.  In this case the union constitution provided that a union member should not complain to the employer about another member.  This often places well intentioned workers in an untenable position.

For more information on this article contact Pushor Mitchell Partner Alfred Kempf at:
kempf@pushormitchell.com or (250)869-1215