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Arbitrator Upholds Dismissal for Breach of Last Chance Agreement
June 13, 2007

The dismissal of an employee who breached his “last chance” agreement with his employer was recently upheld by arbitrator David McPhillips.

The employee, a structural mechanic, had been progressively disciplined over the course of five years for continual insubordination and failure to comply with safety regulations and company policies. The employer initially terminated the employee but later reinstated him subject to a last chance agreement.

The agreement required the employee to follow directions from his supervisors and management, comply with regulatory requirements and work procedures and treat others with courtesy and respect.

Shortly after his reinstatement, the employee breached the agreement and the employer dismissed him a second time. The union grieved the second dismissal. The arbitrator upheld the dismissal on the grounds that the employee had breached the last chance agreement by failing to comply with work procedures and, further, that the union had failed to demonstrate any strong or compelling reasons to vary the terms of the agreement.

B.C. Transit and C.A.W., Local 333 (unreported) June 4, 2007 (McPhillips)