A BC arbitrator recently upheld the dismissal of three unionized owner-operator drivers for failing to obtain motor vehicle inspections at an approved licensing facility.
The grievors testified they had their vehicles inspected at a CP Rail yard because they did not know that they were required to have the inspections performed at an approved facility. They argued that the rail yard inspections were thorough and should be considered sufficient.
The arbitrator did not believe the grievors were unaware of the legal requirements for inspections as they had been driving commercial vehicles for many years and had always previously obtained inspections from approved facilities. He also found the grievors were dishonest in asserting that their vehicles had been properly inspected because they were not present during the inspections and so could not know about their adequacy.
In the result, the dismissals were upheld. The arbitrator found that the employment relationship could not be restored because the grievors had acted against the company’s interest and had been dishonest about their actions.