International Association of Fire Fighters (IAFF) V City of Timiskaming Shores (2019)

After a night out with his spouse in September 2018, Stan Lee a firefighter with the City of Timiskaming Shores was pulled over for suspected impaired driving. Lee was off-duty at the time but driving a city vehicle assigned to the Fire Chief. Lee failed two roadside breathalyzer tests and was issued a 90-day administrative driving prohibition. The vehicle was towed and impounded. Lee reported the incident to the Chief the next day. He was both forthright and honest, and also distraught and remorseful.

Lee had worked for the City of Timiskaming Shores as a career firefighter since 1995.

At the time of his discharge, the majority of his time was spent responding to emergency calls some of which included impaired driving collisions. He had little interaction with City officials and limited public exposure. Prior to the incident in question, Lee had a glowing employment record and was highly respected by his colleagues.

The authority to promote, discipline, and suspend employees was vested in the Chief

Administrative Officer (CAO). He decided to terminate Lee's employment for just cause expressing outrage about the potential liability to which Lee had exposed taxpayers and the risk he had created for public safety.

The termination letter stated, in part:

v This is a very serious incident as you were driving a District vehicle while impaired and consequently posed a threat to the safety of yourself and others travelling on the roads that evening. As well, the District vehicle was impounded. This is simply unacceptable for someone in your position whose job is to protect public safety."

"This incident also reflects poorly on our Department and the District. You are a leader in the community and this incident displays an extremely poor use of judgment on your part. We recognize that you showed remorse, but it will be impossible for you to regain the necessary respect of the members of the Department. Your conduct has irreparably harmed the employment relationship. Therefore, the City has decided that it has no choice but to terminate your employment for just cause."

Lee asserted he had permission to drive the truck and a subsequent letter from the Chief stated he had had allowed Lee to drive the truck and placed no restrictions on its use. No policy existed that prohibited personal use of vehicles. A significant number of employees wrote a letter supporting Lee.

The International Association of Firefighters (IAFF) filed a grievance on Lee's behalf challenging the dismissal. The grievance states that Lee has been "disciplined without just cause" contrary to the provisions of the collective agreement and requests he be "made whole" (reinstated to his job with no loss of compensation or seniority).

The dispute has gone through the grievance process, and will now go to arbitration.

QUESTION

Arguments: Acting as the manager (or chief officer) based on the law (Ontario) and other arbitral precedents, what is your position on this dispute (3 main arguments)