Northern Timber Company operates lumber cutting sites in remote areas of the province of Alberta. Employees are flown in for 14 workdays and then flown out for 14 days off. They live on site in trailers provided by the company. They are covered by a collective agreement between the company and the Timber Workers Union.

The company hired Hank Radford as a timber cutter in 2017. In the course of his work, Bradford operates a chain saw and other hazardous equipment. Prior to being hired, Bradford was advised that no drugs or alcohol were permitted on company property including the residences occupied by employees. The company adopted this "zero tolerance" policy after it was determined that an employee who had been fatally injured on the job had been consuming alcohol the night before an accident. In June 2022, there was an incident in which a timber cutter was severely injured. A subsequent investigation determined that the employee had been smoking marijuana in his trailer prior to the accident. The company and the union issued a joint announcement to employees as follows:

The company and union are committed to the safety of employees. Individuals who have been drinking alcohol or using drugs are a risk to themselves and others. Employees must be alert and safety conscious. There have been incidents in which employees have been found to be in possession of drugs and/or alcohol on company property. It has been determined that some employees are using drugs including marijuana on company property.  The company and the union are concerned about the use and possession of drugs and alcohol. This is a reminder  that drugs and alcohol are not permitted on company property at any time. This includes an employee's residence. The company's policy is that the use or possession of drugs or alcohol on company property is cause for immediate  dismissal.

 Northern Timber provided a copy of the announcement to each employee and required employees to sign an acknowledgement that they had received the statement. Bradford signed an acknowledgement that he had received and read the statement. 

 On August 10, 2022, a security guard though he smelled marijuana in the area of Bradford's trailer. The security guard reported this to the health and safety officer and, together, they investigated. When they knocked on Bradford's door and he opened it, the smell of marijuana emanated from Bradford's trailer. Bradford allowed the security guard and health and safety officer to search his trailer. They found a pipe, two grams of marijuana, and three company hand tools.

 The next day, Bradford was called to a meeting with the site manager, Bradford's supervisor, and the health and safety officer. At the meeting, Bradford admitted that the marijuana found in his residence was his and he had been smoking it the previous evening. The health and safety officer asked Bradford how often he smoked marijuana. Bradford stated that he had been smoking marijuana for over 10 years and, in fact, he smoked two or three joints every day, including one in the morning before he went to work.

 The management representatives reminded Bradford about the company's employee assistance plan (EAP) that was available for employees. The site manager also suggested that Bradford had been stealing company tools to pay for marijuana. Bradford denied that he had stolen any company property and stated that he sometimes brought tools back to his residence at the end of the workday instead of returning them to a tool crib. When Bradford was reminded that company policy required all tools to be returned at the end of each workday, he did not reply. Bradford did not have any union representation at this meeting. 

After Bradford left the meeting, the management team reviewed the situation. Despite the fact that Bradford had not been involved in any previous misconduct or health and safety violations during his tenure with Northern Timber, a decision was made to terminate his employment. The Timber Workers Union Local 317 filed a grievance upon learning of management's decision regarding Bradford's discipline. The Chief Steward, Jeff Delaney, met with the company's HR manager, chuck Lowenstein, and both agreed to expedite the grievance process in this instance. 

Within a week of Bradford's termination, he had sought counselling through the EAP service and was transferred to a support group by his family doctor. The union's grievance claimed that the company had failed to provide Bradford with due process in the handling of this disciplinary meeting. The grievance also stated that the imposed penalty for this infraction was too severe in the light of Bradford's length of service and discipline-free work record since 2012. Finally, the union argued that the "zero tolerance" policy regarding the use of alcohol or drugs had overstepped the management rights clause in the collective agreement. For all these reasons, the remedy sought by Local 317 was Bradford's immediate reinstatement to his job with full restitution for lost wages, benefits, and service credits to the date of his termination.

 Despite reassurance from Delaney (Chief Steward) to Lowenstein (HR Manager) that this employee had abstained from marijuana use for the previous 10 days, the company remained firm following the Step 3 grievance meeting. In its follow-up to the Step 3 meeting, the company stated that because Bradford had violated the zero-tolerance policy regarding the use of alcohol or drugs on company property and the risk of any such violation to health and safety considerations, the termination would stand. 

 

Task

1. Kindly provide an opening statement. This should be brief, clear and concise. What will your case prove as a Management Team

2. Summary of Evidence: Present your witness list and the other side's witness list (Union side) and review the questions you would ask each witness and why are you asking each of these questions (how do these questions contribute to your case?)

3. Your Argument: 

(a) Explain what argument you are making, using the facts of the case and witness evidence. You cannot, during the case, dramatically add to the case; you can strategize and use the case facts, but you cannot create new facts. 

(b) Explain the three or more precedent cases used to support your case and how these cases make your argument stronger. Kindly include in text citation and/or references

4. Kindly provide a closing statement. This should be brief, clear and concise. What will your case prove?