Addictions and culpable conduct

Dealing with alcoholic or drug dependent members can be a challenging duty of a steward. Sometimes blameworthy conduct is linked to an addiction.

For example drinking on the job might be strictly blameworthy conduct and the usual analysis found in William Scott applies (ie: Does the behaviour warrant discipline? If the answer is yes, was the discipline received excess? If the answer to that is yes what would the appropriate discipline be?). Almost always in that situation the best approach would be an immediate acknowledgment of wrong doing, and a promise to not repeat the conduct. If a member is brought into a disciplinary meeting and confronted with an allegation such as drinking on the job take a break and have a frank discussion with the member. If the member denies the allegation and the employer can later prove it the member has only dug a very deep hole for themselves.

However, if the member is an alcoholic a different approach should be taken. Because alcoholism is a disability employers have different obligations to alcoholic employees than they do to non-alcoholic employees.

Employers have an obligation to accommodate alcoholic employees to the point of undue hardship on the employer. There is a corresponding obligation on the alcoholic employee to deal with the alcoholism.

The BCGEU recently had a case where an alcoholic employee was accused of some very serious misconduct. At that point the employee could have denied the conduct and if it went to an arbitration his termination would likely have been upheld. However, in this case the employee immediately admitted to the conduct and told the employer he had a problem with alcohol. The employer suspended the employee pending further investigation. The employee then went into Detox, attended a treatment centre and started going to Alcoholics Anonymous on a regular basis.

Eventually the arbitrator ordered reinstatement because the employer had taken no steps to accommodate the employee's alcoholism and the employee had done everything possible to resolve his addiction.

If you are dealing with an addicted employee the first step is to get the member to admit that the member has a problem. Unless this is disclosed to the employer they have no obligation to treat the employee any differently from a non-addicted employee.

The next step is to encourage the addicted employee to take significant rehabilitative steps as soon as possible. If the employee has not done so the chances of getting the addicted employee's job back are slim.

If you have any concerns about the advice you are giving be sure to call your area staff representative before meeting with the employer or finalizing your advice to the member. If you are in any way uncertain about what you are doing you have the right to insist on having enough time to properly inform yourself before meeting with the employer.

Author: Ken Curry

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