FPSLREB Decisions

The employer terminated the grievor, the captain of a Canadian Coast Guard vessel, for willfully disregarding a distress call from a grounded fishing vessel. Upon hearing the call, he turned down his radio, continued on his planned course for 17 minutes, and did not render assistance until he was specifically directed to. He grieved, arguing that he had done nothing wrong, as Coast Guard vessels must be formally “tasked” before responding to a distress call. The employer argued that tasking is not necessary for a distress call and that he should have responded as quickly as possible. The Board found that the respondent had just and reasonable cause to discipline the grievor and that the termination was justified. First, wilfully disregarding the distress call was misconduct that justified discipline. Section 131 of the Act, the employer’s policies, and the testimonies of every witness except the grievor supported the conclusion that the captain of a Coast Guard vessel does not need to be tasked to respond to a distress call. Second, the grievor’s misconduct was significant in terms of both the Coast Guard’s reputation and public safety. That, along with his refusal to acknowledge that he should do things differently and his lack of sincerity at the hearing outweighed his lengthy and otherwise distinguished service.

Grievance denied.