No union representation makes worker’s dismissal null and void: Arbitrator

Employer didn't follow collective agreement rules before dismissing employee
|Canadian Employment Law Today|Last Updated: 04/15/2015

An arbitrator has reinstated a unionized Ontario worker who was fired for sleeping on the job but wasn’t allowed union representation before he was dismissed.

The worker was employed with Crosby Canada, a manufacturer of forged and assembled steel products such as hooks, shackles, clamps and other items used in the construction, mining, and oil and gas industries. He was part of a crew that operated large pieces of equipment used in the manufacturing process. The crewmembers rotated through the machines every 15 minutes so they each used all of the machines.