An arbitrator has handed down his decision on the dismissal of a road crew worker at Teck’s Elkview Operations in Sparwood. File photo

Dismissal of Sparwood mine worker upheld

Arbitrator rules Teck justified in dismissal of Sparwood worker accused of harassment and bullying

This story has been updated with more information.

An arbitrator has upheld Teck Coal’s decision to fire a man who harassed and bullied a fellow employee at Elkview Operations in Sparwood.

Guy Travis’ contract with the mining company was terminated on June 5, 2017, after a series of incidents, the most serious of which occurred several weeks earlier during an argument over a breach of a company policy on magazines.

According to court documents obtained by The Free Press, the dispute arose about 7:40 a.m. on May 16, 2017, as Travis was clocking off his night shift with the road crew and the complainant, Dave Armstrong, was starting his day shift.

The men had both worked at Teck for more than 20 years, however, relations in recent years were “not very good”, according to Armstrong.

He claimed Travis was angry and his neck and face “beet red” when he addressed him in front of the entire road crew on May 16.

Armstrong said Travis put his finger “in my face” and said: “I hear that you got a problem with (expletive) magazines; don’t go to the (expletive) Company, you come and see me; you (expletive) got that; I’ll tell you what you do with the magazine; you roll it up and take it back where you (expletive) found it; now you (expletive) got that?”

A supervisor intervened and Travis was sent to the showers, while Armstrong denied any knowledge of the magazine, which had been reported to a supervisor.

He later told his wife and general manager Roy Vicic about the incident, which continued to haunt him.

According to the court documents, Armstrong had trouble sleeping in the months that followed and at one point called 911 to talk to a police officer.

He ultimately sought help from a counsellor provided by Teck and said he would not be comfortable with Travis returning to work.

Arbitrator Stan Lanyon found that Travis intentionally harassed, intimidated and bullied Armstrong and had a history of making “digs” that amounted to harassment.

“The result was that Mr. Armstrong was ‘scared’ to come to work,” said Lanyon.

“I conclude that no one is required to work in fear of his fellow employees, nor does any employee have to ‘put up’ with or accept harassment and bullying as the price of their employment.”

Travis was represented by Colin Gusikowski from United Steelworkers (USW) Local 9346, who argued that his conduct was consistent with the blue collar culture at the mine and the conversations were no more than “locker room talk”.

Lanyon rejected this rationale on the basis that it involves “the breach of harassment and bullying policies or conduct in violation of the Human Rights Code”.

He found that the May 16 incident was not out of character for Travis, who recognized he had a problem with anger for which he had received counselling.

Travis started with the company in 1993 and his employment record shows he was disciplined on several other occasions for unprofessional and inappropriate behaviour, and his treatment of employees.

He had already been given two Final Letters of Discipline – one on May 24, 2012, and the other on December 23, 2015 – when his contract was terminated.

Based on this information, Lanyon ruled Teck was justified in firing Travis and dismissed the grievance.

Just Posted

Elk Valley mines boost overall Teck production

Fording River, Elkview achieve record fourth quarter; Fording, Greenhills have bumper year

B.C. Interior free from measles

Vancouver measles outbreak hasn’t spread to the B.C. Interior

Man injured in police shooting near Nelson has died

The death follows an incident in Bonnington on Feb. 13

Local DJ to take stage at Fernie Stoke Fest

Jenn Johnson - aka Jenn Frost - confirmed as closing act at Fernie Stoke Fest on April 9

B.C. BUDGET: Surplus $374 million after bailouts of BC Hydro, ICBC

Growth projected stronger in 2020, Finance Minister Carole James says

Sell regulated heroin to curb B.C.’s overdose problem: report

B.C. Centre on Substance Use points to organized crime and money-laundering as contributing factors

Kootenay man dies in crash near Sparwood

Accident occurred last night east of Sparwood, RCMP appealing for witnesses

POLL: Are Wildlife Detection Systems in the Elk Valley working?

In 2016, the Ministry of Transportation and Infrastructure (MOTI) installed two wildlife… Continue reading

Fernie Ghostriders face defeat during away weekend

Fans encouraged to wear white for first playoffs game at Fernie Memorial Arena, February 26

Risk of ‘deadly avalanches’ leads to warning for B.C.’s south coast

Weak layer of snow on Vancouver Island, Lower Mainland could trigger an avalanche

B.C. man in wheelchair following police shooting

“Shots were fired by police and the Kelowna man was transported to the hospital with serious injuries.”

Risk of ‘deadly avalanches’ leads to warning for B.C.’s south coast

Weak layer of snow on Vancouver Island, Lower Mainland could trigger an avalanche

Peter Tork, Monkees’ lovable bass-guitar player, dies at 77

Tork, Micky Dolenz, David Jones and Michael Nesmith formed the made-for-television rock band

From a drunk judge to Clifford Olson: George Garrett recounts a life in B.C. news radio

New book from ‘Intrepid Reporter’ George Garrett offers readers a glimpse behind the headlines

Most Read