Kates' decision cautions members that the "customer is always right"

Whether or not the old adage “the customer is always right,” is true, following this motto can be a source of added protection for postal workers.

In stressful situations, we sometimes forget to heed this advice and strong verbal exchanges can occur. If we’re not careful they can erupt into threats and occasionally violence. For postal workers who get caught up these situations, many face suspensions, or worse, dismissals.

Kates’ decision in Hastings

This was the case for Toronto letter carrier W. Hastings, as decided by arbitrator Kates (CUPW file 626-01687 & 02206, September 21, 2005).

In November 2004, Hastings became involved in an incident with a receptionist at a business who was unhappy about the number of misdirected letters being received.

Arbitrator Kates noted that instead of responding, the grievor should have simply handed the receptionist a Canada Post business card to contact customer service, and heeded the adage “the customer’s always right.”

A verbal exchange, started by the receptionist, soon escalated. According to the receptionist, the grievor said:

“You’ll see me outside, I’ll fucking kill you. Mark my word, I’ll kill you, you fucking fruit loop.”

The grievor, admitted he intent to threaten to beat the customer up. However he disputed saying, “I’ll fucking kill you.” Rather he responded to the receptionist’s verbal abuse with:

“Step outside you fruit loop, I’ll kick your ass.”

The grievor insisted use of the term ‘fruit loop’ was because of the customer’s frenzied attitude, and he was not aware of the customer’s sexual orientation.

The customer disclosed being gay at the arbitration hearing. He also testified that he was devastated by the grievor’s threat and that he feared for his well being when he left work. He immediately filled a complaint with Canada Post.

The arbitrator found that at the time of the incident, the grievor’s intention “to beat the customer up” was to inflict utter terror.

And within this factual context, the arbitrator reviewed the case in order to determine if there were sufficient mitigating factors that would convince him to alter the employer’s decision to discharge the grievor.

The arbitrator noted that the incident was isolated, the grievor had reported it to the employer after his shift, and genuinely sorry, offered to apologize to the customer.

In addition, the arbitrator found that the grievor needed to demonstrate to the employer that nothing of the kind would happen again if reinstated. However, when asked about his mindset at the time of the incident the grievor replied:

“I was thinking about my next call. I didn’t mean to hurt his feelings. I was trying to explain, he would not listen, and he got madder and madder. I should have walked away. I am a boxer and we don’t walk away,” (underlined by the arbitrator).

The arbitrator discussed the implications of the grievor’s statement and found that:

“[By] adverting to his reputation as a boxer, he planted the seed that, if confronted again with a similar emotionally charged situation, he would likely not walk away but implied that he would, because of his values as a boxer, engage in the very same aggressive behaviour.

[However,] the employer must have the confidence in those circumstances that he knows when ‘to walk away.’ The grievor failed in his effort to convince me that the likelihood of a repetition of his conduct in a similar situation would be farfetched.”

The arbitrator therefore dismissed the grievance. It’s unfortunate that such a blow-up with a customer could lead to the grievor’s life being fundamentally changed. However, this award sets out how seriously arbitrators view the nature of the relationship postal workers and the public.

As a shop stewards, take special care must in cases involving allegations of violent exchanges with members of the public. Use the 24-hour notice period given to grievors prior to a disciplinary interview to find out their perspective and circumstances. Together you can decide how best to approach the interview.

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