The grievor, a truck driver with two weeks of service at the site, was discharged after refusing to repair a damaged truck tire and inviting his foreman to fire him.
The union grieved the discharge, arguing the refusal was motivated by a health condition and that discharge was an excessive penalty.
The Board found the health concern was an ex-post-facto rationalization and that the true reason for the refusal was the grievor's belief that the work was unpleasant and should have been assigned to a junior employee.
The Board declined to substitute a lesser penalty, noting that progressive discipline is attenuated in the construction industry, particularly for short-term employees.
The grievance was dismissed.
