As one of the seminal decisions of 2014,
USW and Tenaris Algoma Tubes Inc. raised the issues of off-duty
conduct, sexual harassment / threats and social media. The
grievance arbitration decision upheld the dismissal of an employee
after he posted sexually threatening and harassing comments
regarding another employee on his Facebook page.
Most of the facts were not in dispute. On the day in
question, the grievor (referred to as "D") was a crane
operator and was being assisted by a colleague (referred to as
"X"). D and X were involved in a safety
related dispute during a shift on February 24, 2014. The
dispute was raised with management and the shift was completed
without further incident. Following the shift, D posted
comments on his own Facebook that included reference to a physical
characteristic of X, a cruel nickname to identify X, and the
suggestion that a violent and humiliating sex act be performed on
her. The comments were made over a two hour
