TTC'S DECISION TO FIRE DRUG ADDICT UPHELD

An employer can justifiably fire a worker for theft even if the crime
stems from an addiction to cocaine and gambling, an arbitrator has
ruled in a novel grievance that explores the links between powerful
dependencies and lawbreaking.

The decision this month upholds the dismissal of Mike Santos, a former
Toronto Transit Commission electrician and union-local president,
arrested for stealing thousands of dollars worth of copper wire last
year from the city's public transportation authority.

The adjudicator said he accepted that at least one of Mr. Santos's
addictions comprised a form of disability and that he stole to feed
his cocaine habit, but rejected the union's argument that the transit
commission discriminated against him based on that disability.

The former head of Canadian Union of Public Employees Local 2,
representing 500 maintenance workers at the transit agency, testified
that he spent about $1,000 a month on cocaine and $900 monthly on
sports-betting tickets, and had stolen cable on three occasions.

The money Mr. Santos made the last time he sold TTC wire to a
recycling depot bought an "eight ball" of cocaine, but he could have
used his own ample funds to procure the drug, concluded John Stout,
the arbitrator.

"This was not an isolated act done on the spur of the moment to obtain
needed funds for cocaine," the decision said. "He had other means to
finance his addiction. However, he chose not to use his own money.
Instead, he chose to steal from the employer. This was not an
impulsive act; it was a premeditated criminal act."

Mr. Stout also said the exunion chief 's decision not to pay for
expensive drug rehabilitation suggests he cares more about maintaining
his comfortable lifestyle -- including a suburban house with a pool and
18-foot fishing boat -- than curing his addiction.

Neither TTC officials nor Mr. Santos could be reached for comment
Wednesday.

Ryan Goldvine, the CUPE lawyer who handled the case, refused to
comment directly on the decision, but defended the union's decision to
fight the firing of a leader who was eventually convicted of a
criminal offence.

"When someone's job is on the line, a union has to do what they can to
ensure that every step is taken to protect that employee's interests,"
he said. "While some members of the public might not see it as a
disability, it is fairly clear that the courts, human rights and
labour adjudicators do see addiction as a disability."

Although there was debate about the extent of his gambling habit, the
case also highlights a recurring side effect of Canada's
two-decade-long gaming boom, as employers across the country have seen
workers steal sometimes vast sums to fuel gambling habits.

Mr. Santos, now 40 and married with one child, started at the transit
commission as a temporary employee in 1997, won a job as an apprentice
and qualified as an electrician. Before last year's incident, he had a
spotless work record, the decision said.

He was arrested last year after someone tipped police to the fact a
recycling depot in Vaughan had acquired copper wire labelled with the
TTC's name. Mr. Santos was eventually charged with theft over $5,000
and let go from the commission.

He later admitted to two other similar thefts, and to pocketing his
$320 boot allowance from the commission instead of using it for the
designated footwear. He eventually pleaded guilty and was sentenced to
two years' probation.

Mr. Santos testified that he never snorted cocaine on the job or went
to work impaired, and figures he used the narcotic to help deal with
stress. He said he played Pro-Line, a sports betting game offered by
the Ontario government's gaming corporation, to raise money to buy
cocaine, though the gambling ended up as a net loss.

The electrician eventually sought help -- and left work on sick leave --
but the arbitrator noted that he did so only after hearing that police
were investigating a wire theft. TTC management concluded that the
request for sick leave and treatment for his addictions were designed
to stave off the consequences of the theft.