The Code Section To Be Interpreted:
Code 3.1 – No employee shall be guilty of misconduct under any rule of this part 3 of the code for actions necessary to defend themselves or others from imminent potentially lethal bodily harm arising from another’s violation of any part 3 rule of this code, arising from any unintended error or mis-operation of equipment, or arising from any natural disaster.
Because of certain hardwired aspects of human nature, it is unreasonable to assume that a person will not react in defense of themselves or others in the event of apparent imminent doom. Thus if one employee pulls another employee out of the way of a speeding car, that employee should not be subjected to punishment regardless of how brittle the other employee’s bones might be.
Examples of Negated Misconduct Under This Code Section:
- Employees A and B are out to lunch in a diner. A man in the diner raises a hand gun and fires two shots into the air, and demands that everybody in the diner stay calm and pull out their valuables. When the robber approaches the table shared by the employees, Employee A tosses a ketchup bottle high up towards the ceiling in such a way that its arc passes near the robber. While the robber is instinctively following the arc of the ketchup bottle, Employee B whips a napkin holder at speed directly at the robber’s face and follows it with their body to deliver a punch at the robber’s head and then seize the armed hand to disarm the robber or force the robber to empty the ammunition into the floor. Employee A assists Employee B with restraining the disarmed robber until the authorities arrive. The throwing of the napkin holder, the punch, the disarming, and the restraint would all normally be misconduct under code part 3, but in accordance with code section 3.1, they are not. In the event that a person engages in armed robbery of others, that person may be considered to be a source of imminent potentially lethal bodily harm from the time that the brandinshing and demand for property occurs until the time that that person is dead or completely restrained.
- Employees A and B are out drinking after work with Employee C. Employee C is highly intoxicated and quite beligerent. A tornado siren goes off and Employees A and B notice some exceptionally high winds and decide to take shelter. Employee C beligerently refuses. Employees A and B lie to Employee C and tell them that there is more alcohol in the shelter, but Employee C remains beligerent. Employees A and B seize Employee C and drag them to shelter. The deceit and the seizing would normally be misconduct under code part 3, but in accordance with code section 3.1 they are not. The apparently impending natural disaster may be considered an imminent potential lethal source of bodily harm until the national weather service terminates the warning.
- Employee A is serving in the armed forces, and performs some act that would otherwise be misconduct under code part 3, but in accordance with code section 3.1 it is not. While wearing the uniform, or otherwise actively engaged in service in the armed forces, the Employee A shall be considered for all intents and purposes for this code to be under the threat of imminent potentially lethal bodily harm or defending others therefrom.
Examples Of Misconduct which is Not Negated Under This Code Section:
- Employees A and B are out to lunch in a diner. A man in the diner raises a hand into the air, and demands that everybody in the diner stay calm and pull out their valuables. When the “robber” approaches the table shared by the employees, Employee A tosses a ketchup bottle high up towards the ceiling in such a way that its arc passes near the “robber.” While the “robber” is instictively following the arc of the ketchup bottle, Employee B whips a napkin holder at speed directly at the “robber’s” face and follows it with their body to deliver a punch at the “robber’s” head. Employee A assists Employee B with restraining the “robber” until the authorities arrive. The throwing of the napkin holder, the punch, the disarming, and the restraint are misconduct under code part 3, and the misconduct is not negated by code section 3.1 because there was no apparent threat of bodily harm.
- Employees A and B are out drinking after work with Employee C. Employee C is highly intoxicated and quite beligerent. It starts to rain and Employees A and B decide to take shelter. Employee C beligerently refuses. Employees A and B lie to Employee C and tell them that there is more alcohol in the shelter, but Employee C remains beligerent. Employees A and B seize Employee C and drag them to shelter. The deceit and the seizing are misconduct under code part 3, and the misconduct is not negated because there is no threat of natural disaster.
- Employee A is serving in a restaurant, and performs some act that is misconduct under code part 3, and the misconduct is not negated because there is no threat of potentially lethal bodily harm naturally arising from the side job of being a server.
