A labour arbitrator has upheld the termination of a former Sunwing Airlines pilot who sent an email ordering fried chicken and watermelon to his Black supervisor, deeming the act intentional racist misconduct.
Background of the Incident
Darren Acri, a pilot with Sunwing Airlines, was dismissed in February 2025 after sending an email during a layover in Fredericton, New Brunswick, on April 8, 2024. The email, addressed to multiple Sunwing employees and managers, included a request for “a large bucket of fried chicken, with slices of watermelon and a six pack of non-alcoholic Bud light beer for me and my friends.” Michael Simmons, then Sunwing’s director of line operations and a Black man, was copied on the message.
Union Grievance and Arbitration
The Air Line Pilots Association (ALPA) challenged Acri’s dismissal, arguing that the email was a legitimate food order. However, arbitrator Jesse Nyman, in a decision released May 21, 2025, concluded that the email was not a genuine request but rather an intentional act playing on racist stereotypes targeting Black individuals.
According to the arbitrator, the sequence of events undermined Acri’s defense. Acri first sought approval for transportation to a restaurant five hours before sending the email. After transportation was denied, he spent two hours considering food delivery options. Nyman noted, “It is difficult to accept that after complaining about a lack of transportation to restaurants for two-and-a-half hours, the grievor decided five hours later that all he really wanted was to pop into Mary Browns and a grocery store.”
Pilot’s Defense Rejected
Acri wrote to Sunwing’s human resources department in May 2024, claiming he was unaware of the “stigma” associated with his meal request and that he intended no insult or harassment. He apologized for what he called a misunderstanding, stating, “My interests that night were to access the local amenities and restaurants as detailed in our collective agreement. Nothing more, nothing less. The local grocery for beer and watermelon and Mary Brown’s for a bucket of chicken.”
Despite this explanation, the arbitrator found that “the only reasonable conclusion on the evidence before me is that on a balance of probabilities the grievor was not making a legitimate food order when he sent his email.” He added, “The only other explanation offered is that the grievor intentionally sent an email that played on racist tropes and I find that is what the grievor did.”
Disciplinary Process
After the incident, Acri was removed from service with pay pending an investigation. In January 2025, Sunwing received an investigation report and placed Acri on suspension pending discharge. The investigation confirmed the facts of the email and focused on whether Acri’s request was genuine. The arbitrator determined it was not.
Sunwing, which has since been acquired by WestJet, argued that racist and discriminatory behavior constitutes serious misconduct warranting termination. The arbitrator agreed, upholding the dismissal.
Broader Context
This case highlights ongoing efforts to address racial discrimination in the workplace. The decision reinforces that employers can take strong action against employees who engage in racist behavior, even if they claim ignorance of stereotypes. The ruling also serves as a reminder that seemingly casual remarks or actions can have serious consequences when they perpetuate harmful stereotypes.
The arbitrator’s decision is final and binding, meaning Acri will not be reinstated.
