Canadian Labour Reporter

8 Canadian HR Reporter, a Thomson Reuters business 2017 November 20, 2017 ARBITRATION AWARDS classifications of senior planner and application technicians. Salatino was given the option of remaining in the same depart- ment or moving to the communi- ty-planning department and re- taining her assistant planner title. She chose the latter. On Aug. 12, 2012, the city post- ed an opening for a senior planner in community planning. Nine em- ployees applied, including Salati- no, and another person was even- tually chosen to fill the role. The successful candidate had worked as a planner since 2006 and had acted as senior planner. Salatino was not given an in- terview because she failed on the initial "paper screen" when Susan Tasich from human resources and Anita MacLeod, manager of the position, conducted a "joint pre- liminary review of applications." They decided that Salatino did not meet the requirements, specifically that she didn't have "extensive experience delivering complex planning projects with minimal direction, while balanc- ing political, community and oth- er stakeholder interests," which was the first question asked. As well, when Salatino ap- plied for a position that was seven grades of pay higher, it was not reasonable to expect she would have qualified, said the employer. On Sept. 13, Salatino and the Canadian Union of Public Employ- ees (CUPE), Local 79, filed a griev- ance. (Four applicants advanced to the interview stage; three were planners, one a senior planner.) When asked about experience, Salatino said she worked essen- tially as a senior planner, because both worked on the same files. But MacLeod testified that the assistant planner's main role was to assist planners and senior plan- ners and it was not the same job. Senior planners were responsible for high-level work and managing other planners, neither of which Salatino had any experience with. Arbitrator Laura Trachuk dis- missed the grievance, saying Sala- tino could have included more in- formation in the application. "Thus, if (Salatino) wanted to rely upon experience she had at- tained by doing work normally done by senior planners, it was necessary to describe that work in her application. The posting states: 'Applicants are required to demonstrate in their applications/ resumés that their qualifications match those specified in the job posting.' Simply paraphrasing the qualifications set out in the job posting in the covering letter is in- sufficient to inform those review- ing the application that one has experience beyond what would be expected from the positions listed in their resumé," said Trachuk. Salatino's lack of experi- ence was crucial to why she was not considered past the "paper screen," said Trachuk. "(Salatino's) application did not describe: 'Extensive experi- ence delivering complex planning projects with minimal direction, while balancing political, com- munity and other stakeholder in- terests' because she did not have that experience at that time," said Trachuk. "The union has not met the onus of demonstrating that the employer's determination that (Salatino) did not have the re- quired qualifications for the se- nior planner position was not fair and objective" said Trachuk. Reference: Toronto (City) and Canadian Union of Public Employees, Local 79. Laura Trachuk — arbitrator. Amandi Esonwanne for the employer. Douglas Wray for the employee. Oct. 24, 2017. that drivers are required to have to record accidents. Later, Beraldin called the Wat- son Lake, B.C., RCMP detach- ment to find out how much dam- age was done and any possible causes. Beraldin was told the damage estimate was $20,000 but the cause did not show speed as a reason. Beraldin checked the speed re- ports and found he had reached as high as 107 kilometres per hour at some points. Canadian Freightways' policy said 100 kilometres per hour was the upper limit. The employer demanded Beraldin attend a professional driver improvement course (PDIC) taught by a former colleague, John Beeler, who was acting as a consul- tant with the company. On March 22, Beraldin spoke with Beeler via phone and he said he was "at a loss" as to why the ac- cident happened. Beraldin provided photos and reports after Beeler requested them. After the PDIC was done on March 26, Beeler told Beraldin that he should stop driving so ag- gressively and he offered to ride along with him to help manage that. The ride-along never hap- pened. The next day, Beeler advised Ken Osterhout, senior dispatcher, and Tim Christensen, manager of safety and compliance, that he believed Beraldin drove too fast, which contributed to the March crash. Beraldin left for a solo trip that day to Prince George, B.C. No su- pervisor spoke with him before he left about his speeding. On March 30, Beeler spoke with Christensen and wondered whether or not Beraldin had cur- tailed his speeding. After Christensen generated a report via the Webtech monitor- ing system that was installed in all trucks, he found multiple inci- dents of speeding by Beraldin. He was suspended from driving and ordered to work in the ware- house while an investigation com- menced. The company's collision pre- vention committee met on April 5, and decided the "driver's ex- cessive speed is what ultimately caused the accident." In Berladin's April 19 dismissal letter, the cause given was exces- sive speeding on a "frequent and ongoing basis." The union, Teamsters Local Union No. 31, grieved the firing and argued it was no secret that Beraldin preferred to drive over the 100-kilometre limit but that no manager ever warned him to stop. He had no discipline on record other than a 2012 note that was past the 12-month sunset clause. Arbitrator James Dorsey up- held the grievance and ordered the employer to substitute a one- day suspension without pay and reinstitute Beraldin and compen- sate him for lost wages. "In the absence of a meaning- ful warning and having lulled Beraldin into believing running hills at speeds above the limit was acceptable, the employer was re- quired by both its policy and the just-cause standard to impose discipline less than dismissal to impress upon Beraldin that his driving is not acceptable and to provide him an opportunity to re- habilitate and correct his driving," said Dorsey. While he may have breached the employer's strict 100-kilometre- per-hour limit, Beraldin was never told that it was a problem until the dismissal, said the arbitrator. "Beraldin pushed the limits of speed within the mechanical re- straints built into the trucks and accurately reported on his trip sheets, while believing he was be- ing actively monitored or audited through Webtech reports. With no warning other than a caution from former co-driver Beeler, Beraldin was so lulled into a false sense of security that it did not occur to him that he would be un- der extreme scrutiny on his first trip after the collision or that he should make any change to how he normally drove," said Dorsey. "It did not occur to him that Beeler, who he regarded as simply a former driver with whom he had differences but consulted for help understanding why the collision happened, would be the agent of the scrutiny," said Dorsey. Reference: Canadian Freightways and Teamsters Local Union No. 31. James Dorsey — arbitrator. Kim Glenn for the employer. David Reynolds for the employee. Nov. 6, 2017. Employee applied for planner position 7 grades higher < Truck driver pg. 1 < Toronto planner pg. 1

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