View cases - Stewart McKelvey

3[12] Previous to the hearing, the CBSA had sought to add the Union as a party. One of the mainreasons given by CBSA to add the Union was that the VSSA prevented CBSA from consideringMs. Johnstone’s request for static shifts, encompassing full-time hours over only 3 days per week.This argument was not advanced by CBSA at this hearing.[13] Ms. Johnstone and CHRC opposed the application on the grounds that none of theremedies sought by Ms. Johnstone required amendments to the governing collective agreement orto the VSSA. The Union provided an affidavit to the Tribunal taking a position of support of theComplainant, but did not actively participate. This motion was dismissed by the Tribunal on thebasis that the Union’s participation in the hearing was not necessary for the presentation ofrelevant evidence or the Tribunal’s ability to adjudicate on the matters so raised. It was alsodismissed because the application was made late in the process, and the Union’s participationwould not be necessary to properly dispose of the liability portion of the complaint[See 2009 CHRT 14].2010 CHRT 20 (CanLII)II.FACTUAL BACKGROUND[14] Ms. Johnstone is a Canada Border Services Officer (BSO). She has been in the employ ofCBSA since April 14, 1998. She is presently on leave without pay, the particulars of which aredetailed later in this Decision. At the time of this complaint she worked in Passenger Operationsat the Pearson Airport Terminal (PIA) in Toronto, Canada.[15] By all accounts Ms. Johnstone is an exemplary employee, often exceeding her superiors’expectations and noted up for her diligence, excellent results, and acumen for her work duties.[16] Ms. Johnstone has been married to Jason Noble (Jason) since December 2002. Jason isalso a BSO. During the early relevant time of this complaint, Jason worked for CBSA as aSupervisor also at the PIA. He now works in Ottawa.