View cases - Stewart McKelvey

27[120] Mr. Star also testified to personal knowledge of approximately 12 workers who have shiftschedules that are specific to that individual for a variety of reasons. He named one co-workerwho requested static midnight shifts (10 pm to 8 am) that management agreed to. He confirmedbased on exhibits put to him, that there are a number of BSOs who are working static midnightshifts or the same 3, 4, or 5 days each week. For instance, Dedicated Coverage Teams (primarily“new-hires”) might work different hours but are primarily afternoons, and they are fixed for thedays they work, typically the busiest periods of Thursday through Sunday. The most popular shiftis the evening shift from Noon to 11 pm, or from 3 pm to 3 am, as the younger workers do notseem to prefer an early start.2010 CHRT 20 (CanLII)[121] Mr. Star was unaware throughout his time with CBSA of any co-worker complaints ofpreferential treatment when accommodation requests were met by management. Mr. Star had notobserved any prejudicial impact on CBSA’s PIA operations from medical accommodations, norreligious accommodations.[122] Mr. Star had personal knowledge that management had not stopped BSOs fromtransferring “body for body”, i.e. in equal numbers to maintain the same personnel complement,(for various reasons other than childcare responsibilities) from one part of the CBSA operations toanother, e.g. from Passenger Operations to Gateway or vice versa. Mr. Star testified that the natureof the work at Gateway is less demanding and less varied than at Passenger Operations and thereis no necessity for any re-training if a BSO goes from Passenger or Commercial Operations toGateway. Mr. Star was aware of several BSOs who have transferred from Passenger Operationsto Gateway.[123] Knowing that all pension and contractual benefits are pro-rated for those that“self-reduce” to part-time status, Mr. Star was aware of a BSO in Passenger Operations, whom henamed, who reduced her hours after she returned from maternity leave but was allowed to put inher unworked hours as leave without pay, and thereby maintain her benefits by paying the fullamount into her pension. This was denied to Ms. Johnstone.