View cases - Stewart McKelvey

28[124] Mr. Star was unaware of any official accommodation given by CBSA for family statusreasons, and confirmed that there are no written policies requiring a worker who wants staticshifts because of childcare obligations to move to part-time hours. It is local management’sdecisions that carry with respect to scheduling requests. In this case, “local management” meansPIA management.[125] Mr. Star testified as to the exhibited Draft Policy to Accommodate dated June 2007. This13 page document was given to him in 2007 by John King, a former Union Representative andlater the Union President. Mr. King had advised him at the time that he picked it up at an“Occupational Hearing”, which is a meeting of senior Union officials and management held fromtime to time to discuss operational issues.2010 CHRT 20 (CanLII)[126] Mr. Star testified that he used the Draft Policy to Accommodate as part of his negotiationswith management on behalf of an employee who was seeking medical accommodation. In the2007 meeting when he produced it, Mr. Star testified that Ms. Raby claimed to have noknowledge of it whatsoever and that she questioned its authenticity.[127] After some time, Supervisor Darren Millet who was also present at the meeting,acknowledged that he had seen the Draft Policy to Accommodate before and that it had beencirculated to management for management’s opinion. Mr. Star was given the distinct impressionby Mr. Millet that management was not keen on the Draft Policy to Accommodate. Mr. Star askedMr. Millet if they (the employees) could be looking forward to its introduction, to whichMr. Millet did not respond. Mr. Star confirmed that there has been no implementation of theprovisions of the Draft Policy to Accommodate.[128] Mr. Star testified that he felt the Draft Policy to Accommodate answers all the employeesrequests and that something like that document would be “perfect”. He offered through CBSAmanagement in the past to work with management to develop a policy on family statusaccommodation but was ignored.