View cases - Stewart McKelvey

29[129] Mr. Star confirmed that at Gateway, located adjacent to the Airport, there are multipleshifts there. There are 3 day, 12.5 hour shifts, many Monday to Friday day shifts, and Monday toFriday static afternoon shifts, etc. It is Mr. Star’s observation that management at Gateway ismore willing to accommodate worker requests for specific shifts and times. Gateway onlyoperates from Sunday night through to Friday.[130] Mr. Star also confirmed that there was a management proposal for “shift bidding” on arotational non-seniority based system that doesn’t impact the needs of the CBSA operation. It hasnot been implemented however, because management and Union have not been able to ascertain aworkable process that does not conflict with the VSSA. It was unclear whether this proposed shiftbidding would have alleviated the Complainant’s situation, and it was not relied on by either sideas an answer to the issues before this hearing.2010 CHRT 20 (CanLII)[131] The Tribunal dealt with the Union’s position in 2009 CHRT 14 as the Respondent appliedto have the Union added as a party to this hearing on the basis that the Union may shareresponsibility for any discriminatory conduct that might be found because the VSSA prohibits theRespondent from acceding to the Complainant’s hours accommodation requests. The Union tooka position in support of the remedies sought by the Ms. Johnstone arguing that those remedies donot require changes to the collective agreement or the VSSA, but only for the Respondent toestablish a policy of accommodation based on family status. The Tribunal dismissed theRespondent’s application, finding that Ms. Johnstone had not made allegations against the Unionnor was there any indication on the record that the collective agreement or the VSSA played a rolein management’s policies concerning the issues raised by her complaint.[132] Asked about BSOs working part-time Mr. Star said there were workers who workpart-time for family reasons, due to medical restrictions, or by personal choice such as being closeto retirement. Generally, when a request based on these reasons is put forward, the BSO sits downwith management and a shift that accommodates the particular request is worked out. Generally,part-time workers work afternoon shifts (10 am to 8 pm; 12 pm to 10 pm). Afternoons are thebusiest time at PIA so this fits neatly with management’s operational goals.