View cases - Stewart McKelvey

59[281] However, Mr. Sheridan acknowledged that there are part-time employees working morethan 10 hours per day, and that this has been permitted if it also meets “operational needs”. Inaddition, Mr. Sheridan conceded that both today and in 2004 many part-time BSOs were workingshifts longer than 10 hours and some more than 34 hours per week.[282] Gateway and land border sites, for example, have many employees working greater than10 hour shifts as well. Certainly, at the land border sites Mr. Sheridan agreed that BSOs must beever-vigilant and prepared to meet and deal with the unexpected.[283] CBSA offered no evidence to substantiate this impressionistic view that a BSO shift ofmore than 10 hours would have a negative operational and performance impact.2010 CHRT 20 (CanLII)[284] Mr. Sheridan agreed with the other witnesses that the time of greatest operational demandat PIA is the afternoon period from approximately 14:00 to 22:00 hours. As it turns out, themajority of part-time employees who have the option of working a preferred static shift, choosethis time period. Mr. Sheridan acknowledged that this alignment would make accommodation ona full-time basis fairly easy, and Ms. Johnstone was willing to work over this time period on the3 days she requested. However, its arbitrary policy was in place and there was no individualassessment of Ms. Johnstone’s request as outlined.[285] With medical accommodation requests separated out from other “arrangements”, and therecognized requirement by CBSA that such accommodations are required under human rightslegislation, a system has evolved to deal with medical request on an individualized basis. Twomanagers are tasked with coordinating and monitoring such requests, i.e. gathering in medicaldocumentation and other factual background information to ‘package’ the request.[286] The request is then sent on to a regional committee is called the AccommodationsSubcommittee. This committee, upon which Mr. Sheridan sits, is composed of CBSAmanagement representatives. It meets regularly, and is given a schedule of requests to considerwith the relevant background information. Decisions are taken at this level to grant the request,ask for further information or clarification, or deny it with reasons given. To assist in these