View cases - Stewart McKelvey

informed Mr. Hines that Mr. Pannu had declined all positions, and that Skeena should simplyplace him where it needed him.[32] On March 30, Mr. Hines spoke to Mr. Pannu directly. He explained the types ofpositions available. Mr. Pannu made it clear that any position he took was under protest, as hebelieved he should remain in the Recaust Operator position. Mr. Hines asked Mr. Pannu if hisback “would be a problem” and Mr. Pannu confirmed that it would. Mr. Hines then suggestedthat a Stores Counterman position would be better for Mr. Pannu than a Utilityman position.They agreed to speak the next day.[33] On March 31, Mr. Hines spoke to Mr. Pannu by telephone and visited him at his home.Mr. Pannu was still on bed-rest. Mr. Hines outlined the Stores Counterman and Knife Grinderpositions for Mr. Pannu. Mr. Pannu said he would accept the Knife Grinder position, “underprotest.”[34] As indicated by notes of the April 14, 1994 meeting between Skeena and the Union (Ex.6, Tab 20), the Union objected to Mr. Pannu taking the Knife Grinder position because he hadnot signed the bid. The issue is noted again in the minutes of the April 28 meeting between theUnion and Skeena. The minutes record the Union’s continued opposition to placing Mr. Pannuin the Knife Grinder position as well the fact that the process “was stalled” because of Mr.Pannu’s ongoing back problems. At that point it was expected that Mr. Pannu would return towork in 6-8 weeks.[35] Ms. Gomez testified that she became involved in the search for an alternate position forMr. Pannu in late spring 1994. In June 1994, while Mr. Pannu was still on medical leave, Ms.Gomez arranged for videos to be made of the Knife Grinder and Stores Counterman positions sothat Dr. Mackle, Mr. Pannu’s physician, could tell Skeena which would be more suitable for Mr.Pannu. Dr. Mackle responded that neither was suitable to Mr. Pannu’s medical condition.[36] Ms. Gomez then discussed a position as Second Cook with Mr. Pannu and made a videoof the job for Dr. Mackle to review. In his letter of August 27, 1994, Dr. Mackle recommendedsome modifications to the position, but suggested that Mr. Pannu could try it.8