FAQ's Cases - Stewart McKelvey

Mr. Wallace. The evidence is that Mr. Keen did not know Mr. Wallace very well as thelatter had only been transferred to the Coquitlam Sand and Gravel operation in June 2010after which time the Grievor had worked on the night shift and then was off on sick leavefor three weeks.Mr. Wallace and Mr. Birch both testified they met in Mr. Wallace’s office forabout fifteen minutes. It is agreed that the discussion between the two began with Mr.Keen explaining about the messy cab and uncleaned tracks on the excavator. Mr.Wallace indicated to Mr. Keen that he was aware of the problem as he had read the logbook which Mr. Keen had completed detailing these concerns and Mr. Wallace agreedthat Mr. Keen had a legitimate complaint in that regard.Mr. Wallace testified that then the discussion “somehow turned to Mr. Birch”.Mr. Wallace testified Mr. Keen suddenly became very agitated and stated he hadconcerns with Mr. Birch’s unsafe operation of the loader although there was noelaboration by Mr. Keen about specific incidents. (Mr. Wallace testified that hepersonally had watched Mr. Birch operate the loader on “lots of occasions” and had noissue with his approach to safety”.)Mr. Keen then made three complaints to Mr. Wallace, specifically that Mr. Birchwanted to take his job as the excavator operator, that Mr. Birch was trying to become theleadhand on the afternoon shift and that Mr. Birch had been watching Mr. Keen while hewas working.Mr. Wallace testified that he felt these concerns about Mr. Birch wanting Mr.Keen’s job or to be the leadhand would be easy to resolve as Mr. Wallace knew Mr.Birch was not interested as he wanted to become the loader operator on the day shift.Moreover, Mr. Birch was not qualified to operate the excavator and, in any event, theseare posted positions under the Collective Agreement and employees cannot simplydisplace other individuals who have the right to these jobs.Mr. Keen testified that he brought up these issues about Mr. Birch with Mr.Wallace because “I wanted to explain to Phil the issues I had with Rod Birch” and that “Iwanted Phil to know about the past and the future”. Mr. Keen testified at the hearingthat, although he was not at all specific with Mr. Wallace, he was concerned that Mr.2011 CanLII 85129 (BC LA)4