Employee unable to attain necessary level of competency after nine months of training
In 2010, Canada Post employee Roberta Hazelton bid on and obtained a position as a bilingual wicket clerk at the Yellowknife post office.
A condition of the job — which she was awarded on the basis of her seniority — was that she be able to converse at the appropriate level in French. Prior to taking the position, Hazelton was required to undergo an assessment to determine whether or not she was proficient enough to qualify for French training.
Hazelton passed the test and was therefore given the opportunity to study French in order to meet the requirements of the position.
Hazelton studied for about nine months before undergoing a French language assessment. She was unable to attain the required level of competency and returned to her original position.
Hazelton was also invited to maintain or improve her language by accessing continuing education tools.
A similar position arose in 2014. Hazelton bid for the position and was once again awarded the job on the basis of her seniority. Canada Post was required to give employees a reasonable period of time to train to become proficient in French for a position, but because Hazelton had already been provided with the required training and failed to achieve the required level of competency, she was informed she would not be awarded the position.
The Canadian Union of Postal Workers filed a grievance on Hazelton’s behalf.
According to the union, Hazelton should have been assigned to the position and once again given an opportunity to acquire sufficient French-language proficiency because of her seniority.
The employer, however, argued its decision was a fair and reasonable exercise of its management rights to provide policy guidelines with respect to the training of employees for the purpose of reaching bilingual proficiency. The employer argued it had no further obligation to train an employee who has already demonstrated an inability to reach the necessary level of bilingual competency.
Hazelton was provided the maximum language training available to her in 2010-11, the employer said, and it haf already fulfilled its obligations to provide a reasonable opportunity to the employee to meet the language requirements of the position.
Arbitrator Richard Hornung found the employer’s position to be reasonable.
“In this case, the ‘seniority’ of the grievor has not been adversely affected, as suggested by the union,” Hornung said.
“She was, in fact, essentially awarded the position based on her ‘raw’ seniority. However, her inability to become bilingual as required by the specific terms (of the collective agreement) led the employer to effectively return her to ‘a non-bilingual vacant assignment.’”
As a result, the grievance was dismissed.
Reference: Canada Post and the Canadian Union of Postal Workers. Richard I. Hornung — arbitrator. John Sharp for the employer, Roberta Mitchell for the union. Sept. 23, 2015.
A condition of the job — which she was awarded on the basis of her seniority — was that she be able to converse at the appropriate level in French. Prior to taking the position, Hazelton was required to undergo an assessment to determine whether or not she was proficient enough to qualify for French training.
Hazelton passed the test and was therefore given the opportunity to study French in order to meet the requirements of the position.
Hazelton studied for about nine months before undergoing a French language assessment. She was unable to attain the required level of competency and returned to her original position.
Hazelton was also invited to maintain or improve her language by accessing continuing education tools.
A similar position arose in 2014. Hazelton bid for the position and was once again awarded the job on the basis of her seniority. Canada Post was required to give employees a reasonable period of time to train to become proficient in French for a position, but because Hazelton had already been provided with the required training and failed to achieve the required level of competency, she was informed she would not be awarded the position.
The Canadian Union of Postal Workers filed a grievance on Hazelton’s behalf.
According to the union, Hazelton should have been assigned to the position and once again given an opportunity to acquire sufficient French-language proficiency because of her seniority.
The employer, however, argued its decision was a fair and reasonable exercise of its management rights to provide policy guidelines with respect to the training of employees for the purpose of reaching bilingual proficiency. The employer argued it had no further obligation to train an employee who has already demonstrated an inability to reach the necessary level of bilingual competency.
Hazelton was provided the maximum language training available to her in 2010-11, the employer said, and it haf already fulfilled its obligations to provide a reasonable opportunity to the employee to meet the language requirements of the position.
Arbitrator Richard Hornung found the employer’s position to be reasonable.
“In this case, the ‘seniority’ of the grievor has not been adversely affected, as suggested by the union,” Hornung said.
“She was, in fact, essentially awarded the position based on her ‘raw’ seniority. However, her inability to become bilingual as required by the specific terms (of the collective agreement) led the employer to effectively return her to ‘a non-bilingual vacant assignment.’”
As a result, the grievance was dismissed.
Reference: Canada Post and the Canadian Union of Postal Workers. Richard I. Hornung — arbitrator. John Sharp for the employer, Roberta Mitchell for the union. Sept. 23, 2015.
