Multiple complaints against grievor while supervising
Even though he was the most senior candidate when a lead-hand position was posted, a Harbour Grace, N.L. employee was not promoted.
George Verge applied for the open position on May 2018, that was posted after the previous lead-hand resigned. While the former lead-hand considered whether or not to resign, John Mercer, supervisor, had placed Verge into the lead-hand slot on numerous occasions, as a replacement.
The employer, Harbour Grace CS, operated a fishing and harvesting operation at a dock. It wanted to hire a lead-hand who would supervise loading and unloading efforts, as well as placing products into cold storage.
Verge testified that about 90 per cent of his work in 2017 and 2018, was as a lead-hand, so he felt he was qualified to do the job.
However, payroll records showed that Verge only worked 12 lead-hand shifts in 2017.
When he attended the interview, Verge testified he did well and he proved that he was qualified. But the following morning, he was surprised when he was advised that Keith Verge won the position, despite his seniority date of May 26, 2018. George’s seniority date was Jan. 13, 2005.
However, said Jim Gibbons, general manager, Verge gave vague answers during his interview, while Keith’s responses, and his subsequent performance as lead-hand, proved the employer made the correct decision.
Several complaints had been received about Verge’s performance, said operations manager Bert Vokey. One was a safety complaint in which Verge didn’t report a broken ladder until after a scheduled break, which resulted in an employee being stuck inside a cargo hold until after the break.
Another complaint was received after a customer took offense to boxes improperly stacked on pallets, which caused them to get dirt and debris inside.
A third issue happened, that illustrated Verge’s unsuitability for the lead-hand position, according to Vokey, was when an employee went to Verge and he told him that he was afraid another worker was going to assault him. Instead of going to Verge, the employee went directly to Mercer, which was against the proper chain-of-command rules.
The union, the Fish, Food and Allied Workers (FFAW)/Unifor, filed a grievance on July 5, 2018, after Verge was denied the promotion.
It argued that because Verge wasn’t given any written reprimands or warnings during his time working as a lead-hand, it meant he was suitable for the position and he should have been awarded it due to his vast seniority over Keith.
The employer countered and argued that due to the three complaints and Verge’s poor performance during the interview, that proved he wasn’t more qualified than the successful candidate.
Arbitrator James Oakley dismissed the grievance. “I find that the employer properly considered all three factors of ability, suitability and seniority, and that its assessment of (George Verge) and other candidates was not unreasonable, arbitrary or made in bad faith. The employer complied with article 12.01 of the collective agreement when it selected Keith Verge for the position of lead hand.”
“The employer assessed (Verge) as not having sufficient ability and suitability for the position. The employer acknowledged that (Verge) was a dedicated worker and was suitable for other positions, although he did not have sufficient ability and suitability for the position of lead- hand,” said Oakley.
And by not properly handling a safety-related situation, that showed that Verge was not suitable for a supervisory position, according to Oakley. “It was reasonable for the employer to consider that (Verge) had not properly exercised his responsibility for safety, by not ensuring that the employee in the hold of the vessel had a ladder before the crew left for the break.”
Reference: Harbour Grace CS and Fish, Food and Allied Workers/Unifor. James Oakley — arbitrator. Megan Noseworthy for the employer. Greg Pretty for the employee. Oct. 29, 2018.
George Verge applied for the open position on May 2018, that was posted after the previous lead-hand resigned. While the former lead-hand considered whether or not to resign, John Mercer, supervisor, had placed Verge into the lead-hand slot on numerous occasions, as a replacement.
The employer, Harbour Grace CS, operated a fishing and harvesting operation at a dock. It wanted to hire a lead-hand who would supervise loading and unloading efforts, as well as placing products into cold storage.
Verge testified that about 90 per cent of his work in 2017 and 2018, was as a lead-hand, so he felt he was qualified to do the job.
However, payroll records showed that Verge only worked 12 lead-hand shifts in 2017.
When he attended the interview, Verge testified he did well and he proved that he was qualified. But the following morning, he was surprised when he was advised that Keith Verge won the position, despite his seniority date of May 26, 2018. George’s seniority date was Jan. 13, 2005.
However, said Jim Gibbons, general manager, Verge gave vague answers during his interview, while Keith’s responses, and his subsequent performance as lead-hand, proved the employer made the correct decision.
Several complaints had been received about Verge’s performance, said operations manager Bert Vokey. One was a safety complaint in which Verge didn’t report a broken ladder until after a scheduled break, which resulted in an employee being stuck inside a cargo hold until after the break.
Another complaint was received after a customer took offense to boxes improperly stacked on pallets, which caused them to get dirt and debris inside.
A third issue happened, that illustrated Verge’s unsuitability for the lead-hand position, according to Vokey, was when an employee went to Verge and he told him that he was afraid another worker was going to assault him. Instead of going to Verge, the employee went directly to Mercer, which was against the proper chain-of-command rules.
The union, the Fish, Food and Allied Workers (FFAW)/Unifor, filed a grievance on July 5, 2018, after Verge was denied the promotion.
It argued that because Verge wasn’t given any written reprimands or warnings during his time working as a lead-hand, it meant he was suitable for the position and he should have been awarded it due to his vast seniority over Keith.
The employer countered and argued that due to the three complaints and Verge’s poor performance during the interview, that proved he wasn’t more qualified than the successful candidate.
Arbitrator James Oakley dismissed the grievance. “I find that the employer properly considered all three factors of ability, suitability and seniority, and that its assessment of (George Verge) and other candidates was not unreasonable, arbitrary or made in bad faith. The employer complied with article 12.01 of the collective agreement when it selected Keith Verge for the position of lead hand.”
“The employer assessed (Verge) as not having sufficient ability and suitability for the position. The employer acknowledged that (Verge) was a dedicated worker and was suitable for other positions, although he did not have sufficient ability and suitability for the position of lead- hand,” said Oakley.
And by not properly handling a safety-related situation, that showed that Verge was not suitable for a supervisory position, according to Oakley. “It was reasonable for the employer to consider that (Verge) had not properly exercised his responsibility for safety, by not ensuring that the employee in the hold of the vessel had a ladder before the crew left for the break.”
Reference: Harbour Grace CS and Fish, Food and Allied Workers/Unifor. James Oakley — arbitrator. Megan Noseworthy for the employer. Greg Pretty for the employee. Oct. 29, 2018.
