Constant 'churn' disrupted department's hiring
A worker at the Interior Health Authority of British Columbia was told she could no longer rely on a leave of absence from her position as payroll assistant because it would “unduly interrupt” the department’s operations.
Maria Beauchamp had worked as a casual employee in 2005, but the next year, she became a regular employee. In November 2010, she began work as an accounting assistant in the payroll department.
In July 2011, Beauchamp took her first 60-day leave of absence from the employer and began working for the union, the Hospital Employees’ Union.
When she left, she was replaced by another payroll assistant, who also had to be replaced and, according to the employer, this began to cause hardship in the department with regards to staffing levels.
Nadine Desson, supervisor, said because she always believed Beauchamp would eventually return, she delayed the process of filling various positions.
Twelve more times, Beauchamp took a 60-day leave and did not return to her previous position.
On May 27, 2013, Beauchamp was given a one-year leave as requested by the union. But on July 28, 2014, she was hired full-time by the union and advised the employer.
And the union requested an indefinite leave for Beauchamp.
But the authority did not allow for indefinite leaves, according to Desson.
Instead, it offered a final six-month leave after which a decision on Beauchamp’s future must be made: “Beauchamp will be required to make a decision to either resign from Interior Health Authority or return to her position at that time.”
The union changed the leave requirement because the company insisted upon an end date, as was written in the collective agreement. It gave March 31, 2019, as the end date of leave because that was the last day of the current agreement.
But the leave was denied due to “churn (that) was always happening and all the change” taking place in the department, which was going through various systems changes and new ways of processing payroll, testified Desson.
The six-month leave was again offered.
“Anything longer would constitute an undue disruption to the operations of the department,” according to a Dec. 1 letter of response from Desson
The union grieved the decision on Dec. 22, 2014. It argued there was a still a chance Beauchamp could be laid off from the union position and the job security of the payroll department position was important.
Arbitrator John Hall dismissed the grievance.
“I find that granting the revised leave-of-absence request for Beauchamp would have unduly interrupted the operation of the employer’s payroll department,” said Hall. “Moreover, from an objective perspective, the point of undue interruption had been reached by the time the revised request was made.”
Hall cited “the difficulty of recruiting and retaining qualified employees in the ordinary course, which is exacerbated when trying to fill positions on a temporary basis” as one of the major factors in finding for the employer.
“But, unquestionably, the most disruptive element, as identified by the employer, was the churn caused by continuously having to post and/or backfill positions on a short-term basis. This negatively impacted the entire payroll department on a number of dimensions,” said Hall.
The arbitrator directed Beauchamp to come to a decision on where she would work full-time.
“On the other hand, if Beauchamp intends to remain in her permanent union position, the decision should be conveyed to the employer in a timely manner so it can initiate the process for filling the accounting assistant position on a permanent basis,” said Hall.
Reference: Interior Health Authority (Health Employers Association of B.C.) and Hospital Employees’ Union. John Hall — arbitrator. Kirsten Hume for the employer. Susanna Quail for the employee. Feb. 8, 2017.
