Five-year gap since kiln job last performed by engineer
A British Columbia company violated its collective agreement when it denied an employee the right to bump into a job that he had last worked five years previously over competency concerns, according to an arbitrator.
West Fraser Mills is a forestry company based in Quesnel, B.C., that produces lumber and other wood products. It has a kiln system that burns dry wood shavings to heat oil that dries lumber. Safety was of utmost importance in kiln operation, as there was a risk of fire and extreme heat was involved.
West Fraser hired a worker in 1993 who became certified as a fifth-class power engineer in 2002. Following his certification, he worked as a relief then a full-time kiln attendant, sometimes acting as chief engineer. He spent a total of 11 years working in the kiln, sometimes training other employees on the kiln-attendant position.
In 2013, the worker began an apprenticeship as a heavy-duty equipment technician and left the kiln operations. He worked as a technician for nearly six years until he was laid off in January 2019.
The collective agreement allowed employees who were laid off due to a “reduction of forces” to apply their seniority to obtain a lower-paid job or one with equal pay, as long as the worker was deemed competent and had the skills for the position. The worker sought to bump a kiln attendant who had less seniority than he, but West Fraser denied his request. The chief engineer didn’t believe the worker was competent because he had been absent from the kiln for five years.
During the five years since the worker had last worked in the kiln, the equipment in the energy system had been upgraded and new emergency procedures had been implemented. The chief engineer also didn’t know any details about the worker’s time in the kiln as it was before his time. He determined that the worker had to take training to prove his competency and knowledge of safety procedures before he would approve his return to the kiln attendant position. The training involved an instructional program that other kiln attendants weren’t required to complete as they had been consulted when planning the new system.
The union filed a grievance claiming that West Fraser violated the collective agreement by not allowing the worker to bump right into the kiln-attendant position, arguing that the worker’s experience made him competent and qualified. West Fraser replied that the worker needed to learn new skills to resume that job, where plant safety was a critical consideration.
The arbitrator commented that “a competent employee is one who has the skill and ability to work safely” and noted that the worker was a fifth-class power engineer who had lengthy experience in the kiln. This experience gave the worker “a working understanding of kiln operations and each component of the energy system” and hands-on knowledge. Though there were changes in procedures and upgrades to the system, the worker’s knowledge and skills meant that he could be competent to work in the kilns “with a short period of familiarization.”
The arbitrator also noted that the chief engineer wasn’t familiar with the worker’s prior time spent in the kiln, but “a reasonable investigation of the [worker’s] employment record would have disclosed extensive previous experience and relevant abilities.”
The arbitrator added that provincial legislation states that a fifth-class power engineer is appropriately qualified to perform work that may affect the operation and safety of a kiln.
The arbitrator determined that the chief engineer could implement the training program “to elevate the [worker’s] skill and ability to what he viewed to be a more credible standard” but West Fraser wasn’t entitled to deny the worker’s right to bump until he exceeded the standard of competency.
Reference: West Fraser Mills and USW, Local 1-2017. Ken Saunders — arbitrator. Donald Jordan for employer. Sarbjit Deepak for employee. March 24, 2020. 2020 CarswellBC 1167
