Felt 28 years on the job 'meant nothing'
A long-time nursing home worker thought she was the right candidate for a promotion to activity coordinator. But during an interview, she abruptly walked out and immediately grieved her treatment.
Carol Thibodeau was hired in 1986 at Tabusintac Nursing Home in Tabusintac, N.B., as a housekeeping worker.
When a posting came up for an activity coordinator, Thibodeau and Amy Hill were the two internal candidates selected for a Feb. 12, 2015, interview. The employer wanted to fill the position quickly as the current incumbent left the position on short notice.
Required prerequisites for the job were a grade 12 diploma, a driver’s licence and a training program. At the time of the posting, Thibodeau had fulfilled none of these requirements.
The home had previously instituted a grandfathering policy making all current workers grade 12-equivalent, even if they didn’t achieve the diploma. Thibodeau knew about this policy and believed her long service would satisfy the requirement.
During the interview, Thibodeau reported “feeling intimidated” as she was questioned But then she was taken aback after a question and “went blank.”
“(Director of nursing Linda) O’Shea (said) Thibodeau advised that she was ‘going to her CUPE representative’ and left. O’Shea attested to being ‘surprised.’ She said that Thibodeau never returned,” said arbitrator Robert Breen.
After Hill was announced as the new activity coordinator, Thibodeau filed a grievance stating she had met the requirements and was the senior applicant.
During a March 3 meeting, Thibodeau said she felt her 28 years “meant nothing.”
Meanwhile, the successful applicant Hill had a grade 12 diploma, a driver’s learning permit and had enrolled in an Atlantic Institute on Aging training course. Her attendance record was significantly better than Thibodeau’s who had booked multiple days off for health reasons.
The union argued against the “arbitrary and unreasonable interview process” which provided undue hardship on Thibodeau. The employer said a higher level of skills required necessitated an interview.
“Further, while it is not disputed that Thibodeau may have felt intimidated by the interview process, this was no reason to walk out of the interview and to never come back, and to just file a grievance,” said the employer.
Thibodeau put the employer in an awkward position when she walked out, said the arbitrator.
“Thibodeau left and never returned. The employer was left in a position to either conclude that there was no one qualified and to go outside to fill the job or to reasonably exercise its managements rights and appoint Hill, on the condition that she fulfil the identified training program requirements,” said Breen.
“I am satisfied that having reviewed the testimony and the exhibits, there is no evidence at all that this employer acted in bad faith, arbitrarily or in a discriminatory manner in the posting or in the interview process that it reasonably chose to follow.”
Reference: Tabusintac Nursing Home and the Canadian Union Of Public Employees, Local 4796. Robert Breen — arbitrator. Sophie Noel for the employer. Mary Fougère for the employee. July 22, 2016.
