Too little too late for grievor, arbitrators rule
No evidence of harassment could be found to support a teacher’s grievance against the Nova Central School District, an arbitration board has ruled.
The Newfoundland and Labrador Teachers’ Association (NLTA) filed the grievance against the school board on behalf of Ed Cole, a senior teacher who started working at Botwood Collegiate in 1997.
Cole reported that his fellow staff members at Botwood Collegiate began harassing him in 2003.
The harassment caused Cole so much stress he went on sick leave on June 11, 2004. Following recommendations from a psychologist and an employee assistance program (EAP) co-ordinator, Cole was transferred in 2006 to another school — Exploits Valley Intermediate.
The employee believed the school’s staff was "poisoned" against him by his former colleagues and the alleged harassment continued.
The union claimed the district failed to investigate the harassment of Cole, failed to take steps to stop the harassment and failed to protect him from repercussions following his complaint.
The union said Article 58 of its collective agreement with the school district — an article detailing the right of all teachers to work in an environment "free from harassment" — was violated by the employer’s actions and claimed full redress for losses including compensation for Cole.
A long letter of grievance
On Oct. 1, 2009, Cole sent a letter of grievance to Cynthia Fleet, the director of education for the Nova Central School District. The letter detailed every instance Cole considered to be harassing in nature, beginning in 2003 when he was employed at Botwood Collegiate.
He described the defacing of a portrait a student drew of him, damage done to his personal property in the teachers’ lounge and unwanted sexual advances from a fellow teacher. Cole also reported the principle told him he "had to be tolerated like a homosexual."
Cole testified that he did not feel safe returning to Botwood Collegiate in the fall of 2004 and met with a regional education officer from the district to request a transfer to another school.
When the request was not granted, Cole volunteered to return to Botwood Collegiate and began teaching again in the fall of 2005.
Following his return Cole reported that staff members campaigned to make him appear mentally ill, spreading misinformation that he spoke in riddles and wore outdoor clothing inside the school.
On Nov. 24, 2005, following several confrontations with the principal, Cole was informed that he would be on leave with pay until the district was satisfied he was mentally fit to return to the classroom.
Following psychiatric evaluation Cole was transferred to Exploits Valley Intermediate and returned to work in the fall of 2006.
A ‘fresh start’
Cole testified he would not have chosen to transfer to Exploits Valley Intermediate because he believed its principal was a friend of the administration at his previous school and would be "hostile" toward him.
An adversarial relationship with the principal at Exploits Valley Intermediate caused Cole to take leave in April of 2007.
He returned to the school in 2009 under a new principal. At a meeting with the grievor in August of 2009 both the school administration and a union representative stated they believed the new school year under a new principal would serve as a "fresh start" for Cole.
In December of that year a complaint was filed against Cole for an incident involving a student. The student, referred to as J, used a stress ball to control stress-induced symptoms.
Cole confiscated the ball from the student and put it in a trash bin. After being informed of the ball’s purpose, Cole confiscated it a second time and placed it in the trash.
After receiving the letter of complaint from his principal Cole left the school immediately. He was asked to attend a meeting to address the incident the next day but did not return.
The investigation of the incident was put on indefinite hold after Cole did not return to the school, citing unpaid leave.
The union submitted that the school district failed to maintain a healthy workplace and to protect its employees from harassment.
It argued the employer failed to grant Cole’s initial request for transfer, chose to ignore the psychological evaluations that recommended he be transferred and then failed to provide adequate support for Cole in his new workplace when he was eventually transferred.
The employer, however, argued that no other teachers complained that either Botwood Collegiate or Exploits Valley Intermediate were "toxic" workplaces. The employer went on to submit that "workplace tensions and personality clashes do not amount to harassment."
In its ruling the arbitration board made it clear it had no jurisdiction over events that occurred before Sept. 1, 2008, in accordance with a preliminary award.
The board ruled that there was no allegation of harassment and no finding of harassment at Exploits Valley Intermediate in or after September 2009 and as a result could not find the employer in violation of its obligation to stop any harassment within the period of time under the board’s jurisdiction.
As a result, the board denied the grievance.
Reference: Nova Central School District and the Newfoundland and Labrador Teachers’ Association. James C. Oakley, Ray Goulding and Andrew Butt — Arbitration board. Ian C. Wallace for the employer and V. Randell J. Earle for the union. April 8, 2013.
