Supervisor 'right to express such disagreement': Arbitrator
A professor at Sheridan College in Ontario brought four grievances against his supervisor, alleging ongoing harassment.
The professor, identified as “Aggarwal,” alleged that Rob Giberson, associate dean, “does not want my success and he only causes difficulties for me,” in an Oct. 1, 2015, grievance. Aggarwal was hired by the college in 2012 as a partial-load professor but was given a full course load in 2013.
Three other grievances were also filed (April 15, June 8 and July 12, all in 2016) for violating the collective agreement for intimidation, discrimination for union activity, bullying and harassment.
Giberson testified that Aggarwal was an excellent teacher, but he was also difficult to manage and did not take kindly to any criticism. Aggarwal became more combative during successive incidents, said Giberson.
During a June 2014 presentation, the grievance alleged, Giberson interrupted Aggarwal’s constant questions by telling him to “get it through your thick skull,” in front of about 20 to 30 colleagues.
But Giberson denied making the comment.
In another incident, Giberson felt a student’s appeal of a mark should be upheld, against Aggarwal’s wishes. But Giberson ended the meeting when he said, “This could be your last rodeo, cowboy,” to Aggarwal.
Giberson testified that he didn’t make any such comments and that type of wording was not part of his regular vocabulary.
In 2014, Aggarwal requested leave from attending a doctorate program of study as he was struggling with personal problems, but it was denied by Giberson.
Instead, Giberson suggested a reduced workload, but this was refused by Aggarwal. Giberson also offered to assign Aggarwal courses on one campus, instead of two, which was accepted.
Finally, it was alleged Giberson assigned work to Aggarwal during a vacation in June 2016.
But the email was sent to Aggarwal requesting the status of a course outline that was supposed to have been completed before he went on vacation. Giberson testified he wasn’t aware Aggarwal was on vacation and he was only inquiring about the outline.
Arbitrator Norm Jesin dismissed all of the grievances.
“I agree that the most of the incidents cited by (Aggarwal) are incidents in which Giberson expressed legitimate disagreement with (Aggarwal), as with regard to the student appeals, or in which Giberson expressed reasonable criticism of (Aggarwal) by telling him he should be less combative and more cooperative. Rightly or wrongly, it is within Giberson’s management right to express such disagreement and to level such criticism in the circumstances described,” said Jesin.
The email during the vacation was also not in violation of the collective agreement, according to Jesin.
“I also find no violation in Giberson’s email to (Aggarwal) during his vacation. It was legitimate for Giberson to ask (Aggarwal) about an assignment that was overdue. Giberson did not ask (Aggarwal) to perform any work on his vacation.”
Aggarwal’s behaviour contributed greatly to the tense feelings between him and Giberson. “(Aggarwal) did not easily accept Giberson’s decisions when (Aggarwal) disagreed with him. (Aggarwal) may have found these areas of disagreement difficult to accept. However, from Giberson’s viewpoint, (Aggarwal’s) reluctance to accept Giberson’s decisions in circumstances where he disagreed created challenges for Giberson in his ability to manage,” said Jesin.
Finally, both of the reported derogatory comments were not proved, said the arbitrator.
“The evidence does not make out that Giberson made the comments alleged and further, he is aware that such comments are not acceptable. Even if the ‘rodeo’ comment had been made, it is not clear to me that a single comment made in frustration would amount to violation of the collective agreement,” said Jesin.
Reference: Sheridan College and Ontario Public Service Employees Union. Norm Jesin — arbitrator. Daniel Michaluk for the employer. Mathieu Belanger, Rebecca Liu for the employee. March 12, 2018. 2018 CarswellOnt 3702
