Changes to program text not completed by organizers
Public comments made at a conference harmed the relationship between Winnipeg’s fire and paramedic employees, ruled an arbitrator.
Chief John Lane spoke at the International Association of Fire Fighters (IAFF) conference in National Harbor, Md., on Aug. 28, 2015, about the roles of both fire and paramedic personnel in responding to incident calls. Lane was an advocate for the integrated model used in Winnipeg, in which both sets of emergency workers responded to emergency calls.
Before the conference, Lane consulted with organizers about the content of his speech.
An earlier draft of the speech introduction included the sentence: “This fire-based model is continuously threatened by single-role EMS providers and misinformed leaders. The speakers in this workshop will present how they use facts to thwart rhetoric and protect the service they provide.”
The comments were sent out via social media. Changes to the wording should have been made, but they weren’t.
Once the document’s introductory language was made public, single-role EMS providers (paramedics) quickly complained about the comments. Winnipeg paramedics made up the bulk of the union membership (Manitoba Government and General Employees' Union (MGEU), Paramedics of Winnipeg, Local 911).
The union filed a grievance on Sept. 4 (signed by 156 employees) and it included a respectful-workplace complaint.
The program language was “insulting and disrespectful to our members. It has jeopardized employee morale, dignity and well-being and has the potential to undermine work relationships and productivity,” wrote the union in the complaint.
In July 2016, it was ruled after an independent investigation that Lane violated the agreement. He was ordered to write an apology to all union members — which he did in November — and he offered an “unreserved and sincere apology.”
However, the union said the apology was late and not sincere enough. It argued Lane should be forced to prepare another apology — with language written by the union — and he should undergo respectful-workplace training.
Lane argued the apology was late because it had to be approved by various members of the service’s executive, which took time. As well, the investigation had to be completed, which also contributed to the lateness of the apology.
Troy Reidy, vice-president of the MGEU, testified he was “distressed and shocked” upon reading the program’s language through social media and most members of the paramedics union felt “second-class” due to their single-role designation, unlike firefighters, most of whom were dual-role trained as paramedics.
Arbitrator Arne Peltz upheld the grievance and ordered the city to pay $300 to each member of the bargaining unit as of Sept. 1, 2015, and to pay the union $10,000 in damages.
“While there was injury to dignity, I would distinguish it from cases where the collective agreement breach caused particular harm to individuals due to their personal circumstances,” said Peltz.
“In the present case, there is no evidence of unique harm to any individual or select group of employees within the bargaining unit. The text was offensive and insulting to all members equally. In essence, it was an affront to the dignity of the entire group.”
However, he said, “the chief is not ordered to apologize again in the terms drafted by the union, nor is the city ordered to prepare a corrective action plan.”
What Lane did was wrong and worthy of reprimand, but it “was not a conscious effort to demean or belittle” union members, said Peltz
“Union members were offended and insulted by a written program banner under which the chief gave a presentation at an out-of-country conference. It was not the words he spoke that offended but the header under which he appeared. The text conveyed a disrespectful message to paramedics.”
And the arbitrator found fault with the chief's initial apology to the union membership.
“There was undue delay in delivering an apology for the disrespectful message. When it finally came, the apology was insufficient and insincere,” said Peltz.
Reference: City of Winnipeg and Manitoba Government and General Employees' Union. Arne Peltz — arbitrator. John Jacobs for the employer. Keith LaBossiere for the employee. Feb. 28, 2018. 2018 CarswellMan 65
