The Saskatchewan Employment Act. In the Matter of an Arbitration Pursuant to a Collective Agreement

Transcription

1 The Saskatchewan Emplyment Act In the Matter f an Arbitratin Pursuant t a Cllective Agreement Between: Canadian Unin f Public Emplyees, Lcal 974 (Carla Smith, Grievr), Unin and The Cmmunity Health Services (Saskatn) Assciatin Ltd., Emplyer Befre: Representing the Unin: Representing the Emplyer: Anne M. Wallace, QC Chair, Arbitratin Bard Panel Dlres Duglas, Unin Representative Eric Sarauer, Emplyer Representative Janice Janzen, CUPE Natinal Representative Leah Schatz, QC, Cunsel Heard at: Saskatn, Saskatchewan Nvember 7 9, 2017 I. Intrductin Award 1. On September 19, 2016, the Canadian Unin f Public Emplyees ( CUPE r the Unin ) filed a grievance (the Grievance ) n behalf f Carla Smith ( Smith r the Grievr ) against The Cmmunity Health Services (Saskatn) Assciatin Ltd. ( CHSA r the Emplyer ) with respect t terminatin f Smith s emplyment with CHSA n September 19, The Unin filed the Grievance pursuant t a Cllective Bargaining Agreement (the CBA ) between the Emplyer and the Unin in frce frm April 1, 2012 t March 31, The parties agree this is the relevant CBA. 3. The letter f terminatin dated September 19, 2016 (the Terminatin Letter ) reads: As yu will recall, yu received a Letter f Reprimand n March 17 th, 2016 fr insubrdinatin and unacceptable behavir. Additinally, at that time, yu were advised that CHSA has an expectatin that staff cmmunicate respectfully with Department Heads and ther staff. 1

2 Disrespectful, aggressive behavir is a vilatin f the Persnal Cnduct Plicy and will nt be tlerated. On March 21, 2016, yu received a Letter f Suspensin and were suspended withut pay because f yur actin twards yur Manager which vilated CHSA s Harassment plicy, and ur Persnal Cnduct plicy. This letter stated any future ccurrence wuld result in terminatin f emplyment. On September 12, 2016, September 13, 2016, and September 14, 2016, yur Directr received numerus cmplaints frm several staff regarding yur inapprpriate actins and disrespectful behavir. These include breach f cnfidentiality, wrking utside yur scpe f practice, and vilatin f CHSA s Persnal Cnduct Plicy. As per CHSA s Persnal Cnduct Plicy, CHSA is cmmitted t cultivating an atmsphere f trust, respect, and dignity in all ur relatinships. Yur actins are a direct vilatin f this plicy in additin t CHSA s Harassment Plicy. CHSA will nt tlerate this behavir. Effective immediately, yur emplyment with CHSA has been terminated fr cause. We request that yu return any and all prperty that was generated r btained during yur emplyment with us, including any CHSA prperty which may include dcuments, handbks, name tags, keys, security cards, etc. All mnies wing t yu will be delivered via registered mail by Octber 6, 2016 as well as a Recrd f Emplyment. 4. Grievance states: I / We the undersigned claim that n Sept 19/16, the emplyer unjustly terminated Carla Smith, and is in vilatin f Article 19 f the cllective agreement. Therefre I / We request that Carla Smith be made whle withut lss f wages and benefits and that she be made whle including but nt limited t damages. Apprpriate adjustment t senirity and any ther remedy under the circumstances. 5. The Emplyer claims it had just cause fr the terminatin. The parties were unable t reslve the Grievance and the Unin referred the Grievance t arbitratin. I was appinted t chair the arbitratin bard (the Bard ) t hear this case. The Unin has appinted Dlres Duglas and the Emplyer has appinted Eric Sarauer. 6. At the utset, the parties acknwledged the Bard has been prperly cnstituted and that we have jurisdictin t hear and determine the Grievance. The parties als agreed t the usual rder fr exclusin f witnesses. 7. Janice Janzen, CUPE Natinal Representative, represented the Unin. Leah Schatz, QC, represented the Emplyer. 8. Emplyer witnesses included: 1. Creen Usselman, CHSA Directr f Human Resurces 2. Leilani Oscaris, CHSA Receptinist and Clinical Office Assistant 3. Jeff Leri, CHSA Receptinist and Clinical Office Assistant 4. Jennifer Purcn, CHSA Receptinist and Clinical Office Assistant 5. Drthy Griffith, CHSA Registered Nurse 6. Marie Bruce, frmer CHSA Directr f Supprt Services and Infrmatin Systems 2

3 7. Leane Bettin, MD, CHSA Family Physician 9. The Unin s nly witness was Carla Smith. II. The Evidence 10. This summary f evidence includes a summary f the evidence f the witnesses alng with reference t relevant prtins f the dcuments entered in evidence at the hearing. 11. I will deal with the credibility, reliability and relevance f the evidence in the Analysis sectin f this Award. General Creen Usselman Leilani Oscaris Creen Usselman has been emplyed at CHSA since She began as a receptinist and has wrked as a medical sten, ut f scpe cnfidential secretary, Executive Assistant Bard Secretary Head f Secretariat Department, and Directr f Supprt Services. Usselman is nw CHSA s Directr f Human Resurces ( HR ). CHSA perates the Saskatn Cmmunity Clinic (the Clinic ). The Clinic, funded in 1962, is a member wned and perated cperative with a ninemember bard f directrs. The Clinic has tw lcatins in Saskatn, ne n 2 nd Avenue Nrth (the Main Clinic ) and ne n 20 th Street West (the Westside Clinic ). The Clinic huses many disciplines and services including physicians, nurse practitiners, pharmacists, lab, ECG, physical therapists, ccupatinal therapists and senirs prgrams. Carla Smith was a receptinist when Usselman started wrking at the Clinic in Over the years, Smith held a number f psitins and wrked at bth Clinics. Smith retired frm the Westside Clinic in In June 2009, Smith came back t wrk at the Westside Clinic as a SWITCH receptinist. SWITCH is the Student Wellness Initiative Twards Cmmunity Health and it is run ut f the Westside Clinic. SWITCH runs Mnday and Wednesday evenings frm 4:40 p.m. t 8:00 pm and Saturdays frm 10:00 a.m. t 2:00 p.m.. In 2010, Smith bid int a casual psitin at the Main Clinic. At the time f Smith s terminatin, she held the psitin f Clinical Office Assistant (Receptinist) at the Main Clinic. In crss-examinatin: Usselman cnfirmed that between the time she became Directr f HR in August f 2015 and March f 2016, she had received n frmal cmplaints abut Carla Smith. There were sme infrmal cmplaints abut Smith and Usselman spke t Smith abut thse. Leilani Oscaris has been a Receptinist and Clinical Office Assistant ( COA ) at CHSA fr mre than three years. She wrked with Carla Smith. 3

4 Jeff Leri Jennifer Purcn Drthy Griffith Marie Bruce Jeff Leri is a fulltime Receptinist and COA at CHSA. He wrked with Carla Smith. Jennifer Purcn has been a Receptinist and COA at CHSA fr ver tw years. She wrked with Carla Smith. Drthy Griffith has been emplyed as a registered nurse at CHSA since April f She is als a certified respiratry educatr. In her wrk, Griffith had reasn t interact with Carla Smith. Marie Bruce was hired at CHSA in January f 2016 and resigned in Octber f She was the Directr f Supprt Services and Infrmatin Systems. She managed the Health Recrds Department, the COA/Receptinists and the Infrmatin Systems Department. Befre she came t CHSA, Bruce had ver 36 years f experience in health care with a fcus n health recrds, registratin, clinical infrmatin systems and integratin at the prvincial, reginal and private level. She was a unin member fr 25 years and fr last eleven years was in management in ut f scpe psitins. She wrked with the Saskatn Health Regin and with E-Health Saskatchewan. At CHSA, Carla Smith reprted t Bruce. Smith was a Receptinist. Her Jb Descriptin was Clinical Office Assistant (Receptinist), but Smith was nly allwed t wrk receptinist duties, nt COA duties. Smith culd d receptinist and frnt desk. Smith was nt authrized t d COA duties because she needed a COA diplma t d that and she did nt have a diplma. In crss-examinatin: Bruce said when she was hired at CHAS in January f 2016, she wrked nly fur days and then was away fr the remainder f January and the mnth f February n a previusly bked trip. She started fulltime at the beginning f March. Bruce said when she started, she was nt given a run dwn n staff members r any mandate t tighten things up and make sure plicies were fllwed mre rigrusly. There was n discussin abut needing t get rid f senir staff because things needed t be cleaned up. Bruce was nt aware f any issues with Smith s skills. I was learning their prcesses at the time t. I asked the staff t help me determine their prcesses. We were wrking twards standard wrk. There was dcumentatin we created. I saw quickly that new staff weren t trained cnsistently, and develped the list s staff are trained n everything. Carla [Smith] was part f creating that list. All the staff were. In my time there, pretty much everybdy tk part. We have a fair amunt f turnver s there s a need fr casuals, there are a number f yunger wmen n mat leaves. Everybdy has had a hand in the training. Bruce cnfirmed Smith was nly allwed t d receptin, nt COA duties. Bruce culdn t say whether there are things Receptin can d at Westside that they can t d at the Main Clinic. Westside Clinic Receptin didn t reprt 4

5 Leane Bettin Carla Smith t Bruce. Dr. Leane Bettin has been emplyed by CHSA as a family physician since 2006 minus a year in abut 2008 where she wrked smeplace else. Bettin is a medical dctr. Carla Smith first began wrking with the Saskatn Cmmunity Clinic (CHSA) in March She retired in 2008 and came back again in In 1975, Smith began wrking in the Rse area f the Main Clinic and then in the Red area. In 1978, she went t the Westside Clinic where she wrked as a medical recrds receptinist. At Westside, Smith did every jb -- receptin medical recrds lking at urine tests pregnancy tests cleaning and dressings - bld pressures, interviewing patients befre they saw the dctr unplugged tilets shveled the walk hme visits with ther staff stpped fights in the ffice. I wuld be asked by clients t listen t their stries and relate their stries t the dctr. On ccasin, I went by myself t hme visit t assess the situatin t assess whether the patient had t be seen. I tk patients t the hspital. I did it all. Then t many clients passed away in vilent deaths and I culdn t take it anymre. I went back t the main clinic t receptin and then t the billing department. But in thse early years frm1975 t 1978, I wrked in pharmacy, ptical, pdiatry, the lab, physi, medical recrds, receptin. Back in the day, whever needed help, we went int that department if we were nt needed in ur department. Smith wrked in receptin and billing in the Main Clinic and eventually went back t the Westside Clinic and retired frm there in Smith lved wrking at the Clinic. As far as she knws, she gt alng with ther staff. Her relatinships were gd. She left in 2008 when she lst bth her parents and was verwhelmed. She just decided she needed t leave and retire. Befre 2008, Smith never had any discipline and never had a pr perfrmance review. Smith came back t wrk fr CHSA in She had wrked previusly with the SWITCH prgram when she was at the Westside Clinic. Smith went back t see her c-wrkers in the summer. Cheryl [surname unknwn] apprached Smith and asked if Smith wuld wrk casual at SWITCH, s Smith came back and wrked casual. That then turned int a fulltime jb. It started as 12 hurs a week and Smith thinks maybe in 2010, she was talking with Bev, the supervisr at Main Clinic where there was a casual psitin available. Smith wanted t g t 20 hurs a week, s she wanted t apply fr that jb and the supervisr said, G ahead. I dn t have t train yu. Yu knw the jb. Smith then started wrking casual at the Main Clinic. S when I came back t wrk I als gt n the bard f directrs and the chair was a friend f mine, s I wuld be ver at his huse with his wife and ther friends and he wuld say, We need t get rid f all the ld staff. We need new yung bld in there. And I wuld say, Stan, yu can t say that. Eventually Smith mved t a fulltime Receptinist psitin at the Main Clinic in Smith had n discipline between 2009 and She had n bad 5

6 perfrmance reviews and was never tld her perfrmance had t imprve. She was never tld her attitude r behavir had t imprve and n cncerns r cmplaints were brught t her attentin. N ne in management ever tld Smith there was a harassment cmplaint against her. Smith has never been invlved in harassment investigatin meetings. She has never received any type f cnflict reslutin training at clinic. As f Nvember 2017, Smith was unemplyed. In crss-examinatin: January t March, 2016 Smith Smith admitted that she didn t ever have a negative r psitive perfrmance review because the Clinic desn t d perfrmance reviews. Smith acknwledged that in a cnversatin in 2016, the Bard Chair Stan Rice said they needed new bld in the Clinic. Having been n the Bard, Smith is aware f Bard plicy that n member f the Bard speaks fr the Bard. Smith agreed Rice was speaking n his wn behalf in a private cnversatin in his hme and the view he expressed was his view and nt the Bard s view. Smith said when she came back t the Clinic in 2009, she wanted t d the COA training and management refused. When asked if it was the Emplyer wh said n t the training, Smith said: Nt the emplyer. Dr. Bettin wh was part f that training, she said yes, she wuld d it. I talked t Trudi, the head f physi wh wuld need t d sme f the training. She said yes, and then the head f nursing said she didn t want t d it. Patrick was administratr then, but I can t remember what he said. He said we culd d it if everyne was n bard. Smith acknwledged that when she said management refused t give her the training, she meant that the Department f Nursing refused. She can t remember if the Executive Directr refused r if management generally refused. Smith acknwledged that there is special training t be COA and that a COA is different than a receptinist. When cunsel asked Smith t acknwledge that she knew she was nt qualified t d the COA duties, Smith said: I had nt been apprved by anybdy t be a COA, but if yu lk at my career, I had dne almst everything the COA has dne. Asked again t acknwledge that she knew she didn t have the training t d the COA jb, Smith acknwledged she did nt have the training. Smith had a gd wrking relatinship with Marie Bruce when Bruce first came t CHSA. Smith didn t feel any tensin between them. Smith recalls there was a staff meeting n March 11, They didn t have regular staff meetings during Marie Bruce s time. When Creen [Usselman] was supervisr fr ur department, she had weekly little 6

7 March 17, 2016 Usselman huddles and never really had a full I guess we had a cuple f them usually she was cming in every evening arund 4 clck and saying phnes are quiet nw, let s have a chit chat. Other than March 11, 2016, Smith thinks Bruce called nly ne staff meeting. Smith desn t remember the discussin at the meeting abut the Persnal Cnduct Plicy, but she remembers she signed the Plicy because she had t d it fr wrk and fr the bard f directrs. Smith thinks a lt f staff had never seen it. All emplyees have t sign a Cnfidentiality Agreement. Smith signed ne n August 10, In January 2016, Smith s manager said Smith had t much vertime and that Smith had t take her vertime befre she tk her EDOs. Smith wrked at scheduling her vertime hurs thrugh February and March. I had t use them befre March 31 s was I trying t get thse ut f the way. At this time, Stan and Judy Rice were interim executive management at CHSA. The CBA and a Letter f Understanding require that all full-time Clinic emplyees be part f the EDO ( earned day ff ) prgram. Smith had nt been taking her EDOs. In January and February f 2016, Usselman and interim executive management Judy Rice, had discussins with Smith abut the need fr Smith t take her EDOs. In March it was still cntinuing. Smith still hadn t taken her EDOs fr January and February. This was taxing the budget because the EDOs are an unpaid day. Marie Bruce, Manager f Supprt Services and Infrmatin Services at the time, cnsulted with Usselman as Directr f Human Resurces and Bruce decided t issue a letter f reprimand t Smith (the Reprimand Letter ). The letter, dated March 17, 2016, reads: The event f nncmpliance t the scheduling f EDO s was reviewed with yu n March 16 and 17 th, Accrding t the current cllective agreement between CUPE Lcal #974 and the Cmmunity Health Services (Saskatn) Assciated Limited specifically the Re-arranged Wrk Week (r RWW) LU #2 all full-time unin emplyees are required t wrk 18 minutes per day in additin t the regular seven and ne-half (7.5) hur shift. On numerus ccasins yu have clearly refused t take r schedule the required EDO s. The letter f understanding clearly indicates The EDO is an unpaid day as the emplyee is paid the extra 18 minutes n each day wrked. Accunting brught t yur attentin in January that yu had EDOs that must be scheduled. The previus manager als brught this t yur attentin in January. Expectatin: T schedule per mnth (except July and December) and take all 10 required EDO s per year as per the cllective agreement Re-arranged Wrk Week (RWW) LU #2. This letter is ntice f unacceptable perfrmance. Nt scheduling r taking EDOs causes unfairness amngst the emplyees, impacts mrale and will jepardize the annual budget as the extra mnies paid t an emplyee when EDO s are nt taken have nt been included in the budget. As Unin President yu are aware that all members must fllw the cllective agreement. Failure t practice in accrdance with departmental plicy will result in discipline up t and including dismissal. Further, CHSA has an 7

8 Smith expectatin that staff cmmunicate respectfully with Department Heads and ther staff. Disrespectful, aggressive behaviur is a vilatin f the Persnal Cnduct Plicy and will nt be tlerated. Bruce and Usselman met with Smith and Shp Steward Erin Shingse t deliver the letter f reprimand. During the meeting, Bruce went ver CHSA s expectatin that all staff take their EDOs in accrdance with the CBA and LU. Bruce explained there was n pting ut. Smith was cncerned that since EDOs were unpaid, that wuld impact her incme. Bruce explained that full-time emplyees were paid fr the extra 18 minutes they wrked each day as they wrked thse days, s they had already received the mney fr the unpaid day. Smith gt upset and said, Well fuck yu. Smith was upset when she said this and she said it very ludly. The cmment was directed t Bruce and Usselman. Bruce and Usselman immediately asked fr an aplgy. Smith was a little shcked, and said, Well, it s nt at yu. Bruce said, Well yes it is. It is at me and the rganizatin. It was relating t Bruce, Usselman and CHSA. Smith then wrte a nte (the Aplgy Nte ): I aplgize fr my language in the meeting between Creen Usselman & Marie Bruce & the rganizatin. In crss-examinatin: Cunsel suggested that perhaps when Marie Bruce started wrking at CHSA, Usselman had cnversatins with Bruce abut things t watch fr with Smith. Usselman said Bruce started in January 2016 and that Usselman was ff n sick leave at the time. Bruce nly wrked a few days in January and then was away n vacatin until March. Usselman acknwledged that she was aware Smith had cnversatins abut EDOs with the manager in January. Asked if she was aware the manager tld Smith she needed t take her vertime hurs befre taking her EDOs, Usselman said n. Usselman was nt aware f hw many vertime hurs Smith had. Usselman said she did nt knw hw far in advance the schedules were psted fr Receptin because each department is different. Usselman cnfirmed that Lisa Clatney came n as Executive Directr in July f Smith did manage t take her EDOs befre the end f March. She thinks she tk them n the 18 th and the 23 rd, but she is nt psitive. Smith recalls meeting with Marie Bruce n March 16. Marie had said they were ging t schedule the EDOs right away and I said OK, but is there any way we can schedule them s they are in tw different pay perids s they are nt all in ne pay perid. On the 16 th I thught I wuld try ne mre time t see if we can wrk it ut. I walked int her ffice and said -- I just want t talk t yu abut rescheduling these dates s they re in tw different pay perids. -- She said a flat n right away and I left her ffice. 8

9 Bruce I said kay and walked ut f the rm. She said -- Carla cme back here. -- I said I am t upset right nw t talk, can we talk later. She said -- get back here. -- I said Marie, I am upset. I can t talk right nw and I walked away. I dn t think anything happened n the 17 th. I dn t knw if that s the day she called me t a meeting with Creen and her. She said I want a meeting with yu I said kay I went and gt Erin. We went ver t the 424 building t the meeting rm. She presents me with this letter f reprimand and I said -- I have talked t yu abut this and I have tld yu that if I have thse three days ff my paycheque I am ging t lse my apartment because I wn t be able t pay my rent [crying]. -- She said I dn t care, yu were tld t take these days and I remember saying the wrds fuck yu but she interrupted me. I was s upset. In my mind I thught I was saying I have dne everything yu have ever asked me. I have given 120 per cent t this and I have asked fr nthing all thrugh my wrking career and I am having sme financial difficulties and yu are adding t this. I was sure in my mind I was saying all this. I thught I was saying the assciatin was saying fuck yu t me. Carla was saying it t me. I right away I aplgized and I wrte ut the letter. I have never said that t a manager in all my years f wrking and I was just s upset. That s all I can say. It was wrng t say. Smith wrte the aplgy nte right in the meeting. I was just s shcked I had swrn. I am nt sure whether I aplgized befre she asked fr the aplgy. We were all s shcked that the wrds came ut f my muth. In crss-examinatin: Smith cnfirmed her earlier evidence that at the March 17 meeting, she was cncerned abut her financial situatin and wrried abut nt being able t pay her rent. Smith said she tld thse at the meeting that mney was a prblem. Asked if she asked fr an advance, Smith said: N, because it just cmpunds the prblem because then I am shrt the next mnth and frankly, I dn t knw if I didn t knw r if I frgt that they culd d that. I guess that s what I was lking fr frm Marie when I asked t talk abut this, that it was ging t be a financial hardship fr me and she wasn t willing t discuss anything. The manager culd have stepped up. I frgt abut an advance. The manager culd have talked abut that. I went t family. Smith said she didn t ask fr a salary advance because: I didn t think that was pssible. She said a very blatant N. N, n, n. I said is there any way we can talk abut the EDOs because ver, ah, ding them in tw different paycheques s it wasn t s much f a hardship. Smith said Bruce was clear she wuldn t schedule the days in different pay perids even thugh Smith raised her financial situatin twice. Smith agreed she didn t put frward any ther ptins r ask fr an advance. CHSA s fiscal year end is March 31 and unscheduled EDOs have t be used by fiscal year end. Interim manager Stan Rice and Accunting had bth tld Bruce that Carla Smith had several unscheduled EDOs t take. They had spken t Smith previusly abut this in January t ensure the EDOs were used by fiscal year end. The EDOs were still utstanding: I had cnversatins with Carla. She refused t schedule the EDOs. I gave her the ptin t select the days just as lng as it was peratinally feasible. She didn t select any days 9

10 and I indicated I wuld have t schedule them fr her. She said she didn t like them because her paycheque was smaller. I explained t her that 18 minutes wrked extra every day is paid every day s accrding t the LU when yu take a banked day, it is a nn-paid day because yu are already paid fr that time. One cheque is smaller, but in that fur week pay perid, the tw cheques ttal t what they were getting paid befre. She wasn t missing mney, she was paid fr it already. Carla indicated she didn t vte fr the EDOs and didn t like them and indicated that as unin president she was well aware that whatever was vted by the cllective membership was what was fllwed and that was agreed n and all members have t take the EDOs. There were n exceptins. The LU was actually signed by Carla when the agreement was signed with the Clinic. She flatly refused t take the EDOs. We called - Creen and I called a meeting and gave her a letter f reprimand fr insubrdinatin. Refusing t take the EDOs as asked by Accunting, by the previus interim manager and by me and in accrdance with the CBA. The letter was issued and her EDOs were scheduled t bring her up t current status befre March 31, Bruce decided t issue a reprimand instead f a letter f directin because: In discussin with the Directr f HR because she had been spken t by accunting and by the previus manager and simply refused t cperate in scheduling the EDOs, it was decided t d a letter f reprimand. The Unin did nt grieve the reprimand. Bruce and Usselman met with Smith and Chief Shp Steward Erin Shingse. At the meeting they discussed the EDOs. At the same meeting I discussed the Persnal Cnduct Plicy t re-emphasize I wanted t make sure that Carla understd what cnduct was expected by the Clinic. We went thrugh the letter f reprimand, and had a discussin abut EDOs and persnal cnduct. When tld she wuld have them scheduled by the end f the mnth, and it wuld affect her pay, she lked directly at me and said, Well, fuck yu. I have t say I was shcked. In 36 years [crying] wrking in health care r actually any place I have wrked at all my life I have never been spken t like that by anther staff, c-wrker r emplyee. I was shcked. We were in a meeting discussing these things and her respnse is well, fuck yu. S I stated t Carla that was unacceptable behaviur and she wuld need t write a letter f aplgy t myself and t Creen. Carla said she didn t direct the cmment t either f us, it was t the assciatin and I said we are part f the assciatin and she needed t write a letter f aplgy t the assciatin, t Creen and t myself. Smith then wrte the Aplgy Nte. Bruce gave Smith the Reprimand Letter and the meeting adjurned. After the meeting, Usselman and Bruce discussed the situatin further. We felt that Carla s behaviur in this meeting was nce again inapprpriate, especially just after discussing insubrdinatin and persnal cnduct. Creen, Stan Rice and I had a meeting and it was determined at that time that that type f behavir is nt within the plicy f the Clinic and that there was a decisin t g a step further and prvide a letter f suspensin. 10

11 In crss-examinatin: March 21, 2016 Usselman Bruce cnfirmed she persnally nly had a cuple f cnversatins with Smith abut the EDOs. Accunting and the previus interim manager had cnversatins with Smith. Anytime Bruce brached the subject, Smith wasn t willing t schedule the EDOs. Bruce agreed that management culd just schedule the EDOs and they actually did that in March after the March 17 meeting. Staff have the ptin t pick their EDOs. I always gave them the ptin t select EDOs and we wuld schedule them if peratinally feasible. Asked if Smith asked t talk t her n March 16, Bruce said: Yes. I actually talked t her n the 16 th. She was in my ffice and walked ut f my ffice. Asked if that meeting was t reschedule ne EDO that she wanted t reschedule in March, Bruce said she didn t recall. We were discussing EDOs. I d nt recall whether it was t deal with ne r all f them. With respect t unscheduled EDOs, Bruce said: The nes she had at least tw still utstanding after the 17 th. There was ne -- she had taken hlidays and ne was changed t an EDO frm a hliday t make it that much less. She tk a hliday day and we changed it t an EDO. Bruce agreed that Smith was Unin President during the time Bruce was dealing with her, but when the LU with respect t EDOs was signed, Bruce wasn t at CHSA yet. Bruce cnfirmed she had her first staff meeting with Receptin staff n March 11, Asked when the next meeting tk place, Bruce said: I dn t knw. We tried t have mnthly meetings, depending n resurces. The prblem with meetings is we culdn t clse the phnes dwn. The Clinic didn t stp fr us t have a meeting. We generally had meetings when physicians blcked ut fr their medical grup meeting which ccurred nce a mnth and was smetimes cancelled. Any issues that arse I discussed with the staff and I sent s ut. Anything needing t be addressed befre a staff meeting was sent in and discussed with staff. Usselman and Stan Rice, interim executive management, met with Smith and Shingse at 4:30 p.m. n March 21, At that meeting, Stan Rice gave Smith a letter f suspensin (the Suspensin Letter ). It was necessary fr Rice t attend because CHSA s prcess requires that the executive directr be invlved in any suspensin r dismissal. The Suspensin Letter says: This letter is ntice f unacceptable behaviur. At a meeting t discuss fr insubrdinatin called by yur Manager, Marie Bruce, n March 17th, 2016 at 3:00 p.m. with yur shp steward, and the Directr f Human Resurces present, yu were inslent in the use f abusive and disrespectful language twards yur manager and the Assciatin. CHSA des nt cndne this behaviur. Yur actins are in vilatin f CHSA s 11

12 Bruce Smith Harassment plicy, ur Persnal Cnduct plicy and cntravene the essence f ur cllabratin effrts between staff members. Furthermre, we believe yur actins undermine yur manager as well as the Assciatin. Therefre, yu are being suspended withut pay fr three days; Tuesday, March 22 nd, 2016; Thursday, March 24 th, 2016; and Tuesday, March 29 th, Yu are t return t wrk n Wednesday, March 30 th, 2016 at 8:42 a.m. CHSA des recgnize that yu have prvided a written letter f aplgy immediately after the incident. Hwever, CHSA is cmmitted t prviding a safe wrk envirnment and has n tlerance fr this type f behavir. This behavir will nt be tlerated. Any future ccurrence will result in terminatin f emplyment. Usselman was invlved in the discussins that lead t the Suspensin Letter. CHSA did nt issue a letter f crrectin in this instance because they had already issued a letter f reprimand n March 17 after repeated meetings with Smith abut Smith s failure t take her EDOs. The Unin did nt grieve the suspensin. Smith was nt shcked that she gt a letter f discipline fr the swearing. That is why she didn t grieve it. She was disrespectful t management and she agreed with this discipline. Smith was the Unin lcal president at this time. Thrugh the years, she was president befre, as well as vice president, secretary, and chief steward. She als served n many cmmittees. When she was chief steward and president, Smith never saw anyne else suspended fr three days. In crss-examinatin: September 2016 Usselman Smith agreed that she had never seen anyne else suspended fr three days, but that in her experience the Emplyer had disciplined emplyees befre. Asked t acknwledge that the Emplyer has in fact terminated emplyees in the past, Smith hesitated and then said: I wuld have t say yes, because we went ut n a ne day strike when they terminated smene and they brught her back. They have terminated withut cause. Smith said she did nt remember any with cause terminatins within the Unin emplyees. Marie Bruce had been away n hliday fr tw weeks and returned arund September 10 th r 11 th. During the first few days after Bruce s return, a number f emplyees came t Bruce s ffice t share events in relatin t Smith s behaviur while Bruce was away. There were five cmplaints in ttal. Bruce and Usselman called a meeting with Smith and Shingse fr September 19, 2016 at 3:30 p.m., t address the five cmplaints. Usselman tk ntes at the meeting. The first part f the meeting ntes befre the ntes abut the specific 12

13 Bruce cmplaints, says: Prir t cmmencement f meeting, Marie indicated tday s meeting was t review numerus cmplaints received ver the last week. She has a duty t fllw up n them. Carla this meeting has been called t address numerus cmplaints frm multiple staff received last week regarding yur actins between Aug 29 and Sept 14 th, Carla are yu familiar with the COA/Receptinist jb descriptin? C-Yes D yu understand the Receptin specific duties in the scpe f yur jb? C-Yes D yu recall meeting with Grace n Dec 21 st t review yur jb descriptin? c- n, but yes. Grace did review JD between telephne calls. Are yu familiar with the Receptin Training check list? C- Yes, M Carla did bulk f creatin f it. C- agreed. Carla acknwledged that she reviewed it when training a new staff (BU) and she added sme things at the end f the list. Is anything missing frm it? C still a wrk in prgress. M as far as yu knw, it is as cmplete as pssible t date. C- yes. Carla are yu familiar with the Cnfidentiality Agreement? Persnal Cnduct Plicy? CHSA Harassment Plicy? C- Yes C- Yes C-Yes [The ntes reflect that befre ging t the list f cmplaints, Bruce asked Smith sme questins abut Dr. Sztt s death. I have reprduced thse ntes at the apprpriate place under the Secnd Cmplaint.] In crss-examinatin: Usselman cnfirmed that where there is smething in her ntes frm the meeting in qutatin marks, thse are exact wrds said at the meeting. Bruce went n hliday fr tw weeks frm the end f August t the beginning f September. On her first day back t wrk and fr several days thereafter, several staff came t her ffice t launch cmplaints against Smith. Bruce spke t each persn, asked them t dcument the incidents and tld them she wuld fllw up. When she received the details f the cmplaints, she spke t each persn abut each incident. She spke t HR and t the Executive Directr. We prceeded t an investigative meeting with Carla and the Unin rep s we culd get her side f stry and the details f these incidents. In the meeting, first f all, I went thrugh and wanted t validate that Carla was aware f her jb duties, scpe f practice and the Persnal Cnduct Plicy, Cnfidentiality Agreement, Harassment Plicy, Receptin Training Checklist. She respnded she was familiar with all f them. At the meeting, Bruce asked Smith if she was aware f the CHSA Harassment Plicy and Smith said that she was. Recrds shw Smith attended an antibullying wrkshp in Bruce specifically asked Smith if she was aware f Sectin 1.3 f the Plicy n Cnfidentiality f Client Infrmatin which reads: Cllectin, Access and Use f Infrmatin: Clinic staff, students and vlunteers will nly cllect, access, and be given access t patient infrmatin that they 13

14 Smith The First Cmplaint Usselman need-t-knw t perfrm their jb. Client infrmatin will nly be used fr the purpses fr which it was gathered. Smith agreed she was aware f the plicy and that prvisin specifically. Smith acknwledged she was aware f the Persnal Cnduct Plicy. I asked Carla if she was aware f the Persnal Cnduct Plicy. She said yes. It was als discussed previusly in the meeting with the letter f reprimand and a cpy presented t her then. I discussed it at my first receptin staff meeting n March 11. We discussed privacy and cnfidentiality, the Persnal Cnduct Plicy and minutes frm that meeting shw Carla attended and I sent ut the minutes and included the Persnal Cnduct Plicy. Carla is in the . During the meeting, Smith never aplgized fr any f her behaviur. Smith did nt prvide any persnal reasns fr why she behaved the way she did. N, she did nt. I truly believe she will nt. A staff member indicated t me in April [2017] after Carla was terminated in September a staff member asked if Carla was cming back and Carla s respnse was yu bet yur ass I m cming back and I m ging t make her life a living hell s that she wishes she was never brn. She was referring t me. After the suspensin in March, 2016, the Emplyer never raised any cncerns with Smith s wrk frm April t September. Smith was called t a meeting n September 19, but had n idea why she was called. Even when Marie Bruce said the meeting was abut cmplaints frm cwrkers, Smith had n idea what the meeting was abut. Nne f Smith s cwrkers had cme t her abut any issues befre this. Smith didn t feel the meeting was ging t be a discipline meeting. The first cmplaint was frm Leilani Oscaris wh said Smith was bullying her. CHSA perates a paperless system. The EMR is an electrnic medical charting system used in the Clinics. Staff were nt suppsed t cmmunicate in the EMR. Smith had written a recrd in the EMR. She had written a message directed twards Oscaris in which Smith said Oscaris hadn t dne her jb apprpriately. The nte said Smith wuld be speaking t Bruce abut it. The nte says: 08/09/16 Leilaine yu are t g int SCI if a pt desn t have their SHSP number n them at the time f bking. PLease cmplete this task and inf pt f her u/s date and time I will be speaking t Marie cncerning this cs Emplyees are nt t put ntes abut anther emplyee s perfrmance in the EMR. Dctrs and ther medical prviders have access t the EMR. Oscaris sent an t Bruce n September 8, 2016: I find it as a threat and I had enugh f Carla when yu cme back I want t file a cmplaint - Lanie Bruce asked Oscaris t prvide a statement. Oscaris prvided a statement t elabrate n the issue: Just t infrm yu that Carla s respnse t my mistake is nt acceptable. I feel like bullied, threatened and it affects my behavir at wrk. I became unhappy and just dn t 14

15 Oscaris want t talk t her anymre. Even if I made a mistake fr nt checking the SCI fr pt s health card, still that s nt enugh reasn t threat me especially using patient chart. Her bssy attitude made us all unhappy at the frnt receptin. She always sees ur mistake but nce she made mistakes she always tells as she did nt d it and never spke t the patient. As far as I knw, unin prtects the emplyees. But Carla as the president f the unin causes us pain and stress at the frnt. Sme f ur c wrkers als experience harassment and bullying frm her but they are scared f filling cmplaint because they are afraid t be called t the bard meeting. I even cried t Grace that day f Sept 8/16 because I can t release my anger twards her and I felt that she really can d what she really wants. She needs t stp ding this t us, we all deserve sme respect regardless f age, gender and race. At the September 19, 2016 meeting, Smith knew instantly which emplyee Usselman and Bruce were speaking abut. Smith said: That was Lanie and I did bully her. Usselman s ntes with respect t this cmplaint say: 1. September 12 th I reviewed an dated Sept 8 frm an in scpe staff member wh wanted t ldge a cmplaint abut yur cntinual bullying f her and ther staff. This staff member felt threatened by yu and wants this type f behaviur t stp. It is causing her a lt f stress. She feels ther staff are als stressed by yur behaviur. A frmal cmplaint has since been received. Carla that was Lanie and I did bully her. Carla said, Why didn t yu finish this? I m talking t Marie abut this. Carla thught this was in an . Marie said that it was in a patient electrnic medical recrd (EMR) task. Marie indicated that this type f cmmunicatin shuld nt be dne in a patient s recrd. Carla h ya. Marie said But Carla yu didn t cme and speak t me. Carla acknwledged that she didn t cme and speak t Marie. Marie said this is an idle threat. Carla yes, that was an idle threat. Marie discuss with staff abut nt being aggressive with each ther and staff shuld wrk as a team. We all make mistakes and we need t nt handle errrs in a belligerent manner. In crss-examinatin: Usselman cnfirmed that Oscaris errr was that she shuld have lked up the patient s health care number and instead she passed the infrmatin n t the next persn as t what had t happen with the patient by way f a task in EMR. Usselman said Bruce never said anything t her abut Smith trying t talk t Bruce abut that nte. On September 8, 2016, Oscaris was n the flr that day and training smene n the shift. She was wrking as a COA that day. When she pened her tasks in the system, she saw a task under her name. It was dated September 7 and Smith threatened t tell Marie Bruce that Oscaris had made a mistake. But that mistake is that I just frgt t ask fr a patient s health card number. I think she is trying t intimidate me and she can d whatever she wants. We re nt allwed t write anything n a patient s chart. She said she was ging t tell Marie abut this. She can actually talk t me right away if she had any cmplain, but she wants t tell Marie, but that time Marie n hliday. Carla never came and said I think yu made a mistake. 15

16 Bruce Smith had put the nte right int the patient recrd. After reading this ne, I went t Grace [Varga] because Grace was cvering fr Marie and I said I think she is trying t threaten me. She said dn t let any ther peple treat yu like that. She said we have a plicy. Yu can cmplain. She said dn t let anybdy threaten yu like that. I feel I was harassed and threatened and it is s hard t wrk with her. Every time I cme t wrk I am afraid. I am nt sure what is ging t happen n the day. In crss-examinatin: Oscaris cnfirmed that when she sent the t Bruce n September 8, Bruce was nt at wrk. Oscaris did nt ask Smith abut the nte. Oscaris cnfirmed that she felt Smith s nte n the chart t the effect she was ging t talk t Bruce was a threat. This is nt the nly event. She is actually threatening me because she is trying t intimidate me s I can d everything she wanted. Oscaris said she did nt knw whether Smith had left similar ntes fr thers. This was the first time Smith left a nte like that fr her. Oscaris said she went directly t the manager because she thught it was the right thing t d. When Bruce came back frm hliday, Oscaris went t Bruce t hand in her cmplaint, but she had already sent Bruce an abut the matter. With respect t Oscaris cmplaint: This staff persn was quite upset. She felt she was bullied and threatened by Carla. She was really really stressed. She was wrried abut cming t wrk. She als made a cmment t me abut they were wrried that Carla was Unin President and Bard Member and nthing wuld happen t her if they cmplained. She felt this was ne f the reasns staff were reluctant t cme frward. This staff persn had had enugh and she was tired f being in the situatin and wanted smething dne. Carla tld her she hadn t dne the task crrectly. She dcumented part f this cmplaint t Lanie in the patient s medical recrd. That is nt the place t make that cmment. It shuld be a persnal cnversatin, r be brught up with the manager. Carla als said she wuld be speaking t me cncerning this and Lanie felt that was a threat. The medical recrd is the legal recrd f the persn s health infrmatin and this nte was wrkflw prcess and nt part f the patient s treatment r health care. When Bruce raised this issue in the September 19 meeting, she didn t say wh ldged the cmplaint, and Smith immediately said, That was Lanie and I did bully her. I said it was inapprpriate t make that type f ntatin in a chart and she shuld have cme t talk t me. I said in the task in the chart it said yu wuld cme speak t me and yu didn t and she acknwledged that she didn t cme and talk t me and I said what appears then in the chart as an idle threat. She indicated in the task that she was ging t speak t me that wuld make me believe it was an idle threat and she said, yes, it was an idle threat. I tld her staff need t wrk as a team. Yu can t be aggressive with each ther - at times peple make mistakes and have t be respectful t each ther and nt handle 16

17 Smith things in a belligerent manner. In crss-examinatin: Bruce cnfirmed that Oscaris didn t actually send her the abut the September 8 incident. Oscaris came t see Bruce abut the issue n September 8, Bruce asked fr a written statement, Oscaris typed up her statement, printed it, signed it and gave it t Bruce the next day. When Bruce raised the issue abut the nte in the EMR: I thught it was maybe Lanie because I had written a nte t Lanie saying I was ging t speak t Marie cncerning a task that she didn t d. At the meeting, Smith did nt agree that she had bullied Oscaris r that she meant the nte she left t be a threat. I knw I stated at the meeting that I was telling Lanie that I was ging t speak t Marie and I was giving a head s up s she culd tell her side f the stry. Lanie wasn t wrking in the department that day. She was COA utside department s I didn t have a chance t talk t her. Yu can t leave the fishbwl cause it s just t busy. Smith tried t talk t Bruce abut the nte: My recllectin is this happened n Thursday. When I walked int wrk t d tasks fr the day n the Friday, Lanie hadn t dne tasks frm Thursday night. I sent Lanie the task asking her t cmplete it and that I wuld talk t Marie. Marie was away Friday. She didn t wrk Fridays. I think she was in Mnday. I can t recall whether she was in r nt. Tuesday I was ff fr unin business, s Wednesday I tried t talk t Marie while I was n my unin president leave because I culdn t get away frm the area. I did g t talk t her, but I didn t talk t her. I went t her ffice. I said d yu have a mment, I need t talk t yu abut smething. She said I am busy and I said can yu cme and talk t me when yu are free, s I left it at that. Bruce did nt cme t talk t Smith. Asked if in the meeting she admitted that leaving the nte abut talking t Marie n the patient chart was nt a gd idea, Smith said: Hw can I yes and n. S a dctr was tasking me back and frth n the day and Diane wh was head f nursing and Marie were standing in frnt f my desk and I said Marie we need t find ut a better way f ding this because ging back and frth in patient chart Marie and Diane had cnversatin in frnt f me saying yes there had t be a way in EMR that we culd d messages back and frth with each ther withut it being in the chart. I agreed with that. Marie said t me Carla, I m gnna get back t yu n this nce I investigate it and have a chat with Karen, ur IT persn. And I said kay and she never gt back t me, and I still dn t knw if they figured it ut. In crss-examinatin: Asked t clarify the cnversatin with Bruce and Diane abut hw t get int EMR withut being in the patient s chart, Smith said: Oh well, maybe that s nt what I understd the cnversatin t be. What they were trying t figure ut was hw we culd send messages back t each ther n a client with it nt becming part f the chart. S this -- if I culd use an example -- The dctr sends a task saying please bk the patient in tmrrw yu phne and reach the patient 17

18 The Secnd Cmplaint Usselman and they say can t cme in until next week. Yu send it back t the dctr and the dctr sends a task that says n, I need t see them nw tell the patient they need t cme in. Their discussin was hw culd a cnversatin with dctrs nt be part f the chart. Smith acknwledged she knew there was cncern abut having cnversatins in the charts. Marie said it t me, well, I said s what d yu want me t d and she said I will get back t yu. Smith admitted that she cntinued t make cmments in the charts: Yes, I cntinued t d it. I admit t that, but all staff cntinued t d it because we hadn t had a directive frm management. Smith said as far as she was cncerned cmmunicating in the chart was nt utside her scpe f practice. When cunsel suggested Smith knew she wasn t suppsed t g int the EMR t send messages, Smith said: They said they wuld get back t me t say hw we wuld d it. Smith insisted that in the meantime everyne kept ding it. When cunsel suggested Smith didn t wait fr the manager t cme back t her, Smith said: Yes, I did. Frm their cnversatin t when I wrte in the chart was prbably six weeks in time, maybe a mnth t six weeks time. I had been waiting fr her t get back t us. Cunsel then said, And yu just did it anyway, and Smith replied, Yes. In re-examinatin, Smith said the cnversatin between Bruce and Diane was abut where in the EMR these messages between staff culd be left. It wasn t abut whether Smith shuld be ging int the chart. Smith cntinued t leave ntes in the chart where everyne had previusly been ding it. The secnd cmplaint was in relatin t events that ccurred when Dr. Sztt, ne f CHSA s physicians, passed away. The physician, wh had been with CHSA fr 25 years, had been away n sick and she had passed away n September 11. On September 12, a staff persn verhead Smith telling a patient that Dr. Sztt had passed away n the weekend. Staff had been advised nt t release that infrmatin until the family had a chance t pst an bituary. Lisa Clatney, CHSA Executive Directr, sent an t all staff including Carla Smith, at 9:54 a.m. n September 12, 2016, advising them that Dr. Sztt had passed away. At 11:06 that same mrning, Marie Bruce frwarded that t her staff, including Carla Smith, with an that says: Please d nt pass this infrmatin n t any f Dr. Sztt s patients until the family has made an annuncement and the bituary is in the paper. Thank yu. When Usselman and Bruce asked Smith abut this incident, Smith said she didn t recall ding that. 18

19 She als wndered hw we knew she was actually talking t a patient, and the staff persn wh witnessed it said she had been bking an appintment fr the patient ver the telephne. On September 20, 2016, the emplyee, Jennifer Purcn, prvided Bruce with an abut the incident: Mnday mrning, after yu tld us nt t infrm any patients abut Drs. Sztt s passing. I heard Carla telling a patient, ver the phne, abut her death. I heard her said, She passed away last night and Yu can still see any dctr here in the clinic. She then cntinued with the bking. I can t exactly phrase what she said but thse phrases what I remember clearly, because I knw we were nt suppsed t d that until the Obituary gets published in the newspaper. She was sitting behind me that day (Receptin/Membership desk) s it is nt hard nt t hear her because f her very lud vice as well. I then talk t Drthy abut what I heard and she advised me t let yu knw, unfrtunately, it has been a busy day and I eventually frgt abut it until yu called me at Westside, Friday afternn. It is prbably abut time t speak ut abut the rules that Carla repeatedly vilates and that her bullying ther cwrkers has t stp. I really feel bad especially fr Drthy because she has been repeatedly bullied by her fr such a lng time. Ever since I started, she has been very nice t everybdy and I dn t see why Carla treats her differently everyday. I have never seen anything like it in any wrkplace that I wrk in the past. When I cme in t wrk and see her, there is just a different vibe. I used t be happy, excited and I always lk frward fr the next day, but the lnger I stayed and the mre I see the sisters fight, the bullying. Things changed, I feel scared cming in t wrk, feeling tense. When she is nt arund, it feels light, we get t laugh and jke arund just a very different envirnment. I m glad that smething is dne abut the situatin and hpefully things get straightened ut. Usselman s ntes relevant t the Secnd Cmplaint, in the prtin f the ntes befre the list f cmplaints read: Carla did yu a tell any patients abut Dr. Sztt s death? N, telling patients that she passed away and clinic is trying t find dctr t replace and will infrm patients when a replacement dctr here. All dctrs are lking after her patients but nt ding CPs. Marie Dr. Bell is cvering Dr. Sztt s practice if Bell away r n appintments, then any physician wh has availability. Carla respnded that she was referring t wmen wh want female GPs. The secnd f the ntes dealing with the Secnd Cmplaint say: 2. Sept 13 th received a cmplaint frm anther in-scpe staff regarding verhearing yu telling a patient ver the telephne f Dr. Sztt death shrtly after I instructed Receptin staff wrking n Sept 12 th nt t pass this infrmatin n t any f Dr. Sztt s patients until the family made an annuncement and the bituary was in the paper. The bituary appeared in the paper n Sept 14. Carla des nt recall this. Hw des the staff knw that I was talking t a patient? Marie yu were bking an appintment. Carla I dn t remember. (Of nte, Obituary was nt published until September 14 th and an frm Creen was sent ut t al staff abut message n September 15 th, 2016.) In crss-examinatin: Usselman agreed she has n prf f wh it was Smith was talking t n the phne n September 12, 2016 r whether Smith bked an appintment fr 19