Union, city slammed over sex harassment complaints

Labour board says neither acted correctly toward three women

In its recent decision into sexual harassment complaints at Regina’s city-run landfill, the Saskatchewan Labour Relations Board had some harsh words for the union involved and the city.

“To say that CUPE Local 21 failed to support the Applicants at a time when they were extremely vulnerable is an understatement,” reads the decision penned by SLRB vicechairperson Graeme Mitchell. “After considering all of the evidence and the submissions of counsel, the Board finds that CUPE Local 21 discriminated against the Applicants, and acted in an arbitrary manner when dealing with their serious allegations and the Harassment Grievance.”

Mitchell found the testimony of three women — at one time city employees at the landfill — credible and reliable in their claims of sexual and gender-based harassment by several male colleagues, as well as allegations of environment regulations violations. Mitchell noted a total of 41 complaints were filed by the women between late February 2014 and early April 2014, accusing five colleagues of harassment.

All involved were union members.

While details of the harassment was not included in the decision, Mitchell termed it “extremely serious,” noting it drove the women from their jobs and led to significant emotional and psychological trauma.

The women told the hearing they took their concerns to their union, but ran up against roadblocks in their attempts to have their issues addressed.

One of the women was reportedly told by the then-local president to let him handle the matter as her harasser was a friend of his who would, he believed, listen to him. The woman, not satisfied with that response, went to another member of the union’s local executive but came away feeling as if the local was reluctant to get involved.

In early 2014, the city retained an independent investigator to look into the complaints, and the local — fairly, in Mitchell’s view — decided against filing the women’s grievance pending that investigation.

The investigation eventually concluded many of the complaints were well-founded. Despite that, Mitchell determined little was done with those findings, and further found evidence of disturbing behaviour on the part of city representatives who reportedly raised the possibility of disciplining the women over those complaints that hadn’t been substantiated.

Mitchell found the city’s response concerning.

“Despite those (independent investigation) findings, none of the male respondents was issued even the most modest disciplinary sanction for his actions ...,” Mitchell wrote. “As a result, in these circumstances where the Applicants’ sexual harassment allegations were mostly vindicated, and in spite of its robust Harassment Policy one is left to wonder how seriously the City views findings of substantiated sexual harassment perpetrated by its employees. On the basis of this case, the Board must conclude — not seriously enough!”

The women have since settled the harassment grievance with the city for undisclosed amounts in compensation.

While Mitchell didn’t find CUPE Local 21 breached its duty of fair representation respecting the harassment complaint, he determined the union acted in a discriminatory manner and treated the complainants in an arbitrary manner. He noted CUPE’s national body came on board after the local — upon the conclusion of the investigation — filed separate but virtually identical grievances on behalf of both the women and the men.

“Indeed, one could go so far as to say that CUPE Local 21 was more concerned about ensuring the male respondents did not suffer severe disciplinary sanctions for their harassment than the fact that these Applicants had been driven from their workplace because of the actions of those respondents,” he wrote.

Meanwhile, Mitchell found CUPE’s national body acted arbitrarily toward the complainants in relation to the environment regulations complaint (also not detailed in the decision).

Neither CUPE’s lawyer nor a spokesperson at the local office could be reached for comment on Monday.

J.P. Cullen, executive director of human resources with the City of Regina, said he couldn’t speak to personnel issues, including whether any of the men have since faced discipline. But he said the city has learned from this situation and has updated its harassment policy, and has instituted a respectful workplace policy that requires training by employees. The city has also introduced second-level training for supervisors and managers in respectful workplace training, as well as a corporate mental health strategy.

“I wouldn’t say it was a direct response (to this situation), but it was definitely connected,” Cullen said. “We learned from that situation on how to do our business better.”

Larry Kowalchuk, co-counsel for the women, said the decision provides a sense of validation for his clients, and will hopefully help other women going through similar experiences as they think about coming forward.

“It’s unacceptable,” he said, speaking generally of continuing incidents of harassment, assault and mistreatment of women. “We have to move beyond that and this decision is important from that perspective.”