Mongovious Unfair Labour Practice
May 6, 2014,
ATU 615 hereby submits the facts as presented to us, with regards to the LRB file 079-14. It is imperative to state that a critical component of evidence, namely the audio-video recording of the incident on Dec.13,2013, and subsequent required documentation of who has viewed this and when it was viewed, has to date not been released to ATU 615. As per the attached documentation referred to as E-1 ,a request was made on April 22,2014 under the local freedom of information and protection of privacy act to the City of Saskatoon clerks office, with no response written or oral to ATU 615 as of this date. The facts as presented today may differ as to who may also have been involved and to what extent, but nonetheless this statement of facts will be presented without this evidence in hand.
On Dec.13,2013 Doug Mongovius, a seasoned 21 year transit operator with a clean work record, had an incident with a transit user evading paying fare at Walter Murray Collegiate. This incident was reported to Supervisor Stephen Webster via trunked radio system, but Stephen stated he could not assist Doug because he was tending to another situation. Stephen asked Doug to fill out an incident report and Doug stated he would and also asked Stephen to retrieve the tape from his bus ,so it would show the employer what happened. Doug filled out the incident report when he got back to transit and also phoned transit when he got home to make sure that the tape had been pulled from the bus number 445.Stephen Webster stated to Doug on the radio that Colleen Kondra was looking after school related issues. From that point is is unclear as to what the employer did to deal with this incident, but it was certain that the video was pulled. Neither Doug or ATU received any indication what steps were being taken.
Another operator Glen Singer had a similar incident on Jan.7,2014 on the same piece of work at the same location. When he asked for immediate assistance, supervisor Tom Simpson stated via radio that he could not assist Glen, but asked Glen to fill out an incident report. Glen and many other operators were aware of this same group of kids and the fact that Doug had a similar incident on Dec.13.13, but the employer still had not dealt with it beforehand. Glen responded to Tom in frustration that he was not going to fill out a report because they still hadn’t done anything with this group of kids. This prompted the employer to investigate Glen and hence two investigation meetings took place on Jan.14,22nd and the end result was glen received discipline for insubordination and failing to file an incident report in a timely fashion on Jan.28,2014(.E-2).
Sometime between Jan.28 and Feb.14,14 Supervisor Colleen Kondra spoke to Doug Mongovius and Glen Singer together at the top of the stairs in the drivers lounge. Doug asked Colleen when he could see the video of his incident. Colleen responded to both that “you don’t want to push the issue because neither of you look good in the video”. She also stated that she “hasn’t viewed it, but that is what she was told”. At the dispatch counter on another day after this conversation, Colleen stated to Doug that she was going to set up a meeting to review the incident on Dec.13,13 and subsequently sent an e-mail to ATU on Feb.11,14 to inform us of a meeting on Feb.14,14.(E-3). On Feb.14, Glen Singer(shop steward) attended with Doug to this scheduled investigation. Colleen Kondra, Harold Matthies, Doug Gryba attended the video viewing and investigation . The focus on the meeting was on how Doug interacted with the fare evasion and the fact that he did not let him ride or board the bus after he was running alongside .At no point did the employer ask if Doug was wearing his seatbelt or if he secured his bus . On Feb.26, 2014 supervisor Kondra sent an e-mail requesting a meeting date for Feb.28 to set the results of the Feb.14 investigation meeting.(e-4).This was subsequently changed 2 hrs later via another e-mail (E-5) from Colleen to March 4,2014. This was followed up by another e-mail from Colleen confirming she had talked to Doug.(E-6). Two days earlier on Feb.24, ATU received (E-7) verification by e-mail from Tom Simpson that both Colleen and Tom had met with the principal from Walter Murray Collegiate that morning and a follow-up e-mail on Feb.24 from the principal confirmed that the student was talked to. (E-8). On March 4,2014 Rod Verboom attended with Doug Mongovius and Superintendant Cal Mcphail and Colleen Kondra for the results meeting. Cal read a letter of expectation to Doug that was signed by Cal on behalf of Harold Matthies. Cal also read the 3-day suspension letter for failure to secure bus and not wearing a seatbelt signed by Cal Mcphail. At the end of the meeting Doug asked Cal if he had seen the video to determine if he was not wearing his seatbelt and if he secured his bus, but Cal and Colleen failed to respond to any questions and walked out. That afternoon Rod Verboom sent an e-mail request to Cal requesting a time to review the video. (E-9).This took place on Mar.12,14 with Supervisor Mcphail, Jason Wiebe, and Tony Vogelsang. Jim Yakubowski, Darcy Pederson ,Rod Verboom were present from ATU. Within minutes of review it was clear that you could hear the maxi brakes applied to secure the bus, and as well you could see the seatbelt slide off his hip as he rose out of the seat. Cal asked Tony to print a still photo from the tape of the seatbelt on his hip. Cal stated that he would get back to ATU that afternoon with regards to how they were going to proceed. After requests via phone calls from Cal and Jason, ATU agreed to meet with them the next day with Doug present. At that meeting Cal and Jason gave Doug and ATU copies of the suspension removal letter. This letter is written by Cal but signed by Glennis.
ATU will further establish that an unfair labor practice occurred upon receiving the requested evidence from the city. The employer representatives involved include Harold Matthies, Glennis Thorpe, Colleen Kondra, Doug Gryba, Tom Simpson, Tony Vogelsang, Cal Mcphail, Jason Wiebe. The comments and actions were taken with respect to Doug Mongovius. They were transmitted both orally and written. Oral part was statement by Kondra and written was 3 day suspension letter.The employer clearly disregarded or failed to investigate thoroughly with the intent to interfere, restrain, intimidate, threaten or coerce Doug Mongovious into not forcing the issue. The end result was Doug received discipline in retaliation for requesting the incident be dealt with in a timely fashion. These are the facts as I understand them to be . Jim Yakubowski