The City of Moncton has successfully defended its decision to require 1,000 hours of truck-driving experience for a Utility 3 Labourer/Truck Driver position, a position that highlights its commitment to safety in its snow removal operations.
The ruling, handed down by arbitrator Michel Doucet, denies a grievance filed by the Canadian Union of Public Employees (CUPE) Local 51 on behalf of city employee M.C., who alleged that the city’s experience requirement violated the collective agreement.
M.C., a long-time employee of the City of Moncton, applied for the position in 2023 but was denied due to his lack of experience operating a Class 3E vehicle, which was a key requirement listed in the job posting. The position, which involves operating a tandem axle plow and salting vehicles during the winter months, is classified as a “safety-sensitive” role by the city, a designation that played a critical role in the arbitrator’s decision.
Reasonable, related job requirements
In his ruling, Doucet acknowledged that while the collective agreement does not prevent the city from imposing experience requirements, these must be reasonable and related to the job’s basic requirements. The union argued that the 1,000-hour experience requirement was unreasonable, particularly as M.C., despite holding the necessary Class 3E licence, had zero hours of relevant experience due to the city’s alleged failure to provide adequate training opportunities.
Keith Hatto, president of CUPE Local 51, testified that the union felt M.C. was “reasonably qualified for a trial period in the truck driver’s position” and that the 1,000-hour experience requirement was both unreasonable and violated the collective agreement. Hatto pointed to Article 12.01(D) of the agreement, which states that positions should be awarded to the most senior applicants meeting minimum qualifications, with a 40-day trial period to allow the employee to prove their competency.
However, the city countered that the requirement for prior experience was a matter of public safety, given the complexity of the work and the need for competence in snow and ice control procedures. The city’s representatives testified that the decision to set the 1,000-hour threshold was made following a thorough review of its job postings, which concluded that this level of experience was necessary to ensure that employees could safely operate the heavy equipment involved in the job.
Safety-sensitive job
Colin Littlejohn, Manager of Labour Relations and Disability with the City of Moncton, stated that the city’s determination was based on consultations with recruitment teams and department heads, emphasizing the “safety-sensitive nature and the complexity of the work.” He noted that while the city had reduced the experience requirement from two years to 1,000 hours in response to an earlier arbitral decision, it maintained that this baseline was essential for safe and effective operation of the equipment.
Arbitrator Doucet ultimately sided with the city, stating that the union failed to provide sufficient evidence to prove that the experience requirement was unreasonable. He noted that while Hatto suggested that the training necessary for snowplow operation could be completed within the 40-day trial period, no concrete evidence was provided to support this claim. The arbitrator emphasized that management decisions of this nature should not be interfered with unless there is clear evidence of arbitrariness, discrimination, bias, or bad faith, none of which was found in this case.
Difficulty acquiring experience
Doucet also addressed the union’s concerns about the difficulty employees face in acquiring the required 1,000 hours of experience, acknowledging that the city’s current system may indeed pose challenges. Testimony revealed that opportunities for gaining relevant experience had diminished since the city outsourced waste collection services, which had previously provided a pathway for employees to gain truck-driving experience. The arbitrator suggested that the city consider implementing a system to help employees obtain the necessary experience, perhaps through a “Notice of Interest” program similar to the one used for rink-related training.
Despite these concerns, Doucet concluded that the requirement for 1,000 hours of experience was reasonable given the safety implications of the job. He noted that even if the city had reduced the experience requirement, M.C.’s total lack of experience with Class 3E vehicles would have still disqualified him from the position.
The grievance was denied, and the city’s 1,000-hour experience requirement remains in place for the Utility 3 Labourer/Truck Driver position.
For more information, see Canadian Union of Public Employees, Local 51 v City of Moncton, 2024 CanLII 75652 (NB LA).
