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An all-too-familiar tale: PSLRB rules CFIA wrongly suspended
veterinarian-in-charge over industry complaints
Erratum - Amended bargaining team selection process
to enhance CFIA negotiations
New temporary Service Officer at work in National Office
Update - EG Review at AAFC
An
all-too-familiar tale: PSLRB rules CFIA wrongly
suspended veterinarian-in-charge over industry complaints
(posted
May 18, 2006)
We’ve
seen this movie before. In a front-page story, the
Globe and Mail reported on May 16 that
a veterinarian-in-charge was suspended from regular
inspection duties at a Nova Scotia packer after
industry complaints of his ‘excessive’
rate of product condemnation.
The
Canadian Food Inspection Agency claimed the one-month
suspension was merely ‘administrative’
and not disciplinary in nature. Dr. Scott Frazee
and his union took the suspension to the Public
Service Labour Relations Board.
The
PSLRB agreed that the suspension amounted to discipline,
and that it was unfounded. It ordered the employee’s
record cleared. In addition, it ruled that CFIA
violated the collective agreement when it ignored
Dr. Frazee’s request for an investigation
into industry interference in the performance of
his duties.
The
Board went on to note that the industry’s
conduct amounted to ‘harassment and coercion’
that interfered with inspection duties. It ordered
CFIA to investigate and implement corrective action
concerning the interference.
It
is scandalous in this day and age, when the public
is rightly concerned with the security of the food
chain, that the employer caves in to pressure from
private industry and discredits the professional
opinion of both veterinarians and food inspectors.
Indeed,
as reprehensible as it is, a number of Agriculture
Union PIs have suffered the same fate as Dr. Frazee.
Here
is the Globe and Mail article:
Meat
inspector’s rigorous standards led to three-year
beef with bosses
Dr.
Scott Frazee has been a veterinarian with the Canadian
Food Inspection Agency for 10 years and he knows
all about the pressure meat inspectors face from
the food industry.
But what he never expected was how quickly his own
bosses at the agency would succumb to that pressure
and potentially put food safety at risk.
"I
was shocked," Dr. Frazee said from his home
in Berwick, N.S. "It's difficult to do your
job even with support, but in this case there was
no support from my own employer."
For the past three years, Dr. Frazee has
been battling the Canadian Food Inspection Agency
(CFIA) over the way it handled complaints about
his meat inspections at Larsen Packers Ltd., a Nova
Scotia pork plant owned by Maple Leaf Foods Inc.
The plant is one of the largest in Atlantic
Canada. It employs roughly 600 people and processes
about 2,000 hogs a day. Dr. Frazee joined the agency
in 1996 and has been head veterinarian at Larsen
since 1997, leading a CFIA team that includes one
other veterinarian and six meat inspectors.
When plant manager Mike Larsen and a group
of hog producers complained that Dr. Frazee was
rejecting too many hogs, the agency suspended him
from the kill floor and launched a review of his
inspection techniques.
Despite three independent assessments that
upheld Dr. Frazee's conduct, his duties continued
to be restricted after Mr. Larsen and the producers
took their complaints up agency ranks to the regional
director. In one letter to a senior agency official,
a group of hog producers said that, if Dr. Frazee
was not removed, they would take their hogs to other
facilities. "No other option is acceptable,"
the letter warned.
Dr. Frazee was eventually restored to his
position on June 25, 2003, after two months of wrangling
between the plant and CFIA, but his fellow inspectors
were stunned by the agency's actions.
After his reappointment, Dr. Frazee asked
the agency to look into how it handled the situation,
alleging the agency buckled under intimidation.
When his request was ignored, he took his case to
the Public Service Labour Relations Board. The CFIA
rejected his allegations and argued before the board
that it did its best to resolve a difficult issue.
In a decision released last week, the
board backed up Dr. Frazee's concerns and ordered
the agency to review its actions. Adjudicator Léo-Paul
Guindon ruled that the repeated requests by Mr.
Larsen and the producers to remove Dr. Frazee amounted
to "harassment and coercion."
"The expressly
stated objective of the industry was to have Dr.
Frazee removed off the kill floor and, later, out
of the Larsen Packers Ltd.'s plant," Mr. Guindon
said in his ruling. He added that the agency sent
the wrong signal by suspending Dr. Frazee before
properly assessing the complaints.
Jeanette Jones, a spokeswoman
for Maple Leaf, said the company and Mr. Larsen
were unaware the issue had gone to the labour board.
She said they will review the decision and make
any necessary changes.
"The vets play a very important and valuable
role at these facilities," Ms. Jones said.
A CFIA spokesman said the agency
is reviewing the ruling.
The tribunal heard that Dr. Frazee's
case was not the first. "This is becoming an
all too frequent occurrence in this Agency,"
Maureen Harper, a vice-president with the Professional
Institute of the Public Service of Canada, which
represents the veterinarians, said in a letter filed
with the board. "Plant management makes a complaint
to CFIA if they perceive a vet is too stringent
in performing his duties, which causes an economic
loss to the plant and CFIA pulls the vet from the
job to keep the industry happy. And we dare call
ourselves a regulatory Agency!"
Industry pressure is a concern
for veterinarians across Canada, said Alan Phillips,
a union official who represented Dr. Frazee. Mr.
Phillips said many veterinarians simply quit because
of the stress. He added that Dr. Frazee was the
first to fight back and his case has already resulted
in important changes.
Dr. Frazee, 37, is still working
at Larsen but his relations with management remain
strained. "Life hasn't been quite the same
since. I wish it never happened in the first place,"
he said. "It's hard to hold your head up going
down the halls some days, but you got to put the
smile on anyway. Right?"