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1989 Jette receives "Award" for contributing 3M with "COST REDUCTION IDEA"
JETTE STEWARD a 31 YEAR union dues-paying member of C.A.W. local #27, a female employee of 3M Canada was fired in Oct. 1994. But not until after having been tormented with harassment and discrimination while suffering from work injuries. (A disc impinging on the spine-cord in the neck, in addition to spinal stenosis at the waist (L4-5) not to mention nerve damage in one arm, with tendonitis and a ganglion in the wrist. Medical evidence had been revealed through tests performed at University hospital of London in Aug. 1993, more then a year prior to getting fired. However, 3M, WCB both of whom have a vested interest, and Local #27 refused to acknowledge the evidence. Simutanously, 3M's "paid in-plant doctor" deemed Jette fit for work and convinced her family doctor that 3M had a suitable position for her. This prevented any posibility of a medical leave through her family doctor. 3M then violated her seniority rights to place her on a heavy, filthy job. In severe pain and out of frustration due to the discriminatory treatment she left work and was fired for doing so. Four months later, she underwent a (C 5-6 disectomy and fusion) surgery for one of the work injuries. The union had filed two grievances but never acted on either, the first being discrimination & the second violation of seniority rights. After losing her job, the union implied they would arbitrate termination of employment, but prolonged and delayed until she was disentitled to severants pay, then only to refuse to act on that as well. She had never been reprimanded throughout thirty years employ. Had paid union dues throughout. March /95, Local #27 learned Jette had undergone surgery while 3M and C.A.W. contract negotiations were underway. That's when C.A.W. canceled arbitration and advised her, there was only "one" option for reinstatement, which was to drop both greivances and sign an individual agreement between her and 3M. With [Julie White] the union rep on "women's issues" promise, that they, the union would fight for her workers' compensation, she signed the agreement and was reinstated. 3M and Local #27 then (April /95) expected Jette to instruct her doctor to falsify an insurance application, to lie about the work related nature of the injury. Jette refused, which resulted in being fired the second time while recovering from surgery. Clearly, the ploy had been to prevent her from claiming workers compensation and place her in a position of having to sue the insurance company. Insurance had previously been denied because of the work related nature, and would again. Catch #22, commit fraud or be terminated, or be terminated for committing fraud... Either way, the objective would be reached.
Rather then instruct her doctor to falsify an insurance application, Jette retained lawyers, one to represent her in "unfair representation" with [Ontario Labour Relations Board] which has jurisdiction to enforce the union to act on behalf of its members. Ironically the OLRB ruled "perhaps, the union could and should have done more for her" however, suggested the "agreement not unreasonable" and dismissed her complaint. No consideration was given to the fact, 3M and Local #27 required Jette's doctor to out and out lie about the cause of injury..!!! Indeed had she complied, 3M and WCB would have been spared of all liability. Buzz Hargrove, the [C.A.W. president] an intelligent man, likely aware of Human Rights Commission's Sec. #34 (1) (a) NOT to deal with complaints on behalf of union members, suggested to allow the [O.H.R.C.] deal with it. O.H.R.C. in a written decision four years after her termination "does not dispute Jette's complaint has merits or that she was discriminated against." However, they [O.H.R.C.] suggest her complaint could be heard elsewhere and dismissed it. "Ontario Labour Relation Board" had not given any consideration to the human rights violation, but denied her request to repeal. Now in the year 2001, nearly seven years later, so far, no resolve to this injustice is in sight. Although, not all is dismal, with the assistance of a lawyer, a W.C.B. appeal was won in part, in May 1998. Finally, the injury 3M disputed was validated and accecpted once again by W.C.B. nearly four years after she had been fired. A monthly WCB pension of $488.00 was awarded, and $520.00 welfare benefits ceased. Still Jette continues to pursue justice while having to attempt to survive solely on that WCB pension. Although, Jan. /99 an additional $0.90 per month was applied to her pension, bringing her livelihood to a total of $490.00 per month.
APPARENTLY STARVATION / HOMELESSNESS IS
"JUSTICE" FOR ONTARIO INJURED WORKERS? [WSIB leaves family homeless]
W.S.I.B. & Other Gov. Salary Disclosures..very interesting
(pdf files)
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Interestingly, W.C.B./W.S.I.B., 3M and C.A.W. Local #27 had all ignored Jette's plea
and doctors' recommendation for 3M to accommodate her for a final work trial on the
[easier] job. The job she was entitled because her seniority had awarded it.
Also, the very position she had been taken off without redress from the
union. But now, WCB instead of continuing to ignore doctors' recommendation, they support 3M and CAW's opposing doctors
opinion. Therefore, Jette is still required to prove the doctors' were correct,
rather then the opinion of 3M, and a union who filed grievances but never acted
on them. (So much for job security!!! & C.A.W. solidarity?)
Now Jette has to wait to present evidence, at the WSIB tribune hearing that she
was terminated June 6 /95 while recovering from
surgery for a work injury. Shame on WSIB.. for refusing to answer
"one
little question"
to be able to continue to avoid paying full
benefits.
In Dec. /99 more then five years after being fired, with assistance of family and friends Jette survived dispite only receiving a total less then $500.00 per month. In the year 2001, still Steward (a 57 year old, single grandmother of three) awaits the tribune hearing. In order to seek justice she launched a civil suit against 3M Canada, Buzz Hargrove and union representatives who cooperated with 3M, by never acting on any grievance and allow 3M to violate their own contract, Jette's right under WCB Act., and her human rights to be accommodated "equally" to junior male operators.
May 7, 2001 court hearing, 3M and CAW shameless motion to strike down Steward's attempt to be heard at trial, has been adjourned until July 12, 2001. Then a judge will determine if (unionized) injured workers have any recourse to attain justice. It appears 3M and CAW could be in dire straits, 3M requested Steward pay $2,500.00 for their court costs, and CAW also asked for $1,500.00 from this injured worker trying to survive on less then $500.00 a month. However, the Honorable Judge did not grant it.
Analysis: C.A.W. Local #27 protected WSIB, 3M Canada, and Social Services doesn't want the liability for injured workers. What chance does an injured worker have in such a political situation? However Local #27 acquired new language in the 1995 contract with 3M, which protects themselves from the same fate as Steward.
THIS GRANDMA IS FIGHTING BACK BY
EXPOSING THE TRUTH.
KNOW OF OTHER STORIES THAT NEED TO BE ADDED TO THIS PAGE, JUST FORWARD THE LINKS AND THEY'LL BE POSTED..