Did supervisors get the same treatment workers did in roads scandal?

The nearly $900,000 scandal that saw dozens of roads workers fired for violations such as time theft and breach of trust involved almost 50 public works employees, including almost 20 managers or supervisors.

Some got a "little slap," one councillor says, while others got "a sledge hammer."

The city, at one time or another, fired as many as 30 front-line workers and investigated 15 supervisors, as well as three superintendents. Not only were the superintendents not disciplined, but one is now in a more senior position with the city.

The investigations and discipline are all part of a two-year ordeal that culminated in an arbitrator's decision this week. In his decision, Lorne Slotnick wrote that the workers' behaviour was inappropriate, but that they existed in a "culture of low expectations,"  where the behaviour was tolerated by managers. For that reason, he ruled that 15 of them be hired back.

This was not just front-line employees. This was supervisors, middle management, and the culture has been like that for a long, long time.- Coun. Scott Duvall

The ruling came after a long grievance hearing that cost the city $97,905. That's on top of $780,361 in legal fees.

When the investigation started, the city fired 30 front-line pothole fillers and suspended two. On further investigation, it hired nine of them back. CUPE 5167 grieved four suspensions and 21 dismissals. Slotnick ruled that nine terminations should be reinstated with no back pay and be probationary employees for two years. Five will be reinstated with some back pay, while six employees remain terminated. 

As for the supervisors, 15 were investigated. Of those, four have retired, one resigned, eight were suspended, one received written discipline and one received no discipline. The city is still in arbitration on six of those cases.

None of the superintendents were disciplined. One retired, one still works in the roads division and one has moved on to a more senior position.

That disparity bothered Coun. Scott Duvall, who says the higher-ranked employees got "little slaps" while the front-line workers got "a sledge hammer."

It didn't happen overnight, and it's not going to be repaired overnight, but we're working toward repairing it.- Coun. Sam Merulla

Thirty workers were fired, and "if that's not a sledge hammer, I don't know what you call that," he said at a council committee Wednesday, the first opportunity councillors have had to discuss the arbitrator's report.

"I just think more of an attitude (of progressive discipline) should have been taken since it was going so high up," he said. "This was not just front-line employees. This was supervisors, middle management, and the culture has been like that for a long, long time."

Coun. Sam Merulla of Ward 4, chair of the public works committee, disagreed. Everyone was treated fairly regardless of rank, he said, and "no one went unscathed." 

The issue dates back to late 2012, when the city began using GPS and video surveillance to monitor the actions of roads employees. Records showed some were only working a fraction of their days, while getting paid for full hours. Some workers were also questioned regarding missing asphalt.

Slotnick's report became public on May 4. City manager Chris Murray discussed it during his annual city manager performance appraisal presentation at a general issues committee meeting on Tuesday.

In his presentation, Murray said the ordeal prompted the city to improve its culture, which has led to 23 per cent more productivity.

In fact, tasks that used to cost $1 in 2012 only cost 77 cents, he said. Installing wheelchair ramps, for example, cost an average of $2,087 in 2012 compared to $610 in 2014. Pothole patching cost about $65 in 2012 and $39 in 2014.

Merulla said it took years to get to the low end, and it will take a while to improve.

"It didn't happen overnight, and it's not going to be repaired overnight, but we're working toward repairing it."

The issue isn't over. In addition to arbitration for the six supervisors, CUPE 5167 may ask for a judicial review of Slotnick's decision, said Lora Fontana, the city's director of labour relations.