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positions, within the meaning of article 32.10, which defines and limits the' scope
of those matters that may be propedy filed as Union grievances. The College
contends that because, in its submission, Ms. Young was "an employee [who]
would [have been] personally entitled to grieve" the classification of the posted
position, the matter has been carved out of those differences that may be filed as
Union grievances. The College emphasizes .that when the posting was-put up on
February 15, 2001, Ms. Young was working in the bargaining unit as a partial
load professor.
The February 15, 2001 posting for three Flight Instructors is set out below:
Seneca College of
Applied Arts & Technology
DATE: February 15, 2001
FLIGHT INSTRUCTORS (3) - SCHOOL OF A VIA TION & FLIGHT
TECHNOLOGY
The Flight Instructors will be responsible for carrying out scheduled
preparatory ground instruction, flight instruction and simulator
instruction, evaluating student progress and consulting with aviation
professors regarding student progress and instructional effectiveness.
The Flight Instructors will teach the specific techniques/practical skills
acquisition related to flying and evaluate student performance within
the assigned courses. In addition, the Instructors may, from time to
time, be called upon to contribute to other activities ancillary to the
provision of instruction, such as procurement and control of
instructional supplies and maintenance and control of instructional
equipment.
The minimum qualifications are: one year (desirable) experience as a
Flight Instructor, a valid Transport Canada Commercial Pilot License
with Group I Instrument Rating and a Class 4 Flight Instructor Rating.
A Class III Flight Instructor Rating and 500 hours of flight experience
2
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at that point, the dispute respecting the classification had no Personal impact on
her.
Accordingly, for the reasons set out, the Board concludes that during the
relevant period the subject of the grievance was not a "matter upon which [Ms.
Young] would [have been] personally entitled to grieve ..."
In the result, therefore, the Board concludes that the grievance is properly
filed as a Union grievance and the preliminary objection of the College is hereby
dismissed.
This matter will be scheduled, forthwith, for hearing on the merits of the
grievance.
Dated at Toronto this 23rd d '
Chair
S.C.
"1 dissent" "Peter Hetz"
College Nominee
"1 concur" "Pamela Munt-Madilr'
Union Nominee
11
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