HomeMy WebLinkAboutCastonguay 93-10-15 IN THE MATTER OF AN ARBITRATION
BETWEEN
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
LOCAL 656
- and -
CAMBRIAN COLLEGE
Grievance of Lynne Castonguay - OPSEU No. 91C876
BEFORE: R.O. MacDowell - Chairman
Jon McManus - Union Nominee
David Cameletti - Employer Nominee
APPEARANCES:
For the Union: Gary Caroline )
Michael Gottheil ) Counsel
For the Employer: Ann E. Burke, Counsel
Hearings held in Sudbury: February 17, November 11 and
December 17, 1992; October 12 and 13, 1993.
AWARD
This grievance concerns the wAY in which the College
has applied the job posting provision of the parties' collective
agreement. The union contends that the selection process was
flawed, and/or the Selection Committee was wrong when it rejected
the grievor's job application. The College replies that the
Selection Committee included union members, that it fashioned, the
selection criteria in consultation with the employee formerly
doing the job, and that the Committee reached the right result on
the basis of the information before it.
The arbitration hearing in this matter has already
consumed several days, and there was a real likelihood that
several more days would be necessary if the board were to receive
all of the evidence that the parties claimed was relevant to our
determination. Indeed, it appeared that the arbitration process
would consume far more resources - economic, organizational, and
emotional - than the decision under review. However, instead of
pursuing that process to its conclusion, the parties met, and
with the assistance of counsel, were able to reach an amicable
resolution of all matters in dispute between them. And while it
may be stating the obvious, we think that that was a sound and
sensible thing for them to do.
--. 2 --
Litigation of this kind is a painful, protracted and
expensive process, which risks poisoning personal and
professional relationships; moreover, arbitration is an imperfect
mechanism: there is no guarantee that an arbitration board "will
get it right". And even if the board reaches the correct legal
conclusion, there may be damage to the parties' ongoing
collective bargaining relationship.
Against that background, a negotiated settlement is
almost always preferable, and we have no doubt that that is the
case here.
Since the parties have settled the issues in dispute
between them, this proceeding is hereby terminated.
Dated at Toronto this 15th day of October, 1993.
"J. McManus"
I CONCUR:
UNION NOMINEE
"David Cameletti".
I CONCUR:
EMPLOYER NOMINEE