HomeMy WebLinkAbout2005-0910.Premji et al.05-11-24 Decision
Crown Employees Commission de Nj
Grievance Settlement reglement des griefs
Board des employes de la
Couronne
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Suite 600 Bureau 600 Ontario
180 Dundas Sl. West 180 rue Dundas Ouest
Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
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GSB# 2005-0910 2005-0911 2005-0917 2005-2360
UNION# 2005-0234-0134 2005-0234-0135 2005-0234-0141 2005-0234-0268
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontano PublIc ServIce Employees Umon
(PremJI et al) Union
- and -
The Crown III RIght of Ontano
(Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer
BEFORE Manlyn Nairn Vice-Chair
FOR THE UNION Scott Andrews
Gnevance Officer
Ontano PublIc ServIce Employees Umon
FOR THE EMPLOYER Rena Khan
Staff RelatIOns Officer
Mimstry of Commumty Safety and
CorrectIOnal ServIces
HEARING November 21 2005
2
DeCISIon
Through these gnevances, the umon, on behalf of four gnevors, IS challengmg the awardmg of
SIX Nurse 2 posItIOns followmg the postmg of an open competItIOn on Apnl 13 2005 All of the gnevors
and all of the successful candIdates were unclassIfied employees at Maplehurst CorrectIOnal Complex at
the relevant tIme The umon seeks productIOn of the competItIOn file The employer IS prepared to provIde
access to that file save and except for the names of the candIdates who partIcIpated m the competItIOn, on
the basIs that a pnvac, mterest eXIsts m respect of candIdates IdentItIes, and, that the remammg
mformatIOn should be sufficIent for the umon's purposes
I am not persuaded that there IS a pnvac, mterest to be protected m a challenge to the awardmg of
posItIOns m an open competItIOn. No authont, was cIted for such an mterest. There can be no expectatIOn
of pnvac, m CIrcumstances where an employee applIes for a posted posItIOn and It IS clear that the
postmg contemplates a competItIve process as between applIcants and that the awardmg of the posted
posltIOn(s) IS subject to challenge through the gnevance and arbItratIOn process The purpose of the
postmg process IS to ensure the open and transparent awardmg of posItIOns on the basIs of the relevant
cntena. Even If! were to assume some pnvac, mterest, (whIch I do not) It IS not absolute The awardmg
of the posItIOns has been challenged b, the filmg of the gnevances The test for productIOn of documents
IS whether or not the matenalls arguabh relevant to the Issues m dIspute between the partIes At the ven
least, the umon shares an oblIgatIOn to advIse successful applIcants that the awardmg of the posItIOn has
been challenged and that theIr mterest mIght be affected. Where the umon IS challengmg the competItIve
process, all mformatIOn relatmg to the competItIOn IS arguabh relevant.
I therefore dIrect the employer to forthwIth produce the competItIOn file m ItS entlren to the
umon. I wIll remam seIzed wIth respect to an, Issue ansmg out of the ImplementatIOn of thIS mtenm
order
Dated at Toronto thIS 24th da, of November 2005
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