HomeMy WebLinkAbout2004-0810.McQueen.06-12-19 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas Sl. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
reglement des griefs
des employes de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tel. : (416) 326-1388
Telec. : (416) 326-1396
IN THE MATTER OF AN ARBITRATION
Under
Nj
~
Ontario
GSB# 2004-0810
UNION# 2004-0234-0279
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
BETWEEN
BEFORE
FOR THE UNION
FOR THE EMPLOYER
HEARING
Before
THE GRIEVANCE SETTLEMENT BOARD
Ontario Public Service Employees Union
(McQueen)
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Barry Stephens
Stephen Giles
Grievance Officer
Ontario Public Service Employees Union
Rena Khan
Staff Relations Officer
Ministry of Community Safety and
Correctional Services
December 13, 2005.
Union
Employer
Vice-Chair
2
Decision
The parties agreed to an Expedited Mediation-Arbitration Protocol for the Vanier Correctional
Complex. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the
parties have agreed to an expedited process wherein each party provides the vice-chair with
written submissions, which include the facts and authorities the party intends to rely upon, one
week prior to the hearing. At the hearing, oral evidence is not called, although the vice-chair is
permitted to request further information or documentation. In addition, if it becomes apparent to
the vice-chair that the issues involved in a particular case are of a complex or significant nature,
the case may be taken out of the expedited process and processed through "regular" arbitration.
Although individual grievors often wish to provide oral evidence at arbitration, the process
adopted by the parties provides for a thorough canvassing of the facts prior to the hearing, and
leads to a fair and efficient adjudication process. Arbitration decisions are issued in accordance
with article 22.16 of the collective agreement and, therefore, are without precedent.
The grievance relates to a job competition for the In-Service Use of Force Trainers positions.
The grievor failed to achieve the 'benchmark' score of 12 on the application screening, and thus
was not provided with the training opportunity. The grievor raised an issue about the portion of
the screening related to "Cover Letter, Application, Resume" for which he received zero. He
alleges he was not properly scored on this category and, therefore, was not properly considered
for the training. The employer responds that the grievor's total score was 7, and that, even if he
had scored perfect in the category of "Cover Letter, Application, Resume", he would not have
made 12, which was the cut-off for consideration for training.
3
Decision
After carefully reviewing the submissions of the parties, it is my conclusion that the grievance
should be dismissed.
Dated at Toronto, this 19th day of December, 2006.