HomeMy WebLinkAbout2014-4059.Askarzada.17-11-09 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
GSB# 2014-4059, 2014-4259, 2014-4326, 2014-4327, 2014-4328, 2014-4329, 2014-4330,
2014-4334, 2014-4335, 2014-4501, 2014-4502
UNION# 2014-0534-0026; 2014-0534-0028; 2014-0534-0031; 2014-0534-0032; 2014-0534-
0033; 2014-0534-0034; 2014-0534-0035; 2014-0534-0039; 2014-0534-0040;
2014-0534-0041; 2014-0534-0042
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Askarzada et al) Union
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The Crown in Right of Ontario
(Ministry of Community and Social Services) Employer
BEFORE Daniel A. Harris Arbitrator
FOR THE UNION Seung Chi
Ontario Public Service Employees
Grievance Officer
FOR THE EMPLOYER Caroline Cohen
Treasury Board Secretariat
Legal Services Branch
Senior Counsel
HEARING November 1, 2017
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Decision
[1] These matters currently involve six grievances against the outcome of a job
competition held in October 2014 in the Family Responsibility Office (FRO) for
the position of Enforcement Services Officer. The Employer appointed ten
permanent positions and nineteen temporary assignments in November 2014.
One additional permanent position and one temporary position were announced
in March 2015.
[2] The third scheduled day before the Board was held on November 1, 2017. The
previous day before the Board was held April 24, 2017. On that day it was
agreed that the Union would file particulars by July 14, 2017. Only one grievor
provided the Union with particulars in a timely fashion.
[3] On November 1, 2017 three of the grievors failed to attend. They had also failed
to attend on April 24, 2017.
[4] The grievors are hereby ordered to provide particulars of their claims. Without
limiting the generality of this order, those particulars are to include details of
which answers at the interview were not recorded by Nancy Hutton, one of the
interviewers, as well as the impact of those alleged omissions on their scores,
quantified.
[5] The Union is also to provide questions it says were not relevant to the
requirements of the job and any alleged deficiencies in the audio and video
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presentation and how the alleged irrelevant questions impacted the grievors’
scores, quantitatively.
[6] These further particulars are to be provided to the Union by the grievors by
November 15, 2017 and by the Union to the Employer by November 24, 2017.
[7] This matter will come back on for a hearing on December 22, 2017. If any
grievor fails to attend, their grievance will be dismissed absent a compelling and
substantiated reason for their failure to attend.
[8] If any of the grievors fails to provide the required further particulars, no evidence
may be called at the hearing to substantiate any non-disclosed particulars.
Dated at Toronto, this 9th day of November 2017.
Daniel A. Harris, Arbitrator