HomeMy WebLinkAbout2018-1472.Sarfi et al.20-02-13 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#2018-1472; 2018-1473; 2018-1474; 1475
UNION# 2018-0228-0017; 2018-0228-0018; 2018-0228-0019; 2018-0228-0020
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Sarfi et al) Union
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE Nimal Dissanayake Arbitrator
FOR THE UNION Jesse Gutman
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER Sean White
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING January 30, 2020
- 2 -
Decision
[1] Four grievances alleging a violation of article 6.3 of the collective agreement
were scheduled to be heard by the Board Pursuant to article 22.16. When
the Board convened on January 30, 2020 the parties informed that
grievances 2018-1474 and 2018-1475 are withdrawn. That left the
grievances of Ms. Sharlene Sarfi and Ms. Samantha Glave, who had applied
for the position of Group Leader at the Brampton court house. They were
interviewed but were not offered a position.
[2] Following mediation, the parties executed a “Memorandum of Settlement”
jointly requesting that the Board issue a “consent award” incorporating the
agreed upon terms therein. This decision is issued in response to that
request.
[3] The evidence establishes that after interviews and scoring had been
completed the employer exercised its discretion to lower the benchmark set
for the competition. I find that the employer’s exercise of its management
rights in the circumstances was not tainted by bad faith.
[4] It is understandable that the grievors reasonably perceived that the conduct of
this competition may not have been in accordance with the employer’s best
practices. However, I find that no violation of the collective agreement has
been established.
[5] Accordingly, the grievances are hereby dismissed.
Dated at Toronto, Ontario this 13th day of February, 2020.
“Nimal Dissanayake”
Nimal Dissanayake, Arbitrator