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HomeMy WebLinkAboutBISNAUTH-1993-23-02-TORONTO EAST GENERAL AND ORTHOPAEDIC HOSPITAL RECEIVED FEB 2 4 1993 IN THE MATTER OF AN ARBITRATION BETWEEN: TORONTO EAST GENERAL & ORTHOPAEDIC HOSPITAL INC. (the "Employer") - AND - THE ASSOCIATION OF ALLIED HEALTH PROFESSIONALS: ONTARIO (the "Association") '- AND IN THE MATTER OF A GRIEVANCE OF R. BISNAUTH RE JOB POSTING SOLE ARBITRATOR: R.D. JOYCE APPEARANCES: FOR THE EMPLOYER: J. BAKER W. JONES M. WILLIAMS COUNSEL FOR THE ASSOCIATION: C. WILKEY C. BOWMAN COUNSEL THIRD PARTY OF INTEREST: S. MACKINNON A hearing into this matter was held in Toronto, Ontario, on November 13, 1992, and February 2, 1993. AWARD The Grievor, Ms. R. Bisnauth, alleges that the Employer's refusal to accept her for a job vacancy for the position of Pulmonary Function Technologist (PFT) is in violation of the terms of the collective agreement. The third party of interest, the incumbent, Ms. S. MacKinnon, attended at the hearing but did not participate in the proceedings. The Employer posted for the vacant position of Registered Pulmonary Function Techriologist (RPFT) in the Respiratory Therapy Department on July 29, 1992. The stated qualifications, position summary and responsibilities were as follows: Qualifications: Registered Cardia-Pulmonary Function Technologist; must be registered with the Canadian Association of Cardio-Pulmonary Technologists; a background in Respiratory Therapy an asset. position Summary and Duties: Responsible for processing and performing all Pulmonary Function tests on in-patients and out-patients done in the Hospital. The Grievor is a graduate of the three-year Algonquin College program in Respiratory Therapy (RT) and is a member of the Respiratory Therapy Society of ontario. She commenced working for the Hospital in June, 1989, as an RT and applied for the posting for a Registered Pulmonary Function Technologist (RPFT) on July 30, 1992. The Grievor was the only internal applicant and when she was not interviewed for the position and learned that an external applicant had been selected, the instant grievance was filed on September 8, 1992. - 2 - In short, it is the position of the Employer that when it became known that the position would be open it was decided that it was necessary to staff the function with a Registered Pulmonary Function Technologist and as the Grievor's experience was not in that field she did not meet the registration requirement of the posting and hence was not given consideration for the position. Further, as the Grievor would require training and a trial period, and as such is not an obligation of the collective agreement, the grievance must fail. Pertinent provisions of the collective agreement follow: '- ARTICLE 3 - MANAGEMENT RIGHTS AND RESPONSIBILITIES 3.01 The Association recognizes that the management of the Hospital and the direction of working forces are fixed exclusively in the Hospital and shall remain solely with the Hospital, except as specifically limited by the express provisions of this Agreement, and without restricting the generality of the foregoing, the Association acknowledges that it is the exclusive function of the Hospital to: (a) maintain order, discipline and efficiency; (b) hire, assign, retire, discharge, direct, promote, demote, classify; (c) determine in the interest of efficient operation and highest standard of service job rating or classification, the hours of work, the working establishment for any service, tours of duties, working schedules, and the location of work; (d) generally to manage the operation that the Hospital is engaged in and without restricting the generality of the foregoing to determine the standard of performance, the number of personnel required, the services " - 3 - to be performed and the methods, procedures and equipment in connection therewith. The Hospital agrees that the above rights shall not be exercised in a manner that is inconsistent with the terms of this Agreement. 3.02 ARTICLE 14 - PROMOTIONS 14.01 An appointment to a new position constitutes a promotion where: 14.03 a) i) the maximum rate of pay applicable to a new position to which the appointrn~nt is made exceeds the maximum rate of pay applicable to the position held immediately prior to the appointment, and additionally ii) the position to which the employee is appointed requires additional responsibilities. Prior to an appointment to a new or vacant position in the bargaining unit, the Hospital shall post a notice of the vacant or new position, including temporarily vacant positions for a period in excess of six (6) months, on the bulletin board provided for that purpose by the Hospital for a period of five (5) working days, exclusive of Saturday, Sunday and statutory holidays. (A vacancy shall be defined as a permanent opening, a temporarily vacant position for more than six (6) months, or where the number required by the Hospital in the classification exceeds the number in the classification). Applicants may make written application for such job vacancy within the period specified in the posting. In the event that a posted position is filled by a member of the bargaining unit, the newly created vacancy need only be posted for two (2) working days, exclusive of Saturday, Sunday and statutory holidays. - 4 - b) This posting procedure described in a) above may be altered or eliminated by mutual consent of the Hospital and the Association. 14.04 In cases where qualifications, performance, ability and experience are relatively equal, seniority shall be the deciding factor when decisions are made with regard to promotions to the above-mentioned positions. Internal applicants who apply in response to a general advertisement of the job will be given preference in consideration of their seniority with the Employer if all other matters of qualifications are relatively equal to those of an outside applicant. 14.08 If, following an internal job posting, no persons apply or no applicants have the necessary qualifications, performance, ~bility and experience, in the opinion of the Hospital, then the Hospital may fill the job in its discretion. It is useful to review the two functions pertinent to this award, i.e., RT and (R)PFT. The practice of Respiratory Therapy has been defined as: ...the providing of Oxygen Therapy, Cardio-Respiratory equipment monitoring and the assessment and treatment of Cardio-Respiratory and associated disorders to maintain or restore ventilation (Bill 64, Respiratory Therapy Act, 1991). Authorized Acts for Respiratory Therapists in ontario follows: SCOPE OF PRACTICE The practice of respiratory therapy is the providing of oxygen therapy, cardio-respiratory equipment monitoring and the assessment and treatment of cardio-respiratory and associated disorders to maintain or restore ventilation. AUTHORIZED ACTS In the course of engaging in the practice of respiratory therapy, a member is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to perform the following: - 5 - 1. Performing a prescribed procedure below the dermis. 2. Intubation beyond the point in the nasal passages where they normally narrow or beyond the larynx. 3. suctioning beyond the point in the nasal passages where they normally narrow or beyond the larynx. 4. Administration of a substance by injection or inhalation. A description of the responsibilities, duties and entrance requirements for an as~iring RPFT is found in a brochure published by the Canadian Association of Cardio-pulmonary Technologists and follows (in part): The Registered pulmonary Function Technologist requires specialized skills in order to perform diagnostic procedures used for the investigation of pulmonary and cardiovascular disorders. The Registered Technologist works closely with the physician in order to provide information relevant to the patient's diagnosis, prognosis, and surgical risk. The Registered Technologist must have an extensive knowledge of instrumentation and techniques, and furthermore must be able to elicit active co-operation from the individual patient during these procedures. Before attempting the Registration Examination, the technologist must: Have the appropriate educational background, that is, either a B. Sc. in Physiology, Biology, Kinesiology or equivalent as decided by the education committee: Bioscience diploma - 2 year program; Major Medical Technologies - 2 year program; Registered Nurse - 2 year program; "all technologists must have registered status". (Must) have reached the age of 18 years. (Must) have had not less than one year of appropriate experience in a laboratory approved by the Board of Directors in a cardiovascular and/or - 6 - pulmonary diagnostic capacity. (Must) hold a current certification in C.P.R. The evidence of the Grievor includes a review of the scope of practice For Respiratory Therapy, relative to Pulmonary Function Testing, as recommended by the Respiratory Therapy Society of Ontario, as of August, 1992, which review details the scope of practice including the Level I, Level II, and Added skills requirements in Assessment, Interpretation, and Monitoring. The Level I Skill requireme~ts under the sUb-heading Pu1monary Function Testing are detailed as follows: . Assessment of results to determine the validity of the test . Evaluation of airway disease using bronchoprovocation and/or bronchodilator therapy . Performing quality control measures according to the Hospital policy and procedure . Measurement of all lung volumes and gas flowrates by: - Flow-volume loops - Inert gas dilution - Spirometry . Measurement and/or calculation of: - Airway resistance Carrying capacity Compliance Dead space Gas distribution Gas transfer Maximum voluntary ventilation Negative inspiratory force . Measurement, during exercise testing, of: - Carbon dioxide production - Lung volumes and flowrates - Maximum ventilation - Oxygen consumption - Respiratory quotient - 7 - The Level II Basic Skills requirements are said to be: . Measurement of lung volumes, gas flow and airway resistance by plethysmography Under the sUb-heading Pu1monary Artery Lines, it is stated: . The measurement of wedge pressure and cardiac output on the order of a physician in a Hospital when a physician is available to intervene appropriately. Under the sub-heading of Exercise, the Level I Basic Skills are stated as being: '- . Assisting with passive and active exercises . Graded exercise testing for cardiac stress testing and pulmonary function testing The Grievor then reviews the Algonquin College Pulmonary Function Laboratory course content and details the third year clinical rotation objectives as established by the College: During their clinical year, respiratory therapy students spend 3 weeks in a pulmonary function diagnostic lab developing and integrating the skills and knowledge necessary to operate the equipment and perform diagnostic tests normally done by the pulmonary function staff. Upon completion of this rotation, the respiratory student shall be able to: (a) Demonstrate the proper set up and operation of the equipment used in pulmonary function labs. (b) Describe the operating principle of the pulmonary function equipment. (c) Demonstrate under minimal superv~s~on, the ability to perform a complete pulmonary function test, including diffusion studies. - 8 - (d) describe the role of the pulmonary function staff within the health care team. The Grievor confirms that she attended at and graduated from the total program as covered in evidence, with the exception of the Exercise Level 1 Basic Skills section of the program as she did not have the benefit of there being a computerized bicycle during her period of study. Additionally, the Grievor reviews in evidence her four-week in-hospital Pulmonary Function training period at the conclusion of her course, during which time she assisted in the attending of a total of eight patients over a period of four weeks. '- The evidence of the Grievor continues that when she heard that the RPFT incumbent was leaving the employ of the Hospital she spoke with the Director of Respiratory Therapy about the job and was told that she would have to write an examination and become registered approximately one year after being accepted for the job. When the Grievor said that was acceptable to her, the Director said that the Grievor would become bored with the job, to which she responded that she did not believe that would be the case and she wished to have a Monday-to-Friday day job as she planned to attend evening classes. When the Director said that the Grievor should think about it further because it would mean she would be giving up her 12-hour shifts, the Grievor responded that she had given that thought as well, and still wanted the position. In a general staff meeting which took place subsequent to the aforesaid discussion, the Director repeated that any employee who was selected for the position would have to take an examination and become registered within one year. still later, the Grievor called the Director and was told that the position would be posted early in the following week, and when the Grievor asked the qualification requirements she was again told that it would be necessary to become registered following one year's - 9 - experience on the job. The evidence of the Grievor continues that when the job was posted she noticed that the requirement was for a Registered Technologist but she nevertheless decided to apply. It was not until the day before the present incumbent commenced employment that the Grievor learned that the job had been filled. The evidence of the Director of Respiratory Therapy is that she seriously considered permitting the position to be filled with an RT who would complete the examination and become registered while on the job, but after discussing the matter with the Doctor who is most active in the area, as well as with the V.P. of Special Services to whom she reports, it was .unanimously decided to seek an experienced person who was a Registered PFT. This decision was subsequently reviewed with the departing incumbent who agreed with the direction being taken. The decision was made after taking into account that technology had changed in recent years and the Hospital wanted to have the most qualified person possible in the area. While the majority of the equipment was the same as when the former incumbent started on the job in 1986 without registration, computerization was introduced in 1988 and Level I Exercise Testing was introduced in 1991. The work was sufficiently complex that the laboratory had to be closed when the former incumbent was absent, e.g., during vacation periods; the Hospital had attempted to continue the operation by temporarily assigning an RT to the function, but the results were unsatisfactory and after the one attempt the experiment was not renewed. Though RT's have considerable experience and expertise in their field, their Pulmonary Function training does not come close to matching that of an RPFT. The Pulmonary Function lab is a diagnostic lab that does diagnostic tests for determining - 10 - respiratory diseases, with the majority of patients coming from the Respirologists in the Hospital, while Respiratory Therapists are expected to work in all areas of the Hospital with most of their time spent in the critical care area, the tasks and responsibilities of the two functions being quite different. The witness states that prior to the time the previous incumbent was hired, the pulmonary lab was staffed with an RT but there was such a shortage of employees in that classification when an opening occurred in 1986 that the Hospital had to engage the previous incumbent who was a graduate Kinesiologist who had not had previous training as an RT or .as a PFT. Subsequent to her gaining the required one year's experience in the function she wrote the RPFT examination and became registered. There are no accredited courses to become a PFT or an RPFT but the previous incumbent did attend six one-night study sessions at the Toronto General Hospital. The Employer decided that as the Lab had functioned with a highly experienced, competent, RPFT for a number of years now, it would not be desirable to lower the high standards that had been established by staffing the position with a non-registered PFT. The witness acknowledges that she was aware that there were no employees on the payroll at the time of the posting who could qualify for the position as no employees possessed a PFT registration. She confirms that the present incumbent experienced a three-week period on the job during which the previous incumbent was still on the job, though the latter was absent for three days during that period; it should not be assumed that the new hire required that much familiarization time, though the witness acknowledges that she sought and was given approval to have that period of overlap. It is the view of the witness that an experienced RT could be comfortable in the - 11 - Pulmonary Function job in a minimum period of four to six weeks. It would take perhaps only two days to learn to give and evaluate the bicycle stress test. The witness acknowledges that the Grievor's performance as an RT is satisfactory and it could be assumed that she could eventually perform the PFT job satisfactorily and become registered after one year. At the time of the selection, the witness was not aware of the specific experience the Grievor had in the ottawa Hospitals, but is of the view that her clinical experience would have been about equal to her own Algonquin RT academic experience in 1980 - 1981 as the equipment has not changed very much. That training, however, does not come close to ~~e qualifications held by an RPFT. CONCLUSIONS The starting point in this review is to confirm that under the instant collective agreement the Employer is not required to provide a job applicant with a trial or training period. The two questions to be ultimately answered in response to this grievance are, is the Employer's requirement to have the instant position filled with a Registered Pulmonary Function Technologist (RPFT) a valid requirement and, if not, is the Grievor entitled to the position in any event, given the determination that the Employer is not obliged to provide a trial or training period? That is, given the Grievor's education and experience, would she be entitled to a period of familiarization on the job if the Employer were found to have established improper criteria for the job? If it can be said that any grievance warrants closer examination than another, this is one of those cases. The two primary - 12 - reasons for this are, first, the function has been filled in the past without the successful applicant being registered as a PFT, until after one year on the job and passing the required examination. Why the change in standard at this time? Second, and of extreme importance to the employees, is that the Employer's position effectively prevents employees from ever being able to successfully apply for the position of RPFT. The reason for this is that in order to be eligible to write the examination to become an RPFT, one must have one year's experience as a PFT, and if the position that is open in this Hospital is to be restricted to an RPFT, employees could never write the examination unless they left their employment or were given a leave of absence to gain experience elsewhere and then returned to the instant Employer as an RPFT. As neither of those two scenarios are likely to occur with any degree of regularity, my conclusion is that the Employer's decision effectively prevents employees from successfully applying for a job that is part of the bargaining unit. While that may be a difficult position for employees to face, if the combination of the Employer's legitimate staffing requirements and the terms of the collective agreement require and permit what has led to the instant grievance, so be it. It is certainly not for me to alter the terms of the collective agreement or to permit a training or trial period. Turning to the collective agreement, one finds that article 14.01 has no application to the instant grievance; that article specifically stipulates that in order for an appointment to a new position to be considered a promotion, the job sought by the applicant must be of a higher dollar value than the classification the applicant is in at the time of the posting. In the instant case the two classifications carry the same salary - 13 - rate so the posting does not represent a promotion for the Grievor. Article 14.03 is pertinent only to the extent that it tells us, in combination with articles 14.04 and 14.08 that, subject to job duration considerations, all vacancies must be posted and employees may apply for them, even though the posted job may not equate with the article 14.01 definition of a promotion for a particular applicant. Indeed, the Employer agrees that an employee may properly apply for a non-promotional position. The first sentence of a~ticle 14.04 deals only with promotions and hence is not of assistance to us. The last sentence of the article and article 14.08 read as follows: 14.04 (last sentence): Internal applicants who apply in response to a general advertisement of the job will be given preference in consideration of their seniority with the Employer if all other matters of qualifications are relatively equal to those of an outside applicant. 14.08: If, following an internal job posting, no persons apply or no applicants have the necessary qualifications, performance, ability and experience, in the opinion of the Hospital, then the Hospital may fill the job in its discretion. At first blush, the two above-noted provisions appear to be contradictory and certainly article 14.04 is most puzzling. That article states that in the case of a general advertisement of the job, the internal applicant must have qualifications that are relatively equal to those held by an external applicant before seniority becomes the prevailing factor. On the other hand, article 14.08 stipulates that internal applicants must have the - 14 - necessary qualifications, performance, ability, and experience in order to successfully meet an internal job posting; failing that, the Hospital may fill the job in its discretion. Just how the job could then be advertised generally with the potential result being that an internal applicant could successfully qualify in preference to an external applicant under 14.04 is a contradiction in terms; the only possible way that could work is if the employee did not apply for the internal posting, then later had a change of aspirations and applied for the general posting. Another seeming contradiction is that while article 14.04 stipulates that relatively equal factors between internal applicants must be considered in the case of promotions, that is not a consideration in the case of non-promotional applications and it is not a consideration under article 14.08. My conclusion is that given the above-noted contradictions, article 14.04 has no application to the instant case and, indeed, it could well be argued as well that the provision has no application because the clause in total deals with promotions and this is not a job application or a grievance that pertains to a promotion for the Grievor under article 14.01. Certainly the first sentence of the article deals only with promotional situations and it seems clear that the words "the job" in the second sentence of the article continues the notion that the clause deals only with promotions. In any event, for either or both of the stated reasons, I am satisfied that the only provision applicable to the instant grievance is article 14.08, which article can be read in no other way but that in order for the Grievor to successfully apply for the posted job, she must have the necessary qualifications, - 15 - performance, ability and experience, as determined in the opinion of the Employer. If the Grievor possesses those aforesaid ingredients, an external applicant cannot be a consideration. This takes us first to an examination of the Employer's stipulated qualifications for the position and second, the Grievor's qualifications to perform the function. The Employer determined that the function had to be performed by a person who had at least one year in the position of a PFT and who had passed the necessary examination to become an RPFT. While there are established general educational entrance requirements, there are no other entrance or accredited courses to become a PFT or an RPFT; one year as a PFT and the passing of a six-hour exam qualifies one as an RPFT. A review of some of the background is helpful. The Director of the Department states that prior to the previous incumbent being hired for the job, it was filled by interested employees who were working for the Hospital as Respiratory Therapists, that being the Grievor's classification. The evidence continues that when the position came open in 1986 there was an extreme shortage of RT's so it was filled by an external applicant who was not an RT and was not a registered PFT but who became registered after approximately one year on the job. Additional evidence is that most of the equipment is the same as it was when the former incumbent started on the job. Computer equipment was introduced in 1988 and the computerized exercise cycle was introduced in 1991. While the Grievor states that she would require a two-week familiarization period before becoming totally familiar with the equipment and routine (partly because all aspects of the job are not exercised every day), the Director states that she believes it would take her a minimum of four to six weeks. The Director - 16 - states that it would take the Grievor two days to learn the exercise cycle testing program. The Director requested and received approval to have the current incumbent work with the previous incumbent for a period of three weeks prior to the departure of the previous incumbent. Additional evidence is that the Director is a 1981 RT graduate of the same school from which the Grievor graduated but as the decision was made that the Hospital required an RPFT she did not examine the course content in effect at the time of the Grievor's graduation and she was not aware of the in-hospital training the Grievor experienced in her last year of college. A review of the differences in the two job descriptions, PFT and RPFT reveals that the description that was in effect from 1988 to 1992 stipulates that the requirement pertaining to registration is, "Eligible for registration with the Canadian Association of Cardia-Pulmonary Technologists" and under the heading "other skills" it is stated, "A background in Respiratory Therapy an asset"; the description dated July 10, 1992, stipulates the requirement as being, "Must be registered with the Canadian Association of Cardiopulmonary Technologists." "Other skills" continues to state, "A background in Respiratory Therapy an asset." While there are minor changes in the wording under "Duties and Responsibilities," the only meaningful change is the addition of, "Performs all stage 1 exercise testing on inpatients and outpatients, done in the Hospital," found in the latest description. The successful external applicant, Ms. MacKinnon, is a 1985 graduate of the University of Waterloo, Bachelor of Science, Honours, Kinesiology, and worked for another Hospital as a PFT from 1985 to 1991. There is no argument that she is well - 17 - qualified to perform the required duties in the instant Hospital. There could be no argument that if she had been an internal applicant for the position, and if the collective agreement provided for the best internal applicant to be granted the position, Ms. MacKinnon would have been selected in preference to the Grievor. That, however, is not the situation and it is the Association's position that the Employer is required to transfer the Grievor in preference to hiring externally. One element in this case requires underlining. To become an RPFT, one requires experience in the field. One cannot become an RPFT by taking accredited courses or by simply furthering one's scholastic achievements. While the Employer can properly say that registration is a requirement, another equally proper way of characterizing the requirement would be to say that only those with on-the-job experience need apply. In requ1r1ng that a job applicant, in order to be successful, be an RPFT the Employer is saying no more and no less than that the applicant must have at least one year's experience in the function and must have passed an examination. If one accepts that condition, the opportunity for the position would be lost to all of the Hospital's employees because it is impossible to obtain that experience in this Hospital. The opportunity to obtain the position would be restricted to those who had been fortunate enough to have worked previously for a Hospital which was willing to engage a non-registered person for the job, just as the instant Hospital was willing to do in the past. More importantly, if the Hospital can add experience and the passing of an examination as the entrance criteria to the PFT position (and to repeat, that is all Registration means), why then would the Employer not be able to add that same criteria to many other jobs, thus effectively cutting off the promotional and transfer - 18 - opportunities ostensibly offered under the terms of the collective agreement? While the Employer most certainly has the right to establish higher realistic standards and to require that job applicants demonstrate that they are participating in or have successfully completed relevant courses of study, including those that are designed to provide the applicant with up-dated technical, technology and other information, that right does not extend to requiring pure on-the-job experience coupled with the passing of an examination that is tied directly to that same experience. '- This being so, the determination of this aspect of the case is that the Employer's decision to restrict the job posting to a Registered Pulmonary Function Technologist was in violation of the collective agreement. That, however, does not necessarily mean that the Grievor's qualifications permit her a period of familiarization on the job and that is now reviewed. The Grievor estimates that she would require a period of two weeks in order to become familiar with the equipment and the routine. The Director of the Department estimates that the period would be a minimum of four to six weeks. When the current incumbent, a highly experienced RPFT was hired, the Director sought and was granted a three-week overlap period before the previous incumbent left her employ. In fairness, it may be that the Director wished to have a period of that duration in order to have the previous incumbent assess the new employee. The evidence reveals that the Grievor successfully passed the Algonquin program, including the Pulmonary Function section of that program and the evidence reveals as well that she gained - 19 - some, though limited, experience at two Hospitals. The Grievor does not have experience on the computerized bicycle exercise program but the Director states that this would require only a two-day learning period. I am satisfied that if a job posting for a PFT had been published, coupled with the requirement that the successful applicant would be required to obtain registration after approximately one year on the job, the Grievor would have been selected and provided with a period of familiarization, had she been the most senior qualified applicant. The problem is that having found that the WT>ong posting was published, no one can be absolutely certain that other and more senior employees to the Grievor would not have applied for the job had the proper criteria been posted. This being so, the job cannot be awarded directly to the Grievor as a result of this award. Given the above facts and determinations, the award is that the Employer is required to post for the position of Pulmonary Function Technician. The Grievor's previous application is to apply to this posting, unless she prefers to submit a revised application. If other employees who were on the payroll at the time of the original posting apply, the Employer is then to select who is to be awarded the position. If the Grievor is selected, she is to be given credit for having been on the job from the date the previous incumbent left the employ of the Hospital. I am not at all certain that service recognition on this job will provide the Grievor with any added benefit or protection in the future, but in the event that it does, she is given that benefit and/or protection. As the rate of pay for the RT job is the same as that for the PFT job, retroactive pay is not a consideration. That fact provides the Hospital with the opportunity to both provide the Grievor with a period of - 20 - familiarization and the present incumbent, who is placed in a difficult position through no fault of her own, with time to readjust which, of course, may mean employment elsewhere. In order to accommodate the adjustment requirements of the present incumbent, the Grievor, if selected, need not be placed on the job for a period of up to three months from the date of this award. In the interim the Grievor is to be provided with whatever familiarization period is required. I, of course, have no jurisdiction to order any conditions or time frames in the event an employee other than the Grievor is selected for the position under article 14.08. '- Dated at Toronto, Ontario, this,z3~day of February, 1993. ~~~-l / R. 'D. Joy Arbitrator