HomeMy WebLinkAbout2007-2947.Trott et al.09-10-23 Decision
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IN THE MATTER OF AN ARBITRATION IN THE MATTER OF AN ARBITRATION
UUnnddeerr
THE CROWN EMPLOYEES COLLECTHE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT TIVE BARGAINING ACT
BBeeffoorree
THE GRIEVANCE SETTLEMENT BOARD THE GRIEVANCE SETTLEMENT BOARD
BETWEENBETWEEN
Ontario Public Service Employees Union
èÏÔÎÏ
(Trott et al)
- and -
The Crown in Right of Ontario
(Ministry of Community and Social Services)
Employer
BEFOREReva Devins Vice-Chair
FOR THE UNIONPeggy Smith,
Peggy E. Smith Law Offices
Barristers and Solicitors
FOR THE EMPLOYERLisa Amin
Ministry of Government Services
Counsel
HEARINGOctober 21, 2009.
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Decision
[1]The parties agreed that these matters would proceed as a mediation/arbitration under
Article 22.16 of the collective agreement and that the decision will be without prejudice
or precedent.
[2]On July 31, 2006, the Employer posted vacancies for 31 permanent positions in the
Family Responsibilities Office (FRO). All of the positions were Intake Workers rated at
an OAG 8 classification. Several other positions were subsequently added to the
competition. Three positions were filled by direct assignment; a job competition, which
included a written test, was held to fill the remaining vacancies. The successful
candidates commenced in their new positions on October 1, 2006.
1
[3]None of the grievors were successful and all grieved the outcome of the job competition.
The grievances allege that the selection process was unfair, particularly, the marking of
the written test. Upon subsequent review of the marks, the Employer agreed that some of
the written tests were incorrectly marked and it rescored the tests, issuing a corrected
score sheet to the Union.
[4]After a full review of the grievors? amended scores and rankings, the Union and the
Employer agreed that Melanie Da Silva, Ihsaan Khan, Brenda Leachay and Belinda Trott
should have been awarded permanent positions. The Employer also indicated that it
wanted to remedy the situation as soon as possible, subject only to immediate operational
considerations.
[5]Having heard the submissions of the parties, I Order that:
1. Melanie Da Silva, Ihsaan Khan, Brenda Leachay and Belinda Trott will all be
awarded positions as Intake Worker with FRO, at the OAG 8 classification and will
be compensated with full back pay to October 1, 2006;
1
Grievor Darina Liska did not actually compete for the position but nonetheless grieved what
she alleged was the unfairness of the competition process.
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2. The Employer will place the grievors in these positions within 30 days.
[6]The grievances of Sarah Ordonez, Darina Liska and Sandra Ferdinandusz are dismissed.
[7]I will remain seized in the event that issues arise with respect to the implementation of
this Award.
rd
Dated at Toronto this 23 day of October 2009.
Reva Devins, Vice-Chair