HomeMy WebLinkAbout2017-2454.Turner.2022-07-27 Decision
Crown Employees
Grievance Settlement
Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Commission de
règlement des griefs
des employés de la
Couronne
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
GSB# 2017-2454
UNION# 2017-0232-0015
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Turner) Union
- and -
The Crown in Right of Ontario
(Ministry of the Attorney General) Employer
BEFORE Deborah J. Leighton Arbitrator
FOR THE UNION Mae J. Nam
Ryder Wright Blair & Holmes LLP
Counsel
FOR THE EMPLOYER Braden MacLean
Treasury Board Secretariat
Legal Services Branch
Counsel
HEARING
SUBMISSIONS
September 18, 2018; July 13, 2022
July 18, 2022
- 2 -
Decision
[1] The grievance alleges the grievor was improperly screened-out and denied an
interview in respect of Job Competition ID#106416 for a permanent position as a
Trial Coordinator in Newmarket, posted March 31, 2017. The union seeks a rerun
of the competition as a remedy for the breach of the collective agreement.
[2] The parties referred this grievance to mediation/arbitration in accordance with
Article 22.16 of the collective agreement. The parties agreed that I have the
jurisdiction to deal with this matter and asked that I issue a decision without
precedential value, and without written reasons.
[3] Having heard the submissions of the parties, including the submissions of the
third-party incumbents, I must conclude that the screening process was flawed
and that the grievor was improperly screened out.
[4] Consequently, I hereby grant the grievance. The Employer is ordered to rerun
Job Competition ID#106416 in respect of the permanent Trial Coordinator position
in Newmarket. The competition is to be rerun with primary consideration given to
the candidates’ qualifications and abilities as of March 2017. The Employer is
ordered to post by September 1, 2022, and thereafter follow the timelines of Job
Competition ID#106416.
[5] I shall remain seized to assist the parties should any issues arise with the
implementation of this order.
Dated at Toronto, Ontario this 27th day of July 2022.
"Deborah J. Leighton”
Deborah J. Leighton, Arbitrator