HomeMy WebLinkAbout1982-0304.Guerreiro-Klinowski.83-02-22ONTAR,
CROWN EMPLOYEES
GRIEVANCE
SETTLEMENT
BOARD
IN THE MATTER OF AN ARSITX+TION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
Between:
%sfore:
For the Grievor:
For the Employer:
Hearings:
OPSEU (Helena Guerreiro-Xlinowski)
Grievor
- And -
The Crown in Right of Ontario
(Ministry of Citizenship and Culture)
Employer
M. Teplitsky, Q.C. Vice Chairman L. Robinson Member
D. B. Middleton Member
P. A. Sheppard
Grievance Officer
Ontario Public Service Employees Union
J. Diemer
Personnel Officer
Personnel Branch Ministry of Citizenship and Culture
Zanuary 7 and 20, 1983
- 2 -
At the conclusion of the hearing, the panel, after
.meeting,in executive session, orally announced its un-
animous award. Although I recognize that the practice
of the Grievance Settlement Board is to reserve its
decisions and to deliver written awards thereafter, any
practice must, in the interests of justice, admit of some
exceptions. In my opinion, if a panel is unanimous, if
no difficult issue of general principle arises in the
grievance and if delay would be harmful to the parties, there
is no reason to reserve decision. Rather,. there are good
reasons often for an immediate resolution. In this partic-
ular case, the panel was unanimous, no issue of general
principle arose which was,not already fully elaborated in
the jurisprudence of the Board and further delay would have
been harmful both to the incumbent who finds his present
position awkward and to the grievor.
I also must add that no useful purpose is served by
cloaking some of the simple grievances which come before
the Board with the pretense that reserving decision is
necessary to reach a proper conclusion. There is a value,
in my opinion, for the parties to observe and participate in
hearings from their commencement to their conclusion. The
immediacy of an oral award heightens the parties' under-
standing of the process in which they have engaged and their
understanding of what has motivated decision making.
The grievor applied for a posting for the position o
CD03. The incumbent and three others also applied. Interviews
i I =, ~
. :
. k
-3-
were held. Oral tests were administered. The grievor and
the incumbent were consid~ered the two superior candidates,
indeed, the only qualified candidates. The incumbent has
somewhat greater seniority.
Because the matter must be returned for a new com-
~petition, it is preferable that we not elaborate the facts
- in. detail. Suffice it to say, the grievor had considerable
experience as CD02 in performing most of the duties of a
CD03. Further, she had been acting CD03 for several months.
The incumbent's direct experience in the job function was.
limited to a short period as a student some years ago.
It is clear on the evidence that the selection board,
for all practical purposes,~ ignored the grievor's past
relevant experience--an experience which ordinarily would
weigh heavily in a selection. Accordingly, the selection
cannot stand.
Although we have jurisdiction in this case to make the
selection ourselves because there were only two qualified
candidates, in our opinion, it is preferable, particularly
given the fact that the incumbent has somewhat more seniority,
to refer the matter back for a new selection on certain terms.
The award we announced orally and have now reduced to writing
is as follows:
(1) the grievance is allowed;
(2) the selection of' the incumbent is set aside;
(3) a new selection shall be made between the incumbent and the grievor;
(4) a new selection board shall be constituted
for such purpose and no person who sat on the
first selection board shall sit on the new board;
- 4-
(5)
(6)
(7)
(8
the candidates and the selection board shall
be provided, in advance, with an adequate
job description setting forth requirements and
duties of the position;
the incumbent's experience as CD03 shall not /
be taken into account in making the selection:
the grievor's past experience as CD02 and
as acting CD03 shall be considered together
with all the other relevant experience of
both candidates and all other relevant matters:
the selection shall be expedited:
we will remain seized on the issue of cornpen--
sation pending a determination by the new
selection board.
DATED AT Toronto this
5: 2520 Vice Chairman
10: 0000
L. Robinson, Member
&i?s 2s-4244
D. B. Middleton