HomeMy WebLinkAbout1983-0047.Mongrain.84-04-17IN THE MATTER OF AN ARBITRATION
Under
BETWEEN:
THE CROWN EMPLOYEES COLLECTIVE BARGAINING AC1
Before
THE GRIEVANCE SETTLEMENT BOAR0
OPSEU (Gareth Mongrain)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of the Environment)
BEFORE:
FOR THE GRIEVOR:
FOR THE EMPLOYER:
HEARING:
M.R. Gorsky Vice Chairman
H.E. Weisbach Member
A.G. Stapleton Member
George Richards
Grievance Officer
Ontario Public Service Employees Union
R.L. Younger
Staff Relations Advisor
Minisfry of the Environment
C.E. McIntyre, Director
Environmental Approvals and Project
Engineering Branch-
Ministry of the Environment,
June 29, 1983 and
August 24, 1983
,:
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DECISION I
In accordance with the Memorandum of Settlement annexed
hereto, dated 11 January 1984, executed by the parties, it.is the
Decision of this Board:
(1) That no decision on the merits of the case
will be rendered.
(2) ~The withdrawal of the grievance is subject.to
the endorsement of the principles of settlement
expressed in paragraphs 1. 2 and 3 of the
Memorandum of Settlement.
DATED AT London, Ontario
this 17th day of April, 1984
M.R. Gorsky
Vice Chairman
A.G. Stapleton
Member
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~ .y. a : ;‘. : The Crown in Right of Ontario
. ..- .,!.. ,,: .~. ,.,: (Ministry of the Environment)
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‘Regarding the grievance of Gareth EIongrain
dated November 24th; 1982,’ GSB t47/83
: 1. The Union and the gricvor recognize that the employer
has a responsibility to determine qualifications for
a position that are, reasonable and relevant. ; Having
*. , - regard to the particular requirements of the position
( of Resource Manager .advertised as File No-EN-108/G as
., disclosed during the.instant grievance proceedings,
it is further recognized that it would have been quite
. reasonable to specify possession of a university degree
in engineering or applied science as a desirable .
qualification. .
(,
:... 2. The employer recognizes that possession of H university,
: degree may. not be essential to the encumbent of the
. - -. Resource Manager position .advertised.as file No.EN-108/G
and that there may be some persons with technical training
and experience s,imilar to that of the grievor~ who could
handle the job if there were no applicants with the
desired university qualifications.
: ’ ~. :‘. -:~-.3. The employer agrees to use bits best efforts: to ensure .i ~.. ( that future job postings specify.any.:speoial duties or
responsibilities, such as dealing with the waste disposal ‘. problems of the nuclear industry in.the case of the
position advertised as file No. EN-108/G, to ensure that potential candidates such as the- grievor will;better
understand \ihy higher academic qualifications are
specified as dcsirwbid.
4. The request for a decision on the merits’of.this:cise ..:
from the Grievnncc Scttlcmcnt Board i$ withdrawn;. but the
parties jointly request the Board to endorse,the principles
of settlcmcnt expressed bcrcin.
Dated at Toronto, this-//+&day:of J+&ry,.. 1984. -
For the ~U.nr%n\ For’mfEmDloyer
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