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HomeMy WebLinkAbout1987-2384.Dale.88-08-03. I I : cc ONTAR, fMPLO”ES OE LA COURONNE CROWNEMP‘OYEE.5 DE L’ONT/\R,O GRIEVANCE COMMISSION DE RkGLEMENT I W-&MEN1 DES GRIEFS Between: Before: For the Grievor: IN THE MATTER OF AN ARBITRATION Under THE CROW EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIE\rANCE SETTLEMENT BOARD OPSELr (G. Dale) Grievor and The Crown in Right of Ontaiio -(Ministry of Government Services) Employer R.J. Delisle Vice Chairman H.~O’Regan Member L. Turtle Member R. Nelson Counsel Cowling & Henderson * Barristers and Solicitors For the Employer: G. Polan Staff Relations Officer Human Resources Secretariat Hearing: Nay 25, 1988 I INTERIM DECISION' The grievor, Gary Dale, was an unsuccessful candidate for the posted position of Systems Project Leader in the Realty Group Systems.Section. There were 90 applicants for the position, the great majority of whom were non-governmental employees. Five of the applicants were granted interviews and two of those were selected as the successful candidates. The applicant was, not granted an interview and he complains that the selection process was accordingly flawed and Article 4 of the Collective Agreement breached. The Board was persuaded to follow the wisdom of Balics, 42/04 (Verity) and Borecki 256/82 (Swinton) that the Ministry has the onus of establishing' that the employer acted properly in denying the grievor,an interview. The grievor was one of nine ,people working in the Realty Group Systems Section when the Notice of Competition (Exhibit 2) was posted. The grievor's classification was that of Systems Officer, 3; the position sought was classified systems Officer 4. The grievor's supervisor was Ted. Jensen, the Manager of the Realty Group Systems Section. Mr. Jensen became the Manager of the Section in May, 1987. The competition had a closing date for applications of October 19, 1987 and the selection was done in November, 1987. Mr. Jensen is an experienced' manager who has been involved many times in job competitions. Mr. Jensen testified that he took all 90 applications home and worked on them over two week- ends. He noted that most of the applications had resumes attached but the grievor's application did not. He noted that 2 the information on the grievor's application form (Exhibit 4) was very minimal and assessing it against the others he found it lacking. In evaluating it against his Qualifying Guide (Exhibit 5) he found the grievor's application wanting ,in three of the six qualifying factors which had been set out in the Notice of Competition. Mr. Jensen accordingly decided not to grant an interview to the grievor. Mr. Jensen testified that it was his policy to treat all applicants equally, to judge applicants only on the basis of information provided, land believed it would be inappropriate to contact applicants to encourage or elicit more information. The grievor testified that he had been doing systems work for the government since October, 1984. He noted that when Mr. Jensen became Manager it appeared to him that Mr. Jensen didn't fully appreciate his qualifications Andy that he therefore provided him with a resume of his qualifications within a month of Mr. Jensen taking over. His evidence was that he had all the qualifications necessary to the job 'and that his resume (Exhibit 6) illustrated that. He explained .that he did not attach .a resume to his application because he thought it unnecessary since his supervisor, who wae conducting the competition, had the same and his supervksor knew his capabilities. In addition he noted that his resume was lodged in hi& home computer which was then dismantled and he couldn't then physically generate another. He testified that on November 16, 1987, Mr.~Jensen'asked about the missing resume, he explained the reasons for its absence but that .1 i” 3 Mr. Jensen wasn't satisfied and wouldn't look through the files to find it. These contacts with Mr. Jensen concerning the resume were not recalled by Mr. Jensen although he allowed they could have occurred. Our task at this stage is to answer simply the question of whether the Ministry, Mr. Jensen, acted properly in denying the grievor an interview. We find that the Ministry has not satisfied its onus of establishing that it did. We respect the general rule ,that there is an onus on the app'licant to 'be complete' in his application. We recognise that the grievor signed his application declaring that the information provided was "true and complete." But this is not a case where the applicant is applying to transfer from one Ministry to another Ministry as in Balics,.supra at p. 11, but an application made to the applicant's own supervisor in a fairly small section. The applicant had provided a resume just a few, months before and yet Mr. Jensen decided to screen his application, and determine whether he was to be granted an interview, solely on the basis of what was accurately described ,before us as a blank application form'. We can not say that Mr. Jensen acted reasonably in this matter. .* The parties appeared to agree on the proper remedy for this violation and we so order that new interviews be conducted of the two successful incumbents and of the grievor. Then panel who conducts the interviews will be a new panel, not to include Mr. Jensen, and the interviews are to be done before July 31, 1988. 4 The Board will remain seized of the matter should the parties disagree on the proper evaluation of the three applicants based on their interviews and on their qualifications. The parties are to notify the 'Registrar if another date is necessary. The successful incumbents are to be again notified of their right to participate in future hearings of the matter. Dated at Kingston this 3rd day of Atigust, 1988. H. O'Regan, Member L. Turtle, Member