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HomeMy WebLinkAbout1988-0191.McCaig.89-01-27 ONTARIO EMPLOY[;"S DE LA COURONNE CROWN EMPL OYEES DEL'ONTARiO GRIEVANCE C,OMMISSION DE SETTLEMENT REGLEMENT BOARD - DES GRIEFS ~80 DUNDAS STREET WEST. TORONTO, ONTARIO. MSG ~Z8- SUITE 2100 TELEPHONE/TELePHONE 180, RUE DUNDAS OUEST, TORONTO, (ONTARIO) MSG lZS. BUREAU2100 (41~) 598.06~ O~ 91/88 IN THE ~TTER OF AN ARBITRATION under THE CROWN EWLOYEES COLLECTIVE B~INING ACT before THE GRIEVANCE SETTLEMENT BOARD Bergen: OPSEU (Iq. lqcCaig) Grievor and The Crown in Right of Ontario (Ministry of the Solicitor General) Emp I oyer' Before: B. Fisher Vice-Chairperson F.D. Collom Member M.F. O'Toole Member For the Grievor: N. Wilson Counsel Gowling & Henderson Barristers and Solicitors For the Employer: S.A. Currie staff Relations Officer mm~ Human Resources Secretariat ..... Hearing: August 26, 1988 DECISION This is a competition case. The job in question was that of a Building caretaker at the O.P.P. Detachment in Thessalon. The inc,_~mbent, Mr. Doi, was present throughout the proceeding and partidpated in tile proceedings. At the time of the competition the incumbent was working in the position in question, however as part of the unclassified staff and therefore he had no seniority.' The grievor's seniority with the governnaent was from June, 1974. The job specification for the position in question is attached as an appendix to decision. It can be seen from reviewing this job specification that the bulk of the this tasks are of a janitorial nature and therefore, stress manual skills. However, category 3 of the job specification shows that something less than 10% of the duties involve certain skills with respect to the ability to do emergency repairs, some electrical repairs and carpentry work. The incumbent had been performing the job for about 17 months prior to the competition asan unclassified employee. The grievor was employed with the Ministry of Transportation and Communications as a Senior Construction Surveyor Inspector. The grievor alleges the following two defects in the selection process. Failure to Look at the Personnel File It was admitted by the selection committee that they did not lo°k at the personnel file of the grievor notwithstanding numerous Grievance Settlement Board cases indicating that the selection committee is obliged to do so. The Union, however, did not bring any evidence fonvarfl as to what would be found in the grievor's pers0nne~ file if it had been re41ewed and therefore, it is difficult to assess what difference, if any, this defect made in the actual selection process. It should be pointed out that full references were taken from all the people put forward by b~th the grievor and the incumbent so the selection committee likely obtained the information that they would -2- have obtained by looking at the personnel file. However, it should be noted for the record that thi~ is a defect in the select/on procedure. Inappropriate Questions This really is the important aspect of this case. As stated above, the essence of this job involves manutals skills. The ability to communicate effectively plays a minimal role in the day to day duties of the position. The selection committee based their decision on the interview scores, the information ia the application form and the reference check. On its face, it would appear that the process was correct, however, the flaw alleged by the Un/on is the imappmpriateness of some of the questions. The inappropriate nature of the questions relates to the fact that the question asked how the candidate would carry out a manual operation and scored the candidate on his verbal response rather than on his actual proven ability to perform the task, therefore, over emphasizing the ability of the candidate to talk about rather than do the tasks. For example, question #2 is as follows, "Outline briefly the procedure you would follow to clean a washroom,n The correct answer lists a number of items that would be involved in denning a washroom and the candidate would receive one point for everything he mentioned. A question of this nature tends to examine either the candidate's memory or his ability to verbalize manual tasks rather than testing whether or not the candidate knows how to perform the task. One would have thought that if you want to find out how well someone can clean a washroom you set up a test in which the candidate is provided with a sample washroom, sample cleaning supplies, etc. and is told to dean it. Then an observation could be made of the technique that he follows as well as the effectiveness. It is one thing to say, nl would dean a toilet" on an interview, it is another thing to see how the candidate cleans a toilet to see if he does -3- a good job. The verbalization of mechanical tasks is not, in this Board's opinion, an appropriate way to assess a candidate's skill ami ability for a job of this nature. For example, it is a common practice, at least for the adult male members of ..... the population, to put on a necktie. For anyone who has done it for a long time it becomes mechanical, therefore, requiring very little thinking. However, if you asked someone how to put on a fie and made them verbali~,e' the procedure, I doubt whether most people could give an effective explanation of the procedure without moving their hands or giving a demonstration. If for some unusual reason someone could verbalize it, it would be inappropriate to say that person knew how to fie a fie whereas the person · Who had difficulty verbalizing did not know how to do up a fie. This can be best illustrated by looking at another question asked of the candidates which read as follows, "Describe how to change a florescent fight and dispose of the tube." The gtievor gave an answer which consisted of an explanation of how to take the old florescent light out ~' of the bulb, how to dispose of the bulb a~d a few other matters but he forgot to mention that you put the new lightbulb in place and for that "error" he obtained a poor. score. From this, the interviewers presumably assumed that ff asked to perform the task of changing the lightbulb the grievor would take out the old lightbulb, throw it out and forget to put in the new lightbulb. Needless to say, that is patently absurd as one finds it hard to imagine that anyone could forget to put in a lighthulb when that is the point of the job. Surely, the better way of testing of whether or not someone knoWs how to change a lightbulb is to hand them a lightbulb and tell them to do it and observe how he does it.. Again, when you are testing a manual skill involving dexterity and' ... similar skills, it makes more sense to observe the person rather than have them relate how they would do it. -4- To use a somewhat stretched example, if I were hiring someone to paint the roof of the Sistine Chapel, I would much prefer to see examples of that painter's previous work or give him a test square to paint than to ask him how he would apply his brush to the ceiling. This case ~ustrates, in the Board's opinion, the unfortunate slavish reliance on interviews and oral interview questions which this and other Ministries seem to have adopted as au alternative to more common sense and a practical approach of simply having the employee perform the task in question. This is not to say that every task capable of performance must be done in a demonstration' manner but certainly where it is reasonable to test in this manner and where failure to test a skill of. this nature through demonstration could result in great Prejudice to the candidate who - is not as adept at verbal communication, it is a defect for the selection panel to proceed in the manner that they did ia this competition. Another example of the absurdity of testing manual skills through oral questions can be found in question #8 which is as follows, "What would you do if a pipe burst?" The grievor answered that he would turn the water off, ~ the pipe and call outside help if necessary. He was criticized and rated accordingly because he forgot to say that he would mop up the water on the floor. Again, it is absurd to think that if someone was actually performing the job he would fix the pipe then step over six inches of water and leave it there. It may well be impractical to manually test a candidate'S ability to f~. a burst pipe but it would not be beyond the realm of comprehension to have the candidate manually illustrate his plumbing ability in some sort -- of demonstration. As has been stated in previous.cases it is not enough for the Union to show that there were procedural defects in the process for they must also show that assuming these defects did not exist, on the balance of probabilities the grievor is relatively equal or at least; would be found to be relatively equal ff a proper re-nm were ordered. The original interview scores were out of 115 in which the incumbent scored 109 and the grievor scored 88. Even ff we eliminate all the.possibly suspect questions, being #2, ~4, #8 and #10, we still find that the gfievor scored 64 and the ino~rnbent 74 creating a percentage differential of approximately 13.5%. Moreover, there appears to be an important difference in the quality of the references received by the selection committee on the two individuals. The references for Mr. Do/are exceptional and it is hard to imagine that anyone could get a better set of references than Mr. Doi had. The references, however, with respect to Mr. McCaig are not nearly as helpful. One must remember that these references were only _ . conducted w/th respect to names put forward by the candidates themselves. There are two comments in two references which comment negatively in some manner regarding the grievor's ability to work independently. Exhibit #21 contains the following comment, ,, Althou~. Mark hasn't worked directly under my su .p~v, f,~n I ~,. e discussed his wo.~ hal?.i~ arid . '..aflti~' ~. n his immediate mpqrvisors aha t.~. nave all indicatea #tat although Mark ign't a leader in hi~ present p~__ ' n, he ~. a good worker with a group and gets along well ~ with other fellow employees. Exhibit #22 contains the following statement, He [McCaig] works .~lli~gly but doesn't take the '.mt. '~.'ative to do beyorfd his duties. Th~ is contradictory bu~ if the job is something he re_.~, likes doing he wi. lC if it s something he d-oesn't ~ he takes a little longer to do it. ' There was uneontracted evidence from the employer that this job involved a lot of independent thinking there was no direct supervisor, the employee was responsible for setting his own schedules and determining the work to be done. It is preferably a job for someone who works very well independently and has a lot of initiative. The -6- negative comments referred to above in McCaig's references would seem to show that these were not his strong points. Therefore, thi~ Board finds that on the balance of probabilities, although there were defects in the selection process, the Union has failed to show that even if these defects were corrected, a new selection committee would find that the grievor was relatively equal to the incumbent. Therefore, the grievance is dismissed. Dated at Toronto, this 27th day of January, 1989. Chairperson lnttnactlonl for completing tQrm ADDENDUM Although I concur in the disposition of the grievance, I must dissent from the finding made by my colleagues regarding the inappropriateness''~ of interview question #2. That question was scrutinized according to the following general principle: that where ability to perform a manual task can be demonstrated and such a demonstration is not impractical in an interview context, it is preferable to require a candidate to demonstrate his ability rather thin to verbalize it, particularly where the candidates are not equally adept at verbal communicat- ion. (As an aside I point out that there was nothing in the evidence to indicate that the grievor was not as adept in verbal communication as 14r. Doll. I do not dispute the correctness of the above principle, only its application to question #2 which concerned the procedure for cleaning a washroom. Unlike tieing a necktie or .changing a lightbuIb, which are relatively~fast procedures, the thorough cleaning of a washroom is a relatively slow procedure. It is~ largely self-evident that it is not impractical in an interview context to have a demonstration of the tieing of a necktie or the changing of a lightbulb since these tasks require few resources and are of short duration. It is not self-evident that a much more involved task like cleaning a washroom is practical to demonstrate in an interview context, particularly as here, where there was no evidence as to the physical resources or the time available to the interview panel to conduct such a demonstration. Having regard to the foregoing, I would have refrained from a finding of inappropriateness respecting question #2. lq.F. O'Toole - Member