HomeMy WebLinkAbout1989-0053.Weekes.92-01-21 ONTARIO EMPL OYES DE LA COURONNE
CROWN EMPLOYEES DE L'ONTA RtO
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53/89
IN THE HATTER OF ]tN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Weekes)
Grievor
.......... ~ ......... The-Crown in~ight-ofOntario
(Ministry of Correctional Services)
Employer
BEFORE: M. Gorsky Vice-Chairperson
J. McManus Member
M. O'Toole Member
FOR tHE C. 'Dassios
GRIEVOR Counsel
Gowling, Strathy & Henderson
Barristers & Solicitors
FOR THE J. Saunders
EMPLOYER Counsel
Hicks, Morley, Hamilton, Stewart, Storie
Barristers & Solicitors
HEARING January 12, 1992
ORDER
At the opening of the hearing with respect to this matter,
counsel for the parties filed with us Minutes of Settlement,
annexed hereto, and requested that the same be made'an order of the
Board. We so order.
Dated at Toronto, Ontario, this 3r~ day of 'February992.
M. Gorsky-Vice Chairperson~'
J. MeManus-Member
M. O'Toolo-Member
GSB File No. 0053/89
MEMORANDUM of SETTLEMENT
The Crown In Right of Ontario
Ministry of Correctional Services
(hereinafter the
Ministry)
- and -
Ontario Public Service Employees Union
(hereinafter the
Union)
- and -
............ Anthony-Weekes ~
{hereinafter the
grievor)
Whereas the Grievance Settlement Board chaired by
Mr. M. Gorsky issued an award dated July 5, 1991; and
Whereas the parties are desirous of obtaining a full
and final settlement to this mat%er;
The parties agree as follows:
1. The Ministry offers an interview to the grievor for the
position of a Rehabilitation Officer 2.
2. The Grievor declines to accept the offer made in Paragraph
number one.
3. The Ministry agrees to post in conspicuous places
(including all places where notices are usually posted)
at the Metro East Detention Centre and the Mimico
Correctional Centre the statement attached as
Appendix "A" on its letterhead. The posting shall
be left up, in good condition, for a minimum period
of 60 days.
4. The Ministry agrees to place a copy of the statement
attached as Appendix "A" in the Grievor's personnel
file on a permanent basis-effective January 23, 1992.
5. The ~inistry agrees t.o mail a copy of Appendix
by registered ma.il with a-confirmation of the posting
and the placement by January 24, 1992.
6. This Memorandum~of Settlement will be without prejudice
or precedent to the ongoing relationship between the
parties.
DATED at Toronto.this 21st day Of January, 1992.
"Anthony Weekes"
Anthony Weekes
"Chris Dassios" "Jim Morris"
for OPSEU for the Ministry of
Correctional Services
APPENDIX "A"
In December, 1988, Anthony Wee~es applied for the
position of ClassifiCation Officer at the Mimico Corrections
centre (JOb Competition No. CI~1059-88).
Although Mr. Weekes passed the initial screening and so
was put on a short list of 13 applicants for the position, he was
not given an interview for the position. This was the result of
a' "pre-screening" test imposed by the Ministry of Corrections
which eliminated Mr. Weekes and eight other applicants from the
competition. Only four of the 13 candidates were given a~
interview by the Ministry.
Mr. Weekes filed a grievance as a result o3' which a
panel~the Grievance Settlement Board heard four days of evidence
and reviewed written submissions and documents tendered in
· evidence by the Ministry and counsel for OPSEU and Mr. Weekes.
In a written .decision dated July 5, 1991, the Grievance
settiement Board found as follows:
"I~ the circumstances, we do not feel that
the Grievor was fairly assessed in accordance
with the requirements of Art. 4.03 by means
of the pre-screening written test used by
the Employer. That is, in the circumstances
of this case, the almost total reliance by
the Employer on the test score as the only
pre-screening mechanism, without seeking
other relevant readily available evidence
relating to the Grievor's job performance and
other related experience, amounted to a
failure on the part of the employer to carry
out its obligation to make its decision on
the basis of available relevant evidence
bearing upon the Grievor' s ability to
perform the required duties of the posted
position."
As a result of that finding, the G~icva~ue o~ttl~ment
· -Boa~-~r~red---the---Emptoyer~-to--c~ompI~t~L--~ts~ review~J~f~ the
Grievor's application on a proper basis and~ to insert this
statement in his personnel files and to post this statement in a
conspicuous place in the workplace.
DATED at Toronto this ,day of Janugry, 1992
GRIEVANCE SETTLEMENT BOARD