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HomeMy WebLinkAbout1998-0096.Persaud.98-11-02 Decision ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO 1111 GRIEVANCE COMMISSION DE , SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST SUITE 600, TORONTO ON M5G 1Z8 TELEPHONE/TELEPHONE (416) 326-1388 180, RUE DUNDAS OUEST BUREAU 600, TORONTO (ON) M5G tZ8 FACSIMILE/TELECOPIE (416) 326-1396 GSB #0096/98 OPSEU 98B181 . IN THE MA ITER OF AN ARBITRA nON Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (Violet Persaud) Grievor - and - The Crown III Right of Ontano (Mimstry of Finance) Employer BEFORE Jane DevlIn Vice-ChaIr FOR THE Mary Anne Kuntz GRIEVOR Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE Bnan Loewen EMPLOYER Counsel Legal ServIces Branch Management Board Secretanat HEARING October 27, 1998 ~dnt oy Ut:VLlN&i::iALIIVlAN 410;;660879 10130/98 1 22PM Jab 181 Page 4/7 ( 1 This matter Involves a jOb competition for the position of Examiner/Review Officer at the Ontario Securities CommIssion which was conducted in late 1997 The relevant proVisIon of the collective agreement is Article 6 3 1 which provides as follows 6 3 1 In filing a vacancy, the Employer shall gIve primary consideration to qualifications and ability to perform the required duties Where quallficatrons and abilIty are relatively equal, seniority shall be the decIding factor There were 24 applicants for the position, including the Griever, whose seniority date is May 14, 1990 The Grievor was one of five applicants selected to attend an interview and the overall scores received by these applicants were as follows Cathy Jazokas 7930 Dimas Terron 7800 Ann Mankikar 71 80 Christine Czasch 6430 Violet Persaud 61 30 The successful applicants for the posItion were Ms Jazokas and Ms Mankikar, both of whom have greater seniority than the Grievor Ms Jazokas' ';, Sent by DEVLIN&SAL TMAN 4163660879 1 0 ( 30 I 98 12:3PM Job 181 Page 5/7 i I 2 sen;onty date being April 23, 1990 and Ms Ma k.k I . n I ar s seniority date being August 31, 1987 Although Mr Terron received a high ef score than Ms Mankikar, evidently the Employer had some concerns regarding his references and it was acknowledged that he had less seniority than either Ms Jazokas or Ms Mankikar No gnevance was filed by Mr Terron to contest the denial of the posItion Having reviewed the documentation related to the Job competition the Union submitted even If the Grlevor ought to have received a higher score than 61 30 such that It could be said that her qualifications and ability v..ere relatively equal to those of the successful applicants, Article 6 3 1 provides that senIority shall be the deciding factor There was no dispute that the Grievor has less seniority than Ms Jazokas or Ms Mankikar It was the submission of tile Employer that there were no flaws in the selection process but that even If there were these were not sufficient to have affected the outcome of the competition In the result, the Employer requested that the gnevance be disrmssed Decision Although the Grievor maintained that she possessed the requIsite .... qualifications and ability to perform the duties of the position of Examiner/RevIew - $ent by DEVLIN&SAL TlvlAN 4163660879 1 0/30/98 1 23PM Job 1 81 Page 617 , I 3 Officer, It IS not sufficient to consider only the abirt d '-. I yan qualmcat/ons of the Grievor Instead, Article 6 3 1 contemplates a com ff . pe IJon among Job applicants in whIch seniority governs h th . . . were e qualificatIons and ability of applicants are relatively equal In this case, the Grlevor's overall score of 61 30 was considerably lower than the scores of 79 30 and 71 80 achieved by Ms Jazokas and Ms Manklkar, respectively There was nothing to suggest that there was anything improper about the scores of these latter applicants Moreover even if the Union could demonstrate that the Grievor ought to have received a higher score such that It could be said that her qualifications and ability were relatlvely equal to those of the successful applicants, in such circumstances, Article 6 3 1 provides that seniority is the deciding factor On this basIs, therefore, Ms Jazokas and Ms Mankikar were entItled to the position Finally, although the Grievor requested an opportunity to retain Independent counsel on the basis that the Union had a "conflict of interest" as the successful applicants were also OPSEU members, the Grievor's request was denied The parties to thIS proceeding are the Employer and the Union and a grieving employee is not entitled to separate representation Moreover, the Umon advanced an interpretation of Article 6 3 1 which has consistently been adopted Sent by DEVLHl&SAL TMAN 4163660879 10/30/98 i 24PM Joo 181 Page 717 I 4 by this Board which Involves a comparison of the relative qualifications and ability of Job applicants, rather than measuring the qualifications and ability of a smgle applicant against the requirements of the job In the result, as no violation of the collective agreement has been established, the grievance of Ms Persaud is dismissed Dated at TORONTO, tlus 2nd day of November, 1998 1~ k ~ Vice-Chair