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HomeMy WebLinkAbout2005-0910.Premji et al.05-11-24 Decision Crown Employees Commission de Nj Grievance Settlement reglement des griefs Board des employes de la Couronne ~ Suite 600 Bureau 600 Ontario 180 Dundas Sl. West 180 rue Dundas Ouest Toronto Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Fax (416) 326-1396 Telec. (416) 326-1396 GSB# 2005-0910 2005-0911 2005-0917 2005-2360 UNION# 2005-0234-0134 2005-0234-0135 2005-0234-0141 2005-0234-0268 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontano PublIc ServIce Employees Umon (PremJI et al) Union - and - The Crown III RIght of Ontano (Mimstry ofCommumty Safety and CorrectIOnal ServIces) Employer BEFORE Manlyn Nairn Vice-Chair FOR THE UNION Scott Andrews Gnevance Officer Ontano PublIc ServIce Employees Umon FOR THE EMPLOYER Rena Khan Staff RelatIOns Officer Mimstry of Commumty Safety and CorrectIOnal ServIces HEARING November 21 2005 2 DeCISIon Through these gnevances, the umon, on behalf of four gnevors, IS challengmg the awardmg of SIX Nurse 2 posItIOns followmg the postmg of an open competItIOn on Apnl 13 2005 All of the gnevors and all of the successful candIdates were unclassIfied employees at Maplehurst CorrectIOnal Complex at the relevant tIme The umon seeks productIOn of the competItIOn file The employer IS prepared to provIde access to that file save and except for the names of the candIdates who partIcIpated m the competItIOn, on the basIs that a pnvac, mterest eXIsts m respect of candIdates IdentItIes, and, that the remammg mformatIOn should be sufficIent for the umon's purposes I am not persuaded that there IS a pnvac, mterest to be protected m a challenge to the awardmg of posItIOns m an open competItIOn. No authont, was cIted for such an mterest. There can be no expectatIOn of pnvac, m CIrcumstances where an employee applIes for a posted posItIOn and It IS clear that the postmg contemplates a competItIve process as between applIcants and that the awardmg of the posted posltIOn(s) IS subject to challenge through the gnevance and arbItratIOn process The purpose of the postmg process IS to ensure the open and transparent awardmg of posItIOns on the basIs of the relevant cntena. Even If! were to assume some pnvac, mterest, (whIch I do not) It IS not absolute The awardmg of the posItIOns has been challenged b, the filmg of the gnevances The test for productIOn of documents IS whether or not the matenalls arguabh relevant to the Issues m dIspute between the partIes At the ven least, the umon shares an oblIgatIOn to advIse successful applIcants that the awardmg of the posItIOn has been challenged and that theIr mterest mIght be affected. Where the umon IS challengmg the competItIve process, all mformatIOn relatmg to the competItIOn IS arguabh relevant. I therefore dIrect the employer to forthwIth produce the competItIOn file m ItS entlren to the umon. I wIll remam seIzed wIth respect to an, Issue ansmg out of the ImplementatIOn of thIS mtenm order Dated at Toronto thIS 24th da, of November 2005 ~ :- o;'! _ ar '