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HomeMy WebLinkAbout2004-0810.McQueen.06-12-19 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas Sl. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de reglement des griefs des employes de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tel. : (416) 326-1388 Telec. : (416) 326-1396 IN THE MATTER OF AN ARBITRATION Under Nj ~ Ontario GSB# 2004-0810 UNION# 2004-0234-0279 THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT BETWEEN BEFORE FOR THE UNION FOR THE EMPLOYER HEARING Before THE GRIEVANCE SETTLEMENT BOARD Ontario Public Service Employees Union (McQueen) - and - The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services) Barry Stephens Stephen Giles Grievance Officer Ontario Public Service Employees Union Rena Khan Staff Relations Officer Ministry of Community Safety and Correctional Services December 13, 2005. Union Employer Vice-Chair 2 Decision The parties agreed to an Expedited Mediation-Arbitration Protocol for the Vanier Correctional Complex. It is not necessary to reproduce the entire Protocol here. Suffice it to say that the parties have agreed to an expedited process wherein each party provides the vice-chair with written submissions, which include the facts and authorities the party intends to rely upon, one week prior to the hearing. At the hearing, oral evidence is not called, although the vice-chair is permitted to request further information or documentation. In addition, if it becomes apparent to the vice-chair that the issues involved in a particular case are of a complex or significant nature, the case may be taken out of the expedited process and processed through "regular" arbitration. Although individual grievors often wish to provide oral evidence at arbitration, the process adopted by the parties provides for a thorough canvassing of the facts prior to the hearing, and leads to a fair and efficient adjudication process. Arbitration decisions are issued in accordance with article 22.16 of the collective agreement and, therefore, are without precedent. The grievance relates to a job competition for the In-Service Use of Force Trainers positions. The grievor failed to achieve the 'benchmark' score of 12 on the application screening, and thus was not provided with the training opportunity. The grievor raised an issue about the portion of the screening related to "Cover Letter, Application, Resume" for which he received zero. He alleges he was not properly scored on this category and, therefore, was not properly considered for the training. The employer responds that the grievor's total score was 7, and that, even if he had scored perfect in the category of "Cover Letter, Application, Resume", he would not have made 12, which was the cut-off for consideration for training. 3 Decision After carefully reviewing the submissions of the parties, it is my conclusion that the grievance should be dismissed. Dated at Toronto, this 19th day of December, 2006.