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HomeMy WebLinkAbout1985-0735.Alam.89-05-09 ..4'" .~ ."" ONTARIO CROWN EMPLOYEES EMPLOYES DE LA COURONNE DEL'ONTARIO 1111 GRIEVANCE SETTLEMENT BOARD COMMISSION DE REGLEMENT DES GRIEFS 180 DUNDAS ,STREET WEST, TORONTO, ONTARIO. M5G Ize. SUITE 2100 180, AUE DUNDAS OUEST, TORONTO, (ONTARIO! M5G 1ze - BUREAU 2100 TELEPHONE/TELEPHONE (416) 598-0688 735/85 IN THE !lATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: '-- OPSEU (Alam) Grievor - and - The Crown in Right of Ontario (Ministry of Community and Social Services) B.B. Fisher P. Klym R. Trakalo Employer Vice-Chairperson Member Member Before: APPEARING FOR THE GRIEVOR: I. Roland Counsel Gowling & Henderson Barristers & Solicitors APPEARING FOR THE' EMPLOYER: C. slater Senior Counsel Management Board of Cabinet HEARING: December 9, 1988 March 15, 1989 .. :... DECISION In 1985 Mrs. Alam grieved a job competition for the position of Intake Control Statistics Officer. The job was awarded to Ms. Gloria Sokoloski. As a result of that grievance an award was issued by a panel of the Grievance Settlement Board, differently composed, dated August 31, 1987. It found that the competition was flawed. It ordered a re-run of the competition and imposed conditions for the re-run. The proceedings bef~re this panel of the Board concerned allegations by the griever that the re-run competition was not properly conducted, and that it did not conform to the requirements of the earlier Award dated August 31, 1987. After a day and a half of evidence in which the grievor and the Chairperson of the competition panel that conducted the re-run testified, Mrs. Alam informed us, through her counsel, that she did not wish to proceed further with her grievance and that it was therefore withdrawn. Through her counsel, Mrs. Alam informed us that the reason for this withdrawal is based on the fact that she has now had an opportunity to review the re- run competition in light of the evidence (both in-chief and in cross-examination) of the Chairman of the interview panel. As a result of hearing all this evidence, Mrs. Alam recognized that although a few of the questions in the interview were inappropriate or poorly worded, and although some of the answers expected by the interview panel were questionable, taking into consideration the balance of the re-run competition and the approach taken by the interview panel, in light of the earlier award of the Board of Arbitration dated August 31, 1987, it could not be said that she was relatively equal to Gloria Sokoloski, the successful candidate. ".' :- ~ J= ~,.. .., ~. Dated at Toronto, this 9th day of alrperson u~ ~; P. J\jym, ""em~ f~~t~b- 1<.. 1 rakaIa, Member - 2 - May ~ 1989.