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HomeMy WebLinkAbout2018-1472.Sarfi et al.20-02-13 Decision Crown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB#2018-1472; 2018-1473; 2018-1474; 1475 UNION# 2018-0228-0017; 2018-0228-0018; 2018-0228-0019; 2018-0228-0020 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Sarfi et al) Union - and - The Crown in Right of Ontario (Ministry of the Attorney General) Employer BEFORE Nimal Dissanayake Arbitrator FOR THE UNION Jesse Gutman Ontario Public Service Employees Union Grievance Officer FOR THE EMPLOYER Sean White Treasury Board Secretariat Legal Services Branch Counsel HEARING January 30, 2020 - 2 - Decision [1] Four grievances alleging a violation of article 6.3 of the collective agreement were scheduled to be heard by the Board Pursuant to article 22.16. When the Board convened on January 30, 2020 the parties informed that grievances 2018-1474 and 2018-1475 are withdrawn. That left the grievances of Ms. Sharlene Sarfi and Ms. Samantha Glave, who had applied for the position of Group Leader at the Brampton court house. They were interviewed but were not offered a position. [2] Following mediation, the parties executed a “Memorandum of Settlement” jointly requesting that the Board issue a “consent award” incorporating the agreed upon terms therein. This decision is issued in response to that request. [3] The evidence establishes that after interviews and scoring had been completed the employer exercised its discretion to lower the benchmark set for the competition. I find that the employer’s exercise of its management rights in the circumstances was not tainted by bad faith. [4] It is understandable that the grievors reasonably perceived that the conduct of this competition may not have been in accordance with the employer’s best practices. However, I find that no violation of the collective agreement has been established. [5] Accordingly, the grievances are hereby dismissed. Dated at Toronto, Ontario this 13th day of February, 2020. “Nimal Dissanayake” Nimal Dissanayake, Arbitrator