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HomeMy WebLinkAbout2007-2947.Trott et al.09-10-23 Decision Commission de Commission de Crown Employeess Grievance Settlement Grievance Settlement règlement des griefs règlement des griefs BoardBoard des employés de la des employés de la Couronne Couronne Suite 600 Suite 600 Bureau 600 Bureau 600 180 Dundas St. West 180 Dundas St. West 180, rue Dundas Ouest 180, rue Dundas Ouest Toronto, Ontario M5G 1Z8 Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8 Toronto (Ontario) M5G 1Z8 Tel. (416) 326-1388 Tel. (416) 326-1388 Tél. : (416) 326-1388 Tél. : (416) 326-1388 Fax (416) 326-1396 Fax (416) 326-1396 Téléc. : (416) 326-1396 Téléc. : (416) 326-1396 GSB#2007-2947, 2007-2948, 2007-2949, 2007-2950, 2007-2951, 2007-2952, 2007-2953 GSB#2007-2947, 2007-2948, 2007-2949, 2007-2950, 2007-2951, 2007-2952, 2007-2953 UNION#2006-0542-0018, 2006-0542-0019, 2006-0542-0020, 2006-0542-0021, 2006-0542-0022, UNION#2006-0542-0018, 2006-0542-0019, 2006-0542-0020, 2006-0542-0021, 2006-0542-0022, 2006-0542-0023, 2006-0542-0024 2006-0542-0023, 2006-0542-0024 IN THE MATTER OF AN ARBITRATION IN THE MATTER OF AN ARBITRATION UUnnddeerr THE CROWN EMPLOYEES COLLECTHE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT TIVE BARGAINING ACT BBeeffoorree THE GRIEVANCE SETTLEMENT BOARD THE GRIEVANCE SETTLEMENT BOARD BETWEENBETWEEN Ontario Public Service Employees Union èÏÔÎÏ (Trott et al) - and - The Crown in Right of Ontario (Ministry of Community and Social Services) Employer BEFOREReva Devins Vice-Chair FOR THE UNIONPeggy Smith, Peggy E. Smith Law Offices Barristers and Solicitors FOR THE EMPLOYERLisa Amin Ministry of Government Services Counsel HEARINGOctober 21, 2009. - 2 - Decision [1]The parties agreed that these matters would proceed as a mediation/arbitration under Article 22.16 of the collective agreement and that the decision will be without prejudice or precedent. [2]On July 31, 2006, the Employer posted vacancies for 31 permanent positions in the Family Responsibilities Office (FRO). All of the positions were Intake Workers rated at an OAG 8 classification. Several other positions were subsequently added to the competition. Three positions were filled by direct assignment; a job competition, which included a written test, was held to fill the remaining vacancies. The successful candidates commenced in their new positions on October 1, 2006. 1 [3]None of the grievors were successful and all grieved the outcome of the job competition. The grievances allege that the selection process was unfair, particularly, the marking of the written test. Upon subsequent review of the marks, the Employer agreed that some of the written tests were incorrectly marked and it rescored the tests, issuing a corrected score sheet to the Union. [4]After a full review of the grievors? amended scores and rankings, the Union and the Employer agreed that Melanie Da Silva, Ihsaan Khan, Brenda Leachay and Belinda Trott should have been awarded permanent positions. The Employer also indicated that it wanted to remedy the situation as soon as possible, subject only to immediate operational considerations. [5]Having heard the submissions of the parties, I Order that: 1. Melanie Da Silva, Ihsaan Khan, Brenda Leachay and Belinda Trott will all be awarded positions as Intake Worker with FRO, at the OAG 8 classification and will be compensated with full back pay to October 1, 2006; 1 Grievor Darina Liska did not actually compete for the position but nonetheless grieved what she alleged was the unfairness of the competition process. - 3 - 2. The Employer will place the grievors in these positions within 30 days. [6]The grievances of Sarah Ordonez, Darina Liska and Sandra Ferdinandusz are dismissed. [7]I will remain seized in the event that issues arise with respect to the implementation of this Award. rd Dated at Toronto this 23 day of October 2009. Reva Devins, Vice-Chair