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HomeMy WebLinkAbout1981-0128.Siddiqi.81-11-02IN THE WTTER OF AN ARSITRATION Under The CRONN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: M. A. Siddiqi and The Crown in Right of Ontario Ministry of Correctional Services Grievor, Employer. Before: E. B. Jolliffe, Q.C. Vice-Chairman A. G. Stapleton Member I. J. Thomson Member For the Grievor: M. Mercer-De Santis, Grievance Officer Ontario Public Service Employees Unicn For the Employer-: J. Benedict, Manager, Staff Relations Ministry cf Correctional Services Hearings: June 19 and 22, ig81 DECISION The grievance of %r. N.A. Siddiqi, presented on August 27. 1980, was as follows: I grieve that I was *unfairly aid unjustly considered in a recent competition for a position of Purchasing Officer re: Cunpetition a-0019 (as attached),' in that a less able and qualified ad less senior employee was chosen over me for this position. LKr . Siddiqi stated the settlement required to 'be the following: * Roper reposting of the position and a fair and just competition held. In July, 1980, the grievor was a Purchasing Officer 2 with the Ministry af Government Services, a classification in which he had served for three years after being a "Supply Consolidation Analyst" with the same Ministry for three and one-half years. He holds a bachelor's degree in commerce from the Karachi University, gained in.1964, and has since taken courses in purchasing, management, communications, contracts and related subjects given by the iiegional ?olytecbnicai Instirute and the P.M.X.C. (Purchasing Management Association of Canada). Inthe July competition, the successful candidate, < -2- Mr. Zenithan Lewis, was employed as a Jurchasing Officer 1 with the Yinistry of Housing from December 31, 1976, before rhich he had been a Clerk 3 General for about one year with the Yinis:ry of Community and Social Sacvices. His secondary school xas the Islamia College and in 1973 he completed the second professional year in dental surgery at Liaquat Medical College, University of Sind. After coming to Canada, he obtained a certificate in purchasing from 'ayerson in i977. a certificate in business administration from the same institution in 1979. LMr . Lewis had been notified of the hearing to be held in this case. He attended in person and was given an opportunity.to participate. At the close of evidence on June 19 he made a statement on his own behalf. This case requires the interpretation and application of Article 4.3 in the collective agreement between Management Board of Cabinet and Ontario Public Service Employees UnLon, effective from January 1, 1980. It is as follows: . v 4.3 In filling a vacancy, the Employer shall give primary consideration to quuications and ability to psrfon the required duties. 'Nhere qualifications ard ability are, relatively equal, length of continuous service shall be a consideration. -3- !4r . Siddiqi has slightiy more seniority than :?r. Lewis, having been first appointed on September 13, 1973: Nr. Lewis was appointed tight days later, on September 21, 1373. In opening the case, the griever's representative said that, apart from having greater seniority, the grievor was 'manifestly superior to the success%1 candidate in that he had the experience and other qua lifications of a ?urchasing Officer 2, while .Mr. Lewis was a Purchasing Officer 1, with somewhat limited experience. At the very least, she said, the grievor's quali- fications and ability must be considered "relatively equal" to those of !4r. Lewis. In respect of the competition held in July, 1980, it is convenient to summarize the testimony of the five witnesses who participated. .The grievor said that while an Analyst between 1973 and 1977 he worked on what are called "standing agreements," particularly in relation to fine papers, tapes, uniforms, furniture and furnishings, plastic bags, etc. A standing agreement would be established after going through a bidding process as between suppliers and the Government for the our>oses of achieving economies of scale and simplifying purchases. Cser Xinistries were contacted for their needs, tender doc.Lments were -4 - then prepared with specr,, 'F'cations and circulared to vendors. After evaluation of the resulting bids a standing agreement would be prepared and distributed to all Ministries. Tk e grievor was responsible for printing and distribution as %ell as analysis.. In respect of some products, all purchases were made by the Ministry of Government Services. !4any others, however, were bought by the Mi.nistry concerned. It was also part of the analyst's work to monitor the use of standing agree- ments and to consider reports by vendors. The duration of these agreements was 12 months; sometimes experience led to price reductions. The grievor also did performance evaluation. While an Analyst, Mr. Siddiqi was "closely supervised," but in 1977 he won a competition land became' a ?.0.2. Thereafter he had much more responsibility. He bought office equipment and supplies for the Ministry of Government Services and also other Ministries, particularly purchases for capital projects. A reorganization early in 1980 placed furniture, equipment and furnishings within the scope of his work. The grievor was in . . _ charge of many specific orders. For any purchase valued at more than Sl.000 but less than S5,OOO. written quotations frcm at least five suppliers were required. If over S5,OOO. it vas necessary to arrange a public tendering process, and more than five tenders ilere needed. The grievor had authori:y to sign for orders in value up to S2,OOO and -without supervision sould i -j- write a tender form to be used by the bidders. if the Purchase ;iould cost more than $2,000, he had to get the approval of superiors. It was also his duty to.check on deLivery dates and condition of the goods supplied. if he received a com- plaint about the result, he would collect the details, get the supplier's side of the story and complete an investigation. The grievor said he had good relations with both vendors and users. He would see salesmen almost daily. iie had to work on about 360 requisitions each month, prepare about i5 tenders and handle approximately 200 purchase orders. TSere is a ?olicy Manual governing purchases, but policies nay vary a:mong diff erent Ministries. He has become very familiar 'with most of the Manual. According to the griever, his principal reason for seeking a lateral transfer from one P.0.2 position to another P-O.2 position was. that he wished to work at a location closer to his residence. The competition interview with him had lasted about 45 minutes. He had no previous knowledge of the three members of the Selection Board and had no complaint about any of them. He conceded he had never had anything to do with the purchase of food, but knew the procedure which ,;ould have to be followed. He asserted that during the grievance Prccedure the Ministry of Correctional Services had not put in an appearance: c -6- i it was his understacding that the two Ministries had "squabbledL' about responsibility in the matter. Referring to his record, the griever said he had never been disciplined, had been recommended for merit increases and had been given good appraisals. In cross-examination the grievor said he saw the position specification for the job at Correctional Services just before the interview and conceded he had not done mucS preparation. Pe explained that he wanted to broaden his expel- ience by serving in a-different Minis+- b-y as well as working at a more convenient location, nearer to his home. Ae had entered other competitions for P.0.2 and P-O.3 positions at Labouz an,d also Community and Socials Services. The second witness called by the representative of the . grievor was Ms. June Shoup of the Central Purchasing Branch,at the Ministry of Government Services. Classified .4,ti1, she was responsible for the work of the grievor and five others.- TSe reorganization of February, 1980, brought office equipment and furniture and furnishings within their jurisdiction. She gave the grievor "all kinds of assignments" in connection with the needs of all xinistries, Boards and Commissions. In his case, she said, "a training period was not necessary" because as a < -7- I P.0.2 he was "qualified to handle any commodity." Si‘.e sai< then grievor required very little supervision and was a very good worker. No problems arose: he could carry out any assignment with no difficulty. His vacation in 1380 had been cancelied because of a staff shortage. ?eferring to the difference between a P.O.1 and a P.O.2, she said that~the former is net a complex job and is supervised very closely; it could be regarded as a training position. Cn the other hand, a'?.O.Z may be given any assignment; if he is qualified, no guidance is needed. She confirmed that the Ministry does get requisitions from the tiinistry of Correctional Services. According to Ms. Shoup the grievor was a very cooperative worker, she had had no problems with him and no negative "feed- backs" from suppliers or *users. in her. own experience she head been zmember of selection boards. After 13 and one-half years in purchasing she found the result in this case "very difficult to understand,*' and was "surprised" that a P-O.1 had been the successful candidate. She said she had not been consulted at all. MS. Shoup testified that ;rhen an institution is established all qurcSases are made by the Xinist:y of Government Services : afterwards they may give orders on their own. She explained that the Ministry concerned may either do their own purchasing or may order through the Ministry of Government Services -a- In respect of food purchases, Ms. Shoup said she had no experience, but understood it was done by relying on standing agreements. in her opinion a ?.O.l would need at least a year's training: but a P.0.2 was fully quaiified and needed no training. All three members of the selection board were called as witnesses by the employer's representative. MS . Louise BcCabe has been a personnel administrator with Correctional Services for the past three years, in charge of staffing at the main office in Toronto. yanagers contact her regarding vacancik and she arranges for postings and pre- pares for competitions. Exhibit 11 is the report on the compe- tition held in July, 1980,for the P.0.2 position at the main office. It recommended the appointment of Yr. Lewis and Xs. inez Savage as the alternate choice. Mr. Lewis was given a composite of B plus, Xs. Savage B and Mr. Siddiqi 3 minus. As appears on its fac'e, the report prepared by tis. McCabe (who was chairman)contained an error; she originally.gave Hr. Siddiqi a composite overall rating of C; when this was pointed out, she ammended it to be a B minus. Exactly when this correction occurred is not clear. The rating charts, Cxhibits 12, 11 and i5, scored candidates under five headings: (i) "Pxperience (vhich *%ould -9- be of value in the positionl", (2) "?now;edge (i.e. of tne department, position, aims and policies, etcl," (31 "?ersonal Cevelcpment (i.e. extra courses taken, books read, level of formal education, etc);" (4) Supervisory Ability and/or General Suitability for the Position," (5) "Communicative Skills:" finally, "Overall Ratings." These were to be marked A for excellent, B for good, C for fair. and 3 for unacceptable, with a note that "ratings may be shaded with plus or minus except lor D. I' MS . McCabe gave Mr. Siddiqi 3 in categories (1) (21 and . (31, a C plus in category (4), C in category (S) and (after correction) an overall rating of 3 minus. She gave Ms. Savage a B in all categories. She also gave Mr. Lewis a 3 in all categories. Ms. McCabe said that the Roard did not have any files on the candidates and that it was not "policy" to do so, a statement she did not explain. Appraisals were unavailable. According to Ms. XcCabe each candidate was asked questions regarding knowledge and experience and "each ,was asked the same questions," --- an assertion irreconcilable with that '.. of another member of the 3oard, Mr. Groves. After the aeLection Roard had decided its recommendation she did a reference check, Exhibit 13, in respect of Nr. LerJis. The reply from the Xinistry of %using was favourable, and the >ob was then offered ,: - 10 - to him. x.5. McCabe said she had taken part in more than 50 competitions. She had not read the class standards for a P.O.2 but she did read the job specification and the applications which came in. She usually reads decisions on the subject of competitions. She was not aware that the Yinistry of Government Services did some of the purchasing for Correctional Services and did not know vhat is involved in the tendering system. She also said that the policy of her Ministry is learned by training. There wasa directive and a manual relating to~competitions and she felt that the competition had complied with that directive. In reply to a guestion from the Joard she said that she knows now what standing agreements are but did 2ot know about it at'. the time of the competition.- !&. Robert C. Groves has .been Chief Purchasing Officer with the Ministry for seven or eight years. Now in his 25th year of service, he had considerable previous experience as a P.O.1 and a P.O.2 His office is responsible for purchasing a variety of items required by the %inistry's institutions. 3e enforces po.Sicy and supervises a staff of 13, of whom two are ranked D.O.2 and two are 1.0.3. Mr. Groves checks requisitions and decides Mether - .ll - to call for 'written tenders or obtain tenders by telephone; he decides on the specifications issued to suppliers, sees the tenders received and determines the result. If the lowest tender is not accepted, he must give reasons "for audit purposes." He has occasionally served on the commodity committee dealing with Government Services. His Ministry has many contacts At:! suppliers, both at its offices and elsewhere. Since there are 48 institutions in different places, there is a great deal of food purchased locally. Cuestioned about the relationshi? of his Ministry with the Ministry of Government Services, he said the latter draws up standing agreements and takes responsibility - for construction contracts as well as janitorial services. Certain special products are purchased by other Ministries --- vehicles by the Ministry of Transportation and Communications, drugs by the hinistry of Health, furniture by the Ministry of Government Services. According to him, standing agreements are not mandatory, but if he agrees with the form of a standing agreement he is bound to follow it. In Mr. Gro vei ' opinion, the requirements of a P.O.2 vary from one position to another because of the different products they are.called on to purchase. He said he did not really know what the diffe rence was betue& a ?.0.2 in his Ministry and one in the hinistry of Government Services. Se did not tnink :Sat his ;Yinistry'purchased inore than two percent *., - 12 - of its supplies (in dollar vaiue) through the :linistry of Government Services. Peferring to his rating chart, Xi. Groves said he had scored Iyr. Lewis B in all categories but gave him an over- all rating of 3 plus "because' he purchases many items which we also purchase." Xe was influenced by the communication skills displayed by Fir. Lewis and thought they'were superior to those of Mr. Siddiqi: "those were my two reasons." As for the questions asked,he said they were not alf the same. Among them-was one about the candidate's reason for seeking the job. Candidates were also asked what they had been doing in their present jobs. However, he said, these questions were not put to all candidates; the questions were a "smattering." He did 'not think there was any need to ask &Fir. Siddiqi about standing agreements or standing offers because at the +iinistry of Government Services he would naturally know all about it. Xe agreed that a P.0.2 is not a Trainee; it is a wor.king position. he recalled .Mr. Siddiqi as a very quiet person: his presentation was not quite as good as Nrl Groves thought it should be but perhaps he had been nervous. ,Mr . Lewis spoke much better. If 1-1 e made us understand what he was saying." The witness had read the applicaiions before the interviews and assessed the candi- dates generally as being a very good group. He had been in six 1 - 13 - cr seven previous competitions. In cross-examination :4r. Groves agreed that a ?.C.l is reaily in a training position, but that one would expect a P.0.2 to be fully trained. He said that the Manual of Supply comes from the Yanagement Joard of the Cabinet, but his Ministry also had a manual. So far as competitions were con- cerned, Mr.. Groves said he had not received any guideiines. :ie had marked his chart as the competi:ion proceeded, but gave Xr. Lewis a 'B plus overall a fter interviewing all the candidates. * He said' that Ys. Savage's 3 ~1;s on his chart was also an after- thought. He gave Mr. Siddiqi 3 in all categories. He gave Cr. Lewis a E in five categories but increased his overall rating to 3 plus. He gave Ms. Savage 3 in four categories and C in the second category, but as above mentioned increased her overall rating to B plus. The third member of the Board was !4r. George Sidey. A veteran of 34 years in the civil service, he has been the senior purchasing officer at the Ontario Science Centre for the past 14 years, with a staff of nine, including one 5.0.1. I3 i3 i 3 opinion the requirements of P.0 2 positions varied Twidely; they iiere "all different." !ie thought the selection board was looking for a buyer who did not need training. Zis ques:ions had related to "reasons for applying" and other matters. C?. -14- ’ his chart, Exhibit lS, he assessed each candidate, category 31 category, and filled in his overall ratings at the end. The Poard interviewed all 13 candidates in one day. In asking his questions he was looking for "practical knowiedge" and conmun- ication skills. He said that he had read all the applications, that the candidates were a "good group,,' that he had been a sember of two other selection boards and that on this occasion he had been asked by Mr. Groves to participate. Hr. Sidey said he found Mr. Siddiqi difficult to understand and therefore gave him a C rating for communication skills: however, he-also rated the grievor C for knowledge and C for supervisory ability and general suitability for the position. In cross-examination, Mr. Sidey conceded that there are substantial di.fferences between requirements for a P.O.l and a P.O.2, although there were certain techniques in common. He did not receive copies of arbitration decisions and was not _ aware of any guidelines. He had not asked the grievor whether he made any purchases for Correctional Services. In re-examination Mr. Sidey emphasized that all ?.0.2's must possess the same skills but he thought that some of those at the Yinistry of Government Services are "s ecialisZs." P se ?, - 1S - understood that Yr. Lewis had exper' lence with a ,,dide .,ar:ety of purchases Xhile serving at: the Yinistry of iiousing and had been a staff member on :he Tender Ailarcs Committee. .?s appears from Exhibit 15, Mr. Sidey's ratings are quite different from those given by the other two members of the Joard. He .gave Xr. Lewis B olus in tSe second category, 3 in the first and third category, a C in the fourth category, 9 in the fi fth and 3 plus overall. He gave Hs. Savage 3 in categories (1) (2) (3) and (51, a C in the fourth category + (sugervisory ability, etc.) and a B overall. tie gave ?!!. Siddiqi a B for experience, a C for knowledge, a 3 for per- sonal development, a C for supervisory ability, etc., and a C for communications skills. His overall rating of Xr. Siddiqi was C plus. On his own behalf, the successful candidate, Nr. . Lewis,made a brief statement to the 3oard. He referred to a wide variety of experience in making purchases for the ginistry of Housing in three and one-half years and the fact that he had served as a staff member on the Tender Awards Committee. It was due to his experience that he had competed fcr a ?.0.2 position at Correctional Services, believing he was qualified. ,Yr . Lewis, it tias apparent, does have communication skills and a pleasing personality. - 16 - In her argument the grievor's reoresentati,/e relied heavily on the testimony given by ."Is. Shoup, '*hich establisbe4, she said, that !Q. Lewis was a "speculative" choice _' keing onl:J a 2.0.1 with limited experience, while Xr. Siddiqi was a graven success as a P.O.2 for three years. She submitted that the. selection board had failed to give primary consideration to the qualifications of the candidate as required by Article 4.3 of the agreement. She.;aid the .mrocedure used by the selection board was defective, and had led to an invalid result. She referred to previous decisions by this Board such as Remark 14-S/17, Hoffman 22/79. She said ns. HcCabe could not - remember what had been asked of the candidates and had no list of the questions. She was not familiar with the standards for the job and real&y did not'k.now much about the policy in respect of competitions. Lr2.5 . Nercer-BSantis disputed the theory that it is the responsibility of the candidate to selL himself to a selection board; the real responsibility is that of the selectors. It. was significant, she argued,that the grievor had been rated equally with ti. Lewis for "experience," uhen in fact their experience was entirely different, one having been a ?.O.Z for three years and the other having been a ?.O.l for a little longer. b!s . Mercer-De Santis suggested that the references made - 17 - by other witnesses to Mr. Siddiqi's communicative abilities showed some prejudice against his accent: the comments bad Seen discriminatory. Xr. Groves had also rated the txo men as equal in experience, which was absurd. It would have been useful for the selection board to possess previous appraisals of the candidates, but they had none. The third member of the board, Nr . Sidey, thought that the grievor lacked knowledge, and had rated him C. This was incredible in the light of his suc:ess as a i7.0.2. Inierviewing 13 candidates in one day was a rushed competition, according to hs. Mercer-Ce Santis. As for the remedy, she submitted that (notwitSs:anding the griever's request in his grievance for another competition) he was so clearly superior to the successful candidate that he should be: awarded the position at once. She complained that the employer, in this case the Ministry of Correctional Services, had refused to meet with the griever and the union during the grievance procedure, so that proper processing .of the matter had been blocked'by a'jurisdictional dispute. . . For ~the employer W. 3enedict argued that xhat had to be:considered here was one job in particular --- not just that of any P-0.2. 4(r. Senedict cited Doherty 43175 as au:h- ority for distinguishing between quality and ability, tnese being tiio distinct capacities. In that case ?rofessor Zeatty - la - had discussed the term "primary con.sideratiDn," wh:ch must be related to the actual duties of the position and not considered in the abstract. Mr. Benedict pointed out that according to !4r. Sidey, a manager with great experience, not all P.0.2 jobs are the same or similar. Thus tSe class standard was irrelevant ar.d meaningless. The rating forms, he said, had been completed inde- . pendently. The Soard had known that there were tvo c.ompaiisons to be made, one between the relative qualifications of the candidates and the other being the candidate's qualifications in relation to the job requirements. ,Mr. Groves had given a : B plus overall to Mr. Lewis in comparison to other candidates because of his experience in handling a greater variety of purchases and because he had better communicative skills. The important thing was that the selection board was utianimous. The difference between a rating of 3 and a rating of B minus was conclusive. It was clear that Nr. Siddiqi had placed third. YS . Savage, a P.O.l, aiso from the Hinistry of Zousing,uas clearly second. The grievor and Fir. Lewis were relatively equal in te.spect of educational background, but according to Yr. Benedict - 19 - the grievor's experience was rather li;;lited and largel:z theoretical. it 'was only in recent months that he had any experience in dealing with office furniture. in intar-personal skills, including tact and communication, Xr. Lewis was judged better. Mr. Groves was in an excellent position to assess the candidates because of his experience and his work as chief of purchasing in the Hinistry. No doubt .Yr. Siddiqi WOUid be ',*ery .good in his present job, but it does not follow that he r&ould be ,-ood in "this particular job" at the Yinistry of' Correctional Services. No one had thought ;X.r. Siddiqi to ‘be a .*eak candidate. it was just that he was not as strong as Xr. Lewis. ?erhaps - the griever had the disadvantage of being a specialist at the Hinistry of Government Services. ,Hr. Benedict denied that t:he two candidates were "relatively equal" and submitted that the selection board's conclusion was reasonable and correct. Even if the difference between the two was not very great in the context of the job,, it was "a significant difference." The methods used may not have been perfect, but members of the selection board were well qua3ified to exercise a judgment, which they had done. The alleged obligation to read files and appraisals on all candidates was simply not feasible. if any were to be read, they should all be read. Ur. Senedict said there are marked differences in the style of both appraisals and personnel racords. The selection board was justified in relying heavily on the interviews conducted with the candidates and on ‘i - 20 - the applications submitted. The candidates had been svsteaati- tally assessed, each was granted an interview, theiz.a;plica:ions were read, the questions were job-related azd board members knew as a result of prior discussion vhat tiiey should ascertain. Noreover there was a further discussion after the interviews. Yost cases, Mr. Benedict pointed out, involved a candidate who placed second; in this case the grievor had placed third. r\s indic'ated in Doherty, the onus was not on t:?e Ministry to justify its choice. There was a heavy onxs on the grievor to prove his superiority. As for the proposed remedy, ,Yr. Benedict said that - XT the aoard finds the two candidates to be "relatively equal," a new competition should be held. To appoint the grievor now would compound the errors of management. X new competition should not be directed unless a serious injustice. had occurred. In reply Ms. Nercer-Ce Santis said tSat in the ahertv case the language was different from the language in this case. If the necessary procedures are known, there would be no difficulty for a P.0.2 in,applying them to the purchases of different commodities such as the food or desks in which t?e xinistry seemed to be interested. In her view the authority to give orders up to $2,000 in value was inaortant 'because it ‘i - 21 - indicated the degree of responsibility vested in a 2.0.2. In this case the Board finds it necessary to analyse the ratings given to the 13 candidates in the competition of July, 1980, with special reference to the ratings given for experience and knowledge. The candidate's knowledge may be a matter of opinion on the part of a selection board, but experience appears clearly on the record and could be objectively rated by any selection board. On the next page appears a table showing the scores received by the 13 candidates in respect of experience, knowledge and the overall average resulting from t'he ratings in the five c&egories used. It is obvious from the table that the scores given far "experience" were strange, to say the least. .rir. Siddiqi, ,'tr. Lewis and Ms. Savage received a B for "experience" from all three members of the board. Even more curious, the same score of a 'was given‘to candidate Tobin, who had teen a P.O.1 for only one year. The actual experience of these four candidates *was far from being equal. Candidate Rossetto, seven years a P.O.l, also received 3 for experience from all tSree members 'of the board. On the other hand, two other candidates classified P.0.2, one for seven years and another for four, recei.Jed considerably lower scores for "exprience." To sum up, all this *was no? objective scoring. it isems to have been based on Generai im- pressions rat-er than :.ie facts. - 22 - RATINGS (Exhibits It, I.4 ad 13) Fx. = Sxprierre ‘El. = ?nowle?ge Robinson Korn Tobin Taylor Rossetto Young Siddiqi Adam Spence Ashton Lewis King 3- c+ a- a-c c a J+B c c c B C 3- cc B- c-b a a a- ,8-c c c c c-’ c c c B B 3 c c c c c, c a a 3+ c c 'C a c a c 3 a, a a 3 c c c c a c c a c a a a+ 3-b ci a c c cc 3 A' ai a c c+ 3 c ;1* c c c+ 3 c c+ c c ,c D 3 c 3 c c a a+ a+ c c c - - - B DC Savage a B B a c a+ 3 3 3+ IJe cannot accept the novel argcaeat that class s+an- dards are "irrelevant and meaningless." Comparing the class standards for a P.O.l and a P.O.2 in Exhibit 4, it tecomes clear there is a real difference in responsi'bility and the skills required. A.5 all witnesses agreed, ic is a "5Gtstantial ?Ol 20 mths 501 21 mths PO1 1 year Cl5 Gen 1 yr PO1 7 years PO1 6 mEhs PO2 3 years PO2 7 years Cl5 Gen 3 yrs PO2 4 years PO1 3+ years Cl3 Gen,Xcting PO2 2 mths PO1 3 years ,McCabe Ex., Kn. 0. 0. = *erall G:oves a. :Yn.o.. SidPY Ex. :a.c. - 23 -. difference. '1 In fact, they described the P.0.i Le'vel as that of a "trainee." It thus becomes rather quixotic to pretend that one yea: as a ?.O.l is equal to three years as a P.0.2. In short, the scores given to candidates for "experience" cast doubt on the judgment of the selection board when it came to other matters such as knowledge of the work, personal develop- ment and supervisory ability. Xe are not‘persuaded that Mr. Siddiqi had tecome a "specialist" at the Ministry of Government Services to the point where he would te unqualified to serve at the same level in the Xinistry of Correctional Services. Cddly enough, it was argued that Mr. Lewis had the advantage of experience in purchasing a wide variety of products at the ?linistry of iiousing, uhile at the same time it was argued that Vr. Siddiqi was too much of a specialist when he engaged in purchasing products on behalf of all Ninistries, including Correctional Services. In that connection, the logic of the explanations given by Hr. Groves and .Hs. Sidey is somewhat mystifying. There are other anomalies which tend to support the assertion of the grievor's representative that the competition was carried out in a rush. For example, Yr. Sidey wrote a comment on his rating chart that Yr. Lewis was Mexcellent" for "knowledge, I' but gave him a score of S plus. On t.he key to the .llS for 3 scoring chart it is clearly stated that excellence ca of A, not 3 plus. The seiection board appears to have attached great importance to communicative skills. No doubt they are important. but it seems likely that experiences at a responsible level and knowledgecf purchasing procedures and policies are even more important. Sprinkled throughout one of the rating charts are remarks such as "very personable young lady," this being a ' comment on "communicative skills." Others were "good --- very pleasant, would fit in well;" "good, very personable young man:" “very pleasant young lady." Such comments and several state- ments made by seiection board members in their testimony suggest that they may have been unduly influenced by pleasing personal- ities. This, after ally, was not a personality Contest, and the primary consideration was supposed to be "qualifications and ability to perform the required duties." Selection board members showed no.knouledge of and little interest in what jlere referred to as "guideliAnes" in respect of competitions. They failed to persuade this Boa:d that they were conscious of principles Which have ‘been recoqni red by the Civil Service Commission, by Article 4 .3 in the collective ~. - 25 - agreement and% decisions of this 3oard. Ror example, It has repeatedly been emghasized tSat Lt LS not sufficient for a selection board to rely exclusively on interviews and written applications. In this case it is clear there was nothing else to assist in saking a choice. The following comment at page 24 of Zllsworth 361/80, a unanimous decision of this 3oard. is applicable here: A better approach muld have been to prepare a file on eat!! candidate, includirq t!he application and attached histo=!,, all available parformance appraisals and letters of reference, if any, ad to stu* the file carefully b&ore each interview. The "track record" of a candidate, qocd, bad or i-different, may well. be more significant then tie impression made by the can&date at a brie interview. Relevant comments were made in an earlier case, Remark 149~177 --- also a unanimous decision --- at pages 12 and 13: Wile Wr. Qainn tried to be fair ‘by drawing up questions in advance to pose to all applicants. the nature of kis cpestions leaves something to be desired. l'bey are largely directed to personal suitability, acd 5qeWsory s&.Us., leaving untested the car&date's knowledge of assessment information . . . . . guesticffi are only helpkl and fdrr if +-hey refiect the regukemats of Ce job and test the applicant's suitability therefor- . . . . . tie 3oard was concerned by the attention to &-son& suitability factors in Kr. Remark's case that %ere not relevant to his ability to fill the job solr;ht . . . . . - 25 - testified were extremely hazy and somewhat u.nccmmunLcative about the questions actually put to candidates. So kitten list could be produced. The question about which they .dere most explicit related to Mr.. Siddiqi's reason for seeking the job at Correctional Services. he was frank in stating that Se would like to work at a location nearer to his home. The question, however, was irrelevant. it had nothing to do with his "qualifications and ability to perform the required duties," yet Mr. Sidey said: "hy questions related to his reasons for applying for the job, etc." The interim decision in Quinn 9/73 --- also unanimous --- contains pertinent findings on a defective selection pro- cess e After reviewing the facts of the case, ?rofessor P~richard said at page 11: The first defect in the selection process was that only one of the three interviewers red the personnel files of the candidates. In this case of course, we have been told that no one had read any personnel file relating to any -andidate.. i The selection board relied exclusively on written applications and the interviews. The next finding was as follows: i ‘I: - 27 - ??-e seccnd defect m tSe process was tFar ae inter.Cetier did not ask the suprvisors of the candidates to provide evaluaticns of the candidates' isrk performance. The same defect is found here. T!?e Quinn decision had been in circulation since December, 1979, and Ns. YcCabe testified that she usualiy read decisions on the subject of comoetitions. However, the only query about a candidate's performance was addressed to the .Cnistry of Sousi.ng --- after the selection board had chosen Mr. Lewis. The selec'ion e board could easily have obtained MS. Shoup's-evaluation of ' the grievor; her office is also in Toronto. The same applies to the supervisors of other candidates. As a third defect, the 3oard found in Quinn that there had been "no systematic information" gathered as to the relative abilities of the candidates to perfo:m important duties of the position for which they were competing, "whether from supervisors or from written evaluations." The same can be said in this case.. In place of "systematic information" we find that the selection board proceeded on general impressions gained fr om 13 interviews in one lay. zlis is simply not good enough. TVO further comments may be in order. - 28 - The third category shown on the rating charts iias "Personal Deveiopment (i.e. extra'courses taken, books read, le-.el of formal education, etc.)" It will be noted that "level of formal education" is specifically mentioned. The three members of the selection board gave a 3 in this category to most candidates, including Lewis, Savage, Tobin and Siddiqi. As far as disclosed by the comments with the third category (afd the resumes filed by candidates Lewis and Siddigi) the only candidate with a university degree was the grievor. His degree is not mentioned in the rating comments. They merely mention courses at 3yerson and I.Y.X.C. (without making clear how many) and of course Zyerson and P.M.A.C. is mentioned opposite the names of most other candi- dates.. The particulars given in the griever's resume appear to have been ignored. Although.it was asserted in argument that Messrs. Lewis and Siddiqi were "relatively egual in education," the fact is that the griever's level sJas,much higher. If any other.candidate had a Bachelor's degree in Commerce, it was a well-kept secret. LYoreover, since coming to Canada, the grievor had taken not one but many courses in purchasing and management as,.well as a course in contracts. - 29 - Our second comment relates :o ::<e ar;-sent thai althcugh the grievor may have Seen *diei suited to his ;~ork at the Yinistry of Governmen: Services, t?.ere was something so different about the work of a purchasing agent at Correctional Services that he would be less qualified than a ?.O.l from the tiinistry of 3ousi;lg. sxplanations were extremely hazy. It was said for example that he .4ad EO experience in purchasing food. it was not explained, however, just how mu& tke Ministry of Housing is involved in food purchases. TSe obscure reasons given in this cor.n&tion almost'suggest that the Ministry thought the grievor knew a 1Ft-,le too much about standing agreements and other purchasing procedures or that (as one of the rating chart comments said) he might want to make some changes. Cur conclusion, for all the reasons stated above,is that the result of the competition challenged in this case was not reached on proper or adequate grounds and must be set aside. We have given thocght to the plea that the appoint- ment at the Ministry of Correctional Services should be. awarded here and now to Mr. Siddiqi as the "manifestly superior" candidate .- It seems to '2s t?.a:, at t*e very least, the griever' s - 30 - "qoalifica:ions and abi:ity" 2e:e relatively ec.uaL to those of the SuCCessfui. candidate. Severtheless, :Sere are t'*o reasons for which we are hot prepared to decide that as the Senior candidate he should now be given the lateral transfer be sOu:Fkt. Our first reason is the paucity of - lnrormation atou t the precise nature of the duties to be performed at Correctional Services. The Josition Specification &in evi,dehce as Sxhibit 7, and it does not appear to include duties c;reatly different from those of the position occupied by the grievor at the Hinis:ry,; of Government Services, Exhibit 10. Eowever, the employer's witnesses have insisted that there is a real difference and the grievor lacked the facilities to explore that matter frilly. A second ,and more important reason is that the grievor in his grievance expressly requested "proper reposting of the position and a fair and just competition held." We are not persuaded that it would be proper for us to amend or rewrite that request. Noreover , we have had no opportunity to assess the merits of all candidates as a selection board can and ihouid assess them. it is thus necessary that a new competition be held, proceeding as far as possible on the basis of the situaticn as it exis?ed ih July, 1980. In other word. the 2ew selection - 31 - board should not take into account the exqer&er.ce SE an? candidate in any position occupied since ;uly, Lgao. The new competition should be open to all pers0r.s who were candidates in the 1980 competition. In the cixumstances ic is, IAn cur opinion, essential that an entirely new selecticn board should be found :o conduct the competition and that it should be chosen ar.d constituted, I with appropriate direstives, by the Civil Service Commission of Ontario. r concur A. G. Stapleton Xember i concur 35 : jce I. ;. Thomson Yenber