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HomeMy WebLinkAbout1983-0047.Mongrain.84-04-17IN THE MATTER OF AN ARBITRATION Under BETWEEN: THE CROWN EMPLOYEES COLLECTIVE BARGAINING AC1 Before THE GRIEVANCE SETTLEMENT BOAR0 OPSEU (Gareth Mongrain) Grievor - and - The Crown in Right of Ontario (Ministry of the Environment) BEFORE: FOR THE GRIEVOR: FOR THE EMPLOYER: HEARING: M.R. Gorsky Vice Chairman H.E. Weisbach Member A.G. Stapleton Member George Richards Grievance Officer Ontario Public Service Employees Union R.L. Younger Staff Relations Advisor Minisfry of the Environment C.E. McIntyre, Director Environmental Approvals and Project Engineering Branch- Ministry of the Environment, June 29, 1983 and August 24, 1983 ,: 1 ” . 1 , ‘. DECISION I In accordance with the Memorandum of Settlement annexed hereto, dated 11 January 1984, executed by the parties, it.is the Decision of this Board: (1) That no decision on the merits of the case will be rendered. (2) ~The withdrawal of the grievance is subject.to the endorsement of the principles of settlement expressed in paragraphs 1. 2 and 3 of the Memorandum of Settlement. DATED AT London, Ontario this 17th day of April, 1984 M.R. Gorsky Vice Chairman A.G. Stapleton Member ,1 ~ _.. ._ i . . (. -5,. ; ~ .y. a : ;‘. : The Crown in Right of Ontario . ..- .,!.. ,,: .~. ,.,: (Ministry of the Environment) ; _ .. *’ - :. ‘; _I’ .~ . . ‘Regarding the grievance of Gareth EIongrain dated November 24th; 1982,’ GSB t47/83 : 1. The Union and the gricvor recognize that the employer has a responsibility to determine qualifications for a position that are, reasonable and relevant. ; Having *. , - regard to the particular requirements of the position ( of Resource Manager .advertised as File No-EN-108/G as ., disclosed during the.instant grievance proceedings, it is further recognized that it would have been quite . reasonable to specify possession of a university degree in engineering or applied science as a desirable . qualification. . (, :... 2. The employer recognizes that possession of H university, : degree may. not be essential to the encumbent of the . - -. Resource Manager position .advertised.as file No.EN-108/G and that there may be some persons with technical training and experience s,imilar to that of the grievor~ who could handle the job if there were no applicants with the desired university qualifications. : ’ ~. :‘. -:~-.3. The employer agrees to use bits best efforts: to ensure .i ~.. ( that future job postings specify.any.:speoial duties or responsibilities, such as dealing with the waste disposal ‘. problems of the nuclear industry in.the case of the position advertised as file No. EN-108/G, to ensure that potential candidates such as the- grievor will;better understand \ihy higher academic qualifications are specified as dcsirwbid. 4. The request for a decision on the merits’of.this:cise ..: from the Grievnncc Scttlcmcnt Board i$ withdrawn;. but the parties jointly request the Board to endorse,the principles of settlcmcnt expressed bcrcin. Dated at Toronto, this-//+&day:of J+&ry,.. 1984. - For the ~U.nr%n\ For’mfEmDloyer . . ..--. -- . e-s.-_ _-- _______ _..____ _ . ___. _-_ _._ _‘.__ ,.____. --. _-.. - . .