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HomeMy WebLinkAbout1985-0920.Kuyntjes and Larman.87-12-21920105, 921105 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: (PPSEIJ (P.B. Kuyntjes h R. Larman) Crievor and The Crown in Right of Ontario (Ministry of Transportation'& Communications) Employer Before: For the Crievor: For the Employer: K. 8. Cribbie Staff Relations Officer Human Resources Branch Ministry of Transportation and Communications .I. Gandz Vice Chairman J. Anderson Member W. Lobraico Member B. Hanson Counsel Cavallurzo, Hayes & Lennon Barristers & Solicitors July 7. 1987 i . ’ DECISION The Grievance The grievors claim that they were unjustly denied the position of Assistant to the Head, District Engineering Services and ask that they be awarded this position. At the hearing the Union decided to proceed only with the Kuyntjes grievance, asking that the Larman grievance be put in abeyance pending the outcome of the Kunynt j es case. Furthermore. the Union and the Employer agreed to proceed only with the issue of whether the grievor should have been given an interview. The ,relevant portions of the Collective Agreement are set out'below: . ARTICLE 4 - POSTING AND FILLING OF VACANCIES 4.1 4.2 4.3 4.4 OR N'EW POSITIONS When a ,vacancy occurs or a new,position is created in the bargaining unit, it shall be advertised for at least five (5) working days prior to the established closing date when advertised within a Ministry. or it shall be advertised for at least ten (10) .working days prior to the established closing date when advertised service-wide. All applications will be acknowledged. Where practicable, notice of vacancies shall be posted on bulletin boards. The notice of vacancy shall state, where applicable, the nature alid title of position, salary. qualifications required and the area in which the position exists. In filling a vacancy, the Employer shall give primary consideration to qualifications and ability to perform the required duties. Where qualifications and ability are relatively equal, Length of continuous service shall be a . consideration. An applicant who is invited to attend an interview within the Civil Service may be granted time-off with no loss of pay and with no Loss of credits to attend the interview. -2 - I) ; ? .i, The Facts The job of Assistant to the Head, District Engineering Services. was posted-on August 30. 1985. The criteria for the job were listed under two headings: "Must Xavea" , which were absolutely required of the aucceaaful candidates; and "Should Haves", which were desirable but not essential. Two positions were available. Twenty-two (22) people applied for these two positions. including the grievora. The initital screening of applicants was done by Len Malloy. the personnel officer at the Ministry of. Transportation and 'Communications office in Burlington. Using a prepared form, which accurately reflected the criteria established in the job posting, he placed ticks (they have it), crosses (they don't have it), or question marks (not sure) in each of the "must have" and "should have" categories for each applicant.. These ticks, crosses, and gueation marks were baaed sole1 y. according to Malloy, on the applic5nt.s written application form. Following the usual Ministry practice, Mr. Malloy took this list to the interview panel established for the position to decide which of the applicants should be interviewed for the job. The other members of the interview panel, in addition to Len Malloy, were Ernie Dufreane, head of engineering services, and John Marcolin, district maintenance engineer. This panel decided to call six people for the interviews for the two available positions. From the testimony of Dufreane and Malloy, it was apparent that they based the decision to interview or not on the application forma and some incomplete information or peraon,aL knowledge of the applicants. Selected information on those who were interviewed and the applicants are shown below: -3- NAME 'Interviewees Afful Ahluwalia Jaarsma Laughren Rideout Seebach Grievora Kunyntjea Larman SRNIORITl MUST HAVES SHOULD HAVES 74-05-06 75-05-05 69-05-20 66-10-17 69-09-30 69-09-09 4/4 4/4 4/4 4/4 4/4 4/4 5/5 4/s (l=?) 215 4/s (l=?) 215 3/5 74-04-i9 * 4/4 2/S (l=?) 74-05-06 4/4 2/S (l=?) Afful and Ahluwalia were both judged as superior baaed on this initital screening by the interview panel. There were another eight who were considered roughly comparable at this stage. The interview team decided to interview only four of these and they based their cutoff decision on the seniority of the applicants. In this respect. the seniority of Kunyntjea was substantially leas (4 l/2 years) than others who were interviewed. Following the interviews, the two positions were awarded to Jaarama and Laughren, both of whom had substantially more seniority than the grievora. The personnel files of the interview candidates, and those not offered interviews. were not reviewed prior to the interview decision and supervisors were not contacted for additional information on the applicants. l'he prior knowledge of candidates was incomplete. For example, Dufresne knew Afful from previous work contact in the early 1970's and knew Ahluwalia..guite well. He knew some of the others on the list of 22 but did not know one of the successful candidates, Laughren. He had some prior r -4- knowledge of .Kuyntjea' work both directly.and through one of the grievor'a supervisors. Malloy teatified,that. at a minimum, selection panels such as this liked to have at Least three candidates per position but that it was not unusual to have seven or eight. Dufresno testified that the panel felt that. from the initial screening. they had three outstanding candidates and decided to limit the List bf interviewees by adding three.additional candidates based on seniority since many of them met'the minimum requirements. Furthermore. Dufreane testified ~that he was particularly 'concerned that the candidates have good working knowledge of tendering procedures. While agreeing that this was not specified in the "skills and knowledge" required for the job, it was nevertheless clearly included in the duties and responsibilities required. Kuyntjes was a Senior Construction Technician at the time. of this posting and had previously been a Public Service Trainee B and Technician 3. Survey.. During his previous.experience he -had been temporarily assigned to other jobs and had some knowledge of tendering procedures, as a result of a district enquiry in 1981/2. Furthermore,~he teatifed that he had some knowledge of maintenance management when he was an assistant to the area construction engineer.. He had applied for the position of head of engineering services in North Bay and had been interviewed, although he was not the successful candidate. Under cross-examination it was clearly shown that Kuyntjes' ,experience of tendering was very limited and confined~ to pre-1985 tendering procedures and policies. - 5 - The Arguments The Union argues that this selection process was deficient and that .:Ruyntjea should not have been screened out at the interview stage. While acknowledging that the Employer has the right to screen applicants, and does not have the obligation to interview everyone. the Union claima thatwhile there were three candidates with apparently better qualifications (Afful. Ahluwalia, and Laughren) there,were seven others who were virtually indistinguishable on the basis of their applications. The Union claims that all of these should have been interviewed. The Em~loyer'arguea that there is no absolute entitlement to an interview and that the process used by the Employer in this case was quite ~fair and reasonable. The Decision What appears to be at issue here is whether or not the incumbent was entitled to an interview. It has been well established in the Board's jurisprudence that the employer must use a process of decision-making which is designed to'conaider the relative qualifications and ability to a candidate in a competition which will ensure that aufficent relevant information is adduced before the decision-makers so that they are able to make an informed choice (Remark, 149/77; Quinn, g/78). On the other hand, there is no obligation to give interviews to all who apply. In Borecki (356/82) the Board noted that questions of efficiency and coat come into play when there are many qualified applicants and this view was reiterated in Colacci (912/82) and Balica (42/84). If the eventual decision about who gets a job is to be based on relative qualifications and abilities, it follows that all steps leading up to that decision must also satisfy the requirement that they lead to valid and relevant information about qualifications and abilities being brought to the attention of the selection board. If the pre-screening decision screens r -6- out a better qualified candidate, the eventual decision cannot help but be faulty. Therefore, while there is clearly no right to an Interview in the collective, agreement, the nature of the eventual decision.to be made requires that the pre-interview screening be done in a comprehensive and fair manner. In the instant case t&e was a thorouqh screening of the - candidatee aqainat a pre-established set of criteria which were reflective of the job requirkents. It was not, in our view, unreasonable of the selection panel to draw the line at six . candidates to be interviewed and to.deny tQe grievor an interview. They interviewed those who scored highes: on the established criteria as well as. those who were the most senior . smonq.the next tier of qualified applicants. Their decision as to who should be interviewed was influenced by their prior knowledge of -1tidividual candidates plus some additional knowledge of the type of work that they would have been involved with in the po&tions they had held. In.our view this is, a perfectLy reasonable way of going about a pre-screening process. The fact that the selection panel.did.not seek out personnel file data and/or supervisor assessments of all candidates prior to deciding to offer interviews to some does not, in our judqement. invalidate the pre-screening process. Accordingly, w. grhmance is denied. Dated at London, Ontario, this 21st day of December, 1987. Member Member