Jane Hooey

The Union filed a grievance asserting that unclassified employees in the Correctional Bargaining Unit are entitled to 'max plus merit' pay increases under the collective agreement.

The Employer raised a preliminary objection that the grievance was untimely, having been filed approximately a year after the increases were first implemented.

The Grievance Settlement Board dismissed the Employer's motion, finding that the grievance was a continuing one because the alleged violation recurred with each pay period and each time an employee reached their anniversary date.

Furthermore, the Board held that the Employer had waived its right to object to timeliness by participating in the Joint Review Process and failing to raise the issue until the eve of the arbitration hearing.

The grievors challenged the results of a job competition for the new position of Control and Risk Analyst, alleging the selection process was unfair.

The competition utilized a simulation exercise evaluated by a three-person panel using a consensus scoring method, where a single zero score eliminated a candidate.

The Public Service Grievance Board found that the consensus marking scheme was a significant and serious flaw, as it resulted in panel members surrendering their individual judgment.

The grievances were granted, and the employer was ordered to re-run the competition for the affected positions if the parties could not agree to reassess the candidates based on their individual scores.