GSB#2014-3043

UNION#2014-0468-0032

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Raymond)

Union

• and -

The Crown in Right of Ontario (Ministry of Health and Long-Term Care)

Employer

BEFORE

Barry Stephens

Vice-Chair

FOR THE UNION

Jesse Gutman Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Henry Huang Treasury Board Secretariat Legal Services Branch Counsel

SUBMISSIONS

May 23, 2017

Decision

1The parties resolved this matter prior to the hearing scheduled for May 31, 2017, in accordance with the terms of settlement set out below, and in accordance with Article 22.16 of the Collective Agreement:

Whereas the Grievor filed the instant grievance on August 14, 2014 with respect to a job competition for a Financial Officer 2 position held in or around June 2014 (2014-0468-0032, 2014-3043);

Whereas the parties agree that the Board has the jurisdiction to deal with this grievance through the med/arb 22.16 process in an expedited manner;

Whereas an order for production was made on October 14, 2016;

And whereas the Employer denies any violation of the collective agreement;

These proceedings are terminated in accordance with the following terms:

(a) For a period of two (2) years from today’s date, the Employer will screen the Grievor’s application in and permit the Grievor to write the pre-interview test for one (1) Financial Officer 2 (FO2) competition for which the Grievor is eligible to apply and does apply, as may be run for Ministry Support and Transactions 2, Financial Management Branch, Corporate Services Division, Ministry of Health and Long-Term Care, in the Kingston, Ontario office.

(b) In order to implement the foregoing procedure, the Grievor is required to apply for the position in accordance with the application instructions as set out in the job posting and to notify Ram Kumar, or his successor, of the terms of this order (including a copy of this order) by email.

(c) The fact that the Grievor has been screened in is no guarantee that she will pass the pre-interview test or be the successful candidate for the competition, which will be determined in accordance with the provisions of the collective agreement.

The Board shall remain seized to resolve any dispute between the Parties respecting the interpretation, administration, and/or implementation of this order.

2On consent of the parties this settlement is hereby ordered by the Board.