GSB# 2014-4059, 2014-4259, 2014-4326, 2014-4327, 2014-4328, 2014-4329, 2014-4330, 2014-4334, 2014-4335, 2014-4501, 2014-4502

UNION# 2014-0534-0026; 2014-0534-0028; 2014-0534-0031; 2014-0534-0032; 2014-0534-0033; 2014-0534-0034; 2014-0534-0035; 2014-0534-0039; 2014-0534-0040;

2014-0534-0041; 2014-0534-0042

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Askarzada et al)

Union

• and -

The Crown in Right of Ontario (Ministry of Community and Social Services)

Employer

BEFORE

Daniel A. Harris

Arbitrator

FOR THE UNION

Seung Chi Ontario Public Service Employees Grievance Officer

FOR THE EMPLOYER

Caroline Cohen Treasury Board Secretariat Legal Services Branch Senior Counsel

HEARING

November 1, 2017

Decision

1These matters currently involve six grievances against the outcome of a job competition held in October 2014 in the Family Responsibility Office (FRO) for the position of Enforcement Services Officer. The Employer appointed ten permanent positions and nineteen temporary assignments in November 2014. One additional permanent position and one temporary position were announced in March 2015.

2The third scheduled day before the Board was held on November 1, 2017. The previous day before the Board was held April 24, 2017. On that day it was agreed that the Union would file particulars by July 14, 2017. Only one grievor provided the Union with particulars in a timely fashion.

3On November 1, 2017 three of the grievors failed to attend. They had also failed to attend on April 24, 2017.

4The grievors are hereby ordered to provide particulars of their claims. Without limiting the generality of this order, those particulars are to include details of which answers at the interview were not recorded by Nancy Hutton, one of the interviewers, as well as the impact of those alleged omissions on their scores, quantified.

5The Union is also to provide questions it says were not relevant to the requirements of the job and any alleged deficiencies in the audio and video presentation and how the alleged irrelevant questions impacted the grievors’ scores, quantitatively.

6These further particulars are to be provided to the Union by the grievors by November 15, 2017 and by the Union to the Employer by November 24, 2017.

7This matter will come back on for a hearing on December 22, 2017. If any grievor fails to attend, their grievance will be dismissed absent a compelling and substantiated reason for their failure to attend.

8If any of the grievors fails to provide the required further particulars, no evidence may be called at the hearing to substantiate any non-disclosed particulars.