GSB#2018-1472; 2018-1473; 2018-1474; 1475

UNION# 2018-0228-0017; 2018-0228-0018; 2018-0228-0019; 2018-0228-0020

IN THE MATTER OF AN ARBITRATION

Under

THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT

Before

THE GRIEVANCE SETTLEMENT BOARD

BETWEEN

Ontario Public Service Employees Union (Sarfi et al)

Union

• and -

The Crown in Right of Ontario (Ministry of the Attorney General)

Employer

BEFORE

Nimal Dissanayake

Arbitrator

FOR THE UNION

Jesse Gutman Ontario Public Service Employees Union Grievance Officer

FOR THE EMPLOYER

Sean White Treasury Board Secretariat Legal Services Branch Counsel

HEARING

January 30, 2020

Decision

1Four grievances alleging a violation of article 6.3 of the collective agreement were scheduled to be heard by the Board Pursuant to article 22.16. When the Board convened on January 30, 2020 the parties informed that grievances 2018-1474 and 2018-1475 are withdrawn. That left the grievances of Ms. Sharlene Sarfi and Ms. Samantha Glave, who had applied for the position of Group Leader at the Brampton court house. They were interviewed but were not offered a position.

2Following mediation, the parties executed a “Memorandum of Settlement” jointly requesting that the Board issue a “consent award” incorporating the agreed upon terms therein. This decision is issued in response to that request.

3The evidence establishes that after interviews and scoring had been completed the employer exercised its discretion to lower the benchmark set for the competition. I find that the employer’s exercise of its management rights in the circumstances was not tainted by bad faith.

4It is understandable that the grievors reasonably perceived that the conduct of this competition may not have been in accordance with the employer’s best practices. However, I find that no violation of the collective agreement has been established.

5Accordingly, the grievances are hereby dismissed.