GSB# 2017-2454
UNION# 2017-0232-0015
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union (Turner)
Union
- and -
The Crown in Right of Ontario (Ministry of the Attorney General)
Employer
BEFORE
Deborah J. Leighton
Arbitrator
FOR THE UNION
Mae J. Nam Ryder Wright Blair & Holmes LLP Counsel
FOR THE EMPLOYER
Braden MacLean Treasury Board Secretariat Legal Services Branch Counsel
HEARING SUBMISSIONS
September 18, 2018; July 13, 2022 July 18, 2022
Decision
1The grievance alleges the grievor was improperly screened-out and denied an interview in respect of Job Competition ID#106416 for a permanent position as a Trial Coordinator in Newmarket, posted March 31, 2017. The union seeks a rerun of the competition as a remedy for the breach of the collective agreement.
2The parties referred this grievance to mediation/arbitration in accordance with Article 22.16 of the collective agreement. The parties agreed that I have the jurisdiction to deal with this matter and asked that I issue a decision without precedential value, and without written reasons.
3Having heard the submissions of the parties, including the submissions of the third-party incumbents, I must conclude that the screening process was flawed and that the grievor was improperly screened out.
4Consequently, I hereby grant the grievance. The Employer is ordered to rerun Job Competition ID#106416 in respect of the permanent Trial Coordinator position in Newmarket. The competition is to be rerun with primary consideration given to the candidates’ qualifications and abilities as of March 2017. The Employer is ordered to post by September 1, 2022, and thereafter follow the timelines of Job Competition ID#106416.
5I shall remain seized to assist the parties should any issues arise with the implementation of this order.
Dated at Toronto, Ontario this 27th day of July 2022.