Rosalyn Principe

The grievor, an Information Officer 3, grieved the outcome of a job competition for a Communications Officer position, arguing she should have been awarded the position as the senior applicant and that the competition was flawed.

The Grievance Settlement Board found that while the employer's exclusive reliance on interview scores and a writing assignment—without reviewing resumes, personnel files, or conducting reference checks for all interviewed candidates—constituted a procedural flaw, the union failed to prove that these flaws affected the outcome.

The successful candidates provided more detailed, sophisticated answers and demonstrated more directly relevant experience.

The grievance was dismissed.

The employer brought a preliminary motion to dismiss the employee's grievance alleging workplace harassment and a poisoned work environment.

The employer argued the grievance was untimely, moot, and outside the Board's jurisdiction.

The Board dismissed the portions of the grievance relating to incidents from 2001 to 2003 due to excessive delay.

The Board also found that complaints regarding performance evaluations and related compensation were statutorily excluded from its jurisdiction.

However, the Board held that the allegation concerning the employee's forced return to her home position for health reasons in 2004 was timely, within jurisdiction, and not moot, allowing that specific issue to proceed to a hearing.

The parties previously reached a confidential settlement of two grievances.

The union brought the matter back before the arbitrator, alleging a dispute arising from the implementation of the settlement.

The arbitrator ordered that the grievor be placed on a paid leave of absence, without loss of benefits or seniority, until the employer complies with the memorandum of settlement.

The arbitrator also set out notice requirements for the employer to advise the grievor of his placement and retained jurisdiction over further disputes.