We claim the Employer has violated the Collective Agreement by failing to post two excluded positions (Director Legal Services and Director Communications and Government Relations) and awarding them to two excluded employees. Two excluded positions were eliminated and two new positions were created. Specifically section 16.02 states: “In addition, job vacancies occurring outside the bargaining unit shall be posted prior to filling to enable interested bargaining unit employees to apply.” By failing to post members were denied an opportunity at a senior excluded position.
The employer countered saying that in fact these positions are not new but actually the result of two excluded members having their job description added to, in effect a reclassification. Therefore there were no vacancies to post as well it was unlikely that any BU staff would have been qualified for either position… Furthermore, the job description hasn’t yet been created or is still being created.
Status: This grievance was elevated to arbitration. Chris Sullivan selected as the arbitrator Dec 11, 2012