Many of the grievances filed involve job postings. Transfer to a new position within the University is the way our members find new challenges or increase their pay. That's why a fair, non-arbitrary method of job posting is crucial for our members. We've prepared a series of questions that you may find helpful when interviewing a potential grievor regarding such a grievance.

You should first get a copy of the "Job Posting Summary" for the position in question. The summary lists the successful applicant and all applicants in order of seniority. Also, pick up a copy of the posted requirements for the position. Both the summary and the requirements are in the YUSA office filed by job number. With this information in hand, this Handbook, a copy of the Collective Agreement, a seniority list (if available) and some paper, you are ready to meet the potential grievor.

Make it clear to the member that you are there to investigate a possible grievance, and that a decision whether to file a grievance will be made based on the information you collect. Go through the questions below to gather the essential information.

i) Notification:

• When did the grievor receive written notice of the successful applicant's name or the Employer's intent to extend search? (Watch the time limit for filing job posting grievances!)

ii) Position in Question: 

• When was it posted?
• Did the grievor apply for the position before the deadline listed in the Bulletin?
• Did the grievor read the Job Description?
• What was grievor's opinion of the job upon reading Job Description?

iii) D.H.R. Interview 

• When was the grievor called for an interview and by whom?
• If not interviewed, what were the reasons for not being interviewed? If no reasons were given, have the grievor call the employment counsellor back and ask for reasons.
• When was the interview?
• How long was the interview?
• What was discussed?
• Was the Job Description discussed?
• What are grievor's feelings about the D.H.R. interview?

iv) Interview by Department

• If no interview, why not?
• If the reasons are not known, have the grievor call the employment counsellor to find out.

IF INTERVIEWED:

• When was the interview and who did interviewing?
• How long was the interview?
• What was discussed?
• Was there any special testing method used, e.g., a written composition? Did it seem relevant to the position?
• What are grievor's feelings about the interview?
• Why did grievor not get the job? If the grievor was not told, have them call the employment counsellor and ask for the reason(s).

Make notes of any unusual statements made during interviews and/or irregularities in procedure. Obtain from the grievor their seniority date, background, work experience, qualifications and skills.

Have the grievor arrange to see their employee file in Human Resources by calling -55005 and asking for an appointment. The request must be made in writing, but it is usually sufficient just to bring a letter to the appointment. You, as the Steward, may be present if the employee so wishes. Employees have the right (1989-91 Contract Article 33.01) to make copies of what is in their file.

Check with the grievor to see if they have any of the following Position Descriptions, or ask the YUSA Office where to obtain them:

• the position in question (kept in binders in Employment, if currently or recently posted)
• grievor's current position
• grievor's previous positions
• successful applicant's current and previous positions

Compare the descriptions. Do the position descriptions show that the grievor has the "skills and demonstrated ability" to do the new job? Does the successful applicant? In what areas are either of them deficient?

Sometimes a job posting grievance is filed when applicants are notified that the position is going to be posted externally. In these cases, consider whether the senior unsuccessful applicant (not necessarily the person who wants to grieve) could meet the posted qualifications after a training period of ten working days (Article 12.02(d)).

Contact the successful applicant. It is the Union's policy that every effort must be made to do this before we file a grievance. Let the successful applicant know that a grievance is being investigated and may be filed concerning their new appointment. Ask them if there is any information they wish to provide about their qualifications or the positions they have held at York.

Often the successful applicant does not want to give you any information. This is quite understandable since they probably don't want the grievance to succeed! Let them know that the grievance is not aimed at them personally, but has arisen because of a management decision. Do your best to answer questions about what could happen to them, or ask them if they would like to talk with another Steward.

There are often other affected parties who should be contacted. You must contact other applicants for the position, especially those senior to the grievor, to ask them how they feel about the interview and selection process, as well as the result. Often in an investigation like this you will find people who do not want to grieve, but who can provide you with information on the interview process useful to your case. Ask another Steward to help if you can't call all the applicants yourself. If more than one member wants to grieve the hiring decision, the matter must be referred to the Grievance Committee to assess whether we should file a Group Grievance (aimed at the selection process itself), or take one grievor's case instead of another's.

Other Issues

Education Requirements:

• Excessive posted requirements for positions are a common problem. Encourage members to read the job description for every position that interests them, and to put in an application whenever they believe their skills and demonstrated ability are equal to the tasks of the position.
• The Employer quite regularly includes formal education requirements for posted positions. There are several reasons for this. First, the current (soon to be old) Job Evaluation system is heavily weighted in favour of formal skill and education qualifications. It is difficult to get a position rated in the higher clerical grades without some sort of education requirement. Second, because we work in a University, many managers and department heads assume that formal education has some special value, and that those without university education are less able to work in positions dealing with students or with high levels of responsibility. Third, the Employer knows they can get away with it. Forty-four percent of women in Canada with bachelor's or first professional degrees, and twenty-five percent of women with Master's degrees, are employed in clerical work. The Employer is simply taking advantage of a system which streams women into clerical work.
• If you are investigating a job posting grievance and find that the Employer has denied a member a position because they lacked the formal education requirements, look into whether or not the requirement itself is reasonable. Our Agreement states that "the posted qualifications shall clearly reflect the requirements of the position" (12.02(a)). We may win an arbitration where the grievor has been denied a position solely because of education requirements. Specific academic qualifications can be required for a position, but arbitrators have required the Employer to demonstrate that educational qualifications are necessary to discharge the duties of the position. If the grievor is able to demonstrate that their actual qualifications and abilities are sufficient to competently perform the position in question without the required academic standing, an arbitrator might well require the Employer to appoint the employee.

The Steward should be aware, however, that it will be up to the Union to show that the grievor's skills and abilities are sufficient, that the formal education requirement need not be met, or that the formal requirement does not accurately reflect the duties of the position.

Seniority:

• Our members sometimes ask why seniority determines scheduling disputes for such things as vacations or hiring. In job posting grievances, seniority determines selection only where two or more applicants have relatively equal skills and demonstrated ability. Seniority is not used excessively in our Contract, especially when you consider that some Collective Agreements simply require that the senior applicant be given the job without considering qualifications! In fact, matters settled by seniority are one of the few benefits that members with long service are entitled to in our Agreement.
• Seniority is intended to be a fair measuring stick for resolving disputes which might otherwise be resolved based on the personal preferences of managers. Everybody has some seniority. As time goes by, everyone has the possibility of eventually having the most seniority in a given situation. Can you think of another way of resolving disputes which is not open to the danger of management favouritism?

Checklist for Job Posting Investigation

• Find out when the grievor received the letter.
• Get the Job Posting Summary from YUSA office.
• Get posted requirements for the position (Bulletin or office), and a copy of the job description from the grievor or the binders in Human Resources.
• Meet the grievor and discuss the qualifications and hiring process: what exactly does she disagree with?
• Have grievor call Employment Counsellor to ask why they were unsuccessful, if not known already.
• Get copies of relevant job descriptions: grievor's current and former position(s), the successful applicant's former position(s).
• Call the successful applicant (or have another Steward call) to inform them that a grievance is being investigated, and to ask if they want to discuss their qualifications.
• Call other unsuccessful applicants, especially those senior to the grievor, to see how they feel about the hiring decision and the hiring process.
• Have the grievor check their Employee File in Human Resources for dates and titles of former positions and for work performance letters (see also Article 33.01).
• If you have any doubts about the validity of the grievance, speak to the Chair of Grievance, the Grievance Committee, the President or the Executive Assistant.
• Draft the "details of the grievance," the "relief sought" and the "articles violated" sections of the grievance form, then have the grievance form prepared in the YUSA office.
• Have the grievor and the Chair of Grievance sign the form.
• Deliver the form to DHR and return the date-stamped copy.
• Meet with grievor to prepare argument that they meet posted qualifications ("skill and demonstrated ability"), or that they are more than relatively equal (where grievor less senior), or that a ten working day training period would have allowed the senior unqualified applicant to meet posted requirements (where went external).
• Explain to grievor the format, participants and purpose of Step 3.
• After Step 3 response received, discuss with the grievor their opinion of the Step 3 meeting and the Employer's response, outline further options (such as arbitration or withdrawal), and explain that the decision regarding arbitration will be made by the Executive, on the recommendation of the Grievance Committee.
• Notify successful applicant of the Step 3 response and of the decision regarding arbitration.
• When filed for arbitration, ask office for date and location of settlement meeting (if any), lawyer prep meeting, and arbitration hearing.
• Keep successful applicant informed of further developments, including arbitration hearing dates and location.

Next chapter
Previous chapter
Table of Contents
YUSA Main Page