Reference no: EM132887998

Question

A collective agreement contained an article that provided as follows:

In making promotions, demotions and transfers, the required knowledge, ability and skills for the position as outlined within the appropriate class specification shall be the primary considerations; and where two or more applicants are capable of filling the position applied for, seniority shall be the determining factor. In all the instances, present qualified employees shall be given preference.

The employer posted a job vacancy for a labourer as follows:

Performs a variety of unskilled and semi-skilled grounds maintenance tasks, including raking, sweeping and cleaning grounds; cutting and trimming grass; removing snow; loading/unloading equipment, materials and tools. Operates and maintains manual and power operated equipment. Applies fertilizers, pesticides, etc, as directed. Performs other related duties as assigned.

Qualifications: Several years grounds-related experience. Ability to perform repetitive manual tasks for an extended period; to lift heavy objects; to work in all weather conditions. Knowledge of and ability to perform minor repairs and maintenance on grounds related small machinery, tools, and equipment. Possession of or willingness to obtain pesticide applicator ticket within a specified time. Training in practical horticulture is an asset. Knowledge of WHMIS. Safe work practices. Valid driver's license and safe driving record.

The contract also provided that an employee who moved to a new position would have a trial period of three months to determine his or her suitability. There were two applicants Franks and Martin. Franks had 10 years of seniority, had worked as a labourer and had been assigned to ground duties approximately 40 percent of the time. Martin had 5 years of seniority, had worked as an assistant to the gardener and had filled in when the gardener was absent. Martin had also taken courses in horticulture and complete training in pesticide use. The foreman described the work done by ground labourers as "simple, dirty,... shoveling, raking, levelling,.... Loading, moving, and assisting the gardener. " It was estimated that each of the tasks involved in the job could be mastered within a day or less of work. Martin was awarded the job.

Questions

1. A summary of the case facts

2. Discuss the type of seniority clause, in regards to job vacancies, that is outlined at the start of this case.

3. What is the alternative approach that could be used in job posting contract language here? Is it preferred by employers? Explain the merits or drawbacks from that perspective.

4. Assuming that Franks wishes to file a grievance and the union proceeds to do so in regards to the choice of applicants in this case, What argument(s) would be advanced against the employer's choice (Martin) in this job competition?

5. As the HR advisor with the school board in this case, what specific guidance would you give to the line manager regarding whom to select in this competition? Give specific direction for the relevant listed criteria seen in the case.