by Contract Number (PDF) - OCSEA

Arbitrator held that the Grievant failed to show
that she satisfied the minimum qualifications for
the Planner 3 position when she applied. The
grievance was denied. 938
The PSMQ at issue required Account
Clerk 2’s to have six months experience
in Workforce Management Systems and
in the PeopleSoft system. The
Arbitrator held that the State acted
properly per its authority under Article
5. It acted reasonably considering the
specialized knowledge required to fill
the positions involved in the issuance of
the PSMQ. In addition, the Arbitrator
found that there was no harm to the
bargaining unit. There were no
bargaining unit positions lost as a result
of this action. 1036
17.05 – Applications
(Section 17.04, Bidding, 1986 Agreement)
The employer posted a Statistician 3 position
which the grievants and other individuals bid for.
The two grievants had eighteen and thirteen
years seniority, while the successful applicant
had only one year seniority. The employer
contended that the grievants did not meet the
minimum qualifications for the position and the
successful applicant was demonstrably superior.
The employer was found to have the burden of
proving demonstrable superiority which was
interpreted as a “substantial difference.”
Demonstrable superiority was found only to
apply after the applicants have been found to
possess the minimum qualification. Also, the
arbitrator stated that if no applicant brings
“precisely the relevant qualifications” to the
position, the employer may promoter the junior
applicant if a greater potential of success was
found. The arbitrator found that he employer
proved that the junior employer was
demonstrably superior and the grievance was
denied. 382
During the processing of several grievances
concerning minimum qualification, #393-397, a
core issue regarding the union’s right to grieve
the employer’s established minimum
qualifications was identified. The arbitrator
interpreted section 36.05 of the contract as
permitting the union to grieve the establishment
of minimum qualifications. He explained that the
minimum qualifications must be reasonably
related to the position, and that the employer
cannot set standards which bear no demonstrable
relationship to the position. 392
The grievant applied for a posted Tax
Commissioner Agent 2 position but was denied
the promotion. She was told that she failed to
meet the minimum qualifications, specifically 9
months experience preparing 10 column
accounting work papers. The grievant was found
to have experience in 12 column accounting
work papers which were found to encompass 10
column papers. Additionally, the employer was
found to have used Worker Characteristics,
which are to be developed after employment, in
the selection process. The grievant was found to
possess the minimum qualifications and was
awarded the position as well as any lost wages.
393 (see 392)
The grievant applied for a posted Word
Processing Specialist 2 position and was denied
the promotion. The employer claimed that she
did not meet the minimum qualifications because
she had not completed 2 courses in word
processing. The grievant was found not to
possess the minimum qualifications at the time
she submitted her application. The fact that she
was taking her second word processing class
cannot count toward her application; she must
have completed it at the time of her application.
Additionally, business data processing course
work cannot substitute for word processing as
the position is a word processing position. 394
(see 392)
The grievant applied for a posted Programmer
Analyst 2 position and was denied the
promotion. The employer claimed that she did
not possess the required algebra course work or
the equivalent. The arbitrator found that because
the grievant completed a FORTRAN computer
programming course, she did possess the
required knowledge of algebra. The minimum
qualifications allow alternate ways of being met,
either through course work, work experience, or
training. The grievance was sustained and the
grievant was awarded the position along with
lost wages. 395 (see 392)
The grievant applied for a posted Microbiologist
3 position in the AIDS section and was denied
the promotion because she failed to meet the
minimum qualifications. The successful
application was a junior employee who was
alleged to have met the minimum qualifications.
The arbitrator found that the junior applicant