by Contract Number (PDF) - OCSEA
by Contract Number (PDF) - OCSEA
by Contract Number (PDF) - OCSEA
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filling of the vacancy. The vacancy was canceled<br />
because of the job audits. The arbitrator found<br />
the union’s prepositioning argument arbitrable<br />
because the grievant would otherwise have no<br />
standing to grieve. Managerial intent to preposition<br />
was found to be possible even if<br />
committed <strong>by</strong> a leader worker. The arbitrator<br />
also found that job audits are a second avenue to<br />
promotions and not subordinate to Article 17,<br />
promotions. The grievance was, thus, denied.<br />
367<br />
During the processing of several grievances<br />
concerning minimum qualification, #393-397, a<br />
core issue regarding the union’s right to grieve<br />
the employer’s established minimum<br />
qualifications was identified. The arbitrator<br />
interpreted section 36.05 of the contract as<br />
permitting the union to grieve the establishment<br />
of minimum qualifications. He explained that the<br />
minimum qualifications must be reasonably<br />
related to the position, and that the employer<br />
cannot set standards which bear no demonstrable<br />
relationship to the position. 392<br />
The grievant applied for a posted Tax<br />
Commissioner Agent 2 position but was denied<br />
the promotion. She was told that she failed to<br />
meet the minimum qualifications, specifically 9<br />
months experience preparing 10 column<br />
accounting work papers. The grievant was found<br />
to have experience in 12 column accounting<br />
work papers which were found to encompass 10<br />
column papers. Additionally, the employer was<br />
found to have used Worker Characteristics,<br />
which are to be developed after employment, in<br />
the selection process. The grievant was found to<br />
possess the minimum qualifications and was<br />
awarded the position as well as any lost wages.<br />
393 (see 392)<br />
The grievant applied for a posted Word<br />
Processing Specialist 2 position and was denied<br />
the promotion. The employer claimed that she<br />
did not meet the minimum qualifications because<br />
she had not completed 2 courses in word<br />
processing. The grievant was found not to<br />
possess the minimum qualifications at the time<br />
she submitted her application. The fact that she<br />
was taking her second word processing class<br />
cannot count toward her application; she must<br />
have completed it at the time of her application.<br />
Additionally, business data processing course<br />
work cannot substitute for word processing as<br />
the position is a word processing position. 394<br />
(see 392)<br />
The grievant applied for a posted Programmer<br />
Analyst 2 position and was denied the<br />
promotion. The employer claimed that she did<br />
not possess the required algebra course work or<br />
the equivalent. The arbitrator found that because<br />
the grievant completed a FORTRAN computer<br />
programming course, she did possess the<br />
required knowledge of algebra. The minimum<br />
qualifications allow alternate ways of being met,<br />
either through course work, work experience, or<br />
training. The grievance was sustained and the<br />
grievant was awarded the position along with<br />
lost wages. 395 (see 392)<br />
The grievant applied for a posted Microbiologist<br />
3 position in the AIDS section position and was<br />
denied the promotion because she failed to meet<br />
the minimum qualifications. The successful<br />
application was a junior employee who was<br />
alleged to have met the minimum qualifications.<br />
The arbitrator found that the junior applicant<br />
should not have been considered because the<br />
application had not been notarized, and it was<br />
thus incomplete at the time of its submission.<br />
The employer also found that the employer used<br />
worker characteristics which are to be developed<br />
after employment (marked with an asterisk) to<br />
determine minimum qualifications of applicants.<br />
Lastly, neither the successful applicant nor the<br />
grievant possessed the minimum qualifications,<br />
however the employer was found to have held<br />
this against only the grievant. The arbitrator<br />
stated that the employer must treat all applicants<br />
equally. The grievant was awarded the position<br />
along with any lost wages. 396 (see 392)<br />
The grievant applied for a posted Microbiologist<br />
3 position in the Rabies section and was denied<br />
the promotion because the employer found that<br />
she failed to possess the minimum qualifications.<br />
Neither the successful applicant nor the grievant<br />
possessed the minimum qualifications for the<br />
position but this fact was held only against the<br />
grievant. The arbitrator stated that the employer<br />
must treat all applicants equally. The arbitrator<br />
found that he grievant did not possess the<br />
minimum qualifications and that the required<br />
rabies immunization and other abilities could be<br />
acquired after being awarded the position. The<br />
grievant was awarded the position along with<br />
any lost wages. 397 (see 392)<br />
The grievant had over 7 years seniority and<br />
applied for a posted vacancy. She did not receive<br />
the promotion which was given to a more senior<br />
employee from the agency, despite the fact that