CASE

Doug Starr Case Facts

The parties to the dispute are Translink and CUPE 331. The grievor Doug Starr applied for the position as a Network Analyst. After the interview process Translink awarded the position to Greg Moore another member of the bargaining unit with less seniority. The position was posted last September 13. Interviews were held in the second week of October and the position was awarded on October 25^th. Doug Starr's final score on the competition was 75% while the successful applicant scored 80%. A grievance was filled on November 1.

The grievor alleges that he was qualified for the job and because he had more seniority than Mr. Moore he should have been awarded the position in question.

Article 10.02 of the collective agreement reads as follows:

Article 10 -- Job Posting

10.01 In filling job vacancies the Employer shall give first consideration to applicants from within the bargaining unit who have the requisite qualifications for the position.

10.02 The Employer shall consider the following two factors in determining which employee is to be selected:

(i) relative seniority of the applicants; and

(ii) the ability, knowledge, training and skill of the applicant to do the job.

When factor (ii) is relatively equal as between two (2) or more applicants their relative seniority shall govern.

10.03 If none of its employees who have applied for the vacancy is qualified to fill the vacancy the Employer may engage an employee from outside the bargaining unit.

Doug Starr was born in Vancouver and grew up on the east side of Vancouver. He has been employed by Translink for the last 20 years. He has a clean employment record. Since being hired in the mailroom as a clerk, Doug has worked his way up in the organization while studying Computer Science at SFU. Doug has held several positions within the organization; help desk, reception, mail truck driver and mail clerk.

Doug Starr, is in the 3^rd year of his Computer Science degree at SFU. He has thorough knowledge of C++, Java, scheme, HTML computer languages all which were requirements of the position as a network analyst.

Doug Starr had a good reference from one of his professors at SFU in the Computer Science faculty. However, he didn't score highly in the behaviour interviewing portion of the job.

Greg Moore has been employed by Translink for only 6 years, he has a really excellent employment record. Since, being hired as a help desk clerk in the IT department, all his colleagues rave about him and his work ethic. Due to an illness, Greg has also been seconded into the Network Analyst role for 6 months.

Greg Moore has a Computer Science degree from UBC. Because of his temporary work in the Network Analyst role he performed better than Doug in the behavioural interview portion of the selection process. Hence, he scored higher and was rewarded the job.

Doug's union CUPE 331 has filed a grievance, suggesting that the position should be awarded to him as he has more seniority.

Highlighted questions to be answer for case(Doug Starr Case Facts) written ABOVE.

The theory of the case stipulates the following in LESS THAN 1 PAGE:

1. Type of case (eg. discipline, seniority, interpretation etc.).
2. Provides a VERY short overview of the KEY FACTS ONLY (if this is 8 lines or fewer that is fine!!)
3. States your idea of what really happened and what the IDEAL outcome should be.
4. Cites collective agreement articles (if applicable) and/or any key statute or case law.
5. Identifies BAMO(s) that you might agree to during arbitration.

The Best Alternative Mediated Outcome (BAMO) lists alternatives to the IDEAL outcome stipulated in your theory of the case that could be acceptable to you. You should identify at least one BAMO but there should be more than one.