Employee Grievance, Seniority, Qualifications, Onus of Proof, Job Vacancy
Employee Grievance alleging improper filling of posted vacancy.
The issues: The first issue is: under this collective agreement, who determines whether the employees have "relatively equal qualifications"? Second, what is the meaning of the phrase "relatively equal" qualifications? Third, who bears the onus of proving that qualifications were or were not relatively equal? Fourth, what are the qualifications required for the job here in question? Fifth, and finally, were the grievor's qualifications "relatively equal" to those of the employee who got the job?
Re Textile Workers Union and Lady Galt Towels Ltd (1969), 20 LAC 382, 1969 CanLII 1498 (Can LA) (Arbitrators: I Christie, V Skurjat, GB Lawrence).