Lack of Safety Knowledge Valid Reason to Deny Promotion
A unionized mechanic employed by a city applied for the position of Service Foreman-Mechanical. But a co-worker with less seniority got the job. The mechanic filed a grievance challenging his denial of the promotion. The arbitrator dismissed his grievance. One of the qualifications for the position was knowledge of the OHS laws. And the union had approved the list of job qualifications. However, the interview committee had determined that the mechanic didn’t have the necessary OHS knowledge. In addition, he didn’t have some of the other listed qualifications, such as supervisor experience and knowledge of certain computer programs. In contrast, there was no dispute that the co-worker who got the position was fully qualified [Ryan v. Moncton (City), 2014 CanLII 51635 (NB LA), Sept. 8, 2014].