Nb Power Collective Agreement
“I have no doubt Harris` sincerity when she said that leadership is what led her to choose Lapointe for the position. She never questioned the fact that (Robichaud) had the same skills and qualifications as Lapointe and that he could have done the superior`s job. However, it found itself in a dilemma and had to decide, after a rigorous selection procedure, which of the two candidates who were linked should be selected. Harris, as the employer`s representative, exercised management`s discretion under section 3.01 of the collective agreement, without discrimination or bias, and took into account a relevant factor that led Lapointe to choose the position. “If skills and qualifications are equal, it is the service that is decisive. If skills and qualifications are equal and the service is identical, other relevant factors are taken into account (non-service time, previous drama tasks, previous experience, opportunity time, student time, etc.). “Article 17.06 of the Agreement reads. On February 28, Robichaud and the International Brotherhood of Electrical Workers (IBEW), Local 37, mourned the decision and accused the employer of violating section 17.06 of the collective agreement. But when asked if he has more leadership qualities than Lapointe, “I don`t question the fact that Terry Lapointe had better leadership qualities than I did,” Robichaud said. Lapointe was rated “highly recommendable”,” while Robichaud was rated “recommended”. Their seniority dates were the same day, and since everything was so close, Barb Harris, director of the inventory, planning and operations department, and Jennifer MacPherson, personnel specialist, discussed who should be the winning employee. Reference: NB Power and Canadian Office and International Brotherhood of Electrical Workers, Room 37.
Michel Doucet – referee. Clarence Bennett for employer. Brenda Comeau for employee. 12 June 2019. 2019 CarswellNB 245 Based on the responses received at the “validation meetings” and his proven “leadership capabilities,” Lapointe achieved the position he had begun on Jan. 18, 2018, Harris said. The management position was to “monitor the inventory warehouse and remote sites; Identify, implement and communicate improved or new processes and monitor physical security and storage expenditures to ensure efficient operation of NB Power storage operations for the northern sector of the province,” the publication reads. The winning candidate had “better leadership”: Grievor Robichaud had a lot of supervisory experience at NB Power and other jobs, so he should have been given more consideration, he testified. In addition, between 2001 and 2005, he had more experience in the Belledune camp, which was more than Lapointe, and he had more than two years of experience with NB Power on the grounds and facilities, which Lapointe did not do. Once all applications were processed, seven candidates were selected for the final process, including Robichaud and Terry Lapointe, who eventually became the winning candidate.
The answers and grades were entered into a computer program that counted the scores for the candidates. Robichaud and Lapointe were the two highest-rated candidates, with Lapointe just ahead of Robichaud in the performance ranking category. On December 21, all candidates were interviewed and passed the “validation sessions,” which meant they were all qualified first. “If the employer had considered the colour of the worker`s shirt at the `assessment meeting`, this would not have been a `relevant factor`. However, the consideration of staff `leadership skills` can be considered a relevant factor.