Candidates Deemed Equivalent - The 10% Rule

The Collective Agreement states "where applicants are demonstrably equal, the senior applicant shall be awarded the work assignment"  (Article 11.03).  Aside from equal scoring in a hiring assessment, there are other factors that contribute to candidates being "demonstrably equal". 


The 10% Rule


Although not explicitly included in the Collective Agreement,  it is an established labour law principle that a bargaining unit member is deemed to be a relatively equal candidate to all those who score within the next 10% above that member.  


For example,    

  • Joan and Bob are the top two scoring applicants on the hiring assessment template. 
  • Bob scores 70 out of 100 and has 2 seniority points. 
  • Joan is within 10% of Bob's score; therefore, they are deemed to be relatively equal candidates. 
  • As Joan has more seniority points, she is awarded the work assignment. 

 

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