The Education Ministry has refused to go to arbitration over its new hiring practices, The Royal Gazette has learned.

And it is expected to announce the names of the three deputy principals of the new senior secondary school this week.

The announcement will be made despite a bid by the Bermuda Union of Teachers' to delay appointments to those and other top posts within the upcoming senior and middle schools because of a new testing policy introduced by the Ministry.

The Ministry -- which earlier this year declared all teaching posts in high schools vacant to create new posts for Cedarbridge Academy and five middle schools -- introduced a standardised test after 17 people applied for the three deputy posts.

One part of the test dealt with the applicant's occupational profile while the other dealt with aptitude.

The Ministry explained that the test -- provided by the Personnel Services Department -- was the only way it could short-list the applicants and ensure that the best people for the jobs were hired.

Applicants were also to be selected based on their curriculum vitae, a letter explaining why they believed they were best for the posts, and interviews.

But according to BUT organiser Milton Scott, teachers, including Northlands Secondary deputy principal Randolph Benjamin, have objected to the test.

Teachers believed the testing was another process designed to eliminate certain teachers from the system; unethical and dishonest, and unfair, considering they were only given two days notice and no time to prepare, Sen.

Scott said.

Teachers also questioned why principals and education officers "who are in theory required to have a higher degree of competency'' were not tested.

The union has filed a grievance against Education Permanent Secretary Marion Robinson and Chief Education Officer Joseph Christopher on the grounds that they breached the terms and conditions of teachers employment of the collective agreement set out in the 1991 Dunch Award.

It has also called for the standardised test and personality profile to be removed as part of the application process for deputy principals and "any other position of responsibility''.

"Teachers applied for these posts with a clear understanding of what was involved in the application process and it is unfair employment practice to alter this process on a unilateral basis,'' Sen. Scott stressed, adding that the BUT should have been consulted before the implementation of the test.

Ministry, BUT deadlocked over hiring tests But the Ministry has maintained that the selection process was consistent among applicants and fair and that the tests will allow them to ensure that the best qualified and most suitable applicants were chosen.

Responding to the BUT's grievance in a letter dated October 9, 1996, Dr.

Christopher stated: "It is the contention of the Department of Education that the Ministry did follow proper procedures in the advertising and filling of the posts at the middle and senior levels. It is a further contention of the Ministry that the details of the selection procedure are not matters in which the Ministry is required to seek input from the BUT.

"The Ministry is required to ensure that persons who apply for a post are able to satisfy the requirements for that posts.

"The Ministry must use reasonable methods to determine that the applicant satisfies the requirements of the post, but may change these methods from time to time as new information is made available to the Ministry.

"I cannot agree that the standardised test and the personality profile should be removed from the selection process.'' The union therefore wrote to Labour Relations Officer Glenn Fubler on October 14, requesting that the matter be referred "immediately'' to arbitration.

"Time is of importance in this matter as the Ministry is proceeding ahead irrespective of our request to have the testing suspended while it is resolved through the grievance procedure,'' Sen. Scott stated. "Additionally, some teachers have not taken the exam as a matter of principle and are awaiting the outcome of the grievance procedure.'' The union also wrote to Dr. Robinson the next day, asking her to reconsider plans to announce the appointments of deputy principals that week.

But Education Department senior manager of Human Resources Raymond Latter told The Royal Gazette : "It is my expectation that there will be an announcement very shortly.'' And Mr. Fubler has informed the BUT that the matter falls under the scope of the Public Service Commission.

Therefore, he said, the union had "the right'' to contact PSC secretary and director of Personnel Services Judith Hall-Bean for a "fair hearing'' of the matter.

The BUT disagreed that the issue came solely under the PSC.

It argued that the issue fell within the parameters of the collective agreement. And it stressed that it can prove "beyond any doubt'' the Ministry breached "their responsibilities in relation to the terms and conditions under which teachers are employed by failing to adhere to the Dunch Award to which they agreed to be bound''.

The 1991 Award, among other things, recommended that "all new positions and the procedures for applying to a post of responsibility should be discussed in the Combined Consultative Committee in order that the ABUT (now the BUT) and ASP (Association of School Principals) are fully informed and are provided the opportunity to make their recommendations''.

"This ruling is clear and we are not able to comprehend why the Ministry of Education will not abide by the ruling,'' Sen. Scott stated. "Dr.

Christopher's statement in his letter highlights the Ministry's contempt in relation to this matter...

"It continues to amaze us that senior civil servants in the Ministry of Education and now Personnel Services would behave in such an irresponsible manner.

"They have in a clearly calculated manner made a mockery of the spirit of our voluntary system of collective bargaining.'' Stressing that the Ministry was bound by the Dunch Award, he further stated that if Mrs. Hall-Bean, Dr. Robinson, and Dr. Christopher felt their position on the matter was correct, then they should not be "overly concerned about the matter going to arbitration''.

Sen. Scott said the BUT was seeking to have Mr. Fubler organise a meeting between union officials and Mrs. Hall-Bean to discuss the dispute.

However, he added: "We understand that if the meeting with Mrs. Hall-Bean fails to resolve the matter, the issue can still be sent to arbitration under our Collective Agreement.'' Sen. Scott pointed out that the union did not normally release details about grievances while they were going through the resolution process.

But he explained that it decided to go public with details of the grievance because the issues surrounding it had already been publicly discussed; the Ministry was refusing to go to arbitration on the matter; and the livelihood of many of its members and the integrity of the union's Collective Agreement were at stake.

He also accused the Ministry of being among the worst employers in terms of labour relations.

"Contrary to what people think Government is one of the worst employers when it comes to labour relations,'' Sen. Scott said. "Education is one of the primary culprits. Since we've had the Dunch Award, we've seen our rights eroded.'' Sen. Milton Scott