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HomeMy WebLinkAbout1986-0446.Sears.88-03-28Between IN THE-MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD OPSEU (Jack Sears) And The Crown in Right of Ontario (Ministry of Community h Social Services) Before A. Barrett, Vice-Chairman I. Freedman, Member F.T. Collict, Member For the Grievor T. tiadwen COUllSel CP.VallUZZO, Hayes & Lennon Barristers & Solicitors .For tbe ETpl@pr D.. Costen Counse 1 Xinistry of Community & Socia! Services October 14, 1987 December 16, 1’35; Grievor Employer I i ,Y - 1 - The grievor claims he is improperly classified as a Clerk2, Supply and should properly be classified as a Clerk 3, Supply. Mr. Sears works in a food stockroom called "Day Stores" at the Huronia Regional Centre. This room is about 25 feet square and stocks less than 100 varieties of perishables for issue and delivery to five foodservice user areas. The kitchens operate on a predetermined four week menu and it is the grievor's jobto review the daily menu sheet prepared by the Head Chef and to compile orders for food stocks from the "Main Stores" nearby in order to meet the daily needs. All of the food items are received in Main Stores; then allocated to Day Stores by means of a master requisition sheet. Milk and milk products are orde-red.directJy.bythe grievor four times a week and delivered directly to Day Stores. The grievor has worked in Day Stores for about eighteen.years, always as a Clerk 2, Supply, and his regular shift is 6:30 a.m. to 3:00 p.m., Monday to Friday. Also working in Day Stores is another Clerk 2, Supply, Mr. Sowden, whose regular shift is 8:00 a.m. to 4:30 p.m.. Mr. Sowden's main job is to look after the meat. He cuts and portions it out to the various foodservice areas. Both men share the responsibility for the security and maintenance of the area, but generally work independently of each other, with neither supervising the other. The grievor, by all accounts, is an exemplary employee. Not only does her perform all of his job functions in a highly satisfactory manner, but uses his own initiative to suggest food substitutions to the Chef and to check the main kitchen supplies to ensure that stocks are kept at appropriate levels. He might alert the Chef to incipient shortages or advise of an oversupply. The Head Chef i - 2 - ., ., supervises the grievor. We heard evidence of Mr. Len Bertram who was the Head Chef until 1984 and he had very commendatory things to say about the grievor. Mr. Bertram testified that the grievor "runs a very tight control centre"; needed little supervision; and offered helpful suggestions for standardising recipes and correcting standard requisitions where an over-or under-supply existed. Up until about 1980, there was a Clerk 3, Supply in charge of the Day Stores. When the incumbent, Mr. Leigh, retired he was not replaced. It appears that Mr. Leigh was ill for some time before he left the job and the grievor, who had been doing most of the work anyway, simply carried on with the job afterwards. The Class Standard for the Clerk Supply series states in its preamble that ' the overriding criterion in making allocations in this series is the size, as defined in this preamble, of the stock- keeping function rather than any variation in the clerical or administrati\ functions associated with it." In defining size, the preamble goes on to define a small stockroom as one which is operated by one employee or by one employee and an assistant. There are further definitions of a "subsidiary stockroom" and a "specialised section", each of which could describe Day Stores. We make note of these definitions because the Class Standard for Clerk 3, supply into which the grievor wishes to fit himself mentions a "very small stockroom" which is not specifically defined in the preamble to the Clerk Supply series Class Standard. Certainly, the stockroom in question is small in relative terms and the outcome of this grievance does not turn on its' precise definition . ? - 3 - in terms of size. The real issue in this grievance is whether the grievor can fit himself into the class definition for Clerk 3, Supply and take himself out of the class definition for Clerk 2, Supply. The class definit,ion for Clerk2, Supplyreadsas follows: " This class covers the positions of employees performing a variety of routine manual and clerical duties in stockrooms. Under general supervision, they carry out a number of the various tasks connected with the receiving, storage, handling and distribution of a wide variety of equipment and supplies. They check incoming shipments against weigh bills for shortage and damage in transit; check quantities against packing slips and purchase orders; contact suppliers regarding short shipments, delays: back orders etc; place items on shelves or bins, adjusting bin cards to keep perpetual inventory. They also maintain stock ledgers or cards showing the receipt or the issue of all articles including the value of items on hand. They assemble orders for authorized requisitions; tag and address shipments; contact the conveyor and complete necessary records for the transaction. This is a terminal class for employees who perform in a supply area, simple clerical duties in conjunction with tasks requiring the frequent application of considerable physical effort or the operation of mechanical equipment." The Union asserts that the grievor performs all of these functions, and more. In particular that definition and the co-ordinate position specification for the grievor's job do not give sufficient credit fcr the judgmental aspects of the grievor's core duties, nor the fact that the grievor performs all of the duties set out in the class definition and not just "a variety" of them. The relevant portions of the Clerk 3, Supply class definition are as follows: This class covers the positions of employees who-alone, maintain a very small stockroom where the record keeping function is elementary. They are responsible for checking that the correct amountandtype of goods are received, maintaining security, issuing stock to authorised persons and checking stock levels. This class also covers the positions of employees who, under the general supervision of a higher level supply clerk are in sole charge of a subsidiary specialized technical or trade stockroom. They requisition supplies; ensure the careful checking of incoming stock; the shipment of stock against authorized requistions and the security of the stockroom. The responsibility for these stockrooms is a full time occupation often including the repair and adjustment of technical equipment." (underlining ours) The definition also goes on to describe employees who act in supervisory capacities over other employees or who spend a minimum of twenty percent of their working time in purchasing. It is not contended that the grievor falls into either of these categories. In our view, the presence of Mr. Sowden, the other Clerk 2, Supply person in Day Stores, sharing the security and maintenance functions with the grievor precludes the grievor from fitting himself into the Clerk 3, Supply class.definition. The fact that the grievor shows initiative in suggesting substitutions or pointing out under-or over-supplies emphasises his superior abilities for the job: but does not make him responsible for those duties. ri - 5 - We have reviewed the Leworthy case (GSB # 26/80) and agree with the statement of settled law set out therein at page 7 as follows: II . . . a position ought to be accorded the classification in which the duties to be performed in that position meet the compensable factors differentiating that classification from the one immediately below it." In order for the grievor to fit within paragraphs one or two of the Clerk 3, Supply class definition his position must involve all of the compensable features required by it, and one of the compensable features is that the ~grievor be "in sole charge" or must "alone maintain" a stockroom. In the alternative to its argument that the grievor ought be to classified as a Clerk 3, Supply, the Union suggested that if we find the grievor fits in neither the Clerk 2 or Clerk3, Supply category we should declare that he fits into neither category and order the employer to re-classify him properly as was ordered by the Ontario Divisional Court in an unreported decision in the case of OPSEU (&Berry)v The Crown in Right of Ontario (Ministry of Community and Social Services (1986). We do not find that this is a case where the standard classifications have become obsolete and a new classification is required. We find that the grievor's duties are a close fit with the Clerk 2, supply class definition and with the position specification for his job. The position specification marked- as exhibit 4 at the hearing was prepared two months after the grievance was launched, but was agreed to be in all essential elements the same as the position specification issued in 1982, which was in effect when the grievance was launched. - 6 - Accordingly, the grievance is dismissed. Dated at Toronto this 26th day of march, 1968 F--- Anne Barrett, Chairman / . -~ ~..~ I. Freedman - Member -F.T. Coll~%- Member '