HomeMy WebLinkAbout1986-0733.Marshall.90-01-24EMPLOv#SoEu COURONNE OEL’ONTARIO
CQMMISSION DE
SETTLEMENT REGLEMENT
DES GRIEFS
IN THE MATTER OF AN ARBITRATION
under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Between:
Before:
Before
THE GRIEVANCE SETTLEMENT BOARD
OPSEU (Marshall)
I Grievor
For the Grievor:
- and -
The Crown in Right of 0ntari.o
(Ministry of Health) Employer
For the Employer: J. Callas
Regional Personnel Administrator
ministry of Health
Hearing: September 14, 1989
R.L. Verity
J. McManus
D. Daugharty
Vice-Chairperson
Member
Member
E. McIntyre
Counsel
Cavalluzzo, Hayes & Lennon
Barristers & Solicitors
2
DECISION
The Grievor. Wesley Marshall, is employed at the
Penetanguishene Mental Health Centre in the position of
rece7ver”. He is currently classified as Clerk 2, Supply. In
a grievance datea Mav 16. 1986. he seeks reclassification as
Clerk 3. Supply..
The Mental Health Centre at Penetanguishene consists of
a SAL oea Psvcnint.ric Hospital comprised of two divisions - the
Regional Division which provides client psychiatric services and
the Oak Ridqe Division, a maximum security psychiatric unit.
The Centre’s stock keeping operation, known as Central
Stores ,~ is located in the TOANCHE BUILDING in then Regional
Centre. The Grievor works in the receiving area which is on the
same floor but physically separate from the Central Stores.
Subsequent to the filing of the grievance, ‘an audit
report was prepared dated May 26, 1986. That report reads, in
part, as follows:
. The receiving area consists of an enclosed
ln~r3?no clock area with three bavs, a receiving and
temoorarv retaining area and a small locked office.
Eauipment used in recelvlng area includes a weight
scale. severa I push carts, a hand pushed fork lift and
an electric pallet truck.
The Supply Supervisor is
Stores. providing genera I ‘ZEFE:Z:EiZn ‘FL t~~~e”~~~~~~
Assistants (Clerk 3. SUPPlY 1 who are assigned to a-
3
spec1t1c area of the centra I stockroom to receive,
store, issue. post and control al 1 Inventory stock.
The position under review also receives genera I
supervision from the SUDPIY Supervisor.
The purpose of the Grievor’s position is stated in the
Audit Report as follOws:
Under the general supervision of the Supply Supervisor
arovldes supplv services to hospi ta1 departments and
centralized stores by receiving, checking, shipping of
al I i terns hand led through receiving area and
maintaining receiving records systems.
At the hearing, the Grievor acknowledged the accuracy
of the Audit Report.
The Grievor nas worked at the Penetanguishene Mental
Hea I t,h Centre since 1962. Unt.7 I 1983, he was a supply assistant
in Central Stores and was classified as Clerk 3. Supply. In
1983. he applied for and obtained the receiver position with full
knowledge of its Clerk 2. Supply classification.
The Grievor was the sole wl tness called upon to
testify. Mr. Marshall elaborated upon the duties of his position
which he agreed were accurately reflected, in summary form, in
the position specification and class allocation form (Exhibit 2).
That form contains the following summary of the Grievor’s duties
and responsibilities:
85% 1.
10% 2.
5%. 3.
read:
4
SUMMARY OF DUTIES AND RESPONSIBILITIES
Responsible for. the receivinq. checking and ShlDment of
I al items handled through receiving by:
receiving and fi Iing copies of “Purchase Orders”
alphabetically, for all items on order;
checklnq each shipment with manifest for correct
count, weight and condition;
rne3ch.i nq contents ot each sh? pment with packing
slin ano recording deliverv on receiving report:
notifying suoervisor of errors or discrepancies
when detected;
obtaining signature of users when issuing items
held in receiving section;
receiving authorization from purchasing officer or
supply superVisor to return items;
preparing return items for shipping e.g. packing,
wrapping, crating, etc.;
completing return shipment report and contacting
carrier for pick-up;
bbtaining signature of carrier when pick-up made;
assigning and attaching asset numbers to new
eoulpment, furniture. etc. and recording numbers:
checking pin money orders received with debit
slip. recording invoice number of debit slip,
forwards order to consignee and debit slip to
Business Office.
Ensures receiving area is kept clean and uncluttered at
all times and employs only approved Job procedures when
handling or ‘moving goods to avoid unsafe conditions in
receiving area and in the loading and unloading of all
trucks.
RELATED DUTIES:
attending ass?!xed lectures, e.g. fire. safety,
etc.
preparing month I y Volume Indicator Report, e.g.
number of shipments received and dispatched;
as assigned.
The ski 1 1s ,and knowledge required to perform the work
Significant knowledge of the duties of a receiver
normally acaulred through several years of stockroom or
related experience. Ability to follow oral and written
5
lnstructlon and to ma, ntai n clerical records. Good
physical condition.
The class standards in question are contained withln
the Clerk SUDDIV Series. The extensive preamble to the class
standard merits repetition:
These c I asses cover the positions of employees who
.I oertorm a varretv ot clerical, manual, administrative
reoalr or ourchasing functions that are common to
sr.ockkw+pinq operat,ons In the Provincial Government
Service. If any employee specializes in only one of
the many tasks involved in the operation of a
stockroom. the position should be classified in another
series more appropriate to the type of work. For
example. oositlons concerned entirely with the clerical
recording of transactions should be al i ocated to the
Clerk, Genera 1 Series. Positions In which purchasing
is the main function should not be classified In this
series.~
Many factors, such as the maintenance of the necessary
‘ledger or other records, inventory control,
establishment of minimum - maximum requirements, etc.,
are common to al 1 stockrooms and vary significantly
only to the extent that the size of the stockkeeping
function varies. Thus, the overridrng criterion In
making allocations in this series is the size, as
defined in this preamble, of the stockkeeplng function
rather than variation In the clerical or administrative
functions associated with it.
Supervisory positions covered by the classes Clerk 3 to
Clerk 6, Supply will be assigned to one class higher in
the serves if purchasing. as defined below, is one of
the tunctions reauiring a minimum of 20% of working
t.1me.
DtFINI !IcjN:
Si ze .ot Ope~rat j.~.n.;
Because of the tremendous varlatlon in the nature and
orqanizatlon of stockkeeplng f~unctlons between
dewrtmencs.
a ,ar2% ":tll"t"~~' t;:":.::"przt:;
tne
oDeration ot
baS?s oft ComDarlson for classification Duraoses, in all
deDartments except Health and Reform Institutions. In
tne latter deDartments. Datients or inmates are often
emDloyed In stockkeeplng operations. Consequently In
Ontario Hospitals, the size. in terms oft bed capaci tyl
1s the criteria used. The s,lze alone of a Reform
Institution 1 gnores the possible existence of
industries. which complicate the stockkeeplng function,
therefore the value of annual stock turnover is used as
a basis of comparison for the determination of level.
Stockrooms having less than 100 different tvDes of
SLE!i are, for the purpose of this class series,
consldered to be equivalent to specific specialized
sections of larger stockrooms, and I the positions wi.11
be classified accordingly.
lypes of Stqc&
Each type of stock normally requires a separate bin
card and consists of a number of identical items.
An area specifically designated~for the receipt, secure
storage and issue of equl pment and/or supplies and
which requires the full-time attendance of one or more
employees. Cabinets, closets or cupboard lock-ups used
for the storing of small quantities of materials are
excluded.
W-DIARY STOCKROOM:
A stockroom which is physically separated (remotely or
by partition or as a secure compound ) from the other
supply areas and which. although operated as an entity,
forms part of a larger unit of supply organization.
specialized Section: _~~_____
A component ut7i.t of a stockroom
SDeClallZed function
large having a
e.g. plumbing supp~lies, clothing,
Ilnens, office SuDDlies, etc. which may or may not be
Dhyslca I ly separated or partitioned from ttie main
SuDDly area.
ADart from the exceD,tions mentioned above, the sizes of
stockkeeplng operations are defined as follows:
7
~m~~.!~~st.~.c.~~~~oon! - This IS a small stockroom operated
by one employee or by one employee
and an assistant.
Med! u~m ~S.tOQsyo_o_m - This IS a stockroom which requires
a supervIsor and two to four
subordlnates.
iLar3e $T.ocirii:om - A stockroom which reouires a
supervIsor and five to nine
subordinates.
wx Cs_rge.~..Stpc_k_ro~-~ - A stockroom which requires a
supervisor and a minimum of
ten subordinates.
Supervision: ./
Positions supervised include only those filled by
temporary or permanent Civil Servants or by
continuously employed public servants who report to the
superv7sor for discipline, work assignment and
administrative control. This includes al 1 clerk
SUPPlY. clerk general, math i ne operating, clerk
messenger and driver positions concerned in the overall
operatl on of the duties assigned to the stockroom
supervisor.
No credit for supervision wi 11 be given for non-
continuous help, or for employees temporarily on loan
from other organi zations. Neither is credit given for
emp I ovees who report to the supervisor purely for
administrative convenience. when these employees are
not lnvo~lved Tn the operation of the stockroom or any
of the aux~ Ilary duties assigned to It.
Purchasing:
In respect to stockroom operations involves locating
suppliers, interviewing salesmen, evaluating prices
submitted by tender, deciding on the articles to
purchase and the actual placing of purchase orders or
the submission of purchase orders to a superior for
signature. No credit can be given for the purchasing
function unless the supervisor is held responsible for
the articles purchased and the quotation prices
accepted. The automatic requisitioning of standard
Items or the ordering. of standard items from assigned
sources is excluded from purchasing under this
definition.
The Grievor’s current classification as Clerk 2, Supply
reads:
CLERK 2 SUPPLY L--
CLASS DEFINITION:
This class covers the positions of employees performing
a variety of routine manua 1 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 ot eauipment and supplies. They check incoming
shl pments anal nst weigh bi I Is for shortage and damage
3” f.rans.li.: check auantlties against packing s~lips and
purchase orders: contact suppliers regarding short
shipments, delays, back orders etc; place items on
shelves or bins, adJustins bin cards to keep perpetual
inventory. They also maintain stock ledgers or cards
showing,the receipt and issue of all articles including
the value of items on hand. They assemble orders for
author i zed requisi.tions: 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.’
-’
QUALIFICATION
1. Grade 10 or equivalent in academic training and
practical experience with ‘a good working
knowledge.
2. A minimum of. two years ’ stockroom or related
experie
.3 . Ab1 Iltv
wr1 r.r.en
clerica
persona
ce.
to follow simple, specific, oral or
7nstruction.s; ability to maintain
records: good physical ‘condition;
suitability.
The classification requested of Clerk 3, Supply reads:
9
CLERK 3. SUPPLY -__
C~LASs.~PE_FINSTLQN:
This class covers the positions of employees who alone,
maintain a very sma 1 ~1 stockroom where the record
keeping function is elementary. They are responsible
for checking that the correct amount and type of goods
are received, maintaining security, issuing stock to
authorized persons and checking stock levels.
This class also covers the positions of employees who,
under the genera.1 supervision of a high level supply
clerk are in sole charge of subsidiary specialized
technical or trade stockrooms. They requisition
supplies; ensure the careful checking of incoming
stock; the shipment of stock against authori zed
requisitions 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.
This class also covers the positions of employees
actino as croup leaders. Some of these are in charge
Of t~unctiona I units in I arge stockrooms, such as
ShlPDlng or receiving.
In all positions they assign
and check the work. or two or more subordinate
personnel.
This class also covers the positions of employees who
spend at least 20% of their working time in purchasing
as defined in the preamble of this series and who
report to. a supervisor who position has been upgraded
by one level because of purchasing responsibilities.
QUALIFICATIONS:
1. Grade 10 or an acceptable equivalent combination
of academic training and experience.
2. A minimum of three years’ stockroom or related
experience.
3. Abi I ity to follow specific written and oral
instructions; a good knowledge of the type of
stock involved; ability to maintain records;
good physica I condition; supervisory abl lity;
personal suitability.
Revisea. February_-1~SSS
10
The union argued that the Grievor is currently
misclassified and would be appropriately classified as Clerk 3,
Supo Iv .under elt,her tne tlrst or second paragraphs OT that class
definition. In t.he alternative, Ms. McIntyre requests an Order
!DOSt Berry) that the Employer “find or create” an appropriate
classification for the Grievor. The Employer contends that the
Grievor is currently proper I y classified as Clerk 2, Supply.
Numerous arbitral and judicial authorities were submitted by the
!
parties.
It must be said that the class definitions in question
are somewhat dated. Indeed, the Clerk 2, Supply class standard
was last revised in September 1965 and the Clerk 3; Supply in
February 1969.
It appears that the Clerk Supply Series is
designed to apply to stockroom attendants and does not
contemplate the specialized position of shipper-receiver working
alone in a separate area with responsi bi I i ty to maintain
security, to receive and ship a complex range of goods, equipment
and supplies. Simply stated, the Grievor does not function as a
stockkeeper or stockman.
I The preamble of the Series specifies that the class
standard is designed for employees “who perform a variety of
clerical. manual, administrative, repair or purchasing functions
that are common to stockkeeping operations”. Admittedly,
shipping and recelvlng are common to stockkeeping operations.
11
However 1 the preamble a.1 so specifies that ” i f any employee
specializes in only one of the many tasks involved in the
operation of a stockroom, the position should be classifi~ed in
another series more appropriate to the type of work-.
The Board is satisfied that the Grievor IS
misclassified as Clerk 2. Supply which by definition is designed
to cover “the nnsit1on.s ot employees performing a variety of
routine manual and clerical duties in stockrooms”. The evidence
estab I ished that the Grievor is a shipper-receiver and not a
stockman. The Grievor does not place items on shelves or bins,
nor does he adjust bin cards to keep perpetual inventory, or
maintain stock ledgers or cards showing the receipt and issue of
al I articles and the value of items on hand - al 1 of which are
contemplated in the Clerk 2 class definition.
Simi larly, the Clerk. 2, SUPPlY class definition does
not encompass many of the Grievor’s duties such as security,
packaging and shipping responsibilities.
However. the Board is not satisfied that the
‘classification claimed is an appropriate classification to
adeauately ref I ect the Grievor’s actua I duties and
responsibilities. In our opinion, the Grievor’s office cannot be
characterized as -a very small stockroomW as contemplated by the
first paragraph in the Clerk 3 definition. Similarly, the
12
Crlevor’s oftice is not a “subsidiary specialized technical or
trade stockroom” as specified in the second paragraph of the
Clerk 3 class def~inition. Rather, the evidence satisfies us that
Mr. Marshall’s small office can be properly characterized as a
security area for the short term safekeeping of certain items, a5
for example drugs and narcotics.
In summary, .the Board finds that the Grievor is
current’ly misc’lassified as Clerk 2, SUPPlY. However, for the
reasons stated, we cannot agree with the Union’s request for
reclassification as Clerk 3, Supply.
Fo I lowin the release Of the Ontar i 0 Division Court
Judgment 1 n March 1966 in ,OPSEU (Carol Berry et al) and Ministry
of Community-and Social ..-.___-. - Services, it is now clear that the
emDloyer has both the right and the obligation to properly
classify all employees. Accordingly, the Board orders the
Employer to find or create a classification for the Grievor which
accurately reflects his duties and responsibilities within six
16) months from the release of this decision. fin addition, the
Grievor shall be entitled to full retroactive compensation, if
applicable, to twenty (20) days prior to the filing of the
grievance.
The Board retains ,lurisdiction on the appropriateness
13
of the Employer’s reclassification of the Grievor and on the
quantum of compensation payable..
Dated at Brantford. this 24thday of January, 1990.
R. L. VERITY, Q.C. - Vice-Chairperson
I. I 1. ,.' i\..: L,, ,
J. MCMANUS - Member
“I dissent” (Dissent to follow)
D. DAUGHARTY - Member