HomeMy WebLinkAbout1986-0807.Tomassoni et al.89-12-19ONTlrnO
cNowNEuPlo”EEs
~~RIEVANCE
SETTLEMENT
,BOARD
LMROvfSof ‘* COw(ONNf
LxL’oMrAFuO
CQMMISSION DE
REGLEMENT
DES GRIEFS
J
807/86, 876/86, 878/86, 879/86, 102/86, 1063/86. 1064/86
1065/86,
1079/86, 1080/86, 1327/86. 1328/86, 1332/86,
1333/86, 13"1/86, 1364/86, 1425/86. 1535/86. 2166/86,
2410/86, 8t5/87, 1040/87, 1041/87, 1434/87, 1449/87.
151/88, 151/88
IN TfiE UTTER OP AV ARBXTRATION
Under
THE CROWN EMPLOYEES COLI$CTI"E BARGAINING ACT
Before
TNE GRIEVANCE SETTLENENT BOARD
,Between:
OPSEU (Tomassoni et al)
Grievor
- and -
The Crown In Right of Ontario
(Ninistry of Community & Social Services)
Employer
Before: R.L. Verity Vice-Chairperson
I; Thomson Nembe r
A. Merritt Member
For the Grievor:
For the Employer:
Hearings:
R. Wells
Counsel Gowling, Strathy h Henderson
Barristers b Solicitors
S. Patterson
Counsel Legal Services Branch
Ministry of Community 6
Social Services
April 24; 1389
Nay 2. 1989
June 16, 1989
September 7, 1989
September 8. 1999
2
DECISION
===‘=====o====+
In this matter, some 71 Grievers who work i,n various
Ministry offices throughout Ontario as Vocatlonsl Rehabilitation
counse I I or.5 a I lir;?P imnrnnsr classification SOCIAL WORKER 2. The
union c I’aims tnar. vocational Rehabilitation Counsellors perform
‘subst.antial Iv simi ‘lar duties” to the posit’lon of Employee
Counsellors ~emoloved bv the Ministry Of Government Services who
are classifiecl within the management compensation plan as A. M. 16
Administrative ModUle. The reclassification sought is to a
Daral lel bargaining unit classification to the cur rent
classlflcation of Emplovee Counsellor.
It was agreed that the evidence of Ms. Lorna Tomassoni
would be heard as a representative ,matter and that the
determination oft the Tomassonl grievance would diSDOSe Of all
remaining grievances.
1.
2.
Evidence was aoduced under both
the ~. c. 188s s,te.pd.Er~ s ___ @&!p~xLal, the measurement of the
grievor’s Job against the wording of the applicab1.e
class standard, and
the usa9e... .smrgasf!. name 1
class standard. mother
Y. that notwithstanding the
emp 1 oyees are performing
substantially simi lar duties who are classified in a
higher classification.
;:, .- :. XA
~....
:
::.
:
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.,., .
3
Vocatqona I RehabllltatJon Counsellors work throughout
Ontario to provide vocational rehabilitation services under the
author1 tv of tne Vocat?~o.na! Rsha_b.7I.!.tati~O.~ Act Services R.S.O.
1.980. c. 525 and the regulations thereto. The. & provides a
varietv oft services i~or a “disabled person” who by definition is “a
oerson who because of ohyslca! or mental impalrment is incapable Of
pursuinc regularlv anv substanti a I 1.y gainful occupatio,n as
determl ned !iY me re.c~~lat.inn.s”. The extensive goods and services
orovfded bv the rehabilltatlon orogram are specified in S. 5 of the
Act and as Prescribed by the regulations. The ultimate goal of
the Vocational Rehabrlitatlon Services Program is to assist any
disabled berson to secure either part-time or full-time
employment.
It would be difficult, if not impossible, in the context
of a written decision. to do justice to the mass of evidence and
arguments adduced over the course of five hearing days.
Nevertheless. we W1.I 1 attempt to summarize the evidence in some
salient respects and to p~rovlde the flndlngs of fact upon which we
base our decision.
I Rehabilitation Ihe rwrnnss ot the rms7tlon ot Vocat7ona
Counsellor 1s accurat.e.lv described In an undated
(Exhibit 3J as follows:
DOSltlOn audit
4
(’ lo
rehabi I I tate oersons to their 6Dtimum vocational
CaDacl tv whose ohysical. emotional, Or menta 1
disapi lltles Drevent them from acquiring and ma’intalning
gainful emDloyment. This 1s achieved through a program
Of assessing theTr vocational Dotentia I : determining
ellgibilitv and/or feasibi 1 ity: planning Andy
recommending assessment, training, and other vocationat
services, i.e. restoration devices and medical treatment
where needed: and, through. the CounSelling process,
enabling the client to achieve an aDproDriate vocational
goal .”
It was agreed that the Grievor’s position specification
and class allocation form accurately reflects her current duties
and resDons1oilltteS. The Summary of those duties reads as
follows:
%mmarv r,f @,ut.les and ResDonslbl I ~t~ls.s
1. Assesses the vocatIona Dotent3al of clients to
achieves thelr rehabilitation and diagnoses the
psycho-eoclal conseouences of varlous disabi 1 ities
by:
40%
--
determinlng the eligibility and feasibility
for voc/rehab. services .according to relevant
legislation. accompanying documentation,
consultation, ‘and interview impressions:
interviewing clients to determine present
needs, extent and significance of
disabilities, education, work experience,
skills, etc.;
consulting with’ members of other prOfeSSiona
dlsciplrnes (doctors, teachers, Psychologists)
to secure social and case history data of a
confidential nature:
determining the assessment resources necessary
to further define employment potential, and
subseguently engaglng the services of qualified
Drotessiona Is to Drovlde medical, educational,
psychological. and work assessments as
reaui red;
formulating vocational goals and treatment
Dlans tor clients after conslcierlng assessment
resu Its ,
5
2. Counsels clients to arrive at real~stlc vocationa’l
goals an0 ob.Tectives and implements individual
tra7nlng plans by:
45%
- explorinq preferences and possiole vocational
cno1ces based on sound know ledge of training
programs and emplovment markets:
investigating appropriate pr-e-vocational.
academic, or skill training required to meet
tne cl7ent’s needs : makTng arrangements for
training with trade, technical. and, commercial
schools, etc.:
following progress of clients during training
programs: dealing with problems of truancy,
misbehaviour, under-achievement, by utilizing
various intervention techniaues, providing
indivrdual/group counselling, and other
supportive services as need arises:
evaluating performance and progress in
training to determine modifications in
vocational plans and readiness for placement:
tacilltating referral to placement resources or
I iaising directly with employers to make
placement arransements. and providing support
and follow-up to ,determlne
terminatlon of voc/rahab. serv i
3. Promotes the development
Rehabi 1 i tation Services by:
10%;
‘- encouraging emp lovers to hir ‘e
and promoting the program
PubIlC: A,.
continuation or
ces.
of Vocational
the handicapped
to the general
maintaining liaison wim, and oroviding VRS
wo;kShopS,- and
pub1 ic speaking
etc.
consultation to hoSpita’lS,
other community agencies;
responding to requests for
engagements, panel dlsCussTons
4. Performs related duties such as:
5%
compiling and submitting month
cases to supervisor;
developing submissions for
restoratlon reduests;
as assigned.
y statistics on
training and
The repulred skills and knowledqe COmDOnent reads:
/
9:
6
MSW. M.A. In Rehabllltatlon Counsel I ing.
Master of
Education with counselling emphasis. BSW. York-Seneca
B.A. in Rehabilitative Services. the latter two both
SUGP lemented wltn re I ated experience. or other
accredited aegree in social work.. The work requires a
tnorouah knowledRe ot soc7al service and rehabllltation
prlnC7DleS. theories and techniques. with proven ability
to orxTiv cnem 7n the vocational setting: a good
kn.Jw:eq,zs :~t ?lin?strv Droqrams. policies. and services 1s
n~~~e.s~~r’.,’ a iorJP
Wltn oetal led know ledge
agencies/resources Droviding vocational
ot community
services to the
aisabled: knowledge ot the referral procedures of these
aRencies is also reaurred. The work requires knowledge
ot diagnostic and treatment procedures uti lized by
related disciolines: a working know ledge of ail
Dertfnent legTs’lation/regulations and their application
to VRS programs;~ a good knowledge of varTous.physical,
emotional, and mental disabilities and their medical,
psycho-socia.1 vocational impact: know 1 edge of
occupations and employment markets is also required.
Proven assessment, interviewing counselling, and psycho-
social diagnostic ski 11s are necessary for the
formulation, implementation, and modif ication of
treatment plans, and in order to assist disabled clients
in arriving at realistic vocational goals. Case
management and organizational skills are necessary to
anal yze client priorities ‘and meet program deadllnes.
Work requires the ability to effectively liaise with, and
maintain good working relationships with community
aRenci es, other professional staff, and potential
employers of VRS clients. Excellent verbal and written
communication skills are required in order to address
groups, prepare case history reports, and develop
suDm1s.s 7 ons for vocational training requests.
Interoersonsl ski 11s are needed in order to effectively
deal Wlt,h. and establish rapport with clients, families,
staff. schools, community agencies, employers. etc.
Lorna Tomassoni has worked’ for 11 years as a Vocational
Rehabilitation Counsellor at the Ministry’s Toronto South-West
otfice. Sne holds a M.S.W. degree from Laurentian university.
She described her duties in some conslderable detail over 2 days
7
of testimony. Ms. Tomassonl has’ a’case load of approximately 50
to 60 clients who she describes as “mostly psychiatric”. MS.
Tomassoni works under the general supervision of a supervisor who
assigns all cases. She is required to determine eligibility for
and feasibi Iity Of services in accordance with the net, the
regulat3on.s, the policies and procedures as outlined in a
comprehens 1 ve PO l,icv Manua I. As a designated senior counsellor,
MS. Tomassoni is authortzed~ to purchase private SeCtOr services as
fOl lows:
in-. .A. .,*a. ,_.~:_~%.~> ,u..-.. I.;l,;.iisA.Ls. _.., i~,.,l,__:~~ /,,. *brlsvd.-i ;.““,“‘Y.‘.‘*l”;;‘“~~~:~~,-;,,,~~~.-~~--.~
)
? SERVICE &ST LIMIT ; EXCEPTIONS
-;.-~.~-~-,---:--;-~“~~-~~~~~
n
i ASSESSMENT SERVICES> $2,000.00 : -Extensions or changes to
$8 PROGRAMS B program beyond 12 weeks
B i 1 $ i 1 -Remedial Assessments
0
i -Assessments at Post
I Secondary Educational
\ Institutions
I i -We-Placement 6’Bmployer
I 4 Assessments
f i
iJob Placement
Services I..: .: ,.,, .,,,..,, .,.,.,. ..,,...,.. ..,., :,
$2,500.00 i -Provided ,whsn unavailable
1 through Blue Cross or
private insurance
S -Consult with supervisor
3 when request is for
i! restoration services gn&
i
. .
+
:i: ,, ,..;:,
1 Y
j: Maintenance I Section 3 i during assessments
I: A I I owance 1 VRS Act 1
! i.l/ . ...-” .,.,, ~,ly ,./,,. II._y:~ll.~,l* ,,,, . *ms”I,,zm .,., .I..u.i.u*“,.w”umn;,. _LC*_il~,“_-,.II...-~,-~.,i~~l”“,IYI,IUPIIIIYI.
A Vocational Rehabilitation Counseilor is required to
JUSt7fy the need for expenditures in excess of the cost limits
soscified above. Depending on the type of reauest, the counsellor
would obtain authorIzation’ from neither the supervisor or the
Selection Committee. The Sectional Committee is composed of the
Supervisor of Vocational Rehabilitation Services, the Supervisor
of Family Benefits and a Vocational Rehabilitation Counsellor. All
rnauasts for exaendltures involving training must be brought be&e
the Selection Committee. The counsellor appointment to the
Selection Committee IS on a rotattng basis. The Committee meets
once a week and makes all declslons based on consensus.
Us. Tomassonl testified that in 1986 - 87 the authorized
expenditures for her case load alone was 674,266~CO. She estimated
that she personally .authorized one-third of those expenditures.
However, it, was her testimony that a Selection Committee had never
reJected any of hsr recommendations. She agree6 that the
counselling component of her Job, including ongoing evaluation of
clients. constituted 66% of her actual time allocation. The
educatronat comoonent of the’ job includes liaison duties with
Toronto’6 Queen Street Menta I Health Centre and liaison with
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9
severa I “half-way nouses” a8 we1 1 a8 serving onthe Advisory
Committee of two programs at George Brown College.
The c
revised on Ju
foi lows:
ass standard for the Socia
Y 4. 1971. The Dreamb
Worker Series was last
e to the series reads as
S-OslAL WORKER SERIES
This class series cove& positions in the field of
social -welfare which involve the provislon of
Drofessional social work services in provincial. programs
Of social develODment, adjustment, prevention and
rehabilitation. These direct services .assist
.lndividuais. families, groups, and communities to achieve
and maintain effective personal development and social
functioning, satisfying. inter-relationships~ and a better
social order. Employees use one or more social work
methods to assess, treat or prevent the underlying cau8es
Of social uysfunctioning, both personal and
envi ronmenta i . They develop and implement aC%IroPt-iate
social treatment Dlans and evaluate results. Social work
services are given in a variety of community and
institutional.setting5.
SCCI4L WORKER SERIES
Socx.!!4.,W2W5 a?>. :
The entry level for recruits with minimum
qualifications and no experience.
SOCIAL WORKER 2:
The full working level for qualified social workers.
10
The class standard read8 as follows
CLASS STANDARD:
SOCIAL WORUER 2
itions of qualified
1 social work serv
c I 7 ents under tne general supervi~sion of a senior
Tnls class covers the DOS
workers who prov?de professiona
social
ices to
social
worker or other proTeSslOnal oraaministrative oTricia1.
They conduct interviews, comoi le social histories and
formu late osychosoci a 1 di agnosl s of the personal and
environmental causes of social dysfunctioning. They
imn lement t.reatment clans to assist clients to resolve
tneir DroblemS and develop their maximum potential. They
orovlde service by any one or a combination of the SOCi8t
work methods appropriate to the functions of the
department and service. They evaluate the effectiveness
of the treatment Dlan and modify or revisea8~neCesSarY.
They consult with members of other professional
disciplines and may serve as members of treatment teams,
institutional and community committees. They may
supervise and review the wor~k of social work assistants,
child care workers, residential coun8ellors and other
staff in the area., They participate in conferences,and
group discussions, interpret departmental policy and
obJectives, and maintain liaison with other disciplines,
jurisdictions, and community agencies. They may assist
in the training of departmental personnel and students in
social service courses.
KNOWLEDGE AND SKI~LLS REQUIRED: --
Thorough knowledge of the principles, techniques,
and method8 of social work and ability to apply them in
the work situation; ability to formulate psychosocial
diagnoses and skill in implementing them; knowledge of
d?agnostic and treatment procedures utilized by related
dlsclolines: good knowledge of departmental Drograms and
DO1 ic1es: ability to develop co-operative working
re Ia?.Ionshlps w1 t.h other professlonal staff: personal
SUlt.RnlIltv.
11
The Union’s usage argument was Introduced with the
testimony of Inno Dube’laar, currently Special Agreements Officer
with the Ministry of Community and Social Services. Mr. Dubel aar
worked as a Vocational Rehabilitation Counsellor in gellevi1l.e for
some 6 years. He was seconded for a 6 month period to the position
of Employee Counsellor in Toronto from October 1987 to April 1988.
He agreed with the accuracy of the position specification and class
allocation form for the Emoloyee Counsellor, which reads as
follows:
20. P&.--c-se of Position
Under the direction of the Rehabi 1 itation Program
Conrainator. to de I iver counsel Ilng and educational
services to 0ntar;o Public Service (OPS) employees, and
consu Iting and training services .to OPS managers.
Specialites in services related to rehabilitation.
21. Statement of Ma.ior Responsibilities
1. Delivers Rehabilitation Program services to assigned
ministries by:
developing and maintaining liaison relationship with
mrnistry representative
interpreting Rehabilitation Program policies ana
procedures to relevant ministry staff
establishing procedures for and regularly reviewing
absences of 15+ days due to illness
consulting with. manager6 and personnel
administrators on the effective management, of sick
or disabled employee6
identifying and reporting issues and problems in
liaison to Rehabilitation Program Coordinator.
2. Coordinates Rehabilitation ‘services for assigned clients
by:
- engaging emplovees in a counselling relationship
assessing level Oft disabllity and vocational
slqniticance
12
assessing optimum services from community assessment
and treatment resources, insurance carriers, etc.
providing counselling
coordinating client’s rehabilitation assessment and
tr.eatmsnt plans
coordinatlns client’s return to employment and/or
oiacement on Long Term Income Protection.
3. Manage6 an assigned case 1 oad of emp 1’
~experiencing a varie,ty of personal and work
identlfylng, analyzing and assessing c 1
selecting and referring to appropr i
resources _
oyee clients
probleme~ by:
ient needs.
ate community
consulting wltn resources on case management
following up with cl rents to assess the
effectiveness of the counselling process.
4. Provides consulting service to selected management
clients on the handling of difficult work performance
problems by:
identifying and assessing consulting client’s needs
selecting appropriate intervention strategies
providing information and advice on appropriate OPS
procedures
coaching and guiding’ consulting clients on the
application of appropriate procedures
- following up to assess effectiveness of consulting
process.
5. ~Delivere educational sessions to OPS employees.
6. Participates in the delivery of training seminars for OPS
managers and personnel administrators.
7. Locates and evaluates referral resources for Employee
Counselling Service (ECS) clients by:
developing and maintaining a w;;;in;t;t:ationship
with assessment, treatment service
agencres. groups and individuals throughout Ontario.
The thrust of Mr. Dubelaar’s testimony was that the
client counselling component constituted
Employee COunsellOr's .job. He acknowledged
of secondment he received training in ind
“close
that dur ,i
ividual r ‘1
to 90%” of the
n9 the period
ghts to obtain
:
13
various services under the Collective Agreement, but received no
training in the provision of rehabilitation ServiCeS.
The employer called 2 witnesses - Ms. Patrice McKenzie,
currently acting .Manager, Employment Counselling Services (Ministry
Of
Government Services 1 and Gary Glassford, Vocational .
Rehabi
Social
1 itati
Servi
on Services Suoervisor (Ministry of Community and
ces).
Using the bositlon specification form, Ms. McKenzie
described the duties of an employment counsellor as rehabilitation
counsel 1 ing, general counselling, management consultation services,
employer educatron programs and child care services. Ms. McKenzie
testified that 75% of the. Employee Counsellor’s, job iWOlVeS
rehabilitation counselling,.lO% general counselling, 10% in the
provision of management consultation services and 5% in the
educational or marketing Component. She acknowledged that in the
past she had hired Vocational Rehabilitation Counsellors t0 work aS
Employee
Vocati ona
vocati ona
,1
I
Counsellors. Ms. McKenzie testified that, al though
Rehabilitation Counse 1 lot-s possessed “excel lent
rehabilltatTona1 skills”, they required training in the
area of aeneral counsellinq. The additional training took the form
of 7nstruction. In the various cl lent Ministry methods of human
resource management. in the various contracts inv.olving insurance
carr.lers. In famitlar1zation with the prOViSiOnS of the Collective
Agreement and the methods used in general counselling. Based on
14
her experlence.~ 8he estimated that Vocational Rehabi 1 i tation
Counsellors would be able to function in all Employee Counsellor
duties “after 1 year of service”. Further, it was’ Ms. McKenzie’s
evidence that she suoervised Inno Dubelaar during his 6 month
secondment to the Minlstry. She recalled that Mr. Dubelaar did not
have a typical EmDlOyee COunsellOr caseload in the absence of
responsibility for general counselling. MS. McKenzie candidly
acknowledged her unfamiliarity with the job specification of a
Vocational Rehabilitation Counsellor.
Mr. Glassford has been supervisor of Vocational
Rehabilitation Services since 1979. Ha outlined the organizational
structure ot the M?nlstry’s Toronto South-West ‘office and the
various duties reoui red of Vocational Rehabilitation Counsellors.
He emphasized that counsellors cannot tiuthorize training program
expenditures but must seek approval of any such expenditure, on an
annual basis, from the Selection Committee. He testified that as
a general rule, the more costly expenditures were for training
purposes. He disagreed with
direct authorization of expend i,
20%” Of annual exDenditures for
MS. Tomasson?‘s evidence on her
tures, In his opinion. “less than
purchase of service .would be made
directly. by a counsellor , In addition, he explained that in his
Toronto office a Vocational Rehabilitation COunSellOr must work on
the .lOP for two
Years Drlor to being cons>dered a designated
Senior Counsellor.
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The Unlon argued that the Grievor was misclassified as a
Soc7al Worker 2 orlmarily because the class standard did not
contemnlate invoivemsnt 7n the aom7nistraiion of a prov7ncial
orogram. In the alternative. under the usage argument, the job
being berformsd by a Vocational Rehabilitation Counsellors is
“substantially similar” to the job of Employee COunSellOr
classified 7n the h7gher classification. In the further
alternative, the Union seeks an order (post Berry et al) that the
Embloyer “f7nd of create” an approDriate classification for the
reoresentative Grievor. Mr. W811S submitted the following
authorities in subport of hi6 position: ~CPSEU (C. W. Cannino. et
a.1 I and_..-.M.jD&%ry of -Government Services, 558/84 (Brent); 0m
.mh_l. et~.._a_l__.am Ml.n-~.stry .N_t_h_eA.ttcr-tel..._ G@I!%l, 59 l/95 ( Samue 1 S ) :
Mi n.js&r~ofTrQK@~and LOWMAN &._a_l_..~n~., zh8
13/82, (Saltman): T.~e,..J.~age~.~-..Pe Ontario Oivisional Court in
Bre.cht and Mlnistrv ~of.. ~.C.ommu.n$_ty-_~~ Social Services, dated
December 21, 1962: me Ju_dg.em~ntof- the Ontario Divisional Court
.i .~L*mm.~....a~n.d_ -?JE.Minis.tx~.~~f Transportation and Communications,
det8o May 18, 7985: and DPSEU(Shsron
_8oard of Ontario, 7553/85 (Draper).
The employer contended that the representative Grievor
was currently broper7y, classified as a Social Worker 2. Mr.
Patterson argued that the evidence did not support a finding of
substantial similarity between the oositions of Vocational
R8habll7tatiOn COUnS877Or and Employee Counsellor. The Board was
.
16
referred to one authority: namely, QPSEU (Crockford et al) and
H1nLs.t-ry_.p_f,.-~p_nlmuni~~and Social Services, 548/83, (Roberts).
The first Issue 7s whether or not the representative
Grievor is currently misclassified. In that regard, the Board’s
.lOrl IS to asSeSR the Grievor’s actual duties and responsibilities
against the r-e levant c lass standard. The Union acknowledges that
tne counselling comoonent of the position is described in the
standard. Clearly. counselling is the core function ‘of the
Grievor’s job. However, the Board is satisfied that the Grievor
performs certain administrative responsibilities in the delivery of
the Ontario Vocational Rehabilitation Services Program that are
not contemplated by the Social Worker 2.class standard. .
On the evidence adduced, the Board finds that the Grievor
determines “eligibility” for services and, if applicable, the
“amoUnt or nature” of ‘those services pursuant to the Vocational
Rehabilitation Services Act and regulations and the Ministry’s
Policy Manual. Under S. 8 of’ the @, the “Director” has the
st.atutorv mandate to determine both the eligibility of the each
applicantand the level of services to be provided. for obvious
practical reason5, those duties nave been given to VOCatiOnal
Rehabilitation Counsellors.
Vocational Rehabilitation Counsellors have direct
authority to author 1 ze the expenditures of limited sums of money
17
for certain specified program ob.jectives. The Selection Committee
approves all training expenditures and other matters on the basis
of consensus. Accordingly, we find that the Grievor has the
effective, if not the actual authority, over the expenditure of
brogram monies. It must be said that the Grievor’s administrative
role is significant. Accordingly, we find that the Grievor’s
admin.istrative duties are beyond tnose of a typical Social Worker
as contemplated by the current class standard. Admittedly, the
preamble of the series refers to “positions which involve the
Drovision of brofessional social work services in provincial
programs”. .There 1s. nowever, a difference between involvement in
a provincial program and the partial administration of such a
program.
As indicated previously, the. Social Worker 2 class
standard has not been reviewed since July 1971. While we would
agree that class standards should be rev i se6 infrequently; they
must be subject to periodic revision in order to reflect the
current state of the art. For al
conclude that the Qrievor is misc
of the foregoing reasons, we
assified as a Social Worker 2.
However, the Board is not persuaded that the Grievor
oerforms work which can be characterised as “substantially the
same” or “suhstant 1 a I I Y slml lar” to the position of Employee
Counsellors.
.:
.
Mr. wells candidly acknowledged that the Grievor does not
oerform management consulting services which constitute 10% of the
Employee Counsellor’s Job. The Board agrees with Mr. Patterson’s
contention that a 10% difference in jobs does not demonstrate
substantial similerlty. In our opinion, there are significant
differences between the two positions. To illustrate a few of
those differences - Employee Counselll or6 are required to be
familiar with the Co118 ective Agreement in serving members of the
Ontario Public Service: Employee Counsel lors.are required to work
with insurance carrier personne 1 on a frequent basis and to
understand the nuances of insurance policies; Employee Counsellors
are required to have detailed knowledge of the various personnel
practices emo loyed bv each Ministry and to negotiate with
management on SUM issues as the returtiof L.T.I.P. employees: and
Employee Counse I lors do not determine eligibility nor do they
administer the expenditure of funds. In addition, as we
understand. Employee Counsellors need not be qualified social
workers. In the result, the Grievor has failed to persuade us as
Ilel classification claimed. ,’ to the merits of the para
However, the remedy on a finding of improper
classification is proper classification. Following the judgement
of Mr. Justice Reid in Th_e.Ju&c_lAl Review of_OPSEU (Carol Berry et
al 1 Wnd ~,Mln!str)! 0,’ comm_u_o~~~._~~d.-So.c~~~.~S~r~c~ I 211/83, the
Board’s remed,ial mandate is “to effect a proper classification”.
The exclusive autnoritv to classity employees remai.ns with. the
d
19
Employer. However, in the exercise of our remedial authority, the
Board orders the EmblOyer t,o find or create an appropriate
classification in this matter within six months of the release of
t.his decision.
It may well be that the Social Worker 2 class standard is
deemed aoprooriate with certain modifications to reflect the
Grievor’s actual duties and reSpOnsibilitie6. Alternatively, the
Employer may choose to create a new class standard.
Following the’resolution of the classification issue, the
Grievor shall be entitled to receive full retroactive COmpenSatiOn,
if any, together with interest on such retroactivity, subject to
the 20 day rule prior to the filing of the Grievance. The Board
shall remain seized in the event of any difficulty encountered in
the implementation of this decision.
DATED at. Brantford, Ontario this 19th day of December ,
1989.
‘( ,-;-I-., L A-< +
,..--*
i?. L. VERITY, Q.C. - Vice-Chairperson