HomeMy WebLinkAbout1987-2319.Reuters.90-03-07 ONTARIO EMPLOYES DE LA COURONNE
GROWN EMPLOYEES DE L'ONTARIO
GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNDAS STREET WEST, TORONTO, ONTARIO. M5G 128-SUITE 2100 rELEPHOIVEE1-rtdPHONE
180,RUE DUNDAS OUEST, TORONTO, {ONTAAIO)M5G 1Z8-BUREAU 2100 (416)598-0688
2319/87
IN THE MATTER OF AN ARBITRATION
Under
THE�`tkOWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before-.
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN:
OPSEU (Reuters)
Grievor
and —
The Crown in Right of Ontario
(Ministr-y ,of Government Services)
Employer
BEFORE: B.B. Fisher Vice--Chairperson
M. Lyons Member
D. Clark Member
FOR THE M. Ruby
GRIEVOR: Counsel
Gowling, Strathy & Henderson
Barristers & Solicitors
FOR THE R. Little
EMPLOYER: Counsel
Hicks Morley Hamilton
Stewart Storie
Barristers & Solicitors
HEARING: July 31 , 1989
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This is a classification case. The grievor is employed as a Senior Lease Project Officer for the
Ministry of Government Services.
At the time of the grievance he was classified as a Real Estate Officer 1 (REO 1).
The Union sought to introduce evidence of the fact that subsequent to the filing of the grievance,
the grievor's position was changed by Management and that this evidence is admissable to show that the
REOI classification is incorrect.
Management's position is that this evidence is inadmissable as it occurred after the filing of the
grievance and furthermore, to allow the introduction of this evidence would discourage employers in the
future from trying to resolve these matters if it then prevents them from arguing that the original
classification was correct.
This Board is quite wary of allowing the introduction of evidence regarding events occurring after
the date of the grievance as to do so would enable both parties to "tailor" future events in order to
maximize their position at the arbitration hearing. For example, if the grievor stated that he should be
reclassified because he was performing some supervisory duties, then management could, after the filing
of the grievance, tape away those supervisory duties and plead this fact at the arbitration hearing. The
parties could also lead evidence of how the job changed between different hearing dates of the
grievance. Presumably, the case could never finish as each side sought to introduce evidence of what
happened the day before the hearing.
A classification grievance may be a continuing grievance but that only goes to the question of
timeliness and retroactivity, it is not relevant to the question of admissability of evidence. In a
classification grievance we are solely concerned with what the grievor was doing at the time he filed
the grievance. It is therefore of no assistance for us to take into account events occurring after the
filing of the grievance, even events such as a subsequent reclassification by the Employer. In any
event, the classification selected by the Employer is only its opinion, which in reality is no more
relevant than the Union's opinion of what the right classification is. It is for this Board to determine
_2 _
if the Employer's decision is the right one, for we owe deference to the Employer's opinion as we do in
a competition case.
For the reason stated above, this Board rules that the evidence regarding the subsequent change in
the grievor's classification is inadmissable.
Both parties agree that the Job Specification set out in Appendix "A" (the Class Allocation has
been deleted) is an accurate description of the grievor's job duties at the time of the grievance.
The relevant class standards for Real Estate Officers are set out in Appendix "B" to this decision.
The Union's position is that neither REO 2 or REO 3 are appropriate classifications and that we
should issue a Berry order telling the Employer to create the necessary classification.
A review of the preamble makes it clear that distinction to be used between the different levels is
not based on the type, number or size of the tasks undertaken but rather the ranking is based on the
following factors:
a) . Responsibility for committment of funds and the amount committed.
The evidence shows that the grievor has no ability to commit funds
unilaterally, however, neither does his supervisor, Mr. Way, Manager
of Metro Toronto Region, nor does Mr.Jackson, Head of Leasing Services Branch.=;
In fact, it seems only the person who has the authority to commit funds is the
Assistant Deputy Minister. However, the grievor certainly recommends the
eommittment of funds, and his recommendations involve large amounts of money as
he works mostly on large rental projects;
b) Responsibility for developing,modifying, implementing and evaluating policy and`
procedures:
This category is covered in part by the paragraph entitled "Undertakes special
leasing projects and studies" in the Job Specification. In addition, there was
evidence of the grievor that he was responsible for preparing a manual on how to
prepare a leasing proposal;
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c) Responsibility for evaluating other employee's work;
The job specification makes it clear that part of his job is to provide
technical leadership and support for a group of Leasing Branch personnel.
d) Total administrative responsibility, and the size of the unit administered:
Although it is unclear what is meant by"administrative responsibility", this
probably covers his duties in relation to the overall procedure of seeing leasing
projects from beginning to end. His unit consists of five Leasing Officers, making
it one of the largest units in the Province.
e) Whether the responsibilities of a particular position encompass one
or more of the functions tabled above:
The functions referred to are as follows:
i) appraisal of property;
ii) acquisition of property;
iii) disposal of property; w_
The Grievor performs items i and ii.
The real problem in this series is that originally it had six levels, but now there are only three.
Therefore, the preamble contains the following statement:
'This is a six level series and positions at the fourth,fifth and
sixth levels are completely responsible, on an organization wide
basis,for all activities relating to the specific functions
allocated to them. They report to either the head or the assistant
head of their respective property organization".
However, there is no Class Definition for a REO 4,5, or 6.
It is clear that the Grievor is clearly not a REO I or REO 2, insofar as his duties and
responsibilities vastly exceed the ambit of those class standards.
The real issue is whether or not an REO 3 is a best fit or should a new classification be created.
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Upon a review of the evidence it seems that the grievor does not fit well into the REO 3 category
for the following reasons:
a) he is completely responsible for all the activities relating to
the specific function allocated to him, that is, the leasing of
major projects in Metro Toronto. This is referred to in the preamble as being
characteristic of levels 4, 5, and 6 of the REO series;
b) he reports to the Manager of Metro Toronto Region, Leasing Services
Branch who is turn reports to the Head of the Leasing Services Branch;
This fulfills the requirement in the preamble that a REO 4, 5 or 6
report to either the head or assistant head of a respective property organization;
c) the REO 3 is under the direction of a Senior Real Estate Officer. This does not
seem to cover Mr. Way's position as he is the Manager of Metro Toronto Region.
In fact, it more closely matches the grievor's own title,which is
Senior Lease Project Officer;
d) the REO 3 standard talks of the employee being responsible for a major
I
element of a function,but the grievor is in fact responsible for the function (i.e.
leasing) itself;
e) the REO 3 standard also talks about positions at Head Office that
involve acting as assistants to the Senior Real Estate Officer in a
relatively small specialized property unit. As noted above, the
grievor is not the assistant to the Senior Real Estate Officer, in fact
he is likely the Senior Real Estate Officer himself. Nor is the
responsibility for leasing in Metro Toronto a "relatively small
specialized property unit" as best as we can tell from the
evidence lead in this case.
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For all the reasons above therefore, the Board issues the following order:
1. The Employer is to find or create a classification for the Grievor which accurately reflects his
duties and responsibilities.
2. This reclassification is to be completed within three months from the release of this decision.
3. The Grievor is to be entitled to full retroactive compensation to twenty days prior to the filing of
the grievance including'interest at the rate of 10%in accordance with the decision in Hollowell House
Ltd. and SIEU(1980) 1 O.L.R.B. Rep 35,
4. The Board.retains jurisdiction on the appropriateness of the Employer's reclassification of the
Grievor and on the quantum of compensation payable.
DA-TED at Toronto this 7th day.of March , 1990.
B . FISHER - VICE-CHAIRPERSON
/ ?
M. LYONS� Member
-D. CLARK . - Member
. DUi1BIT N0.,. Position Specibcstion & pass Allocation-= 515(
(Refer to back of form for comphWon instructions)
APPENDIX "A"- )n For CSC tario Dots feuived Pravioue aerial number New sulai,umber
idle only
Pori it alFor Islets Project Officer ositlon 18-4800-33 1la»Rp.ra.,
.ft.Krs.Work IR,P•T•Posn.only) Ciae� it. ftaaaw wort pod Sa a w nere•as appnwaa.l Cpkta) uneti
e A
W.❑ > ❑ w.,�.r❑ rw 13
Jpersod o itl nisi Advis= Leasing Poutipn caas18-4800-33 Close*1-ens 01002
.nistry Division
Gaverrnent Services Relalt]r
anch and socil Location raeog.L=Cock
Leasing Services Branch Ferguson Bloc[ 5th Fl= 59501
t.of places Provides group leadership to: immediete Supervisor's title upery liars t c
4 No.of postst ns No.of waste 1g-4g�.01
DIRECTOR M4STNG SEMCES
Pytpdss of rtionol s this pus dog�xiati in t�
ZI1@ �e �"' s p� L1♦Z7 3S provide leadership undlatakixq of advaric>na
level lease negotiation projects, to provide leers tmining and technical guidwm to
Leasing services Branch personuxl and to ea cwt special lease studies w'd projects.
D1.t UT1QE;'aQia �i�plvi u1Br�'�lgy.�h t tI I to t of tlme�Ti71Il it ]IItt� Ie�1
of the province, the negotiation and of leasing projects tfhich era
significant in their size, omplexity, public profile and fimnciel iminct to the
govenzierit by:
- establishing, interpreting and er" =gaiancs of Iessars with terms and
conditions for large and canplex leiasfs=
- resolving problems concerning the respective obligations of the leesDas and the
lessees;
- p=piarinq proposal calls and terders, negotiating settlers and enszriM that
obligatiew of the lessor regarding renovations, time schedules and related
costs are clearly specified;
- regatiating settlerents of isquit" leases vdh ne several leases nett' post in one
building, each with different terms and conditions amid expiry dates, and wherle
time limitatiolss may be restrictive in obtaining a r+easa:able settlementr
- appraising leasehold interests in real property, evaluating special elements of
canper�ations and tleantiart g settlements in the procurese st or discharge of
lease agreements wherfa there are significantly large financial oaamitm nts in
terms of space rental, operating cost and tax escalations and leasehold
ialpzzxr�ts:
- interpreting the terms and conditions of legal agreements to determine the
zxstractual abligatians of lessor, sixth as in the on of tacceptakilp service
in heating, ventilation, air conditioning and janitorial services, related
engineering surveys to determine the nature and extent of proialems, and the
responsibility for the payment of the =ats.of stuveys as well as rlspnirs;
(cont'd)
•In7SZL ' P� al'L �a1S1'[l@ JAW w [lndleejyart ale all Anop,lkeppllcablrli[itlsarlY
s as it applies to leasing trends and devel Within all areas of the �pravirne
strong negotiation skills are required to resolve difficult cases and establish
(aant'd).
:i4ru Im n Supervisor .Date Ministry 111 Do"
Day Month Yaw Day month Yaer
s SuperAsoe'tN Type Off 1'a n And Ntla
D. Dimotor
:lass al loutiors Cosa title � 4qa code low"b""wwwo "n"Rber 1 sEflsetlw data Dsy Month Yew
01004 AD-f6 Ol 04
�e Classified this position in accordance with the VWil a Commhsbn Classification Standards for the following rtewrs:
corks under the direction of the Leasing Menager-and coordinates advanced-level lease
negotiation projects vhich are significant in their size, complexity, public profile and
financial impact and undertakes special leasing projects and studies;
provides technical leadership and support for a group of Leasing Services Branch
personnel;
-equires an extensive knowledge of the Real Estate Market particularly as it applies to
Leasing trends and developments and strong leadership and technical skills to organize
ind monitor work projects and provide lease training and guidance to personnel.
azure o autho iu t ate
ype evelwtor's name
Day Monttr Yew
1.10721 w. 1951
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ITPIES AND d \
i
2. Provides cal l . support for a groan of Leasing Services Branch
Personnel
- analyzing �71n:irxj eeds for Leasing Services Branch personnel, designing
Orientation and training programs to meet these. needs and coordinatiM thie necessary
resources for seminars on an ongoing basis;
- assigning work activities to UrrIsrfill Imam Project Officers, =nitorigg the
progress of lease negotiation projects and providing technical guidance as required;
- providing technical advice and guidance to IEase Project Officers in the negotiation
And implementation of difficult and coaplex leasing projects;
- undertaking all responsibilities in the resolutions of arbitration cases;
- providing resource services to Leasehold Administrators as requested and required.
3. Undertakes special leasing projects and studies by:
coordinating and analyzing technical data and resource information (e.g. office and
special purpose space, Ministerial enquiries, feasibility studies) to advise
management ofspecial projects and to assist the Branch in taking a proactive stance
in the marketplace;
facilitating the implementation of leasing plans and new initiatives by researching
political and eouncmic ooditions and financial forecasts to meet regional business
priorities;
conducting confidential studies rig the long term availability of space within
the Province to,verify the feasibility of long term aaoamsodatian plans;
researching terms, conditions and effectiveness of competing market opportunities in
the leasing field and r options arxVor actions plans in specific problem
areas;
- identifying acceptable economic options in such area as forced relocations,
consolidations to recommend appropriate actions to Leasing Management;
analyzing existing lease related operational problems and recommending changes for
improvement in such areas as advertising and procurement prooedLmms, leasing
documentation and procedures.
4. Performs other duties as assigned such as:
participating with the Regional s in the preparation and conducting of
seminars and meetings to meet specific demands from clients and/or other resource,
groups to promote goals of the Teasing Brands within.the marketplace and related
industries;
-
assuming duties and responsibilities of the Regional Manager, Leasing as mired.
fKIUS AND (cont'd) r
precedents for the branch. The positions requires the skill and ability to undertake
research studies and to analyze and forecast trends in the Leasing field. Strong
leadership and technical skills are required to organize and monitor work projects and
provide lease training and guidance to Teasing Services Brunch personnel. Project
management skills and knowledge are required to market, plan and coordinate lease
i projects. This advanced knowledge and skill level would generally be acquired through
graduation in economics, commerce or urban Iard E==ics and the completion of real
estate courses such as Real Estate Law, Institute of Leasehold Acquisition Course I and
II, the Design, Operation and Maintenance of Building Systems Part 1 and 2 (Peal Property
Administration program administered by Building Owner Managers TntAznational), and
Facilities Planning and Project Management (Facilities Management P., gra% administered by
Building owner Manager-.s International) in addition to extensive experience in the real
estate field with specialized experience as a Teasing officer preferably in varied regions
of the province.
ps4800-/Sa
CATEGORY: Administrative Services
s GROUP: AD-O6 Property Assessmer
SERIES. Real Estate officer
APPENDIX "B" 1 GLASS CODE: 00999-01004
CLASS STANDARD: .
PrRYk
REAL ESTATE OFFICER SERIES
This class series covers the positions of those employees w•ho are involved in
managing the property programs of a number of Government Departments. Their duties
include the determination, application and evaluation of policy and procedures;
the review and interpretation of legislation; assigning to and evaluating the work
of subordinate staff and Fe: Appraisers; setting priorities; and the training of
staff. Their technical responsibility ccnsists of one or more of the folla•�n;
in :rder of importance:
1) The appraisal of property (lands or buildings) prior to ne;otiaticns far
purchase, lease or sale.
2) Negotiation for, and the acquisition of property either by purchase, leap:
lease flack, or lease purchase, for use by Government Dzpart:rents, Agencies, Cars-tis��.
and Boards.
3) The selling or lea-sin; of surilus Government property t.- t.,.e pun !-:Z the
transfer of property between departments, the .relocatioa or
the setting of rants and sellln pr1ces; and the provision Ci
for vendors (Property- Management) .
�... These functions vary In degree from department t0
rev--re the ipp 1 _on Jr n:l.".+"1J33J Jf appraisal and ne3ot.at_.'1
. �egiee. � n soli JSiC1J,^.5 CndSe eTlr_.VeeS ila':e auCl'•J1'i't- ;, c:i-^'L: ..,n_':
wi:haut reference to hi-,her aut.lOrZ 1h athdr& Chzq .make recO.77-,enZacioriz
wlll:.h declsions Ire made to commit government funds.
As geographical considerations, organizational patterns, operational and
a:.:=nlStra.tive policy, the type, number, and size of transactions undertaken,
va-y considerably between departments, the grade description method of evaluatian
ii inarDrcpriate; instead the rankiri_ tech i;ue %,-as used. Each class is, therefore .
a a-;.upin_ of ,positions deemed to be of ,equal value on the basis of the factors
in-:cated belck. Fstur-j positions will. be evaluated by comparing tk em with C'nose
it ::1e zriginal ranked hierarch~' and slottin- accordingly, rather- than using the
vie s descriptions.- For inclusion in this series future positions must of course
met. the prevailing criteria tar etc usion ,.he a�aining urilt.
Ranking is based on the following factors:
a) responsibility' for corral tm=:nt of funds, and the amount ccmRitted .
b} responsibility far developing, modifying, implementing and a.aliiatin_
policv and =roce.iures .
c) responsibility for evaluating at:-er ampioyeers -work.
EXHIBIT No.., ,.
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CLASS STANDARD: CATEGORY: administrative Services
• GROUP: AD-06 Property Assessmea-
• SERIES: Real Estate Officer
CLASS CODE: 00999
REAL ESTATE OFFICER 1 (BARGAINING UNIT)
CLASS DEFINITION:
This class covers the positions of those employees who, under
the direction of amore senior Real Estate Officer or other unit
official, performs a variety of duties relating to the appraisal,
acquisition and management of property, either in the field or at
a departmental head office, at the junior management level.
Lz some positions, as heads of areas or regional -sub-units,
these employees are responsible for the direction and supervision
: of a number of technical staff, r+t:o carry out one or more of the
functions of the property units in the Ontario Government. In
some cases, they may commit funds for the purchase or lease of
property. In other instances, in this regard, responsibility is
limited to the making of recommendations for the _leasef_-
o� property or .or a granting of loans by the Y for Farmer Loan
Board. In other positions at a�epax office, these
.eapoyees may be responsible for a limited specialized area of
activity, such as relocation and air rights, re 1 and disposal o_ .
properties, special negotiations with other epartr.ants, ccmmissions,
ut Sty companies and Liaison on special projects such as .banici;al
expressways. Responsibility, however, includes the development,
implementation and review of procedures and -the assessment of :xsrk
carried out by other mear:ers of the the organization.
KNOWLELGE XM SXILLS:
Demonstrated technical competence requ.Lred at this level, with
the ability to communicate clearly, both orally and in writing.
Supervisory and management ability at the junior level, good judgement
and tact.
Revised
5eoteacer 1980.
C.XTZGORY: Administrati7e Services
GROUP: AD-06 Property Assessment �
CLASS STANDARD: SERIFS: Real Estate officer
CLASS CODE: 01002
REkL_ESTATE OFFICER 2,
This class covers the positions of those employees who, under the direction
of a more senior Real Estate Officer or other unit official, performs a variety
of duties relating to the appraisal, acquisition and management of property,
at the intermediate management level.
In some positions, as supervisors of Area or Regional Property Units,
comprised of from two to four sub-units, these employees are responsible for
the direction and supervision of a number of technical staff, 'who are
assigned duties relating to one or more of the functions of the unit. They
may be located permanently in the field, or work out of 'the head office of the
property organi_ation. They may also act as a sistants to the supervisors of
very large property units, comprised of more than four sub—units.
In other head office positions, these employees are responsible for the
activities relating to specific elements of one or more of the functions of
the unit; such as arbitration and expropriation; review of negotiating procedures
in cases of unresolved difficulties, for settlement or referral to arbitration;
the review and investigation of claims for damages; and other special assiaramen,_, .
These employees may spend a considerable time in the field, and work entails
the review of work methods and procedures, recommending, changes, and assisting
in implementation. They may commit funds of up to $10,000, either as to—signer,
or on individual signature wit out r.e erence to fil; er aut ori
SKILLS XND KNOW-LEDGE REQUIRED:
I. Demonstrated technical competence required at this level.
C. . The ability to communicate clearly, both orally and in writing.
3. Well developed supervisory and management ability, good judgement, tact.
}4IXL'MUM STAFFNG STANDARDS:
E.iucation — Grade 12
OR
Accreditation in the Appraisal Institute of Canada (AACI) or the equivalent,
such -as accreditation in the:
TPIC — Town Planning Institute of Canada
CIQS — Canadian Institute of Quantity Surveyors
RIS Royal Institute of Chartered Surveyors
OR
Graduation in a closely related field, from a Community College.
,f `
2. - Several years of experience as a Property Agent or !teal Estate Officer in
a department of the Government of Ontario, or the equivalent in experience
gained elsewhere.-
June 1963
CATEGORY: Administrative Services
GROUP: AO-06 Property Assessment
CUSS STANDARD: SERIES: Real Estate Officer �
Czars CODE: 01004
REA. ESTATE OFFICER 3
denior his class covers the positions of those employees who, under the direction
of Real Estate Officer, perform a variety of duties relating to appraisals,
property acquisition or property management, at the more senior levels of
-management.
In some positions these employees are responsible for the direction and
control of all of the activities relating to a major element, of a function of
the property organization, such as Urban or Rural appraisal, or the general
review of, appraisals and agreements . They are responsible for developing and
implementing procedures : and: for reviewing the -work of tore junior staff, for
adherence to procedures, and for general proficiency.
In other positions at 'read office, these employees act as assistants to the
senior Rea.. Estate Office in el' t'vel s s ecza Sze proper y_un� , a
are responsible for the day—today direction and supervision of subordinate staff.
n sti at er positions t ase emp ovees are responsible for the supervision and
direction of a very large Regional or Area property unit comprised of more than
four sub—units .
SKILLS AND h_NiN'LEDC E REQ�IIRED:
1. Demonstrated technical competence required at this level.
2. The•ability to cormunicate clearly, both orally and in writ-6.1g.
3. A high degree of supervisory and management abilirr: good .,judgement.. tact_.
141N-r-1 N. STAFF C4G STANDARDS:
1. Education — Grade 13
OR
Accreditation in the Appraisal Institute of Canada AACI) or the equivalent,
such as accreditation in the:
TPIG - Tarn Planning Institue of Canada
CIQS - Canadian Institue of Quantity Surveyors
RIS - Royal Institute of Chartered Surveyors
OR
Graduation in a closely related field, from a Community College.
2. Many years of experience as a Property Agent or Real Estate Officer in a
department of the Government of Ontario, or the equivalent in e_x perience
gained elsewhere.
June 19,69