HomeMy WebLinkAbout1988-1461.Smith.90-10-12 ONTARIO £MPLOYF. S DE LA COURONNE
CROWN £MPLO YEES DE L 'ONTARIO
GRIEVANCE C,OMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
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1461/88
IN THE MATTER OF AN ARBIT~TION
Under
· " THE CROWN 'EHPLOYEE~ COLLECTIVE. BARG~tINING ACT ·
Before
THE GRIE~'ANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Smith)
Grievor
The Crown in Right of Ontario
(Ministry of Correctional Services) ~_.
Employer
BEFORE: J.H. De%lin Vice-Chairperson
I. Thomson Member
D. Walkinshaw Member
FOR THE J. Hayes
GRIEVOR Counsel
Cavalluzzo, Hayes & Lennon
Barristers & Solicitors
FOR THE J. Benedict
EMPLOYER Manager
Staff Relations & Compensption
Human'Resources Branch
Ministry of Correctional Services
HEARING July 10, 1989
July 4, 1990
August 29, 1990
1
In the grievance which is dated November 22, 1988, the
Grievor, David Smith, claims that he is improperly classified as '
a Clerk 2, Supply and requests reclassification as an Industrial
Officer 1. The Clerk, Supply series cOvers positions of
employees throughout the Public Service whereas the Industrial
officer series applies only.to positions within the Ministry of~
Correctional Services. The class standards for the Clerk 2,
Supply, the Clerk 4, Supply and the Industrial Officer 1 are as
follows:~
PREAMBLE
~'C~ERK SUPPLY SERIES
These classes cover the positions of employees who perform a
variety of clerical, manual, administrative repair or purchasing
function~ that are common to stockkeeping operations 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, positions
concerned entirely with the clerical recording of transactions
should be allocated to the Clerk, General 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
minihum - maximum requirements etc...are common to all stockrooms
and vary significantly only to the extent that the size of the
stockkeeping function varies. Thus, the overriding criterion in
making allocations in this series is the size, as defined in this
preamble, of the stockkeeping function rather than any variation
in the clerical or administrative functions associated with it.
Supervisory positions covered by thg.classes Clerk 3. to
Clerk 6, Supply will be assigned to one class higher in the
series if purchasing, as defined below, is one of the functions
requiring a minimum of 20% of the working time.
DEFINITION:
Size of Operation:
Because of the tremendous variation in the nature and
organization of stockkeeping functions between departments, the
number of staff required for the operation of a particular unit
is the only practical basis of comparison for classification
purposes, in all departments except Health and Reform
Institutions. In the latter departments, patients or inmates are
often employed in stockkeeping operations. 'Consequently in
Ontario Hospitals the size, in terms of bed capacity, is the
criteria used. The size alone of a Reform Institution ignores
%he possible existence of industrieS, which complicate the
stockkeeping 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 types of stock
are, for the purpose of this class series, considered to be
equivalent to specific specialized sections of larger stockrooms,
and the positions will be classified accordingly.
Tvpes of Stock:
Each type of stock normally requires a separate bin card and
-consists of a number of identical items.
Stockroom:
An area specifically designated for the receipt, secure
storage and issue of equipment 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.
SUBSIDIARY 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 unit of a large stockroom having a specialized
function e.g. plumbing supplies, clothing, linens, office
supplies, etc. which may or may not be physically separate or
partitioned from the main supply area.
Apart from the exceptions mentioned above, the sizes of
stockkeeping operations are defined as follows:
Small Stockroom -This is a small stockroom operated by
one employee or by one employee and an
assistant.
'Medium Stockroom -This is a stockroom which requires a
supervisor and two to four subordinates°
Large Stockroom -A stockroom which requires a supervisor
and five to nine subordinates.
Very Large Stockroom -A stockroom which requires a supervisor
and a minimum of ten subordinates.
Supervision:
Positions supervised include 6nly those filled by temporary
or permanent Civil Servants or by continuously employed pubic
servants who report to the supervisor for discipline, work
assignment and administrative control. This includes all clerk
supply, clerk general, machine operating, clerk messenger and
driver positions concerned in the overall operation of the duties
assigned to the stockroom supervisor. '
No credit for supervision will be given for non-continuous
help, or for employees temporarily on loan from other
organizations. Neither is credit given for employees who report
to the supervisor purely for administrative convenience, when
these employees are not involved in the operation of the
stockroom or any of the auxiliary duties assigned to it.
Purchasing:
In respect to stockroom operations involves locating
supplies, 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 functions unless the supervisor is held responsible
for the articles purchases and the quotation prices accepted.
The automatic requisitioning of standard items or the ordering of
standard items from designed sources is excluded from purchasing
this definition.
CLERK 2, SUPPLY ....
CLASS DEFINITION:
This class'covers the positions of employees performing a
variety of routine manual and clerical duties in stockrooms
'4
Under general supervision, they carry our a number of the various
tasks'connected with the receiving, sro'rage, 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 and issue of
all articles including the value of items on hand. They assemble
o~ders for authorized requisitions; tag and address shipments;
contact they conveyer and complete necessary records for the
transaction.
This is a terminal class for employees who perform in a
supply area, simple clerical duties in cgDjunction with tasks
requiring the~frequent-application of'considerable physical
effort or the operation of mechanical equipment.
QUALIFICATIONS:
1. Grade 10~or equivalent in academic training and practical
experience with ~ good working knowledge.
2. A minimum of two years' stockroom or related experience.
3. Ability to follow simple, specific, oral or written
instructions: ability to maintain clerical records: good
physical condition; personal suitability.
CLERK 4, SUPPLY
CLASS DEFINITION:
This class covers the positions of employees who, under
general supervision, have full responsibility for the operation
of a small stockroom where the work volume may require one full-
time assistant. They ensure the careful checking of incoming
stock; the shipment of stock against authorized requisitions,
and the security of the stockroom. They decide minimum maximum
requirements; requisition supplies; keep a perpetual inventory;
maintain all necessary ledger records and prepare reports of the
operation for the supervisor~
This class also covers the positions of employees in charge
of a specific specialized section of a large stockroom, involving
supervision of two or more subordinates~ the maintenance of all
stock records in their area and the completion of reports for
their, supervisors.
This class also covers positions of. employees who are second
in charge of a large stockroom where the organization is not
broken down into recognized units as above. To qualify for this
classification positions must have continuous responsibility for
the efficiency of the operations, work assignments and solution
of day to day problems and would assume supervisory charge of the
stockroom during the supervisor absence.
This class covers the positions of supervisors in reform
institutions in charge.of centralized stockkeeping operations
with an annual stock turn-over value of less .than $150,000.
This class also covers the positions of supervisors in
'charge of a centralized stockkeeping operation in Ontario
Hospitals with fewer than one hundred beds.
OUALIFICATIONS:
1. Grade l0 or an acceptable.equivalent of academic training
and experience.
2. 'A minimum of four years' experience in stockroom work.
3. Ability to maintain records and follow specific written and
oral instructions; a good knowledge of the type of stock
involved; good physical condition; supervisory ability;
personal suitability.
INDUSTRIAL OFFICER 1
CLASS DEFINITION:
Employees in positions allocated to this class instruct and
direct an assigned group of inmates in the processing in volume
of various products, food, clothing and maintenance supplies at
reformatories and industrial farms. These duties to not require
skills to the level of the designated trades.
They share responsibility with their supervisors, and with
any custodial officers assigned, for the security and work
performance of inmate helpers.. They ensure the observance of
safety precautions, demonstrate methods, and assist in
maintaining quality control and in meeting production schedules.
They submit reports on any irregularities and make
recommendations for changes in routine or for disciplinary
action. They ensure the proper use of equipment and direct and
assist in necessary repairs. In most positions they participate
in all operations supervised in order to demonstrate and maintain
reasonable work standards.
OUALIFICATIONS:
1. Grade 8 education, 'preferably Grade 10; practical knowledge
of skills related to the work to be performed.
2. Two years of satisfactory related experience, part of which
may have been on custodial duties.
3. Supervisory and instructional ability related to the kind of
~_~_~__~ork to be performed; ability to deal effectively with
~nmp~es; ability to assess standards of inmates' industry
and conduct.
Since July of 1985, the Grievor.-has been employed as a
Stores Clerk at the Burtch Correctional Centre, a minimum
security institution located near Brantford, Ontario. The
institution generally houses approximately 200 inmates who have
been sentenced to reformatory terms.
The Grievor works in the stockroom where he reports
to Carol Guilfoyle, the Storekeeper. Ms. Guilfoyle is classified
as a Clerk 6, Supply and also has an outstanding classification
grievance pending before the Board. Ms. Guilfoyle reports to
Robert Stuart, the Office Manager and he reports, in turn, to the
Superintendent, Mr. Moclair.
There are two departments in the stockroom; one for'
institutional stores and the other for industrial stores° The
industrial stores consist of raw materials such a sugar, salt,
labels, cartons and cans which are'used in the institution's
cannery. The raw materials are ordered by the Storekeeper who is.
7
also involved in planning with respect to cannery production.
Taking into account both the institutional and the industrial
stores, the annual turnover in the'stockroom for 1988/B9 was
approximately $2,200,000.
The cannery is located adjacent to the ~s~tock~o~a~nd
operates year round except for the period from April to July,
during which there is a maintenance shutdown. The products
produced in the cannery include canned fruit and vegetables,
fruit juices, jam and pie filling. The personnel in the cannery
consists of the Cannery Manager, two employees classified as
Industrial Officers who supervise inmate helpers assigned to the
production line and a number of Correctional Officers who are
responsible for .the inmate count.
Empty cans are fed into the cannery from a track which
originates in the upper level of the stockroom. Inside the
cannery, the product is canned and the cans then travel along a
track into the stockroom where they are checked to ensure that
they are properly sealed and were not damaged or dented'during
the production process. The'cans are then labelled, placed
boxes, palletized ~nd stored in rotating stock. Canned goods are
shipped from the stockroom to other institutions on demand.
The evidence indicates that, as a matter of
convenience, the Grievor and Ms. Guilfoyle each assume
8
responsibility for one of the departments in the stockroom.
There are, however, some duties, such as the purchasing of
industrial stores, which are performed entirely by Ms. Guilfoyle
who'has overall responsibility for the stockroom. The Grievor's
duties fall into two categories: one involving stockkeeping
duties and the other involving duties relating.to the cannery
operation. The Grievor also performs the functions of both the
Storekeeper and the Canteen officer during periods of vacation,
illness or other absences.
The stockkeeping duties performed by the Grievor
include receiving and checking incoming shipments of goods,
maintaining appropriate records of goods received and issuing
goods to various areas of the institution. The Grievor also
monitors and maintains inventory levels, maintains recreation
substores; maintains and issues cleaning Supplies and monitors
and regulates levels of usage. As well, the Grievor assists the
Storekeeper in receiving industrial stores and arranging for the
shipment of canned goods.
%
The Grievor testified that some of the stockkeeping
duties, such as those, which involve maintaining records, are
performed entirely by himself and Ms. Guilfoyle. 'Similarly, only
'the Grievor and Ms. Guilfoyle operate the tow motor. Other
stockkeeping duties, however, are performed with the assistance
of inmate helpers, in this regard, the evidence indicates that
9
inmates are assigned to the stockroom on a daily basis from 8:00
a.m. to 11:30 a.m. and from 1:00 p.m. to 3:30 or 4:00 p.mo While
in the stockroom, inmates work under the supervision of Ms.
Guilfoyle and the Grievor as a consequence of which Ms. Guilfoyle
and the Grievor each receive the custodial responsibility
allowance provided for in the Collective Agreement.
When the cannery is not in production, there are
generally two to three inmates assigned to the stockroom.daily.
They assist in unloading trucks, s~ocking shelves and moving
stock items with the use of hand trucks and battery operated fork
lifts. They also obtain gas under supervision and assist in
packing and delivering orders (with the exception of drug orders)
to various areas of the institution.
When the cannery is operating, there are generally
eight or nine inmates assigned to the stockroom on a daily basis.
One inmate is assigned to feed the empty cans into the cannery
· and the other inmates work in the packing room where they check
and label cans coming from the cannery. They also package the
cans into boxes which they tape and palletize. The boxes are
then moved into the storage area by Ms. Guilfoyle or the Grievor
using a tow motor.
Both the Grievor and Ms. Guilf6yle testified that there
is a high turnover of inmates assigned to the stockroom as a
10
consequence of which they are constantly-involved in training.
The Grievor also testified that many of the inmates are poorly
educated and have limited work skills such that they require
ongoing instruction and supervision.
In the course of his evidence, the Grievor reviewed the
class standard for the Industrial OfficerL 1 and testified that
this standard accurately reflects his job duties. In this
regard, the Grievor testified that.be'instructs and directs
inmates in the processing of canned goods and other stock items
which must be distributed to various areas of the institution.
Together with Ms. Guilfoyle, the Grievor is also responsible for
the security and work performance of the inmates assigned to the
stockroom. The Grievor and Ms. Guilf6yle evaluate the
performance of these inmates and their evaluation may reflect on
each inmate's record at the institution.
The Grievor also ensures the observance of safety
precautions and assists in maintaining quality control by
inspecting the cans coming from the cannery. Ms. Guilfoyle
testified that this inspection is particularly important because
a dented can may explode in the storage area and cause
considerable damage.
In addition, the Grievor must meet production schedules
by ensuring that the appropriate cans are fed into the cannery
11
and that the canned goods are labelled and packaged as they come
off the track from the cannery. Ms. Guilfoyle testified that
when the cannery is in operation, she and the Grievor may spend
up 80% of their time involved in duties relating to the cannery
and, during these periods, servicing the cannery is their first
priority.
The Grievor testified that he also prepares reports
relating to cannery products and changes in routine as well as
reports on the inmates whom he supervises. In addition, the
Grievor ensures that proper use is made of equipment and performs
minor repairs as necessary. Finally, the Grievor demonstrates
all operations including the labelling and packaging of cannery
products and has himself performed these duties.
Also called to give evidence in support of the
Grievor's claim for reclassification was Robert Stuart, the
Office Manager at the Bu~tch Correctional Centre to whom Ms.
Guilfoyle reports. Mr. Stuart testifiedthat, inhis opinion,
the Grievor performs duties beyond the classification of Clerk 2,
Supply. It was Mr. Stuart's view and that of a number of other
members of management at Burtch as well as a member of the
Ministry's Regional staff that the Grievor should be reclassified
as a Clerk 4, Supply.
7
12
The issue then is'whether the Grievor has made out a
claim for reclassification as an IndustrialiOfficer 1. In
addressing this issue; the first task of the Board is to
determine whether the Grievor is' properly classified as a Clerk
2, Supply and for this purpose, it is necessary to measure the
Grievor's job duties against the relevant class standard. The
Clerk'2, Supply class standard applies to employee~.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. These
tasks are more particularly described in the ~lasS standard.
In our view, the class stahdard for the.Clerk 2, Supply
generally describes stockkeeping, duties of the nature performed
by the Grievor. It does'not,.however, accurately .reflect the
measure of independence or responsibility with which the Grievor
performs these duties, nor does it take into account the
requirement for the Grievor to perform the functions of the
Storekeeper in the absence of Ms. Guilfoyle. In the result, the
we finds that the Grievor is not properly classified as a Clerk
2, Supply.
In these circumstances, it is necessary to consider the
class standard for the Clerk 4, Supply as this was the
classification believed to be appropriate by local management at
13
the Burtch Correctional Centre. This standard covers the
positions of employees who are second in charge of a large
stockroom where the organization is not broken down into
recognized units. Employees in such positions must have
continuous responsibility for the efficiency of the operation,
work assignments and the.solution of day-to-day problems. These
employees also assume supervisory charge of stockroom during the
supervisor's absence.
Although the preamble to the Clerk Supply series
defines a "large stockroom'' by the number of staff required for
the 'operation, it also indicates that in reform institutions,
such as the Burtch Correctional Centre, the value of'annual stock
turnover is used as a basis for comparisoh. In fact, it was on
the basis of stock turnover that Ms. Guilfoyle testified that the
stockroom at Burtch is considered to be a large stockroom. If
this is the case, then it can be said that the class standard for
the Clerk 4, Supply recognizes the leVeI of responsibility.
exercised by the Grievor in relation to his stockkeeping duties.
It also appears to. recognize the requirement for the Grievor to
perform the duties of the Storekeeper in the absence of Ms.
Guilfoyle.
Moreover, to the extent that the Grievor is required to
direct inmates in the performance of stockkeeping duties, we
agree with the Employer that he is appropriatelyLcompensated by
14
the payment of the custodial responsibility allowance. ·This
allowance is payable to employees in classifications such as
those in the Clerk Supply ~eries which do not already take into
account responsibility for the control of inmates where the
employee is required for the major portion of his working time to
direct inmates engaged in beneficial labour.
The Grievor, however, spends'a significant amount'of
his time instructing and supervising inmates in duties relating
to the cannery operation and, in particular, in feeding the cans
into the cannery and labelling and packaging the canned goods
which come along the track into the stockroom.. In the Board's
view, these duties are more closely associated with the cannery
operation than with stockkeeping and, therefore, are not co%ered
by the positions in the Clerk Supply serieS. For this reason,
the Grievor cannot properly be classified as a Clerk 4, Supply
and this cannot be remedied Dy the payment of the custodial
responsibility allowance.
In the circumstances, then it is necessary to consider
the class standard for the Industrial officer 1. This standard
covers the positions of employees who instruct and direct inmates
in the '"processing in volume of Yarious products". On this
basis, the Employer submitted that the standard applies only to
employees who are engaged in the production of a product. As the
.Grievor is not involved in the production process, the Employer
15
contended tha% his claim for reclassification as an Industrial
Officer 1 must fail. It is apparent, howeuer, that ~t the Burtch
Correctional Centre and at the Toronto West Detention Centre,
there are Laundry officers who are classified as Industrial
Officers, although it cannot be said that employees in the
Laundry are engaged in producing a product.
In any event, even if the Grievor could s~tisfy this
initial criterion of the Industrial Officer 1 class standard, we
are of the view that the Grievor is not properly classified as an
Industrial Officer 1. Admittedly, the Industrial Officer 1 class
standard outlines certain duties of the type performed by the
Grievor in relation to the cannery operation. Nevertheless, just
as the Clerk 4, Supply class standard fails to recognize the
duties associated with the cannery operation, the~ Industrial
Officer 1 class standard fails to recognize the Grievor's
stockkeeping duties. In the Board's view, these latter duties
are not encompassed by the Industrial officer 1 class standard.
In the result, the Board finds that this is an
appropriate case in which to issue a Berry order directing the
Employer to establish a classification for the Grievor which will
take into account his stockkeeping responsibilities as well as
his duties pertaining to the cannery operation.
16
Before concluding, however, it is necessary to
consider the Board's earlier award in Wheeler and The Crown in
Right of Ontario (Ministry of Correctional Services) G.S.B. File
#166/78. That case involved a.claim for reclassification by the
incumbent of the Stores Clerk position at the Burtch Correctional
Centre which is presently occupied by the Grievor, Mr. Smith. In
that case, Mr. Wheeler was also classified as a Clerk 2, S~pply
and he claimed reclassification as a Clerk 4, Supply. That claim
was rejected by the Board which found'that the class standard for
the Clerk 2, Supply accurately described Mr. Wheeler's job
duties. Although the Board also found that Mr. Wheeler performed
some duties'beyOnd his classification, the Board determined that
he did not fit within the Clerk 4, Supply class s~andard and
ac6ordingly, his grievance was dismissed.
In the Board's view, the.outcome in Wheeler was 'based
upon an examination of the duties performed by the Stores Clerk
at the Burtch Correctional Centre at the time Mr. Wheeler filed
his grievance. This was approximately ten years prior to the
grievance which was filed Mr. Smith. Not only has there been'
some change in'the Board's jurisprudence since that time but a
memorandum from Mr. Moclair, the SUperintendent of the Burtch
Correctional Centre, indicates that there have been significant
changes in the duties of the Stores Clerk in recent years. The
evidence also indicates that there has'been an increase in the
duties relating to the cannery.and,, in fact, no reference is made
to these duties in the Board's earlier award. It is on account
of these duties, however, that the Griever cannot properly be
classified within the Clerk Supply series.
In the result, we direct the Employer to establish a
classification for the ~rievor which properly reflects his job
duties and to compensate him accordingly. ~The Board expects this
reclassification to be undertaken expeditiously and shall remain
seized for purposes of implementation~of this award.
DATED AT TORONTO, this 12thday of· October, 1990.
Vice-Chairperson
: I. ,Th'om$on, Member
D. Wa~kinsha~, Member