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HomeMy WebLinkAbout1989-0614.Smith.90-02-20 ONTARIO EMPLOY~'$ OE 1.4 COUFiONNE CROWN EMPLOYEES DE L'ONTARIO GRIEVANCE C,OMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, TORONTO, ONTARIO. M,.SG 1Z8 - SUITE 2100 TELEPHONE/T~L~'PHONE 180, RUE DUNDAS OUEST, TORONTO, (ONTARIO) M,SG 1Z9 - BuREAu 2100 (4'16) 598-0688 614/89 IN TBE HATTER OP AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: OPSEU (Smith) Grievor - and - The Crown in Right of Ontario (Ministry of Correctional Services) Employer Before: S.L. Stewart Vice-Chairperson J. Solberg Member A. Merritt Member For the Grievor: S. Ballantyne Counsel Cavalluzzo, Hayes & Lennon Barristers & Solicitors For the Employer: M. Galway Staff Relations Officer Human Resources Management Ministry of Correctional Services Hearing: November 20, 1989 DECISION The grievor, P. Smith, is employed at Millbrook, a maximum security correctional facility, where he is classified as an Industrial Officer 1. Mr. Smith has been employed by the Ministry of Correctional Services since 1971 and has worked in the tailor shop, one of four industrial shops at Millbrook, since 1978. The grievor is one of two employees who works in the tailor shop. The other employee is J. Finan, who is classified as an Industrial Officer 3. Both of these positions are in the bargaining unit. Mr. Smith grieves that his ~osition is improperly classified and that it should be classified as a Industrial Officer 2 rather than Industrial Officer 1. Accordingly, the settlemen% requested by the grievor is that his position be re-classified from Industrial Officer 1 to Industrial Officer 2 and that he be compensated accordingly. Between 20 and 25 inmates are trained and supervised in the tailor shop and 70% of the clothing needs province wide for the Ministry are produced. Mr. Smith stated that since 1986 the number of inmates in the shop has increased, along with the level of production, although his essential duties have remained unchanged. Production takes place in a line flow process and all of' the operations are carried out in one room. Mr. Smith testified, that he works primarily in the felt lock area of the ~ailor shop. There is not a separate production schedule for 2 this area and production in this area is governed by the overall schedule of the shop and the flow of material to this area. The felt lock machine is a machine that binds seams. Mr. Smith testified that the operation of this machine requires some skill. He was uncontradicted in this evidence. There are 4 machines in the area and accordingly, there are up to 4 inmates that Mr. Smith supervises in the area. However, all of the machines, are not in constant use. Mr. Smith stated that Ms. Finan assigns inmates to the area but that he assigns duties to inmates within the area and that he is responsible for checking the quality of each garment. He stated that he also checks work that had been performed previously when the garments come off the felt lock machine although .he acknowledged that the garments are checked first by Ms. Finan before he obtains them and that Ms. Finan is also responsible for checking the final product before. it leaves the shop. Mr. Smith also acknowledged that he was assigned to this area by Ms. Finan and Could be reassigned at any time. He is responsible for the service and maintenance of the machines in the felt lock area but acknowledged that a decision with respect to sending a machine out for repair would be made by Ms. Finan. Mr. Smith also supervises part of the flat bed area of the operation, with the other part being supervised by Ms. F~nan. MS' ~naN and Mr. Smith also share supervision of other sewing machines in addition to the operation of the steam press, cleaning and trimming operations as well as the folding and bundling of the finished product. Along with the training of inmates, Mr. Smith is required to warn or otherwise discipline inmates. His role in this regard will vary from a verbal warning to a written report which requires the inmate to appear before the institution's superintendent. W. Burgomaster, Assistant Superintendent of Industry and Services with Millbrook, has overall responsibility for the industrial programs at that institution, including the tailor shop. Mr. Burgomaster testified that in 1978 the position of the second Industrial Officer in the tailor shop was re-classified from an Industrial Officer 2 to Industrial Officer 1. At that time, Mr. Burgomaster was the Co-ordinator of Industry and Maintenance at Millbrook and in that capacity was responsible for the operations of the tailor shop. He stated that it was decided to change the responsibilities of the position that had been classified as an Industrial Officer 2 position. Previously, the incumbent had been directly responsible to him for particular areas of the tailor shop. The only specific area that Mr. Burgomaster was able to refer to in cross-examination was lay- OUt, which he acknowledged, took place in the same room as the other operations and was not subject to a separate work schedule. 4 AS well, the Industrial Officer 2 was directly responsible for major repairs. At that time many more major repairs were carried out in the tailor shop rather than at the present time when the equipment is sent out for repairs. In this area as well, the Industrial Officer 2 was held directly accountable to Mr. Burgomaster for his responsibilities. As a result of the re- organization in 1978, at the time Mr. Smith was brought into the position, the position was re-classified to Industrial Officer 1. Mr. Burgomaster explained that at this time, the Senior Industrial Officer assumed overall responsibility for the tailor shop and that the direct responsibility for designated areas and the ~epair responsibilities were taken away from the other position. The Senior Industrial Officer was assigned all of the management function's. These include responsibility fo~ the budget and repair and replacement of equipment as well as determining what equipment is needed to carry out production and establishing the production schedule. It is also the responsibility of the Senior Industrial Officer to make the work assignments to the other Industrial Officer. With respect to quality control, Mr. Burgomaster emphasized that the ultimate responsibility lies with the Senior Industrial Officer. While it was acknowledged that the Senior Industrial Officer could hold the person in the Industrial Officer 1 classification responsible for the various components he was involved in, the ultimate responsibility with respect to quality 5 control lies with the Senior Industrial Officer. Similarly, it was noted that it was the responsibility of the Senior Industrial Officer to make the decision with respect to sending out equipment for repairs. The parties are in agreement that the position specifications with respect to the Industrial Officer i and the Senior Industrial Officer are accurate. The position specifications relating to the Industrial Officer 1 provide as · follows: Purpose of Position To supervise inmates in the production of articles in a Tailor Shop of a maximum security institution: to perform other related duties. Duties and related tasks 1. 70% Supervises inmates in the Production of articles.in a Tailor Shop in a maximum security institution by: Instructing and directing inmates in various pro- duction aspects related to the manufacturing of clothing; ensuring the productivity of inmates through demonstrating correct methods of laying out work, performing minor repairs to clothing, use and care of shop equipment/machines, sewing by hand or machine, to assist in meeting production schedules for Tailor Shop~ supervising inmate work, checking on progress, or on completion; correcting errors, referring major errors or deliberate wastage or damage to Senior Industrial Officer; ensuring the meeting of laid down schedules; ensuring adherence to safety precautions~ ensuring that quality control standards are met. 2. 3~% Performs other related duties such as: Escorting inmates to and from Taikor Shop and cell wings; supervising rest break periods; keeping Tailor shop count and accounting for inmates during "master counts"; warning inmates in minor misconduct, laying major misconduct charges as necessary, giving verbal or written detailed reports of incidents; participating in the assessment of inmate conduct and industry as requested: controlling the issue and return of scissors, seam rippers, needles, screwdrivers to inmates; assisting in searching inmates and shop for contraband control; contributing to rehabilitation by good personal examples of speech, dress, deportment and work habits; assisting Senior Industrial Officer in the maintenance and repair of shop equipment; notifying Senior Industrial Officer of depleting supplies or defective equipment; performing minor repairs to clothing, cutting to patterns, cutting out waist- banding, measuring staff for standard issue clothing, supervising production of articles, such as, aprons, tablecloths, curtains, operating machines as required to meet production schedules; supervising inmates in regular shop clean-up; relieving for the Senior Industrial Officer as required during absences by. assuming full responsibility of the shop in accordance with duties of the Senior Industrial Officer, Tailor Shop, position 19-735311; other duties as assigned in case of emergencies or staff shortages. Skills and knowledge required to perform job at full working leve 1 Good' knowledge of methods and techniques of tailor's trade and industrial sewing equipment normally acquired through several years directly related experience or. formal training; demonstrated ability to. effectively supervise inmates in a maximum security setting. Demonstrated ability to effectively instruct in work methods and procedures; good knowledge of safety procedures. The position specifications indicate that this position has been classified as an Industrial Officer 1 on the basis that: The incumbent instructs and directs inmates in the production and repair of clothing in a 272 bed maximum security correctional setting. Ensures proper use of equipment and assists in necessary repairs. · Assists in maintaining quality control and production schedule. ? 7 The position specifications with respect to the Senior Industrial Officer provide as follows: Purpose of position To manage the Tailor Shop and production in a maximum security institution; to perform skilled tailoring duties and provide instruction and training for inmates; to perform other related duties. Duties and related tasks 1. 60% Manages the Tailor Shop and production in a maximum security institution by: Receiving work orders concerning th~ manufacture and supply of specified items e.g. underwear shirts and pants, pajamas, etc. for use by Millbrook Correctional Centre, other institutions provincial ministries, etc., referring to specifications, quantities and qualities; estimating materials and arranging for pick-up from stores; returning surplus on completion of orders; maintaining constant check re amount of cloth on hand; referring to patterns available or planning, develo, ping and making own patterns; laying out cloth and marking for cutting from patterns to obtain most economical use of cloth; considering orders and determining priorities and establishing work schedules; assigning specific phases of production to subordinate; checking finished garments for quality control; arranging for completed orders to be taken to store for shipment; ensuring completeness of orders; preparing and submitting weekly reports of man hours production figures; keeping records of shop operation and submitting detailed reports as necessary; advising assistant to office manager re tailor shop production - to explain increase/decrease cost per article produced, e.g. all oversize shirts require more yardage, therefore, cost per article increases. 2. 2~% Performs skilled tailoring duties and provides instruction and training for inmates byz Altering and repairing staff uniforms and inmate personal clothing; instructing inmates in tailoring production line techniques and proper use of equipment, demonstrating correct methods, skills, etc.; teaching pattern development layout and application. · 3. 2~% Performs other related duties such as: Training subordinate in all requirements of tailor shop operation; sharing with subordinate the correctional supervision of inmates, supervising "smoke up", rest breaks, advising inmates of conduct and work expected; warning inmates in minor misconduct, laying charges for major misconduct; submitting reports of inmates progress, adjustment., etc. as requested; recommending on inmates suitability for tailor shop work or for transfer to another shop; maintaining equipment, carrying out regular servicing, maintenance and adjustments; undertaking minor and major repairs referring only difficult repairs such as rebuilding to industries and maintenance supervisor; maintaining constant alertness to prevent intentional or accidental damage to machines by inmates. Assisting and relieving other staff in emergencies and staff shortage situations; as assigned. Skills and knowledge required to perform job at full working level. A good knowledge of methods and techniques of tailor's trade and industrial sewing equipment; Ability to evaluate and establish production methods and schedules, estimate cost and maintain quality control. Proven ability to supervise and instruct staff and inmates. It is indicated in this specification that this position has been allocated' as an Industrial Officer 3 because the Senior Industrial Officer manages the Tailor Shop operation. The class standards for the Industrial Officer I and Industrial Officer 2 positions provide as follows: INDUSTRIAL OFFICER 1 CLASS DEFINITION: Employees in positions allocated to this class instruct and 9 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 do 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.' QUALIFICATIONS: 1. Grade 8 education, preferably Grade lq; practical~knowledge of skills related to the work to be performed. 2. Two years of satisfactory related exp.erience, part of which may have been on custodial duties. 3. Supervisory and instructional ability related to the kind of work to be performed; ability to deal effectively with inmates; ability to assess standards of inmates industry and conduct. INDUSTRIAL OFFICER 2 _c~._:ASS DEFINITION: Employees in positions allocated to this class are engaged in the supervision of work and instruction of inmates in various industries at reformatories and industrial farms. In some positions, they are in charge of a small industrial operation such as the Shoe Shop at Mimico of the Braille Print Shop at Millbrook. In these positions they are responsible for estimating and procurement of materials. In other positions, they assist in the management of a production operation not requiring skills of any of the designated trades such as the Woollen Mill at Guelph or the Marker Plant at Millbrook. In many of these positions, they require specialized processing knowledge and skills and are responsible to the manager for particular controls or skilled operations. They train inmates in the required processes to which they are assigned, allocate duties and check quality and quantity of production. They are responsible for the servicing, proper use and' adherence to safety precautions in the operation of the equipment. They have responsibility for production schedules, work standards, shop maintenance and security arrangements in their area. They may perform the more complex work as required or any of the work in order to demonstrate procedure or to expedite production as needed. QUALIFICATIONS: 1. Grade 8 education, preferably Grade 1~; varied practical knowledge of skills related to the work to be performed. 2. Two years of satisfactory experience as an Industrial Officer 1 in the appropriate type of work or its equivalent. 3. Ability to deal effectively with inmates; ability to assess standards of inmates'industry and conduct; ability to estimate requirements, to establish production methods and to control production and quality as required. J. Stephen, Assistant Regional Personnel Administrator with the Ministry of Correctional Services, testified that the Industrial Officer 1 position is differentiated from the Industrial Officer 2 position in terms of the level of responsibility. He stated that the Industrial Officer 2 position involves responsibilities such as those entailed in being in charge of a small industrial operation such as the laundry at Millbrook. The person in the Industrial Officer 2 classification in that instance would have responsibilities for obtaining necessary supplies, and being responsible for production schedules and security within that operation. The Industrial Officer 2 in that position supervises an Industrial Officer 1. As well, a position may be classified as an Industrial Officer 2 where there is responsibility for a specific area in a larger 11 operation. This may involve supervision of a number of persons in the Industrial Officer 1 classification in the specific area. In such a situation, the Industrial Officer 2 determines the production and work standards and is responsible for' maintenance and security. In some instances, total responsibility for part of a process which requires very particular specialized knowledge is required. Mr. Stephen stated that, in his view, the significant aspect of the duties that Mr. Smith performs that places t~e position in the Industrial Officer i classification is the nature of the tailor shop operation with the overall responsibility for the operation being assigned to the Senior Industrial Officer. It was common ground that the question that must be determined in this case is whether the duties assigned to the grievor fall more properly within the classification of Industrial Officer 2 rather than Industrial Officer 1. The thrust of the grievor's position is that his classification as an Industrial Officer 1 fails to recognize his supervisory responsibilities that comprise 70% of his duties according to the position specifications. As well, the nature of the work that Mr. Smith performs in the felt lock area was emphasized and it was argued that his duties in this area brought him within the standards of the Industrial Officer 2 classification. On behalf of the employer, it was argued that the evidence does not establish, that the grievor performs the core duties of the Industrial Officer 2 classification. It was submitted that the duties that are stated in the ~osition specifications to comprise ?~% of the worker's duties clearly fall within the Industrial Officer 1 class standards as these standards specifically contemplate the assumption of shared responsibility for the training of inmates. Mr. Smith is involved in the supervision and training of inmates, duties that are referred to in the class standards for Industrial Officer 2. However, the performance of these duties is referred to in the first paragraph of the class definition of Industrial Officer 1 as well. Clearly, the class standards do not contemplate that the performance of this work alone is sufficient to bring the job within the higher classification. While it is clear that Mr. Smith provides assistance to Ms. Finan in the management of the tailor shop, the evidence before us establishes that. Ms. Finan has retained all significant managerial duties. Considering Ms. Fina~'s responsibilities with respect to production, scheduling and overall accountability in an operation that is staffed by only two persons, it is our conclusion that Mr. Smith's ~osition canno~ properly be characterized as one of an assistant manager. From the evidence of Mr. Stephen and Mr. Burgomaster, as well as the first paragraph of %he class standards of the Industrial Officer 2.position, it is clear that aside from the criteria of' assisting in the management of an operation, a position may fall within the Industrial Officer 2 classification if there is responsibility for a particular specialized operation. Ms. Ballantyne's submission is that the work that Mr. Smith performs in the felt lock area of the tailor shop fulfills this requirement. In view of the fact that when the position was previously classified as an Industrial Officer 2, the lay-out~ duties that were performed by the incumbent were carried out in the physical environment in which the grievor currently operates and that the integrated nature of the work performed in the shop was not a barrier to that person being classified as an Industrial Officer 2, this is a significant factor in the griev.or's favour. However, the evidence establishes that Mr. Smith's assignment to the felt lock area is not a permanent assignment for which there is independent responsibility and accountability. Moreover, and, in our view more significantly, the Industrial Officer 2 was assigned responsibilities with respect to major machine repairs which are not currently assigned to Mr. Smith. After a careful review of the evidence and the submissions of the representatives of the parties, it is our conclusion that the evidence does not establish that the grievor is incorrectly classified as an Industrial Officer I and should properly be classified as an Industrial Officer 2. It is our view that the essential .distinction between these two classifications lies in 14 the level of responsibility and independence and that the duties performed by Mr.. Smith do not support the conclusion that his position should be classified as an Industrial Officer 2.. For these reasons, it is our conclusion that the grievance must be dismissed. Dated a% Toronto, this~ay of February, 1990 usan L. Stewart - Vice-Chairperson Janet Solberg - Member Allen Merritt - Member