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HomeMy WebLinkAbout1989-1079.Harasymiw & Budon.90-06-06 ONTARIO EMPLO YES DE L~ COURONNE ,~ - " CROWN EMPLOYEES DEL'ONTARIO GRIEYANCE CQMMISSION DE SETFLEMENT REGLEMENT BOARD DES GRIEFS I,~0 DUNDAS STREET WEST. TORONTO, ONTARtQ MSG IZ8- SUITE 2100 TELEPHONE/Tf:_L~PHONE 180, RUE DUNOAS OUEST, TORONTO, (ONTARIO) MSG IZ8. BUREAU 2100 (416~ 5g~-0~88 1079/89, 1110/89 iN THE KATTER OF AN ARBITRATION Under THE' CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN: OPSEU (Harasymiw/Hudon) Grievor - and - The Crown..in Right of Ontario (Ministry of Natural Resources) Employer BEFOREt M.B. Keller Vice-Chairperson G. Majesky Member F. Collict Member FOR THE M. Hart GRIEVOR: Counsel Cavalluzzo, Hayes, & Lennon Barristers & Solicitors FOR THE J. Vair EMPLOYER: Counsel Mathews, Dinsdale & Clark Barristers & Solicitors HEARINGS: February 1, 2, 1990 - 1 - DECISION The two grievors, who are 'currently classified as Clerk 4, Supply in the clerk supply series, seek reclassification of their positions to reflect their duties, responsibilitfes and skills. Both grievors are employed in Northern Ontario: Mr. Harasymiw in Espanola, and Mr. Hudon in Timmins. Th9 only witnesses heard by the Board were the two grievors. Both agreed that the job specifications applicable to them were accurate. Both elaborated on, and emphasized, those functions which they claimed resulted in their misclassification. The summaries of duties and responsibilities of the grievor's read as follows: For Mr. Harasymiw 1. Maintain full stock and equipment control with stockroom and warehouse by performing such tasks as: -Maintaining perpetual inventory records of all types of major and attractive equipment, & completing stocK' control sheets by assisting with annupl stock taking; -'Receiving, recording and carefull~ checking all incoming supplies, stock and equipment and ensuring proper distribution of same; -Carrying out proper identification markings of new equipment as required; -Ensuring disposal or return of damaged or unserviceable equipment receive~ by contacting supplier or shipper as required; -'Deciding warehouse requirements according to needs of various services and requisition supplies to maintain a constant adequate stock level; -Ensuring proper storage of all supplies and equipment; 75% -Maintaining stock control of all types of minor equipment and supplies; -Ordering, maintaining and distributing an adequate, up to date stock 'of first aid supplies and personal safety items;. -Operating and maintaining an adequate stock level required by a stores system for consumable items; -Maintaining records of items charged from stores supplies and journal monthly to appropriate charge codes; -Arranging for or repairing equipment as required; -Maintaining computerized inventory of all inventoried equipment transactions; -Maintaining computerized records of all daily warehouse transactions; -Issuing, storing, and receiving all dangerous goods as per applicable Acts and Regulations; -Issuing and receiving equipment and supplies and maintaining control records to one hatchery, one park, one.Junior Ranger Camp, two Outpost Camps, one Scarification equipment repair depot, work crews, fire crews, and individuals; -Ensur.ing security of warehouse, stock and equipment areas; -Preparing reports on activities pertaining to effectiveness of certain types of equipment, durability, frequency of repair, malfunctions or where abuse of equipment by district personnel occurs, bringing this to the attention of service supervisors; -Preparing reports as required, by supervisor including available storage space, suggested changes in warehouse methods, etc. and assisting with inventory annually to one hatchery, one park, one Junior Ranger Camp, two Outpost Camps,. one Scarification equipment repair depot, and the district complex. 2. Supervises and directs one personal assistant by: 10% -Assigning duties and training in warehouse procedures; -Inspecting work periodically_ to ensure that equipment is properly stored and correcting errors as necessary. 3. Controls gasoline fuel supply by: -Ordering .and issuing gasoline and oil (180 - 190,000 L. dispensed annually); 5% -Preparing monthly oil and gas reports; -Compiling~ information on gasoline, oil and' antifreeze consumption. 4. Co-ordinate district safety program by: -Co-ordinating driver testing schedule and candidates with district testers; -Arranging and instructing First Aid courses and 5% Defensive Driving courses-for district staff; -Organizing other safety courses required by district staff and obtaining instructors for same; -Maintaining records of safety courses required and completed by district staff. 5. Performs other related auxiliary duties such as: -Cleaning and tidying work area; -Shipping and picking up mail, freight, supplies, etc.; -Raising and lowering flags; 5% -Removing trash from district complex; -Clearing snow from walks, doorways etc.; - 4 - -Performing such duties as assigned during fire emergencies; -Occasionally responding to local ~istrict radio traffic; -other duties as assigned. For Mr. Hudon 1. To provide and be responsible- for both incoming and outgoing movement of equipment and supplies by WISC-computerized documentation of all warehousing responsibilities. -Timmins District 886 Riverside Drive create 185's for general service equipment and maintenance items for all locations and personal issues.. create 155's for fire equipment and maintenance items for all locations and personal issue. create 1284's for general service and fire equipment, for all locations and services. Timmins Regional 80 wilson Avenue and 247 Algonquin ( Regional ' Lands) create 185's for general service equipment and maintenance items for forest management, 'N.F.D.G. and Regional Systems and personal issues. 45% create 1284's. for' general service equipment for forest management, N.F.D.G. and Regional Systems. make all receipts transfers/in or transfers/out. -receives all mail, stationery Supplies, or any item delivered to 896 Riverside Drive from Dencils to culverts: -performs quantity checks of all items and equipment received and make payment confirmation of all purchase orders issued for Timmins District; -conducts monthly inspections for MGS building requirements for .896 Riverside Drive; ie. fire extinguishers, exits., fire alarms, welding torches etc. -receives shipments for purchases of equipment, maintenance supDlies and general store items from various local and out of town suppliers, e.g. - 5 - canoes, tents, hand tools, 'sanitary supplies, chain saws, etc. -checks all orders purchased and compares with requisition for completeness in quantity, damage in shipping and placing equipment in stores: -ensures compliance with the Transportation of Dangerous Goods Act of goods shipped, received and stored: -ensures that labels, etc. required for Transportation of Dangerous Goods are made available to all staff: -to ensure availability of information, labels, etc. required to coordinate the Work Place Hazardous Materials Information System: -ensures that al.1 goods shipped, received and stored comply with the Hazardous Products Act and the Hazardous Materials Information Review Act; -applies designated equipment numbers for all numbered equipment as issued from district office: -reporting all damages, shortages or irregularities to immediate supervisor; -issuing equipment to authorized personnel and maintaining up to date records for all personnel and project equipment issued on both a daily and project basis, e.g. safety equipment, compas'ses, snowshoes, boats and motors, chainsaws, etc; -checking equipment returned to stores from fires, district projects, personnel issues, etc. ensuring that all issued items are returned, noting damaged equipment, e.g. torn tents, broken shovel handles, checking operating condition of coleman lamps, stoves, etc., preparing list of shortages and damages and submits to supervisor with recommendations, e.g. item beyond economical repair, recommend cull; -prepares requisitions for store items, maintenance item replacement and general safety supplies and equipment to maintain established district requirements (e.g. flagging tape, fly dope, first aid supplies, cargo rope, screw drivers, etc.): -completing and supplying orders' of equipment and supplies for fires, tree planting projects, Junigr Ranger camps, road projects and daily' assignments, assembling, for 'shipment and arranging for delivery of goods; 2. Controls stock inventory, security and provides minor maintenance and repair of general equipment items: -maintaining WISC application of all menus for each level of stock for each and every location and personal issues of general service equipment and maintenance items and Fire Fighting Service Equipment and maintenance items for 896 Riverside Drive and 80 Wilson. -' -recording equipment and supplies issued to and received back from fires, projects, .etc., using specialized established formats, e.g. aviation and fire management location cards and summary system, etc.; -performs when requested by immediate supervisor, periodical physical inventory, checking various 40% forms of equipment-in stock at work locations. designated and report findings to immediate supervisor; -physically administers a stores system of general daily needs and maintains accurate administrative records for replacement of stock items; -maintaining cleaning and servicing all minor equipment (e.g. painting and sharpening of hand tools, servicing and repairing coleman aDpliances, etc.), to ensure that all minor equipment is safe for re-use; -prepares equipment transaction records (1284) for remov.al of District equipment items from stock and clearly indicates reasons (e.g.. stolen, equipment damaged beyond repair, etc.); -ensuring cleanliness of stores and immediate work area, e.g. work areas free from hazards, cleaning up spilled oils/grease, etc.; 3. Performs District petroleum product supply and control by: -monitoring and receiving all gas and oil supplies (both unleaded and leaded) and preparing requisitions for purchase of additional gas and' 10% oil to maintain an adequate district stock; -mixing and tagging all gas for 2 cycle use for district two cycle equipment and recording usage for district replacement and review; -assisting both Ministry of Natural Resources staff and other agency staff in correct fueling procedures and maintains a clean, safe, adequately stocked fueling island; -advises immediate supervisor in areas of fuel shortages, spillage, improper storage and mechanics failures of fuel dispensing equipment. 4. Performs other related duties: -oversees work of seasonal employees assigned directly to him (approximately 40 person weeks) 55% or a recurring basis plus an estimated i0 to 15 . person weeks of additional supervision, for staff assigned to him during special projects ie. fires; -assigning and'checking work for qualitY and quantity, training subordinates in various stockroom duties; -as assigned~ The applicable class standard is: CLASS STANDARD: PREAMBLE CLERK SUPPLY SERIES These class, es cover the positions of employees who perform a variety of clerical, manual, administrative repair or purchasing functions that are common to stockkeeping operations in the Provincial Government Service. If any employee specializes in only one of - 8 - the many tasks inv61ved 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 functions should not be classified in this series. Many factors, such as the maintenance of the necessary Ledger or other records, inventory control, establishment of minimum - maximum requirements etc., are common to all stockrooms and very 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 the 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~ Site 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 site, in terms of bed capacity, is the criteria used. The size alone of a'Reform Institution ignores the possible existence of industries, which complicate the stockkeeping function, therefore the value of annual stock turnover is used as - 9 - 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. 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 aisc 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 supervisors 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. - 10 - This classy, also covers the positions of .supervisors in charge ..of a centralized stockkeeping operation in Ontario Hospitals with fewer than one hundred beds. QUAL!FICA~IO~S~ 1. Grade 10 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. It was common ground between the parties that both grievors in fact perform functions encompassed within the clerk supply series class standards. The difference lies in that the employer takes the position that duties, if any, performed that are not reflected in..the class standard are not substantial enough to warrant a finding that the griev0rs are improperly classified. It is argued that the standards are general statements that don't have to encompass all the duties and tasks performed by the grievors. Counsel for the grie¥ors' argued that the class standards, which date back to 1969 are, at least insofar as the work of grievors are concerned, outdated and archaic and are not reflective of their responsibilities. The Board is told that when an assessment of the actual duties and responsibilities is done against the class standards the Board will find significant areas of responsibility not contemplated by the class standard. The two grievors are employed in Northern Ontario. Both are responsible for a principal warehouse and various outlying-ones, some of which are noted in their respective position specifications. Both unquestionably perform warehousing duties throughout tho year. However, there are anomalies that are evident when their job duties are compared to both' the preamble of the class standards and the clerk 4 standard. Those anomalies arise in a number of areas. First, the clerk 4 has responsibility for the operation of a small stockroom as therein defined. No reference is made to any additional or subsidiary stockroom. The evidence is that both grievors are responsible for more than just a small stockroom. In fact, although not fully described, during the summer season (May to September inclusive) the scope of material rises sharDly requiring more than one subordinates at times thus making it, at - 12 - least, a medium stockroom as defined in the class standard.. Second; implicit in the way the class standard is drafted is that the clerk 4, supply is permanently attached to their warehouse. in the case of both grievors this is not the case as a result of their responsibilities for outlying storage areas, such as Junior Ranger Camps, fish hatcheries, etc. Third, it is common ground that during the summer months, the operations change radically, particularly as a result of the introduction, maintenance and repair of fire-fighting equipment. Working s~ecifically in this area takes a significant amount of time for each' grievor. Some of this function is warehousing duties, for example receiving and shipping. Other aspects of it go beyond what is contemplated by the standards as, 'for example, the re%cycling of equipment brought in, and the verification of it when it goes out to ensure that it conforms to all applicable 'standards. Counsel for the employer argue~ that the latter function was specifically provided'in the standard applying to clerk 4, supply.. The standard, however, speaks of checking incoming stock. No reference is made to the verification of the type required of the grie~ors. - 13 - Fourth, both grievors regularly perform tasks not contemplated by the standards. Both, for example, are responsible for · administering first aid at their respective locations. Mr. Harasymiw is also responsible for assigning and instructing defensive drivi'ng courses, instructing first-aid courses, and organizing the safety courses required by district staff. Fifth, Mr. Harasymiw is required to have a valid Restricted Radio Operators Certificate. In the May-September period he is required, with others to monitor the Radio. Although only a back-up, it was his uncontradicted evidence that during the .period in question he c~n be on the radio for periods of up to three or four hours per day. Sixth, both grievors act, at times, as acc~dat%on$ offices to find the necessary a¢comodatton$ for the required fire-fighters. Seventh, the preamble speaks of "administrative repair" in covering the functions of clerk supply. Both grievors are involved in equipment and machine repairs which go beyond administrative repair~ Eighth, the preamble lists functions that are "common to stockkeeping operations in the Provincial Government Series". Much of what these grievors do is undoubtedly common to other stockkeeping operations. A substantial portion of their functions, particularly in the May-September period, is clearly atypical and designed to meet the specific requirements of their work location. In summary, we find that the class' standards, .which are somewhat dated having been developed in 1969, do not contemplate or cover many of the duties, functions and responsibilities of the grievors. As was stated in OPSEV (Marshall and the Ministry of Health, 733/86 (¥er~ty ), ,,it appears that the Clerk Supply Series is designed to apply to stockroom attendants and does contemplate the specialized position .... with responsibility to ... receive and ship a complex range of goods, equipment and supplies". That is no less true with regard to the two grievors. As a result, and for all 'the foreg~oi.ng reasons, we find the grievors misclass~ified as Clerk 4 Supply.. By way of remedy, the grievors are seeking a "post Berry" order. - 15 - It is ordered that the employer must find or create ~a classification for the grievors which accurately reflect their duties and responsibilities within six months of this decision. In addition, they shall be entitled to full retroactive compensation including interest, to 20 days prior to the filing of their respective grievances. The Board remains seized of this matter to determine any issue arising from the implementation of this decision. Dated at Nepean this 6th day of June 1990 M.B. Keller, Vice-Chairperson F. Collict, Member Addendum re G.S.B. ~11t0/89 and #~079/89 This Member is in agreement with the award in .this'case. .On the evidence, Grievers Harasymiw and Hudon agreed that'their job descriptions properly described their duties and responsibilities and the skills and knowledge'required to perform them. The narrow issue for the panel, therefore, was the question of whether or not their jobs fell squarely within the class standard of the Clerk Supply Series. The panel.has concluded that they do not. Counsel for the Union argued that the Grievers had been "shoehorned" into the class standard; and that the variety of duties they performed and the conditions under which they performed them were so greatly at variance with those duties normally performed by personnel responsible for stockroom and supplies, that the Grievers could not fit into the standard for the Clerk Supply Series. The 'concept of "shoehorning" a position into a class standard is very close to that which happens, in the job evaluation/Job classification process; for indeed, positions vary greatly even within a "family" of like jobs; and those responsible for the job classification process are often very hard pressed to categorize unusual and unique positions. In the subject case, the positions initially were assigned, to the Clerk Supply Series and the fit probably was excellent. With the assignment of additional duties, however, and with~ultiplicity of changes and requirements, associated with the position of the Grievers, their duties and responsibilities no longer fit the class standard. Page This Member is of' the opinion that the Grievers are responsibl'e basically for the receiving, checking, storing, and shipping of supplies. 'However, it is clear that the additional duties performed such as driver training, radio operation, functioning as a first aid attgndant, and the operation of first aid courses are not contemplated within the subject class standard. Counsel for the Employer has conceded the 5bo~e but contends that the amount of time spent in these areas is insufficient to take these two specific positions out of the class standard. Nevertheless, when one combines these additional duties with the high seasonal content of the activities relative to the fire season, the additional risks associated with management of the supply function on the fire line, the broad geographical area over which the Grievers maintain their supply function including the responsibility' of Griever Hudon to maintain fire packs for ~apus~a$ing, Hearst and Cockrane as well-as kis own location in the Timm~n~ area), one comes to'the conclusion' that the Grievors perform a job that "overflows" the Clerk Supply 4 designation. Essentially, the function that the Grievors perform is stockroom and supply; .but in the view of this Member, the "fit" does not obtain as described in the class standard. Accordingly, this Member is in agreement with the award thatmanagement should establish a new classification for the Griever$or identify an existing classification that more nearly meets the duties and responsibilities performed by them.