HomeMy WebLinkAbout1989-1407.Lefebvre-Thiessen.90-06-12 ~NTARtO EMPLOYES DE ~ COURONNE
CROWN EMPLOYEES DE L 'ON ~RtO
GRIEVANCE CgMMISSlON DE
SETFLEMENT REGLEMENT
BOARD DES GRIEFS
I80 DUNOAS STRE~ WEST, S~TE 21~, TORONTO, ONTAR~. MSG 1Z8 TELE~ONE /~fl~PHONE: (476} 326-1388
fSO, RUE DUNDAS OUEST, BUREAU 2;~. TORONTO ~ONTAR~]. M5G IZ8 FACSJMILE/~LECOmE : (4;6) 326-~396
1407/89
.IN THE HATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLEcTIvE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN=
OPSEU (Lefebvre-Thiessen)
Grievor
- and -
The Crown in Right of Ontario
(Teachers' Pension Plan Board}
Employer
- and -
BEFORE: J.W. Samuels Vice-Chairperson
G. ~ajesky ~ember
A. Stapleton ~ember
FOR THE C. Paliare
GRIEVOR: Counsel
Gowling, Strathy & Henderson
Barristers & Solicitors
FOR T~E A. Trasuk
EMPLOYE~: Counsel
Central. Ontario Industrial
Relations Institute
HEARING: May 3, 1990
The grievor is the Bilingual Pension Administration Counsellor at
the Teachers' Pension Plan Board. Her position is classified as a Clerk 5
General and she says this is not the appropriate classification'. She claims
that the position ought to be classified as a Clerk 6 General.
The grievor has been in the job since March 13, 1989. The job has
not changed significantly since she came to it, but there have been changes
in the legislation governing teachers' pensions. When the grievor came to
the position, she had ~no experience or training in the pension field. She
was hired because of her counselling experience.
'The grievor's position specification is appended to this award.
In brief, her primary task is to provide information to teachers who
are already in retirement and who have questions about their pensions, such
as--what if I take On a new job? what if I get divorced or separated? what
if I move to Florida? where is my cheque? what impact does the new
legislation have on me? what deductions have been made from my
cheques? what is the impact on my pension of the Canada Pension Plan?
She may also answer similar questions about the post-retirement period for
teachers who are about to retire. If a pensioner has a problem with the
pension, the grievor will offer some assistance to correct the situation and
will direct the matter to the appropriate person to deal with the problem.
The grievor is the only person whose primary task is counselling
pensioners, 'out when she is too busy, or is absent, other clerks in the office
will handle the questions from pensioners. '
In order to do her job, the grievor needs an extensive and
comprehensive knowledge of the new Teachers' Pension Plan Act, the old
Teachers' Superannuation Act, and tl~e Superannuation Adjustment Benefits
Act. She needs a very good knowledge of the Pension Benefits Act, and a
working knowledge Of the pensioa-related aspects of the Family Law Act,
Income Tax Act, Canada Pension Plan and Ontario Health Insurance Plan.
3
She also needs a general knowledge of the various group insurance plans
for retired teachers.
It is critical that the grievor is instructed to give information about
matters only when it is clear what th~ law, policies or procedures provide
in the particular situation of the enquiring pensioner. The grievor is
provided with summaries and interpretations of the law, and with policies
and procedures, prepared by management or the Board's legal service. If
the Board has not yet developed its interpretations, policies and procedures
with respect to a piece of legislation, the grievor is not to venture her own
interpretation. Or, for example, if information is requested concerning the
impact of divorce on the pension, the grievor is to refer the caller to
someone with the expertise in that area. If a pensioner asks about the
impact of income tax legislation, except in clear cases, the grievor is to
refer the pensioner to Revenue Canada for an answer.
The grievor does not advise pensioners on d~e course of action they
should take if choices are to be made. The grievor's role is restricted
solely to the giving of information.
The grievor is doing a fine job and the Employer has told her so.
She is not subject to fo'rmaI supervision on any regular basis, but, given the
nature of the work in the office, there is a great deal of interaction between
the clerks and their supervisor, and the grievor's work is known generally.
For example, when a pensioner has a pension problem and the grievor
initiates corrective action, the clerk who handles the corrective action will
provide a check of the grievor's advice and action. Or, when the grievor is
not sure what information to provide to a pensioner, she may discuss the
matter with one of the Senior Clerks (classified as Clerk 5 General too).
There is a lot of interaction in the office.
Now, is the ~nevors pos~non properly classified as Clerk 5
General?
4
The class standards for Clerk 5 General and Clerk 6 Genera[ are
appended to this.award. Given the nature of the Clerk General series, [t is
necessary to look at both standards irt order to understand what each one
means. There is considerable overlap in these standards, and much depends
on shadings of meaning--for example, "judgment" for the Clerk 5 as
compared with "considerable judgment" for the Clerk 6, or "responsible
clerical work" for the Clerk '5 as compared with "specialized complex
-....c}.e.rical work" for the Clerk 6.
We will begin with the .first sentence of each standard. We see that
the Clerk 5 General does "responsible clerical work requiring detailed
knowledge of a body of regulations, statutes or local practices, together
with a thorough understanding of the objectives of the work unit". On its
face alone, this appears to fit the grievor's position admirably.
Does our view change when we look at the first sentence of the Clerk
6 General standard? It speaks of "specialized complex clerical or sub-
professional work which forms a significant part of the administration of
the organization concerned". In our view, this language suggests a position
where there is considerable room for individual choice and initiative. The
word "complex" connotes "complicated, involved, intricate; not easily
analysed or disentangled" (Oxford English Dictionary, 2nd Edition, 1989,
at page 613). There is more to this kind of position than there is. in the
grievor's giving out of information where the interpretations and
summaries are prepared and ready. The grievor has been told not to give
answers where the situation is "complex". Indeed, her position
specification says expressly that she is to use initiative to resolve problems
but, if the matter is "complex or unusual", she is to refer the matter to the
supervisor or to an appropriate office (the fourth point under group 1 of
the "Duties and related tasks").
The second sentence of the Clerk 5 General standard speaks of
decision-makro= .......... where the intent of existing instructions is obscure
5
in specific cases". The grievor does not even meet this requirement, let
alone go beyond it. She has been instructed not to give· out information if
there is no clear interpretation or summary provided by management.
The grievor's position is characterized very accurately in the last two
sentences of the first paragraph of the Clerk 5 General standard:
Although the work is carried out with a large
degree of independence, it is reviewed for
consistency of decision-making. Difficult
technical questions, or those involving policy
determination are referred to supervisors.
This is exactly what is involved in the grievor's position. She has a large
degree of independence, but as a result of the interaction in the office, her
work is reviewed for consistency of decision-making by the other clerks
(who are classified at the 4 or 5 level). The grievor refers difficult
technical questions to others, and she does not determine policy.
The second paragraph of the Clerk 5 General standard speaks of
tasks typical of the level. One of these examples describes the grievor's
position precisely--"a significant non-supervisory, clerical .... function
involving the interpretation, explanation and application of a phase of
departmental legislation or regulations and requiring the ability to make
acceptable recommendations or provide functional advice".
The grievor couldn't be better classified than at the level of Clerk 5
General. For this reason, the grievance is dismissed.
Before closing we will record in writing remarks made during the
hearing concerning some of the evidence which the Employer wished to
introduce.
Firstly, the Employer called as a witness the consultant who had
evaluated the grievor's position and classified it as Clerk 5 General. This
person was very experienced and, from the testimony we heard before we
6
ruled that she should give no further evidence, it appeared that the way in
which she went about her business was highly professional and correct.
However, it appeared finally that the Employer wished to introduce
this evidence as some sort of expert evidence concerning classification. We
remarked that, once a classification grievance reaches this Board, the
Board must make its ruling based on the evidence we hear concerning the
position and our interpretation of the class standards. The witness called
by the Employer was in fact the decision-maker at first instance in this
classification. Her position was akin to the trial judge in a law suit. We act
as a "court of appeal" with respect to classification decisions, and the trial
judge in a matter doesn't appear as an expert witness before the "court of
appeal".
7
Secondly, evidence concerning the consistency of the Ministry's
classification is not useful to us a~ all. It is not a good argument to say that
there are other positions which am the same as the griever's which have
the. same classification. The point of the grievance is a claim that this
classification is wrong. And if the griever is correct, then all like
classification decisions are wrong. We have to base our decision on the
evidence concerning the position and our own interpretation of the class
standards.
If, on the other hand, the Employer classifies an employee in a
higher classification than is warranted, the Union can use this practice as
evidence that the Employer has modified the class standards through
"usage". The Employer establishes the standards. Tl'ds BOard has said that,
if the Employer classifies an employee in a higher classification than is
warranted, this is, in effect, an amendment by the Employer of the
Employer's own standards.
Done at London, Ontario, this 12th day of June , 1990.
q~-~ Sarllu~ls, V~ce-Cha~person
G. Majesky, Member
A. Stapleton, Membhr
Position Specification & Class AIIocatlon-CSC 61b~.
.. (Reler to back of form fo~.· completion instructions)
Ontario Date received Previous serial numbe~ New serial number
For CSC
use only
11. Position title Position Code Position Identifier (See Reverse)'
BILINGUAL. PENSION ADMINISTRATION COUNSELLOR
$ch. Hfs. Work (R.P.T. Posn, only) Class ach. Seasonal Work Peri~l {x one or mo~e. as applicab;e.) Code{s} t~:unctional coda
Position title I Position Coda Class title and code
Supersedes: New Position
Ministry_ Division
Teachers' Superannuation Commission Administration & Finance
IBranch and Sectinn Location Geog. Lac. Coda
PENSION ADMINISTRATION Xerox Tower
. No. of places Provides group leadership to: f [rnmediate Supervisor's d6e Supervisor'$ position code
No. of positions No. of pieces
1 - - ['PENS[0N ADMINISTRATTON ,q[)PFRVT,q~R
2. Purpose of pqsJ,tion (why does this positio}~ exist_?)
Id provzoe asszstence eno information to the various pensioners, dependents and
representatives of those pensioners receiving payment: under the Teachers' Superannua-
tion Act (TSA) on the various deductions mede to Lheir pensions such es medical pre-
miume, income tax, etc. Assist them in directing their allowance to financial insti-
tutions or proper destination. Provide information on various sections of the Act as
it oDDlico-to c'ach indi~iduel's cooc.
3. Duties ahd related tasks (whet is employee required to do. how end why? h,dicale perc~nlaou ol Eisa spent on each duty)
1. Provide~assistance smd information to pensioners on various topics such as their
pensions, subsidies received, Canada Pension Plan (CPP) reductions made to their
pensions, prepayment of income tax, medical premiums deducted end any other areas
of concern that are l~ssaciated with the teachers' Superannuation Act (TSA) by:
- answering queries on the telephone and during ~nterviews in e helpful end
friendly manner, and returning "call-backs" within strict turnaround time frames.
- assessing each case end determine the action to be taken, initiating investiga-
tion of omissions or discrepancies
- using initiative to resolve problems and when unable to do so refer to the
supervisor or to the appropriate offices such as Canada Pension Plan, Income
Tax offices, etc. (complex or um]sual situations).
- clarifying income tax requirements, using/applying sound knowledge of the
Income Tax Act
70%
- assisting the pensioner in obtaining information on medical coverages;
adding, changing or deleting the coverages as it apptJres to each case
- providing information on the C.P.P. reduction in pension due to the integration
of both plans
- assisting pensioners to complete ali necessary documentation necessary in
4. Skills and ~now~etlge r~qu,r~P~ ~),[~r-~g'~-~,~,, level. Ih,dic~,u Ilhl.thH. u,'V .... II~nl,~'<. or ,ice¢,ces~ i, ap|)[icableJ
(contd...)
Date Mini$1ry O~'(icial Date
5~~rvisor Sul~ervisO~F's name' ] Day Month YearTYt~e OfHclal's name and tide ' / 'Y / ~-- Day Month Year
!
Yvonne McOraa Linda Deloughery, Assistant Manager Finance
.,~ Instructions for completing form CSC-6150
Ule thll ~[m el In~caled below ~m all po~ll~i oNcepl [l~eo cover~ ~ Ihs Executes Complnlil~n ~sn, Mina~inl ~efltM~ ~On M olr~
Clailllled Full end Pad.time positions: For,, to bO ~mpletod ~ Ils onlbety except for the Fu~I~M C~i ~ in Seot~ t.
U~¢laialfied Seasonal Poatllone (Group 3}: Complole Secllon& I end 6 excepl rot Ihs FunclionN C~Oox · Se~ 1. and the
All other positions: ~lelion of lhls lotto In lutl or al eel ~l ~ve [o/Unclassified Soalonal P~Tlon~ i
Instructions for oqdi~g Posll.l~n Identifier' Inehuc~n~_~qr. coding Sialonal Work Period
Co~ .......
(aJ apptt~bte) Code t -~ 3 4
Pad.lime 2 erie Ihek ~ ~,. ~une
O~p 3 , -
week~ M m~ ~t le~ Ih~ 4 m~lh~ 3 Build c~e al
N Seuonet w~k p~ 4 ~nle~tlve · Sidle sea.n, 1,t, Spring
2, Insert eppl~. ~.
O~e~ C~ 7
Instructions ~ ~dlng ach. Hrs. Work 1. ~n~Gale N~m.
- 2. Insefl o~e ~
· In~u~ ~t~nl ~ ~l fo 2 declmM plato& 3, Follow w~h ~de~ M
/
t~l ~lllofl, A~ ch~O lo {hl Schedul~ ~rs Of Wo~
~qutr/ ttm eslnbllshm~l and ~umenlaOon of I sepmate NOTE: Mull;pta M~ must ~ ~11~ ~ ~lli~ al one ~t~.
~[tes and Related Tasks (contd...)
2, ~lntatne ~ted lnror~tton ind records by~
- provtdt~ complete end prope~ doou~ntetlon ro~ the penet~
eZetks to allow them to p~ovtde aecu~a~e and cuerent.tnro~mntton when
2~1 correo~ndtr~g with the penetone~.
- ensuring ~he~ the ~nalofl payroJZ ~etton te informed oF 011 ~deted
tnrormatt~ pe~tatnt~ to the pensioners aba[us,
' - keeping up to date ~tth ell knowledge/changes aa =fie7 pe~tatn [o the
· pens[~ payroll
~ ~ ), Pee~o~ma othe~ duties es assigned,
$,K,,IL_L.S AND _t<_NOI~L£DGE REqUZflED T.O. ,P,E.R,F'_ORH THE WORK,
Thorough kno~ladge or the Teaohe~e~ ~perannuat:lon Aot~ Supe~annuation
AdJuatment Bane?~ta Aot:l oomp~ehena~.ve working knowledge o? l;he Peneton
Bens?lie Act, Family Law Act, Inaome Tax Act:; Canada PenaJ. on Plan, Ontario
'Health Inau~,anoe Planj and r:z, oup Insurance plans. Set. vice and
detail-oriented. Ability to communicate clearly and concisely In both
Englieh and Ft'enoh.
Demonetrel:ed c'ounaetltng akJ. IIe ~ tact aad dlpJ-omacT,
Ability to meat strict deadlinea and standards of performance, parCicularly
~ $1008
/
CLERK $, G~VERAL
(
]'
CLASS DEFINITION:
Employees in positions allocated to this class perform respons-
ible clerical work. requiring detailed knowledge of a body of regulations,
statutes or local practices, together with a thorough understanding of
the objectives of the work unit. Decision-making invoive~ judgment in
the interpretation and application of policy or administrative directives
to problems where the intent cf existing instructions is obscure in spec-
ific cases. Thi~ frequently necessitates modifying work processes or the
development of new methods. Although the work ms carried out with a large
dcgrcc of i~%dependence, it is reviewed for consistency of decision-making.
Difficult technic'~l questions, or those involving policy determination are
referred to supel-visors.
Tasks typical of this level include responsibility for a signifi-
can~ non-supervisory, clerical, or cieric~l accountinA§ function involvir~
the interpretation, ex-pl~nation and application of a phase of deparumental
legislation or reg~itations ~nd requiring the ability to make acceptable
recommendations or provide functional advice; supervising a group of
"journeyman clerks~ performing clerical duties of varying complexi~t or
a smaller ~roup engaged in more specialized work by plant, lng, assigning .
and reviewing work, decidin& priorities, maintaining production levels
( and carrying responsihility for ~he to,al performance of the unit.
QUALIFICATIONS:
'I. Grade 12 education, or an equivalent combination of education,
training and experience; preferably completion of additional
:rainin~ such as related correspondence and university exuen-
sion courses; thorough knowledge of office practices and proce-
dures.
2. About six years progressively responsible clerical experience
or an equivalent combination of experience and higher educa-
tion.
3. Ability to evaluate the e££ectiveness o£ clerical procedures
and staff pex'formance; ability to supervise the work of other
employees; ability Co interpret regulations and instructions
into procedures and practice; ability ~o prepare e~£ective
correspondence, instructions and reports.
Revised, December, 1963
SlOJO
C]..I~ 6, 6.1~ER,,M.,
CLASS DEFINITION:
~ployees in positions allocated to :his class perform special-
i.'ed complex clerical or sub-professional work which forms a signifi-
cant par~ of the administration of the organization concerned. Decision-
makin§ 'requires the a~alysis of complex problems in specialized cl. erical
fields or arise from the supervision of a large staff where the volume,
v~riety and complexity of the duties is extensive. Gonsider~ble judEment.
in the interpretation and application of a wide variety of regulations,
statutes or practices is ,ecessary to resolve these problems. The work
is reviewed through staudardized reportin~ procedures~ principally to
assess the contribution made to branch admi~stration.
QUALIFICATIONS:
1. Grade 12 education, or a.n cq,Aiva_le'nt combination or' education and
experience; preferably sucuessful completion of extension courses
or similar trainin~ [-elated to the work to be performed: thorou&h
knowledge of the techniques of office management.
2. About eight, years of responsible clerica/ experience, preferably
involving some related administrative responsibility, or an equiv-
a.lent combination of experience and higher education..
3. Sound judgment; ability to plan, organi:e and co-ordinate the activ-
ities of a relatively large group of subordinates; ability to init-
iate and revise procedures, and supervise the preparation of a variety
of reports; ability to promote and ma~nta/n co-operative working rela-
tionsh~ ps.
Revised~ December, 1963