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HomeMy WebLinkAbout1990-0630.Ramsay et al.92-02-18 - ---- - l 't ~ I ONTARIO fMPLOyêS DE LA COURONNE CROWN EMPI.OYEfS DEL 'ONTARIO 1111 GRIEVANCE CpMMISSION DE SETTLEMENT . REGLEMENT BOARD . DES GRIEFS ¡80 DUNDAS STREIT WEST, SUITE 2100, TORONTO, ONTARIO. M5G ¡Z8 TELEPHONE IT£Lt:PHONE: (4 f 6) 326-13BB 1/10; RUE DUNDAS OUEST, BUREAU 2/00, TORONTO (ONTAArOl. MSG lZS FACSIMILEIT£uicOPIE: [41tO) 3';>6- r ]96 630/90, 631/90, 632/SiO IN THB HATTER OF AN ARBITRATION Onder. . THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Ramsay et al) Grievor - and- , The Crown in Right of Ontario (Ministry of Health) Employer I I . BEFORE: G. Simmons Vice-chairperson I I G. Majesky Meml:ler I H. Roberts Member I' FOR THE R. Healey GRIEVOR counsel Gowling, strathy & Henderson Barristers & solicitors' FOR THE J. Saunders EMPLOYER Counsel HickS, Morley, Hamilton,'. stewart &. Storie Barristers & Solicitors HEARlNG January 9, 1991 " August 27, 28, 1991 r . . - . 2 The Grlevors are employed as Supply Clerks with the MInistry of Health in London. Ontario. ,They are currently classified as Clerk 2. Supply (Class Code 51202). They claim that they are Improperly classified and seek to have their positions reclassified to the positions of Clerk 3, Supply (Class Code 51204), . The Union argued the <;;rievors' cases both on class standards and usage tests. With respect to the class standards test. In order for the Grievors to succeed they must demonstrate that not only are they improperly classified as a Clerk 2. , Supply but that Clerk 3, Supply is a better fit. The Clerk 2, Supply Çloss Definition was submitted as Exhibit 3 and reads as follows: CLASS DEFINITION: This class covers the positions of employees performing a variety of routine manual and clerical duties in stockrooms. Under general supeNision, 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. 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 ete; place iterns on shelves or bins,_ adjusting bin cards to keep perpetual inventory. They also maintain stock .Iedgers or cards showing the receipt and issue of all articles including the value of items on hand. They assemble orders for authorIzed requIsitions; tag .and address shipments; . contact the conveyor and complete necessary records for the transaction. ' This is a terminal closs for employees who perform in a supply area, simple cleriCal duties In conjunction with tasks . requIrIng the frequent application of considerable physical effort or the operation of mec~anical equipment. . . 1 3 We were also provlded with 0 copy of the Class DeflnlHon for Clerk 3. Supply and I it reads (Exhibit 4): CLASS DEFINITION: This class covers the positions of employees who . alone, maintain a very small stockroom where the 'record keeping function is elementary. They ore . responsible for checking that the correct amount and type of goods are received, maintainIng security. issuing stock to authorized persons and checking stock levels. This class also covers the positions of employees who. under the general supervision of a higher level supply clerk are in sole charge of subsidiary specialized technical or trade stockrooms. They requisition supplies: ensure the careful checkIng of Incoming stock: the shipment of stock against aufflorized requisitions and the security of the stockroom. The responsibility for these stockrooms Is a full time occupation often including the repair and adjustment of technical equipment. This class also covers the positions of employees acting as group leaders, Some of these are in charge of functional units in large stockrooms, such as shipping or receiving. In all positions they assign and check the work of two or more subordinate personnel. This class also covers the positions of employees who spend at least 20% of their working time in purchasing as defined in the preamble of this series and who report to a supervisor whose· position has been upgraded by one level because· of purchasing responsibilities. It was the Union's position that the four paragraphs In· the Class Definition of \ . Clerk 3. Supply demonstrate fout ways in which 0 Clerk can be classified as a Clerk 3, Supply. The UnIon conceded that paragraphs 1. 3. and 4 do not apply . ·. 4 , I to the instant sJtuat10n and relied on paragraph 2 to support Its claim .that the I Grievors ore Improperly classified, During the course of thè evidence it become apparent that the Grievors ore not in "sole chorge of subsidiary speclallzed technical or trade stockrooms". However, We were informed that there are eleven sections in the stockroom and if one were to ~rect dividers such that they we"re physically separated then, according to the Union's position, a Clerk would be assigned to one or more of such sections and accordingly they would fit into the Class Definition. As it turns out however, each Grievor deals with all sections but that does not mean that they are clothed with lesser responsibility, So we were Invited to find that in fact the Grievors are in sole charge of subsidiary specialized technical or trade stockrooms. The oltemate argument advanced on behalf of the GriEwors was a usage . argument. That is to say, the work the Grlevors perform is the some work as a Clerk 3.' Supply located atthe psychiatric hospital In st. Thomas. It was the Union's position that the environment In both faci1íf1.es is similar - that there are I- approximately 450 beds at'the London Psychiatric Hospital, and about 370 at the Sf. Thomas Hospital - and we were informed that all beds at both institutions are occupied. Therefore, there is no significant difference between the .work performed by Clerk 2's and Clerk 3'5 at London and St. Thomas, respectively, The Employer dlspgreed saying that the second paragraph In the Clerk 3, Supply Class Definition is not applicable to the Grlevors. The Employer '" , 5 acknowledgedff1e concession made by ff1e Union In ff1at the Grlevors are not in "sole charge" of subsidiary specialized technical or trade stockrooms and that ot. the London Psychiatric Hospltàl the storeroom is not a sub.sidiary. of 'subsidiary specialized technical or trade stockrooms. And In support of that position we were referred to the Preamble to the Clerk Supply Series (Exhibit 8) which defines' stockroom. subsidiary stockroom. specialized section, etc. lhese definitions read as follows: 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 0 secure compound) from the other supply areas and which, although operated as an entity, forms port of a larger unit of supply organization. Specialized Sec1ion: A component unit of a large stockroom having a specialized function e.g. plumbIng supplies, clothing, linens, office supplies. ete. which mayor may not be physically separated or partitioned from the .main supply area. . Apart from the exceptions mentioned above, the sizes of stockkeeplng operations are defined as follows: I . { .. 6- Small Stoçkroom - This Is ~ 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. Laroe Stockroom .... .- A stockroom which requires a supervisor and five to nine subordinates. Very Laroe Stoçkroom - A stockroom which requires o' supeNisor and a minimum of ten subordinates. . In order to be a subsidiary stockroom it must be physically separated and .' ' operated os on entity. The Employer took the position that notwithstanding the \ ..... fact that there are eleven departments. on that basis alone the grievance ought to foil. Mr. Ramsay testified os a representative member of the Grievors and was shown 0 copy of the position description of a Clerk 3 at the St. Thomas Psychiatric I I Hospital. It reads under purpose of position as follows (Exhibit 6): , - Item 2. Purpose of Position Under the general supeNision of the chief storekeeper . coordinates the daily operation of the centralized linen. receiving. distribution: stores and asset control functions of the hospital. Mr. Ramsay, when taken through this position description. testified that the London faclUty does not operate a centralized 'linen function nor does Mr. Ramsay . I . . . ; 7 become Involved In receiving except when the ~~ceiver is not physically presen t. Mr. Ramsay further Informed us that he does not become involved with data sheets concerning Incoming hazardous materials which is one of the responsibilities, of a Clerk 3, Supply at St. Thomas, The job description of a Clerk 3, Supply specifies that twenty percent of his time is taken up in' "providing group leadership to the supply, process and distribution clerks, students and patlents..,:' We were Informed that oDe summer student Is employed at the London facility and any supervision or leadership given to that individual is by the three Clerk 2's and we were informed that the Grievors do not devote a similar amount of group leadership to the student involved. Furthermore, patients are used to assist at St. Thomas; whereas, this has not been the case for the past five years or so at the London facility, . In support of its usage argument the Union had Mr. Randy Silverthorne, a Clerk 3, Supply employed at the St. Thomas facility, appear and testify. Mr. Silverthorne testified that he, along with three other Clerk 3, Supply, were assigned to specific areas In the storage department. Each of the Clerk 3'5 rotate on a sIx month basis. but this is not always followed. and Mr. Silverthorne supervises two Clerk 2's In the form ofecting as a group leader. The storage! department at st. Thomas Is located approximately five-eighths' of à mile from the facility' which requires stores being transported by trolleys throu~h an underground tunnel. Further, one Clerk 3, Supply will be "designated" to coordinatèthe work of - the Clerk 2's and Patient Helpers. Mr: Silverthorne Indicated that a designated . . . . ... , 8 Clerk 3. Supply can suggest but he has no authority to order them to perform certain work. He claims that .he "suggests" that certain work be performed but that if they fail to perform that work he stated that he goes and does it himself, ~ On average there are between three and four summer students together with Patient Helpers who are either in or out resident clients who help pick stock. sort linen. wash c.arts. count linen. etc. It was Mr. Silverthorne's estimate that he spent approximately twenty percent of hIs time directing others to perform certain work, In our respectluI opinion. given. the evidence that was presented. we see a difference between the work performed by Mr. Silverthorne and that of the Grievors, He and his colleagues are in sole charge of "subsidiary specialized I . technical or trade stockrooms" which is one of the requirements' of a Clerk 3, Supply. Moreover, from the evidence that was adduced we are satisfied that the leadership which a Clerk 3, Supply gives to subordinates as well as patient clients and summer students is greater than the evidence reveals what occurs dt . . London. In both the class standards and usage arguments, it appears to l:JS that . the Grievors have failed to satisfy us that they ought to. move to Clerk 3. Supply or that they.are improperly classified. ! "- . 9 \ Doted at Kingston, Ontario, this 18 t h day of Februaryl992. Þ4 ¿~1f C. Gordon Simmons Vice Chairperson "Partial dissent without written reason" G. Malesky Member ffk;~~ . H. Roberts Member / \