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HomeMy WebLinkAbout1991-0293.Hoffman-Fitz et al.92-06-25 ONTARIO EMPLOY~_$ DE LA COURONNE CROWN EMPLOYEES DE L'ON TA RIO GRIEVANCE C,OMMISSlON DE SETTLEMENT REGLEMENT BOARD DES GRIEFS ['80 DUNDAS STREET WEST, SUITE 2100, TORONTO, ONTARIO. M5G 'lZ8 TELEPHONE/TELEPHONE: (4. '~5~ .326- ~3~8 180, RUE DUNDAS OUEST, BUREAU 2 I00, TORONTO (ONTARIO). MSG 1Z8 FACSli'...IILEIT~L~CO. PlE: (~4 [6) 32,6- '/396 293/91, 2787/91 IN THE. ~TTER OF AR ~tBITI~TION Under THE CROWN EMPLOYEES COLLECTIVE B~GAINING ACT Before THE GRIEVANCE ~ETTLEMENT BO~D BETWEEN oPsEu (Hoffman-Fitz et al) Grievor The Crown in Right of Ontario (Ministry of the Attorney General) Employer BEFORE: P. Knopf Vice-Chairperson P. Klym Member '- I. Cowan Member FOR THE R. Blair GRIEVOR Counsel Cavalluzzo, Hayes & Shilton Barristers & Solicitors FOR THE B. Bowlby EMPLOYER Counsel Hicks, Morley, Hamilton, Stewart & Storie Barristers & Solicitors HEARING November 7, 1991 May 11, 22, 1992 DECISION= This is a classification grievance. The grievors work as Investigative Social Workers in the Office of the Official Guardian. They are classified as Social Worker 2's (SW 2). They claim that the unique nature of their duties and responsibilities are such that the SW 2 classification and none other in the provincial classification scheme is appropriate to their positions. Hence, 'they are seeking a Berry order. To understand the grievors ~nd their jobs, one must first understand the role of the Office of the Official Guardian. The Office of the Official Guardian exists to represent the interests of children in litigation in Ontario. For purposes of this case, %his litigation would involve children's custody and access disputes in separation and divorce proceedings. Prior to 1987,' the Official Guardian's Office was nominally involved in all' divorce proceedings by overseeing a questionnaire that had to be filed~in matrimonial litigation involving children. Th~ Official Guardian's.Office only "investigated." and reported to th.e parties and the court where the questionnaires revealed that furthr information was warranted. But with the advent of the Courts of Justice Act in 1987, the role of the Official Guardian's Office changed fdndamentally in matrimonial litigation. Since that time, the Official Guardian's Office only becomes involved 'in contentious matrimonial matters when the Court orders the involvement. In those cases, the social ~ work staff conduct in depth Investigations to determine %~hat would be in the best interests of the children and make. recommendations to the Courts on'issUes of custody, access, edu.cation and support. In 'this work, the Office of the Official Guardian has the mandate to act o~ behalf of the children. Prior to 1987, th~ Official Guardian's Office was never involved in making recommendations to the Court. Now, the Official Guardian's Office has the duty and responsibility of making a report which contains recommendations to the Court regarding the issues involving the children. These reports, and the evidence of the Investigative Social Workers, who are qualified as experts in the Court proceedings, can be very influential in the determination of the litigation. At all times, the focus is on the best interests of the children. As the representative grievor, Ms.-Hoffman-Fitz said, "Our client is the child." The Employer ackn6wledges and recognizes that the Office has evolved into a group of highly trained and sophisticated professionals who use social work practice skills to collect and analyze information and to take proactive measures to resolve disputes when appropriate. There is little dispute over what the grievors actually do. It is set out in the Job. Specification appended as Appendix "A". To a large extent, the grievors accept the language contained in thd Job Specification, with the exception of the areas dealt with'below. The job specification reveals that the Investigative Social Workers work towards the gathering of information and the preparation of the Official Guardian's Report which is to be filed with the Court. When necessary, the Investigative Social Workers appear in Court to explain and justify the report and their recommendations. Also, when possible, the Investigative Social Workers used'the information gathered and their social work skills to try to work towards a mediated or consentual resolution of the dispute 'prior to a court proceeding. The Employer classifies the grievors as Social Worker 2's. The Class Standards for the Social Worker series are appended as Appendix B.' The relevant evidence called by. the parties focused on the aspects of the job that the Union alleges take the grievors outside of the classification of a Social Worker 2. First, the grievors stressed that although they are not often called upon to testify in court, they are expected to be able to testify to explain their investi(3ative findings and to justify 'the basis of their recommendations for resolution. In order to give such. evidence, Ms. Hoffman-Fitz explained that she ~has been qualified by the. court as an expert witness in the resolution of child centred family disputes. ~ This leads to the second aspect of the grievors' work whi'ch they claim is un'ique. Ms. Hoffman-Fitz describes this as their involvemen't in the settlement of disputes.. Another grievor, Ms. Wadsten, Sees 'this aspect of btheir work as "clearly part of our job". The grievors see their role as facilitating the mediation process.. They use various alternate dispute resolution (ADR) techniques, centered around the preparation of the release of the report. The policy of the Office is to allow the Investigative Social Workers to use up to two meetings to try to work out a settlement with the parties when it~iappears appropriate to begin such a process. If no resolution is reached after two meetings, the ma~ter could be referred to outside mediation professionals if appropriate, or referred on to the Courts for the traditional resolution by way of litigation. The grievors do not do all the work for the entire prgvince. The grievors are the in-house social workers on the Official Guardian's staff in Toronto. The rest of the province is served by Social~Work Agents who work on a ~.er diem basis, gathering information, preparing Official Guardian reports' and, in theory, facilitating settlement, as well. The Social Work Agents are also professional social workers. Many have worked for years with the Official Guardian's Office. But many are newly recruited and have been trained by contract personnel from the Official Guardian's Office since the Courts of Justice Act was proclaimed and the new and expanded ~role of the Official Guardian's Office has evolved. The grievers, being the in-house Investigative Social Workers, are divided into districts and each has one or two Social Work Agents assigned to them according to their districts. The grievers then give advice and consultation to the Social Work Agents regarding the gathering of information a'nd the writing of the Official Guardian reports. The grievers complain that their present job specification describes this type of work as "providing peer consultation." The grievers say that they receive no feedback from the Social Work Agents as they would imagine to be associated with "peer consultation". Instead, the grievers'review the Social Work Agents' reports for form,. content, grammar and spelling. The grievers may oversee the correction of minor clerical, grammatical or typing errors in Toronto. But if the grievers are not satisfied with the substance of ~he report, their responsibility is to phone the .Social Work Agents and. discus/~t improvements are necessary to make the report'~ceptable. Once the report is approved by the grievers, the Social Work Agent's report is then filed with the.. office of the grievers' supervisor~, Ms. Heisey, who then forwards the report to the Courts. In the Toronto office, the grievers may consult each .other for their professional opinion on issues. This is what the grievers would regard as peer consultation. But there is no requ'irement that they review each other's reports in the way that the Social Work ~gents are required to have their reports reviewed by the Investigative Social Workers prior to them being filed with Ms. Heiseyis office. The review of the Social' Work Agents' reports by the grievers varies in terms of time commitments. Ms. Hoffman-Fitz admits that some months wou.ld go by without her having to review any su'ch reports. Yet in another month she might spe~d "a whole day at it". She estimates she has done 12 or 13 of such reviews. The evidence is clear that the grievers do not supervise the Social Work Agents in a labour relations sense such as dealing with determination of their work, disciplining them or hiring them. Another facit to this "supervision" issue is Ms.. Heisey's involvement in reviewing the reports. The evidence reveals that on one occasion Ms. Hoffman-Fit'z took a "ma3or problem" on one of an Agent's report to Ms. Heisey for consultation. All the witnesses agree that it is up to the discretion of the Investigative Social Worker as to what degree of problem she may deem apprOpriate to consult Ms. He.isey about the Social Work Agent's reports or indeed their own reports. As Ms. Heisey herself said, "When I hire a Master's degree, I am hiring judgment as well." Thus., MS. Heisey explained that she relies on the professionalism and the expertise of the Investigative Social W~rkers to know when and in what circumstances they need to consult her about their own reports or about fundamental, legal or policy problems with a Social Work Agent's report. As Ms. Wadsten explained', "I'hold on to the case [from an Agent] and do the major cha~nges until completion."' Sh~ too has consulted' Ms. HeiSey regarding complicated, legal or policy matters. Otherwise, the Investigative Social Workers seem to handle the problems independently with the Social Work Agents until the report meets the standards of the Official Guardian's Office. The parties agree that if the reports or the Social Workers are 'ever critized by the parties or the Courts, the social Worke.r author would be called upon to testify in the Courts. But, on a matter of professional conduct or representation with regard to the writing of the report, Ms. Heisey is responsibl~ on behalf of the Official Guardian's Office, Hence, she reads all the grievors' reports herself but, due to the sheer volume of reports, she relies on the in-house staff to review the Social Work Agents' reports. - 6 - The grievors are also involved in the educational development of the Office. They provide "ins~rvice" programs on a voluntary basis on subjects of interest for their peers., They also assist in the training seminars for "panel.lawyers" who represent chiidrein in court. These are importaat yet infrequent events. Finally, the role of the Official Guardian's Office must be clearly understood. Ultimately, as part of a ~egal office charged with the role of representing the child ~n difficUlt litigation,- the grievors are responsible for issuing reports and being able to offer evidence that will assist the Court in deciding questions of child custody, access, education and support. The Union and the Employer agree on this role as is evidenced by a question put to ns. Heisey on cross-examination by counsel for the Union. Ms. He isey was asked, "The generation of the roport to the parties and the Courts in a dispute is at the centre of what your office is all about, correct?" Ms. Heisey agreed with that proposition. The Argument Counsel for the Union argued that the job of the Investigative 'Social Worker goes beyond the boundaries of the Class Standards for Social Workers. It was argued tha~ the 'job has evolved, since the changes in the office due to the Courts of Justice Act, so that the duties no longer fit within the Class Standards that used to apply. It was argued that the preamble of the Social Worker series makes it clear that the series is dedicated to the provision of direct service to clients and. spea~s to the active delivery of social work programs and treatment. It was said that this is different and distinct from the Investigative Social Workers' responsibility of providing expert evidence for the Courts to -7 - resolve custody disputes. Thus, it was said that the Class Standard does not fit these Social Workers. The Union argues that the Class Standard is also silent on what the grievors consider to be a fundamental or core aspect of the%r job, being their active involvement and participation in the dispute 'resolution mechanism for the Courts. It was said t'he Class Standard also fails to recognize, their role as an expert witness, or b~eing a mediator or facilitator for dispute resolution. Further, the Union stressed that the Class Standard does not give recognition to the supervision the grievors give to their DrofessiOnal colleagues, beil~g the Social Work-Agents. The Union argues that this type of supervision is not the "peer consultation" contemplated in the existing series, but instead it involves supervisory responsibilities in the non-labour relations sense. Finally, the Union argued that the t'raining and educational functions' of the Investigative Social Workers. of professional staff and lawyers associated with the Official Guardian's Office'is not recognized by the present standards. In short, the Union argued that the present classification of the grievors is inadequate to give recognition to their unique ,~u'ties and responsibilities. A Berry order was sought ordering the grievors to be reclassified to an aP'propriate classification. It was suggested that the. Employer be given 90 days to determine that classification. The Union relied on the following cases: Boyle v Ministry of Transportation and Communication, GSB File 675/85 (Brandt), Augu_st 12, 1987, Fensk~ v Ministry of Government Services, GSB File 494/85 (Verity), March 30, 1987, Angus v Ministry Of Correctional services, GSB File 203/84 (Brandt), October 10, 1986, Bck~_~ v Ministry of Agriculture and Food, GSB File 453/88 (Wilson), July 30, i990 and Dunning v Ministry of Transportation, GSB File 1574/88o(Gorsky), December 1, 1989. Counsel for the Employer began by stressing to the grievors and the Board that their opposition to this - 8 - grievance was not based on any disrespect or lack of appreciation for the grievors' highly valued and professipnal skills. Instead, it was based on the Employer's .. interpretation and application of the classification system alone. With regard to the~ classification system, the Employer urged us to read the Class Standard in a general way so as to allow for flexibility and variation of the application of the strict words. .The Employer challenges the Union's proposition that the Social Worker Series is tied to direct and active delivery of social work services. Instead, it was said that that may be one aspect of being a social worker, but is not fundamental to a "fit" into the series. Counsel for the Employer then took the Board through a detailed analysis of the Social Worker series and argued that the. evidence establishes that the grievors fit comfQrtably within the standards. Rather than summarizing this analysis in a way that would not do it justice, we are appending Ms. Bowlby's correlation of the duties alleged to be outside the classification to the Class Standard as Appendix !'C" to this award. On the basis of this analysis, the Employer argued that the grievors comfortably and properly fit within the Social Worker series as SW 2's. The Employer relied on the following cases: Jagger et al and Min£str~ of Consumer and Commercial Relations, GSB File 696/89' (Knopf), dated April 3, 1990 and Parker et al v Ministry of Transportation, GSB File 1528/88 (Roberts), July 27, 1989. The Decision The responsibility of this Board is to determine whether the grievors are properly classified. As the GSB has articulated many times, in deciding classification cases, the Class Standards are to be read in a broad, general and flexible way so as not to impose upon the employer the impossible task of specifying every element of each job. The - 9 - provincial civil service is simply enormous and Class· Standards are designed to give broad categories, rather than specific job descriptions for every type of .'job. In order for the Union to succeed· in a classification grievance, the onus is upon it to satisfy the Board that the ~undamental or core duties of the grievors are not~ adequately reflected in their present classification. Thusl, the task of a Board of Arbitration is to compare the duties and responsibilities of the grievors with the Class' Standard to see if the Class Standard recognizes the expectations the Employer has of the grievors. , In a case such as this, given the high degree of professionalism and independence of the grievors, this Board has to be careful that we do not analyze the job in terms of the individuals who hold the job. As was stated early in the Board's history in the Gerrard case, GSB File 521/81~ (Joliffe) at page 26: ~In reaching ~his conclusion we are not taking into account the grievor's long experience or high qualifications for the position [he] now holds. It is well understood' that what must b~ classified is the position itself, the duties and responsibilities required, a'nd. not the merits of the incumbent. Thus, in making the following analysis and·coming to the ~ollowing conclusions, we have done so on the basis of the duties and the expectations of the Positions, not on the basis of the vast individual expertise, competence and experience that the grievors possess. Essentially, the Union contends that· four aspects of the grievors' job take them beyond the scope of their classification. These aspects are the grievors' educative functions, their mediation and APR role, their supervision - 10 - of the Social Work Agents and their role as experts in Court proceedings. We shall deal with each of these in turn. With regard to the educative role played by the Investigative Social Workers, it is our conclusion that this aspect of their work is adequately covered by their current classification. The grievors have particiDated in educational workshops for the professionals in their office, including legal counsel. No doubt, the wisdom and experience the grievors hay9 brought to these seminars havebeen invaluable. However, the current Cla~s ~tandard for Social Worker 2's envisions that they would: participate in conferences, interpret ~epartmental policy and objectives and maintain liaison with other disciplines, jurisdictions and community agencies. They may assist ~in the training of departmental personnel and students in social service courses. These two sentences adequately cover the educativ~ role that these Investigative Social Workers play at present. Thus, we are not convinced by this .aspect of the evidence that they are improperly classified. Secondly,. the grievors stress that their use of mediation and .facilitating alternate dispute resolution techniques are not adequately covered by the Class Standard. Again, we are not convinced by this argument. The Social Worker 2 Class Standard indicates that the Class covers '"the positions of qualified Social Workers who provide professional social work services to clients .... They implement treatment plans to assist clients to resolve their problems and develop their maximum potential. The evidence establishes that mediation and ADR techniques are taught in scSools of social work as social work techniques. Facilitating a settlement between the clients and providing a mediative atmosphere for the resolution of a dispute seems to -11 - fit comfortably within the expectation that Social Workers provide social work services to clients and assist clients to resolve their Droblems. Hence, while we developed a tremendous respect of the grievors' ability to facilitate the resolution of such difficult problems, we do not feel that this aspect of their work is not recognized by their current classification. However, there are two aspects of the grievor's work which we do feel take them beyond their classification because they are not recogni~.ed in the current Class Standard. First, the grievor's role with respect to thc; Social Work Agents is not adequately reflected in their current classification. The Social Worker 2 Class Standard envisions that people would "supervise and review the work of Social Work Assistants, Chi'ld Care Workers, Residential Counsellors and other staff in the area." Filed before the Board were the Ciass Standards for the Social Work Assistants, Child Care Workers and Residential Counsellors. All these positions envision undergraduate degrees or certificate programs. The Social Work Assistant is something quite distinct from the ·professional Social Worker or Agent that these grievors are called Upon to supervise. While. the grievors' supervisory role does not appear to take up a large amount of their time, it cannot be viewed as an insignificant aspect of their job. The Office of ~the Official Guardian relies_upon the Investigative Social Workers to review the reports generated by the Social Work Agents, to work with those agents to ensure that the reports meet the standards of the office and to do the final check through those reports before they are released to the Courts. This is the identical role played by Ms. Heisey, the grievors' supervisor, with respect to' the grievors' own reports. Given that the gathering of th~ information and the publication of ~ these reports is the raison d'etre of this aspect of the Official Guardian's Office, the role that the Investigative -12- Social Workers play with~regard to the Social Work Agents must be seen as siGnifcant and important. Nothing in the present Class Standard envisions this high level of responsibi.lity of supervision over professional staff. Secondly, the grievors' responsibility and ability' to appear in Court as an expert witness o~ behalf of the Official Guardian's Office is also not recognized in ~he current Class Standard. The closest that the current Standard comes to recognizing this aspect of the grievors' work is that it envisions Social Workers compiling social histories and formulating psychological diagnoses of the personal and environmental causes of social disfunctioning. Further, the Standard contemplates that the Social Workers will "consult.with members of other professional disciplines and may serve as members of treatment teams, institutional and community committees." Final.ly, the Standard allows that the Social Workers will' "participate in conferences and group discussions." No matter how broad, generally or flexible Class Standards can be read, the role of the Investigative Social. Worker appearing before the Courts as an expert . witness in the resolution of child-centred disputes is fundamentally differen~ from concept of "consulting with members of professional disciplines" or "serving as members of treatment teams, institutional and community committees." A judicial resolution of a child centred dispute is not anything related to a treatment team or a community committee. Instead, it is a formalized dispute resolution mechanism. .By definition, the recognition df the Investigative Social Workers as "expert witness" in the Courts is a recognition of their ability to give an informed opinion on a matter of professional expertise outside of the realm of general knowledge.' Everything the Investigative Social Workers do is focused on the generation of the Official Guardian's report. The report would have no value unless these Investigative Social Workers were able to - 13 - explain their a'nalysis and justify their recommendations, as expert wi~tnesses. This is a new and unique role for these Investigative Social Workers that has evolved since the Official Guardian's Office has adapted to the Courts of Justice Act. Nothing .in the pres.ent Class Standard recognizes the importance of this role. .While it is true that the grievors admit that they a.~e not often called upon to testify 'in Court, their reports would have no weight 'or effect unless they were able to come forward and testify. The frequency with which they will testify, is some'thing that the Ministry can take. into account when determining the appropriate classification for these people. ~ut for purpose of this Board's jurisdiction in determining whether the current Class Standard adequately covers the grievors' respDnsibility, we must conclude that the present Standard does not. i Hence, on the basis of the above reasoning, we have concluded that. the present Class Standard does not adequately reflect the grievors' responsibilities with respect to 'their supervision of Social Work Agents and that the expectation that they be able to appear in Court as expert witnesses.. Thus, we conclude that they are improperly classified as Social Worker 2's. Pursuant to the~Berry case, we direct the Employer to find or create a classification which accurately reflects the grievors' responsibilities. The grievors should then be compensated in accordance with the .higher Class Standard selected or created retroactive to'20 days before the filing of this grievance. The Board further directs that the Employer is to be given a period of three months from the date of this decision to determine the appropriate classification for these grievors. The Board remains soized with jurisdiction in respect of any problems which may arise out of the.implementation of this Award. DATED at Toronto, Ontario this 25thday of June, 1992. Paula Knopf - person "I Dissent" (dissent attached) I. Cowan - Member DISSENT RE: 293/91, 2787/91 OPSEU (Hoffman-Fitz et al) and the Crown in Right of Ontario (Ministry of the Attorney General) I have carefully reviewed the draft decision in the above matter and find I must, .with respect, dissent from my colleagues. decision. As stated at page'9'the'Union contends that there are four aspects of the grievors jobs which take them beyond the scope of their present classification of Social Worker 2. These are the grievors 'educative functions; their alternative dispute resolution responsibilities; their supervision of outside Social Worker Agents and their role as experts in Court proceedings. The majority find the firs%, and second of these functions fit comfortably within their Social Worker 2 classification but find that the latter two aspects of their work' take them outside the SW2 standard and it is with thiSconclusion that I disagree. As I'recall the evidence of the representative grievors the time devoted to each of-these two functions was s'~fficiently minimal as to lead this membe~ of the Board to categorise it as insignificant .and incidental. Ms; Hoffman-Fitz indicated that months may go. bywith no contact with Social Work Agents in her geographic area of responsibility ahd with regard testifying as an expert witness in Court proceeding she told us she had "attended only one trial." We have no evidence concerning the frequency of these duties for the other grievors, or, for that matter, whether or not any of them exercise a supervisory role over Social Worker Agents of have ever been involved as an expert Witness on Court proceedings. As stated at page 8 of this decision the responsibility of' the Board is to determine whether or not the grievors are properly 'classified and in this process to read Class Standards in a gene~al and flexible way. The employer is not required to specify every element of every job covered by a Class Standard %~ich would require revision on a constant ongoing and impossible basis. In this members view that is precisely:what panels of this Board are thrusting' upon the employer by means of the increasing number of Berry type decisions being issued. In the result I would'have denied the grievance. I. Cow~, Member June 24, 1992 ( '. Position Specification & Class Alit 'ion-CSC 61 · APPENDxX "A" (Relef to back c)l form lot comptetio, ,$tructions) ~tar~ For ~C s~,s: ~Cial Wn~ker 02-664]-62 Social Worker ~ 10104 Min~lr~ O,visi~ Attorney General Civtl Law Official Guardian 180 Dun~s St. W.. TorontoI 69501 of ~ ] Pr~iM~ ~ )~r~mp to. ~ )mm~a~e SuO~,~'l tqtme ~ ~r's ~mmn cum Pur~sl of ~ifion t~v ~ ~ ~ilion To conduc~ social work ~vee~tga~lons and ~ite =e~8 ~or ~e co~ . including reco~enda:ions In cases relating to custody, access, matn~en~ce, education and :he ~ro:ectton of perso~l and pro~y rights of chilean where :here Is an action before :he Coup. Con:'d. ~ Pg. 2 1. Conducts lndepth social work tnvestigaCion~ to evaluate ~d prague official Guardian reports ~o :he CouPs - pardoning full. social work assessments including investigations, evaluation, assessment ~or :he pu~ose of ~reparing repo~s for :he O~ficial Guardian ~o :he Courts involving :he oua:ody, maintenance and e~uua:ion of chilean involved In legal - in:e~iewing individuals o~ diverse background~ vis-aYls age, l~ege, cul:~e, s~lo-economic s:a:us~ -~ranging and conducting disclosure and/or se=clement meetings in selected rases wi:h p~ies and their eo~sel~ - consulting with social workers in o:her Judicial ~is~icts, jurisdictions, agencies, la,ers and solicitors, gove~en: or agencies in :he process of inves:iga:ions for :he p~ose of providing adviso~ or consul:scion semites in :he branch, :he CouPs, - providing 9ear consul:a:ion ~o Official Guardian social work ~gen:a including critiquing and providing ~ee~ack on :heir being filed wl:h :he -being accoun:~le to :he Cour: for :heir inves:lga:ive assessment, by giving eviden=e a: trial and being cross ex~ined on :he~ findings~ - assailing ~ analyzing all teleran: in~o~a:ion, apglying :he skills and knowledge of :he social work 9rofession ~o assist :he Cou~ in identifying and 9to:et:lng :he best in:erases of chil~en~ .'../2 ~.S.W. or ~.S.W. degree with previous social work e~rlence. BxceZlent ~ili:y :o ln:e~iew individuals involved in ~'ily bre~do~/:ra~a si:ua:ions, pa~l=ularly chilean. Bxcellen: anal~ioal skills ~o aase~s social work in~o~a:ion. ' Con:inued 0n ~g. 2 B.,Heisev W. McTavfsh, Official Guardian 9+ C. ) 02-6641-61 INVESTIGATIVE SOCIAL WOP. KER PURPOS~ OF PO~ITJON CQNTI~ED~ To work collaboratively with child representation law, ers, when requested, to assist them in arriving at a position that best represents the child's interests. DUTIES & RL~T~D TASKS· CONTINUED= .2. Assists lawyers providing legal representation for ckntldren and/or acting as litigation guardian - providing consultation and advice to child's counsel as to psychosocial .aspects of cases~ o assisting in the assembling of information and evaluating the data gathered~ - assisting in lnterpret£ng child's needs, wishes and preferences~ - appearing at meetings'and in Court when requested by child's counsel or litiga~ion guardian~ - appearing in Cour% to testify with respect to the facts gathered during the investigation, and presentation of the child's view and providing professional opinions. 3. Employs media=ire ~echniques in cases where it is warranted, to assist =he parties, when possible, to resolve their dispute. 4. Evaluates information contained in requests from Courts, lawyers, parties or any other persons for the involvement of the Official Guardian's Office, in the preparation of an investigation and report, and ascer~ains the need .for same by~ - receiving, examining and analyzing a wide variety of information, data, statements, e=c.~ containing Cour~ orders, mo~ions, affidavits,' petitions, assessments. 5. Participates in'educational endeavours - conducting training sessions for in-house staff and panel lawyers~ - supervising and evaluating social work students and at=ending liaison meetings with the Social Work ~epar~ment of the University of Toro~o~ - giving talks to community groups and social agencies regarding the Office of the Official Guardian, and custody and access issues. 6. Engages in correspondence, inter~iews and ~el~phone con~ac~ with solicitors, Children's Aid Societies, government agencies, general public, the par~ies or related persons in order to gain f~r~her insight, clarify, exchange or obtain additional da=a, etc. required to complete the evaluation of the case~ ~ ' - ensuring ~ha= reports are prepared within legal'time - being knowledgeable about recommending resources in the community which may be able ~o assist the child and his or her famlly~ - keeps'abreast of changes in relevant legislation. 7. Performs other related duties such - filling in for Clinical Coordinator of Social Work as r~quired~ - filling in for case managers/~ocial work lnvee~iga~ors as requested] - assisting wit~ orientation of new staff, including ar~icling students. ~KILLS & ~NOWLEDGE CONTINUED~. Ability to conduct appropriate indepth investigations and to prepare Official Guardian repo~cs. Superior interpersonal and communication skills utili~ing tact and the highest degree of discretion when dealing with Child Welfare officials, the legal profession, the general public and clients of ~he Official Guardian. Ability ~o work with interpreters. Knowledge of relevant legislation, e.g., Family Law Act, Divorce Act, Children's Law Reform Act, Child and Family Services ACt, Cour~e of Justice Ac~. Working knowledge of the Court system. APPENDIX "B" CLSS STANDARD Thi~ ¢la~s ~erie~ covers ~:i:io~ in ~e field of ~e~e ~c~ ~e~ces a~i~t in~dua~ f~es, ~oups, a~ co~ies ~a~f~ ~er-rela~o~Mp~'~d · be~er scowl o~er[ ~plcyces u~e one or ~ 3oc~,l work me~o~ ~ a~e~, ~ezc or prev~c ~e ~derly~ ~rience.. ~e f~ work~ l~wel for q~ied ~cc~,~ ~rkers. .[u/I 4, 19~1 This class ¢over~ en~7 level pcsitionz of ~oci~ ~o~er~ ~o ~a~-~.~ ~c~rk ~erience fc~c~ c~e~cn cf ~der~~e ~ofe:ssicn~ e~tien. ~7ees receive ~c~on o~ de~en~ ~~ ~d ~ose su~sion, ~ey con. ct ~te~e~, cmp~e c~se ~stories, zssess p~, ~d reco~end sup~r~ve ~e~en~. ~ey p~vide co~e~t u~ze ~ppr~pr~ce ¢0~~ reso~ces ~ aeec ~en~' nee~. ~ ~ ~si~o~ ~: ~is level, a~s~en~ ~e s~ected ~ p~e ~cope for ~evelo~en: of c~pe~ence. Se~or s~c~l ~=k~rs p~e profession~ ~od ~owle~e of ~e ~r~ciples,. tec~ques ~d ~o~ of sec~. Ee'rised, Tu-ly 4, 1~]1 CATEGORY: S¢~_.~=ific and Professional Services GROUP= S~-ll Social Developmen: SERIES; Soo&al Worker CLASS CODE: 10104 CLA.S~ STANDARD: SOCIAL WORKER 2 This class covers the posi:ion~ of qualified social workers who provide professional soc~] work services :o clients under the general' supervision of a senior social 'worker or o~her professional or administrative official. They conduct in~erx-iews, compile social hi=tories and formulate psychosocial d/agnosi$ of. the person~i and enviroumen~%l causes of social dysfunc=ion/n~. They implement treatment plans to assisi clien;s t~ resolve their and develop their -~-{.~-~ po:ential. They provide service by any one or a conbination of the ~oc+-~ work methods appropriate =o r~e func~ion~ of.u he department and service. They evaluate the effectiveness of ;he ~reaunent plan and modify or revise as necess&rI. TheI consult w&~h members of other professional disciplines and may serve as members of treatmen~ =eams, ins=itu~io~%l and comnuni%,/ conmittees. They may supervise and review the ~rk of social work assis~anrm~ child care workers, residential counsellor= and o~her s~aff in :he area. They par~icipa=e in co~ference~ and ~roup ~/scussi~ns, ia=erpre= departmental ~olicy and objec~/ve~, and maia~ai~ liaison with other ~i-ciplines, jurisdictions, sad conmmivy a~encies. - They may assi~ in t~e ~ra/ning of deparunen~al personnel and srudent~ in social serwice courses. Thoro'ugh knowled6e of the principles, =echnique$, and mer/~ods of social' work and aB/livy ~o apply them in the work situs=ion; abilivy to fornml~te ps7ehosocial diagnoses and sk/ll in implemen=ing them; knowled6e of d/a~no=ti¢ and =reatment ~rocedure~ ur.(li~ed by rela-ted c[isciplines; ~ood kncwled6e of departmen=al pro,rams and policies; abilit7 to develop co-opera=ire working. rela=ionships with o. ther professional s~aff; personal sol=ability. Revised, July 4, 1971, ~aveloFm~c ~r~es. SOCL:tL ','ORK SL~R'v"CSOR : cc~:e ~e uork of sever~ ~c: ~s ~-· 1Ar~ ~eo~z~hic or ~Bza ~e~ o~ supe~.~e ~e soclzl work pr~s , sma~ fac~i~s. ~$ class ~3~ co~ers ~he ~si~io~ of employees %ho ~e c~ef soci~ worker~ ~ prov~cial ~~io~ ~i~ a soci~ b'ork ~ro~ comprised of ~9 ~r more ~e ~rk, cvaluara ~f ~erfo~ance~ re~ ~e re~:~ effec~iv~ '~ork rela:ions~p~ ~h cc~ ~ou~ ~ a~encie~, ~ clz~ ~o cover~ :he Fc~im~c~ of p~oj~c: ~u~e~ors en~ f~-~e on ~e ~velo~e=~ of c~prehe~ive for ~ speciali:~ s~en~ of z pro~c~e ~ec: ~e~.:e ~ '.. · ~cr:u~ ~r~f~ssicnzl ~cvl~e ~f c~e ~ci;l~$, ~ro~ objectives :o ~e ~c~; ab~¢~· :~ co~c~ ~ce~ APPENDIX "C" CORRELATION BETWEEN DUTIES ALLEGED TO BE OUTSIDE CURRENT CLASSIFICATION AND CLASS STANDARDS - A. POSITION SPECiFiCATION: 1. [1. Conducts Indepth social work Investigations to evaluate ,and prepare Official Guardian Reports to the Courts. by:] Consulting with social workers in other jUdicial districts, Jurisdictions, agencies, lawyers and solicitors, government or law agencies in the process of Investigations for purpose of providing advisory or consultation services In the branch, the Courts, etc; APPECABLE CLASSIFICATION LSTANDARDS: (a) Preamble - provision of social work services in provincial programmes of social development, adjustment, prevention and rehabilitation .... AssiSt individuals, fam[lies, groups and communities to achieve and maintain effective personal development and social functioning, satisfying interrelationships and a better social order. Social Work services are given in a variety of institutional :settings. (b) Social Worker 2 - Senter~ce #2 - They conduct interviews,compile social histories and formulate psychosocial diagnosis of personal and environmental causes of social dysfunctioning. Sentence #5- They consult with members of other professional disciplines and may serve as members of treatment teams, institutional and community committees. Sentence #8- They participate in conferences and group discussions:..malntain liaison with other disciplines, jurisdictions, and community agencies. 2. Appearing in court to give evidence based on their findings in the course of their investigation: APPUCABLE CLASS STANDARDS: (a) Preamble - provision of social work services in provincial programmes... -given in variety of institutional settings (b) Social Worker I ....assess problems and recommend supportive treatment (c) Social Worker 2 - Sentence #2- compile social histories and formulate psychological diagnosis of the personal and .. environmental causes of social dysfunctionin9 .. Sentence #5 - They. consult with members of other · professional disciplines and may serve as members of treatment teams, institutional and community · comm~ees. Sentence #8- participate in conferences and group discussions .. [Assists lawyers providing legal representation children and/or acting as for litigation guardian by:] . £ 3. /appearing at meetings and Court appearances when requested by child's counsel or litigation guardian... APPUCABLE CLASS STANDARDS: - See 2 above 4. appearing in Court to testify re: facts gathered during Investigation and presentation of child's point of view - See 2 above 5. Evaluates Information contained in requests from Courts, lawyers, parties or any other person for the Involvement of the Official Gaardlan's office in the preparation of an Investigation and report and ascertains the need for same by: - receiving, examining 'and analyzing a wide variety of information, data, statements, etc. contained In Court Orders, motions, affidavits, petitions, assessments APPLICABLE CLASS STANDARDS: (a) Preamble - Employe~ use one or more Sbcial Work methods to assess the underlying causes of social dysfunctioning - they develop and implement appropriate social treatment plans and evaluate~ results - variety of settings ,. .+ (b) Social Worker I .... conduct interviews, comPile case histories, assess problems and recommend supportive treatment. (c) Social Worker 2 - Sentence #2- conduct interviews, compile social 'histories and formulate psychosocial diagnosis of the personal and environmental causes of social dysfunctioning. Sentence #4 - They provide service by any' one or combination of the social work methods appropriate to the functions of: the ministry and service. Sentence #5- evalu.ate effectiveness of treatment plans and modify or revise as necessary. Sentence #6- consutt with members of other professional disciplines B. ADDITIONAL DUTIES CITED IN UNION .STATEMENT 6. Evaluating, critically appralsing and providing feedback on Official Guardian reports prepared by professional social worker working as agents for the Official Guardian around the province. APPMCABLE C -I;ASS STANDARDS: -~ (a) Social Worker 2 - Sentence #5- evaluate effectiveness of treatment plan and modify or revise as-necessary Sentence #6- may serve as members of treatment teams Sentence #7- may supervise and revj.e~y work of sobial worker assistants, child care~'~'residential counsellors and other staff in the area Sentence #8- participate in conferences and group discussions...maintain liaison with Qther disciplines,jurisdictions, and community agencies, (emphasis added) 7. Conducting dispute resolutions, such as mediation, with clients, with or without presence of client's lawyers APPMCABLE CLASSIFICATION STANDARDS: (a) Preamble: These direct services assist indMdua~s, families.., to achieve and - maintain effective personal development and social functioning, satisfying inter- relationships...Employees use one or more social work methods to assess, treat or prevent the underlying causes of social dysfunctioning... (b) - Social Worker 2- Sentence #3 - They conduct interviews... Sentence #4 - provide service by any one or combination of the. social work methods appropriate to functions of the ministry and service (c) KNOWLEDGE AND SKILLS REQUIRED: Thorough knowledge of the principles, techniques, and methods of social work and ability to apply them in the work situation; ability to formulate psychosocial diagnoses and skill in implementing them; knowledge of diagnostic and treatment procedures utilized by related disciplines; 8. Involvement in educational endeavours such as, conducting training sessions on Issues with respect to custody and access for Inhouse staff and lawyers and other lawyers ,a=~l the province who act as agents of the Official Guardi Ii' ' APPLICABLE CLASS STANDARDS: Social Worker 2 ' Sentence #9 - may assist in training of Ministry personnel and students in Social Service courses. Sentence #8 - maintain liaison with other disciplines, jurisdiction... 9. Must have knowledge of relevant legislation and court system, Family Law Act, and Divorce Act, Child's. Reform Act, Child and Family Services Act, Courts of Justice Act and keep up to date on changes in this legislation. APPMCABLE CLASS STANDARDS: , (a) p.r_eamble: provide social work services in provincial programmes of social development, adjustment, prevention and rehabilitation (b) Social Worker 2 - Sentence#4 - provide service .... appropriate to - functions of Ministry and service Sentence #8 - ...Jnterpret Ministry policy and objectives ....