HomeMy WebLinkAbout1991-0167.Patterson.92-10-16 · ONTARIO EMPLOYES DE LA COUF~'ONNE
CROWN EMPL 0 YEES DE L 'ON TA RIO
GRIEVANCE C,OMMiSSlON DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 OUNOAS STREET WEST, SUITE 2tO0, TORONTO, ONTARIO. M5G ZZ8 TELE=HO,'~'E TS_£c~'~E 4 '.~ 325
180, RUE DUNOAS OUEST, ~U~EAU 2 ~00. TORONTO (ONTARIO]. MSG IZ8 ,=~CS~;~LE -=' =~r J ',~ ~_ ·
167/91
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARG~ININ~ ~CT
Before
THE ~RIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Patterson)
~rievor-
- and -
The Crown in Right of Ontario
(Ministry of Correctional Services)
Employer
BEFORE: S. Stewart Vice-Chairperson M. Lyons Member
F. Collict Member
FOR THE M. Doyle
UNION Counsel
Ryder, Whitaker, Wright & Chapman
Barristers & Solicitors
FOR THE J. Benedict
EMPLOYER Manager, Staff Relations & Compensation
Ministry of Correctional Services
HEARIN~ November 27, 1991
May 13, 1992
DEC~SION
Mr. E. Patterson is employed as a Purchasing officer at the
Guelph Correctional Centre. Mr. Patterson's position description
is attached hereto as Appendix A. Mr. Patterson's position is
classified as Purchasing Officer 2. The Purchasing Officer 2
class standard is attached hereto as Appendix B. The Union's
position is that Mr. Patterson's position is improperly
classified and that it ought properly to be classified as
Purchasing Officer 3. The class standard for Purchasing Officer
3 is attached hereto as Appendix C.
As the position specification indicates, Mr. Patterson's
duties involve purchasing for the Guelph Correctional Centre and
its industries, as well as purchasing items for Waterloo and
Wellington detention centres. In usual circumstances, Mr.
Patterson receives a form signed by a supervisor who has
authority to request the purchase of an article or a service.
The purchase is authorized by that person's designated
supervisor, usually a senior superintendent who signs the form
authorizing the purchase. The request to purchase is also signed
by Mr. Patterson's supervisor, Mr. Mask. Mr. Patterson then
receives the request to purchase form and depending on the amount
involved, a ma~r which may not be clear from the outset, Mr..
Patterson will proceed to obtain an oral estimate, written
estimates, or, in certain instances, solicit tenders. Mr.
Patterson testified that he decides where to obtain the
quotations for the article based on his knowledge and experience.
3
of Mr. Patterson as "indirect supervision". As previously noted,
Mr. Mask signs all purchase requests. He ~estified that the
purpose of his signature is to confirm that there are funds in
the budget to cover the purchase. Mr. Mask testified that Mr.
Patterson brings unusual matters to hi~ attention in order that
they can discuss them. Mr. Mask stated that he has never vetoed
a purchasing order signed by Mr. Patterson. However, he does
have authority to do so.
Mr. Patterson referred the Board to a memorandum dated April
11, 1985 that he received from Mr. N. C. Muir, administrative -
supervisor. In this memorandum Mr. Patterson was advised that
there had been several changes to policy and procedure as a
result of the decentralization of purchasing. In particular, the
Board was referred to paragraph 4 of this memorandum which states
as follows:
Ail industrial raw materials, industrial equipment, and
self-sufficiency farm product and equipment up to a value of
$50,000 may be purchased locally. This delegation is for a
one year period, and will be reviewed and renewed at the
fiscal year-end.
Mr. Patterso~estified that following this memorandum he was
involved in the purchase of items up to a value of $50,000.
Mr. Patterson testified that in December, 1990, he received
a revised Goverment of Ontario purchasing manual. Page two of
4
this manual, under the heading "purchase-order signing
authorities" states as follows: "Senior Officials and Purclhasing
Officers may sign Purchase Orders up to the value stated in
Exhibit 9.1." Exhibit 9.1 indicates that the authorizing limit
for Purchasing Officer 2 is up to $20,000 while the limit for
Senior Purchasing officer is up to $50,000. Shortly following
receipt of this material Mr. Patterson filed a grievance dated
January 11, 1991, claiming that he was improperly classified and
ought to be properly classified as Senior Purchasing Officer
(Purchasing Officer 3) retroactive to April 1, 1985. By letter
'dated January 31, 1991, Mr. J. Mask denied the grievance. The
relevant portion of Mr. Mask's letter states as follows:
Information in the revised Purchasing Manual led you to
claim that you should be at the Purchasing Officer 3
level. I have given this matter thorough consideration
and reviewed all the available facts.
In a memorandum you received from Mr. N. Muir,
Administrative Supervisor, dated April 1985, you were
advised that you could sign program related purchase
orders up to $50,000. This was to be subject to
regular review.
I have decided that in light of the most recent
delegated tendering authority to limit your signing
authority to a maximum of $20,000. You are, therfore
instructed that as part of your purchasing process any
orders exceedingyour authority limit of $20,000 will
require my signature before the purchase order(s) are
distributed.
In view of the above, your job description meets the
standard of the Purchasing Officer 2 in every respect
and therefore your grievance is denied.
Mr. Patterson testified that since January 3~, 1991, he has
performed work in connection with purchases in excess of
5
$20,000.00. However, the documentation in connection with the
purchase was forwarded to the Employer's North Bay offices and
the purchase order was signed by a person in the classification
of Purchasing Officer 3.
The issue to be determined is whether the evidence
establishes that Mr. Patterson's position is improperly
classified as Purchasing Officer 2. In accordance with the test
set out in Braund 39/89 (Slone), at p. 19, the issue is whether
the job as performed fairly fits within the general language of
'the class standard to which it has been assigned. Accordingly,-
we must look to the provisions of the Purchasing Officer 2 class
standard. We were referred to a number of decisions of this
Board in which the Purchasing'Officer class series has been
considered, including Lott, 852/89 (Kaplan), Behrsin, 1363/90,
(Knopf) and Thalesvar, 1659/90 (Knopf) and have considered the
duties of Mr. Patterson's position in light of the views
expressed in those decisions. Subject to our comments below, it
is our view that the responsibilities of Mr. Patterson's position
with respect to the nature of the purchasing duties are
reasonably encompassed by the general description of
responsibilities contained in the Purchasing Officer 2 class
standard. Mr. Patterson carries out "responsible technical
procurement work". In her submissions, Ms. Doyle emphasized that
the third paragraph of the "characteristic duties" of the
Purchasing Officer 2 states: "makes recommendations on placement.
6
of orders". Ms. Doyle argued that Mr. Patterson's duties entail
more than the making of recommendations with respect to the
placement of orders, in that he actually signs the purchase
orders. We cannot agree with Ms. Doyle's submission in this
regard. While the Purchasing Officer 2 class standard
contemplates the recommendation of purchases it also clearly
contemplates actual responsibility for purchasing. The fir:st and
second sentences of the class standard clearly support this
conclusion. In our view, the kind of supervision provided 'to Mr.
Patterson by Mr. Mask falls within the ambit of "general
'supervision" as described in the Purchasing Officer 2 class -
standard. As well, Mr. Patterson's supervisory responsibilities
for the purchasing clerk are specifically contemplated by the
Purchasing Officer 2 Class standard.
The Purchasing Officer 2 class standard does not refer to
specific monetary amounts as defining the classification. This
is, of course, not surprising, as class standards are intended to
provide general descriptions of duties. Moreover, to the extent
that.certain financial levels may define levels of responsibiity,
the effect of inflation over a period of time would render
specific figures meaningless. However, as Ms. Doyle emphasized
in her argument, the Employer has had a policy that the authority
of the Purchasing Officer 2 is to be limited to $20,000.00. In
this regard, we agree with Ms. Doyle that the Employer has
clearly defined the level of "responsible technical procurement
7
work" that falls within the level of Purchasing Officer 2 and
that which falls outside of it. Notwithstanding his
classification as Purchasing Officer 2, Mr. Patterson has been
given authority to sign purchase orders up to the value of
$50,000.00 and the Employer has had the benefit of Mr.
Patterson's assumption of responsibilities at this higher level.
The assumption of this responsiblity is clearly a matter of some
significance. As this Board stated in Lott, su_~, at p. 21:
"... while other factors will undoubtedly come into play, dollar
value is a significant indicator of responsiblity". While we
'would otherwise have concluded that Mr. Patterson's position is-
properly classified as Purchasing officer 2, this matter.compels
us to conclude that at the time of the grievance Mr. Patterson's
position is improperly classified.
While we have concluded that Mr. Patterson's position was
improperly classified as Purchasing Officer 2 at the time of the
grievance, we are not persuaded that the position ought properly
to have been classified as Purchasing Officer 3. There were a
number of arguments advanced by Mr. Benedict as to why the
Purchasing Officer 3 is an inapproprite classification for this
position as-it- existed at the time of the grievance. We will not
address all of those arguments because in our view Mr.
Patterson's position clearly fails to meet a critical criterion
for classification as Purchasing Officer 3. The Purchasing
Officer 3 class standard states that: "Employees in this Class
8
supervise subordinate Purchasing Officers and clerical workers
carrying out a variety of duties relating to purchasing". 1Fnile
Mr. Patterson supervises a clerical worker, he does not supervise
a subordinate Purchasing Officer. As was noted in Behrsin, a
contextual reading of the two class standards indicates that this
is a matter of some significance. On this basis alone, the
position occupied by Mr. Patterson clearly falls outside of the
Purchasing Officer 3 class standard. In our view, the
appropriate remedy in this case is a "Berry Order", an order
directing the Employer to establish a proper classification for
L the position. We note that the matter of the establishment of-a
new classification appears to be essentially an academic matter,
as the one matter that has compelled us to conclude that Mr.
Patterson's position has been improperly classified, the
responsibility for the purchases up to the value of $50,000.00,
has now been restricted. Mr. Patterson is now limited to a
$20,000.00 signing authority, which, in accordance with the
Employer's policy, is the limitation for positions in the
Purchasing Officer 2 classification. It was submitted that the
the fact that Mr. Patterson retains responsibility for work in
connection with purchases over $20,000.00, even though he is
restricted i~igning authority with respect to these purchases,
should lead us to conclude that he continues to perform work
outside the Purchasing officer 2 class ~tandard. We cannot
agree. The ultimate responsibility in signing the purchase order
for such large exl0enditures no longer rests with Mr. Patterson.
9
Mr. Patterson's functions in connection with these purchases
clearly come within the description in the first paragraph of the
Purchasing Officer 2 class standard which refers to the existence
of persons at a higher level "... who confirm decisions involving
heavy expenditures...".
We turn now to the issue of retroactivity. Ms. Doyle
submitted that Mr. Patterson ought to be awarded retroactivity
extending back to April, 1985, when he first assumed
responsiblity for signing purchase orders up to $50,000.00. The
'ordinary rule is that retroactivity is limited to twenty days
prior to the date of the filing of the grievance. There is a
well established exception to that rule in cases where the matter
has been raised by the grievor with a member of management and
the grievor is given some assurance that the matter is being
pursued. In those instances, retroactivity may be extended back
to the date that such an assurance was made on the basis that to
take another approach would encourage the early filing.of a
grievance and the formalizing of opposing positions. While, as
Ms. Doyle emphasized, Mr. Patterson was not aware of the
Employer's guidelines relating to signing authority that
ultimately le~ us to conclude that his position was improperly
classified as Purchasing Officer 2 at the time of the grievance,
the facts of this case do not fall within the established
exception for retroactivity beyond twenty days prior to the
filing of the grievance. We are not persuaded that the facts of
10
this case compel a further broadening of the exception to the
ordinary rule. Accordingly, retroactivity is to be limited to
twenty days prior to the filing of the grievance.
In accordance with the foregoing, the grievance is allowed.
We retain jurisdiction in order to deal with any difficulties
that may arise in the implementation of this decision.
Dated at Toronto, this ~6~h day of October, 1992
S. L. Stewart - Vice Chairperson
d.
Member
~ppen.~ ~ ~ ~ ~ ~ (Refer Io bec~ ~f fo~ for compleUon In~ucflonl)
BU~CI~S~ NG OFFICER ~D-8045-0S
i=u...~,~: Purchasinl Of Eicer ] 1g-8205-05
Clelk S General 51~8
CorrectLons[ Services O~erattons
L [ J 2 J Administrative Supervisor J
PUr~BI of ~lltlofl (why ~e
perform responsible purchasing ~uttes for Gue2pb C~rtecttona[ Centre and It's industries,
tflctud~ng G.A.T,U, and Camp Ouf~ettn. as .eta As spec~E[c purchasing ~ot Watet2oo and
~';e2[[ndton~Oetent~on Centres; to p~rEo~ totaled putchastn8 cZettc8[ ~uttes; to supervise
~,~botdtnate sta~ and pet~otm other Foisted duties as
SO~ Under ~he geneFal supeFvtsto~ oE the Adm~n~s~FaCton Supecv~so~,
responsible purchas/n~ duties in accordance vtth es~ablLshed Htn[stry ~ ~ver~e~t
purchasing policies and procedures by:
- putc~stng up to $~,0O0.0OO.O0 worth of goods annually by Local purchase procedures,
includtn~ all purchase requirements up to · value of $10,000.00 per order for non-
restricted items, and all industrial re. materials and equipment up to a value of
$SO,OOO.OO per order;
- processing requests to purchase from section heads, and Investigating and providing
tnfornation regarding quantities, specifications, for purchases o~ a technical nature,
i.e. machinery, natntenance supplies, Industrial asterisks, etc.;
- purchasing directly floe suppliers, goo~s and eatertals for all areas o~ the
institution including kitchen, maintenance, for industrial operatton~, general
orifice, food supplies, etc. in accordance with established Ministry and Governnent
putchastn~ policies and procedures;
- dete~tntn& source o~ supplr, either from established suppliers tn certat~ cases
(specialized equt~ent and goods) or by referencin~ and reviewing Ontario
Government StandtnI Offers and Agreements, or through established tendering procedures
takin8 into consideration price, delivery dates, otc. and searching tr~e
yellow ps,es, etc, for alternative tuppliers of unusual
pre.ring and processing ten, er documents, and analysin8 submissions in pre'station
for orderin~ ~l[ {ood supplies on ten~et, such as pr~uce ~nd staples, nn4 ~rozen
foods, canned ~ood~, and annual or,ers;
- providing [nf~tton regarding procedures and restrict~on~ to section hea~s;
- authorizin~ appropriate purchases up :o $500.00 for approval;
~ons:tate~ sound knowledge of Government purchasing policies and procedures
/plJcation, as ~ell as ~rttnent legislation; demonstrated'organi:ational ~ktlla; progressively
.,sponslble and related ex~rtence; abilttr to co.uniGate_afl. Lively both orally and in
Hu~t, Administration Supervisor ~' b. Ne]meg, Superintendent
Purchasing O~ficer 2 J 02042 J A~-U7 O]
Performs tespons~b2e techntcaZ-proeu~ement vo~k requttLn~ considerable kne~Zedse o~
co~od[:~es a~d matetta: [,spec:[e~ :ec~ntq~es.
Notks undet geneta~ supetvLs2on o~ an administrative o{([ct~ ~ho con~s
LnvotvLnl ~eavy expenditures or ~arke~ de,at,utes o~ quality o~ ~tertaL or purchas~8
~etho6s employed.
P~ge 2
Purchasing Officer - GuelpK ~orrectional Centre
Outies and related tasks (cont'd)
- maintaining an up-to-date vendor list for all goods and equipment of a
repetitive nature;
- ~aintaining an up-to-date schedule systemra to.identify and renew recurring
contracts for fee for service such as maintenance i.e. computers, word
processing equipment, air systems, and supplies, etc.
2. 10% Incmnbent performs purchasing clerical duties related to the requisitioning of
some $1,500,000.00 ~orth of goods and materials annually through Main Office
centralized purchasing function by:
- preparing requisitions for bulk purchases through Main Office purcl~asing
Section which includes qdantlties, specifications, catalogue information,
previous suppliers, etc., and assisting Main Office by supplying other
pertinent information, in accordance with current economic conditions,
annual and periodic bulk order requiremehts, and the restricted Ii:gr. a
lOt Performs related duties such as:
- supervising one full time purchasing office's clerk including on the job
trainings appraisals, recommending merit increases, assigning duties,
checking work, etc.; -
... o meeting and discussing supply requirements with commercial salesmer~ (1 per
day average); '
o inspecting goods received personally as required, and exchanging if
.necessary;
o arranging for truck drivers to pick-up goods purchased locally;
- maintaining a central file of all Ontario Government Standing Orders and
Standing Agreements to be referenced in the purchasing process of a large
number of products;
- per£or~ing typing duties as req~ired;
- ensuring maintenance of special budiet control files for approximately 200
non-recurring pro~ects and summarizing the status of these projects monthly
in terms of expenditures incurred;
- notifying order discrepancies, £ollowing up and expediting orders;
- as assigned.
Skills and Knowledge (cont'd)
supervise subordinate staff.
Appendiz B
~is i~ ~spon~i~le tec~c~ procu~n: ~rk ~e~ir~
i~ection tec~iques. Res~ib~ities ~ ~ese ~sition~ ~ain either
:o ~u~has~ a variety of ~terL~, ~pp~ies ~d eq~nt ~ a
si:ed 4epa,-~ent or ~o lar~sc~e ~r~%~ of s~c~'ic cate6ories of item~
which are c~rac:er~:ed By le~s v~ied ~poa~ib~i:ie~, ~p!~ee~ are in
of prccur~men~ in 9u~:i~- of such c~i:ie~ ~ c~.en~, ~teel,
fu~i~ure, clo~h~ ~eri~ ~d equine. .~1 ~ployees ~ this class re-
ceive $~ner~ su~rvisiou fr~ ~~ officers of hi.er level or from
a&minis:ra:ive cffici~s ~o cc~i~ decisic~ ~clv~g hea~ e~enditures
or ~rked deplores on ~ ~d qu~i~y of ~:eri~ or ~rchas~ me,hods
employed. '~ployees in this class ~y su~ise a ~11 ~roup cf
perfo~ :he more rou=ine aspec:s cf dep~en:~ purch~Lng cpera:icns.
~hey are required to develop effective ~rkL~ rela~onships ~:h depar~en=al
perso~el and wi:h suppliers, s~es~n ~d ~ufac:urers' represen:a:ives.
As a s~ecialis: ~a a desisa:ed l~e or ~ a de~r~en:~ purchasi~ office~,
c~nf~rs wi:h brach cfficials cn,Wurchas~g reqmiramenus, ebbars ccmplete
descrip:ions of ite~ required, ~d ensures purchase requisi:ions are prorerly
Sub~:s complete ~ accurate de:~ls ~o supplisrs on material required
o~ains price quota:ions ~d related data on quali~, disco~:s, sad probable
de!ivc~- da:es: upon receipt of info--:ion from vendors, ~aal}:es da:a on
~a.sis of ~diate re-uir~encs: places orders or su~i:s reco~enda:~cn~ for
purchase :o su~riort if neces.sa~..
As directed by su~riors, carries ou: ~:~d~d rcuc~es prei~na~ :o
for purchase of ~upplies ~d equi~n:, supervises the preparation of s~read
sheets, ~aly:es ~fo~tion, ~d ~kes reco~enda:io~ on plac'~nen: of o~ers.
Personalty ex~es ~d approves ~icy of ~:eri~s receive~ in
~lch speciali:ed kn~led~e of l~aes cf nerve.disc: e~edi:es deliveo- of ~oods
in accomd~ce with tc~ of contract for ~rchase.
Supervises sub~[naccs ~si~ed to check.g, '~vp~ ~d record~l du:ies:
monte ~o routines.
fn:erview.~ salesmen ~d m~ufac:urers~ represents:ives c~ develop new
of 5up~iy ~d :o obtain ~fo~tion on new ~es of ma~eri~, quaiitw
L. Successful completion of Grade 10; a &ocd knowled~_e of s:~ndaz~t pur-
chasin& methods ~d practices; coniide~ble ~led&e of various .kinds
and qu~i~ies of cm~i~i~s per=ainin~ ~o"~he work assil~en~; ~ccd
~led~e of ~rces of supply, ~rket conditions ~d price trends;
i'aliarit7 with pu~ha~l needs of ~e dep~ent se~ed.
2. A min~ of ~o ~ ~tience as a P~chas~& Officer l, p~-
ferably ~ ~e depa~enC ~ ~ich the position ia located.
3. Abili~, to p~pa~ ~it:en descriptions of ~teri~ supplies ~d equi~
· ent to be pur~sed ~d to ~aly:e vendorsw offers; ab~i~ to establiah
~d ~a~ta~ effective wo~g reia:icnships.
T~s is ~ly ~spmstbXe pr~u~nc ~ ~o~d ~der
p~s~n& officers, ~pe~ise ud pers~7 ~~ ~ ~ v~ie~
ee~e as as~s~s ~o ~~& offlce~ ~ ~ leal ~ ~o o~er
cites of o~er dep~ta ~ a v~e~ ~ ~e~ ~ .v~s ~
a ~qut~mnc ~ ~mo tn ~s c~s.'
~e ~k; ~~y ~nes ~d apples q~U of m~e~ ~ce~v~.
cler~
b~ches; ob~quou~ma fr~ ~pp~ers m p~ces, ~~ ~
" delLve~ ~ces ~d ~es ~u ~ceiv~; p~es o~ers or ~mnds
~rchases ~o ~per~ors; ~fl~ ~d ~p~es ~~ of mterialn
'~ceLv~.
supplies ~ equ~C~ c~s prices ~ceLv~ ud ~r~es or
~c~nds m phc~c ~ o~ers. ..
Revi~s ~r~ ~ ~ers p~~ ~ e~ut~ iff ~ches u
~ies ,~t ~as~g r~es ~r~n~ to i ~de v~e~ of Mte~als '
Iflce.i~ uleme ~d ~factu.., ~p~u~ves to o~'
iflfo~ci~ ~ c~ties ~ p~cos; p~8 a cm~de~ble volu~ of
co~esp~eflco ~o ob~n ~hr
- 2 - ~[044 '~
Purchasin~ Officer 3
'1, Successful cc~p]-et.i, oa of Grede ].0 Second. ar7 School educat:.ton;
&ood work~n~ knowledge of standard purchasing rout£nes ~nd
practices; de,_~_c].ed lcno~led~e of k~.nds and qual.tt~es of
c~cies perT~siniag CO r. he work assisltmen~:s and of sources
of suppZr, n~rke= co~d/r, ious and price tren~; ~ood knowle~e
ot the purc~a].nt needs of r. he deparUnent served.
1.tay, 19.58