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HomeMy WebLinkAbout1991-0557.Unruh.93-05-15 ONTARIO EMPLOY~.$ DE LA COURONNE CROWN EMPLO YE, ES DE ~.'ONTA RIO GRIEVANCE C,OMMiSSION DE s rTLEMENT REGLEMENT BOARD DES GRIEFS 180 ~UNDA. S STREET WEST, SUITE 2~00, TORONTO, ONTARIO. MSG 1Z8 TEf. EPHONE/T~-L~PHONE; (416) 2,26- ~355 ~80, RUE DUNDA.S OUEST, BUREAU 2~00, TORONTO (ONTAR$O). MSG 1Z8 FAC$$MILE/r~Lc~COPIE : (4~6~ 326-~396 557/91 IN THE MATTER OF ~%N ~RBITRATION Under THE CROWN EMPLOYEES COLLECTIVE B~RGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Unruh) Grievor The Crown in Right of ontario (Ministry of Natural Resources) Employer BEFORE: A. Barrett Vice-Chairperson J. Carruthers Member F. Collict Member FOR THE M. Webb ~RIEVOR Counsel Gowling, Strathy & Henderson Barristers & Solicitors FOR THE M. Failes EMPLOYER Counsel Winkler, Filion & Wakely Barristers & Solicitors HEARIN~ June 26, 1992 September 4, 1992 December 8, 1992 DECISION This is a classification grievance wherein the grievor seeks to be reclassified from his Clerk 3, Supply class standard to a newly-created class standard titled District Stockroom and Warehouse Clerk, or to some other classification purs~an'a to a Berry order. Mr. Unruh's job title is Cache Foreman in the Thunder Bay Regional Fire Cache. The Cache contains forest fire suppression equipment which is shipped out to fire sites during the ]~ay to September fire ~ighting season. The Cache is supervised by a Regional Equipment Supervisor, Mr. Syrydiuk, who is a Clerk 6, Supply. Reporting to him are the grievor, a Purchasing Officer 1, a Records Clerk (OAG 6) and two unclassified seasonal employees who perform the jobs of Field Technician and Shipper/Receiver in the busy summer season. In addition, other casual staff and seasonal employees are hired to help out on an as-needed basis during the fire season. Mr. Unruh works in a compound of several buildings whJ. ch is shared with the Thunder Bay District~ Stockroom, although the District and the Region run entirely separate and distinct warehousing operations. The District warehouse stores and ships goods for all aspects of the Ministry's work, which includes: fish and wildlife, lands and parks, timber and forest management, as well as fire suppression. The Regional Cache stores and ships goods for fire suppression only. Mr. Unruh is involved in the day-to-day operation of the warehouse, parts department, fuel storage drums and an unheated storage area. Mr. Unruh's position specification, which was updated around the time of his grievance, is reproduced below and agreed to be an accurate description of his job duties. The union maintains, however, that the position description contains core duties not properly part of the Clerk Supply standard. "1. Position title Cache Foreman 2. Purpose of position To provide daily supervision in the operation of the Regional Forest Fire Suppression Equipment Cache, Parts Department and Cache Inventory and Control System at Thunder Bay. 3. Duties and related tasks 1. Under the general supervision of the Regional Equipment Supervisor, operate s the stock control program for forest fire suppression equipment, parts and supplies in the Regional Fire Cache, by performing tasks such as: 25% - ensuring a complete itemized inventory of all F.F.S.E. parts and supplies at the Regional Cache. Perpetuating an inventory control system as guided by Policy and Procedures, i. e. , F.F. S. E. management manual and Cache operating plan. - maintaining the integrity of the warehouse system by ensuring proper authority is provided for all transactions, i.e., all equipment, parts and supplies transactions are documented. - consulting with supervisor regarding actions plans, i.e., movement of equipment from the Regional Cache to other Districts/Regions or Provinces. - prepares resource status information for F.F.S.E. parts and supplies for the Regional Cache. Assisting in the compilation of the composite Regional 'Resource Status Report' for transmission to the Regional Fire Centre/Regional Service Boss. - interacts with the Records Clerk regarding F.F.S.E. inventory discrepancies (inventory, numbered equipment, etc.). 2. Under the guidance of the Regional Equipment Supervisor, ensures the day to day operations in the Regional Cache are carried out safely, efficiently and in a manner that meets the standards of supply to field warehouses or project fires by: 45% - supervising directly 1 seasonal employee and up to 12 auxiliary staff (E.F.F.) in surge situations. - indoctrinating and training new staff in warehouse procedures. - ensuring efficient operation of the parts department within the confines of the Cache by following procedures laid out in the operating guidelines. - providing direction, in the proper handling, storage, packaging and shipping to other fire cache locations, fires, etc., i.e., District warehouse personnel, service personnel on fires. - shipping/receiving or supervising these functions on a daily basis by filling 'orders' to be shipped, coordinating for best utilization of transport, weighing out loads to determine size of truck, aircraft, etc. - maintains currency on all I.A.T.A., W.H.M.I.S. and T.D.G. information.by receiving and posting information and by attending appropriate courses, lectures and seminars, and ensures all shipping from the Cache is in compliance. - maintains a drum fuel inventory for the Thunder Bay Service Centre Drum Fuel Cache. - operates forklift, packages equipment and supplies or supervises these functions. 3. Checks to ensure that all F.F.S.E. in the Regional 15% Cache is up to Provincial standards, i.e., inspects or supervises others who are inspecting incoming equipment from other Districts, Regions, Provinces or the local Retrieval'shops. Recommends unsafe or damaged equipment for write-off to supervisor. 4. Acts as Regional Equipment Supervisor in his absence 5% during the regular work day or extended hours of operation. 5. Duties as assigned, example: .10% - attending meetings related to job. - check and replenish First Aid Room monthly or as required. - providing courier/Driver services. - assisting as part of a Regional F.F.S.E. Inspection Team. - assists in setting up annual spring meeting with field staff on warehousing procedures/operations. - assists in updating the indoctrination package for Regional Equipment staff. 4. Skills and knowledge required to perform job at full working level Thorough knowledge of: F.F.S.E. policies and procedures, Fire Management Policy as applicable to this position and F.F.S.E. Standards. Proven supervisory and communication capabilities. Valid MTO Clas~ 'D' driver's ticence. First Aid Certificate. Ability to operate forklift. Knowledge of W.H.M.I.S., T.D.G., I.A.T.A. and Gasoline Handling Act." The core duties not covered by the class standard, says the union, include training and supervising the extra summer staff, being knowledgeable about and able to apply a wide variety of legislation and standards dealing with the storage and transport of hazardous goods, and ensuring that incoming and outgoing equipment meets fire suppression equipment provincial standards. Mr. Unruh also performs some minor purchasing functions from petty cash or by obtaining three telephone quotations for more expensive items to assist the Purchasing Officer. Mr. Unruh is required to have a First Aid Certificate, as are all classified staff. Mr. Unruh also asserts that during emergency fire situations, he often works long hours and can put in as much as 500 hours overtime in a fire season, which leads to added stress and pressure not contemplated in the class standard. Set out below is the preamble to the Clerk Supply class standard and the class definition for Clerk 3, Supply which is Mr. Unruh's present classification. PREAMBLE CLERK SUPPLY SERIES These classes cover the Dositions of employees whq perform a variety of clerical, manual, administrative~ repair or purchasing functions that are common tq stockkeeping operations in the Provincial Governmen'~ Service. If any employee specializes in only one of the many tasks involved in the operation of a stockroom, the position should be classified in another series more appropriate to the type of work. For example, positions concerned entirely with the clerical recording of transactions should be allocated to the Clerk, General series. Positions in which purchasing is the main function should not be classified in this series. Many factors, such as the maintenance of the necessary ledger or other records; inventory, control~, establishment of minimum - maximum requirements, etc.., are common to all stockrooms and vary significantly only to the extent that the size of the stockkeeping function varies. Thus, the overriding criterion in makin(~ allocations in this series is the size, as defined in this preamble, of the stockkeeping function rather than any variation in the clerical or administrative functions associated with it. Supervisory positions covered by the classes Clerk 3 to Clerk 6, Supply will be assigned to one class higher in the series if purchasing, as defined below, is one of the functions requiring a minimum of 20% of the working time. DEFINITION: Size of Operation: Because of the tremendous variation in the nature and organization of stockkeeping functions between departments, the number of staff reauired for the operation of a particular unit is the only practical basis of comparison for classification purposes, in all departments except Health and Reform Institutions. In the latter departments, patients or inmates are often employed in stockkeeping operations. Consequently in Ontario Hospitals, the size, in terms of bed capacity, is the criteria used. The size alone of a Reform institution ignores the possible existence of industries, which complicate the stockkeeping function, therefore the value of annual stock turnover is used as a basis of comparison for the determination of level. Stockrooms having less than 100 different types of stock are, for the purpose of this class series, considered to be equivalent to specific specialized · sections of larger stockrooms, and the positions will be classified accordingly. Types of Stock: Each type of stock normally requires a separate bin card and consists of a number of identical items. 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 a secure compound) from the other supply areas and which, although operated as an entity, forms part of a larger unit of supply organization. Specialized Section: A component unit of a large stockroom having a specialized function, e.g. plumbing supplies, clothing, linens, office supplies, etc., which may or may not be physically separated or partitioned from the main supply area. Apart from the exceptions mentioned above, the sizes of stockkeeping operations are defined as follows: Small Stockroom - This is a 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. Large Stockroom - A stockroom which requires a supervisor and five to nine subordinates. Very Large Stockroom - A stockroom which requires a supervisor and a minimum c.f ten subordinates. Supervision: Positions supervised include only those filled by temDorary or permanent Civil Servants or by continuously emDloyed public servants who report to the suDervisor for discipline, work assignments and administrative control. This includes all clerk supply, clerk general, machine operating, clerk messenger and driver positions concerned in the overall operation of the duties assigned to the stockroom supervisor. No credit for supervision will be given for non~ continuous helD~ or for employees temporarily on loa~ from other organizations. Neither is credit given for employees who report to the supervisor purely for administrative convenience, when these employees are not involved in the operation of the stockroom or any of the auxiliary duties assigned to it. PurchasinG: In respect to stockroom operations involves locating suppliers, interviewing salesmen, evaluating prices~ submitted by tender, deciding on the articles to purchase and the actual placing of purchase orders or the submission of purchase orders to a superior for signature. No credit can be qiven for the purchasing function unless the supervisor is held responsible foe the articles purchased and the Quotation prices acceDted~ 8 The automatic requisitioning of standard items or the ordering of standard items from assigned sources is excluded from purchasing under this definition. CLERK 3, SUPPLY CLASS DEFINITION: This class covers the positions of employees who alone, maintain a very small stockroom where the record keeping function is elementary. They are 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 aeneral supervision of a higher level suDply clerk are in sole charge of subsidiary specialized technical or trade stockrooms. They requisition suDDlies; ensure the careful checking of incominq stock; the shipment Of stock a~ainst authorized requisitions and the security of the stockroom. The responsibility for these stockrooms is a full time occupation often includinQ the re~air 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. 0UALIFICATIONS: 1. Grade 10 or an acceptable equivalent combination of academic training and experience. 2. A minimum of three years' stockroom or related experience. 3. Ability to follow specific written and oral instructions; a good knowledge of the type of stock involved; ability to maintain records; good physical condition; supervisory ability; personal suitability." (underlining ours) We understand Mr. Unruh's grievance was inspired by a Grievance Settlement Board decision released in June, 1990, regarding this Ministry and grievors Harasymiw and Hudon (GSB #1079/89) (Keller). Those two grievors'were classified as Clerks 4, Supply and grieved their classifications due to extra core duties they performed which they alleged fell outside the Clerk Supply class standard. That panel of the Board made a Berry order requiring the employer to find an appropriate classification for the grievors. The new class standard that was created for them is the District Stockroom and Warehouse Clerk class that Mr. Unruh now seeks to fit himself into. Mr. Unruh faces a pretty $.erious obstacle in attempting to fit himself within this new standard right from the start, because it applies only to clerks working in district warehouses, not regional warehouses where Mr. Unruh is employed. Union counsel concedes that for this and other reasons, the District Stockroom and Warehouse Clerk standard is not a shoehorn fit for Mr. Unruh but she argues that a new classification should be created for Mr. Unruh for many of the same reasons that a new classification was created for grievors Harasymiw and Hudon. Counsel argues that there are sufficient similarities in the job duties of each position that they should be classified at the same level. The District Warehouse Clerks also respond seasonally to forest fire emergencies "by training temporary staff in various stockroom duties and by overseeing their work. They control, verify, maintain,'recycle, repair, store and retrieve fire fighting equipment." Mr. Unruh says this is the essence of his job too and he should be classified similarly. In our view, Mr. Unruh's case is quite distinguishable from that of Messrs. Harasymiw and Hudon. The decision in Harasymiw/Hudon sets out in some detail the extra duties those grievors performed which the Board felt took them out of the Clerk Supply class standard. Those additional duties are reflected in their new class standard. A comparison of some of those core duties with Mr. Unruh's duties reveals the following dissimilarities: 1. Harasymiw and Hudon supervise other classified employees and Mr. Unruh does not. The Clerk Supply class standard makes it clear that credit is only given for supervision of classified employees, not casual or seasonal help. 2. Harasymiw and Hudon are responsible for a principle warehouse and various outlying ones such as junior ranger camps, hatcheries, parks, etc. By contrast, Mr. Unruh is not responsible for the Regional Cache; his supervisor is, and it is in one location only. 3. Harasymiw and Hudon are responsible for instructing defensive driver training courses and instructing first aid courses. Mr. Unruh's duties with respect to staff training are more along the lines of orientation of summer staff and on-the-job training. He does not offer any formal instruction. He is required to have a first aid certificate, but he is not required to teach it, no:~ does he appear to be responsible for administering it as Harasymiw and Hudon are. Mr. Unruh is required to drive, but not teach others defensive driving. 4. The District Warehouse Clerks are required to have a t~o-way radio operator's certificate. Mr. Unruh is not required to have the radio operator's certificate, nor to use a radio, although in fact he has a certificate. 5. Harasymiw and Hudon are required to locate temporary accommodation for fire fighters, something Mr. Unruh does not do. 6. Harasymiw and Hudon are involved in equipment and machine repairs which go beyond administrative repairs. Mr. Unruh performs only administrative repairs. 7. Harasymiw and Hudon work on fire lines and manage the supply function in the field. Mr. Unruh is not required to work on the fire lines. The union also relies upon Brown et al, GSB ~1806/87 (Ratushny), wherein a panel of this Board found that a Clerk 6, Supply was found to be improperly classified where a new regulatory scheme had superimposed upon the grievor's position a broad responsibility to ensure compliance with that scheme. This added responsibility was recognized in the grievor's designation as Waste Site Supervisor. He was required to check documentation and to ensure compliance on the part of the carriers. In other words, he was not merely required to comply with the legislation and regulations himself, but also to administer them and to ensure that others comply. Mr. Unruh asserts that he too is required to have substantial knowledge, as set out in his job description of "F.F.S.E. policies and procedures, Fire Management Policy as applicable and F.F.S.E. Standards and knowledge of W.H.M.I.S., T.D.G., I.A.T.A. and Gasoline Handling Act". Mr. Unruh's case is distinguishable from Mr. Brown's too because it was the supervisory aspect of Mr. Brown's responsibilities that took him out of his class standard. In the same decision, some Clerk 2's who were required to comply with the regulations with respect to transportation, storage and handling of dangerous goods were not reclassified because they did not have the overall responsibility in relation to these areas. Similarly, Mr. Unruh is not in charge of compliance at his Cache; his supervisor is. In summary, we cannot find that Mr. Unruh has core duties which would take him out of the Clerk Supply class standard. He does not have the supervisory responsibilities which would move him up to a higher level within the standard. He is not employed in a district warehouse, nor does he perform many of the core duties of District Warehouse Clerk, and therefore cannot fit himself into that standard. Accordingly, the grievance-mu'st--bedismissed. Dated at Toronto this 15th day of March, 1993. A. Barrett, Vice-Chairperson I Dissent (dissent to follow) J. Carruthers, Member F. Collict, Member MR. JAMES CARRUTHERS DISSENT FILE ~ 577/91 UNRUH I disagree with the Majority's decision for the following rea~ons: The grievor, Mr~ Unruh, performs core duties which clearly fail outside the Clerk 3~ Supply cla~s standard. Firstly, he is responsible for knowing and applying a wide variety of legislation relating to dangerous goods which his warehouse stores and ships. Secondly, from April to October he is required to respond to firefighting emergencies. During firefighti~g season, the grievor can put in as Much as 500 hours c~verti~e under emerger~cy conditions. The "District Stock Room and Warehouse Clerk" class standard was the result of a Berry order granted by the Greivance Settlement Board in HarasyMiw/Hudon (1079/89, 1110/89). The grievors in Harasy~iw/Hudon~ like Mr. Unruh, were classified as Clerk Supply. ~ The core duties and skill qualifications of the HarasyMiw grievors described in their ~ew class standard, "District Stock Room and Warehouse Clerk", are the sa~e core duties performed by, and skills required of, Mr. Unruh. Other duties li~ted in the class standard, such a~ being responsible for junior ranger camps, locating accommodation for firefighters, operating a two-way radio, instructing defensive driving and first aid courses, providing first aid and perforating work c~utside normal work locations, ape o~tional duties only. The only significant difference between Mr. Unruh and District Stockroo~ and Warehouse CLerks like the grievors in Haras~Miw, is that Mr. Unruh works in a regional warehouse whereas District Stockroo~ and Warehouse clerks work in a district warehouse. I agree with the Union that for these reasons Mr. Unruh is entitled to a Berr~ award as much as the grievors in Harasy~iw were entitled to a Berry award. In th~ alternative, Mr. Unruh should at least be classified a~ a District Stock Roo~ and Warehouse Clerk as this class standard provides the "best fit" for the cc. re duties Mr. U~uh perfor~s. S J. CARRU]'HERS The "District Stockroom arid Warehouse Clerk" class standard states: This class covers employees who are respor~sible for the warehousirJg, administratior~ and control of a wide rar~ge of warehouse and stockroom goods, equipr~er~t arid supplie~ in a District, which r~ay ir~clude re~por~sibilities for regional office~ ~nd outlying locatior~s such as jura;or ranger camp~, hat~heries, parks, etc. Under gestural ~uperv~sic,~, employees receiver~ check~ record, ~tore, ship and r~or~itor the security of equipment; control ar, d verify inver~tories; maintain and perform minor equipment repairs, recommer~d repair or peplacer~er~t of r~inor equipment; order arid purchase ~upplie~. Value~ of .inventory range from SIM to $~M (1989 value). They respor~d seasor~ally to forest fire emergencies by trair~ir~g temporary ~taff ir~ various stockroom dutie~ and by overseeing their work. They control, verify~ r~air~tair~, re-cycle, repair, store and retrieve fire-fighting equipment. They r~ay locate temporary accor~modation for fire fighters. They may operate a two-way radio to dispatch vehicles and fire-fighting personnel. Ir~ extreme emergencies these duties may be perforated outside their normal work locatior~s. They may also be pespor~sible for a District Safety Ppograr~ by providing defer~sive driver trainir~g arid testing arid by ir~structir~g ir, providing first aid. They instruct users or, the safe operation of a variety of equipmer~t. They r~ay also assigr~ work or provide guidance arid trainir~g to ~tockroom ~si~tants. The work requires work;rig knowledge of perpetual inventory control arid record keeping~ computerized data i~put and retrieval; movable assets inver~tory policies and procedures; ~inistry purchase and warehousing procedures~ relevant'health, safety and dangerous good~ legislation, regulations and procedures. The work requires skills ir~ performing' physically demanding tasks and repairing and ~ai$otaining minor equipment. Good co~municatior~s skills in order to prepare standardized reports arid provide guidance a~d training to assigned e~ployees.