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HomeMy WebLinkAbout1991-0550.Group.92-01-17 ONTARIO EMPL OY~'S DE LA COURONNE CROWN EMPL O'fEES DE L 'ON TA RIO GRIEVANCE C,OMMISSlON DE SETTLEMENT REGLEMENT BOARD DES GRIEFS DUNDAS STREET WEST, SUITE 2100, TORONTO, ONTAR/O, M5G ?ZB TEcEPHONE/T~-LEPHONE: (,~ ~&) ~2~-~3~ ~uE ~U~A$ OUEE~. BUREAU 2I~, TORONTO [ONTARIO), M5G ~ZB FAC$~MILE/T~L~COP]E : {4 ~6) 326- ~396 550/9[~ 566/9[ T~ CRO~ E~P~YEE8 COL~~ B~G~N~NG Before THE GRIE~CE 6ETTLE~ BO~ CUPE (Group Grievance) Gri evor and - The Crown in Right of Ontario (Workers' Compensation Board) Employer BEFORE: P. Knopf Vice-Chairperson T. Browes-Bugden Member C. Linton Member FOR ~HB B. Toop GRIEVOR National Representativ~ CUPE FOR ~HE M. Failes EMPLOYER Counsel Winkler, Filion & Wakely Barristers & Solicitors HEARING~ October 29, 1991 November 26, 1991 DECISION This is a classification grievance. The cas~ brought before this panel deals with three grievances. On the agreement of the parties, the matter proceeded first on the Wright grievance with the understanding that the panel remain seized with the other two grievances if further assistance is required. Thus, we proceeded first with the evidence regarding Mrs. Wright and her duties and responsibilities. Marilyn Wright is employed in the Thunder Bay' Regional Office of the Workers' Compensation Board. At the time of her grievance, she was classified as a Pensions Medical Secretary. She seeks re-evaluation and reclassification of her job functions. She has worked for the Workers' Compensation Board for five years. She was initially hired as a Word Processing Operator. This position was reclassified in March of 1988 to that of a Medical Secretary as a result of a settlemeht of another classification grievance. Then, in June of 1988, Mrs. Wright won a competition for the permanent position of Secretary - Pensions. The Job Description applied to her responsibilities at that time is appended as Appendix 'A' to this decision. In October of 1988, a second doctor was hired onto the staff of the Board and the griever was expected to do the secretarial work related to pensions as well as all the general medical secretarial duties required to assist the doctor. She explained that her Job 'Description with regard to the added responsibilities was that of "secretary" as described in Appendix B. Her uncontradicted testimony is that she performed all these duties as well as those of 'the Secretary - Pensions. But her position is that the job descriptions do not adequately reflect the responsibilities and expectations of all the jobs she was expected to perform. Essentially, her evidence is that since 198~ she has been expected to be both a Medical $~cretary'and a Pension Secretary all at once and yet has retained the same classification. In other words, she does all the duties of Appendices 'A' and 'B', ~lus additional duties and thus claims there is no adequate 3ob description in place 'to reflect all her responsibilities. She testified in detail as to these additional responsibilities. They can be summarized as follows: Making transportation arrangements for injured workers including, (a) booking and consulting hotels; (b) arranging transportation by air, rail, bus, car or taxi; (c) booking accommodation; (d) issuing travel warrants and prepaid transportation tickets; determining meal allowances; (f) advising and arranging for escorts and the related transportation and ac commod a t i on; (g) issuing refunds; (h) in total dealing with over $600,000 worth of travel arrangements yearly, encompassing 40% of her time. 2. Preparing presentations and statistical reports for doctors including weekly, monthly and yearly reports. 3. Preparing doctors' expense accounts, includin~ completing forms and determining appropriateness of claims. 4. Creating filing systems for the doctors. 5. Keeping examination rooms' tidy, clean, properly supplied and ready for each patient. 6. Requesting and obtaining Workers' Compensation Board files for the doctors. 7. Receiving and screening all the doctors' calls. 8. Giving doctors their lab coats each week. 9. Keeping track of al! files 10. "Imaging" files on the computer system. 11. Arranging for "hearing loss" consultations. 12. Giving advice to claims adjudicators regarding the appropriateness of travel arrangements. 13. Making out-of-province transportation arrangements and consultations. 14. Chaperoning all medical examinations of females by the doctors. 15.. Processing Canada Pension Plan benefit claims. 16. Releasing files or parts thereof to injured workers and/or his/her physicians. 17. Ensuring history of files available for doctors doing pensions examinations. The griever also gave evidence with regard to the issue of accountability which is referred to in the job descriptions. The griever's uncontradicted evidence is that she does not actually get any "assignment" from her formal supervisor as the current job description suggests. Instead, the griever deals with the doctor she is assigned to and the Claims Supervisors on a day-to-day basis. The Employer's evidence did not challenge the accuracy of the griever's description of her responsibilities or her job functions, The Employer's evidence simply added a historical context to the position pointing out that prior to the regionalization of the Workers' Compensation Board, a position.of Medical Secretary existed at Head Office which consisted of all the griever's responsibilities except those concerning the making of travel arrangements. At Headquarters, travel arrangements are handled by a separate classification. Once reorganization began in the 1980's, a "generic" position of "secretary" in the regional office was devised to cover all the .responsibilities of a medical secretary plus the travel arrangements. This position was established in Thunder Bay and has evolved iht6 the position the griever now holds. The Employer's evidence, given through Gerry Dionne, the Manager of Support Services in Thunder Bay, conceded that neither Appendix 'A' nor' 'B' adequately reflects Mrs. Wright's responsibility. Mr. Dionne feels that a generic desdription of secretary to a regional office as evidenced in Appendix "C" is accurate for the core functions. It is also to be noted that the appropriate provisions applicable to this case'.are contained in thc.. collective agreement, Article 18, which reads: Classification and Job Evaluation System (1)(a) Every employee covered by this agreement shall be classified under a salary grade or level, job title and/or job description appropriate to the occupation in which he is regularly employed, and in accordance with Schedule A of this agreement. Employees shall remain so classified for the duration of this Agreement, unless transferred to another ~ob, or u~less the work changes significantly, in which case the'employee and the Union will be advised. The parties to this agreement have also bargained the categories that certain positions fall within for pay band purposes. The schedules filed reveal that the Medical Secretary, Secretary, and Secretary - Pensions all fall within category 005 and thus within the same pay band. The Argument The Union asks this Board to conclude that the duties Derformed by the grievor are not reflected in the job description of the Secretary - Pensions, but instead should be viewed as encompassing that job as well as the "secretary" as well as further additional duties mentioned above. It was argued that these additional duties and the totality of the duties are sufficiently different to alter the core or essence of her job and thus warrant reclassification. Her uncontradicted evidence was that she spent 30% of her time doin~ clerical, 30% of her time doin~ secretarial and 40% of - 6 - her time on transportation work. It was suggested that the significant aspect of transportation arrangements is not reflected in any of the job descriptions and reflects the core function of her .job. The Union pointed to all the additional duties mentioned by the griever and suggested that they are not adequately reflected in any existing job descriptions. Thus it was said that the job is "distinct" from any existing job classification and should therefore be reclassified. The Union relied on the case of Kirkland Lake Board of Education (1987), 28 L.A.C. (3d) 252 (Wilson). The Union asked this Board to declare the griever improperly classified and to order the Workers' Compensation Board to create a new job description and arrive at a new rating for the 3ob in accordance wit5 the Crown Employees Collective Bargaining Act. Counsel for the Employer agreed that this Board has jurisdiction to require the Employer to do a new evaluation of the job if the Union is able to demonstrate that ~there has been a "significant change" in the job functions so as to amount to a new job being created. The EmDloyer relied on the cases of Bethune and Workmen's Compensation Board, GSB Fi~le 70/77 (Adams) January 5, 1978 and Sperry Inc. (1985), 20 L.A.C. (3d) 384. In the case at hand, counsel for the Employer took the position that the griever did take on more generalized duties over the course of ~,ears so as to take her beyond the Secretarial Pension job description. However, it was submitted that the job remained within the generic category of a secretary which, under the collect%ye agreement, stays within 'the same wage level and thus no new classification has been created. It was submitted that. there was no evidence to show that there has been any significant changes over the course of years in respect of the secretarial functions. While the Employer concedes that the griever has not had a proper job description assigned to her, it was said that the generic description of the secretary in - 7 - the rcgional office which falls within the same wage category as the Medical Secretary is appropriate. It was conceded that the job description may not set out in detail the amount and significance of responsibilities Df the grievor, especially with respect to travel arrangements, however it was stated that the purpose of a job description was not to contain such detail, but rather to describe the job. The Decision In order for the Union to succeed in this case, the Union must show a "substantial" or "qualitative" difference in the actual job functions over the duties recognized in the present classification. Both parties agree that that is the applicable test. The Employer's evidence candidly concedes that the job description that the grievor was told was inet position at the time of the grievance is not adequate. Neither Appendix 'A' nor Appendix 'B', taken individually or together, cover all the job functions expected of the grievor. The Employer did suggest that a proper classification of the grievor could be that of "secretary" as described in Appendix 'C' and invites a declaration to that effect. Thus, we can look at that job description and compare it with the uncontradicted evidence of the grie%lor. That job description is very broad. It does not reveal,, to an unsophisticated reader, the complexities or the intricacies of many of the critical'functions performed by the grievor. For example, one would not imagine the marly aspects of tho resgonsibiiities involved in "issuing transportation warrants" or "making .hotel reservations" as the grievor described to us in her testimony. But the purpose of a job description is not to list details. Instead, it is to refer to generalized job functions and to give both the employer and the employee an idea of the expectations of the position and the incumbent. With this in mind, it must be concluded that, with OhO exception, the job - 8 - description of Secretary does seem to cover all the griever's responsibilities. Her "secretarial duties" ca~ be see~ to cover all the filing, communication and expense claims duties she listed in her testimony. The "arranging doctor/patient appointments" can be seen to cover all the transportation functions both within and outside of Ontario, and the arranging of consultation with specialists such as the "hearing loss" appointments. The duty to "mainta{n patients' records and doctors' files" encompasses all the statistical, filing and reporting functions done by Mrs. Wright. The only significant duty performed by Mrs. Wright which the job description does not reflect is that of chaperoning the female patients during examinations. The silence on this ~oint invites dissatisfaction from an incumbent. But the facts reveal that this chaperoning function has been ~erformed by the Pensions Secretary, the Secretaries, and the Medical Secretaries over a number of years. There have been no changes in this regard. .The evidence also reveals that a considerable amount of time may be devoted to this function. But it cannot be said, on its own, to be so significant as to alter the fundamental nature or the core of the job so as to change it from one job into another. Ail these factors lead to the conclusion that Mrs. Wright was imDroDerly classified as a Secretary - Pensions at the time of her grievance. Instead she was actually a "Secretary" within a regional office and deserves recognition as such. But, since the parties have agreed in the collective agreement that a "Secretary" is within pay band 005 no further remedy can be granted. In the result, the grievance succeeds to the extent that we declare that the griever ought to be classified as a Secretary within the regional office of Thunder'Bay. This declaration does not result in any change of compensation. However, we urge the Employer to draft a more accurate job description to avoid grievances Like this in the future. Further to the agreement of the parties, the Board remains seized with the other two grievances. DATED at Toronto, Ontar[0 this 17t~aY of January, 1992. ~ha i rpe rs-on Bu%~~e r C. Linton - Member APP~,MD[X 'A' D/:PA~TMEHT: ~e~lon~l Oper~tione O1 NUMBER ~UPEBVISED: Nil R~PORT3 TO: 8u~ervisor, Office Services ""~ .... ~,~ · 3ALARY OaAD~: 00~ ~_ CORE FUNCTION: Perform clerical duties related to peusious examinations and secretarial duties for a Medical Advisor in a Regional Office, or a visiting Pension Medical Advisor. TYPICAL DUTIES: 1. Maintains a 50 card system on an ongoing basis in order to set pension examiuatlous for injured corkers and handles related duties by: - receiving 50 cards fro~ CiaIm~*AdJudicato~ and sorting in d: and location order - preparing a list of 50 card dbtails including prior claims forearding to the Records Control Clerk for pulling of clai files - ~tching infor~ation on 50 cards eith information in claim files and updating vith required information (e.g. size of file, address, firm and rate number, area of injury, prior claims, etc.) - requesting outstanding prior claim files, if required. - foreardlflg files to appropriate Pensions Adjudicator for reviee. 2. Arranges doctor-patient &ppolutmeuts for pensions exa~iuations by: -. setting appointment times for injured workers to be examiu~ Board doctor and to see Pensious.Adjudicmtor, according to established procedures - updating 50 c~rds ~o reflect appoiu~ment information, reqeired - preparing and fo~arding letters to injured ~orkers, advisi of appointment details and asking if ~rauspor~atiou r~uired - arrau6iug rail/bus/mir transportation and acco~odatioa luJured eorkers, If required - issuing transportation warrants - placiu{ identifying jacke~ on each claim file where a pens examination has been ~oked - preparing ~mos to the claim file -esardin8 pension examiu appoiutmeu~ nudging up jackerS,if required - prep~ring aud fo~arding drafg Zrip schedule to Board d~ct nad others, if required - uodatine and forwardiu~ trio schedule as cancellations. TYPICAL DUTIg3: (cont'd) 3. Performs secretarial and clerlca: duties related to 9enstoaa e~aminatioas by: - transcribing, from dictating equipment ax~P/x~r ehorth&~d ~etters, memoranda, reports, medtc~ reports, etc. - ~aseetin8 telephone, tespo~dL~$ to touti.ae queries, mesas&es, referrin& callers - pbo~ocopy~n~ ~s required - ~y ~ke arrangements ~or tr~ps the ~ed~c~l Advisor ls~r~ to t~ke - ordertu$ supplies - ensurio8 ex~mia~tioa room ~s prepared amd examia~tioa ro~ office supplies ~re available prior to pensions ex~minatio - handling enquiries reg~r~im~ 50 c~tds or pension examia~t~ appointments - completing ~athl~ statistics oa 50 c~rda, pension appolatments, etc, as required - placing cop~es of ~asioa ezamiaatloa reports oa approprlA claim files and returning files to pension adjudicators. 4, Mag perform secretarial duties for other areas as r~uired. 5. May ensure Proof of Age doc~euta have been received ~or cmpit~li~ed value of ~usious, tf r~uired - verifying l~at o~ Pr~ of Age still outstanding using VDT - r~uestlng :Xles and reviewinq to ~ee t~ Proof of Age has received - forwarding letters to injured workers r~uestiag outstaadl Proof of Age, and maint~lning follow-up system W. ~tcbing Proof of Age doc~enta received e~th file, teturnin~ original dec--eats to ~nJuted eorEer - for~atdia& file to ~yment ~tea :or verifying ~ccurac7 of of Age and updating o~ visual. ~. Performs other related duties as assigned or required. ACCOUNTABILITY: . Reports to Supervisor, Office Services (Thunder Bay'), May 16, i988. cout' 1. Commuuicates with members of the st&fl in various Areas of tb~ Reglonal Office tncludin~ Records Controt.Clerks, Pensions Adjudicators, ~ed£cat Advlso~e, Peastoa Yedical Advisors, as ~ as oC2e~ Regions! and Head Office s~aff. Communicates wl~ individuals outside t~e ~oard including icj workers~ e~c. BASIC Grade 12 commercial educ~;~on or equivalen~. 2. I/edlcal ~ecre~arl&l eor~ expe~lence. 3. One to thr~e years' expe~ience. 4. Go~ typing and dict~ s~llls to W.C.B. ~tandards. 5. General knowledge of Board policy desirable. Prepared by: Da:e' i- (Thunder Bay) ~e~vices (Thunder Bay) 16, 1988. OZZice. Arrange doctor-patient appointments or hospital adeission by: - ·skins ·ppot'nt~entn for injured ~orkern ~o'~ exa~ned by d~tor, eaaur2n~ tba~ tX,Is ti in o~er " - -' .~zi~rXn~ for ?e~ ~r~atore a lint o/ ~ltrd :~xa~na~!on - i~alxlg for ~ll~oai to ~o~i~ ~bil%~ation ~nCre 3. ~e all ar~nie~nta for Patlen; attendance at ~a~ Clialc, lacAedl=l mh~of op~iot~nt, notifying ~tien~, preparing etc. 4. Maintain patlen~o' records and d~ors' files - ch~kLog lad ~rting tacking - arr~nging patient's Md~cal f~le In proof order - arrln~in~ delivery or pick-up of fllel f~ outside ~ueated by connultantn and approved bf ~dlcal Adviser - requesting clain files in eesponse to rush ~.il o~ ~elepbon~ / ¢lleat i vices , .~ -- ~-- ~, .Thunder la! 1411oas! Office 3icretary-O05 - 3 - TYI){CAL DO, I{3: (¢on~'d) - maintaining a weekly worksheet of riles ired pa~leo~o mee~ b~ oafe-luarded. 5. perform ot~er rela~e4 duties as tseiCa~ or r~uired. ACCOONT& B I t ITT: llepor~a to the Supervisor, O~fice Services. Receive aasignmeets an~ guida=ce os work-related activities from Medical Advisor to vhom 8ecret~ry is aesigeed, LATBRAL RgLATION3HII~3: 1, Communicate with members of the staff in various areas of the Regional Office Rehabilitation, Health ~re ~ae~it8 and A~aistrative Servic, am well aa ltaff at Head Office and ~nsviff Rehtbilitatiofl Centre. 2. Co~u~te wit~ tndZvidual8 outside the hrd lnoluding, lnjur, '. ,.'. worker~ ~ployefm, treating ~n~ea, d~rs, e~-; ' .'. BA3IC R~qU IR~M~ffTfl: I. Grade I3 comsmrelal education or equty~lenC. Medicil Secretarial T~ninf Course or ~ul~ilent directly re~ eor~ experience. 3. Ooe to three yea~s' experience. 4. Good typinf sad dicta o~llo to w.C.B. 8~andards. 5. Facility ia an additional language would be an asse~. February 10, 1988. coot'd, ' T~a~der B(! lel~oa&~ Ott~ce 8ecret&ry-O05 . 3 . ~ 8. Genera! kno~tedwe of Board pottcy de,trtbte. '8~pervisor~ Ot~tc, ~rv~ce~ (Thunder Bay) · ~na~er, Admtaiatr~ttv~ 3ervtce, (Thunder ky) February I0, I988. - m~al ~p~iat~fle ~or ~jurd vorte~ ~ ~ ~a~ b~ ~trd -. - p~r~al for ap~ta~neate tll~ll tlOU - ~r~%~ do~%ver7 ~q~,.%~ b7 ~oamu2tantn ~d ju~4 23, ~_.OH. LAT.gRAL RBLA?I..ONSilIP8: Z. Commntaste v/ti3 Mmbore o~ the s~&.~.~ ~n vBrtmm trele of -~,~. BASIC.