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HomeMy WebLinkAbout1991-1658.Waller.92-05-29i " · "* "~.~. ~:' ONTARIO EMPLOY£$DELA COURONNE · ' ~ ' ' : C~W~ EMPLOYEES DE ~'ONTA R~O "' GRIEVANCE CpMMISSION DE SE~LEMENT REGLEMENT BOARD DES GRIEFS 1658/91 IN THE ~TTER OF ~ ~IT~TION Under THE CRO~ EMP~YEES COL~CTI~ B~AININ~ Before THE GRIEV~CE SETTLE~ BE~EN OPSEU (Waller) Grlevor - ~d - The Cro~ in Right of Ontario (Ministry of Correctional se~ices) Employer BEFORE: N. Dissanayake Vice-Chairperson M. Vorster Me. er D. Clark Me.er FOR ?HE P. C~apman GRIEVOR Counsel Ryder, Whitaker, Wright & Chapman Barristers & Solicitors FOR THE A. Pruchnicki EMPLOYER Grievance officer Ministry of CorrectiOnal Services HEARING May 4, 1992 2 DECISION The grievor Coral Ann Waller holds the position of Hairdressing Instructor, which is currently classified as Trade Instructor 2 (TI2). In a grievance dated August 14, 1991 the grievor claims that her position is improperly classified. She claims that the appropriate classification for her position would be industrial Officer 3, or in th~ alternative TI3. in the final alternative, the grievor seeks a "Berry order", directing that the employer properly classify her position. The TI series of class standards, including the preamble, are appended to this decision as "Appendix A". The Industrial Officer 3 class standard is attached as "Appendix B". The facts relevant to this grievance are not in dispute in any material way. Most of the facts were presented to the Board by way of counsel statements. In addition, the grievor testified on her own behalf. The grievor obtained her hairdressing trade certification back in 1949. Since 1975 she has been employed with the Ministry of Correctional Services as a Hairdressing Instructor at one of the Ministryts correctional institutes the Vanier Centre. Within the institution, the grievor maintains a hairdressing salon, which is equipped to provide a full range of hairdressing services, including perms, facials, colouring and manicures. Once a week, the grievor conducts an orientation fo~ inmates who had been newly admitted to Vanier. At this session, the grievor describes the hairdressing salon she maintains, and encourages inmates to take the opportunity to learn hairdressing skills by joining her programme of instructions. Those interested in learning hairdressing skills register their names. At any given time the salon employs up to 8 inmate students. When one leaves the programme, another is added from the waiting list. The services of the salon are available to the inmate population at Vanier. Anyone desiring a service~ eg: a hair- cut or a perm, fills in a "hairdressing slip" and sends it to the grievor. These go into an appointment waiting list. The grievor testified that around the time of the grievance there was a delay of approximately 4 weeks to get an appointment for hairdressing services. The evidence indicates that in the 1970s, the inmate population at Vanier was significantly less. The grievor testified that at that time, she conducted theory lessons, lectured, and tested the students. In addition, she did demonstrations in a classroom situation. She testified that in those days most of her time was devoted to teaching and that any services offered were "like a bonus". The grievor contrasted that situation with the situation at the time of the grievance. The inmate population had substantially increased. Inmates were incarcerated for shorter periods of time..As a result there was rapid turnover of the students in the hairdressing salon. Since she had students under her for very short periods, they had little opportunity to acquire complex skills of the trade. Additionally, because of the vastly increased demand for hairdressing services, she had little time to devote to actual teaching as such. There was no theory taught by her. The teaching consisted of practical work only. The students performed various hairdressing services on the clients who came to the salon by appointment, under the direction of the grievor. She would assign them whatever work was available and observe them at work and give instructions, if a student could not perform an assigned task to an acceptable level, the grievor simply took over that task and did it herself. The grievor testified that while supervising the students, she also performed hairdressing services on the inmate clients. She conceded that as she worked she demonstrated techniques. The students learned by watching the grievor at work. Since the students had very limited skills, most of the complex tasks were performed by the grievor herself. Specifically, the evidence was that hair cutting was done almost exclusively by the grievor. The students did not stay on the programme 5 long enough-to acquire the skills to perform any of the more complex hairdressing services. The griever conducted no tests or examinations for'the students. She did a by-weekly evaluation for each student and assigned a mark out of 30. The evaluation form indicates that it does no~ involve evaluating ~the level of a student's hairdressing skills. The areas evaluated are: Completion of Assignments Following Instructions; Work Habits; Attention: Responsibility and Behaviour. What this form indicates~ is that its purpose is to evaluate the work ethics of the students as opposed to their actual hairdressing skills. The griever confirmed that she did not evaluate the students' hairdressing skills. Finally, the griever testified that students acquire good work habits and some skills in the hairdressing trade, which they take with them upon their release from the institution. If requeste~, the griever provided students with a report certifying ~ho' . number of hours of work performed. The griever testified that this experience is of some use if a student decided to pursue further training in the hairdressing trade after release from the institution. Based on the foregoing facts, counsel for the union submitted t~at the griever's current duties took her position 6 outside the TI2 classification. Firstly, it was submitted that the TI2 class standard clearly contemplated a formally structured or classroom type method of instruction, encompassing both the teaching of theory, as well as the practice of hairdressing. Counsel submits that the evidence establishes that the grievor did not conduct a formal or structured course of instructions and that there was a total absence of teaching of the theory of hairdressing. Secondly, counsel contends that the extent to which the grievor performed the work herself, far exceeds 'the levels contemplated by the TI2 class standard. She points specifically to the evidence that the grievor did almost all of the hair cutting herself. Based on the evidence, counsel submits that while in the 1970's the focus of the grievor's job was the teaching of hairdressing skills and techniques to inmate students, now the focus is upon service, namely, meeting the hairdressing needs of the inmate population at Vanier Centre. It is on that basis that the grievor claims that her position does not fit the TI2 class standard, but is properly classified as Industrial Officer 3. Counsel for the employer disagrees. She did not dispute that the grievor's job has changed over the years. However, her position is that the job duties have evolved with the 7 changes within Vanier Centre itself. The increased inmate population and the rapid turnover of students has made the classroom model of teaching no longer feasible. Counsel submits nevertheless that one does not require a classroom with desks and a blackboard to teach the theory of hairdressing. The theory of a hands-on trade such as hairdressing can equally be taught through demonstrations and hands-on experience. She points out that the Board has held that to be properly classified, a position must only come within the "general language" of a class standard, [Re Braund, 39/89 (Slone)]. Counsel urges the Board to find, that despite the changes in the functioning of the salon, the grievor's duties still fit the general language of her current class standard. Counsel submitted that the core of the grievor's duties still remain within the TI2 class s{andard. [Re Elrick et al, 10/85 (Dissanayake)]. The preamble to the Trade Instructor class series provides that this series is intended, to capture positions "designed to aid in the rehabilitation of inmate students ... through programmed training, which includes class room as well as practical instruction". The objective is described as "to provide a means 'of self-expression, to arouse and encourage interest in a trade or skill and to motivate students to continue their studies after release or discharge and to 8 eventually establish themselves as journeymen in their chosen trade .~ This preamble describes two features of the positions coming within the TI class series, the objective of positions and the means of achieving that objective. The objective is rehabilitation and the motivation of inmates to learn a skill. The means to be utilized to achieve that objective is "through programmed training which includes classroom as well as practical instruction". Union counsel in effect claims that the grievor's position does not have the described objective, since in her view, the focus of her job is no longer the rehabilitation or training of students, but the provision of hairdressing services to the Vanier inmate population. We cannot agree. The evidence does indicate that by eliminating the theory part of the instruction and by utilizing practical instructions almost exclusively, the salon is now able to and does provide a greater volume of service to inmates. However, we cannot conclude on the evidence that the focus of the grievor's job is no longer the rehabilitation of student inmates. While the attempt to cater to a larger population has affected the nature, and perhaps the quality, of the training provided, the evidence indicates that the purpose'~ of the grievor's job remains the rehabilitation and training of students. The 9 training is less extensive than'before and students do not have an opportunity to acquire the more complex skills. They learn very little, if at all, of the theory of hairdressing. Nevertheless, the evidence indicates that the grievor spends time every week orienting new inmates and encouraging them to join her salon and learn hairdressing skills. Once they join, their work ethics are evaluated on a by-weekly basis. At all times the grievor is available for assistance and instructions. Even when she is doing the work herself, students learn by watching. Students are provided reports certifying ~heir hours of training. In the totality of the circumstances, we cannot agree with the union that the students only learn incidentally, and that the salon essentially operates to provide hairdressing services. On the contrary, we find on the evidence that the focus of the' grievor's job still remains the rehabilitation and training of student inmates. As long as the primary function of a position is "student training and rehabilitation", the TI class standards allow for the use of the students to provide services. On the evidence, we must conclude that the primary function of the grievor's position remains the training and' rehabilitation of students. Therefore the objective of the TI class series is met. However in our view, the TI2 class standard, and indeed the TI class series as a whole, contemplate methods of 10 instruction and training which are no longer carried out by the grievor. Contrary to the submissions of employer counsel, the TI class standards do not speak of instruction and training in general terms. It does not talk of teaching and instruction in any manner. On the contrary, in the preamble and throughout the TI2 class standard it is contemplated that there will be a structured and planned course of teaching. Thus, as noted, the preamble to the Trade Instructor series talks of "programmed" training. The TI2 class standard specifically talks of planning courses of instruction, preparing of tests and examinations, grading of students and evaluation of their progress. The evidence clearly indicates that this type of planned and structured teaching does not happen in the salon. Instead the training takes place in a very haphazard way. There is no planned curriculum of what is to be taught. What the students learn depends solely on the demand for particular services. For instance, if there is no request from clients for a perm or a colourinq, the students will not get an opportunity to learn those skills. Besides, there are no tests and examinations conducted. Students' progress is not evaluated either. The only evaluation done relates to work ethics. The students' hairdressing skills are not evaluated. 11 In addition the TI class series clearly and explicitly contemplates teaching of both theory and practical aspects of hairdressing. As noted, the preamble refers to "classroom as well as practical instruction". The TI2 class standard itself refers to tests and examinations and courses of instruction and talks of instruction by explaining theory. Most importantly, it explicitly provides that "incumbents teach both theory and practice". Counsel for the employer submitted that one does not require a class-room to teach theory. While' it may be possible to teach theory outside of a class-room setting, the uncontradicted evidence is that the grievor does not teach any theory at all. The class standard clearly draws a distinction between the teaching of theory and the teaching of practice, and ~pecifically states that incumbents will do both. In any event, the uncontradicted evidence of the grievor is that the only occasion she gets to explain any theory at all is if and when a student asks a question, while performing the hands-on assignments. That clearly is not the type of teaching of theory contemplated by the class standard. In order to uphold the employer's position, the Board would have to agree that as long as the grievor engages in any form of training and instruction in a trade, that satisfies the "general language" of the class standard. In 12 regard to this class standard series, we cannot do so, because the class standard does not use general language. On the contrary, it uses very specific language in describing the type of instruction contemplated. Both the preamble and the TI2 class standard make specific reference to a planned course of instruction and to the teaching of theory. On the basis of all of the evidence, we find that the kind of teaching and instruction undertaken by the grievor is not within the TI2 class standard or that class series as a whole. The grievor's position is improperly classified and we so declare. We are also of the view that the grievor's position is not properly classified as Industrial officer 3. That class standard contemplates positions managing a "production operation". While we agree with union counsel that production can either be of goods or services, the evidence does not establish that the grievor manages a production operation of either kind. As we have already indicated, the thrust of the grievor's job still is the teaching and instruction of inmate students in the trade of hairdressing as a form of rehabilitation, eventhough we have held that the type of teaching and instruction now undertaken by the grievor is different to that contemplated by the TI2 class standard. The grievor remains a teacher and not a manager of a production 13. operation. The evidence is that the grievor has no prodUction levels t~ meet, either in terms of qua%ity or quantity. She has full discretion in diciding how much of service is'to be provided. The quality of the services produced is not evaluated. This evidence is not indicative Of a production operation. Any services produced is secondary and incidental to her teaching responsibilities. Therefore her position does not fit the Industrial Officer class standard. We have found that the grievor's position is improperly classified as TI2. The factors that take her position out of the TI2 class standard, make the TI3 class standard equally inappropriate. We have further concluded that the classification of Industrial Officer 3 sought by the grievor is not a proper classification for her position. In the circumstances, the appropriate remedy is a "Berry order". The employer is directed to properly classify the grievor's position with retroactivity to 20 days prior to the. date of filing of the grievance. 14 Dated this 29th day of May 1992 at Hamilton, Ontario N. Di~anayake Vice-chairperson M. Vorster Member D. Clark Member 07550 - 07~54 TRADES INSTRUC'I'OR LID. SS SDti?S Positions allocated to this class series are characteriaticat!y designed to aid in the rehabilitation of inmat~ sm:dents in Ontario Refom Institutions through programed traininl2 which ~cludes class- room as well as practical instruction. The objective is to provide a means of setf-expression~ to arouse and encourage interest ~ a trade or skill and to motivate the stude~ts tc c,~ntinue Cheir studies after release or discharge and to eventually establish themselves as journe>~er, i~ their chosen ~rade. ~ile the work of the s~udent-in-~raining :~y be utilized ~ a variety of waS's such as: the consg~ction~ m~t:enance or re~ of buildings; the production of furniture or figtings for use in the insritu~J.on or the ~xintenance and re,ir of mch~e~,; such activities are incidental to the pr~ f~ction of student training and rehabili- tat1 on. l~q~erc thc pr~,vSs.ion of services or the production of goods is ~he series although instruction of i~tes ~y be an J}~herent ~rt of the job. November 19~4 07550 TRADE iNSTRUCTOR 1 C~%$$ DE~ !..YIT!0N: Employees in positions allocated to this class act as Assistant Instructor in the less t~chnically complex trades (as designated for Trade Instructor 2) under she direction of the Trade Instructor 2 in charge of instruction in the specified trade. Applying teaching schedules and ,subject matter as deten~ined by their supervisor~ they assist ~n rli the functions outlined in the specification for Trade Instructor 2 and are responsible for the custody and safekeeping of the students assi_~ned to their care. C_~UALIFICATIONS: I. Grade 10 education; completion of the required apprenticeship in the appropriate desi_~na~ed trade o__r an acceptable equivalent including successful completion of an appropriate Civil Serx-ice Trades Test o~r demonstrated knowledge of the tools, equipment~ methods and practices in a trade not desi~nated by the Apprenticeship Act. 2. Preferably at least one year's journeyman experience in the given designated trade or three years~ experience in the given non-de si_~nated trade. 3. Ability to control and successfully inst~zt inmate students in a reform environment ~rith emFhasis on rehabilitation; initiative~ tact and good jud_zment; personal suitability. .\'ovember !96a TRADE INSTRUCTOR 2 0?5.32 C L-kS$ DEFINIT IO~N: Employees in positions allocated to thi:~ nlass give inst~tction: in the technically ]~ss complex ~rades' ~> to i~dividual~ ~d classes i~ Reform Iastitutions'. i~cumbents teach both rheem- and practice, a.iaptl~:~ their instruction to ~he i~div:Ldual so.i/ities of the studenzs m~d the vg~-in~ lengths of ~heir stay in the Institution. Inc~bento of positions in this class pla~ courses of instruction, prepare tests ~d ex~nations~ g~ade students and evaluate their p~'o~r~ss. Ther orde~ supplies as required for classroo~ ~r '<orksho0s~ account for materials used ~d the' purchase of n~w equipment. They assemble material and equipment for lessons, instruct by explainin~ theo~ and demonstrate the use .of tools and ' ' ~er~a=s reouired for the zi%'en trade. Ihey maintain ~scipline and. supem¢ise the wor~ in bo~h , . instructioaal ~ practical petites, ensure that a~equate safety measures are obse~ed and are responsible for the care and s~:curiry ' of tools a~d equipment arid the cleanli2ess or' thc workshop area. These employees are usually under the direction of the head teacher or the SuDerintendent or other a~hnd~strative " - i official. They are responsible for uhe custod}. ~nd safekeeping of the s=udents in their care ~d may supe~-isr Trade Inst~ctors 1. OR Employees in positions allocated to this class act as Assistant Inst~ctor in the more technically ccmplex trades designated for Trade Inst~c~or 3) ~der the direction of the Trade I-~t~ctor 3 in charge of inst~crion in the :,~ecified ~rade. Applying teachin8 schedules ~d subject ~¢atter as dete~ned by their supe~-isor, they assist in all the functions outlined above an~ are responsible for the custody ~d ~afekeeping of the students assigned to their care. ~;- Trades in this class include: 9arberiz:~.'; Hgrdressin~; Shoe Repairing; Upholstering: Sewing: Tailoring ~'. Co~ercial Cooking. ~JALIFICATIONS: 1. Grade I0 education; completion of the required apprenticeship in the appropriate designated trade o~ ao acceptable equivalent inclu~ng successful completion of ~ apprel~ciate Civil Sera'ice Trades Test o~ demonst~-ated knowledge of ~he tools', equipment, methods ~d practices in a trade no~ designated by the ' .Apprenticeship Ac ~. 2. At least two yearsf journey~n experience in the given designated %rede or five yearsf experience in the given non-designated trade' 3. Ability to control and successfully instruct inmate students a refo~ enviro~en~ ~th emDhasis on rebabititation; initiative: tact and ~ood jud~ent; personal suitabJ ]z ry. ×ovember 196a 07554 TRADE INSTRUCTOR CIASS DEFINITION: Employees ~_n positions allocated to this c'l?-ss give instruction &nd perform the duties as outlined in the specification for Trade Instructor 2 but the): train stuJ.ents in the technically more complex trades such as: B.._~klayln=: Carpentr}-, ~lason~£: .~(otor Vehicle re...v~ir: ?aint~ and Dec~ratin~: Piasterin~: Plumbing: Sheet .Hetal work~ Steamfitting~ Printing: Welding~ Machiae Shop work~ Elect'?ical Installation and repair: Radio and 're!avision repair: and Air Conditioning anm Refrigeration .installation and repair. Ihes- are usuai!}''under the direction of the hea£ teacher or the superinzendent or other adm/~.istrative official and may supervise Trade Inst~uctors 2. ,%UALI~CATIONS: 1. Grade !0 education; journe}~nan standing in ~,e appropriate trade o~r an acceptable equi~a!ent includin~ successful completion of an appropriate Civil Servic~ Trades Test. 2. At least two years~ journeyman experience Jn the given designated trade or five years' experience in the given non-designated trade. 3. Abilit-y to control and s~ccessfully instruct, immate students in a reform, environment ~th emphasis on rehabilitation; initiative; tact and good judgment~ personal suitabil~.m2. November 196~ _~ t.&.~ S DEFINITION: Employees in positions aliocated to this clans manage a srn~]l to medium or relatively complex production operation such as thc T~i]or Shop at Rideau Indu&trial ~a~, the Tailor Shop at ~11brook~ or the UpholsteOm Shop at ~elph, or the Tailor Shop at ~ash. ~ They assist in merit of thc larler or mo~ complex pr~uction o~ra~ona such as the 8rick and Tile ~11 ~t Hi.co, the ~chine Shop, or the ~ilor Shop ~t Ouelph. As n~tna~ers, they are responsible for estiraating and procurement of materials, for discussing costs srith ~uperior$ ~d for ~ing reco~endations on ne~+ pr~uct~ to be processed. They ~ke reco~en~tions to a superior on staff personnel ~tters. As assistants to ~nagers, they sha~ the ~sponsibiltty for quanti~)' and quality of pr~uct~on and for security o~ fn~te~. They personally per~orm work re~uirlnA ~ec~ical ski11~ e~erience ~4 ~o~led~e com;~arab]e to journe)~n stand, hA ~n a trade. These employees train ~roups of t~te~ In ~ood work habi~ and technkcal sk(lls~ control the ~uality o~ production various task~ in accordance ~th their cap~b~littes. ?bey prepare da~17 reports on (n~es~ indu~t~ and c~duct. ~ey ~7 take over ~7 ~osition ~n the pr~ction routine in orde~ to tnve~ti~ate an~ ~r to demonstrate proper york ~U~I ~IC~?IORS: 1. ~referably O~ade 10 educ~t~; satt~acto~ ~n ~he ~rade required ~ the dutte& to be pe~o~ · or ~ acceptable equivalent c~b~nat~on o~ traln~n& ~d e~er~ence. ~. Ab~t f(ve year& of acceptable e~erlence ~t the j~e~ level.~n the relate~ tra~e or 3. Supervisor. ~d inst~ctlon~l ability) abili~ to sketch or e~lain ~uch a ~ay a~ to be understo~ ~ unskilled standards of in. test lndust~ ~d conduct; ability to deal effectively ~4th in~tes; abiliW to esti~te supplies, to establish prMuctt~ ~cthods and to control vaste ~d quality; abiliw to ~co~end and evaluate ney pr~uccs for processing. c- k~ncre the equivalent applies, the person ~ill be required to successfully complete a Civil Service. Trades Test where one exists, _Au_~u s:. iqb).