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HomeMy WebLinkAbout1977-0158.Pack.78-07-11IN THE MATTER OF AN ARBIT?.ATION Under The CROWN EMPLOYEES COLLECTIVE BARGAINING ACT .. Before THE GRIEVANCE SETTLEMENT BOARD Between: Mr. C. Pack find (Grievor) Ministry of Correctional Services (Employer) Before: Prof. George W. Adams - Chairman Mrs. Mary Gibb - Member Mr. Harry Simcn - Member For ,the Grievor: Mr. W.A. Lokay, Classification Officer Ontario PublicService Employees Union 1901 Yonge Street 'Toronto, Ontario For the Employer: Mr. J.F. Eenedict Personnel Branch Ministry of Correctional Services Hearing: April 7, 1978 Suite 2100, lS0 Dundas St. Nest Toronto, Ontario !I ;I: -2 i In this case Mr. C. Pack grieves under .~.17(.?)(& of The - CXWD Empldyees Collective Bargaining Act that his position has been improperly classified. The grievor is employed by the Ministry of Correctional Services as Production Manager (Marker Plant) at the Millbrook Correctional Centre (Millbrook) and this position is presently classified as Industrial Officer 3. The grievor requests that the position be reclassified to Industrial Officer 4. The parties have agreed to the following facts. The class series for Industrial Officers was established in August 1963 and, while requiring updating, it is still in effect in its original form. The Marker Plant at Millbrook, which produces licence plates, is considered a large and complex production cpera- tion for the purposes cf'classifying positions in the Industrial Officer series. In response to the grievance, Mr. C.F. McCaw, Supervisor of Industries and Maintenance-at Millbrook a'nd the griever's Supervisor, responded in the following manner. MEMORANDUM September 6/77 MINISTRY OF CORRECTIONAL SERVICES To Mr. C. H. Pack, Production Manager, +rker Plant FROM Mr. C. F. MC&W, SUperVisor, Industries & Maintenance Millbrook Correctional Centre GRIEVANCE This will acknowledge receipt of youl written grievances, dated and received September l/77, in which you state that your pxition is improperly classified. . During our informal. discussion September 2/77, I referred,you to d letter dated May 13/77, which Mr. J. F. Benedict, Coordinator, Standards and Audit, Ministry of Correctional Services, had written to Mr. W. A. Lokay, O.P.S.E.U. Classification Officer, explaining why your position is classified as Industrial officer 3. As noted in Mr. Benedict's letter, the Ninistry's reasons for the Production Manager (Marker Plant) position not being classified as Industrial Officer 4, are as follows: - The Marker Plant operation is considered to be smaller and less complex by comparison to other Ministry Industries so classified. - You are not responsible for: 1) preparing and contrdlliny the annual budget; 2) setting the specifications, the quantities, the purchase and delivery of raw materials; 3) conducting the business dealings with custo- mers (M.T.C.), or the various suppliers of' raw materials, equipment, dies, etc.; 4) hiring of staff, or compiling the annual assessments of staff; 5) dealing with grievances. Trusting thik explanation and Mr. Benedict's letter (copy attached for your perusal) will explain the Ministry of Correctional Service's position satis- factorily. (Signature) L c. F. MCCdW This position was elaborated by Mr. J. F. Benedict in a memorandum dated May 13, 1977 and addressed to Mr. W. Lokay. This memorandum reads: We have looked into the classification of the Production Manager (Marker Plant) position at the Millbrook Cm- rectional Centre in response co our telephone conver- sa tion . This position is currently classified as Industrial officer 3 based on the second criteria of the class standards, that is, "they assist in manaye- ment of the larger or mre complex production operations such d.s the brick and tile mill at the Mimico, the Machine Shop, or the Taylor Shop at Guelph". -4- These are examples of larger or more complex production operations, the list is not all inclusive. It is our view that the actual Manager of the Marker Plant at the Millbrook is the Industries and Maintenance Supervisor that is presently classified as Industrial Officer 5. It is the Industries and Maintenance Supervisor who exercise the necessary managerial judgements to ensure the effective operation and supervision of the Marker Plant. tie is responsible es the Manager for the supervision of subordinate staff, budget control, dealing with grievances, hiring staff and so on and so forth. 'l'he Production Manager (Marker Plant) does not meet the class standards for Industrial Officer 4.. It is our view, this class applies to those who "manage a medium to a large or complex production operation such as the Planning Mill and Furniture Shop, the Woollen Mill or the Can- nery at the Ontario Reformatory Guelph; the Marker Plant at Ontario Reformatory, Millbrook". It is certainly true that this position is responsible for certain functions that appear in the Industrial Officer 4 class standards, e.g., work performance and training of inmates, investi- gating and correcting complaints, etc., but the incumbent does not manage the Marker Plant of Ontario Reformatory, Millbrook. Upon exarmning the class standards for Industrial Officer 3, it becomes readily apparent that Indus- trial'4fficer 3's are Assistant to Manager or group leaders and they share the responsibility for quantity and quality of production. Industrial Officer 4 classification is a management exclusion class at the rsoment, and therefore, the term “Manager” has a greater significance and impor- tance in the face of criteria set out in the Crown Employees Collective Bargaining Act. This position is simply not a manager position as the incumbent is simply not managing. Unfortunately the position title is entirely inappropriate and it will be changed upon implementation of the.broadbanding project for the correctional group. Its new title will be Senior-Officer (Marker Plant). In addition, the word "manages" has been used. under Section 6 (class allocation) of the position specification in a nest inappropriate way and it will be changed and replaced with the terminology "assists in the manage- ment of a large operation..." -5- As you are well aware the Industrial Officer class series is very badly out dated and the language is archaic and the criteria used may be entirely inappropriate at this time. However, until such time as the series is entirely overhauled, I believe that we have no option but to classify positions strictly in accordance with the class standards. We would argue that the responsibilities of this position are far closer to those that we might expect of an Industrial Officer 3 and those that we might expect of an Industrial Officer 4. We have not undertaken a detailed classification audit of this position at this time as we retiin convinced that it is properly classified. J.F. Benedict Coordinator Standards and Audit The most decent position specification for the griever's job is dated June 2, 1976 and provides, in part: Position Title Production Manager (Marker Plant) PREVIOUS Position Title Class Title Class Code Industrial Officer 3 50554 Immediate Supervisor's Title Industries and Maintenance SuperViSor Ministry Correctional Services Branch Adult Institutions Section Eastern Region Millbrook C.C., Location (Address) Millbrook, Ontario -6- Nd of Incumbents Positions Supervised Incumbents Supervised Directly Indirectly Directly Indirectly 1 1 nil 9 nil PURPOSE OF POSITION To.ensure the efficient and economical production of licence plates in a semi automated marker plant in a maximum security institution; to coordinate the work of subordinates and inmate .helpers in the production of licence plates; to perform other related duties. SUMMARY OF DUTIES AND RESPONSIBILITIES 1. (60%) 'Ensures the efficient and economical production of licence~plates in a semi automated marker plant in a maxi- mum security institution 'by:- Consulting with Industries and Maintenance Supervisor regarding work orders and production scheduling; estimating and requisi- tioning material, spare parts,~etc. through supervisor,,refer- ring to.trade manuals, etc. for new parts; dhecking material received from stores re quality, quantity, damage, etc., recording details and forwarding information to supervisor; supervising the unloading and placement of steel coils in plant storage area; checking safety devices, apparatus, etc., daily and constantly ensuring adherence to safety regulations; designating daily the sequence of numbers to be pressed by each machine (6 numerical presses) indicating on a log for each machine the intitial number which will begin the run, style of 'plates, and machine operator's name preparing daily a produc- tion log for the blanking press noting on the log the operation, plater style, coil number, Andy coil weight; inspecting all phases of licence plate,production observing for quality, work flow,~ / inmate and staff svrale; ensuring spoiled plates are recut or coated to maintain continuity of work flow; assisting in the maintenance and.repair of various machines, recording maintenace performed in machine log; ensuring machines are switched off and tools accounted for and locked in tool crib at lunch and end of shift: advising Industries and Maintenance Supervisor of any break downs, delays, work stoppage and ensuring remedial action is taken; reconnnending to supervisor any replacement or repair to machinery; shipping finished and packaged plates noting number. of boxes, sequences of number shipped, forwarding information to supervisor for preparation of transfer slips, collecting and assembling information for production logs from production control officers,' noting final number pressed, cut, coated~and inspected on each nnchine and packaging area; passing figures to supervisor. 2. (35%) Coordinates the work of subordinates and inmate helpers in the production of licence plates by:- Assigning duties to subordinate staff, demonstrating methods and procedures, providing technical guidance and assistinS oz -7- advising as necessary; allocating production control officers to area as required by work load and production schedules; rotating production control officers through various areas to provide cross training and experience as necessary; advising production control officers of daily production requirements ~for each area; 'inspecting work in progress, maintaining constant vigilance for damage (accidental or intentional), safe operation and economic practices; ensuring inmate helpers (up to 32) are instructed iri proper methods of machine opera- tion, demonstrating ds necessary; maintaining inmate interest and morale by encouragement and counsellinq and maintaining an atmosphere conducive to >ehabilitation by encouraging good work habits, warning inmates in minor misconduct laying charges in mjor misconduct; ensuring reports on conduct and industry of inmates are submitted{ requesting through Chief Correctional Officer that unsuitable inmates be removed. 3. (5%) Performs other related'duties such as:- Approving subordinate staff, recommending in merit increases, promotion, overtime, etc.: training new or replacement prod- uction control officers assigned: ensuring the sectirity of inmates, equipment, etc.; ensuring inmates are escorted to and from work-'area and cell wings; assigning iMlate.s according to ability, ability to work with others; re-assigning inmates periodically to other machines to relieve boredom. Assisting and relieving other staff in emergencies and staff shortage situations; as assigned. I 4. SKILLS AND KNOWLEDGE RFQUIP.ED TO PERFORM THE WORK Preferably Grade 12 education> satisfactory completion of apprenticeship in the trade or an acceptable equivalent combination of training and experience. dpproxima tely five years acceptable experience at Journeyman level in related industry. Supervisory ability to deal effectively with staff and inmetes; ability to establish priorities, production, methods estimate supplies and reguirements. This ~position specification is to be contrasted with those of the Tailor Shop Manager and the Industries and Maintenance Supervisor which respectively read, in part: Position Title Tailor shop ~anayer Class Title Class Code Industrial Officer 3 50554 -a- Immediate Supervisor's Title Industries and Maintenance Supervisor Ministry Correctional Services Branch Adult Institutions Section Location (Address) Eastern Region Millbrook C.C. Millbrook, Ontario PURPOSE OF POSITION To manage the Tailor Shop and production in a maximum security institu- tion; to performskilled tailoring duties and provide instruction and training for inmates; to perform other related duties. SUMMARY OF DUTIES AND RESPONSIBILITIES 1. (60%) Manages the Tailor Shop and production in a maximum security institution by:- Receiving work orders concerning the manufacture and supply of specified items e.q.~ bedding, underwear, shirts and pants, coveralls, smocks, coats, etc., for use by Millbrook Correctional Centre, other institutions, PLOY- incial Ministries, etc., referring to specifications, quantities and qualities; estimatinq materials, cloth, thread, buttons,. etc. required to complete work orders; requisitioning materials and arranging for pick up from stores: returning surplus on completion of orders; maintaining constant check re amOunt of cloth on hand; referring to patterns available or planning, developing and making own patterns; laying out cloth and marking for cutting from patterns to obtain most economical use.of cloth; considering orders and determining priorities and establishing work schedules; assigning specific phases of production to subordinate; checking finished garments for quality control; arranging for comp- leted orders to be taken to store for shipment; ensuring ctimpleteness. of orders; preparing and submittinq daily reports of man hours prod- uction figures; keeping records of shop operations and submitting detailed reports as necessary; advising assistant to office manager re Tailor Shop production - to explain &crease/decrease cost per article produced, .e.q. all oversize shorts require more yardage.'.cost per article increase. ~~~~ 2. (20%) Performs skilled tailoring duties and provides instruction and training for inmates by:- Altering and repairing staff uniforms and inmate personal clothing; instructing inmates in tailoring production line techniques and proper use of equipment, demonstrating correct methods, skills, etc.; teach- ing pattern development layout and application. 3. (20%) Performs other related duties such as:- Training subordinate in all requirements of Tailor Shop operation; ,shariny with subordinate the correctional supervision of inmates, escorting inmates to and from work and cell blocks: supervising "smoke up", rest breaks; advising inmates of conduct and work expected; warning inmates in minor misconduct, laying charges for major mis- conduct; assessing and marking inmates daiiy for conduct and industry; submitting reports of inmates progress. adjustment, etc. as requested; recommending on inmates suitability for Tailor Shop work or for trans- fer to another shop; maintaining equipment, carrying out regular servi- cing, maintenance and adjustments; undertaking minor and major repairs, referring only difficult repairs such as rebuilding to Industries and Maintenance Supervisor; maintaining constant alertness to prevent .intentional or accidental damage to machines by inmates. Assisting and relieving other staff in emergencies and staff shortage situations; as assigned. 4. SKILLS AND KNOWLEDGE REQUIRED TO PERFORM THE WORK Preferably Grade 10 education. Satisfactory completion of apprentice- ship in the trade or an acceptable equivalent combination of training and experience. Approximately five years acceptable experience at Journeyman level in related industry. Supervisory ability to deal effectitiely with staff and inmates; ability to establish priori,ties, production methods, e&mate supplies. * * * * * * Position Title Industries and Maintenance Supervisor Reason for Submission Broadbanding of key position Branch Adult Institutions - Eastern Region Section s Location Millbrook Correctional Centre, Millbrook, Ontario Title of Immediate' Supervisor Senior Assistant Superintendent Purpose of Position To manage the Industrial Programmes, Building Maintenance and Domestic Services and Construction/Renovation Projects of an adult correctional centre and design and engineer security hardward products and projects for other Ministry Institutions. Statement of Major Responsibilities In a maximum security adult correctional centre with an average population (1975-76) of 206 male inmates transferred to the centre because of their security risk or severe behavioural problems, assumes direct responsibilities for: > - 10 - (l)Planniny, organizing and coordinating the five industrial pro- ~grassnes i.e. (l).Laundry (21 ,Marker Plant (licences)(l) Tailor Shop (4) Jobbing Plant and (5) Braille and Book Repair Shop; (2) Planning, organizing and coordinating the Centre's Maintenance and Domestic Services and Construction/Renovation Projects; (3) Selecting, supervising, scheduling, training, evaluating and disciplining subordinate staff: approving overtime: (4) Ensuring the training, SuperViSiOn, evaluation, discipline, security and safety of over 120 inmates in Industrial Programmes, Maintenance And Domestic Services and Construction/Renovation Projects; (5) Coordinating Industrial Programmes with other rehabilitation and treatment programmes; (6)Estimating all material ~requirements and requisitioning materials supplies and equipment for industries and services; (7) Designing and engineering security'hardware products and projects for this end other Ministry Institutions; (8) Engineering and production of lisence.plates. QUALIFICATION CRITERIA As indicated in the compensible factors Knowledge Work requires knowledge of drafting, engineering, machine shop, welding and managementprinciples normally acquired through completion. of secondary school plus TradUstiOn from a Community College supplemented by progressively responsible management exper- ience in a related field. Work requires supervisory and administra- tive ability; ability to plan and coordinate industrial programmes and schedules, ability to estimate material quantities and coordinate, delivery.dates'and production schedules; ability to design new prod- ucts or equipment as required: work requires a working knowledge of the Correctional Services Act, Collective Bargaining Agreement, Public Service Act, Industrial Safety Act, Ministry of Environment Acts and local by-laws, and.various Ministry regulations, directives, policies and procedures. .Judgement Work is performed under the administrative direction of the Senior Assistant Superintendent with ~free access to the Superintendent and other senior instit,ution staff as well as aocess to Correctional Services Act, Public Service Act, Industrial Safety Act and various Ministry and institutional directives , policies and procedures. Judge- ment is required in organizing staff and resources to meet maintenance and production schedules keeping in mind cost constraints, availability and experience~of staff and inmates , security requirements and priorities; assigning and removing inmates from jobs, determining most efficient and economical methods of carrying out construction, altera- tions and repairs and in organizing same with a minimum of disruption and danger: dealing with emergency situations e.g. mass refusal to work,, escape attempts, riots, etc. Accountability The incumbent has administrative accountability in the following areas: Programme: Plans, develops and organizes and coordinates all industrial programmes, maintenance and domestic services and construc- tion/renovation projects for the centre. Designs and engineers security hardware for the Ministry. Pereonnel Directly supervises 1 Mtce. Foreman, 5 Industrial Managers,. and through them 15 subordinate staff. Effectively recommends purchasing and requisitioning of all materials, supplies and equipment needed. for areas,,supervised. Assumes account.?- bility for installation, security , maintenance and servicing of all equipment (replacement value $l,OOO,OOO). The impact of decisons is such that ~ineffectivk and inefficient admini-, stration could lead to failure to meet production schedules; wastage of material and funds and could adversely affect programme objectives, inmate security and staff and inmate safety. - 11 - contacts Regular contact width Supervisor, senior institution 'staff exchanging information, seeking advice, etc., office manager re purchasinq,.inventories and production reports. Regular contact with outside companies for ordering equipment and supplies. Sporadic con- tact with customers re production and d~elivery dates and Ministry of Government Services re capi~tal projects, emergency repairs, etc. Inspection Branch, Superintpndents, and Regional Administrators re security 'hardware projects and products. Incumbent participates as a member on the following committees: (1) Inmate Employment and Places ment (2) Budget (3) Safety (4) Senior Management Incumbent may represent the Ministry in industrial matters with outside agencies, and other correctional jurisdictions. t * l * * * The rlass.definitions for the four class standards most relevant to this grievance appear in the following form: INDUSTRIAL' OFFICER 2 Class Definition: Employees in positions allocated to this class are engaged in the supervision of'work and instruction of inmates in various industries at.refornkxtories and industrial farms. In some psi tions, they are in charge of a small industrial operation such as the Shoe Shop at Mimic0 or the Braille Print Shop~at Millbrook.. In th,ese positions they are responsible for estimating the procurement of materials. In other positions, they assist in the management of a production operation not requiring skills of any of the desiqnated~ trades such as the Woollen Mill at Guelph or~the Marker Plant at Millbrook. fin many of these positions, they require specialized processing knowledges and skills and are responsible to the manager for particular controls or skilled operations. They train inmates in the required processes to which they are assigned, allocate duties and check quality and quantity of production. They are responsible for the servicing, proper use and adherence to safety~precautions in the operation of the equipment. They have responsibility for production schedules, work standards, 'shop mintenance and security arrangements in their area. They may perform the more complex work as required or any of the work in order to demonstrate procedure or to expedite production as needed. J * l * l * - 12 - INDUSTRIAL OFFICER 3 Class Definition: Employees in positions allocated to this class menage d smell to medium or relatively complex production operation such as the Tailor Shop at Rideau Industrial Farm, the Tailor Shop at Millbrook, or the Upholstery Shop at Guelph, or the Tailor Shop at Burwash. E They assist in management of the larger or more complex production operations such as the Brick end Tile Mill et Mimico, the Machine Shop, or the Tailor Shop at Guelph. AS managers, they are responsible for estimating and procurement df materials, for discussing costs with superiors and for making recommendations on new products to be processed. They make recommend- ations to d superior on staff personnel matters. As assistants to managers, they share the responsiblity for quantity and quality of production end for security of ~nmdtes. They personally perform work requiring technical skill, experience and knowledge comparable to journeymen standing in a trade. These employees train groups of inmates in good work habits end technical skills, control the quality of production end assign inmates to various tasks in accordance with their capabilities. They prepare daily reports on inmates' industry end conduct. They may take over anypsitionin the production,routine in order to investigate end correct complaints or to demonstrate proper work procedures. * *.* l * INDUSTRIAL OFFICER 4 Class Definition Emplojlees in positions allocated to this class manage a medium to large or complex production operation such as the Planing Mill end Furniture Shop, the Woollen Mill or the Cannery et the Ontario Reformatory, Guelph; the Marker Plant at Ontario Reformatory, Millbrooki the combination of smeller production operations et Burtch Industrial Farm; the Planing Mill at Burwash or the Brick end Tile Plant at Mimico. They Are responsible for the estimating and procurement of materials, for discussing costs with superiors and for making recommendations on new products to be processed. Personally or through subordinates they train 15 to 75~inmates~ in work perfor- mance and technical skills, assist custodial staff in maintaining security, and supervise the quality of inmates' production end their assignment to specific duties. They engage in the routine of production when necessary to investigate and correct complaints. They make recommendations ,to a superior on staff personnel matters. l l * * l - 13 - INDUSTRIAL OFFICER 5 Class Definition Employees in positidns allocated to this class IMnaqe one Of the largest or mst skilled production operations such as the Abattoir, the Tailor She> or'the Machine Shop at the Ontario ReformtorY, Gu=lph. , They are responsible for the estimating and procurement of' materials, for discussing costs end for makinq'recommendations o* *ew products to be processed. personally or through subordinates they train 25 to 150 inmetes in work performance and technical skills, assist custodial staff irmintaining security, end Supervise the quality of inmetes' production and their assignment to Specific duties. They engage in the routine of production when neCeSSerY to investigate '_ and correct complaints. They meke~recommendations on staff personnel matters to a superior. l * l ‘* t The grievor testified that he has been employed in his position for nine years ,and supervises nine subordinate employees employed in the Marker Plant. These people, in turn, work with and train the nineteen inmates who .are assigned to work in that plant. The Board was advised by the grievor that all the inmates assigned to his plant seem to be problem inmates who have experienced problems in other shops in the institution. Mil.lbrook'is a maximum security institution. The Board was further advised that the grievor has disputed the appropriate- ness of his classification for the last nine years and filed this complaint after trying. to effect a change for that period of time. Obviously, if the grievor is successful, the change cannot, because of his delay, be made effective to the date of his original appointment. Any compensating award, in such circumstances, ought only to date from the filing of the grievance. TO flesh out his duties and responsiblities, the grievor - 14 - testified'to the following details. Work orders come to him from the Ministry of Transport through his Supervisor, Mr.' McCaw. He then looks for any deadl'ines; establishes production priorities; and schedules production, as need be. He estimates the amount of material needed on a weekly basis and withdraws that amount from the institution's "stores".or warehouse. For anything that is not in the warehouse, the grievor makes a request to his supervisor who deals with all the "outside people." (i.e. customers and suppliers). The grievor testified that he checks all the material sent to him to determine if it is damaged and Mr. McCaw is advised of any ~problems in this regard. He is responsible for ~the maintenance and repair of equipment under his charge. However, if plumbing or electrical services are required, Mr. McCaw is contacted because the employees who are expert in these matters "report to him.~ Similarly, repair work to be undertaken outside the institution must be effected through his supervisor. He keeps daily production records for Mr. McCaw's weekly report. When his staff want time off, they discuss it with the grievor, who in turn contacts Mr. McCaw for approval. Mr. McCaw may come into the Marker Plant once a day and may stay for as little as five minutes. - 15 - The ,production process has become more complicated with the introduction of more sophisticated machinery, but the number of inmates has dropped from a high of fifty in 1968 to the nineteen currently involved. The number of institutional staff has remained about the same. The number of licence plates manufactured annually has been reduced by more than fifty percent because of the introduction of the yearly licence sticker that is now affixed to the original licence plate of a car. The estimation of required material to manufacture a licence plate is quite standardized, apparently. One pound of steel makes a pair of licence plates and one gallon of paint is sufficient to paint 5,000 plates. Annual requirements of these materials are estimated by Mr. McCaw who consults with the grievor after receiving the necessary information from the Ministry,of Transport. The grievor disclaimed any involvement in determining the cost of production. The grievor has some involvement in the desi,gn of new licence plates from a production viewpoint, but it is Mr. McCaw who would actually design them and make any modifications to the equipment, if need be. One of the grievor's primary responsibilities, according to his own evidence, is to monitor the quantity and quality of production on a day to day basis. However, engineering and technical ,expertise necessary for the purchasing of new machines or plant reorganization is the responsibility of Mr. McCaw. Indeed, the grievor testified that, in the past, the purchasing of at least some new equipment was not even discussed with him. He has no involvement in the budgeting process; he does not deal directly with Ministry of Transport officials and - 16 - he merely passes personnel information on to Mr. McCaw who conducts the annual employe~e appraisal. Mr. Jones, the Manager of the Tailor Shop, gave evidence before the Board. He supervises one subordinate employee. He receives work orders from Mr. McCaw. The orders specify the desired quality and quantity of garment. Mr. Jones is then responsible for scheduling the production. He estimates the amo,unt of materials necessary to complete an order and requisi- tions it from the warehouse. He does not order material from outside suppliers. He is responsible for the maintenance and repair of the equipment ,in the Tailor Shop, although Mr. McCaw is contacted when this is beyond the internal capacity o,f the Shop. He makes out a weekly production report for Mr. McCaw. He is not involved.in the, budgeting process. Mr. McCaw has been the Industries and Maintenance Supervisor since 1968.' He testified that he oversees the operations of the four industries undertaken at Millbrook, as well as the maintenance of all buildings. In 1967 he was the MarkerPlant Manager and, as the Manager at that,'time, he'was responsible for estimating all the plant requirements for the forthcoming year; for maintaining and upgrading the equipment; and for scheduling of material throughout the year. As well, he dealt directly with customers and suppliers and, of course, supervised the plant's staff. However, in 1968 the industries at Millbrook were reorganized and, as a result of this reorganization, both the - 17 - grievor's position and McCaw's current post were established. Mr. Pack's job'was to center on the production in the Shops and Mr. McCaw, in his new,position, continued to be responsible for the overall organization; the procurement of materials; and the direct dealings with customers and sup>pliers. Thus, since 1968, Mr. McCaw,has had, in relation to the Marker Plant, responsibility.for the procurement of materials on an annual basis; the costs of production; and general budgeting. He is very much involved in the,design of new licence plates and the acquisition of new machines. He deals with suppliers and has worked closely with them in the improvement and standardization of the component-materials. He is also the link between Millbrook and the Ministry of Transportation. With respect to the staff of the Marker Plant, Mr. McCaw is responsible for vacation schedules; the granting of any leave- of-absences; discipline; and monthly performance appraisals. Indeed, even when Mr. Pack orders materials from the warehouse, Mr. McCaw signs the order form. He saw Mr. Pack's role as primarily related to insuring that the product was properly made; that the amount of scrap was kept at a minimum; and that the operation of the plant was kept on schedule. To these ends, he assigns staff and inmates, and works with'them in the day to day operation of the plant. Explaining the same classi'fication of Mr. Pack.and Mr. Jones, Mr. McCaw told the Board that, while the Tailor Shop'does not employ the same number of staff or inmates, it centers on skilled work. Thus, the Tailor Shop'Manager has to spend a great of his time training and supervising inmates. - 18 - Finally, the Board was advised that the four employees in the Jobbing Shop are supervised by a person whose position is classified as Industrial Officer 3. The Senior Officer in the laundry is classified Industrial Officer 2. The Union argued that where class standards specifically mention a position, organizational changes cannot subsequently affect the original allocation of positions. It submitted that the grievor manages the Marker Plant, which the parties have agreed is a large and complex production faci,lity, and while he plays a limited role in both the procurement of materials and costing of production, this is also the case for all other managers at Millbrook. Thus, it is submitted that if Mr. Jones could be said to "manage" the Tailor Shop, then Mr. Pack is "managing" the Marker Plantwithin the meaning of the Industrial Officer 4 class standard. It was also the Union's position.that for an employee to be properly.classified as assisting a manager of an industry, the manager must be employed on a full-time basis for one. industry and not someone with the overall responsibilities of Mr. McCaw. The Employer objected to the Board's jurisdiction to consider the grievance because it involved a claim for a classi- fication residing outside the bargaining unit and, currently, considered as a management position. It was the Employer's submission that a claim'of this kind was really one involving a claim for a management exclusion which requires a determination coming within the exclusive jurisdiction of the Ontario Public Service Labour Relations Tribunal under 5. 38(l) of the crown employees Collective Bargaining Act. Alternatively, the Employer argued that the grievor was properly classified because he assisted in the - 19 - management of the Marker Plant and lacked the overall responsi- bility for its operation. It was the Employer's position that after the 1968 reorganization, the 1967 Marker Plant Manager position ceased to exist. Mr. McCaw has continued to be responsible for many aspects of the Marker Plant's management that he had assumed responsibility for before the reorganization and, for that reason, the Board should conclude that Mr. Pack is, in fact, assisting him in its management. The Board has carefully reviewed the evidence and has , come to the conclusion, not without hesitation;that the grievance must be dismissed. It is our view that the grievor's position is not specifically mentioned in the class definition of Industrial Officer 4. Rather, the class definition refers to positions in which employees actually manage a "large or complex production operation such as the Planing Mill, and Furniture Shop, the Woollen Mill or the Cannery at the Ontario Reformatory, Guelph; the Marker Plant at Ontario Reformatory, Millbrook; the combina- tion of smaller production operations at Burtch Industrial Farms; the Planing Mill at But-wash or the Brick and Tile Plant at Mimico;" Therefore, the Board is obligated to examine the actual job duties of the position in question and is not limited by the job title allocated to it. When Mr. Pack's job duties are examined, it is our opinion that they are more in the nature of assisting Mr. McCaw in the management of the Marker Plant and the grievor's position speci- fication#makes this assisting role quite clear. In contrast to - 20 - Mr. Jones' position,specification, the grievor's specification conditions, almost all of his responsibilities with references to his "supervisor." While the Union argued that the job duties of Mr. Jones should be the basis on which the Board determines the meaning of the term "manage" as it is used in the Industrial Officer 4 class standard, we are of the view that the best evidence of.the term's meaning would have been evidence in relation to similar positions at the Ontario Reformatory, Guelph, Burtch Industrial Farm, Burwash, or at Mimico, facilities specifically mentioned in the class standard to which the grievor aspires. That class standard _. describes management positions in terms of responsibility "for the estimating and the procurement materials, for discussing costs with superiors, and for making recommendations on new products 'to be processed." The grievor, even on his own evidence, has no responsibility in these areas or, at the most, very limited responsibilities. However, we want to make the observation that we fully appreciate the reasons for the grievor's discontent. The class standards do appear to be badly out of date and Mr. Pack's supervisory responsibilities.are more extensive than those of Mr. Jones, if only by virtue of the relative sizes of the respective operations. Until these class standards are properly revised, grievances of this kind are bound to arise and this Board will continue to be deprived of adequate standards to assist it, in the resulting adjudications. ,, -if: L, - 21 - Because the grievance is dismissed, the objection to the Board's jurisdiction~taken by the Employer need not be determined. Dated at Toronto this 11th day of July, 1978. . . George W. Adams Chairman Mary Gibb Member Harry Simon Member