HomeMy WebLinkAbout1980-0527.Poole and Kuwabara.83-07-11Between:
Before:
IN THE MATTER OF AN ARBITRATION
Under The
CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
Mrs. Vera Poole and
Miss M. Kuwabara Grievors
- And -
The Crown in Right of
Ontario (Ministry of
Transportation and
Communications) Employer
W. B. Rayner Vice Chairman
K. W. Preston hlember
F. Colldm Member
For the Grievors: L. Stevens, Grievance Officer
Ontario Public Service Employees
Union
For the Employer: N. Pctt~ifor, Staff Relations Super\'is:,1
Ministry of Trxnsportatj~on and
Communicntions
AWARD -----
This matter involves two grievances filed by Mrs.
Pooleand Miss Kuwabara as a result of the filling of a competition
for the position of Senior Report Verification Clerk - Clerk 4
General. The position was filled by the Employer and the success-
ful applicant was Mr. McGowan. Mr. McGowan was given notice of
the hearing and his rights thereat, and attended at the hearing.
He was called as a witness by the Union but did not chose to
participate further in the hearing.
The relevant provision of the Collective Agreement
is Article 4.3 which reads:
"ARTICLE 4 - POSTING AND FILLING OF VACANCIES
OR NEW PCSITIONS
. . . . .
4.3 In filling a vacancy, the Employer shall
give primary consideration to qualifications
and ability to perform the required duties.
Where qualifications and ability are relatively
equal, length of continuous service shall be
a consideration."
There is no doubt from the wording of the,Article,
that the Article is a "competition" clause. It is only when the
qualifications and ability of the various applicants for the
position are relatively equal that length of continuous service
becomes a consideration.
Mrs. Poole has more continuous service than Mr. McGowan
- 3-
and Miss Kuwabara had substantially more continuous service
than both Mrs. Poole and Mr. McGowan.
Among the several joint exhibits filed by the parties
was the competition as posted, the specification of the position
in question, and the application forms of both grievors, Mr. McGowan,
and two other individuals who received interviews before a final
selection was made,
The process of selection undertaken by the employer
was to have the some 18 or 19 applications for the job considered
first by Mr. Marshall, a Report Verification Group Leader, and
the immediate Supervisor of the position. The applications were
also considered by Mr. Gatto, the Financial Control Supervisor
of the Agents' Issuing Section. These two individuals reviewed
the applications both individually and together and developed a
short list of people to be interviewed. Neither of the grievors
were on the short list but the successful applicant obviously was.
Three people made the short list. The short list, together with
all the other applications, were then presented to Mr. Godfrey
who is Head of the Agents' Issuing Section. He considered the
applications in total,and agreed with the short list. Interviews
were then conducted for the three people on the short list.
At the commencement of the hearing, Mrs. Poole withdrirew
her grievance insofar as an award oi F the job ~,as in issue. The Union ted
the position tha .t Miss Kuwabara was the person entitled to the job.
-4 -
Mrs. Poole left her grievance standing insofar as she felt
she should have been given an interview if Miss Kuwabara d
receive the job.
that
id not
In essence, at the conclusion of the hearing in
response to the question, Union counsel indicated that there were
four possible alternatives open to this Board. There was no
objection to these possible alternatives from the Employer's point
of view. The four alternarives are:
/
1. Deny both grievances
2. Allow the grievance of Miss Xuwabara and
direct that she be given the job
3. Direct that both of the grievors be given
interviews in order that the matter might
be reconsidered.
4. Direct that either one of the grievors be
given interviews in order that the matter might be reconsidered.
It is with these alternatives before us that we now turn to the
evidence in detail.
Both grievors hold the position of Clerk III,General,
in the Agents' Issuing Sect on of the Licencing and Control Branch
of~the Transportation Regulation Division of the Ministry of
Transporation and Communications. Mr. ElcGowan held the same position
prior to his successful application. The competition as posted
indicates that the candidate must have secondary school education.
must have a thorough knowledge of vehicle registration statutes,
- 5 -
legislation and local practices as.defined by the Highway Traffic
Act and Regulations, must have about four years of progressively
responsible clerical experience, should have the ability to
communicate clearly, both orally and in writing, and should have
the ability to instruct and supervise the work of subordinates.
The applicant also is required to have a working knowledge of
computer processing systems.
The job in question requires some supervisory skills.
The job description indicates that 20% of the clerk's time will be
spent in supervising staff in a Report Verification Unit. The
evidence established that Mr. Marshall has under him four different
Group Leaders with some thirty-six or thirty-seven employees in
total employed under'him.
We do not propose to review the evidence in detail as
to the jobs carried out by the grievors presently, and the job in
question. The evidence clearly establishes that there is a natural
connection between the two in that the grievors in their present
job resolve errors that are found in the job in question.
.
In any event, the evidence of Mr. Godfrey, Mr. Marshal
and Mr. Gatto, indicated clearly that the two grievors met the
requirements as set out on the competition with respect to the
technical aspects of the job. Knowledge of the job was not in
issue. What was in issue, acccrdi.ng to )!I. Godfrey, Xr. Fiarshall,
and Mr. Gatto, was the presence or absence of demonstrated
- 6 -
supervisory ability. Mr. Godfrey said that the major criterion
for the job was supervisory potential. He said that he was looking
for a person with strong inter-personal skills and strong leadership
abilities. He said that the person needed to be flexible in operat-
ing in an area that was going through considerable change. For
example, he indicated that after the competition was posted he
became aware that there is a possibility'that this particular operation
may be transferred to the Ki~ngston area. ,Thus, the successful
applicant would have to be willing to undertake a reallocation.
Mr. Gatto also said that the major criterion was
supervisory ability. He said that he was looking for inter-personal
skills and communication skills. He said that the person selected
had to adapt to a changing environment. Mr. Marshall stated much
the same thing, although he indicated that he was looking for
supervisory experience and aggressiveness.
All three of the Esnployer witnesses ,indicated
initially in cross-examination that they felt that the grievers'-
applications did not show that factor to the same extent as shown
by the applications made by the three employees who were granted
interviews. However, when each of the witnesses were directed to
the particular applications of Mr. McGown, Mrs. Poole and Miss
Kuwabara, they could not demonstrate how Mr. McGowan's application
indicated any more supervisory ability than the application of
Mrs. Poole. Mr. Godfrey indicated that in his view the work ex-
periencc of Mr. XcGowan was much more extensive than the grievers.
-7-
He pointed out that both the grievors had remained in the same
basic. job for a considerable period of time. Both Mr. Marshall
and Mr. Gatto admitted readily that both grievors, in their
present jobs, demonstrated a basic ability. for the job in question.
Mr., Marshall, however, would not agree that either of the grievors
showed ability to supervise. Mr. Gatto said that the applications
of Poole and McGowan were basically the same. He admitted that Mrs.
Poole's application showed some direct supervisory ability and ex-
perience. However, he indicated he was convinced by conversations
with Mr. Marshall that Mrs. Poole lacked "initiative" for the job.
Mr. Marshall, in his cross-examination, admitted that the grievor's
form showed direct supervisory experience and that Mr. McGown
showed no more potential on the application form. He did not
elaborate, in any way, as to how a conclusion should be drawn that
Mrs. Poole initiative was less than that of McGowan.
We now turn to the applications of all three parties
who were before the Board. Without any detailed examination of
the applications, it is obvious that with respect to Mr. McGown
and Miss Kuwabara, the forms reveal no direct supervisory experience.
Mr. McGown testified that he did, in fact, supervise as a Group
Leader for one week when his Leader was on vacation. Apart from
the normal training of new employees that falls to all Clerk III,
General, in the area, Miss Xuwabara admitted that she had no
supervisory experience.
1
-8-
The application form of Mrs. Poole is quite different.
Her application indicates that she had acted as a Supervisor for
S.S. Kresge Co. Ltd. for some six years. Her form indicated that
she had some eight full-time staff working under her. -Mrs. Poole
also testified that she had acted as a Group Leader for a period of
three months when she was in another area of the Employer's operation.
Mr. Pettifor;suggested that in this type of situation
it must be remembered that the selection of an employee for a
promotion is not ascience. It is an art. Whether the latter state-
ment is a proper classification of the exercise, we do agree that
the matter is not, in fact, a science. However, we are of the
opinion that the Employer, when making distinctions between employees
should be able to point to real differences without undue difficulty.
We recognize that supervisory ability is not an easy quality to
measure objectively. However, one can look to certain fac'tors,
factors such as experience and training. Mrs. Poole not only had
experience in this area but had, in fact, taken a course which was
outlined on her application as "effective supervision - communication
This course was given by Humber College and was taken by her in 1979
for a period of some ten weeks. This information, which was availabl
to the Employer because of her application form, seemed to be ignored
With respect to the application of Niss Kuwabara,
the Board is of the opinion that it cannot find that the Employer
has acted improperly in preferring ilr. ~lc'C:c\wan. The fact that
Mr. McGowan had worked in other areas and had been moved more
-9-
frequently, could be seen as a benefit in terms of both supervisory
ability and flexibility. To this extent, his application may be
considered to be somewhat stronger than the application of Miss
Kuwabara. Accordingly, we must dismiss Miss Kuwabara's claim.
However, we are of the opinion that such a conclusion
should not be reached with respect to the grievance of Mrs. Poole.
As the matter now stands before the Board, the only relief that
the Board can at this time order for Mrs. Poole is the relief
sought by the Union. The Union does not seek to have Mrs. Poole
put into the job immediately, but does seek to have her be given
an interview. In other words, the Union seeks to reopen the
competition in that the grievor is to be given an interview, and
after the interviews, her qualifications and ability are to be _'
compared with the successful applicant Mr. McGowan. Presumably,
if after the interview the Employer is of the opinion that their
qualifications and ability with respect to supervision is roughly
equal, or more accurately, was roughly equal at the time when the
.decision was initially made, then Mrs. Poole should be given the
job and Mr. McGowan removed from it.
We are of the view that this submission should
succeed. It seems to us quite clear from the application form
of both Mr. McGown and Mrs. Poole, that Mrs. Poole showed super-
visory ability and experience, not only equal to that of Mr.
)icGowan, but, indeed, r.ore than t1iat of !.:?I . !.lcGowan. Since
all of the Bmployer witnesses indiczteci t!,at the degree of
- 10 -
supervisory ability was the distinguish i ng feature between candidates,
it would appear to this Board that Mrs. Poole was not properly con-
sidered, under the terms of the Collect ,i ve Agreement, and at the
very minimum, deserves an interview. It goes of course without saying
that the interview must be conducted in a fair and impartial manner
and that the Employer, as far as possible, put from its mind the
fact that it has already selected Mr. McGowan. If, after the inter-
view, the Employer.is of the opinion that Mrs. Poole has the same
or roughly the same supervisory ability of Nr. McGowan, then.it
would follow, it seems to this Board, that she is to be given the
job.
In any event, the Board awards that the grievance of
Mrs. Poole, as modified by statements of her counsel at the hearing,
be allowed and that she be granted an interview with respect to the
competition in question. If the parties have any difficulties in
working out the details of this award, we remain seized of this
matter.
DATED at London, Ontario, this 30th day of April, 1981
I concur/dic;scnt
; . .
I/
Lb. htLf&
N
K. W. Preston, Member
I concur/d+?%Wt
IN THE MATTER OF AN ARBITRATION
Under
m='I CROWN EMPLOYEES COLLECTIVE BARGAI:ZiNG ACT 1.1..
B&fore
THE GRIEVANCE SETTLEMENT BOAR=
-xTtween :
3efore:.
For the Grievor:
For the Employer:
searings:
OPSEU (R. Patrick & J.3. Baker)
Grievors
- and -
The Crown in Right of Ontario (Ministry of Community and,Social Services)
Employer
P. G. Barton Vice Chairman
F. D. Collom Member
W. A. Lobraico Member -I
.P. J. J. Ciivalluzzo
Counsel
Golden, Levinson
Barristers & Solicitors L
D. Abramowitz -
Manager, Employee Relations"
Personnel Branch
Ministry of Community and Social Services
December 16, 1982
January 5, 1983
*5ee ?reliminary Award dated May 19, 1982, also.
-2-
DIXISIL‘::
The Grievers are presenrly classified ~3 CD32 fCCX?Unit\
Development Gfficers) in the Capirzl Projects 3rznch, Xinisxy
On June 25, lS30 they bczh cf Coixxnity and Social Services.
file2 qrielvances alleginq:
"I am improperly classified pursuant tc
clause 5.1.1. of the Collective Bargaining
Ayeezent . "
The grievances filed by the Grievrrs souqht a re-:lsicn of
classification to either Technical Consilltant 1 .>typiCal) Zr
"eqzivalect level". Griqinally the frievors souqhr to be ccrpared
to a position of Project Manager x;Lthin the klanaqement Compensaticn
Plan. In a preliminary Award it xirrs held that because of t?.e
previous negotiations between the parties it was clear to
management that this particular classification we.;ld be sought
and therefore that the phrase "or equivalent level" in the
grievance was wide enough to alloy the Grievors ro refer to
a classification not specificallly mentioned in rbe grievance.
The preliminary Award went further, however, and indicated that
it was not within the power of this Board to declare that the
Grievors were entitled to be classified as Project Managers
because that classification was nft a bargaininq unit classification.
The Capital project section (now the Capital and
Administrative Services Branch) has a hierarchy as follows:
Director:
Assistant Director:
Xanager ;
Zegion;
.;rea.
I -
-3-
The job specification for the -rievors indicates.~that zhey are
Project Co-ordinators who wor'i out of the central office and
report directly to Managers at that level.
When the position ~3s ori,-inally crea-.ad ths: were
Executive Officer'1 in Managerent. In 1977 the: were put into
the bargaining unit and classified as CD02. Ac:crdin,- to
the evidence of Mr. Baker, this classification :.as to be
equivalent to Program Consultant. :n 1980 Procrzm Consultants
became Program Supervisors in the Xanagement sc?.ame while the
Grievors remained as CD&. They sczght reclass:fication in -
March of~l980 and grieved in June. In November 1980, the
Regional Director of the.Adul,t Services Divisicz-; Central
Regional Office, responded~to the grievance by Indicating that:
"While' I h‘ave rejected Technical Consultant'1 as a classification,
~1 am requesting the.Personnei Sranch to underta:?a further review
of the position to determine .a more appropriate level of classif-
ication". Evidence was given at the hearing that no :ore
appropriate level of classification was found and the Grievors
remain as CD02 at present.
"CL.ASS'STANDARD.
COMMUNITYDEVELOPMSXT OPI'ICER SERIES :.
This class series covers the pos.iti0r.s of employees
involved in departmental programmes which foster and
encourage citizen interest and>particLpaticn in
community activities for social development, Cultural
enrichment, recreational enjoyment.and physical fitness.
These programmes also ensure adequate opportunities
for citizens of all age groups throughout the province
to use their leisure tire creatively and er.:oyablp.
Employees in positions cc.:ered by these classes provide
leadership and advisory services to :roups 2nd organi-
zations to promote their support of rr.5 ineolvement in a
I
.:..
-5-
buying, holding and selling all kinds of biils, notes,
negotiable instruments, shares, debentures, mortgages,
etc., borrowing such SKS as i: requires by temporary
loans or by the issue and sale of debentures, bills
or notes bearing interest.
The Corporation was esteblishe5 for the purpose of
stimulating the economic develcoment of all areas
of the province. It assists 23 encourages the
development and diversificaticz of industry through
the provision of financial aid, and advisory, technical,
and management services to all types of businesses
which meet the Cor?oratFon's requirements. Financial
assistance includes interest-free forgivable loans,
long-term capital loans and guarantees of payment
of loans. Loans are made available for the construction
of new buildings, the rcmodelling or expansion of plant
facilities and the Furchase of new equipmen: which
will increase substantially c?;ortunities fcr employment.
The Corporation's staff of corsultants analyze applicants'
problems and provide expert advice on financial,
engineering,marketing,?roduction and technical matters
to assist established companies to introduce new
techniques and processes, and to bring new types of
industry to areas of slow growth. They negotiate with
and assist overseas coroanies to establish new facilities
in Ontario. The Corporation also operates industrial
parks and provides ind;lstrial sites, equipment, premises
and facilities. It encourages =he inventic:. of new
products and processes in co- operation with the Ontario Research Foundation and offers advice on financing,
patenting and marketing."
"TECHNICAL CONSULTANT 1
This class covers the oositiozs of employees of the
Ontario Development Corporation, who conduct investi-
gations into the management Tnblems of companies
requesting assistance from the Corporation. Under
the supervision of a senior consultant or Branch
Director,they provide technical and advisory services
to companies and individuals, analyzing problems,
arranging for financial and other aid and ensuring
that proposed solutions are viable.
They analyze applications, interview senior management
officials and observe the actual operations in order
to determine the type of assistance required and how
it may best be provided. In addition to their own
studies, they also evaluate reports solicited from
-4-
wide variety of coxiunity development projects to
meet community needs. At the local level they
stimulate interest in cultural programmes (e.g.
arts,~ crafts,, language training, drama, and music),
athletic programmes (both indoor and outdoor), and
special services for youth and other g,roups (e.g.
Indians, ethnic groups, etc.); They assist in the
investigation and evaluation of community resources
and facilities, and assessment of the effectiveness
of curr ent programmes and services, and the development
of -new programmes. They also arrange for the provision
of financial assistance in the form of grants tom
municipalities and organisations. They maintain
close liaison with officials of other jurisdictions
and agencies with similar prograrmnes and services."
"COMML?JITY DEVELOP?IENT OFFICER 2
This class covers the positions of working level
field officers who provide consultative services to
community organizations, voluntary groups and social
agencies in an assigned district or municipality
to prcmote their interest and involvement in the
develcnment and establishment of a variety Of
educational; social, cultural and recreational programmes
for citizens and special groups. They provide
information regarding branch programmes, services and
resources and stimulate local interest in these
prograxnes. They assist in the investigation of
community needs and the evaluation of facilities
and resources. They organize seminars and conferences
and ,provide specialist lectures and source materials.
They recommend to branch officials the development
and establishment of a variety .of new programmes such
as training courses, special projects and fitness
activities and the provision of financial assistance.
They maintain close liaison with conununity.officials,
school groups and voluntary agencies with similar or
related programmes. They may assist .in the training
of trainees. . ..."
_' CLASS STFXDARD
"TECI-XICAL CONSULTANT SERIES
This class series covers the positions of consultants
in the Ontario Development Corporation who carry out
the Corporation's responsibilities under the Ontario Develzpzent Corporation Act.
The Corporation is authorized under the legislation
to 'do all things that a cbrporation with share capital
may do' - including making loans, taking security,
purchasing, managing, leasing, and selling real property;
‘~ .
-6-
such sources as company auditcrs and independent
in:*estment analysts prior to t;:e grer.sing ci
financial or other assistance. In cc-operazion
with other advisers and analys:s frc: the Corporation
and after the granting of assistance. they ensure
the compa ny's adherence to a t:dget established
bv themselves through a contiz.;ing r-e-:iew ci
financial statements and other reporTa. T!-.%y maintain
liaison with chartered bazks cr.2 other finrrcial
institutions and Federal and Frsvinclzl Go-:ernment
departments, in order to facilitate r.agotiezioas
fcr 10-g and short term loans for tr.2 compenies with
which they deal. They make recsmmeci%tions for z'ne
rejecticn or ratification of a.rp1icar.z com;:nies.
:ihen assistance is granted a czmpanl. they represent
the interests of the Prc;.ince rnsur:r.; that zbe
companies abide by the terms and conditions under
which the assistance has been .-rantef thro:,-!: a
review cf financial and orher reports."
JO9 SPECIFICATION - CD0 2
"Position Title Class Title
Project Co-ordinator Corm. De.:eloprsnt Officer 2
Class Code Position Code lhis positicn is
05512 17-1450-70 revise2
Previous Position Title
No change
Immediate Supervisor's Title Position Code
Yanager, Capital Project Sectlsn -1:50-68
Division
Community and Social Services Finance 6 Administ-
ration Services
iocation (Address)
Cap. d Admin. Services Tororzz3
SO. of incumbents Positions S.;oervised Inczbents Supervised
Directly Ir.>irecrly Direczly Indirectly
A. PL'Z?OSE OF POSITION :why d-es tr:s position exist, stats ~;oal: >bjc:::.:es, etc.)
- 7 -
1.
2.
2.
To ensure the mcst efficient and effective use of
capital funds assigned to Adult and Children's
Services projects within the incu-bent's tiesignated
geographic area according to,Ministry priorities,
needs and scheduling realities.
To be the Ministry's technical reso-rce to munici-
palities, non-profit corporations, India.:: Bands,
and student,cooperatives, and to Cczporate, Regional
and Area Offies of the Ministry by providing ccnsult-
ative planning.sarvices and project-implementation
direction regarding t:?e establishce:r, exxansior.,
alte~rations and/cr renovations of a facility and
or regarding major reoairs/replacer:entsin a facility,
under one or an)- combination of Ministry f:Jnded
programs,, to. ensure compliance with -he relevant
legislatioz!s) and policies.
SUMMARY OC DUTIES AND RESPOSSIBILITLBS (indicate 1 ._. r percentage or time spent on eacn signlrzcant runcti07.,
im;nedate scope, equipment, working conditions, unusual
- features', etc.)
i.. To ensure'that all program accommo&tion is~designed
'Andy constructed in a manner-appropriate to the
program requirements and consistent with government
policies, objectives, and funding standards. Errors
in judgment could result in a disruotion or delav‘
in a direct or indirect service., ha>ardous condi;ion,
inefficient use of public funds witk an adverse
effect on those bein or 'to.be served, the operation
of then agency, -and the political ramifications in a
high.profile sitzatiorf.
2. The 'incumbent,. tarough direct contact with Community
.Organization.Officials, Agency-Executives, Municipal
Counsellbrs, Senior Municipal Officials, M.P.P.'s,
Program Consultants, Area Managers, Regional Directors,
Exec;tive Co-ordinators, and other !<inis?:ries
'Solicitor General, Rousing, Health, Northern .\ Aff&irs, Culture and Recreatipn) transmits and
interprets Legislation and Ministry directives and
requirements and reviews information and data on
proje.ct proposals pertaining to location, planning,
design, construction, furnishing an-? equipping of
agency owned or leased facilities:providing evalu-
ations; assessments, recommendations and directions.
31 Assess capital b,udget submissions from client ccrpor- atims tc deterrLne.appropriate fur.ding, viability of
the~proposal and. consister.cy of t?: submission against
i :., :
I
4.
5.
6.
7.
8.
9.
4.
Performs other related duties as assigned.
SKILLS AND XSCKLEDGE REQUIRED TO PEFZ0.W TYE NORX
(state education, training, experience, etc.)
-8-
established standards within prescribed procedures
as to accuracy cf judgement data and ra:icnal ;Ised
or rejection of the capital budget a::d./cr project.
Determines and sakes recommendations as to the
most financially viable alternative ~i.e. build,
buy and rencvate, leaseback, lease, etc.). Decisions
made form the basis for Ministerial approval or
rejection of funding.
The incumbent FrOVideS or arranges ftr tecY.nical
consultation (Xinistry Architects, Hc:e Eccnozists,
Xrsing Con.sultants, Pinancial Officers, etc.1 to
agency Boards on cor;;plex applications, texcering
procedures, construction management, stip.ulated
sum contract administration, furnishings, equipment,
etc.; monitor .s the development of ccnstruction plans
and contract dccuments ensuring the lzplementation of Legislative requirements and prescribed stzndarfis
by the agencies and their design tear: and obtains
legislative and other approvals as rsqulre? to
completion of the project.
Evaluates completed facilities to cc~:pare the function
of the finished product with the expectations during
the planning stage and, where necessary, recorrmend
changes to Ministry design guidelines and standards.
Trovides coznents and makes recozmen~ations regarding
proposed changes in Ministry policy znd capital
funding inequities and/or inconsistencies across Xinistry programs.
Khen required, investigates/reviews critical incidents
of reported nob- compliance in accommodation to
determine need for formalized Ministry or other
authoritative body investigation, makes appropriate
recommendations and initiates corrective action.
Provides a consultative service to Xea Offices
by evaluating and making recommendations on major
repairs, maintenance, renovations or replacerents
in existing facilities.
Demonstrated siministrative and ass%ss?.ent s:kills
acquired through completion of a degree (BusLness
.\dministratio?., Urban Planning) plus ester.si.:e
experience in construction, budgeti:; and adninist-
ration or a.n ecuivalent combination zf ed-zca:ion
and related e>:jerience. A thoraugk ::r.2wle5ce of
the relevant legislation (13 &7ts) -.:2 policies,
-9-
regulations and procedures ~both Kithin and outside
government related tc obtaining t?e necessary
building approvals.
A thorough knowledge of applicable by-laws, building
codes, fire. and safety standards, health requirements
and special recuireme>ts, etc. tiility to read and
interpret architectural plans and specifications
and understand legal-documents, i.e. lease, purchase
contracts and agreerents. Xell developed inter-
personal, conun2nicatlon and co-orEination skills
are necessary in developing and izintaining a co-
operative.relationship with varic-s Boards and
approval authorities.
Ability to analyse complex situations and make timely
so.and decisions and recommendaticns regarding location,
planning, design and equipping et:., in regard to the
client's needs, resources available and Xinistry
priorities.
5. SIGNATURES
Immediate Suprevisor Date. !,!inistry Official Date
6/6/80 :i . w . Basich ~6/6/80
CLASS ALLOCATIOX
Class Title 2 Class Code bccupational Group No
~Community Development 05512 .' AD-09 . Officer 2. (Atypical) Us E'"ective Date -*
: Cl 06 80
Cd?FFIRNATION OF CLASS (ATY?ICAL)
A. Provides consultative services to community organizations
regarding the establishment, expansion, alterations/
renovations of a facility: major repairs/replacements .
in a facility, under one o: any combination of Ministry
funded programs to ensure compliance with the relevant
legislation and policies.
B. Assists in the investigation of community needs and
the evaluation, o'f ficilities and resources by interpre-
ting Legislation ant' Minis: ry directive requirements:
.:
conduct investigations of buslnesaer applying for financial essistsc:e, prepare necessary
3:ts,
zake recc=zaen2atlons and to perfor, such other related Cc~its 2s aasigcad.
- 10 -
reviews informarion ax6 data ;n pr::*cts proposals
re location planning, design, cons::Jct:::, furnishlnc:
and equipping or agency owncS,'leasr2 facilities,
providing evaluations, assessments, recc::endacrons
2nd directions.
;. Provides information regardi:; bra:zh pr:;rammes,
services and resources in rel:tier. 13 cz;-:a1 budget
submissions fror. client corpzraticzz to f5:ermine
appropriate funding, uiabiliz;of tL:% prz;zsa+ a+
consistency of the SubTissicr. agai:;t ec::bllshea
standards re sc;?ort/rejecti:?. of ::?,itaI budget
and/or project ior approval 1-y Mar.c;er.
SIGNATURE OF AUTHOZIZED
SUPERVISOR DATE (Pls:;e ty;* evalctor's
nanel
16.1'/,'80 R. ‘;.arr:i
. IncGbents of this position, while reporting a&.lnlstratlvel~ to tk.s Director of Loan
,;lications, norxllg' perform their duties ucder the profcssioca.L direc:ioa of a Senior
.‘~ .:sultant acciog as a ceaa leader or ae a etaior spedalist.
1. Conducts investigations of applicszts applying fcr ffozzrial rrsfstaoce through
the Ch:ario kvelopmenf Corpordrion by performLog such :ssks LZ:-
- detcr-ining eligibility under one or more loao progra:
- dcter=ining the need for and aunt of financial assis~acce;
- dctedning the benefits to QItarlo of the proposed Frojcct;
- cvaluting the applicants operazing efflcfency and crragcrfil conpetcnce;
- cvaluaating the market for the s?pllcaoC’s proC;lcts;
I
.-. - __ -
- aoal~zin~ financial statements and projections;
- deteminlng the abi.lity to repay a loon and the security availabLe;
- evslmting the overall risk in providing financial assistance;
- recomending to the’
should be provided and,the de iled terna and conditions that~shxld be set;
7
t .the amount of financinl assists~~~ce that
~. ’
?. - advishg a?;llcants that are not able to obtain financial asslst.zce fra3 O.D.C.
on al:emat:ve solutions to the’ir problems;
L assisting cr-parries,~ particularly those seeking to locate in OntL:io, to 0h:ain
financing ar.2 advice from various govement m2 private sector sources;
- prbtide coos;Jltative seticesin~ereas of particular expertise to applicsots nnd
borrovers. 5 requested by other.0.D.C. 3ranches;
- promoting the aim and‘objectives of the O.D. C. at workshops an2 field trips;
- nainttinLog liaison at the executive level with govemxnt depazr-ents and fins
cogsFed in busi6ess developnent and -bushess. ~finandog;
- related duties as assigned.
-5 AhiO KEIOWLEDGE EEOUlfiED TO PERFORM THE WORK ,SI.STE EDuCITIDH.TRAINING. EXPf RIENCE ETC., A deer
Lhiversity of reccgnized standing in cowzerce b finawe, business afiistra:ion or -
rrins or necbershl? in a professional accounCiUg SSSOCiStiOO Or its eq’dW&nt ir. educa
cmerfence olw several vears emerience in a SedOr ?osition in indwtry. and/or trai
:I, OX for approx; 2-3 ye&s togeiher with {ca?e=ic stand&q 6 other rela-t;d experience .-
I’ndrr the professional dir~ection of a Senior Cmsulta3t to conduit~ifr.vestigations of
:cnp;rnics and/or b,Jsinesses .applylng for a,ssis:ance from the Corporatisns, prepare
:*.yo::r, an? n;ikr r~ccmze?ndJti~ns,. incerviev 3~2 visit applicmts atid their proposals
;r, :1 l~crfor other related duties, as osslgned~
_?,
- 12 -
Insofar as the co-ordination of Capital Projects is
concerned the province is divided into four regions. There are
three Project Co-ordinators in the province and th.Js each is
responsible for one region plus part of the Xcrthern Reqicn.
;iithin each region there are a number cf areas, fcr example in
the Kingston Region there are six area offices each with an
area Manager. Essentially what the Grievers do is co-ordinate
attempts by private or governmental or;snizations to obtain
government grants to renovate, enlarge or build ne*d facilities
in which various social proqrams can be purs.:ad. For example,
much of the work seems to be in the ncrsinq 'Lome, sheltered
workshop, and day-care area. An out1ir.e of the
the Grievors was prepared (Exhibit 5) 2nd reads ,,
"PROCESS (DUTIES h RESPONSIJILITIFS
ON MAJOR CAPITAL)
work done by
as follows:
Elinor capital funds are allocated to each Area
.,
Office for their appropriate programs. Minor capital
is for the purchase of items of furnishings and
equipment and minor renovations to existing programs
operated under the jurisdictionof this Ministry. The
maximum gross cost for minor capital is $lO,OOO.OO
in all programs except for Senior Citizens Programs
which is $20,000.00.
The Troject Co-Ordinator may Provide advise and/or
assistance to the Area Office in respect to various
requests submitted by organizations. At such time as
the Area Manager approves a request, the Project Co-
ordinator receives a copy of the same. The "Notification
of Minor Capital" approval is reviewed by the Project
Co-Ordinator receives a copy of the same. The "Notif-
ication of Minor Capital" approval is reviewed by :he
Project Co-Ordinator in respect zo appropriate legislation,
conditions for approval which may not have been identified
etc., and advises the Area Office if necessary. If a
revised notification of minor capital approval needs
. .
- 13 -
to be subm$itted, to the organizatic:, the ?roject
Co-Ordinator advises the Area Office, for which the
Capital and Financial Sections will be fcrwarded a
revised copy.
At such time a minor capital claim form is submitted
for payment and for whatever reascz’the claim cannot
be processed, the Project Co-Ordicator contacts the
Area Office and resolves, the parti:Liar issue by
directing the Area Office on the szme.
If the approval involves's structural ,alteration,
~'the~plans and specifications are reviewed and
approved through the Project Co-Oriinator before
the work proceeds. This may invol'.'e a meeting with
the organization and a view of the existing conditions.
The project plans that are of a fire safety nature
are forwarded through'the Project Co-Ordlnator to the .
Ontario~Fire Marshal for review approval purposes.
PROCESS (DUTIES & RESPONSIBILITIES ON .NAZOR CAPITAL)
1. OVERVIEW
Project Co-Ordination involves zhe prccedures
involved to implement an intent (p:oposal) through
to the successful completion of a project (facility).
which depending on the size may vary from one to four
years to,complete depending on the complexity of the
project. The Project CoLOrdinator is responsible for
the implementing of a'proposal through to the completed
facility ~.by controlling the development of the facility
through the various steps outlined in the Ministry's
"Guidelines to Establish, Expand and/or Renovate Facility".
This mentioned guideline is a, rnear.5 to systematically
complete the project in respect'tc the organization's
program proposal, legislation, Ministry design guidelines,
policies and directives.
The Project Co-Ordinator has a dual role in the
development of, a facility: .-
Consultation with, either the Aduii or Children's - a)
/
Divisions .prior to proposals bein? priorized by
the Division, at which time the requesting organ-
ization (Municipality Non-Profit Corporation,
Indian Bands Student Co-pperatives) may ask for
assistance or direction on zhe .prscticality or feasibility of their intenCed prcposal, interpre-
tation of legislation or procedures. This czn-
:‘.I.
.’ ;..
‘-,
- 14 -
sultation role is usually at the request of
the Area Office, for which a report and
direction is forwarded to the Area Office
concerning the proposal.
b) At the time the Corporate Divisional Office
advises Capital and Administrative Services
Branch of their respective priorities, the
Troject Co-Ordinator is then responsible for
the development of the priorities in his assigned
geographic area. The Project Co-Ordinator
undertakes a review of the priorities by
requesting from the appropriate Area Office
copies of all current information concerning
the proposal. Upon receipt and review of the
information, the Project Co-Ordinator undertakes
to arrange a meeting with the Organization. The
organization would be represented by an executive
officer of the Board and/or executive director etc.
The purpose of this initial "Meeting of the Minds"
would be to totally review the proposal submitted.
If other Ministries such as Housing, Northern
Affairs, Culture and Recreation were also involved
with the proposal, they would also be asked to
send an appropriate representative. The proposal
would be assessed to determine the appropriate
alternative (build, buy/renovate, lease/lease-back),
the most financially viable based established ':
standards, a projected capital budget and how the organization plans to raise their portion of
the projected capital costs. Recommendations
submitted to the Yanager by the Project Co-Ordinator
form the basis of Ministerial rejection or approval-
in-principle of the project. Should the project
be approved-in-principle, the Project Co-Ordinator
ensures the project is included and/or updated on
the Capital Expenditures Control Report and Capital
Work Plan.
APPROVAL-IN-PRINCIPLE
The ProjectCo-Ordinator again reviews the intent and
resubmission from the organization based on the initial
"Meeting of the Minds". The organization based on the
accepted intent submits a list of possible locations for
the intended program. The Project Co-Drdinator reviews
by visiting each proposed location with the organization. The Area Office would be asked to also review each loc-
ation. The best alternative is determined by agreement
- 15 -
with all parties in respect to the intended program,
design guidelines etc. The Project Go-Ordinator then
undertakes to have the property/buil?ing appraised
and suggests to the organization an initial conditional
offer to purchase. At such time.the vendor and organ-
ization agree onan amount with the ::nowledge of the
Project Co-Ordinator, a copy of the executed offer to
purchase issubmitted to the Project Co-Ordinator.
Such items as zoning, proposed renal-ation cost etc.,
would have been previously reviewed rnd'agreed upon
with the Project Co-Ordinator.
ACQUISITION APPROVAL (SITE/BUXLDING/3EASE)
The Project Co-Ordinator submits t request for
Ministerial Acquisition Approval for which an updated
capital budget and schedule for implementation would
be included. The schedule will be a means for the
program consultant/supervisor 'to knci: when operating
should commence. Also any conditions which may be
pertinent with the approval. Errors in judgment on
the part of the Project Co-Ordinator'at this time could
;res,ult in disruptionor delay of the proposal, hazardous
: conditions, inefficient use of publiz funds. Such areas
as financial viability of-the organization's portion and appropriate corporation ~approvals under the legis-
lation are also verified by the Project Co-Ordinator.
with Legal Services Branch and Regicr.al Financial Manager.
PRELIMINARY PLANS . .
,At such~time the organization recaives acquisition
approval and all conditions both Provincial and Locally
have been adhered to, the organization 'is given direction
to acquire..the subject property. If the acquisition is
for a building to be renovated, the organization is asked
to submit a capital claim for provinci,al share. The
authorization is given either by the Project Co-Ordinator,
Manager and/or Director. The capital claim onced
received by the Project Co-Ordinator is reviewed and
if acceptable is passed to the Financial Section for
payment.
In the meantime, the organization may have hired an
architect or engineer. The Project Co-Ordinator may -
ask to be involved with.the interviads. If a professional
consul~tant (architect/engineer) is not involved this
would have been previously discussed and accepted by the,
Project Co-Ordinator at the approval-in-principle stage.
I.
:,
- 16 -
In the planning stage the Project C:-Ordinator exures that all program accommodation is designed
and constructed in a manner appropriate to the program
reauirements and consistent with goverxent policies
ani objectives. If the Project Co-Ordinator feels
additional input is required he will arrange for
technical ccnsultation at this time (Yinistry Architect,
Rome Economists, Nursing Consultants, f:c) in arranging
the meeting with the organization. He ensures all
relevant parties are available for dixxsion. In the
preliminary planning staqe, considerable detailed
PLanninq is undertaken to ensure the crganization's
proqram objectives are me: in conjunction with the
Xinistry design guidelines. This stage in development
depending on the size and complexity ray involve a
number of meetings and a -umber of reviews of the
dasiqn drawings, elementaL cost analysis and project
bldqet. The ?roject Co-Crdinator is t:-.e main point
of contact to ensure all Zinistry consultants are
satisfied. The timing for which the project is given
approval to proceed to the preparation of contract
documents (working drawinqs/specificatlon) is determined
by the Project Co-Ordinator. At this time if necessary,
the Project Co-Ordinator ensures that approved capital
budget is adequate and the project is on schedule. He
also ensures that drawinqs forwarded ta all provincial
and local authorities for recommendations are returned
to the organization.
WORKING DRAWINGS/SPECIFICATIONS
'At the time approval is given to prepare working
drawings and specifications the Project Co-Ordinator
will discuss, if he already has not done so, the various
means to undertake the construction akinistration
(stipulated sum, contract management, project management
etc) . The Project Co-Ordinator will advise the organ-
ization of the most apprcpriate mean~s and the programs
thereafter to follow. Any outstandinq recommendations
on the design drawing would be resolve5 at this time to
the satisfaction of the ?roject Co-Ordinator as well
as any outstanding issues pertaining to the development
to date of the project. The Project Co-Crdinator would
also raise any possible issues or problems that may be
avoided. While the consultant or desixxer is preparing
contract documents, the ?roject Co-Ortinator reminds
the organization to keep in touch with the Area Office
in respect to operating budgets, policies of the proposed
facility etc.
- 17 -
Again, depending on the size an5’ complexity 3: the
project, the Project Co-Ordinator.xses his own tiscre-
tion as to the organization submitzing 75% comPlete
contract documents. Once submitted, the Project Co-
ordinator ensures that they are re,.-iewed by all ministry
consultants as soon as possible. 3e Project Co-Ordinator
also reviews .the updated elemental cost anhlys:s which
would also have been submitted. D,e to the tiTe element,
it is imperative that the Project Co-Ordinator submit all
recommendations back to the organization prior co the
completion of the contract documents. If in acreement
the organization will advise the E'roject Co-Or&nator
of their decision. If the organization is not satisfied
with the recommendations of the Project Co-Ordinator
these outstanding items are further discussed w:?ich may
entail a meeting to resolve bi;dget over-runs, drawings,
specifications, etc. At such time the crqanization is
satisfied, the contract documents sre completed and a
finai,set is sent to the Project.Cc-Ordinator, and
provincial and local authorities fcr~approval. If
Project Co-Ordinator, -and provincial and local author-
ities for approval. If Project Co-Ordinator is also
satisfied the organization will be advised to tender
the project.‘ The ~Project Co-Ordinstor will advise the
organization of standard .tenderinq procedures etc. While the project is being tendered, a final review of the contract documents is undertaken. The ?roject Co-Ordinator
seeks Ministerial Plan Approval which aqain includes an
updated capital budget and schedule for itiplenentation.
The recommended approval is submitted to the Nanagers
of Capital and Financial and Director of Capital and
Administrative Services Branch.
During the time the project is being tendered, the
Project Co-Ordinator keeps in close liaison with the
organization. Any final recommendations on the drawings
and specifications are submitted to the organization prior to tenders being received SC that the consultant
(Architect/EngineerLcan .prepare thenecessaryaddendum.
When time tendersare deceived the organization will
submit to the Project Co-Ordinatqr an itemized list of
the bidders, a recommendation of ihe prospective bidder
which is normally the lowest and En updated budget. This
information once received is carefully reviewed by the
Project Co-Ordinator.
Any irregularities on outstanding issues are resolved
with the organization by the Project Co-Ordinator. At
such time the Project Co-Ordinate: is satisfied all
- 18 -
policies, directives zzd lefislat;on ha'..? beer. met, he
prepares a formal reccrmendation to the !!anagers of
Capital and Financial Secticns ant Director Of the
Branch recommending the final prolect cc:t, pro,/incial
share and revised schedule.
The organization wo.lld be adviesd of -he aPfrova1
by either the Project Co-Ortinator, Manzcer or Director,
giving any conditions, the aPproved pro;tct ccst, the
successful contractor which 1s normally -he firm the
organization recommended. Ihe orcanizat:on will be
advised of the proced.:res fc~r claiming Provincial fur.9s.
UNDSR CONSTRUCTION
Khile the project is under conszructl:n, the Project
Co-3rdinator keeps a close Ilaiso: with -he de:'elopment
ens-ring a11 change art er o: subsa;,Jent zevisicns in
the approved budget a:e reTviewed End accspted. Various
capital claims will be submitted to the >rojecz Co-
ordinator which are reviewed and iorwarted to the
Financial Section for Processing. The crganization
will also be asked at this stage to subrit a detailed
list of costs of proposed f.2rnishlngs ant equipment
together with specifications where necessary which
will be reviewed by the Project Cc-Ordizator. If
acceptable the organization .&ill 'ra advised accordingly
and authorized to call for renders. Cl:se liaison is'
also done with the krtz 0ffL:e in resperz to :?.a
corr.Pletioz of the prosect
COXPLETIOS OF THE PROJECT
At such time the project is complete and the designer
(Architect/Engineer) advises so a?d prier to the final
capital claim being processed, the Project Co-3rdinator
undertakes a reconciliation of the actual cost against
the approved budget. Also any outstanding approvals
(change of orders) are resolved. In thr project recon-
ciliation the Project Co-Ordinator recc:mends any add-
itional costs which dze to the circumstances should be
approved or identifies any cost Khich is not supported. The final claim attachTents and project reconciliation
onced authorized by the Director for payment, the Project
Co-Ordinator sends a last letter to the organization
adsising of the final amounz bei:: processed for payment.
The project file is ther. officially closed by the
Prcject Co-Ordinator.
- 19 -
SCOPE AND COMPLEXITY OF X-ION
In conjunction with the foreycing process, the
Project Co-Ordinator is responsible for a varying
number of projects which themselves vary in size
and program de.sign complexity at any given time. Fcr
example, at the time of :hLs a-dit the Co-Ordinator
had just received a listinc of ten projects totally
apprqximately one m,illior. sollzrs. :-:e is responsible
for ensuring the most effective Use cf capital funds
a:d co-ordinates the sched.zling, timing, cost-sharping,
equipping and design. efficiency cf the project.
Considerable discreticr. is exercised and time dey:oted
tc the consultative and,Ze*:elop2ent role with the
executive of the organization ic,detailed analysis cf
tke overall project as we11 as the individual components.
The Co-Ordinator must be prePa:red to resolve differ-
ences and or conflicts in differing views of service
deliverv and take appropriate decisive action to keep
the project on schedule and'the facility functional.
Independent judgment ins exercised in recommending the
most effective alternative and design and cost chanqes. ** _:
Depending on the rela tive sophistication of the client organization .(i.e. !<unicipality or Volunteer
organization or the project i:e. Workshop, Home for
Aged or Complex of Several Services) the Co-ordinator
.mJst determine what other expertise might be brought . 8 in (e.g. Consultant Architect, Engineer, Home Economist,
Nursing, etc., or examine other agencies' experience),
~co-ordinates other authorities iEvolved, with funding
implications (i.e., Ministry of Health, Housing, Culture
and Recreation, Morta,ge Canada, etc.), educates operators
in translating drawings into~.the programs working entities
and ensures the program needs are functionally housed
i.e. (Workshop producticn flow, ~?.esidential.components . inter relate properly. i.e. seniors needs to be active
5‘Jt also able to re5reat to quiet areas). Acts as a
catalyst to ensure all Parties keep on schedule and
within budget. Suggests new'aPproaches, provides input
.Fnto branch procedures, a-d legislative changes, such as,
cuidel~ines and capital fundinp:regulations. Plans own
time utilization.
Incumbent requires a wide and extensive knowledge
of social services pr0graz.s and the delivery of such
,services. Errors could lead to contentious issues under
and/or over expenditure 25 fur.ds., cash flow irregularities,
hazardous conditions and cr protiems regarding the client's
';se of the premises."
I ‘,
.-+.
. .
- 20 -
By way of summary, it appears that the Grievers are
responsible for approximately 100 projects per year. They work
with the fund-seeking organization in determining which source
of funds to pursue, and are involved to the extent of ensuring
that the organizaticn proposal starts off 0:. the right track on
the way to approval in principle. They make certain tecorrtmer.~-
ations concerning priority of projects within the area and
within the region although the final priorities are established
by others. A significant part of their job seems to be in t:'.e,
giving of advice to the fund-seeking~agency as to how best to
organize the financial end of the project. 3ecause the funds
provided by the Capital Projects Branch are normally only a part
of the funds which the organization will require to complete the
building of the facility, the Grievers do prz::iEe a valuable zdviscry
service concerning other sources of funds that might be available.
It is necessary at this stage for them to reach some conclusions
concerning the financial lriability of the project, although the
regional financial staff is also involved in this process. It
appears to us that once the project has been approved their
position becomes considerably more that of co-ordinator than that
of advisor and they are responsible to ensure that the construction
of the project continues in accordance with established standards.
They have little or no in-olvement in operating the facility once
it has been constructed or in the actual obtaining of other forms
of finance to supplement the covernment gia-.rs. The maximum
salary for the position appears to be apprc:<ima:ely $32,000.30.
‘,,
:
;.:
- 21 -
The role of the Grievance Settlement Bczrd in deali-
with classification decisions has been dis~cussed znd to scme
extent clarified in a significant number of recent cases. It
involves the Board in a two-step process, the first step being
to decide whether or not the Grievor is properly classified and
the second step being whether or not, assuming tha answer in :he
first step is no, the Griei70r‘miqht bet:er be classified in the
classification sought in the grievance.. With respect to step
one, the inquiry is into whether or not the Grie;zr is rctualiy
p,erforming the duties set out in the, jch description which
reflects the class standard for the cla.ssificatic:. Thus in
normal cases the class standards are the absolute standard and
if the work of‘the Grievor falls within the.apprcpriate standard,
that ends the matter. Occasionally evidence is Led that other
persons who are differently~classified are doing substantiall:
similar jobs.to that done by the Griever.. This is often led
to support the claim that the Griever should.be classified in
the same way as those other persons. ?s has beer. suggested in.
some awards, this evidence is most relevant.to the second step
of the procedure, assuming the Grievor is not doing wo,rk with3
the relevant class standard.
A number of the classification decisions deal with
what could be called Atypical positions such as zhe one in question :.
here. Atypical positions'are ones which do not really fit within
any classification. With respect to z.i.e Grievorz the &:ldence of
Penny Keel, Manager of Personnel Policy for COMCZ.2
- 22 -
was that t;ie CD0 series into which the Grievors iere place: :;ds
not totally related but did have some elements ci their wor:i in
it. There were enough similarities in the class series tc x?.at
the Grievers did that she chose it. As she ind::ated, Aty;izal
sit-ations occur when positions, duties and respansibilitias
differ significantly or the degree cf skill or :::owledge req.2ired
differssignificantly from the class standards. Sf a very 5~11
nc5er of Feople are doing a job which does not appear to fi-
cr:;erly h%thin any class series, rather than de.:elop a ne:;
class series for that number,the "least inappropriate" class
series is chosen. In the case of t?e Grievors +.ey are apparently
twc of apizroximately 50 employees in the province who are ir. the
saze boat and up until now the Ministry has not been prepared
to develo? a separate class series for them. I: has also been
pointed out in various awards such as Hooper (S:an) 47/77 =?.at
where the Griever is in an Atypical classificat:on, perha?: more
1a:itude should be given to the Grievor when assessing the
appropriateness of the classification. Thus when looking tc
ancther classification to see if it is more appropriate, rather
than cornoaring duties,which will ncrmally fail zo show a fit, one
wo.:ld compare by analogy.
The real complaint of the Grievors ir. this case Ls tha:
ths selection of the Community Development Class Series was an
err3r. E.zch of the evidence given at the hearing concerned the
Tezbnical Consultant Class Series and the posirion of Tec?..r.ical
Ccr.su1tar.z 1 which the Grievers felt was a morb appro?riazz
c?:ssificstion cf their duties.
-
- 2; -
:
:: :.
-/
‘7..
t
that because the Grievers worked with some of -he s,ar.e agexzies
or groups for whom the CD0 series xas designed and because zhere
were some general similarities in the type of work dcne by rhe
Grievors and by those for whom the series was Sesigned, thar: this
was the most appropriate or to pur it inmore realisric texs the
"least inappropriate" series.
We feel that a significant factor in the selec:i:n
of the CD0 series was the fact that the Grievers were workxg
with mady of the same 'community crga,nizations as those for whom
the series was designed. The function of those within the ~series
is clearly to act as a local advisor and catalyst tom comnxity
groups to promote. cultural activities of varic.;s kints. T?.e
suggestion of the employer is that because these cultural activities
would take place in facilities, ,the construction of which LFIS
co-ordinated by the Grievors, thar therefore t:?e Grievors ';ere doing
similar work. We have some doubts -about th.is proposition. At
its most general it may be.true but it strikes us as not unlike
suggesting that because a lawyer and a-law librarian both deal with
law b.ooks that therefore they so similar work.
/ A general description cf what the Grievers do is
that they are involved in helpin people obtain grants to build
buildings. They are involved in the administration of these grants
on an intimate level; Thus the Frimary focus of their acsivities
seems to be in the'provision of f.ands and suFsrvisicn of :‘ne
expenditure of these funds one behalf of the gzvernment. tome class
series which deals with this financial activi:; ads c;~osei to
providing a cultural stimclus wo,:ld seem to--a to be a mcrz
L
- 23 -
The firs- - step then,is to decide whether OL' T.;: the
Community Development Class Series is an appropriate 3.1.2 . tlssrly,
if the series is aoprcpriate, because the job descrirticn rat:hes
what they do,then they are properly classified withi:. z1:a.t serves.
It was not suggested that they should be classified 2s 3~33.
Evidence of Penny Keel k'as that she would normally hzve cless:fied
this position within the Technical Services grouping. It k’5.e her
view, however, the: there were not appropriate class series xl-hi.?
that grouping to cover the Grievors. She then 1ooksZ Ln t:?s
Administrative Services qrou?ing and fou:nd that it ~2s
difficult to find what she considered to be the apprsoriate ilass
series. One of the ways in which she chose the Car?.--nizy 2e:-tloiXent
Officers Series was by looking at the preamble of the series to see
what sort of work it covered. Looking at the prearble set c.2t
above it is clear that the series is designed for ;?o;le k'hc
provide cultural stimulus to community organizations. The
organizations are, to some extent, the same organizations as the
Grievors deal with and the Grievors do provide leadership ar.2
advisory services to these groups in the context of arolying for
major capital grants. To some extent the Grievors are invorolved i.?
the investigation and evaluation of community resources and facil-
ities but only to the extent of being part of a team hhich assesses
the financial viability of a proposal. The only ;rrt of the
preamble which comes closest to what the Grievors do is the
sentence which reads as follows: "They also arrange ior th.r ore- I I , vision of financial assistance in the form of grarzs". It ‘<as :KE
evidence of persDnr.el fro:, the Classifications Brz:c?
1
- 25 -
appropriate series. Frc:. the point of view of occupationally
related jobs, as we have suggested, some job involved in the
provision and administration of finances seems to be the .,
more appropriate one.
The job to which the Grievors claimed tc be more appro-
~oriately compared was in the Technical Consultant Series. Evidence
:zas given at the hearing from two persons who had occupied the
position of Technical Consultant 1 (TCl) which the Grievors claimed
in their grievance. The gimary focus of the Technical. Consultan:
Series is in the stimula:.ion of economic growth LT. the province
through financial aid of Tiarious kinds to private industry. The
Technical.Consultant l'.s, who are required to have qualifications
similar to those possessed by the Grievors, have a considerable
degree of responsibility fn the screening and approval of applic-
ations for financial aid under a number of different provinciai
programs. We were impressed by the degree of financial respon-
sibility required to be shown by TCl's , and with the extent to
which these persons were, reguired to independently and actively
. investigate the financial management of the applying agency. The
TCl's review a.number of applications during the year and appear
to be each involved in between 20 and 25 approved applications.
They seem to us‘to have considerably more responsibility for
financial decisions in the sense that more independent judgment
is req.Jired,than that ex5rcised.b: the Grie\.ors. This is not to
- 26 -
suggest that the Grievor's do not have a requirement to exercise
significant financial judgment but it is clear that the Grievers
do work as a >a:t of a team which includes area and regiona:
personnel.
It k'as suggested that the Technical Consultant Serves
was designed for persons in the Ontario Development Corporarion
and that there is only one other employee in the provincial
government whc is dcing a somewhat similar job (in the Natural
Reso.Jrces zrez! who falls lcithin this series. Leaving aside for
the moment the fact -hat the clients of the Technical Consultant
personnel in the ODC normally are somewhat different than those
seen by tke Grievors, it does seem that on a general compar:son
at least the sort of involvement of the Grievors in the obtaining
Of financial e.ssistance and in supervising its expenditure is
quite similar to that of the TCl's. The difficulty with the TCl
classificatioz however, is that the degree of responsibilit:
exercised by those in the classification is higher than that
exercised by the Grievors.
As stated earlier the function of the Board is tc
decide whether the Grievers are doing work within the CD02
classificatio n, and if not, to decide whether they are within a
different classification claimed in the grievance. As a result
of the recent case of Brecht, (1882), 40 OR (2d) 142 it is clear
that in classification matters the Board does have a fairly wide-
ranging cower to go outside the particular classification In which
the Grie.:ors ire fo,:nd, to seek an appropriate one. It dcrs not,
- 27 -
however, Eeal with the meaning of Article j.l.I.(b) of the
Collective Agreement which limits the Board t: "finding that
the Griever would be properly classified in t:-.t job classification
which he claimed in his grievance." Thus, ii z classific:zion is
sought outside the one in which the Griever is found, the lioard
can deal with it. The aoard does not see.- tc ?.a:re the po~zr to
search abo.:t through the entire cias'sificatic:s system of -he
Ontario government, to find a proper fit.
;:'e are fully satisfied that the Srie--1:s are not z'roperlh
classified as CD02's, and so declare. Ccmpar:r.g the t.;ork Zone
by the Grievors with the class standards for :?e Technical
Consultan; Series by analogy, it seems tc us :?.at the: fit
properly within that series. We are not satisfied that th.5 TCl
classification, the lowest in that series is z;propriate. The
best solution to an apparent impasse seers tc -s to be th;: the
parties be directed to meet to prepare an appropriate classification
which recognizes the lesser respcmibilities rktting qon z:le
Grievors, and that this Board remain seised :i the matter.
DATZD AT London, Ontario
this 11th day, of July, 1983.
P.G. tiarto?., Vice Chairnan
2200
2400
F.D. Co,lloz, Xember