HomeMy WebLinkAbout1982-0231.Stapley.82-09-22231182
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE CRIEY ANCE SETTLEMENT BOARD
Between:
Before:
For the Griever:
For the Employer:
Hearing: june 22, !5’82
OPSEU (Nancy Stapley)
and
Griever
The Crown in Right of Ontario
(Ministry of Industry and Trade)
Employer
Ron Ianni, Q.C. - Vice-Chairman
Harry Roberts - Member
Paul Craven - Member
Paul Cavalluzzo, Counsel
Golden, Levinson
Barristers & Solicitors
Jennifer Inderwick
:Manager, Staff Reiations
Personnel Branch
{Ministry of Industry and Trade
,i, -2-
This is a classification grievance arising out of the classification
of the griever, Nancy Stapley, as Clerical Stenographer 3 for the northern
Ontario Development Corporation, (N.0.D.C-1 SU~U~Y Office. The grlevor has been
employed by N.O.D.C. in Sudbury since November 10, 1975. At that time she was
claskified as a Secretaxy3 and remained in that classification until
November 9, 1981. In Farch of 1977 and over the next four
years, she questioned her classification as a Secretary 3, however she
received no satisfactory response to her queries. Then,, in a grievance
dated October 15, 1981, she grieved that her classification as Secretary 3
was an improper classification and requested that she be classified as
Secretary 4. Subsequent to the filing of the grievance on November 9, 1981,
the'grievor was informed that as a result of an audit which had been
conducted by.Janet Keith, of the Ministry's personnel branch, her job was
reclassified at the Cl&.cal Stenographer 3 level. At this point it became
apparent that both the griever and the employer were ad idem that the classifitiation
of Secretary 3 was an improper' classification given the griever's job
responsibilities.
Given the sequence of events and the authority of The Grievance Settlement
Board in classification procedures as set out in article 5 of the Collective.
Agreement, it is important to establish which classification the griever is
grieving, i.e., secretary 3 or Clerical Stenographer 3. Article 5.1.2 states
as follows:
"in the case of any grievance filed under the above
section (classification procedure)the khority of
The Grievance Settlement Board shall be limited to:
a) confirming that the griever is properly classified
in an existing classification, or
b) find that the griever would be properly classified
in the job classification which he claimed in his grievance."
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It was agreed by the parties that the classification of the griever as
Secretary 3 was inappropriate, and that the griever was claiming that her
proper classification was Secretary 4. Management submitted, although it
was not agreed to by the counsel for the griever, that evidence of Clerical
Stenographer 4 was relevant. The Board agreed that it would be prepared
to listen to evidence regarding the Clerical Stenographer 4 position but
would reserve its position as to the weight to be given to that particular
evidence.
The revised job description for the griever resulting from an audit of her
job sets out in some detail the summary of her duties and responsibilities.
She is expected to supply secretarial and clerical support services to the
Manager of Loan Applications, N.O.D.C. and to tko technical consultants. The
technical consultants, deal with loan applications and assist in the processing
of the loan arrangements for the applicants. In, the past there have been.three,
technical consultants in the office but this was reduced by one in.1979. From
.
the rather lengthy list of duties described in the job description akd by
the griever herself, she is responsible for inter.alia answering the telephone, --
for acting.as receptionist and setting up appointments, and for transcriptions
from dictaphone and shorthand. In addition to responsibility for correspondence,
she is also responsible for responding to oral and written queries on loan
applications, procedures and general information about the operation of the
office. She would be entirely alone in the office for four or anre days of the
month and would be~with only one other person for approximately another ten
days. As derived from the grievor,'s position specification and class
allocation form; the summary of her duties and responsibilities with an
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.,.
,.
indication of the percentage of time spent on each significant function,.
is as fOllOwS:
1. Provides secretarial and clerical support services by:
- Typing reports, memoranda, correspondence, submissions, etc.
mainly from handwritten copy. and oticasionally from shorthand notes.
Incumbent advises the consultant(s) of any errors/omissions contained
in handwritten material, and may obtain correct/additional information
from files/records, etc. Substance of matter is of a finance nature.
For reports and submissions the information differs, but a basic format
is adhered to. A high degree of accuracy and a general knowledge of
ODC programs, is required because of the financial and legal implications
of errors.
55%
- Receiving and logging incoming mail; scanning content, making
notations or attaching additional information from the office files for
mail addressed to consultants; retaining general correspondence and
correspondence pertaining to clerical functions for own use; forwarding
correspondence to appropriate official in Head Office when consultants
are absent from the office and an urgent response is required; redirecting
unrelated correspondence to appropriate Branch/Section within the organization
- Logging and distributing for mail or courier service outgoing mail.
- Receiving and relaying telephone mess~ages.
- Assisting consultahts in preparing month-end summaries. of active
cases by: preparing lists of new cases issued during themonth, and those
which have changed status during the month. (Incumbent obtains information
from incoming/outgoing mail. records, drawing files and extracting pertinent
information i.e, application received date, approval for study etc.)
Verifies summary tota&.
- Preparing enquiry record monthly report. Incumbent extracts
information from interview reports made up by consultants during the
p&iod. Report indicates name, location, project location, loan purpose,
loan type and amunt, disposal, reason for refusal (if applicable) and
date of visit. If interview report is. incomplete incumbent obtains
clarification from consultant.
-. Maintaining an imprest fund of up to '$500. On receipt of invoice/
statement prepares voucher and cheque for consultant's signature, logs
payment in ledger and maintains balance of account. Peepares summary
_ of imprest account monthly and statement for replenishment of account for
consultant's approval prior to forwarding to Accounts Section, Head Office.
- Maintains a supply of postage stamps ($50-$75 per month).
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2. Maintains office records by performing the following tasks:
L Recording consultants' appointments on desk calendar.
- Recording monthly meter reading for Xerox machine; completes
caird and forwards to xerox for billing.
_ &cording number of telexes sent by NODC by destination, date,
.location, etc. and each month fomards copy of record to Head Office for
,certification against billing; maintaining an activity ledger of
submissions prepared for quick reference to case StatUS.
- updating progress reports in case files.
_'
_ Maint$.ning record of outgoing long distance calls,~ and forward
ml~y.to Head Office for comparison with billing at mnth end.
3. Maintains a comprehensive filing system, which includes:
,. 5%
- Establishing new case files and general files on own initiative
or from instructions from consultants.
- Maintaining,a cardex system on case files with cross-references,
under company name, location. contacts.
:
4.. ~~Parforms an adminis?Fative sticport function by:
30%
- Responding ,(either orally or in writingj'to inquiries of a '&era1 "
nature.. Incmbent normally perform this function when the consultants
are unavaileble.~ This may 'involve providing general brochures on N.O.D.C.,
pr,ogr- and~!nak+g the appointment for the inquirer to meet with one of
the consultants. Inquiries other than those of a general nature (eg.
specific loan applications, requests for financial assistance) are referred
to a consultant. If a consultant is not available, the incmbent'refers
the inquirer to Loans Application Branch at Head Office. Because of the
confidentiality of loamsubmissions, the incurbent is required to exercise
tact and discretion in providing information. The need to maintain
confidentiality also limits the amount of information that can be provided.
- Responding to routine correspondence on own initiative or from brief
verbal/written instructions from~consultents (e,.g. requests for brochures,
application forms, appointment with consultent3, applications for employ- .
merit). Internal correspondence is usually sent under own signature,
external correspondence under signature of consultant.
.
- Preparing itineraries end required letters for consultants' monthly
interview trips, en&ring all necessary reservations for board, room and
overnrght accommodation are confirmed; arranging for placement of adver-
tisements of "interview days" with ad agency; ensuring consultant has
sufficient application forms, brochures, enquiry records, etc.
- Co-ordinating work activities with Head Office Personnel (e.g.
advising manager that submissions, data sheets, reports, etc. have been
forwarded in mail where deadline warrants, following up if acceptance/
rejection of loan offer has not been received; resolving discrepancies/
problems with imprest account; Providing information and documentation
on case files).
5. Performs other tasks such as:
5% ‘.
- Operating and ensuring proper maintenance of Xerox, telex machines;
distributing telexes.
- Ensuring adequate stationery, supplies, brochures are maint&ned.
- Training temporary staff in office procedures,, etc. and on operation ':
of Xerox and telex machines.
- Maintains a set of keys to the office end filing cabinets, ensuring
files are unlocked at commencement of business and locked at close of
business.
- Ensuring that office equipment (typewriter, calculator) is kept
in good working order. l
In completing the detailed Position spe&ification, the incumbent is also
expected.& have th‘e~ following knowledge/skills, judgment, initiative and contacts:
Xnowledge/Skills
Thorough knowledge of normal office procedures; ability to type
to Civil Service Commission standards; ability to take shorthand;
interpersonal skills to deal effectively with clients, head office
personnel and the public. written communication skills, to respond to
routine correspondence. General knowledge of NODC programs to respond
to inquiries. Ability to absorb substance of typed material end the
work of consultants to identify errors, omissions, to provide information
to Heed Office when consultants are unaveileble, and to take initiative
.in providing administrative support services.
Judgement
Judgement is exercised in: precising end/or clarifying information
from interview reports for inclusion in inquiry record report. (e.g.
interview report - Feels that company A will injure company B -
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incumbent under "Disposal" on inquiry record report clarified statement
to - Feels that company A (financed by NODC) will injure company B;
ensuring there is no duplication of payment invoices re imprest account;
handling and responding to general inquiries, ensuring that no
confidential information is yiven.
Initiative
Initiative is exercised in: followi~ng up on overdue responses (e.g.
acceptance/rejections of loan offers); responding to telephone inquiries
(e.g. advising out of town inquirer when consultant will be in their
location and suggesting they arrange for an appointment); obtaining
relevant information from inquirier for consultant to call them back,
meeting deadlines. Initiative is also exercised in the disbursement of
~mail.
contacts
Personnel at head office (accounts section, loan administration,
loan disbursement, manager's director's office) to co-ordinate w&k
activities. Members of the public, lawyers, M.P.P.'s, other government
officials, re general inquiries, local stationery suppliers, office
equipment maintenance personnel, courier personnel, advertising agency.
The Board was presented with a detailed description of the class standard
for clerical, typing, stenographer and secretarial class series. Of special
relevance are then follaring preambles for each of these series:
.
Clerical.Stenographer Series - 5 Classes
This series covers positions which require shorthand (or speed-
writing) land or dictaphone and typing'to Civil.Service Comm2ssion
standards.in.combination With a Significant element of clerical work.
Allocation to the various levels within the series is based on the
complexity of the clerical work and degree of responsibility assigned
to the incumbent. Normally, the fourth and fifth levels cover
supervisory positions,~ and the third level covers group leader
positions; however, non-supervisory posit$ons can also be included
at any of these levels. The clerical duties involved in these
positions vary widely in both type and level. Although individual
clerical duties may be comparable in level to those found in positions
in corresponding Clerk, General~classes, the total clerical function
is generally somewhat lower. A small proport=f the employee's
time may be spent in Operating office appliances. .(EMPHASIS ADDED)
: ,:
Secretarial Series - 5 classes
This series covers positions of Secretaries to one or more
administrative officials. Receptionist duties , personal contact work
and relieving the SuPerVisor of administrative routines are characteristic
of these positions. -Some clerical functions, e.g. minor record-keeping,
checking expense claims, processing mail and filing are commonly found
as incidental duties. However. where the clerical work is substantial
and present to a significant degree, the position should be assessed
against the Clerical Stenographer or Clerical Typist Series. Although
elements of supervisory responsibility are mentioned at the 4 and 5
levels, if such a responsibility is a significant and important part
of the position, it should be assessed against standards within other
series.
Ability to' type at Civil Servide Cormnission standardsis a requirement
for secretarial positions. Dictation is taken by shorthand, speed writing
.and/or dictaphones. Allocation of individual positions to the various
levels within this series is based on an assessment of the judgement
and initiative required as indicated by the degree of delegation in
such areas as composing correspondence, dealing with enquiries, arranging
appointments, and exercising judgement in handling matters during the
supervisor's absence. (EMPHASIS ADDED)
The followi~ng are the class standards for the Clerical Stenographer 3
and Secretary 4 positions.
Clerical Stenographer 3
This class covers positions of employees who take dictation in
shorthand or speed-writing and/or dictaphone and transcribe letters,
memoranda, reports and other material and perform varied semi-routine
clerical tasks according to approved procedures or special instructions.
They are responsible for independent completion of somewhat complex
clerical work performed'according to established precedents involving
contact with other departments or the public through correspondence
composed by themselves. They are, however, required to refer doubtful
matters not covered by precedents'to their superiors. In some positions,
they train and supervise a small subordinate staff in routine clerical,
stenographic and typing duties.
Much of the work of employees in these positions is reviewed only
periodically, principally for.adherence to policy end procedures. Errors
in their work could result in loss of time, duplication of effort and
some inconvenience to the public. They are responsible for maintaining
good working relationships in all contacts with other employees end the
public.
They prepare reports, simple statements and memoranda requiring
judgement in the selection and presentation of data. They, being
responsible for following up errors or omissions, review and verify a
variety of documents t0 ensure conformity with established regulations
and practices.~ Inother positions, they periodically summarize end
balance entries to original records, investigating discrepancies end
making needed corrections.
Skills and knowledge: Initiative in organizing and completing work
assignments: good knowledge of statutes, 'and requlations,pertaining
to work assignments: ability to direct the work of others.
(EMPHASIS ADDED)
secretary 4
Employees in positions allocated to this class are normally
&perienced secretaries to senior officials. They receive a minimum
of supervision, and maintain the office routines during the super-
visor's absence. In addition to taking dictation by shorthand or
speed-writing and/or dictaphone, they are expected to absorb the
substance of the dictated matter and apply this knowledge when
.independently answering more routine inquiries.
These employees perform a receptionist function involving important
personal contacts, receiving.visitors, and dealing with their inqtiries.
When necessarf, they arrange appointments for their supervisor, usually
without prior KmSUltatiOn.
. They open end distribute incotiing mail, retaining routine matters
for their own attention, and attach appropriate files and past corres-
pondence to the mail forwarded to the supervisor.
They set up end maintain filing systems and perform minor
clerical duties such as checking expense accounts and 'posting information
to simple records. They may supervise one or two junior clerical
or stenographic staff by assigning and checking work.
Skills end knowledge: Thorough knowledge of office procedures; tact
and good judgement, 1nitiatiVe; ability to deal.with the public.
(EMPHASIS ADDED)
. . . . ..~
In classification matters'the requirements of the position, not the
qualifications or achievements of the incumbent, are the determining
factors. Nonetheless, recognition must be given to the griever's ability
and experience in carrying out her duties and responsibilities.
The griever carefully described,a.s the sole witness for the union, the
work she did at the Sudbury office of N.O.D.C. She was expected to provide
secretarial, clerical end administrative support services to the technical
consultants at the sudbury branch office. There were three technical
consultants until 1979 and since that tizse there have been two technical
consultants. The technical consultants deal with loan applications and make
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arrangements for the eventual granting of the loan. The griever confirmed in
her testimony the performance of the general duties and responsibilities set
out in the position specification and class allocation form. 1"~ the Sudbury
branch office she was, in fact, the only support person and carried out
general secretarial services for the consultants and clerical support services
as well.. She did have, on occasion, some supervisory responsibilities with
regard to temporary secretarial staff in the form of two women on standby in
the Government of Ontario temporary services. In addition, in the summer time
she had acc&s to two summer students and supervised the work of these students
approximately two days per week. The griever's testimony also described in
somewhat less detail, the work of a Mrs. Genevieve Chaput, classified.as
Secretary 4 and working for the Ministry of Tourism and Industry, in the same
general office area some ten to fifteen feet away.
MX. C. A. Woods, the griever's immediate supervisor $nd Manager for
Loan Applications testified that the position'specification and class'allocation
form for the griever correctly described the griever's assigned duties. He
also indicated that she Was a, good employee and that he had direct knowledge of
what the griever did and what was expected of her. While the Loan Applications
Manager was located in Toronto he did travel to the Sudbury office once every
two months. Mr. Woods also indicated that field offices such as Sudbury were
established in order to bring the operations Of the corporation closer to the
borrowers. The technical consultants were in the field to interview the
perspective borrowers and to inform individuals of the services that could
be provided by the corporation.
The panel was greatly assisted by the testimony of Miss Janet Keith,
manager of Personnel Services and Classification since November of 1976.
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In August of 1978 she also became a resource person for classification
in the Ministry with responsibility for recommending government-wide policy
and for the review of contentious positions. In 1979 she was seconded for
a period of seven months to serve with the Civil Service Commission for the
Office and Clerical Services Classification Project. Miss Keith described,
in some detail, the three main systems used in the Ontario Public Service
for the evaluation of positions. She also gave a very thorough and detailed
explanation of the FzXeSS~fOllOWed in aXXiVing at the classification for
the griever as well as the general considerations in the matter of classifi-
cation. She readily conceded that the area of classification .was not a precise
one and that in many instances there is an overlap between classifications.
The object of the exercise is to find the best fit - i.e. work performed to
class standard.
She indicated that in the typing stenographic occupational group there
were four class series; typist, clerk-typist, clerk-steno, and secretarial.
In summary Miss Keith testifigd that her decision to allocate the griever
to the clerk-steno series was based upon the significant element of clerical
work performed by the griever. This is a clarification on the general method
used for-the position evaluation. Miss Keith indicated that the majority of
the bargaining unit positions were classified using the grade description
system. That system is a type of position evaluation that compares each
position as a whole to a pre-determined standard or guide. She detailed
once again the- method in evaluating the position by grade description.
including category selection, occupational group selection, class series
selection and class level selection.
The evidence as presented to ,the panel requires our assessment as to
the degree of secretarial and clerical services provided by the griever
when compared to the class standards, both for Secretary 4 and Clerk Steno~3.
In returning to the position specifications and class allocation form
and the relevant class standard, we find some difficulty in reconciling the
specifications with the standard for ClerkSteno 3. In the position
specification the emphasis is clearly on secretarial and clerical support
services and the administrative support function. We refer here specifically
to paragraphs 1 and 4 which have a rating of 55 and 30 percent respectively.
The paragraphs above form the basis of the employer's decision to move the
griever from the'secretarial to the clerical steno stream. However, the
position specification does go further than the class standard and in the
event of a conflict the class standard must prevail. The class standard for
Clerical Stenographer 3 quoted above refers to responsibility for "independent
completion of somewhat complex clerical work performed according to
established precedents~involving contact with other departments or the
public thro,ugh correspondence composed by themselves.' However, when compared
to the position specification and class allocation the griever only assists
consultants in preparing month end sums&es of active cases by preparing
lists of new'.cases issued during the month and those which have changed
status during the month. Accordingly, this raises some doubt in our mind as
to the appropriateness of the fit in this case. Nor is there anything in the
position specification and class allocation form which corresponds to the
class standard in Clerical Stenographer 3 requiring good knowledge of statutes
and regulations pertaining to work assignments.
in our view there is a much better fit in the class Standard for
Secretary 4. Employees in this class "are normally experienced secretaries
for senior official" and are expected to have "a thorough knowledge bf office
procedures: tact and good judgment; ability to deal with the public."
Once again, on a careful examination of the standards for Secretary 4,
and for Clerk Stenographer 3, 3 in our view the better fit for the griever's
position is Secretary 4;
In addition, this panel cannot overlook the uncontested evidence which
indicates a close coincidence in the actual work performed by the griever
to that of her~colleague, Mrs. Chaput, who works in close proximity to the
griever. The griever had an opportunity to discuss with Mrs. Chaput her
work duties and responsibilities and compared them to her own. She was
quite candid in revealing that there were some differences in that ~rs.
Chaput did not maintain a petty cash fund and did not open mail. Sut for
these differences, it was indicated that the positions were practically
identical. It has been argued that the griever's work with N.O.D.C. was
no less responsible or onerous than that performed by Mrs. Chaput. when
viewing the work performed by the griever in her present position, viewed as
a whole, we conclude that the class standard for Secretary 4 is the best fit.
Indeed given the main focus of her duties, we are satisfied that the secretarial
class service is the appropriate one.
, The authority of this board to reclassify a position is found in both
the Crown Employees Collective Bargaining Act and Article 5.1.2 (b) of the
Collective~Agreement. Accordingly, if the board finds a position to be
improperly classified, it may order that the griever's position be
reclassified as requested. The approach taken by this board in classification
cases is exemplified inSeals and Cain 30/79 (Draper). In the oft quoted
passage from that case, the Vice Chairman stated:
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"It is well settled that in position classification cases
the board must direct its inquiry to the questions,
first, whether or not the work actually performed by the
employee is that set Out in an appropriate class standard
and, second, whether or not he is performing work
substantially similar to that being performed by an
employee whose position has been placed in another
classification. In the first instance the employee!s
work is measured against class standards and in the
second, it is measured,against that of an employee in
a position that has been differently classified. The
purpose is to establish either that the employer is
conforming to its classification standards or that, in
effect, the employer has modified those standards." (p. 12)
Having directed OU inquiry to those specific questions, we find that the
griever's position is improperly classified as it is not placed in the
highest classification in the system hierarchy to which her work entitles
her when measured against class standards andagainst the work of an employee
who is in a related classification. Accordingly, the grievance is allowed.
our award is that the position actually occupied by the griever and classified
as Clerk Stenographer 3 is to be reclassified Secretary 4 and the griemr is
to be compensated at the apppcable rates as and from October 15, 1981.
(OPSEU (Smith) and Ministry of ConmUnity and Social Services, 237/81 (Barton).
DATED at Windsor, Ontario
this '22nd day of September,.lY82.
U
Harry Roberts
Paul craven