Loading...
HomeMy WebLinkAbout1984-1109.Watterworth et al.85-09-13IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: OPSEU (G. Watterworth et al) Grievor - and'- The Crown in Right of Ontario (Ministry of Transportation and Communications) Employer Before: R. J. Delisle Vice-Chairman S. Dunkley Member H. Roberts Member For the Grievor: N. Roland .... Counsel Cornish & Associates Barristers & Solicitors For the Employer: D. W. Brown, .Q.C. Crown Law Office - Civil Ministry of the Attorney General Hearing: July 17, 1985 ., DECISION The grievors complain that they are improperly classified as Purchasing Officer 1 and maintain that they deserve to be reclassified as Purchasing Officer 2. It was agreed that the grievor Springay's duties would be examined and compared to the class definitions for fit and that the other grievors would be bound by the disposition of his case. The class definitions provide: Purchasing Officer, 1 Class Definition: This is elementary procurement work performed under immediate supervision in a departmental purchasing unit. Emphasis in the positions is primarily on training for higher level purchasing ,duties and employees are limited as to the variety and quantity of materials, supplies and-equipment with which they are concerned. Assignments are received from.higher level purchasing officers and results are checked for adherence to.standardkzed purchasing routines and. quality of judgment displayed in making preliminary selection? These employees may supervise a small group of clerks and typists engaged in clerical work directly related to purchasing operations. They are required to maintain effective working relations with departmental personnel and with a number of suppliers, salesmen and manufacturers' representatives. Characteristic Duties: .~. Reviews purchase requisitions covering a~.limited variety of materials, supplies, articles and equipment for accuracy, completeness and properauthorization. Under supervision,..obtains price quotations from catalogues and from suppliers by telephone, personal interview or correspondence; prepares spreads on a basis of information received and makes comparisons ~for price, quality, descriptions and delivery dates: determines the best and most economical purchase and prepares order for submission to superiors for confirmation. - 2 - As directed by superiors, carries out routine preliminary to tendering and contracting for major purchases of equipment and services. Instructs clerical staff on routines pertaining to the recording of purchase requisitions and orders. Interviews a variety of salesmen and manufacturers' representatives to obtain information on prrce, ,quality and characteristics of supplies, .,:. equipment and materials related to the work assignment. Purchasing Officer, 2 .,. Class Definition: This is responsible technical procurement work requiring considerable knowledge'of specific commodities, standard purchasing methods and material inspection techniques. Responsibilities in these positions pertain either to purchasing a variety of materials, supplies and equipment in a medium-sized department or to large-scale,~p,urchasing of specific categories of items in a large department with specialized requirements. In these latter positions which are characterized by less varied responsibilities, employees are in charge of procurement in quantity of such commodities as cement, steel, hardware, furniture, clothing material and equipment. All employees in this class receive general supervision from purchasing officers of higher/ level or from administrative officials who confirm decisions involving heavy expenditures or marked departures on kind and quality of material or purchasing methods employed. Employees in this class may supervise a small group of subordinates performing the more routine aspects of departmental purchasing operations. They are required to develop effective working relationships with departmental personnel and with suppliers, salesmen and manufacturers' representatives. Characteristic Duties: As a specialist in a designated line or as a departmental purchasing officer, confers with branch officials on purchasing requirements, obtains complete descriptions of items required, and ensures purchase requisitions are properly authorized. Submits complete and accurate details to suppliers on material required and obtains price quotations and related data on quality, discounts, Andy - 3 - probable delivery dates; upon receipt of information from vendors, analyzes data on a basis of immediate requirements; places orders or submits recommendations for purchase to superiors if necessary. As directed by superiors, carries out standard routines preliminary to tendering for purchase of supplies and equipment, supervises the preparation of spread sheets, analyzes information, and makes recommendations on placement of orders. Personally examines and approves quality of materials received in accordance with specialized knowledge of lines of merchandise; expedites delivery of goods in accordance with terms of contract for purchase. Supervises subordinates assigned to checking, typing and recording duties: instructs on work methods '.and reviews completed assignments to ensure conformance to routines. Interviews salesmen and manufacturers' representatives to develop new sources of supply and to obtain information on new types of material, quality and price data; prepares a considerable volume of correspondence to obtain similar information. The grievor has been classified at the Purchasing Officer 1 level since February 20, 1984. The grievor purchases equipment: small tools such as hand-saws and weed-eaters to repair parts' like motors and transmissions for large pieces of equipment such as trucks. He needs to know where to -purchase, prices, availability and quality. He talks with technical representatives, pursues catalogues, and attends trade shows. He noted that there are some suppliers designated by head office but' they also maintain a local suppliers list. He testified that under normal circumstances he doesn't need to go to his supervisor but that rather the supervisor is simply "there for advice if I need it . . . my supervisor will intervenes if I make a mistake or if. I have a problem". He noted that his supervisor does not check each individual order but that copies of all - 4 - orders are handed in to the supervisor. Inmost cases purchases are effect&by form (Exhibit 5) which will be issued following a requisition from an authorized individual. The grievor receives the requisition either directly from that individual or from his supervisor. The grievor signs the purchase order, arranges for delivery and is responsible for expediting. He also effects "purchases" by a Central Stores Requisition;~ i.e. warehouse, or by Internal Request, i.e. purchase from a sister branch. In ~. ..certain instances when the commodities are outside the branch's dollar values: the purchase is made by,Head Office Requisition. His own dollar value limits are noted by memorandum, Exhibit 6. He deals directly with suppliers and often negotiates with them for better prices. When items are received he checks'them to ensure that they are what were ordered. The grievor testified that he would at times give instructions to the driver of a pick-up truck. and also to a clerk-typist. When warehouse employees came in for training as purchasing officers he would give them direction. He spoke directly with the Equipment Supervisor and Warehouse Supervisor and tried to keep them up to date on markets, products, and prices. The grievor has taken a number of courses in purchasing, inventory control, transportation and research and receiyed certificates therefore from Mohawk Community College. A'~' e. At the beginning of the grievor's cross-examination, counsel for the ministry proposed to show a document to the grievor. Counsel for the grievor objected noting Article 5 Of '.he Collective Agreement: 5.1.3 The Employer upon written request either by the employee or by the Union shall make available all information and provide copies of all documents which are relevant to the grievance or may be used by the Employer in the presentation of the case before the 'Grievance Settlement Board. Counsel for the grievor noted that he had requested in writing the production of all documents relevant to the grievance or which might be used by the Employer and that the documents produced in response had all been filed. Counsel for the Ministry was asked for an explanation as to why the objected document had not been forthcoming and he was at a loss to explain why. He speculated that it was inadvertent. To give effect to the above provision we ruled that he was not to be perm itted to introduce the document nor to ask the grievor questions concerning it. In cross-examination the grievor was taken through the Class Definition for Purchaing Officer 2. Regarding knowledge of "material inspection techniques" he testified that he inspected-. %. some of the items received but only inspected them in the sense that he ensured the description on the item received matched the description of the item ordered. The maintenance man doesn't normally ask for the grievor's advice as to whether the part requisitioned will do the job but rather the grievor'checks if the.requisitioner has the necessary authority. With respect to Purchasing Officer Z~employees being "in charge of procurement". he allowed that his supervisor was responsible and for telephone inquiries,ttie supervisor's signature was necessary. The Class definition states that "Employees in this class may supervise a . 5 -6- small group of subordinates"; the grievor allowed that he "supervised no one" though he would occasionally give directions. Under Characteristic Duties "AS a specialist (he) confers with branch officials"; the grievor testified he talked with other supervisors. With respect to "tendering for purchase of supplies and equipment" the grievor noted he was very seldom involved in wr~itten tenders. Regarding "supervision of spread sheets" he testified that he didn't do that. Regarding "personally examines and approves quality" the grievor allowed that he didn't do that as he was "not .quality control". Regarding "prepares a considerable volume of correspondence" the grievor testified that he did not do that. John Fearns, the grievor's supervisor, described the grievor's duties from his perspective. He noted that he worked in close physical proximity to each of the grievors. He regarded the grievors as experienced, efficient, and reliable in carrying oyt their duties and that there was little needed in the way of daily supervision. All routine matters went.through them and he was available to deal with any problems. With respect to the telephone tendering engaged in by the grievors he, the supervisor, made the final approval on the forms completed by the grievors. He allowed that sometimes he'd sign his approval after :.:F'the fact but in the large majority of cases he'd know and approve in advance. There was frequent and regular contact between the supervisor and the qrievors with checking on procedures being followed. He, Fearns, did the written tenders that were. necessary. He, Fearns, prepared the spread sheets. He would do --l- statistical studies on the purchases made. He, Fearns, was in constant, daily contact with the various supervisers. If there were problems they came to him and he in turn would follow these up with the grievors. He noted that there was a great deal of repetitiveness in purchasing and much of the grievor's work was routine. At the time of the grievance Fearns was classified as a Purchasing Officer 2. Fearns was taken through the Class Definition and Characteristic Duties. "... ensures purchase requisitions are properly authorized"; "I do that." "Submits complete and accurate details etc."; "I do that on written tenders." "I do spread sheets and supervise the same." 'I supervise subordinates." "I instruct on work methods." "I review completed assignments.? Greivor's counsel states that our task is to determine which class the grievor fits better. It is a pure factual question. There are obviously some common duties between the -lasses. We have no hesitation in finding that the grievor is properly classified, and even adopting his language, he fitSthe Purchasing Officer 1 classification much better than the Purchasing Officer 2. The grievor obviously has great expertise and.initiative but the duties demanded of him are.those described .in his existing Class Definition and Characteristic Duties/ -t3- Dated this 13th day of September, 1985.