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HomeMy WebLinkAbout1985-0316.Anning et al.86-09-09lELEPHoNEl rr.9/599- 9999 0316/85 IN THE MATTER OF AN ARBITRATION - Under - THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between OPSEU (Arming et al) - and - Grievor The Crown in Right of Ontario ‘(Ministry of Transportation and Communications) Employer Before For the Grievor: , For the Employer: Hearings: J.W. Samuels Vice-Chairman J.D. McManus Member D.P. Olsen Member P.A. Sheppard Barrister & Solicitor 595 Bay Street K.B. Cribbie Senior Staff Relations Officer Human Resources Branch~ Ministry of ‘~Tran<pb?tXti% ~a”d Communications April 30, 1986 July 10,. 1986 DECISION There are six individual grievors whose cases are being heard as one. They are Enforcement and Court Services Clerks in the Licensing and Control Branch of the Ministry. They are classtfted as Clerk 4 General, and they grieve that this is inappropriate and that they should be classified as Clerk 5 General. When*a law enforcement agency, or a member of the general public, or someone from the Ministry or another government department, needs to know whether a driver or vehicle is properly registered in Ontario, they come to the grievor-s for a search of the records. And if it is necessary to produce Ministry driver or vehicle records in court, the grievors appear as expert wltnesses to glve evidence on the policy, procedures and PraCtlCeS ol the Ministry and to attest to the authenticity of driver and vehicle certified documentation which is produced as evidence. Appearing in court is their most Important work, and they Spend a great deal of time preparing for court (discussing matters with the officers or others who require the evidence, doing the searches, and so on). It is not exactly clear how often they are in court. Apparently the six grievors and one other person were in court a total of 81 times in 1.985; but Ms. M. Bothelo, one of the grievor% was in court six times In April 1986 alone. In any event, both the grieVOrS and management agree that this is their most important task. Until roughly three or four years ago, this kind of work was separated. into two ‘sides’. There was a drivers side, and a vehicle side. Now, the two are amalgamated, and the grievors must know both registration systems intimately. In’early 1985, a Position Specification was prepared for the grievor-s’ job by their supervisor, Ms. M. Abreu. The grievors’were asked to comment on it, and various changes were made. As well, a few small changes were made by the’ciassification department after consulting with Ms. Abreu and getting her approval. This Position Specification describes the Purpose of 3 position, Summary or DutleS and Responslbfltties, and Skills and Knowledge Required to Perform the Work, as follows: !. Purpose of Position Wny ao- this c-ariacan ain? Sxat* w*ls. oDi*ctIv** l 1c.l To provide'driver an&vehicle record searches to law enforcement agencies, the general public, and ministry snd government.officials; to appear in court as a ministry representative to attest to the authenticity of submitted trial documents. I. Summary of duties and rsspauibilitiar t~nhw wc~nt~~~ 01 tima soant on ush signiflunt tunclion. ~ndiuts reoo.. awiwwnt. working son~ichn~. ““mu.4 ‘“NI” e8c.a 1. Performs a variety of respcmible clerical duties with minimal supervision by performing such tasks as: - appearing as a Ministry representative giving sworn evidence on behalf of the Cram and 5% solicitors for court cases requiring driver and vehicle records; - preparing certified statements or copies for court presentation; 2 retaining original documents for safekeeping while waiting to appear as a witness G attesting to the authenticity of documents; - identifying, to the ccurt, relevant sections of the Highway Traffic Act and regulations ~ and ministry poUcies and procedures; - ensuring accurate information is cm record, as the vrong'person being charged would caus - inconvenience to the public and embarrassment to the Ministry; - recdcmending changes and improvements to the supervisor on the driver and vehicle system aad procedural amendments wherever applicable - i.e. office, .branch, issuing‘offices, driver ex+natioa centres, courts, etc. 2. .Responds td search requests from th8'police; lawyers, government agencies, cram attorney aad courts by-Sail, telephone or in person by: - searching and empiling written, documentary and sworn evidence regarding licensing sad 35% control and history of motor vehicles registered in Ontario; e.g. originals, convictions and suspensidns,' etc.; - checking accuracy of information provided and if incorrect, obtaining correct data from requestor by telephone or letter; - revieving request for which there is no record and entering correct data into driver or vehicle computer systems; antpring overnight search requests for computer-produced searches using driver license number, vehicle plate number, V.T.N., name or WN number; - maintaining daily statistical data on output processed for government. law enforcement agencies, lawyers, etc; - using judgment and decision making skills in resolvving driver and vehicle registra- / tim record problems v&ch vary from the standard practices and procedures,,i.e. resolving reqtiests involving 2 driver records for same drier (note: unresolved requests are referred to &coup leader). . 3. Retrieve bard copy of source documents (other than medical) from microfilm, microfiche, manual files for driver license, driver control, motor vehicles and prepare for mailing by: - obtaining bard copy and verifying against source documents; - inspecting for errors, i.e. omissions, transcription or'keying error; t 30% ; matching snd screening of computer-produced search.with input documentation; - assisting ti securing specific documentation fdr complex cases and identffykrg - discrepancies; i.e. old suspensions not on system, proper qwoer not shown in sequence on vehicle searches,fictit.fous dates, etc. i , 4 - sevfeving documentation for certffication’by examining records and signing Bpprovaf for entry Into computer system - forvarding m+tcrfal to group leader for final examha- tion and signing (not&: one day/ every tvo weeks, work is examined end signed . by position peers). - ensuring CertFfication process is complete by affixing the Ministry seal to all documents needed for couti.purposes and forvard to requesters; - other duties as assigned. 4. Skills and knowledge required to perform the work ~SW~ adycaan. wnin~. wa~i.nc~ UC.I Xesponsible clerical erperiance. Good interpersonal skills. Sound workfng bzotiledge of- Driver h Vehicle recordpracricesd $+cediiresand Hfghvay Traffic Act and Regulations. Ability to communicate orally and in writing using a clear, courteous and tactful menner. Be prepared to travel and present a neat summary of appearaace ia court while presenting Ministry records. Ability to operate computer terminals. Ability to work with mtiimal Supervision. In preparation for our-hearing&the grievors collectively Wrote a further draft PositiohSpecification, Which theysaymoreaccurateiy describes their job. It reads: . . 2. -Purpose of Position: To provide driver and vehicle record searches (computer and microfilm copies1 to law enforcement ,agencies, general public, and government agencies (municipal, provincial and federal). To appear in court as a ministry representative and as an expert witness, without benefit of counsel, to give evidence on the policy, procedures and practices of M.T.C., and to attest to the authenticity of driver and vehicle certified documentation produced for court evidence from the records of M.T.C. 3. Summary of Duties and Responsibilities:. 1. Performs a variety of responsible clerical duties with minimal or without supervision by performing such tasks as: - appearing as a Ministry representative and giving expert evidence on policies and procedures, giving sworn evidence an behalf of the Crown and/or defence in court cases requiring driver and vehicle records: - searching and preparing certified statements or evidence for court presentation; i ’ 50% 5 - retaining original documents for safekeeping and continuity (care and control of Ministry's file) while waiting to appear as a witness attesting to the authenticity of documents: ,; identifying; to the court, relevant sections of ministry policies and procedures involving inter- pretation, explanation and application to the facts before the.court; - *providing the court with the M.T.C. interpretation and application of federal and provincial legislation and,regulation (e;g. The Hi hwa Traffic Act and The Young Offenders Act ----f+ - ensuring accurate information is on record, as the wrong person being-charged would cause inconvenience to the public and embarrassment to the Ministry: - recommending changes and improvements to the supervisor oti the 'driver and vehicle systems and procedural amendments wherever applicable - i.e. office, branch, issuing offices, driver examination ‘centre&, courts1 etc. 2. Responds to search reques;s from the police, lawyers; government agencies, crown attorney and courts by mail, telephone or in person by: 5 25% - .- searching and compiling written,documentary and sworn evidence regarding licensing and control and history of motor vehi‘cles registered in Ontario: e.g. originals, convictions and suspensions, etc.; determining the accuracy of information provided and I if incorrect, obtaining correct data from requestor by telephone or correspondence: reviewing request for which there is no record and entering correct data into driver vehicle computer systems: entering overnight search requests for computer- produced print-o,uts using driver license number, vehicle plate number, V.I.N., name or RIN number: maintaining daily time accounting on input and output processed for government, law enforcement agencies, lawyers, etc.: using judgmentanddecision-making skills in resolving driver and vehicle registration record problems which vary from the standard practices and procedures, i.e. resolving requests involving 2 driver records'for same driver, directly with the clients: 6 i giving clients functional advice as to how to resolve driver record or vehicle registration irregularities. 3. Retrieve hard copy of source documents (other than medical) from microfilm, microfiche, manual files for driver license, driver control, motor vehicles and prepare for mailing by: - obtaining hard copy and verifying against source documents; i 15% - inspecting~for errors, i.e. omissions, transcription or keying error: - matching and screening of computer-produced search with input documentation, and certifying accuracy of same ; - .securing specific documentation for complex cases and identifying discrepancies: i.e. old suspensions not on system, proper owner not sho~wn in sequence .on vehicle searches, fictitious' dates, etc. - reviewing driver licence suspension documentation for certification by examining records and signing approval for certification or driver licensing suspension for endorsement; - ensuring certification process is complete by > affixing the Ministry seal to all documents needed for court purposes and forward to requestors. ( 4. Adding in the development of a new photo Identification driver's licence system to be implemented by M.T.C. on 5% February 2, 1986, and evaluating possible systems to be introduced in conjunction with this program. 5% 5. Other duties as assigned. 4. Skills and knowledge required to perform the work: Responsible cle~rical experience. Good interpersonal skills. Sound working knowledge of Driver and Vehicle record practices and procedure and The Highway Traffic Act and Regulations. Ability to communicate orally and in vriting on an individual and personal basis, using a clear, 7 courteous and tactful manner. Be prepared to travel and present a neat summary of appearance in court while presenting Ministry records. Ability to operate computer terminals. Ability to work with minimal supervision, and to be fully accountable for actions. Ability to operate an electric seal machine. While th& are some differences in emphasis and percentages between the two position specifications, in our view, they are not critical. In essence, the job remains the same. The records systems are al,most entirely on computer, and the policies, procedures and practices are set out in a number of manuals. The : grievors are experts.on these systems. They did’not design the systems. Thei db n’at formulate policy and they do not tnterpret poltcy except to the extent that the Ministry’s interpretation is set out in a manual or has been explained by a supervisor or by management in some other way. But they can make the systems work, and they can explain the policies, procedures and practices in court. They have to know where their work fits in to offences under the provincial Highway Traffic Act and other legislation; and federal legislation such as the Criminal Code. They must understand the circumstances under which they are allowed to release information concernlngyoungoffenders. For the most part, the grievors work without supervision, either because they are now so familiar with the records systems, or because they are In court and there is no supervision there. But in the office there is a group leader, and Ms. Abreu, and on occasion the grievor-s will ask for advice or assistance. It seems clear that the grievors would be responsible if they erred in their evidence in court. I I Now, are the grievors approprtately ClaSSifled as Clerk 4 General? The Class Standard’reads: XLASi D.EFINll’ION: Elnployees in positions &located to this class perform a variety of responsible clerical tasks requiring a good background knowledge of specific regulations, statutes or locsl practices. Decision-making involves judgment in dealing with variations from established guidelines or standards. Nonna.7.lp, employees receive specific instructions only on unusual or special problems as the work is performed under conditions that permit little opportunity for direct supervision by others. Matters involving decisions that depart radically from established practices are referred to super- visors. Tasks typical of this level include the evaluation or assess- ment of a varietp of statements, applications, records or similar material to check for conformity with specific regulations, statutes or administrative orders, resolving points not clearly covered by these instructions, usually by authorizing adjusrments or reconanend- ing payment or acceptance; supervising a smdl group of “journeyman clerks” or a larger group of clerical assistants by eqlaining proce- dures, assig@g and checking work and maintaining discipline. . z QULIFICXTIOKS : 1. Grade 12 education’or sn equivalent combination of education, training and experience. 2. About four years of progressively responsible clericd exper- ience or ah equivalent combination of experience and higher educational qudifications . 3. Abilitytoc omnunicate clearly both orally and in writing; ‘ability to instruct and supervise the work of subordinates. Because the Standard uses many general terms, such as “a aood background’, it would’be useful to look as well at the one for Clerk 5 General: I , 9 . . ‘. CI..A.?,s &‘INI&: hployecs in ,positions allocated to this class perform respons- ible c1crica.l work requiring detailed knowlcdgo of a body of regulations, statutes or local practices, together with a thorough undcrstacding of the objectives of the Fork unit. Dtcision-xaking involves judpent in the interpretation and application of policy or administrative directives to problems where the intent of a.xisting instructions is obscure in spec- ific cases. This frequently necessitates rrorlifying work processes or the developrent of ne*:/ methods. Although the work is carried out with a large degree of independeacc, it is reviwed for consistency of de;ision-making. Difficult tcchftical quostious, or those involving polity detcrr3nation are referred ta supwvisors. Tasks LDical of this lcvcl include responsibility for a signifi- 1 cant non-supervisory, clcri coJ., or clerical accouccing function involving the interpretation, e.xplanation and cpplication of a phase of departmental legislation or regulations and requiring the ability to nake acceptable recosrcendstions or provide fuucticnal advice; supctising a group of. ~journe)mn clcricsls perfor3& 0 clerical duties of varying con:plexity or a smallor group engaged tiul more specialiced uork by planning, assipiq and reviewing work, deciding priorities\ maintainisg produztion levels pnd carsyin,o~rexponribillN zor t2e toca psrros~ce 0J 616 L&L. 1. Giado 1‘2 education, or an equivalent combination of education, training and experience; preferably completiou of additional training such as related correspondence and university exten- sion courses; thorough l&owledge of office practices and proce- dures , 2. About six years progressively responsible clerical experience or an equivalent combination of experience ,and higher educs- tion. 3. Ab5.U~ to evaluate the effectiveness of clerical procedures and staff pcrfocscncc; ability to supervise the work of other cmployccs ; a bility to intcrprct regulations snd ins:ructions tiito proccduras and practice; ability to Drcpare efiective correSpondaxe, ins tructiorls and reports. The first sentence for the Clerk 4 speaks of ‘requiring a g!& background knowledge of SPeCifiC regulations.......‘. This Is to be dlstinguished from the ‘detailed knowledge’ required by the Clerk 5. The grievori do need a ‘detailed knowledge of the rules, regulations, policies, practices and procedures. 10 The second sentence of the Clerk 4 Class Definition speaks of working within ‘established guidelines or standards’. This contrasts with the Clerk 5, who must make judgments ‘where the intent of existing instructions is obscure in specific cases.: In other words, the Clerk 5 must step out on hts or her own. There is not always available the security of a clear standard or guideline. In our view, this is a critical distinction between the two levels, and the grikvors fft clearly within the Clerk 4 Definition. The grievors perform tasks which are described-as well’ in the.Clerk 4 Class Def lnl t Ion---’ evaiuatlon or assessment of a varfety of statements.....records or similar material to check for conformity with specific regulations, statutes or administrative orders, resolving points not clearly covered by these instructions”. This contrasts with the typical tasks of the,Clerk 5, Which include ‘interpretation’ of the legislation or regulations, and ‘the ability to make acceptable recommendations or provide functional advice”. In our view, this means thzt the Clerk 5 is ‘to interpret material which is not clear and must be able to recommend a course of actlon or provide advfce which wfll enable a functional application of the obscure provision. The grievors do not do this. When we look at the Qualifications required, again the grievors fit well within the Clerk 4 standard. The Clerk 5 requires the ‘ability to evaluate the effectiveness of clerical procedures’, ‘to fnteroret regulations and instructions into procedures and practice’ (emphasis added in both cases). ‘The grievors do not have to be able to,exercise the kind of judgment required by the Clerk 5. The grievors take the clerical procedures as given, and they work with regulations and instructions which are clear. They do not have to exercise judgment to interpret material in order to come up with procedures and practices. The procedures and pract.ices are set out for the grievors in the manuals and other documentation. in argument, counsel for the Unfon placed a great deal of emphasis on .the fact that.the grievors rriust stand alone under oath in court and give _’ 11 evidence concerning the Ministry’s policies, piZtlCeS, anCl procedures. In our view, this doesn’t change the nature of their job. In effect, the grievors are required to explain what is clearly set down in a multitude of manuals and other documents, and what is done in the office. They are not called upon in court to give evidence concerning matters which are not to be determined according to clearly established standards and guidelines. The court setting may be fearsome, involving exposure to cross-examination by experienced counsel, but the subject-matter itself is no different from What the grfeVOrS meet In the OfflCe. i In sum, in our view, the grievors are appropriately classified as Clerk 4 General. Apart from the fact that they do need to have in their grasp as much knowledge as Is required by the Clerk 5, the level of judgment exercised, and their typical tasks are squarely within the Clerk 4 General Class Definition. . Finally, a.brief comment concerning the Class Standards for these two l&e&’ Mention was made ol ‘the fact that they were both last revised In 1963, and that they ought to be changed In light of passlng time and new technology. At one and the same time, these standards have to be general enough to cover thousands of positions, and yet be specific enough to allow a dlstfnctfon between the two levels. In our Hew, the exlstlng Standards are finely drawn and continue to perform well this awesome dual task. 12 The grievances are ulsmlssed Done at London, Ontario, this 9th day of SepCedX?~, 1986. w. J.aSamuels, Vice-Chairman J. 0. #Manus, Member // / -.