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Home My WebLink About1986-0113.Samis et al.89-05-25ONTARIO EMPLOYES DE LA COLIRONNE i ._ CROWNEMPL*“EEs DE L ‘ONTARIO GRIEVANCE COMMISSION DE SETTLEMENT RkGLEMENT BOARD DES GRIEFS IN THE HATTER OF AN ARBITRATION Under TEE CROWN EUPLOYEES COLLECTIVE BARGAINING.ACT Before GRIEVANCE SETTLEMENT BOARD Between: OPSEU (Samis et al) Grievor - and - The Crown in Right of Ontario (Ministry of Transportation & Communications) Employer 3. Forbes-Roberts Vice-Chairperson J.D. NCManus Member M.F. O'Toole Member For the Grievor: J. Mosher Counsel Gowling & Henderson Barristers & Solicitors I For the Employer: K. Cribbie Staff Relations Advisor 'Human Resources Branch Ministry of Transportation & Communications Rearings: August 13, 1987 January 27, 1988 -2- :. At the time of these grievances Messrs. Samls, Whitlock, Stepen and Van Dan Hogan vere employed as Senior Title Processors in London, Ontazlo. They vere classified as Clerks V, General. They seek re- classification to Clerks VI, General and a comensu- rate pay increase up to the date of their reclassification under the O.A.G. system. The Union relies solely on the class standards or vbest fit" test. The Class Standards for the General Clerical Series are attached as "Appendix A". The grievors are all employed in the Ministry of Transporta- tion's (v the Employerv) Property section in the Engineering and Right of Way branch. Some also perform various duties for the Planning and Design section. The majority of their duties pertain to the acquisition and disposition of properties related to road construction in the province. This involves title searching, conveyancing, preparation of certain documents pertaining to expropriations and compensation agreements. The grlevors must have considerdble knovledge of several pieces of legislation, among them the Expropriation Act, the Registry Act, Land Conveyancing Act, and the Planning Act. They prepare documents for a multiplicity of proceedings under these Acts. The grievors do not supervise other employees and a Supervi- sor checks their ovn vork for accuracy and completeness. Complex legal questions are referred to a Regional Solicitor vho is nov based in Toronto. He or she visits the London office approximate- ly once per month. By their ovn testimony the grlevors do not perform edmlnls- tratlve functions. They report only on their ovn vork loads and have no involvement in budgetary concerns or the operational plan. An examination of the class standards for Clerk 5 and 6 general reveals that there is little to choose betveen the two. There appears to be no substantial difference in the quality or quantity of vork expected from the tvo. Both appear to vork vlth the same pieces of legislation tovards a common goal. One finds oneself attempting to drav a clear distinction betveen vords and phrases such as “detailedn and wcomplexw; "interpretation and application" and vanalyslsH. Degree of responsibility seems to be the one area in vhich there is a clear distinction betveen the Clerk 5 and 6 class standards. While both are expected to accurately perform extremely detailed functions the clerk 5's vork v . ..ls revleved for consistency of decision-making. Difficult questions, or those involving policy determination are referred to supervl- sors." (See Appendix A). The clerk 6's vork "...ls reviewed through standardised reporting procedures, principally to assess -3- the contribution Wade to branch as.” (~).(emphasls added 1. A second area of distinction is in the depth and breadth of knovledge expected from the tvo classlflcatlons. Land transac- tions are by nature finicky and detailed. Both from the oral testimony and the class standards themselves it vould appear that a clerk 5 must be able to interpret and complete a myriad of forms, often vlth the assistance of precedents. A clerk 6 must be able to provide ansvers not found in the precedents or any any other ready resource materials. We readily acknovledge that these grlevors are extremely competent and experienced employees vho may vell knov as much as an individual in the clerk 6 classlflcatlon. The question is are they reauired to knov as much, or to take the same degree of responsibility for their ovn work or that of others? We find that they are not We find that clerk 5 is the appropriate fit. The grievances are hereby dismissed. DATED at Toronto, Ontario this 25th day of May, 1989. I, J. Forbes-Roberts, Vice-Chairperson "I dissent" (dissent attached) J.D. McManus,nember -~-- :’ :i A pp& 4 CLERK 5. GENERAL - CLASS DEFINITION : bployees in positions allocated to this class perform respons- ible clerical work requiring detailed knowledge of a body of regulations, statutes or local practices, together with a thorough understanding of the objectives of the work unit. Dee ific cases. This frequently necessitates modifying work processes or the developent of new methods. Although the work is carried out with a large degree of independence, it is reviewed for consistency of decision-making. Difficult technical questions, or those involving policy determination are referred to supervisors. Tasks typical of this level include responsibility for a signifi- cant non-supervisory, clerical, or clerical accounting function involving the interpretation, explanation and application of a phase of departmental legislation or regulations and requiring the ability to make acceptable recommendations or provide functional advice; supervising a group of “journeyman clerks” performing clerical duties of varying complexity or a smsller group engaged in more specialised work by planning, assigning and reviewing work, deciding priorities, maintaining production levels and carrying responsibility for the total performance of the unit. QUALIFICATIONS : 1. Grade 12 education, or an equivalent combination of education, training and experience; preferably completionof additional training such as related correspondence and university exten- sion courses; thorough knowledge of office practices and proce- dures . 2. About six years progressively responsible clerical experience or an equivalent combination of experience and higher educa- tion. 3. Ability to evsluate the effectiveness of clerical procedures and staff performance; ability to supervise the work of other employees; ability to interpret regulations and instructions into procedures and practice; ability to prepare effective correspondence, instructions and reports. Revised, December. 1963 51010 CLASS DEFINITION: tiployees in positions allocated to this class perform specisl- ized complex clerical or sub-professionsl work which forms a signifi- cant part of the administration of the organization concerned.- Decision- making requires the analysis of complex problems in specislized clerical fields or arise from the supervision of a large staff where the volume, variety and complexity of the duties is extensive. Considerable judgment in the interpretation and application of a wide variety of regulations, statutes or practices is necessary to resolve these problems. The work is reviewed through standardized reporting procedures, principally to assess the contribution made to branch administration. - QUALIFICATIONS : 1. Grade 12 education, or an equivalent combination of education and experience; preferably successful completion of extension courses or similar training related to the work to be performed; thorough bowledge of the techniques of office management. 2. About eight years of responsible clerical experience, preferably involving some related administrative responsibility, or an equiv- alent combination of experience and higher education. 3. Sound judgment; ability to plan, organize and co-ordinate the activ- ities of a relatively large group of subordinates; ability to init- iate and revise procedures, and supervise the preparation of a variety of reports; ability to promote and maintain co-operative working rela- tionships . Revised, December, 1963 I IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPMYEES COLLECTIVF, BARGAINING ACT Before TBE GRIEVANCE SETTIEMENT BOARD B E T W E E.N: OPSEU(Samis et al and J. Flood) - and - The Crown in Right of Ontario .* . Grievors (Ministry of Transportation and communlcatlons) Employer Before: J. Forbes-Roberts Vice-Chairperson J. D. McManus Member M. F. O'Toole Member DISSENT OF THE UNION NOMINEE I find that I must dissent from the decision of the majority in this case. In my view, there can be no doubt that the grievors perform work of a "sub-professional" nature in the acquisition and disposition of properties for the Ministry of Transportation and Communications. In the private sector, this work is performed by lawyers or para-legals acting under the direct supervision of a lawyer. The Clerk 6 General class standard covers employees who "perform specialized complex clerical or sub-professional work". As indicated, it is' my view that the nature of this work is "sub-professional". I would not hesitate to find that it may also be characterized as "specialized complex clerical". The task performed by these individuals is not part of a progressively advanced form of "clerical" duties, but is rather of a very specialised and complex nature. There is nothing within the Clerk 5 standard which takes into account the highly-specialized and sub- professional nature of the work performed by the grievors. The majority finds that there is a distinction between the Clerk 5 and 6 standards with respect to the depth and breadth of knowledge expected from the two classifications. I would agree with the majority that land transactions are by nature "finicky and detailed". The grievors are required to interpret and complete a myriad of forms and they often do this with the assistance of precedents. However, it must be noted that the grievor& themselves prepare these precedents. Moreover, the grievors are required to provide answers not found in these precedents or in other ready resource materials. For the foregoing reasons, I would have allowed the grievance, and ordered that the grievors be re-classified as Clerk 6 General. 357. /?/? k- J. D. McManus, Member