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HomeMy WebLinkAbout1986-0611.Sturch et al.88-01-07IN THE MATTER OF AN ARBITRATION v""lhrder THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE.GRIEVANCE SETTLEMENT BOARD Between: OPSEU (Sturch et al) Grievor and The Crown in Right of Ontario (Ministry of Attorney General) Before: J. Forbes-Roberts J. Anderson D. Wallace Vice Chairman Member Member For the Grievor: S. Grant Counsel Gowling and Henderson Barrister.s and Solicitors For the Employer: J. Mid'eo Staff Relations Officer Human Resources Branch Ministry of the Attorney General Hearing: October 15, ,1987 Employer SC - -. 1 1 f This matter involves six (61 identical grievances. At the relevant time the grievors were classified as Court Reporters I (Atypical). They seek reclassification to the grade of Court Reporter II. Three of the grievors gave evidence about the nature of their duties. One of the other three (3) had unfortunately died prior to date of hearing. The grievors performed court reporting functions predominantly in what is known as P.OA. court’ (Provincial Offences Act Court). Some had exposure to Municipal By-Law court, Family Law court and Crimmal court Ah of the grievers used the ‘open mike’ system of recording. That is to say, they did not use the more traditional method of Xtenomask recording’. The primary difference between the two methods is that under the open mike system obviously an actual tape of evidence, submissions and ruhngs is produced. This is later converted into a typed transuipt Under the steno- mask system a transcript of what the clerk m is produced. Particularly when in P.OA. court, the reporters have additional ‘clerical’ cc~~ duties. They must summon the judge, read the Information to the accused, and perform various duties traditionally associated with court clerking, ie. marking exhibits, handing the documents to the judge, etc.. On a typical day a Court Reporter I would pick up the documents relevant to the day’s proceedings, the microphones, tape machine and microphones. He or she would then -set up’ the court room, ensuring that the mikes were placed in the most advantageous positions. Through out the course of the various proceedings the Reporter keeps a written log of who is speaking so that when later kanscribing the tape comments can lx attributed to the cormctperson. At all times, even when performing the clerical fun&on, the Reporter is expected to be monitoring the tape. i The Class Standards for Court Reporters I and II (appended hereto as I’ Appendix A and Bkere put into evidence. It is perhaps worthy of note that they were last revised in 1968. Indeed both the P.OA. court and the open mike method of reporting came into existence long after the Standards were created. The job of Court Reporter I (Atypical) was reviewed in early 1986, producing a position Specification and Class Allocation (-Job Spec.‘) with an effective date of March 1, 1986 (Appendix C). The employer called one witness, the individial who performed the .job audit and subsequently authored the Job Spec. Thr grievors agreed that they had had input into the actual description of their duties, however they were apparently not con- sulted regarding the percentages of time spent in the performance of each of these duties. According to the grievors they spent eighty (80) to eighty-five (85) % of their time performing -reporting’ versus ‘clerical’ functions. Under cross- 3 examination the employer’s witness agreed that foremost in her mind when assessing the job Court Reporter I (Atypical) as apposed to Court Reporter II were three (3) factors, first, the method of reporting, second the clerical functions associated with the I position, and third the Job Specs. We have no doubt that the job audit was conducted in good faith. And indeed it is managements right and obligation to classify positions. However management may become trapped by tradition. We turn our minds to the two considerations. voiced by the employer’s witness. First, we consider the methods of reporting used by the Court Reporters I and II. One uses open mike, the other uses stenomask. The object of both methods is to produce a written record of a 1egaI proceeding. Both methods succeed in achieving this object We find the dis- tinction between them to be without a difference. Second, we consider the Verical aspect of the Court Reporter I job. The employer describes approsimately,fifty (50) W of the job functions as ClericaL The evidence was that at best ten ( 10) to fifteen (15) % were per- haps of a clerical nature. We do not find the minimaI clerical functions performed, if indeed they are cIericaI, to be determinative of the matter. Finally, we turn to the Job Specs.. They ,are quite simply put outdated. In addition; were the two documents untitkd it wouId be virtually impos- sible to tell which was Court Reporter. I and which was Court.Reporter I I. There is, in short, so little petween the two so as to make it virtwtfy impos- sible to distinguish them. In Iight of the fact that we find a distinction without a difference between the two (2) gradings, we find that the grievances succee& The grievers are awarded the position of Court Reporter II effective twenty (20) days prior to their respective grievances, withthe attendant remuneration. The Board will remain seized in the event that the partieshave difficulty with the implementation of this award. DatedatTOrO!itQthiS 7th dayof January ,198'8 UL\h D. Wahace - Member 7 .‘..,., ,.I~. .: (,... ‘. :.: - i, i. i c APPENDIX A COURTREPORTER 1 , 00482 GLASS DFXNITION: This is the entry level classification for positions of court reporters who nuke verbatim recordings by shorthand, stenograph machine or stenomask, ‘of court proceedings ia Magistratc~s C.ourzs, Juvenile and Peaily Courts end Count or District Courts:. &ployees cover sessions of a.variety of courts taking verbatim all pmoeeding.9 inoluding teslzlmony bf witaessos, argments of codel, Judges1 5nstructious and other matters prtinent to the record. They read back proceedingg, in court when reqtiirad and they provide typewitten trsnscripts or swmcarics of proceedings as taquested. TheJi also~attend inquests and 6xtadnationo for discovery for the purpose of taking pro- ceedings verbatim. Theyaake mcodings under codrtroom conditions, z-e- scare lmouledge of ‘legal and technical tenainology, and they must be’ able to speak CraarIy aud distinctly. These employees may also carry out secretarid. duties for the Judges or other clerical work for the courts. This ii the the pFoceedings at temiaal class for employees uho.ncord verbatim eaaainations for discovery but do not record regular court proceedings. Such employees must spend at least 50% of their time recording and transcribing 42zrdnation for discovery proceedings. QUALIi?IGATIONS : ? 1. Gade 12 education and preferably a certificate from a commercial or business school. 2. Ability to record in shorthand or by’stenograph machine at 120 words per minute 3 completion of a ateaomask course and ability to record by stenomask at a speed of 250 words per minute. 3. Ability to type at a speed in excess of 50 words .per minute. 1. Ability to speak clearly and distinctly; personal suitability. , APPENDIX B 00484 COURT REPORTER 2 CLASS DRFINITION: This is the fuU workbg level for positions of akilled court reporters making verbati& recordings by shorthand, stenograph machine or stenomask, of proceedings in,Uplstrate’s Courts, Juvenile and Family Courts and County or District Courts. These employees cover sessions of a Parietp of courts, td+g verbatim all proceedings including test$mony of witnesses, arguments of counsel, Judges? instructions and~all other matters pertinent to the record. . They read back proceedings in court when required and they make typewritten transcripts of court proceedings as requested; These employees also attend inquests. and aamiaations for discovery for the puipose of taking verbatim records of proceedings. They have a ,broad knwledae of court procedures and the legal req uiresmnts for full sad complete records. They produce sustained and accurate high speed recordings under courtroom conditions~utilizing a thorq@! knowledge of legal snd rechnical tenainolo~. Eaployees may carry out secretarial duties for the Judges or a minimw of other clerical duties. ‘L. QUAJ.IFICATIONS: 1. Grade 12 education and preferably a certificate from a cosnnercial or business school. 2. Ability to record in shorthand or stenograph machine at a speed of 150 words per minute g by stenomask at a speed of 250 words per minute. 3. Ability to type at a speed in excess of 50 words per minute. 4. At least one years’ experience as a court reporter. . -. : 8’ . i --r h~wbent~! H. SQith; P. Sturch .,. I I I -m* -top 2 I - I - sdwwfsor. court 5ewfccs I - - ?mmmd~mdDlb*DI)IIId To act ss Courtrow clerk and verbatim court recording uonitor-atr'?wincial Offences cuurt as aasignd. . ! Dn*lndnWdml~r~nDlCdra;ra~~?-arnPpdan~tm~airrl 'Under the general direction of the supervisor, Court Services, incmbent: 1. Perform cour'mw clerk mod tort recordtog mnttor.duties out of cowt by: og -preparing the'necersary~fnforoatlon and documents for court opening by: % -pi&iug up Informations and cslcndars frm appropriate office; -checkfng the accuracy of infofmations and ensuring subpoenre we properly attached; rdate stamping the informations; -fi))fng In rcqufred infomatfon on calender fag. Judge's naue. Crown Attorney's naix, etc.) and checking all naues rppear on docket, notlng,add-ons as necessary; -preparing court for opening; : -after sessfon fs over, photocopying calendar and distributing docuwnts to varfoui depprtsaents; -cogleting tiue and statistlcal~reports; -indexing and filing the court r(ocrds (cassettes, logs and daily court lists); -providing transcripts of court proceedings on request, wrtifylng accuracy of transcripts es court reporter (ROTE: transcrfpts noratally prepared on fncuedwtts mm time.); -ensuring efficient opcratfon of 'all recordfng and transcribing wchinery by perfOrJfng routine mintenance and ainor repafrs, advtsing supervlsor If additlonal repairs are required; -answerfng public mqufries. either personally, by correrpondence or by telephone, regarding-dispositions. trauscripts.~etc.; -ziaintaining a *bring-forward. file for tranrcrlpts for appeal and ensurfng tha: Sai.% are livered to appeal office prior to court’date; -co;apleting court reporters statistics at wnth end, photocopying~and fo;varding S&X to couit reporters' supervisor; Icontinued overleafl wun~ha*dg~lda.pr(ornJobn(uP*orfdnl*rLlInQoomnbt4~~atmol.n~~*' Excellent typing skills (atfnieua 50 u.p.u.); achanical aptitude to opera;? court record% iySten;,high standard of English gr-r and spelling; good knaledge of legal and technlca) :erms and court procedures; ability to speak clearly and distinctly; good organizational ikllls; tact, lnftlatfve and dfscrction. SlmmEn -a- m wt Reporter 1 (Atypical) ): ',. i i I. Ic,~tinuedl -r3llectidy h:ail frax cow; repur~iuis' office daily, and distri,,l:iu! sa.,:e, c!lecking cu~i dx:cets to ascerraiil appropriate r?porle:; -ensuring tapes are recirculated and logs destroyrd, etc. a; appropria:? ii&, accordin! retention requirei.len:s. 3. Perfonx caabined in-court clerk-monitor duties: 4Liz -calling Justice of the Peace or Judge; -officially opening, recessing and adjourning court; -maintaining court decorm; -arraigning defendant and recordirig plea: -recording dfspositfons on lnfomations. also notfng adjournments; -stamping back of infumatfons and entering naue of Cram. Counsel, clerk. etc.; -verifying ent;ics on court calendar; -;*eaciq !n iii:~~assas. fnterpraters; -filling out required funs; e.g. remand slips, interpreter requests, seizu:? slips, pay;*aents slips, warrants and probations orders; -raquesting interpreters as required using intercom: %larking exhibits and forwarding to correct departwent; -operating electronic tmnltorlng equipimt to record the Court's proceedings includiu, testirmy of witnesses argments of counsel, Judge's instructions and all mtteis perLit :o the record and moni:orfag same by headphone; -in:erjecting in court proceedings when necessary to clarify statements and to ensure t! voice volwae and speed are adequate for clear recording and transcription; -playing back in court at the direction of the Judge, proceedings previously recorded; -keeping a running log of proceedings by noting identity of persons rpeciicg and any perlinen: data; e.g. Ilcence numbers, tiraes. dates, cases and quotations, eic., accordii to the nlbnberical'calibrator.~ 4. Perfonas other duties, by: 10% -prepare court amftors' monthly schedule; notify&g clerks and repwterr deparwents c: any last rdinute changes; -iaafatain stock of supplies, requlritloning for saw; -travel to tletra area courts to act as court clerk-emitor in accident or by-law cowis ,'a.., f;&: _.~_ -:diated-duties as assigned.