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HomeMy WebLinkAbout1986-0691A.Gustafsson.90-02-19EMPLOY~SDEL4 COURONNE DE L’*N~ARm CPMMISSION DE SETTLEMENT REGLEMENT DES GRIEFS 691A/86 IN THE MATTER OF AN ARBITRATION Under TEE CROW4 EMPLOYBES COLLECTIVE BARGAINING ACT Before TEE GRIEVANCE SETTLRXBNT BOARD BETWEEN OPSEU (Gustafsson) - and - Grievor The Crown in Right of Ontario (Ministry of Revenue) M. Gorsky Vice-Chairperson I. Thomson Member H. Roberts Member FORTHE GRIEVOR N. Roland Counsel Cornish Roland Barristers & Solicitors FOR THE EMPLOYER D; Daniels Counsel Mathews, Dinsdale, Clark Barristers & Solicitors BEARING October 5, 6, 1989 7 DECISION There were a number of individual grievors whose cases were before us. However. by agreement of the Tarties. the only case that was proceeded with was that of Joyce Gustafson, anl her grievance was not to be treated as a representative grievanc? and / this decision will only affect Ms. Gustafson. The grievance states: "I grieve that I am improperly classif General (Field Services Clerk)" ied as a Clerk 4 The settlement desired is: "That I be reclassified as a Clerk 5 General :'ield Services Clerk) with full retroactivity in wages and benefits." Counsel for the union indicated that the claim for reclassification was based on a best fit argument and that 110 other grounds were being relied upon. Counsel for the parties also agreed that in the event that this grievance succeeded we were to remain seized of the subject of damages and interest. We commend the parties for having considerably shortened the time necessary to present evidence by fi!ing with us an agreed statement of facts (Exhibit 9) which is appended to th .s Award as Appendix "A". The Class Standard with wh ,ich this case is concerned (Exhibit 3) is part of the "Clerical. Typing, Stenographic and Secretarial Class Series". which inc i udes five cerles. The : 2 General Clerical.Series, with which we are concerned. is made c? of seven classes. In the “Preamble” to the Class Standard. there is a statement found at the outset: “KINDS OF WORE COVERED: These five series cover ali office positions and office supervisory positions that are not covered by a specialized clerical, technicai. equipment operating or professional class series.” The description of the Clerk General class series found in the preamble is as fol!ows: “GENERAL CLERICAL SERIES - 7 CLASSES: This ser.iet covers positions where the purpose is to oar-fern: clerical work entirely or in combination’ w i t :Y incidental typing, stenographic or machine operatin; duties. Where exclusion of the latter wou i pi significantly change the character of a position. -‘I where they occupy a large proportion of the working time, the position should be assigned to one of t?:e specialized classes, e.g. Clerical Typist. Posit ion.2 for which specialized clerical series exist. e.c. Clerk. Mail and Messenger. Clerk, Filing. etc. shoui,i not be assigned to this series. Group 1 eader responsibility normally begins at the third lrvei. while the fourth and above usually cover positions involving line supervision; however, non-supervisory positions can also be included.” In order to be able to do justice to the excellent and subtle arguments presented by both counsel. it is necessary to view these arguments in the perspective of each of t!Te classifications found in the General Clerical series. w’nich arcs appended to this Award as Appendix “B”. An examination of the duties of the grievor (Appendix “A” 1 in relation to the Clerk 4. General and Clerk 5. Gener5.l class standards demonstrates the difficulty of deciding whi,:h 3 class standard represents the best fit. Many .of the duties are found in either class definition. Our task is not made any easier by the use (no doubt necessary) of the somewhat abstract language defining the nature of the duties to be included within the classifications. Some assistance can be ‘obtained from such Exhibits as Exhibit No. 4. which contains, inter alia. the “Branch Service Policy” : In the “Statement of Agreed Facts” (Exhibit ci) consistent with the “Branch Service Policy”. The “Purpose of Position” identifies the significant service to, and education of. the public elements of the position. Counsel for the union, in reviewing the agreed duties. emphasized the following:A recurring theme found in the agreed description of duties is the incumbent’s responsibi 1 ity for direct vendor contact involving the responsibilities of furnishing explanation and interpretation to the public of aspects of The Retail Sales Tax Act (the “Act”). The emphasis is on one-to-one contact with those making enquiries. The activity is practical rather than theoretical and the public being served in the area of vendor permit applications is various in its attitudes, education and degree of sophistication. The grievor is required to elicit information and apply that ineormation in the interpretation and application of the Act. Interpretation duties also involve preparation of letters which might be 4 interpretive of the leg islation. The ongoing duty to exp 1 procedures to the public being served brings with it the fur t duty to provide follow-up explanations after an investigation a i i-1 her has been carried out. T??e duty to explain is also car:-ieci forward into the area of closing-out vendors. where the grie,ior 1s ,a!s.c law and poli required to explain and interpret the cy relating to the close-out function. iie were referred to the 3orcej cas+ 21/e:;, 12/84, :Izf’e,i (Verity). The Borqes case, was concerned with the ccilection of monies owing to OHIP. As in this case. the difference between the two class standards was “essentially a matter of degree of complexity of the assigned responsibilities or the degree of independent judgment required in the performance of %‘:>OSi duties.” (Boraes case. p.12l.At pp.12-13 of the Borqes case there are statements that was relied upon by counsel for the union: “The Board is of the view that it would be indiscrete on our part to review the methods and techniques employed by Grievors in the execution of the.ir job responsibilities. Suffice it to say that the position in quest ion requires a i arge measure of tact, sensitivity. aggressivness and firmness ir. addition to a detailed knowledge and experience 1 !-? collection procedures... . . . . Having considered the evidence carefully. we are satisfied that the Grievors perform responsible clerical work which requires detailed knowledge of legislation and local practices. Similiarly. the judgment component of the job requires the interpretation and application of p<,licy which in~~nives the development of new methods. T:::-.p work performed by the Gr ievors is carried out with 3 large mea:31:re of independence as is contemplated by the :?igher Class Standard. In addition, we are satisifed tin: the typical tasks performed by the Grievor-s require the interpretation and legislation, in part although many other _. . 5 explanation of department a 1 cular the Health Insurance Act. statutes, both provincial and . . . federal, are rrequently utilizea. ln summary. t!w Grievors perform job responsibilities which. in our opinion. fall within the Clerk 5 Genera! classification.” Counsel for the emp!oyer. while he did not take issue with the conclusion arrived at in the Borqes case, did take issue with the approach of the Board. Counsel for the employer noted that %he basis for the decision stated by the Board in the Boraes case was the Board:s comparision of the duties of the grievors with t he duties set out in the Clerk 5 General class standard. The errx- identified was based on the fact that there was overlap between the Clerk 4 and Clerk 5 General duties and that the Board failed to compare both class standards in the light of the duties whi’ch were core to the position. Counsel for the employer also pointed out that the Board, in the Boraes case, did not correctly . ’ represent the duty with respect to knowledge of legislation, etc. called for in the Clerk 5 General class definition. At the top of Page 13 in the Boraes case, the Board found that the grievors performed responsible clerical work which required: “detailed knowledge of legislation and local practices. ” Ti-e class definition in the Clerk 5 General classification states that employees in the positions require: “detailed knowledge of a body of regulations. statutes or local practices.” We do not regard this as being a significant difference, as legislation could include both regulations and statues. ? 6 Counsel for the employer also argued that the Board in the Boraes case also based its conclusions on a usage argument, comparing the grievors with the Ministry of Government Services. Collection Officers, concluding that the grievors. while they did not perform the same job as collection officers with M.G.S.: did perform a similar central core of duties. It shouid not matter that the grievors in the Boroes case might be found to have succeeded on both class standard and usage arguments. Nevertheless, we agree with counsel for the employer that in examining a best fit argument. it is necessary to examine the class series as a whole as an aid to determining the meaning of words within any of the classes within the series. Counsel for the employer referred us to the case of Lavcock 241/84, (Fisher). where reference is made. at p.3:to the Clerk General series as being set up on a “cant inuum of complexity”. In the Lavcock case, the grievor, who was employed as an in-province processing clerk at the Ministry’s OHIP facility located in Ottawa, claimed that she had been improperly classified as a Clerk 3 General and sought reclassification as a Clerk 4 General. In examining certain indicia in the light of the language of Class 3, “requiring a background knowledge of” and of Class 4, “requiring a good background knowledge of...“. the Board concluded that: 8, . . it is clear that the inclusion of in Class +-he word good I 4 implies that in order to Cl0 the job properly. something other than a background knowledge of the applicable policies and procedures are required. 7 It isvery clear from Ms Laycock’s evidence that in order to do the job as effectively~ as she does. which apparently she does extremely well, it is necessary to master a voluminous amount o’f material which has been previously listed. The material to be digested is certainly not of a straightforward pature as it ?bollnds with complex medical terminology. Therefore. <on this particular indicia it is clear that the c,ositicn properly fits within the requirement of the class 4 standard. ‘I Counsel for the employer noted that the Clerk 3 Generai class definition provided for, “a background knowledge of specific regulations, statutes or local practices. ” whi 1e tk? Clerk 4 General class definition added the word “good” to the provision with respect to knowledge of statutes,regulations and local practices. We note that the Clerk 5 Genera; class definition employs the adjective “detailed”. We were asked t2 find that the adjective “excellent”. which is found at Fnge 6 cf Exhibit 9 under the “Agreed to Skills and Knowledge Required +f the Grievor” was the equivalent of good background knowledge. “Excel lent” is found in the following context: “An excellent knowledge of and the ability to apply. interpret, explain, advise about, research. investigate and enforce relevent Retail Sales Tax Legislation. policy rulings and procedures set out in Ministry operating manuals (e.g. Understanding Ontario Sales Tax Vendor Administration, Default and Deiinquency Manuals). . .I’ . In this context I would find that the adjective “excellent” goes beyond a merely “good background knowledge”. In normal usage. the word “excel lent” connotes a higher standard than is imp1 i22 by the use of “good”. A “background” knowledge. as is referred ?c i in the Clerk 3 General class definition indicates that the knowledge is general rather than specific. Adding the word “good” to the word “background” does not change the fact that the knowledge requirement is still general. We were referred by counsel for the union to pargaraph 4 of the “Clarification of Job Duties” found at Page 8 of Exhibit 0 - . where it is provided ihat in 5% of interpretation cases. the solution is derived “directly from principles set out in th+ legislation.” The paragraph. in dealing with the question of supervision, goes on to provided: 0, . . . In these circumstances Fields Services Clerks (sic1 are expected to review her (sic) interpretation with the Supervisor. In 3ver half of these cases. answers have already been given to the taxpayer. Field Services Cierks in Hamilton are correct in a high percentage of time (sic). If Field Services Clerks are incorrect. Clerks usually must contact the taxpayer and supply the corrected advice. Counse 1 for the union asked us to compare the following provisions in the class standards which touch on the question of supervision. In the Clerk 4 General class standard the provisions referred to us are as follows: “Matters involving decisions that depart radically from established practices are referred to Supervisors.” Provisions of the Clerk 5 class definition which we were referred to are as follows: “Difficult technicai quest ions or those involving policy determination are referred to Supervisors. ” It was submitted to us by counse 1 for the union that. The description of the job duties of the grievor in relation t.9 i 9 interpretation of statute related material fits best within the description of the level of supervision identified in the Cl.335 definition of the Clerk 5 classification. The supervision of the grievor is more in the nature of a review for consistency of decision-making. In the case of the Clerk 4. t:?e sup+rvisian is with respect to matters that more comfortably iit within established practices. The Clerk 4 position. it was submitted, involves work which is more routine. following fairly clearly delineated guidelines or standards. Counse I for the union differentiated’ b.etween the supervision of the grievor relating to matters of interpretation and the review of certain forms and form letter3 for correctness by the grievor’s supervisor. who would then approve the document, as provided for in paragraph g. on Page 3 of Exhibit 9. We were asked to find that this duty is consistent with that found in the class definition of the Clerk 5 classification which provides that: “Although the work is carried out with a large degree Of independence, it is reviewed for consistency 0 f decision-making. ” I have some difficulty in viewing the latter quotation as relating to the supervisor’s review of forms or letters. It , appears.to relate to the interpretation or application of policy or administrative directives which result in the conveying of information to the public dealt with by the grievor. 10 On the.basis of the agreed to evidence befcre us. it is difficult to conclude that the filling out of forms is sufficiently closely tied to the decision-making function described in the class definition. Nevertheless, the provisions of paragraph 4 at page 8 of the “Clarification of Jcb Duties” in Exhibit 9, indicate that the supervision is given after the fact as in over half the cases the information has already been ,given. It was submitted that this is closer to the provision in the class definition of the Clerk 5 standard which provides that thr review is for consistency of decision-making. We were also ask& to find that the words: “difficult technical questicns or those involving policy determination are referred to supervisors.” referred to a limited number of matters which would Likely require a response from a person qualified to practise law. Counse 1 for the union interpreted the typical tasks found in the class definition of the Clerk 4 General as not requiring interpretation, explanation or application of statutory material. In context, there would have to be some interpretior. and .application of statutory and related material. although. clearly. the degree of complexity in the Interpretion. explanation and application function is somewhat greater in the Clerk 5 General class definition. Counsel for the union acknowledged that the ,;r:evcr would have some need to perform the tasks set out under the Clerk i 11 4 General class definition. but attrihuted this to the inevitable overlap, especially as it related to the element of evaluaticr: and assessment of materials. He stated that an examination of the duties would demonstrate that such duties do not form the core or essential nature of the grievor’s dui ies and responsibilities. Counsel for the union pointed out chat the class definition of typical tasks in the Clerk 5 Genera! classification provides for an incumbent “requiring the abilit:., to make acceptable recommendations or provide functional ~advice-. a duty that is lacking in the Clerk 4 General class definition. and that the agreed to duties of the grievor require such tasks to be carried out. In the Clerk 4 General class definition the counterpart is I’. . .usual ly by authorising adjustments or recommending payment or acceptance. . . ” with no reference be i rz; made to the giving of advice or the making of recommendations which are an essential feature of the Clerk 5 General. Counsel for the employer agreed with counsel for the union that there was a certain amount of overlap between the Clerk 4 General and Clerk 5 General classifications and that our task was to establish the best fit between the agreed to duties and responsibilities and the respective Clerk 4 General and Clerk 5 General class standards as set out in Exhibit No. 3. He also agreed with counsel for the union that the classifications we are dealing with are part of a series and the particuiar class standard must be examined in the light of the entire series. I r: i 12 his case, however. he would have us focus our attention beyond the immediate Clerk 4 General and Clerk 5 General class standards. The Clerk 5 General class definition uses the word “detailed”in relation to knowledge. which is an indication that an incumbent possesses specific knowledge. rather than background knowledge of the statutory materiai and practices. We find that the use of the words “excellent knowledge” found at Rage 6 of Exhibit 9. under “Skills and Knowledge Required by the Grievor” to be more consistent with the words “detailed knowledge” than with “good background knowledge” as found in the Clerk 4 General class definition. That is. while we agree with counsel for the employer: that assistance can be gained by examining the language found in al1 of the classes within the class series. in this , case, the conclusion that we arrived at, while it was assisted by an examination of a class or classes outside of the Clerk 4 Genera 1 and Clerk 5 General classifications, was not the conclusion that we were asked to reach. Counsel for the employer would have us find that the grievor need only have a “good background knowledge”. Our examination of the grievor’s duties and responsibi-lities cause us to cone lude that her responsibil knowledge” knowledge” ities go beyond having to have a “background or “good background knowledge” but require a “detailed I i ’ 13 Counsel.for the employer also asked us to nc:s that the Clerk 4 General class definition refers to “specific’rpguiations, statutes or local practices” while the Clerk 5 &nerd! class definition refers to “a body of regulations. statutes or local practices.. . .I# He noted that the grievor in the Borzes case hsC to deal with the Health Insurance Act and regulaticcs. Consume! Protection Act, Bankruotcy Act.Personal Property Security Act and the Land Titles Act. along with a number of ott;:e:- statuteas whereas the grievor. in this case, by acknowledgment. >n!y ?~a? z have a knowledge of the Retail Sales Tax Act. We were asked tc note that the Clerk 4 General class definition dea!s with “specific regulations. statutes or local practices” while the Clerk 5 General ClkSS definition refers to “a body of regulations. statutes or local practices”. We were also asked tr look at the Clerk 6 General class definition which provides for: “a wide variety of regulations, statutes or practices”. We wet-s a better fit within the Clerk 1 ievor only has to deal with a single asked to find that there is General class because the gr statute and its regulations. We note that the knowledge required relates tc “regulations, statues or local practices”. There is no quest io: that the grievor deals with a body of loca! practices and her responsibility is not limited to specific local praciices. There is some merit in the argument presented by course1 f,,r t.r:+ employer, but it overlooks all of the other duties an< 14 responsibilities and how they fit into the class definitation. When the essence of the duties and responsibilities of the grievor are examined, being to explain,’ educate, advise and interpret the legislation and local practices to the public. a+. when the complexity of the duties required in order to perfo2-m the work adequately is examined. the fact that only a single statute and its regulations are dealt with is merely one factc?r and. standing alone. would not cause us to conclude that the best fit was within the Clerk 4 General class definition. Counsel for the employer also referred to the decisicn- making e 1 ement involved in classifying the position and acknowledged that if the decision-making element in the class definition for the Clerk 4 General classification was read alone it might cause us to conclude that an incumbent would make decisions largely dictated by Ministry policy. We were referred to Lavcock 241/84 (Fisherlat Page 7, where it is stated: I, . . . However, it is clear that in the overwhelming majority of the cases (one could venture well over 98% of the cases) the decision was made from “a selection of alternatives within a comprehensive framewrlrk or‘ guide1 ines” as described in the Class 3 standard. I n other words, the alternatives are set forth in the various reference materials that the grievor had access to. It is true that in or$er to make that decision intelligently it requires a lot of background information, however, it is clear that the answer can virtually always be found in the four corners of the books provided to her.” Further, in the Lavcock case at, Page 8. t.he Board acknowledped that the grievor, there, did, on very rare occasions, awly 15 meaningful judgment on criteria “probably not found within the four corners of the books”. The number cf ocassions when this was done was very small in relation to the overwhelmin; volume of work which was decided employing clear guidelines. We were asked to look not only at the Clerk 4 General and Clerk 5 IGeneral ‘zi3~s definitions. but also at the Clerk 3 General class definition to view the three levels of interpretation. The first level (Clerk 3 General1 was the simpiest and required the abi lit:.. to 1-e ,) $3 3 document and understand its meaning. T?: e second. and :hioh~?- level (Clerk 4 General). required the ability to read information setting out a rule or principle and to apply it to 3 sitilation not squarely covered by the rule. The third, and stiil higher level (Clerk 5 General). required the incumbent to function where there were no rules available to help her. That is. where there was no policy,or manual which set out a general rule. Iiere. an employee would have to identify the first principles of the governing legislation and develop an answer. There is a nuanced development between the decision- making responsibilities of the Clerk 3 General, Cler- 4 Gener-ai. and Clerk 5 General Clerk 6 General. The difference is in the nature of the guidelines available to answer the problems faring an incumbent. Once again, there is considerable overlap between t,he decision-making responsibilities of a Clerk 4 ~?eneral ,a(76 a Clerk 5 General. In the case of the qr i ever . ::?e ev? cer!c‘” discloses that she is faced with a broad variety of s?ecin! 16 cases which arise because of the many different kinds of persons and situations which she encounters and which she is required to respond to. Because of the wide variety of situations that she must respond to. established guidelines cr standards must be constantly adapted to meet the needs of t.he pers=ns she deals with. The statement of “Skills and Knowledg,--? Required”. at P.ag+ 6 of Exhibit 9, make it clear that the grievor must synthesize responses which required “judgment in the interpretation a !?C application of policy or administrative dir+ctiven to z!rcri- i ex where the intent of existing instructions is obscure in cpecif i,: cases”. Such duties go beyond the mere dealing, “with variations from established guidelines or standards”. ?he sheer vcliume and complexity of the materials to be employed by the grievor In carrying out her duties brings her more squarely within the decision-making definition found in the Clerk 5 General standard. From the evidence, it would appear that the grievor’s work is reviewed for consistency of decision-making, as was noted above. and that only: “difficulty technical questions or those involving policy determination are referred to supervisors”. Counse 1 for the employer referred us to the “Clarification of Job Duties”, found at Page a of Exhibit 0. He referred to paragraph number 2 which provides: “75% of the interpretation ques:ions are covered by UOST manual although some questions require significant research. ” 1 i 17 He categorized this kind of interpretation as falling within the I first category of difficulty. IHe referred to paragraph 3 of the “Clarification of Job Duties”: 1 "20% of the interpretations are answered through ‘extrapolation’ from UOST by using analogicai reasoning. ” I He placed this level of difffculty of interpretation in t-be second category, above referred to. He then referred t,o paragraph 4 of the “Classification of Job Duties”. which is as follows: I I I "5% of the interpretations require interpretation5 directly from principles set out in the legislation. In these circumstances Fields (sic) Services Clerks are expected to review her (sic1 interpretation with the supervisor . In over haif these cases answers have already been given the taxpayer. Field Services Clerks in Hamilton are correct in a high percentage of time (sic). If Field Services Clerks are incorrect, Clerks must contact the taxpayer and supply the corrected advice. ” I Counsel for the employer categorised the latter interpretation I. responsibility as falling yithin the third category of difficulty. He referred to this interpretation obligation as one that is not assisted by the manual: “not found within the four corners of the manuals”. Counsel for the employer categorised the category three interpretation obl igat ion a? requiring variations from 1. established directions found fn the’ manuals. That is. the manuals can be used as a guide! but the answers are not found in I the manuals. This would leave 5% of the interpretation I i 18 obligation within the third category: that. is. the level of difficulty envisaged in the obligations set out in the Clerk 5 General class definition. Because only 60% of the grievor’s time is spent in interpretation. this means that the category three interpretation responsibility makes up only 3% of the grievor’s job. The submissions made by counsel for the employer in relation to the interpretation function have considerable merit. Although the UOST manual is quite voluminous. it is acknowledged that 75% of the interpretation questions can be answered relying on the information covered in those manuals. That I:. “decision- making involves some judgment in the selection of alternatives within a comprehensive framework of quidelines.” as Is set out in the class definition of the Clerk 3 General classification. Although. “some quest i’ ons require significant research” as is pointed in paragraph two of the “Clarifiction of Job Duties” in Exhibit 9, this merely means that some time has to be spent finding the available alternatives contained in the UOST manual. The decision-making with which the griever is involved requires “judgment in the interpretation and application of policy or administrative directives to problems where the intent of existing instructions is obscure in specific cases”, and this is. inevitably, assisted by the requirement that the grievor- have a. “detailed knowledge” of regulations, statutes or local 19 practices. ‘I Counsel for the employer has presente? a neat sol~l+.iori to his problem of placing the grievor within the C!er:k 4 General classification by a delineation of the difficulty of interpretation questions. The language of the class series .ioes not permit such a neat solution. The knowledge c.f the stat,L:ory material and local practices is greater ir. the case of the Clerk 5 General. and the duties and responsibili: ies cf the ,;riev,;r 3re closer to that definition. The less detai i?d kww1edq.l of statutory material required by a Clerk 4 knera:. would impact on his/her decision-making duties. The detailed knowledge required of the grievor would impact on her decision-making obligations. Furthermore, as was acknowledged, there is a signifi~:ant responsibility placed on the grievor to adapt ex;!anations tc, the ability of the pub1 ic dealt with to :understand her interpretations. This impacts on her decision-making responsibility and involves judgment in interpretation and application of policy or administrative directives. It was acknowledged that this frequently happens “where the intent of existing instructions is obscure in specific cases.” Paragraph 5 of the “Clarification of Job Duties” notes that “there are no manuals and no specific directives setting out how to deai with this variety and the clerks must use their judgment. initiative and social skills... in dealing with the vari,2us inquir i*s by adjusting levels of sophistication. 1angua;e. tcne ar.d deta:l of the i expl 20 r explanation and queries in order to communicate (in both anation and questioning)“. I cannot agree with counsel fc3r the employer that the decision-making component of the grievor’s duties and responsibilities fits more comfortably within the Clerk 3 General classification. Rather, I find that the decision-making with which she is involved calls for: ‘I... judgment in the interpretation and application of policy or administrative directives to problems where the intent of existing instructions is obscure in specific cases. ” It must be recalled that she is dealing not just with interpretation of statutory material but with a wide variety of policy directives and she must interpret these policy directives “...by explaining and interpreting registration requirements... ,- (See paragraph 1 of the “Summary of Duties and Responsibilities in the Statement of Agreed Facts”. Exhibit No. 9.1 In addition. as is pointed out in paragraph 1 (bl of the latter document. in querying applicants to obtain information necessary for the completion of registration, questionnaires and related forms: “This function involves the interpretation and the explanation of the law relating to the specific sort of business the applicant is engaged in so as to explain to the applicant what laws, regulations, et cetera apply to them.. . .” In doing this. the grievor is required to make use of a “detailed knowledge” of statutes, regulations and local practices rather than a good general background knowledge. Such a requirement f it-s mcJrr comfortably within the Clerk 5 General class standard. Counsel for the employer states that the interpretation function’carried out by the grievor must be typical to the extent that it coincides with that envisaged in the case of a llerk 5 General. As I have noted, the specific reference c.0 interpretation in the Clerk 5 General classification is with respect to “policy or administrative directives... where the intent of existing instructions is obscure in specific cases. ” The only evidence that we have before us indicates that a significant amount of interpretation in which the grievor is involved requires a detailed knowledge of local practices which are, in turn. governed by “policy or administrative directives”. The argument presented by counsel for the employer does not give sufficient weight to this factor. On all of the evidence. we find that the interpretation function of the grievor involves a large measure of detailed knowledge of the statutory material and local practices and that the interpretation function is affected by the need for this knowledge and by the use of this knowledge. It manifests itself in a variety of ways. Even if only a relatively small percentage of the time spent by the grievor involves “interpretations directly from principles set out in the legislation” (“Clari,fication of Job Duties” , page 8. Exhibit 91, this is a vital and essential part of the grievor’s duties and responsibilities and it colu~~rs much of what she does. It is essential that she have specific 22 knowledge of the statutory’ material as well as applicable policies to assist her in interpreting the legisiation. Of Considerable importance is the need for her to a b 1 e i .O inc;: when she is beyond that area where a good background k.nowl?ge is needed (the second category identified by counsel fcr -..e th employer, associated with the class standard for . ‘.‘? Clerk 4 General) and when she is involved in more complex intsrpreration ithe third category identified . b.., counse 1 for trio employer,associated with the class standard for t:he Clerk s General). It is for this reason that percentages of -ime spent involved in the three categories of interpretation icentified by counsel for the employer cannot be determinative. The “responsible clerical WC rk” performed b.b, the grievor goes beyond that covered in the class definition of the Clerk 4 General classification. The extent of the kncwledge component possessed by the grievor is necessary in order tc carry out the more sophisticated functions covered by the (Clerk 5 Genera 1 classification. The nature of the education. explanation, advice and interpretation services afforde,i- the public served require the qualifications set out in Exhibit 9 and are more closely related to the duties and resconsibilities covered in Clerk 5 General class standard. Counsel for the emp 1 oyrr f oc.:sed on the requ:t’+ment contained in the Clerk 5 Genera 1 rlass definition: :‘tj!cis *. 23 frequently necessitates modifying work processes c!r the development of new methods. ‘I We find that the grievor must constantly modify work processes and develop new methods iit order to carry out her responsibilities to the public: She has to use “judgment in the interpretation and application of policy or administrative directives to problems where the i n t ‘; !? t ,.:; f existing instruct ions is ohscure in specific cases, ” because there are, frequent !y , no instructions on how to co!llrnunicato with the pub1 ic when interpreting and applying poi icy c.: r administrative directives to that public. Such a requirco-nt can not be found in the Clerk 4 General classification. Counse 1 for the employer also directed us to the difference between the qualifications called for in the Clerk 4 Genera 1 and Clerk 5 General classifications. In the case of the Clerk 4 General. the qualifications state: “the ability to communicate clearly both orally and in writing... .‘I In the case of the Clerk 5 General paragraph 3 of Qualifications provides: “Ability to interpret regulations and instructions into procedures and practice: ability to prepare effective correspondence, instructions and reports.” Counsel for the employer stated that what is being referred to in the latter quotation is the way in which an employee would have to be involved in interpreting information: that is. the way in which he or she goes about arriving at an interpretive answer. We were asked to find that the description of duties .ancl responsibilities of the grievor did no t contain anything relating 24 to the "modifying~ of work processes or the development of new methods." We were asked to find that all that the grievor did is respond creatively in modifying the communication of their interpretive answers~. The language chosen is capable of beir,- interpreted so as to mesh with what the grievor was required t:r~ do and did, in fact. do. She had to develop new methods ctf communicating answers to meet a large variety of circumstances. There were no set work processes in many cases and these appear-??. to have been adapted to meet the various situations that the grievor was faced with. Furthermore. the quaiifications referra?. to by counsel for the employer include, as, was noted. the: "ability to interpret regulations and instructions into procedure and practice". The grievor had to interpret regulations an& instructions so as to, at least. develop practices to meet -..? +?--- needs of the public she served. The Clerk 4 General, under the same heading, need only have the: "the ability to communicate clearly both orally and in writing... ." The qualifications which would relate to an ability to interpret are not found in the Clerk 4 General list of qualifications. The addition of tha’. requirement to the qualifications for tT.5 Clerk 5 General position is consistent with the requirements of the classification as set out in the class definition where greater emphasis on interpretation is set out. When counsel for tr:e employer relies on the existence of manuals as drastically limiting the ability of the grievor to modif./ work procedures. !-:,t overlooks the grey areas found within the information contained 25 in the manuals. Counsel for the employer also compared -he qualifications of the Clerk 6 General and referred t0 the provision found in paragraph 3 of the qualifications' section snd particularly the portion: "ability to initiate an< TPV:.$e procedures, and supervise the preparation of a variety of reports... .'I We can nut see that this higher qualification required of a Clerk 6 General can affect the fsct of what the grievor actually does when it fits comfortably within tine requirements of the position as set o*ut in the class definition for the Clerk 5 General. Counsel for the employer alss submitted that :he levei of supervision which the grievor is subject to is more consistent with the Clerk 4 General class standard: "empIoyees receive specific instrjuctions only on unusua1 or special problems as the work is performed under conditions that permit littler opportunity for direct supervision by others. Matters involving decisions that depart radically from established practices are referred to supervisors. We were, once again, referred to the Laycock case where ,3t pages 9 and 10 it is stated: . ,I .The mere fact that the supervisor chose not to exercise that supervision on a daily basis is indicative of the trust and faith that he had in the grievor to perform her job well without constant supervision. It is not appropriate to interpret the Class 4 standard ae involving any sit*lation in which a supervisor does not directly watch the employee performing his duties because -his is unrealistle I i-i an office setting. In a* Qff ice setting. by its very l-l,+. tlir e . given that people are working a: desks on pieces of paper. it is virtually impossible to directly observe th5 pzuson 26 doing his job unless one stands over his shoulder which is an inappropriate method of supervision. For some reasonable meaning to be read into this Class 4 standard, it must. mean that they 4re referring to the fact that in certain situations, the physical proximity o f the supervisor ir PIIC!I that little opportunity for direct supervision is even possible.. . .” The nature of the supervision affecting the griever must be viewed in the light of the duties and responsibilities which she held. The supervision recei.ved by a Clerk 4 General and a Clerk 5 General is functionally similar. What differentiates the two is the nature of the work that is being supervised. The Clerk 5 General is working at a higher level of sophistication thar. the Clerk 4 General and, as noted above, the duties and responsibilities of the grievor fit more comfortably within the Clerk 5 General duties as set out in the class definition. Most of the duties of the grievor deal with one-or-one interactions providing customer service to vendors, businesses and the genera 1 pub1 ic by explaining their rights and responsibilities under The Retail Sales Tax Act. 75% of the work is with what was referred to as “walk-ins” which involved 75% of inquirers. Most vendor files and associated data base files were reviewed by the supervisor. following registration, for sufficiency of file records and correctness of the clerk’s decisions. Although interpretive letters composed by the clerks were reviewed and signed by the supervisor to ensure CGrrect interpretation of the legislation, it follows from a dsscri>tlon in paragraph 1 i.. found at page 3 ,of Exhibit 9. that most ,.zbzn,ir,!- files were reviewed only after the work had been completec and 27 this is consistent with the provision -in the class definition of the Clerk 5 General classification that the work: “is reviewed for consistency of decision-making. Difficult technica! questions or those involving policy determination are referred t:~ supervisors. ‘I This is consistent with the further provision in paragraph 1 i. which states: “in rare and clnusual situations. consulting supervisor to obtain guidance and assistance c’ 3 matters not covered by Ministry policy. procedures Gr precidents ” This does not mean that the grie:!or is not required to make difficult decisions from existing precedents and po! icy and this is also consistent with her . recuiring a detailed knowledge of the Act, regulations and local practices. Counsel for the employer referred t.1; the case of Nec1i.a and Mathews 70/85 and 71/85 (Swan) at pages 14 and 15: “No doubt . . . there is very little need to spot check their work, and they receive very little negative feedback or advice from either the Senior Clerk or their supervisors. The fact that they are particularly good at their jobs does not alter the level of responsibility of what they do nor does the fact of their competence make the Senior Clerks’ work easier detract from the responsibility assigned to that position.” We agree with this statement, however, our decision is not based on the competence of the grievor but on her responsibilities as stated in Exhibit 9. Counsel for the employer argued t?.%t the fact that. t.:;e grievor spends a good deal of time dealing directly with + ;-.+ _..._ 28 .public does not point in the direction of a better fit w;ithin the Clerk 5 General classification. While there is nothing in the statement of typical tasks’ that points in the directic;n zvf direct communication with the public in either classification. the tasks typical to the Clerk 4 General classification say nothins about a “clerical accounting function involving the intsrrretation. explanation and application of a phase of depirtmenta! legislation or regulations and requiring th:e ability ~3 provide functional advice.” Rather. the Clerk 4 sS;nerai class stand-rd focuses on: “tasks typical to this level include the evaluation and assessment of a variety of statements, applications. records or similar material to check for conformity with specific regulations. statues or administrative crders. resolving points not fully covered by these instruct ions, ;.:sua 1 I? by authorizing adjustment or recommending pa>T?.rnt QY~ acceptance. . ‘I . While we can agree with counsel for the employer that the typical tasks are not “watertight”. the language found in the Clerk 5 General classification is much more apt in describing the typicai tasks of the grievor in carrying out the general purpose of the position Counse 1 for’the employer responded to the position taken by counsel on behalf of the union that the grievor had no guidance as to how to deal with the interpersonal aspects of dealing with the variety of vendors, business and the generai public in expla ining the ir rights and resp,>nsibilities !under The - 29 Retail Sales ?ax Act, by noting that the understanding of the Ontario Sales Tax manual, dealing with matters of ,default and delinquency, considers the procedural side of interactif-,:-. with the vendor. While that is the case, the “Clarification .>f Job Duties” found at page 8 of Exhibit 9 notes that the griev.;.:’ must adapt her mode of explanation depending upon whom she is clcaling with and that ~there are “no manuals and no specific dirct ives setting out how to deal with this variety and the clerks m.:at use their judgment, initiative and social skills (eg: ta,::. et cetera) in dealing with the various inquiries by adjusting the level of sophistication, language, tone and detail of their explanations and queries in order to communicate ef feet ive ly ( in both explanation and questioning). Counsel for the employer also stated that the Vendor Administration Manual required approval of forms before any change was to take place. This point was made in relation to the statement contained in paragraph 1 i. at page 3 of Exhibit 9 that: “most vendor files and associated data base files were reviewed by the Supervisor following registration for sufficiency of file records and correctness of the clerk’s decisions.” This comment was directed at the assertion of counsel for the union that. for the most part, the grievor was only revieWed for sufficiency of decision after the work had been completed. Whatever the intent of the manual, the agreed to facts ir.icat.2 that the review of the grievor’s decisions only took place after 30 registration of a vendor. Given the agreed to statement of facts. we can not go behind it. Counse 1 for the union referred us to the statement found at pages 12 and 13 of the Lavcock case: “The third aspect of the class standard is tv..%.t <jf qualifications. There was evidence. however. wh.ich was uncontradicted from the employer’s witnesses. that this particular provision of the class standard is ,:nly used as A hiring criteria and does net form one of the fr::tot-s ,:.ssd ir: classifying a job. This position has been .:y;heid irk the previous awards referred to and therefore, this Board feels bound-by those previous decisions and as such will no: apply the qualification section of the class standard ic, the decision.” For the reasons given above. even if the qualifications are considered, they do not support the position of the employer. In the excellent arguments presented by both counsel. for which we are grateful, there emerges a description of a position which has elements of the Clerk 4 General and Zierk 5 General class definitions. As both counsel acknowledged. the 1 anguage of a class standard is, of necessity, written broadly and not always ,with great clarity. The task of finding the best fit can not be easily carried out without a clear Ricture of the purpose of the position. It is to provide a customer service to those who are or may be covered by The Retail Seles Ta?. Act. There is an educative, explanatory and interpretive role, and the various put-poses intertwine. The significant pcrtion of t?~:- grievor’s time spent in interpretation, simi lar- :y insinuates 31 itself into the ~customer service role an? the rducat ive ro I e The fundamental significance of having a detailed knowledge of the legislation, as opposed to a good general knowledge of the legislation. has a major impact on the 1a:guage set out in the class standards. It affects the interpretive role and t l-l? decision-making function. as well a&the mflning -zf the k i nd 0 f supervision of an incumbent in the classifi:~%tion. This was not a c5se that Ti3.S easy tr! dec idr nevertheless, when we procee~ded to car:.:i o~lt the rxerclee. fitting the duties and responsibilities of ‘-.he grievor into the respective class standards presented to us, the ,:lear ‘best fit was with the Clerk 5 General classificatiIn. Accordingly. the grievance succeeds and the grievor 1 :‘ en: itled to the classification sought in the grievance. 3y agreement of the parties, we are to remain seized on the subject of further relief. Counse 1 for the union indicated That if the grievance was successful, and if the parties could net settle the matter of further relief, he would be making submissions with respect to damages and inter-es: payable. 32 DATED at Toronto this 19th day of F~duary, 11990. =xv%+ M. Gorsky, Vice-Chairperson -- H. Roberts, Member CLERICAL. TYPING, STENOGRAPHIC. RllD SECRETAfUAL CLASS SCRICS J KI::OS OF I;‘OR< COVEFUZD: Thcsc five series cover all office positions and office supcrviscry positions that are not covered by a specialitcd clerical, technical, ,~. 3 equipment operating, or professional class series. , GCNERRL CLERICAL SERIES - 7 CUSSES: - : _ This series covers positions where the purpose is to perform clerical work entirely or in combination with incidental typing, stcnoqralthic or machine operating duties. Where exciusion of the latter would significantly change the character of a position , or where they occupy a large proportion of the working time, the position should be assigned to one of the specialized classes, e.g. Clerical Typist. Positions for which specializcd clerical series exist, e.g. Clerk, Mail and Messenger, Clerk, Filing,.ctc. shculd.not be assigned 'to thij series. Group leader responsibility normally begins at the third level, while the fourth and above usually cover positions involvinq line supervision: however, non-supervisory positions can also be included. . . CLERICAL TYPIST SEXES - 4 CLRSSES: This series covers positions which involve touch typing in addition to clerical work, where the typing aspect is important to the extent that 1ts removal would significantly change the character of the job. Touch typing qua?ifications to Civil Service Commission standards are essential for inclLrbents of these positions. All levels within this series arc based on qraiations in complexity of the clerical work with thp first three also depending on the degree of typing skill required.. However; the clerical 7 conta'r& of these positions is generally less onerous than those at correspondin$'levels in the Clerk, General Series. The fourth level represents first-line supervision where typing skill is taken for granted. TYPIST SERIES - 4 CLASSES: This series covers all posi'ti;ons &here typing duties account for at least 75'1 of the employee's working time. Clerical duties are incidental and nsually follow a set pattern - filing, duplicating, and receptionist duties. Allocation of positions to the various levels in this scrics is based on typing skill and relative frecdon from supervision, with the fourth level representing first-line supervision. - ._ .-, (over] CLERICAL STCNCGkAPIIEX SEfiIES - 5 CLASSCS: This series covers positions which rcquirc shorthand (or sl*<.Pd-vriLingl. and or dictaphom? and typing to Civil Scrvicc Commission st.rndrrrd!: in comhin~tion with a significant element of clerical work.. Allocntion to the various lcvcls wiLhin the series is based on the complexity of tlw clerical work and degree of responsibility assigned to the incumbent. korr~lly, the fourth and fifth lcvcls cover supervisory positions, and the third lcvcl covers group leader positions; however, non-supervisory positions can also bc included at any of these levels. The clerical duties involved in thcsc positions vary widely in both type and Icvel. Althouqh individual clerical duties may be comparable in level to those found in positions in corresponding Clerk. General classes, .thc total clerical function is gcncrally somwdrat lover. A small prbport=f the employee’s time may be spent in dpcrating office appliances. SECRETARIAL SERIES - 5 CLASSES: This series covers positions of Sccretarics to one or mow .x+ministr;ltivc officials. Receptionist duties, personal contact work and rclicving the supervisor of administrative routines arc characteristic of thcsc positions. Some clerical functions, e.g. minor record-keeping, checking cxpcnse.clains. processing mail and filing are commonly found as incidental duties. Howcvar, where the clerical work is substantial and present to a significant dcgrcc, 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 Service Commission standards is a rcquircmcnt for secretarial positions. Dictation is taken by shorthand, speed writing and/or dictaphone. Allocation of individual positions to the various levels within this series is based on an assessment of the judgcmcnt and initiative required as indicated by the degree -of &legation in.such areas as:composing correspondence, dealing with enquiries, arraniing appointments;:and exercising judgernt in handling matters during the supervisor’s abscncc. .’ -~ In addition to the foregoing elements, the nature of frequent and substantial senior level contacts is an important allocation factor at’thc 5 level. Revised June 1, 1978 CLERK 1. GENERAt CLASS DEFINITION: Rnployees in positions allocated to this class perform elementary, routine clerical tasks, which require little knowledge of office procedures and can be learned within a few hours. Assignments that are not self-checking are preceded by dettied insttic’cions and are checked.on completion. AlthoughFin some positions, employees may assist others by performing parts of more complex assignments, they are not themselves responsible for the satisfactory completion of the overall tasks. This is a texminal class for persons continuously performing simple clerical activities. It may also cover positions of emplofies in training for higher level clerical work. QUALIFICATIONS: 1. Grade 10 education, preferably Grade 12; working knowledge of arithmetic, spelling, punctuation and grammatical usage; some familiarity with elementary methods of checking names and numbers and of sorting and filing. 2. Preference may be given for some satisfactory previous work experience or training. 3. Ability to ‘understand and carry out simple work instructions in an office settins; ability to learn to use simple office. equipment. - Revised, December. 1963 - ._ .-, _- ..- ‘) . . . . . CLASS DEFINITION: . Enployees in positions sllocated to this class normally . - perfona a number of clerical tasks of limited complexity according to established procedures, where the prime responsibility is.for accuracy and an acceptable rate of production; Decision+naking consists of detenoinin g whether material conforms to specific, set-out procedures or standards and requires little background knowledge of regulations or statutes. mployees may initiate standardized letters involving little origiii~qmposit~.?pn_such as form letters,acknowledgments, reminders, et<; They may also assist with the training of junior staff. Assignments of unusual difficulty’are preceded by detailed instructions or are carried out under close supervision The work is reviewed for adherence to procedure and acceptable standards of accuracy and volume. QUALIFICATIONS : 1. Grade lC..education, preferably Grade 12; working knowledge of arithmetic, correct punctuation; spelling and grarmaatical usage; some knowledge of common office practices. ~ I 2. At least two years satisfactory experience’as a Clerk 1, General, or an equivalent combination of experience and education. 3. Ability to follow specific clerical instructions; ability and willingness to perform clerical work of limited complex- ity atbcceptable standards of speed and accuracy. - 1 Revised. December, 1963 , <’ -._ --, CLERK 3, GENERAL CLASS DEFINITION : Bnployees in positions allocated to this class, as ujourney- man clerks”, perform routine-clerical work-of-some complexity accord- ing tiY&tablished procedures requiring a background knowledge of spec- ific regulations, statutes or local practices. Decision4aking involves some judgment in the selection of alternatives within a comprehensive framework of guidelines. Initiative is in the form of folloKing up errors - ..-- or omissions and in making Corrections as. necessary. Doubtfui matters noi?&ered. by-precedent are referred to supetisors . Much of the work is reviewed only periodically, principally for adherence to policy and procedures. Typical tasks at this level include the preparation of factual reports, statements ‘or memoranda requiring scane judgment in the selec- tion and presentation of data; assessment of the accuracy of statements or eligibility of applicants, investigating discrepancies and securing further proof or documentation as necessary; overseeing, as a Cmup Leader, the work of a small subordinate staff by explaining procedures, assigning and checking work. This is a terminal class for many positions i.nvolviog the competent performance of routine clerical York common to the office concerned. QUALTFICATIONS : ’ 1. Grade 12 or an equivalent combination of education, training and eqeriencti. : e 2. - About t&e years. satisfactory clerical experience’. -- 3. Ability to understand and explain clerical procedures and require- merits; ability to organize and complete work assignments within prescribed time Limits; abilitp to maintain good working relation- ships with other employees and the public served. , ,:’ Revised, December, 1963 I -.-. .- ‘I QUALIFICATIONS: : :I,$ 1. Grade 12 education or an equivalent combination of education, .: @ training and experience. i; ,~ 2. About four years of progressively responsible clerical exper- ,;: ; ience or au equivalent combination of experience and higher 1 f educational qualifications. -- .: 3. Ability to communi cate clearly both orally and in writing; - 3’9 ability to instruct and supervise the work of subordinates. Revised, December, 1963 , , ./ 4. CLERK 4, GEh’ERAL .CLASS DEFINITION: ,.. . /’ hlployees in positions allocated to thxd-class perform a variety of responsible clerical tasks requiring a good background > knowledge of specific regulations, statutes or local practices. L*< Decision-making involves judgment in dealing with variations from restablished guidelines or standards. Normally, employees receive J specific instructions only on unusual or special problems-as the .~- work is performed under conditions that pennit 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-- J’:. ment of a variety 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 adjustments or recoimaend- :uing payment or acceptance; supervising a small group of ujourneyman , :* clerks” or a larger gmup of clerical assistants by explaining proce- $ dures, assigning and checking work and maintaining~discipline. , CUSS DEFINITION: - I bployees. in positions allocated to this class perform respons- 2 ible clerical work requiring detailed knowledge of a body of regulations, I statutes or local practices, together with a thorough understanding of ~. the objectives of the work unit. ” Decision-making involves judgment in 4 the interpretation and application of policy or administrative directives (/ to problems where the intent of existing instructions is obscure in spec- 5’ ific cases. This frequently necessitates modifving work processes or the y development of new methods. Although the work is carried out tith a large 4 degree of independence, it is reviewed for consistency of decision+&ing. ,,,: Difficult technicsl questions, or those involving policy determination are , referred to supervisors. , “. r Tasks typical of this level include responsibLl..ity for a signifi- /4 cant non-supervisory, clerical, or clerical accountjng function involving JY the interprqtation, explanation and application of a phase of departmental .t ,+a legislation or regulations and requiring .the ability to make acceptable I, recommendations or provide functional advice; supervising a group of *’ “journeyman clerkss performing clerical duties of varying complexity or :$ a smaller group engaged in more specislized work by planning, assigning and revieving work, deciding-priorities, maintaining production levels $ and carving responsibility for the total performs&e of the unit. 1.’ CJJALIFICATIONS : 2’ :. 1. Grade 12 education, or an equivalent combination of education, 17 training and experience; preferably completion of additional- + trsining,such as related correspondence and university exten- 4 v sion courses; thorough lmoirledge of office practices and pmce- :c dures . -- . -. I-’ 2 #’ . About six years progressively responsible clerical experience 2f or an equivalent combination of experience and higher educa- : ‘;’ tion. 5H 3. Ability to evaluate the effectiveqess of clerical procedures i ad staff performance; ab’iJLity to’supervise the work of other ” f, i- employees; abilitJr to interpret regulations.~and instructions .I of into procedures and practice; ability to prepare effective ; y correspondence, instructions and reports. Revised, December, 1963 CUSS DEFINITION: hployees in positions allocated to this class perforPl spccid- i:ed complex clerical or sub-professional 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 volme, variety and.complexity of the duties is extensive. Considerable judgment 7 in the inccrprccacion and application of a wide.variety of regulations, statutes or practices is nciessary to resolve these problaas. The work is reviewed through standardized reporting procedures, principally to assess the contribution made to branch administration. QUALIFICATLONS : 3. Grade 12 education, or an equivalent combinntion of education and expcrirncc: preferably successful completion of extension courses or similar training related to the work to be performed; thorough knowledge.eof the techniguer of office management. 2. About cighr. years of responsible clerical experience,-preferably involving Some related administrative responsibility, 0~ sn equiv- , alenr combination of experience and higher education. 3. Sound judgment; ability to plan, organire 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. l&ember. 1963 CUSS DEFINITION: Eaployces in positions allocated to this classperform clerical administrative work in the implementation of a departmental program. Although these positions vary widely in the rauge of duties and the diversity of supervisory responsibilities, they are characterised by the finality of operational de,cisions made, the complexitp of the pro- grams administered, and the confidence placed in the recousnendations of the incumbents. hployees in these positions receive general instruction on departmental policy or changes in procedure from an administrative official who initiates new assignments through expressed objectives. They supervise personally, or through subordinates, sll activities in a large clerical-administrative operation. They organise work assignments, originate, install and maintain procedures, assist in selection and replacement of staff and integrate the work to produce results as expeditiously and efficiently as possible. In some positions, their supervisory responsibility is of a functional nature due to the geographical location of their subordinates. In these positions they ensure conformity with departmental procedures, observe expenditure trends, anslyze problem situations, ‘hnd are respons- ible for all activities under their control. In other positions, they perform specialised duties related to the drafting and presentation of policy statements, instructions to staff and special rep4*s to their supervisors. In all positions, they are requirea‘to exerciue tact and judg- ment and to develop effective working relationships in their personsl contacts. gxu.FKATIoNs : 1. Grade 12 education, or sn equivalent combirration of education, experience, and training; preferably completion of related uuiver- sity extension or other recognized courses; thorough knowledge of the principles and techniques of office management; considerable knowledge not only of the program related to their work assignment but also of the policies and programs of the deparnaent as a whole. 2. About ten years of progressively responsible, related clerical or administrative experience or an equivalent combination of related experience, higher education and specialised knovledge. (over) , -2- 51012 QUALIFICATIONS: (Contcd. .) 3. Ability to analyze the cffkivencss of the program for which they are responsible; superior Judgment in making dccisioas and in the recon&ndations which they present; marked abiliw to supervise and co-ordinate in their field of respoasibiliv; ability to initiate, revise snd interpret a variety of complex procedures; personal characteristics suitable to good inter- personal working relatiOnships with many professional persons. Revised, December 1963 . -- 7~ i : Ay,yr&;:,: “~A,” if ’ ‘r ’ STATEHENT OF AGREED FACTS Description of the Duties of a Field Services Clerk in the Ministry of Revenue as of the date of Joyce Gustafsson's arievance. The Puroose of Position To provide a customer service to vendors, businesses and the general public by explaining their rights and responsibilities under the Retail Sales Tax Act: To educate private and public sector regarding the application of Provincial Sales .Tax by explaining and advising those sectors as to their responsibilities under the Retail Sales Tax .A&; To register vendors in accordance with the requirements of the and to maintain related records manually and via use of an on-line computer terminal; To provide clerical and reception support services for the office; All of the above must be done in a courteous, pleasant and professional manner. Summary of Duties and Responsibilities 1. a. Processes and ensures applicants (e.g. the general public, businesses, lawyers; accountants, engineers, 75% M.P.P. offices, hospital administrators, Federal Government offices, Municipal officers, school boards, universities, etc.) registering for a vendor's Permit meet the requirements and intent of prescribed legislation, policy and procedures detailed in the 2 Ministry's manuals (e.g. Vendor Administration Understanding Ontario Sales Tax Manual) by: responding to verbal, written and in-person inquiries requesting information on obtaining a Vendor's Permit by explaining and. interpreting registration requirements and, in cases of non-voluntary compliance, by contacting vendors, potential applicants where there is the possibility that new registration is required; b. Querying applicants to obtain information necessary for the completion of Registration Questionnaires and related forms such as AC-27's (e.g. goods sold, commencement date of business, value of purchase chattels) L.L.B.O. licensing. This function involves the interpretation and the explanation of the law relating to the specific sort of business the applicant is engaged in so as to explain to the applicant what laws, regulations, etc. apply to them: C. Assessing and interpreting information to determine applicant's eligibility or need for a Vendor's Permit and to identify the need for additional documentation: d. Advising applicants a Vendor's Permit is not required under the Retail Sales Tax Act due to the nature of their business (e.g. wholesale manufacturer). This is done by interpreting the Retail Sales Tax Act and by eliciting the necessary information regarding aspects of the business and aprjlying this information in the interpretation and application of the Act: e. Obtaining and checking Vendor application forms for completeness and advising applicants of corrected action required (e.g. additional partner's signature, proof of incoruoration. etc.): 7 f. 4. h. 1. 3 Accessing the data base file via an on-line computer terminal to verify or identify applicants previously registered for a Vendor's Permit and to obtain information on their past history (e.g. compliance record, file status). This is done in order to check if the applicant already has a Vendor's Permit, owes money (e.g. taxes due or delinquency), if the vendor had gone bankrupt, if there is a take over from an existing business i.e. whether there is a roll over and to whom or if two accounts are to be linked. This also involves arranging for a smooth transfer of a L.L.B.O. license in cases where the vendor is impecunious; Preparing forms such as AC-27's, AC-41's, TR-4's, Vendor form letters etc. to adjust vendor accounts (e.g. reverse default penalties, extend filing periods). AC- 27s and AC-41s are reviewed for correctness and approved by the Supervisor: Investigating periodic computer reports such as Net Account Balance, Compensation Warning and Chattel Tax Follow-Up Reports by reviewing vendor computer file, obtaining and/or verifying information with vendor or his representative, explaining procedure and preparing necessary documents of action to be taken for supervisor's signature (e.g. A103 initiating refund of overpayment sales tax). This may involve providing follow-up explanations after the investigation. A103s require the approval and review for correctness of the Supervisor. In rare and unusual situations, consulting supervisor to obtain guidance and assistance on matters not covefed by Ministry policy, procedures or precedent. Most vendor 4 files and associated database files were reviewed by the Supervisor following registration for sufficiency of file records and correctness of the clerk's decisions. Vendor files required initialling by the Supervisor. The Supervisor provided monitoring of telephone advise and the communication skills of clerks by listening to clerks side of conversation only, while they were on the phone. Interpretive letters composed by the clerks were reviewed and signed by the Supervisor to ensure correct interpretation of the legislation. Regular meetings were held by the supervisor in order to communicate and discuss any change in Ministry procedure or interpretation, and to answer the questions of staff. The reports outlined in paragraph l(h) were spot checked by the Supervisor to ensure that files were being actioned appropriately. k. Actioning documents, applications, etc. for Senior Citizen's Tax Grants (G.I.T.C.) and providing information to 'cca3p;blic regarding these programs. Actioning form +J-s for Corporation Tax Branch. Actioning L.L.B.O. clearances. L.L.B.O. clearances were reviewed for correctness and approved by the Supervisor. 2. Performs clerical and key-operator duties required for the maintenance of tax roll data by: 15% a. Monitoring single event computer listing and noting vendors to be deleted ‘from the data base file; b. Contacting vendors, accountants, lawyers, etc. by phone or correspondence to obtain and verify information pertaining to the closed-out of vendors and preparing necessary forms (e.g. T.R. 105). This involves the explanation, interpretation of the law and policy C. d. e. f. 4. h. 3. 10% ~a. 5 related to this function. This also requires a determination that a close-out is an actual one versus for example a mere transfer: Following-up with vendors, purchasers etc. by telephone and letters to resolve unidentifiable tax remittances and to collect tax from the sale of boats or aircraft: Preparing necessary forms and ensuring the correctness of such forms as TR-4's, CO-lo's, AC-24's, AC-27's, AC- 41's, etc. for submission to Taxation Data Centre for computer input: Operating an on-line computer terminal to update the vendor data base file on basis of information obtained from telephone calls, correspondence and reviews (e.g. address changes, raised assessments) this function includes determining whether or not there are credits on file and clearing them up if necessary. This involves the maintenance of the data bases integrity: Maintaining hard copy vendor records by filing correspondence, transferring vendor files to appropriate district office upon relocation of businesses etc.: Maintaining a record of equipment malfunctions, repairs and general maintenance, daily response/down-time of terminals: , . Monitoring L.L.B.O. change list to ensure data base integrity. Performs other related duties such as: Maintaining control of receipt books and petty cash 6 funds, accepting/verifying cash payments, issuing receipts and making bank deposits; b. Typing correspondence from notes, handwritten drafts and verbal instructions: C. Acting as receptionist by greeting public and/or answering the telephone, providing forms and general information etc.; d. Opening and distributing incoming and outgoing mail: e. Following-up with out-of-province contractors working in the province to ensure no loss of sales tax; f. Monitoring Registry Office property transfer list of follow-ups and ensure taxes on chattel are paid. This includes analysing, investigating and assessing these transfer lists: 4. Maintaining a record of work activities (e.g. number of telephone calls, visits (for report purposes); h. Filing vendor hard copy records as required; 1. As assigned. Skills and Knowledge Required * An excellent knowledge of and the ability to apply, interpret, explain, advise about, research, investigate, and enforce relevant Retail Sales Tax Legislation, policy rulings and procedures set out in Ministry operating Manuals (e.g. Understanding Ontario Sales Tax Vendor Administration, Default and Delinquency Manuals); excellent communication 7 skills and the ability to deal tactfully and courteously with the public in a professional manner; this communication involves the ability to communicate clearly, competently, concisely, etc.: demonstrated satisfactory related clerical experience: ability to handle stressful, complicated, constantly changing interpersonal situations in which interruptions occur frequently; ability to exercise sound judgment, work independently under a low level of supervision; ability to organise and ~complete work accurately within strict deadlines on ones own: a general knowledge of the Ministry's organisation programs; ability to type. , 8 CLARIFICATION OF JOB DUTIES 1. 60% of the Clerk's time is spent in interpretation. 2. 75% of interpretation questions are covered by U.O.S.T. manual, although some questions require significant research. 3. 20% of interpretations are answered through **extrapolation" from U.O.S.T. by using analogical reasoning. 4. 5% of the interpretations require interpretations directly from principles set out in the legislation. In these circumstances Fields Services Clerks are expected to review her interpretation with the supervisor. In over half of these cases answers have already been given to the taxpayer. Field Services Clerks in Hamilton are correct in a high percentage of time. If Field Services Clerks are incorrect, Clerks usually must contact the taxpayer and supply the corrected advice. 5. There is a great variety of inquirers, from the barely literate to the highly sophisticated and the Clerks are required to deal with these persons (as set out in the agreed statement) on a one by one basis (walkins - 75%, telephone 20%, written - 5%) and must adapt their mode of explanation dependently upon to whom they are speaking at any given,time.. There are no manuals and no specific directives setting out how to deal with this variety and the Clerks must use their judgment, initiative and social skills (e.g. tact, etc.) in dealing with the various inquiries by adjusting the levels of sophistication, language, tone, and detail of their explanations and queries in order to communicate ” 9 effectively (in both explanation and questioning). Some inquirers may be hostile and/or difficult to deal with. The Clerk is expected to deal with these problems on her own in the first instance. The supervisor was available to assist with difficult clients and did assist on some occasions. In "non- voluntary compliance (l(a)) this problem is especially acute. The Clerk must '*coaxV*, 11explain8' and "be firm" without jeopardizing the image of the Ministry. This element of the job description is the most difficult and time consuming part of the job. , .