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HomeMy WebLinkAbout1986-0733.Marshall.90-01-24EMPLOv#SoEu COURONNE OEL’ONTARIO CQMMISSION DE SETTLEMENT REGLEMENT DES GRIEFS IN THE MATTER OF AN ARBITRATION under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Between: Before: Before THE GRIEVANCE SETTLEMENT BOARD OPSEU (Marshall) I Grievor For the Grievor: - and - The Crown in Right of 0ntari.o (Ministry of Health) Employer For the Employer: J. Callas Regional Personnel Administrator ministry of Health Hearing: September 14, 1989 R.L. Verity J. McManus D. Daugharty Vice-Chairperson Member Member E. McIntyre Counsel Cavalluzzo, Hayes & Lennon Barristers & Solicitors 2 DECISION The Grievor. Wesley Marshall, is employed at the Penetanguishene Mental Health Centre in the position of rece7ver”. He is currently classified as Clerk 2, Supply. In a grievance datea Mav 16. 1986. he seeks reclassification as Clerk 3. Supply.. The Mental Health Centre at Penetanguishene consists of a SAL oea Psvcnint.ric Hospital comprised of two divisions - the Regional Division which provides client psychiatric services and the Oak Ridqe Division, a maximum security psychiatric unit. The Centre’s stock keeping operation, known as Central Stores ,~ is located in the TOANCHE BUILDING in then Regional Centre. The Grievor works in the receiving area which is on the same floor but physically separate from the Central Stores. Subsequent to the filing of the grievance, ‘an audit report was prepared dated May 26, 1986. That report reads, in part, as follows: . The receiving area consists of an enclosed ln~r3?no clock area with three bavs, a receiving and temoorarv retaining area and a small locked office. Eauipment used in recelvlng area includes a weight scale. severa I push carts, a hand pushed fork lift and an electric pallet truck. The Supply Supervisor is Stores. providing genera I ‘ZEFE:Z:EiZn ‘FL t~~~e”~~~~~~ Assistants (Clerk 3. SUPPlY 1 who are assigned to a- 3 spec1t1c area of the centra I stockroom to receive, store, issue. post and control al 1 Inventory stock. The position under review also receives genera I supervision from the SUDPIY Supervisor. The purpose of the Grievor’s position is stated in the Audit Report as follOws: Under the general supervision of the Supply Supervisor arovldes supplv services to hospi ta1 departments and centralized stores by receiving, checking, shipping of al I i terns hand led through receiving area and maintaining receiving records systems. At the hearing, the Grievor acknowledged the accuracy of the Audit Report. The Grievor nas worked at the Penetanguishene Mental Hea I t,h Centre since 1962. Unt.7 I 1983, he was a supply assistant in Central Stores and was classified as Clerk 3. Supply. In 1983. he applied for and obtained the receiver position with full knowledge of its Clerk 2. Supply classification. The Grievor was the sole wl tness called upon to testify. Mr. Marshall elaborated upon the duties of his position which he agreed were accurately reflected, in summary form, in the position specification and class allocation form (Exhibit 2). That form contains the following summary of the Grievor’s duties and responsibilities: 85% 1. 10% 2. 5%. 3. read: 4 SUMMARY OF DUTIES AND RESPONSIBILITIES Responsible for. the receivinq. checking and ShlDment of I al items handled through receiving by: receiving and fi Iing copies of “Purchase Orders” alphabetically, for all items on order; checklnq each shipment with manifest for correct count, weight and condition; rne3ch.i nq contents ot each sh? pment with packing slin ano recording deliverv on receiving report: notifying suoervisor of errors or discrepancies when detected; obtaining signature of users when issuing items held in receiving section; receiving authorization from purchasing officer or supply superVisor to return items; preparing return items for shipping e.g. packing, wrapping, crating, etc.; completing return shipment report and contacting carrier for pick-up; bbtaining signature of carrier when pick-up made; assigning and attaching asset numbers to new eoulpment, furniture. etc. and recording numbers: checking pin money orders received with debit slip. recording invoice number of debit slip, forwards order to consignee and debit slip to Business Office. Ensures receiving area is kept clean and uncluttered at all times and employs only approved Job procedures when handling or ‘moving goods to avoid unsafe conditions in receiving area and in the loading and unloading of all trucks. RELATED DUTIES: attending ass?!xed lectures, e.g. fire. safety, etc. preparing month I y Volume Indicator Report, e.g. number of shipments received and dispatched; as assigned. The ski 1 1s ,and knowledge required to perform the work Significant knowledge of the duties of a receiver normally acaulred through several years of stockroom or related experience. Ability to follow oral and written 5 lnstructlon and to ma, ntai n clerical records. Good physical condition. The class standards in question are contained withln the Clerk SUDDIV Series. The extensive preamble to the class standard merits repetition: These c I asses cover the positions of employees who .I oertorm a varretv ot clerical, manual, administrative reoalr or ourchasing functions that are common to sr.ockkw+pinq operat,ons In the Provincial Government Service. If any employee specializes in only one of the many tasks involved in the operation of a stockroom. the position should be classified in another series more appropriate to the type of work. For example. oositlons concerned entirely with the clerical recording of transactions should be al i ocated to the Clerk, Genera 1 Series. Positions In which purchasing is the main function should not be classified In this series.~ Many factors, such as the maintenance of the necessary ‘ledger or other records, inventory control, establishment of minimum - maximum requirements, etc., are common to al 1 stockrooms and vary significantly only to the extent that the size of the stockkeeping function varies. Thus, the overridrng criterion In making allocations in this series is the size, as defined in this preamble, of the stockkeeplng function rather than variation In the clerical or administrative functions associated with it. Supervisory positions covered by the classes Clerk 3 to Clerk 6, Supply will be assigned to one class higher in the serves if purchasing. as defined below, is one of the tunctions reauiring a minimum of 20% of working t.1me. DtFINI !IcjN: Si ze .ot Ope~rat j.~.n.; Because of the tremendous varlatlon in the nature and orqanizatlon of stockkeeplng f~unctlons between dewrtmencs. a ,ar2% ":tll"t"~~' t;:":.::"przt:; tne oDeration ot baS?s oft ComDarlson for classification Duraoses, in all deDartments except Health and Reform Institutions. In tne latter deDartments. Datients or inmates are often emDloyed In stockkeeplng operations. Consequently In Ontario Hospitals, the size. in terms oft bed capaci tyl 1s the criteria used. The s,lze alone of a Reform Institution 1 gnores the possible existence of industries. which complicate the stockkeeplng function, therefore the value of annual stock turnover is used as a basis of comparison for the determination of level. Stockrooms having less than 100 different tvDes of SLE!i are, for the purpose of this class series, consldered to be equivalent to specific specialized sections of larger stockrooms, and I the positions wi.11 be classified accordingly. lypes of Stqc& Each type of stock normally requires a separate bin card and consists of a number of identical items. An area specifically designated~for the receipt, secure storage and issue of equl pment and/or supplies and which requires the full-time attendance of one or more employees. Cabinets, closets or cupboard lock-ups used for the storing of small quantities of materials are excluded. W-DIARY STOCKROOM: A stockroom which is physically separated (remotely or by partition or as a secure compound ) from the other supply areas and which. although operated as an entity, forms part of a larger unit of supply organization. specialized Section: _~~_____ A component ut7i.t of a stockroom SDeClallZed function large having a e.g. plumbing supp~lies, clothing, Ilnens, office SuDDlies, etc. which may or may not be Dhyslca I ly separated or partitioned from ttie main SuDDly area. ADart from the exceD,tions mentioned above, the sizes of stockkeeplng operations are defined as follows: 7 ~m~~.!~~st.~.c.~~~~oon! - This IS a small stockroom operated by one employee or by one employee and an assistant. Med! u~m ~S.tOQsyo_o_m - This IS a stockroom which requires a supervIsor and two to four subordlnates. iLar3e $T.ocirii:om - A stockroom which reouires a supervIsor and five to nine subordinates. wx Cs_rge.~..Stpc_k_ro~-~ - A stockroom which requires a supervisor and a minimum of ten subordinates. Supervision: ./ Positions supervised include only those filled by temporary or permanent Civil Servants or by continuously employed public servants who report to the superv7sor for discipline, work assignment and administrative control. This includes al 1 clerk SUPPlY. clerk general, math i ne operating, clerk messenger and driver positions concerned in the overall operatl on of the duties assigned to the stockroom supervisor. No credit for supervision wi 11 be given for non- continuous help, or for employees temporarily on loan from other organi zations. Neither is credit given for emp I ovees who report to the supervisor purely for administrative convenience. when these employees are not lnvo~lved Tn the operation of the stockroom or any of the aux~ Ilary duties assigned to It. Purchasing: In respect to stockroom operations involves locating suppliers, interviewing salesmen, evaluating prices submitted by tender, deciding on the articles to purchase and the actual placing of purchase orders or the submission of purchase orders to a superior for signature. No credit can be given for the purchasing function unless the supervisor is held responsible for the articles purchased and the quotation prices accepted. The automatic requisitioning of standard Items or the ordering. of standard items from assigned sources is excluded from purchasing under this definition. The Grievor’s current classification as Clerk 2, Supply reads: CLERK 2 SUPPLY L-- CLASS DEFINITION: This class covers the positions of employees performing a variety of routine manua 1 and clerical duties in stockrooms. Under general supervision, they carry out a number of the various tasks connected with the receiving, storage, handling and distribution of a wide variety ot eauipment and supplies. They check incoming shl pments anal nst weigh bi I Is for shortage and damage 3” f.rans.li.: check auantlties against packing s~lips and purchase orders: contact suppliers regarding short shipments, delays, back orders etc; place items on shelves or bins, adJustins bin cards to keep perpetual inventory. They also maintain stock ledgers or cards showing,the receipt and issue of all articles including the value of items on hand. They assemble orders for author i zed requisi.tions: tag and address shipments; contact the conveyor and complete necessary records for the transaction. This is a terminal class for employees who perform in a supply area, simple clerical duties in conjunction with tasks requiring the frequent application of considerable physical effort or the operation of mechanical equipment.’ -’ QUALIFICATION 1. Grade 10 or equivalent in academic training and practical experience with ‘a good working knowledge. 2. A minimum of. two years ’ stockroom or related experie .3 . Ab1 Iltv wr1 r.r.en clerica persona ce. to follow simple, specific, oral or 7nstruction.s; ability to maintain records: good physical ‘condition; suitability. The classification requested of Clerk 3, Supply reads: 9 CLERK 3. SUPPLY -__ C~LASs.~PE_FINSTLQN: This class covers the positions of employees who alone, maintain a very sma 1 ~1 stockroom where the record keeping function is elementary. They are responsible for checking that the correct amount and type of goods are received, maintaining security, issuing stock to authorized persons and checking stock levels. This class also covers the positions of employees who, under the genera.1 supervision of a high level supply clerk are in sole charge of subsidiary specialized technical or trade stockrooms. They requisition supplies; ensure the careful checking of incoming stock; the shipment of stock against authori zed requisitions and the security of the stockroom. The responsibility for these stockrooms is a full time occupation often including the repair and adJustment of technical equipment. This class also covers the positions of employees actino as croup leaders. Some of these are in charge Of t~unctiona I units in I arge stockrooms, such as ShlPDlng or receiving. In all positions they assign and check the work. or two or more subordinate personnel. This class also covers the positions of employees who spend at least 20% of their working time in purchasing as defined in the preamble of this series and who report to. a supervisor who position has been upgraded by one level because of purchasing responsibilities. QUALIFICATIONS: 1. Grade 10 or an acceptable equivalent combination of academic training and experience. 2. A minimum of three years’ stockroom or related experience. 3. Abi I ity to follow specific written and oral instructions; a good knowledge of the type of stock involved; ability to maintain records; good physica I condition; supervisory abl lity; personal suitability. Revisea. February_-1~SSS 10 The union argued that the Grievor is currently misclassified and would be appropriately classified as Clerk 3, Supo Iv .under elt,her tne tlrst or second paragraphs OT that class definition. In t.he alternative, Ms. McIntyre requests an Order !DOSt Berry) that the Employer “find or create” an appropriate classification for the Grievor. The Employer contends that the Grievor is currently proper I y classified as Clerk 2, Supply. Numerous arbitral and judicial authorities were submitted by the ! parties. It must be said that the class definitions in question are somewhat dated. Indeed, the Clerk 2, Supply class standard was last revised in September 1965 and the Clerk 3; Supply in February 1969. It appears that the Clerk Supply Series is designed to apply to stockroom attendants and does not contemplate the specialized position of shipper-receiver working alone in a separate area with responsi bi I i ty to maintain security, to receive and ship a complex range of goods, equipment and supplies. Simply stated, the Grievor does not function as a stockkeeper or stockman. I The preamble of the Series specifies that the class standard is designed for employees “who perform a variety of clerical. manual, administrative, repair or purchasing functions that are common to stockkeeping operations”. Admittedly, shipping and recelvlng are common to stockkeeping operations. 11 However 1 the preamble a.1 so specifies that ” i f any employee specializes in only one of the many tasks involved in the operation of a stockroom, the position should be classifi~ed in another series more appropriate to the type of work-. The Board is satisfied that the Grievor IS misclassified as Clerk 2. Supply which by definition is designed to cover “the nnsit1on.s ot employees performing a variety of routine manual and clerical duties in stockrooms”. The evidence estab I ished that the Grievor is a shipper-receiver and not a stockman. The Grievor does not place items on shelves or bins, nor does he adjust bin cards to keep perpetual inventory, or maintain stock ledgers or cards showing the receipt and issue of al I articles and the value of items on hand - al 1 of which are contemplated in the Clerk 2 class definition. Simi larly, the Clerk. 2, SUPPlY class definition does not encompass many of the Grievor’s duties such as security, packaging and shipping responsibilities. However. the Board is not satisfied that the ‘classification claimed is an appropriate classification to adeauately ref I ect the Grievor’s actua I duties and responsibilities. In our opinion, the Grievor’s office cannot be characterized as -a very small stockroomW as contemplated by the first paragraph in the Clerk 3 definition. Similarly, the 12 Crlevor’s oftice is not a “subsidiary specialized technical or trade stockroom” as specified in the second paragraph of the Clerk 3 class def~inition. Rather, the evidence satisfies us that Mr. Marshall’s small office can be properly characterized as a security area for the short term safekeeping of certain items, a5 for example drugs and narcotics. In summary, .the Board finds that the Grievor is current’ly misc’lassified as Clerk 2, SUPPlY. However, for the reasons stated, we cannot agree with the Union’s request for reclassification as Clerk 3, Supply. Fo I lowin the release Of the Ontar i 0 Division Court Judgment 1 n March 1966 in ,OPSEU (Carol Berry et al) and Ministry of Community-and Social ..-.___-. - Services, it is now clear that the emDloyer has both the right and the obligation to properly classify all employees. Accordingly, the Board orders the Employer to find or create a classification for the Grievor which accurately reflects his duties and responsibilities within six 16) months from the release of this decision. fin addition, the Grievor shall be entitled to full retroactive compensation, if applicable, to twenty (20) days prior to the filing of the grievance. The Board retains ,lurisdiction on the appropriateness 13 of the Employer’s reclassification of the Grievor and on the quantum of compensation payable.. Dated at Brantford. this 24thday of January, 1990. R. L. VERITY, Q.C. - Vice-Chairperson I. I 1. ,.' i\..: L,, , J. MCMANUS - Member “I dissent” (Dissent to follow) D. DAUGHARTY - Member