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HomeMy WebLinkAbout1986-0807.Tomassoni et al.89-12-19ONTlrnO cNowNEuPlo”EEs ~~RIEVANCE SETTLEMENT ,BOARD LMROvfSof ‘* COw(ONNf LxL’oMrAFuO CQMMISSION DE REGLEMENT DES GRIEFS J 807/86, 876/86, 878/86, 879/86, 102/86, 1063/86. 1064/86 1065/86, 1079/86, 1080/86, 1327/86. 1328/86, 1332/86, 1333/86, 13"1/86, 1364/86, 1425/86. 1535/86. 2166/86, 2410/86, 8t5/87, 1040/87, 1041/87, 1434/87, 1449/87. 151/88, 151/88 IN TfiE UTTER OP AV ARBXTRATION Under THE CROWN EMPLOYEES COLI$CTI"E BARGAINING ACT Before TNE GRIEVANCE SETTLENENT BOARD ,Between: OPSEU (Tomassoni et al) Grievor - and - The Crown In Right of Ontario (Ninistry of Community & Social Services) Employer Before: R.L. Verity Vice-Chairperson I; Thomson Nembe r A. Merritt Member For the Grievor: For the Employer: Hearings: R. Wells Counsel Gowling, Strathy h Henderson Barristers b Solicitors S. Patterson Counsel Legal Services Branch Ministry of Community 6 Social Services April 24; 1389 Nay 2. 1989 June 16, 1989 September 7, 1989 September 8. 1999 2 DECISION ===‘=====o====+ In this matter, some 71 Grievers who work i,n various Ministry offices throughout Ontario as Vocatlonsl Rehabilitation counse I I or.5 a I lir;?P imnrnnsr classification SOCIAL WORKER 2. The union c I’aims tnar. vocational Rehabilitation Counsellors perform ‘subst.antial Iv simi ‘lar duties” to the posit’lon of Employee Counsellors ~emoloved bv the Ministry Of Government Services who are classifiecl within the management compensation plan as A. M. 16 Administrative ModUle. The reclassification sought is to a Daral lel bargaining unit classification to the cur rent classlflcation of Emplovee Counsellor. It was agreed that the evidence of Ms. Lorna Tomassoni would be heard as a representative ,matter and that the determination oft the Tomassonl grievance would diSDOSe Of all remaining grievances. 1. 2. Evidence was aoduced under both the ~. c. 188s s,te.pd.Er~ s ___ @&!p~xLal, the measurement of the grievor’s Job against the wording of the applicab1.e class standard, and the usa9e... .smrgasf!. name 1 class standard. mother Y. that notwithstanding the emp 1 oyees are performing substantially simi lar duties who are classified in a higher classification. ;:, .- :. XA ~.... : ::. : . . .,., . 3 Vocatqona I RehabllltatJon Counsellors work throughout Ontario to provide vocational rehabilitation services under the author1 tv of tne Vocat?~o.na! Rsha_b.7I.!.tati~O.~ Act Services R.S.O. 1.980. c. 525 and the regulations thereto. The. & provides a varietv oft services i~or a “disabled person” who by definition is “a oerson who because of ohyslca! or mental impalrment is incapable Of pursuinc regularlv anv substanti a I 1.y gainful occupatio,n as determl ned !iY me re.c~~lat.inn.s”. The extensive goods and services orovfded bv the rehabilltatlon orogram are specified in S. 5 of the Act and as Prescribed by the regulations. The ultimate goal of the Vocational Rehabrlitatlon Services Program is to assist any disabled berson to secure either part-time or full-time employment. It would be difficult, if not impossible, in the context of a written decision. to do justice to the mass of evidence and arguments adduced over the course of five hearing days. Nevertheless. we W1.I 1 attempt to summarize the evidence in some salient respects and to p~rovlde the flndlngs of fact upon which we base our decision. I Rehabilitation Ihe rwrnnss ot the rms7tlon ot Vocat7ona Counsellor 1s accurat.e.lv described In an undated (Exhibit 3J as follows: DOSltlOn audit 4 (’ lo rehabi I I tate oersons to their 6Dtimum vocational CaDacl tv whose ohysical. emotional, Or menta 1 disapi lltles Drevent them from acquiring and ma’intalning gainful emDloyment. This 1s achieved through a program Of assessing theTr vocational Dotentia I : determining ellgibilitv and/or feasibi 1 ity: planning Andy recommending assessment, training, and other vocationat services, i.e. restoration devices and medical treatment where needed: and, through. the CounSelling process, enabling the client to achieve an aDproDriate vocational goal .” It was agreed that the Grievor’s position specification and class allocation form accurately reflects her current duties and resDons1oilltteS. The Summary of those duties reads as follows: %mmarv r,f @,ut.les and ResDonslbl I ~t~ls.s 1. Assesses the vocatIona Dotent3al of clients to achieves thelr rehabilitation and diagnoses the psycho-eoclal conseouences of varlous disabi 1 ities by: 40% -- determinlng the eligibility and feasibility for voc/rehab. services .according to relevant legislation. accompanying documentation, consultation, ‘and interview impressions: interviewing clients to determine present needs, extent and significance of disabilities, education, work experience, skills, etc.; consulting with’ members of other prOfeSSiona dlsciplrnes (doctors, teachers, Psychologists) to secure social and case history data of a confidential nature: determining the assessment resources necessary to further define employment potential, and subseguently engaglng the services of qualified Drotessiona Is to Drovlde medical, educational, psychological. and work assessments as reaui red; formulating vocational goals and treatment Dlans tor clients after conslcierlng assessment resu Its , 5 2. Counsels clients to arrive at real~stlc vocationa’l goals an0 ob.Tectives and implements individual tra7nlng plans by: 45% - explorinq preferences and possiole vocational cno1ces based on sound know ledge of training programs and emplovment markets: investigating appropriate pr-e-vocational. academic, or skill training required to meet tne cl7ent’s needs : makTng arrangements for training with trade, technical. and, commercial schools, etc.: following progress of clients during training programs: dealing with problems of truancy, misbehaviour, under-achievement, by utilizing various intervention techniaues, providing indivrdual/group counselling, and other supportive services as need arises: evaluating performance and progress in training to determine modifications in vocational plans and readiness for placement: tacilltating referral to placement resources or I iaising directly with employers to make placement arransements. and providing support and follow-up to ,determlne terminatlon of voc/rahab. serv i 3. Promotes the development Rehabi 1 i tation Services by: 10%; ‘- encouraging emp lovers to hir ‘e and promoting the program PubIlC: A,. continuation or ces. of Vocational the handicapped to the general maintaining liaison wim, and oroviding VRS wo;kShopS,- and pub1 ic speaking etc. consultation to hoSpita’lS, other community agencies; responding to requests for engagements, panel dlsCussTons 4. Performs related duties such as: 5% compiling and submitting month cases to supervisor; developing submissions for restoratlon reduests; as assigned. y statistics on training and The repulred skills and knowledqe COmDOnent reads: / 9: 6 MSW. M.A. In Rehabllltatlon Counsel I ing. Master of Education with counselling emphasis. BSW. York-Seneca B.A. in Rehabilitative Services. the latter two both SUGP lemented wltn re I ated experience. or other accredited aegree in social work.. The work requires a tnorouah knowledRe ot soc7al service and rehabllltation prlnC7DleS. theories and techniques. with proven ability to orxTiv cnem 7n the vocational setting: a good kn.Jw:eq,zs :~t ?lin?strv Droqrams. policies. and services 1s n~~~e.s~~r’.,’ a iorJP Wltn oetal led know ledge agencies/resources Droviding vocational ot community services to the aisabled: knowledge ot the referral procedures of these aRencies is also reaurred. The work requires knowledge ot diagnostic and treatment procedures uti lized by related disciolines: a working know ledge of ail Dertfnent legTs’lation/regulations and their application to VRS programs;~ a good knowledge of varTous.physical, emotional, and mental disabilities and their medical, psycho-socia.1 vocational impact: know 1 edge of occupations and employment markets is also required. Proven assessment, interviewing counselling, and psycho- social diagnostic ski 11s are necessary for the formulation, implementation, and modif ication of treatment plans, and in order to assist disabled clients in arriving at realistic vocational goals. Case management and organizational skills are necessary to anal yze client priorities ‘and meet program deadllnes. Work requires the ability to effectively liaise with, and maintain good working relationships with community aRenci es, other professional staff, and potential employers of VRS clients. Excellent verbal and written communication skills are required in order to address groups, prepare case history reports, and develop suDm1s.s 7 ons for vocational training requests. Interoersonsl ski 11s are needed in order to effectively deal Wlt,h. and establish rapport with clients, families, staff. schools, community agencies, employers. etc. Lorna Tomassoni has worked’ for 11 years as a Vocational Rehabilitation Counsellor at the Ministry’s Toronto South-West otfice. Sne holds a M.S.W. degree from Laurentian university. She described her duties in some conslderable detail over 2 days 7 of testimony. Ms. Tomassonl has’ a’case load of approximately 50 to 60 clients who she describes as “mostly psychiatric”. MS. Tomassoni works under the general supervision of a supervisor who assigns all cases. She is required to determine eligibility for and feasibi Iity Of services in accordance with the net, the regulat3on.s, the policies and procedures as outlined in a comprehens 1 ve PO l,icv Manua I. As a designated senior counsellor, MS. Tomassoni is authortzed~ to purchase private SeCtOr services as fOl lows: in-. .A. .,*a. ,_.~:_~%.~> ,u..-.. I.;l,;.iisA.Ls. _.., i~,.,l,__:~~ /,,. *brlsvd.-i ;.““,“‘Y.‘.‘*l”;;‘“~~~:~~,-;,,,~~~.-~~--.~ ) ? SERVICE &ST LIMIT ; EXCEPTIONS -;.-~.~-~-,---:--;-~“~~-~~~~~ n i ASSESSMENT SERVICES> $2,000.00 : -Extensions or changes to $8 PROGRAMS B program beyond 12 weeks B i 1 $ i 1 -Remedial Assessments 0 i -Assessments at Post I Secondary Educational \ Institutions I i -We-Placement 6’Bmployer I 4 Assessments f i iJob Placement Services I..: .: ,.,, .,,,..,, .,.,.,. ..,,...,.. ..,., :, $2,500.00 i -Provided ,whsn unavailable 1 through Blue Cross or private insurance S -Consult with supervisor 3 when request is for i! restoration services gn& i . . + :i: ,, ,..;:, 1 Y j: Maintenance I Section 3 i during assessments I: A I I owance 1 VRS Act 1 ! i.l/ . ...-” .,.,, ~,ly ,./,,. II._y:~ll.~,l* ,,,, . *ms”I,,zm .,., .I..u.i.u*“,.w”umn;,. _LC*_il~,“_-,.II...-~,-~.,i~~l”“,IYI,IUPIIIIYI. A Vocational Rehabilitation Counseilor is required to JUSt7fy the need for expenditures in excess of the cost limits soscified above. Depending on the type of reauest, the counsellor would obtain authorIzation’ from neither the supervisor or the Selection Committee. The Sectional Committee is composed of the Supervisor of Vocational Rehabilitation Services, the Supervisor of Family Benefits and a Vocational Rehabilitation Counsellor. All rnauasts for exaendltures involving training must be brought be&e the Selection Committee. The counsellor appointment to the Selection Committee IS on a rotattng basis. The Committee meets once a week and makes all declslons based on consensus. Us. Tomassonl testified that in 1986 - 87 the authorized expenditures for her case load alone was 674,266~CO. She estimated that she personally .authorized one-third of those expenditures. However, it, was her testimony that a Selection Committee had never reJected any of hsr recommendations. She agree6 that the counselling component of her Job, including ongoing evaluation of clients. constituted 66% of her actual time allocation. The educatronat comoonent of the’ job includes liaison duties with Toronto’6 Queen Street Menta I Health Centre and liaison with . . .I 9 severa I “half-way nouses” a8 we1 1 a8 serving onthe Advisory Committee of two programs at George Brown College. The c revised on Ju foi lows: ass standard for the Socia Y 4. 1971. The Dreamb Worker Series was last e to the series reads as S-OslAL WORKER SERIES This class series cove& positions in the field of social -welfare which involve the provislon of Drofessional social work services in provincial. programs Of social develODment, adjustment, prevention and rehabilitation. These direct services .assist .lndividuais. families, groups, and communities to achieve and maintain effective personal development and social functioning, satisfying. inter-relationships~ and a better social order. Employees use one or more social work methods to assess, treat or prevent the underlying cau8es Of social uysfunctioning, both personal and envi ronmenta i . They develop and implement aC%IroPt-iate social treatment Dlans and evaluate results. Social work services are given in a variety of community and institutional.setting5. SCCI4L WORKER SERIES Socx.!!4.,W2W5 a?>. : The entry level for recruits with minimum qualifications and no experience. SOCIAL WORKER 2: The full working level for qualified social workers. 10 The class standard read8 as follows CLASS STANDARD: SOCIAL WORUER 2 itions of qualified 1 social work serv c I 7 ents under tne general supervi~sion of a senior Tnls class covers the DOS workers who prov?de professiona social ices to social worker or other proTeSslOnal oraaministrative oTricia1. They conduct interviews, comoi le social histories and formu late osychosoci a 1 di agnosl s of the personal and environmental causes of social dysfunctioning. They imn lement t.reatment clans to assist clients to resolve tneir DroblemS and develop their maximum potential. They orovlde service by any one or a combination of the SOCi8t work methods appropriate to the functions of the department and service. They evaluate the effectiveness of the treatment Dlan and modify or revisea8~neCesSarY. They consult with members of other professional disciplines and may serve as members of treatment teams, institutional and community committees. They may supervise and review the wor~k of social work assistants, child care workers, residential coun8ellors and other staff in the area., They participate in conferences,and group discussions, interpret departmental policy and obJectives, and maintain liaison with other disciplines, jurisdictions, and community agencies. They may assist in the training of departmental personnel and students in social service courses. KNOWLEDGE AND SKI~LLS REQUIRED: -- Thorough knowledge of the principles, techniques, and method8 of social work and ability to apply them in the work situation; ability to formulate psychosocial diagnoses and skill in implementing them; knowledge of d?agnostic and treatment procedures utilized by related dlsclolines: good knowledge of departmental Drograms and DO1 ic1es: ability to develop co-operative working re Ia?.Ionshlps w1 t.h other professlonal staff: personal SUlt.RnlIltv. 11 The Union’s usage argument was Introduced with the testimony of Inno Dube’laar, currently Special Agreements Officer with the Ministry of Community and Social Services. Mr. Dubel aar worked as a Vocational Rehabilitation Counsellor in gellevi1l.e for some 6 years. He was seconded for a 6 month period to the position of Employee Counsellor in Toronto from October 1987 to April 1988. He agreed with the accuracy of the position specification and class allocation form for the Emoloyee Counsellor, which reads as follows: 20. P&.--c-se of Position Under the direction of the Rehabi 1 itation Program Conrainator. to de I iver counsel Ilng and educational services to 0ntar;o Public Service (OPS) employees, and consu Iting and training services .to OPS managers. Specialites in services related to rehabilitation. 21. Statement of Ma.ior Responsibilities 1. Delivers Rehabilitation Program services to assigned ministries by: developing and maintaining liaison relationship with mrnistry representative interpreting Rehabilitation Program policies ana procedures to relevant ministry staff establishing procedures for and regularly reviewing absences of 15+ days due to illness consulting with. manager6 and personnel administrators on the effective management, of sick or disabled employee6 identifying and reporting issues and problems in liaison to Rehabilitation Program Coordinator. 2. Coordinates Rehabilitation ‘services for assigned clients by: - engaging emplovees in a counselling relationship assessing level Oft disabllity and vocational slqniticance 12 assessing optimum services from community assessment and treatment resources, insurance carriers, etc. providing counselling coordinating client’s rehabilitation assessment and tr.eatmsnt plans coordinatlns client’s return to employment and/or oiacement on Long Term Income Protection. 3. Manage6 an assigned case 1 oad of emp 1’ ~experiencing a varie,ty of personal and work identlfylng, analyzing and assessing c 1 selecting and referring to appropr i resources _ oyee clients probleme~ by: ient needs. ate community consulting wltn resources on case management following up with cl rents to assess the effectiveness of the counselling process. 4. Provides consulting service to selected management clients on the handling of difficult work performance problems by: identifying and assessing consulting client’s needs selecting appropriate intervention strategies providing information and advice on appropriate OPS procedures coaching and guiding’ consulting clients on the application of appropriate procedures - following up to assess effectiveness of consulting process. 5. ~Delivere educational sessions to OPS employees. 6. Participates in the delivery of training seminars for OPS managers and personnel administrators. 7. Locates and evaluates referral resources for Employee Counselling Service (ECS) clients by: developing and maintaining a w;;;in;t;t:ationship with assessment, treatment service agencres. groups and individuals throughout Ontario. The thrust of Mr. Dubelaar’s testimony was that the client counselling component constituted Employee COunsellOr's .job. He acknowledged of secondment he received training in ind “close that dur ,i ividual r ‘1 to 90%” of the n9 the period ghts to obtain : 13 various services under the Collective Agreement, but received no training in the provision of rehabilitation ServiCeS. The employer called 2 witnesses - Ms. Patrice McKenzie, currently acting .Manager, Employment Counselling Services (Ministry Of Government Services 1 and Gary Glassford, Vocational . Rehabi Social 1 itati Servi on Services Suoervisor (Ministry of Community and ces). Using the bositlon specification form, Ms. McKenzie described the duties of an employment counsellor as rehabilitation counsel 1 ing, general counselling, management consultation services, employer educatron programs and child care services. Ms. McKenzie testified that 75% of the. Employee Counsellor’s, job iWOlVeS rehabilitation counselling,.lO% general counselling, 10% in the provision of management consultation services and 5% in the educational or marketing Component. She acknowledged that in the past she had hired Vocational Rehabilitation Counsellors t0 work aS Employee Vocati ona vocati ona ,1 I Counsellors. Ms. McKenzie testified that, al though Rehabilitation Counse 1 lot-s possessed “excel lent rehabilltatTona1 skills”, they required training in the area of aeneral counsellinq. The additional training took the form of 7nstruction. In the various cl lent Ministry methods of human resource management. in the various contracts inv.olving insurance carr.lers. In famitlar1zation with the prOViSiOnS of the Collective Agreement and the methods used in general counselling. Based on 14 her experlence.~ 8he estimated that Vocational Rehabi 1 i tation Counsellors would be able to function in all Employee Counsellor duties “after 1 year of service”. Further, it was’ Ms. McKenzie’s evidence that she suoervised Inno Dubelaar during his 6 month secondment to the Minlstry. She recalled that Mr. Dubelaar did not have a typical EmDlOyee COunsellOr caseload in the absence of responsibility for general counselling. MS. McKenzie candidly acknowledged her unfamiliarity with the job specification of a Vocational Rehabilitation Counsellor. Mr. Glassford has been supervisor of Vocational Rehabilitation Services since 1979. Ha outlined the organizational structure ot the M?nlstry’s Toronto South-West ‘office and the various duties reoui red of Vocational Rehabilitation Counsellors. He emphasized that counsellors cannot tiuthorize training program expenditures but must seek approval of any such expenditure, on an annual basis, from the Selection Committee. He testified that as a general rule, the more costly expenditures were for training purposes. He disagreed with direct authorization of expend i, 20%” Of annual exDenditures for MS. Tomasson?‘s evidence on her tures, In his opinion. “less than purchase of service .would be made directly. by a counsellor , In addition, he explained that in his Toronto office a Vocational Rehabilitation COunSellOr must work on the .lOP for two Years Drlor to being cons>dered a designated Senior Counsellor. . .,,. . . .‘.:: ., The Unlon argued that the Grievor was misclassified as a Soc7al Worker 2 orlmarily because the class standard did not contemnlate invoivemsnt 7n the aom7nistraiion of a prov7ncial orogram. In the alternative. under the usage argument, the job being berformsd by a Vocational Rehabilitation Counsellors is “substantially similar” to the job of Employee COunSellOr classified 7n the h7gher classification. In the further alternative, the Union seeks an order (post Berry et al) that the Embloyer “f7nd of create” an approDriate classification for the reoresentative Grievor. Mr. W811S submitted the following authorities in subport of hi6 position: ~CPSEU (C. W. Cannino. et a.1 I and_..-.M.jD&%ry of -Government Services, 558/84 (Brent); 0m .mh_l. et~.._a_l__.am Ml.n-~.stry .N_t_h_eA.ttcr-tel..._ G@I!%l, 59 l/95 ( Samue 1 S ) : Mi n.js&r~ofTrQK@~and LOWMAN &._a_l_..~n~., zh8 13/82, (Saltman): T.~e,..J.~age~.~-..Pe Ontario Oivisional Court in Bre.cht and Mlnistrv ~of.. ~.C.ommu.n$_ty-_~~ Social Services, dated December 21, 1962: me Ju_dg.em~ntof- the Ontario Divisional Court .i .~L*mm.~....a~n.d_ -?JE.Minis.tx~.~~f Transportation and Communications, det8o May 18, 7985: and DPSEU(Shsron _8oard of Ontario, 7553/85 (Draper). The employer contended that the representative Grievor was currently broper7y, classified as a Social Worker 2. Mr. Patterson argued that the evidence did not support a finding of substantial similarity between the oositions of Vocational R8habll7tatiOn COUnS877Or and Employee Counsellor. The Board was . 16 referred to one authority: namely, QPSEU (Crockford et al) and H1nLs.t-ry_.p_f,.-~p_nlmuni~~and Social Services, 548/83, (Roberts). The first Issue 7s whether or not the representative Grievor is currently misclassified. In that regard, the Board’s .lOrl IS to asSeSR the Grievor’s actual duties and responsibilities against the r-e levant c lass standard. The Union acknowledges that tne counselling comoonent of the position is described in the standard. Clearly. counselling is the core function ‘of the Grievor’s job. However, the Board is satisfied that the Grievor performs certain administrative responsibilities in the delivery of the Ontario Vocational Rehabilitation Services Program that are not contemplated by the Social Worker 2.class standard. . On the evidence adduced, the Board finds that the Grievor determines “eligibility” for services and, if applicable, the “amoUnt or nature” of ‘those services pursuant to the Vocational Rehabilitation Services Act and regulations and the Ministry’s Policy Manual. Under S. 8 of’ the @, the “Director” has the st.atutorv mandate to determine both the eligibility of the each applicantand the level of services to be provided. for obvious practical reason5, those duties nave been given to VOCatiOnal Rehabilitation Counsellors. Vocational Rehabilitation Counsellors have direct authority to author 1 ze the expenditures of limited sums of money 17 for certain specified program ob.jectives. The Selection Committee approves all training expenditures and other matters on the basis of consensus. Accordingly, we find that the Grievor has the effective, if not the actual authority, over the expenditure of brogram monies. It must be said that the Grievor’s administrative role is significant. Accordingly, we find that the Grievor’s admin.istrative duties are beyond tnose of a typical Social Worker as contemplated by the current class standard. Admittedly, the preamble of the series refers to “positions which involve the Drovision of brofessional social work services in provincial programs”. .There 1s. nowever, a difference between involvement in a provincial program and the partial administration of such a program. As indicated previously, the. Social Worker 2 class standard has not been reviewed since July 1971. While we would agree that class standards should be rev i se6 infrequently; they must be subject to periodic revision in order to reflect the current state of the art. For al conclude that the Qrievor is misc of the foregoing reasons, we assified as a Social Worker 2. However, the Board is not persuaded that the Grievor oerforms work which can be characterised as “substantially the same” or “suhstant 1 a I I Y slml lar” to the position of Employee Counsellors. .: . Mr. wells candidly acknowledged that the Grievor does not oerform management consulting services which constitute 10% of the Employee Counsellor’s Job. The Board agrees with Mr. Patterson’s contention that a 10% difference in jobs does not demonstrate substantial similerlty. In our opinion, there are significant differences between the two positions. To illustrate a few of those differences - Employee Counselll or6 are required to be familiar with the Co118 ective Agreement in serving members of the Ontario Public Service: Employee Counsel lors.are required to work with insurance carrier personne 1 on a frequent basis and to understand the nuances of insurance policies; Employee Counsellors are required to have detailed knowledge of the various personnel practices emo loyed bv each Ministry and to negotiate with management on SUM issues as the returtiof L.T.I.P. employees: and Employee Counse I lors do not determine eligibility nor do they administer the expenditure of funds. In addition, as we understand. Employee Counsellors need not be qualified social workers. In the result, the Grievor has failed to persuade us as Ilel classification claimed. ,’ to the merits of the para However, the remedy on a finding of improper classification is proper classification. Following the judgement of Mr. Justice Reid in Th_e.Ju&c_lAl Review of_OPSEU (Carol Berry et al 1 Wnd ~,Mln!str)! 0,’ comm_u_o~~~._~~d.-So.c~~~.~S~r~c~ I 211/83, the Board’s remed,ial mandate is “to effect a proper classification”. The exclusive autnoritv to classity employees remai.ns with. the d 19 Employer. However, in the exercise of our remedial authority, the Board orders the EmblOyer t,o find or create an appropriate classification in this matter within six months of the release of t.his decision. It may well be that the Social Worker 2 class standard is deemed aoprooriate with certain modifications to reflect the Grievor’s actual duties and reSpOnsibilitie6. Alternatively, the Employer may choose to create a new class standard. Following the’resolution of the classification issue, the Grievor shall be entitled to receive full retroactive COmpenSatiOn, if any, together with interest on such retroactivity, subject to the 20 day rule prior to the filing of the Grievance. The Board shall remain seized in the event of any difficulty encountered in the implementation of this decision. DATED at. Brantford, Ontario this 19th day of December , 1989. ‘( ,-;-I-., L A-< + ,..--* i?. L. VERITY, Q.C. - Vice-Chairperson