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HomeMy WebLinkAbout1986-1750.Crnkovich.92-12-17_. ONTAR, EMPLOYESDELA COURONNE CROWNEMPLOYEES OE“ONTARl0 GRlEVANC,E CQMMlsSlON DE SETTLEMENT REGLEMENT BOARD DES GRIEFS JELfPHoNEITLwPHoNE: ,4 r6, 3*s- ,388 FACSMLE~EELECOPIE : ,d 16) 326. ,396 IN THE MATTER OF AN ARBITRATION Under '_ BETWEEN BEFORE: FOR THE m FOR THE EMPLOYER HEARING 1750/86 THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD OPSEU (Cmkovich) - and - Grievor The ~Crown in Right of Ontario (Ministry of Correctional Services) Employer H. Waisglass Vice-Chairperson E..Seymour Member M. O'Toole Member N. Roland Barrister & Solicitor J. Benedict Manager, Staff Relations and Compensation Ministry of Correctional Services- January 13, 1992 > March 2~,. 1992 April 14, 15, 1992 September 21, 1992 October 30, 1992 2 DECISION This classification grievance is referred to this panel from another panel, chaired by Vice-chairperson Martin Teplitsky, established especially for the purpose of deciding OAG grievances. The grievor is classified in the Office Administration Group [OAG].at level 8. The grievpr claims the position is wrongly classified within OAG and insists that it belongs to a classification within the Management Compensation Plan (MCP). The Employer acknowledges that the position is classified incorrectly at level 8 and claims that it is properly classified within OAG, but at a higher level. - Counsel forthe Employer submitted that the Board does not have jurisdiction to provide the grievor with the remedy she requires, to have her position placed in an MCP [Management Classification Plan] classification. Counsel for both parties agreed that this jurisdictional question should be decided before proceeding to the questions on merit. The written decision on the jurisdiction issue was issued February 28, 1992. We decided that the Board has jurisdiction to classify a bargaining unit employee in an MCP classification where it is the most appropriate remedy for an incorrectly classified position. We proceed now on the questions of merit. The Employer.claims that the position"is correctly classified within the OAG at the appropriate level. The Union claims that the position is wrongly cIassified at any level within OAG, and that it is correctly classified either within the MCP or, in the alternative, in an equivalent classification tom be created by a Berry-type order of the Board for the purpose of properly classifying the grievor. The issue we must first decide is whether or not the grievor's position is correctly classified within the Office Administration Group [OAG].. It is agreed fact that the class standard for the OAG is contained in Exhibit 7. The grievor's duties and responsibilities are described in the Position Specification dated September, 1986 [Exhibit &Tab C], and are modified and amended by the direct evidence given.at the hearings by the grievor and by her imnediate supervisor, Mr. D.R. Bevilacqua, the Area Manager for the Operations Division in Thunder Bay, in the Minist.ry's Northern Region, Probation and Parole Services. It is our duty to determine whether or not the core duties and responsibilities of the grievor fall within the Class Standard. ON THE OAG CLASS STANDARDS The Office Administration Cateaorv.contains four arouus: the Office Administration Grouu; the Data Processing Group; the Court Reporting Group; and the Microfilm and Whiteprint Operation.Group. The Cateaor$ Definition [Exhibit 7--Class Standards] “covers positions in I which the primary duties and responsibilities involve" five "functional areas". The first of the five functional areas is described as: “positions which provide office services in support of office administration functions as defined in the group~definition for the Office Administration Group series". The Catkgory Definition cautions: UA position should snot be allocated to this category if the primary duties and responsibilities are more appropriately covered by the definition of another category." The Grouo.Definition states that the OAG 'covers positions in which the primary duties and responsibilities involve one or more of the following: U- the preparation, collection, transcription, recording, filing, cataloguing, maintenance, examination and verification of 'records, reports, applications, and other documents. These functions are performed either manually or by electronic processes involving the operation of equipment such as typewriters, dictating machines, word processors, micro-computers, and computer terminaIs; U- the investigation, analysis and evaluation of situations involving t,he interpretation and/or application of rules, 4 regul.ations, policies and/or practices in order to establish eligibility and/or compliance, and/or to support.specialised or semi- professional programs; &- the provision of office administration services including secretarial services; T ((- the transfer and/or processing of information and internal' communications including the provision of interna mail services and the operation of office equipment for these purposes. This equipment includes: electronic data entry/keypunch equipment, telephone switchboards, teletype machines, photocopying, duplicating, and mailing equipment, calculating and bookkeeping machines and the like; *- where required, the provision of any of the above services to clients/public in a language other than English. "A position should not be allocated to this group if the primary duties and responsibilities are more appropriately covered by the definition of ."ahother group." The OAG Class Standard [Exhibit 71 includes the definitions cited above as well as a factor point rating plan; levels [classes and point ranges]; factor definitions [knowledge, skill, judgment, accountability, group leadership7; -. and example positions [A to V, inclusive]. ' SUBMISSIONS Counsel for the Union submits that the grievor serves essentially as the office manager for the Probation and Parole Services based in Thunder Bay and that she has duties as an office manager which are similar to the duties of the. Office Manager in the Thunder Bay Jail [Exhibit B-Tab I]. While he acknowledges that there are some obvious differences in the duties of the two positions [unlike the grievor, the Office Manager of the Jail is responsible for hiring and evaluating staff; .for directly supervising an Inmate Record 5 Supervisor, an Invoice Processing and Purchasing Clerk, a General Clerk and a Storekeeper; indirectly supervising 2 full-time Clerk Typists and.a part-time Library Technician; serves on a& chairs management committees; etc.], Mr. Roland submits that these.difference are not significant, and are not sufficient to prevent her reclassification 'tinto a higher classification to reflect her current duties and responsibilities which are comparable in most respects",to the job of Office Managers, Thunder Bay Jail, which is in a managerial classification. I do not agree with Mr. Roland's submission that these differences are not significant, but I do, agree that they are not sufficient, by themselves and standing alone, to prevent her reclassification into a higher managerial classification, on the very important qualification, however, that she must possess other responsibilities at the managerial level to compensate for those in which she is deficient. This is what distinguishes the McSevnev case, cited below, where the grievor had complete cont~rol of the production system, comprehensive managerial decision-making authority and accountability regarding the quantity and quality of work performed, including complete control'of the technology, equipment and supplies used inthe production process; these managerial duties compensated~ for the lack of a clear responsibility for the supervision of personnel, particuIarly for 'taking disciplinary action'. The facts in the instant case are substantially different and do not support a similar conclusion. Mr. Roland relies on Re McSevnev. 960189 (Ratushnev), where the Board found: "The only area in which the management position differs from that of the Grievor is in relation to the supervision of personnel. The benchmark position is related to a laboratory which is larger than that supervised by the Grievor. It requires the supervision of nine technicians as-~~ opposed to four by the Grievor. The management position also has the responsibility of “taking disciplinary action"whereas the Grievor's most recent position specification speaks of ‘referring unusual matters and disciplinary~matters to a Supervisor'. . . We are of the view that these differences do not affect the essential merit of the grievance. As will be shown below, the differences in core duties between the grievor's '. job and the comparator position are much more profound than what was found in McSevnev. At this point, it should suffice to point out that McSevney had “de facto over-all responsibility for the entire operation" of a colour film processing laboratory, including the responsibility for directinq highly technical and complex production work, "for meeting time and volume demands as well as for the quality of the work performed by other technicians/She monitors the production of the entire laboratory and assures that equipment is used efficiently. * “In other words, she is concerned with the comprehensive and cybernetic operation of the entire laboratory." The Board's findings that such core duties were not recognised by the class standard resulted in McSevney's removal from the class standard. Similarly, in order to remove Crnkovich, the grievor, from the OAG classification, we must first find that she has significant core duties which are not recognised by the OAG class standard. Mr. Roland submits further that the grievor's duties and responsibilities, as the manager or administrator for the office, involve much higher levels of initiative and discretion than what is contemplated in the definitions for both the Category and the Group. He denies that she provides “office services in support of office administration functions" because she is the office administrator. As such, she is the recipient of the support services, in particulqr,.the secretarial support functions which are at the low level contemplated by the class standard. As the administrator or manager, he claims, the grievor is above the suouort services function described in the Group definition and therefore her job is out of OAG~. ~~ Counsel for the Employer submitted extrinsic evidence on some class standards of typical jobs that were replaced by OAG, in order to show that the word uservices" in the OAG Class Standard has a wider meaning, covering a wider range of levels of supervision, initiative and discretion than what is suggested by the Union's counsel. Mr. Benedict suggested that there may be some patent ambiguity in the words “services", "office" and “administration", ~. . 7 because, standing alone they could be either meaningless or in the alternative they might be given a very wide range of meanings. We decided not to admit the extrinsic evidence because we find no ambiguity. The words %ervices", “office" and YadministratiAon' do not stand alone. They- find their exact and intended meanings within the context of the ,entire Class Standard [including the factor definitions and example positions],.and not just within the definition alone, as the Union's counsel suggests. Rather, one need look only a little beyond that definition to the "factor point rating plan" within the OAG Class Standard, in order to see fairly clearly and precisely that a range of levels is,qntemplated,.somewhat above and beyond the limited low levels indicated in the Union's submissions: “These standards use~a point rating plan to evaluate a heterogeneous range of positions.in the Office Administration Group. . . . The plan defines several levels for each factor and establishes a point value for each level. ._. While these factors may n&describe every aspect of the position being evaluated, they deal with those major characteristics. which can be defined, distinguished and measured in determining relative values of positions. The five factors used in the Plan are: Knowledge [ 5 levels], Skill [ 4 levels], Judgment [ 4 levels], Accountability I: 4 levels], and Group Leadership [ 2 levels]." (See page 3 of the OAG Class Standard) Employer's counsel relies upon the following GSB~cases: Elrick et al. 10/85 et al [Dissanayake]; Ennis et al. 17/85 et al [Kirkwood]; Lunn. 595A/90 [Dissanayake]; Evans. 1531190 [Samuels]; Ackert. 559/90 [Keller]; Jalea/Green. 1052/89 et aIrLow]; Braund et al. 39/89 [Slone]; Edwards/Maloney. 11/78 [Swinton] We accept the Employer's submission, which is supported by the case law, that we must first find that the grievor's position does not reasonably fit the OAG Class Standard before we examine the higher classification claimed by the grievor. a These views are well expressed by arbitrator Dissanayake in m(p. 16): "The Board has no inherent equitable jurisdiction. (Re Haladay, 94/78 (Swan). It derives its jurisdiction in relation to classification grievances from section 18 (2) of the Crown Employees Collective Bargaining Act and Article 27(more particularly 27.11.1) of the collective agreement. An employee's right to file a classification grievance also flows from these provisions. Section X3(2) of the Act gives the employee a right to grieve, and the Board a right to consider a grievance,. ‘that his position has been improperly classified'. Under article 27.11.1 of the collective agreement the right to file a grievance is accorded to fan employee who alleges that his position is improperly classified'." In other words, we must first find a wrong before we look for a remedy. We accept also the Employer's submission that the grievor's core duties, and the “primary duties and responsibilities* of~the class standard, overlap with some of the duties of the Office Manager, Thunder Bay Jail, and that such overlap is not unusual, as explained by arbitrator Swinton. We. agree with Vice-chair Swinton's statement in Edwards/Maloney: “Job classifications often contain overlapping duties, for it is difficult to design watertight job ccmpartments. This makes the task of classification more difficult, although it does not necessarily mean that the grievors, because they.perform many of the same tasks of the -senior classification, are entitled to that senior classification. . . . The tasks performed by individuals in different classifications may .appear very similar, yet it must be kept in mind that the classifications have been designed for a purpose - whether to reflect different emphases with regard to similar tasks, or to reflect greater discretion or responsibility by those in one of the classifications, or to reflect the higher qualifications demanded of'those in the senior classification . . . . An arbitration board must therefore be _ 9 particularly careful in assessing classification grievances where there is an extensive overlap in job duties, so that a decision does not _ ..< interfere with the overall aims of the classification system. The onus is on the grievor to show that he falls within the higher classification, and where there is an extensive overlap in job duties, he should show.that his job, in practice, is the same.as that performed by a person properly within the higher classification." We accept also the following criteria for distinguishing a core duty, as expressed by Vice-chair Keller in Ackert: “It is natural that persons perform duties beyond those specified in the class standard: a qualitative and quantitative analysis; however, is required to show whether they are sufficient to take the duties as a whole out of the Class Standard. Our conclusion is that~while the grievor may, at times, perform some of the additional duties as proposed, the incidence, frequency and importance in relation to his other duties do not result in their being other core duties." Finally, the Employer's counsel submits that while there may be the appearance of considerable overlap in duties between the grievor's job and that of the Office Manager,.,Thunder Bay Jail, the evidence does not support the claim that the grievor has any distinguishable core duty that would take her out of the OAG Class Standard. It is clear that the grievor does not have one core or primary duty that does not properly belong within the OAG. -. ,/ ON THE GRIEVOR’S DUTIES AND RESPONSIBILITIES .;, Ms. Crnkovich commenced employment with -the Ministry in 1978 as a Clerk 3 General at the Thunder Bay Jail. As the result of a competition she was promoted in 1981 to the position of Administrative Services Clerk, Probation and Parole Services, Thunder bay. At that time the position was classified as Clerk 4 General. It was subsequently recla,ssified to OAG 8. Ms. Crnkovich's grievance is dated December 24, 1986. 10 The grievor testified on her own behalf with the assistance of Exhibit 8, a compendium of documents relating to her statements of claim, including her ., ~.personal notes [describing the importance o.f her duties and responsibilities], the position specifications for her own job and for comparator positions, and certain budgetary and other documents related to work she had performed. ,We found that some of her documentary and direct evidence pertained to periods ii., subsequent to the date of her grievance. Much of this we did not accept i.n evidence as relevant to the issue we are to decide: I'das the grievor wrongly classified according to her duties and responsibilities at the time of her _ .arIevance? Examples of her more recent work were accepted in evidence only where they were clearly affirmed to be representative of her duties and responsibilities at the time of the grievance. .I 2.. The evidence given by the Area Manager supported the direct evidence of the grievor that certain amendments to the Position Specification are required. However, where there are differences in their evidence,,\*{2 have accepted th2 evidence of the Area Manager. Her claim that her “primary duties and responsibilities are to provide financial and administrative management", that she, and not the Area Manager, is “the sole person in the office that controls financial and administrative factors neces&ry for the functioning of the office" is not supported by the facts. She testified that he takes credit for her responsibilities, while 11 his “only involvement is to sign" the financial and other documents which she,; prepares, signs, and submits for his approval and signature. To support her claims for managerial responsibility the grievor brought attention to Exhibit 8-G [Accounts Signing Authorities] which lists the payroll and accounts payable transaction documents which she isrequired to prepare and sign '[except one--Travel Claims], all of which she submits for the, approval and signature of the Area Manager: *hours--Part Time Casuals; Payroll Deletions; Overtime-Shift Premium; Temporary Help; Vacation Advances; Error Adjustments; Invoices; Requisition Remittances; Travel Claims; Petty Cash; Receiving Reports; Journal Entries; Error Adjustments; Revenue Transmittals; Exp. Refund Transmittals; and Revenue Refunds." Regarding her.work with these documents, there is nothing to suggest that they involve managerial functions, authorities, and controls which reside with the grievor. Rather, the grievor's work on these documents are essentially clerical, bookkeeping or accounting:tasks which involve the following activities, asdescribed in the Group Definition of the Class Standard [see .above]:' “the preparation; collection, transcription,~ recording, filing cataloguing, maintenance, examination and verification of records, reports, appbicqtions, and other documents. Etc."; and also, "the investigation, analysis and evaluation-of situations involving interpretation and/or application of rules, regulations, policies and/or practices in order to establish eligibility and/or compliance, and/or to support specialised or semi-professional programs." We have amended the grievor's Position Specification, in accordance with her direct evidence and that of the Area Manager, to. show that the grievor is responsible for "preparing all of the~required budget documents such as budget status reports, Y.O.A. cost sharing reports and budget calenderization and estimates by tracking, retrieving and summarising expenditures"; and to indicate also that she is responsible for “providing group leadership to the secretarial employees to ensure that the standards of quality and quantity of secretarial services are met." ,- 12 In addition to the changes noted'above, we ,accept the remainder of the Position Specification on the grievor's resoonsibilities for administrative/ clerical services: “Opening, stamping and distributing incoming mail. Maintaining concentrator account including writing and signing cheques, coding expenses, preparing expense accounts, balancing,~ preparing remittance sunmraries, preparing bank reconciliation statements, maintaining and balancing petty cash and administering transfer payment system. Maintaining adequate level of supplies through local purchasing ormain office requisitions. '. Ensuring that service contracts to area equipment such as Dictaphone mach~ines and typewriters are renewed~according to ministry purchasing schedules. Maintaining contact with suppliers in order to reconcile invoices with requisitions/purchase orders and resolve discrepancies. Arranging and ensuring complet.j~on of repairs and maintenance on all area equipment and recording appropriately. Maintaining inventory records for area. .Mainfaining area work load sumnaries~and Y.O.A. statistical information. Verifying computer data printouts and telephone logs. Providing direction to staff and agencies regarding completion of worksheets, forms, statistical reports, etc. Maintaining local retention schedule and ensures the destruction of client files in~accordance with Ministry policy and Y.O.A. legislation. Liaising with main office and Ministry of Government Services (landlord, re problems concerning cleaning, park?ng, accommodation maintenance) etc. Maintaining various manuals such as policy and procedures, probation and parole, etc. assigned to the area." We accept the grievor’s claim that she spends only about 9% of her time, rather than the lS%+hown in the Position Specification, in performing the "Personnel/Payroll functions by: Explaining.ministry policies, procedures re: employment benefits,~workirig conditions,etc. to staff. Ensuring ~accurate completion of employee documentation for appointment and separation. Maintaining personnel files. Maintaining CARS [attendance records] system and resolving any discrepancies. Ensuring merit increments, appraisals, underfill removals are submitted on schedule. Liaising with support services such as Personnel and Payroll concerning errors and discrepancies. Participating in selection and orientation of support staff. As assigned. She confirmst that these personnel/payroll functions are.accurately described. 13 The grievor claims she spends much less than the 5% of her time shown on the Position Specification in performing secretarial duties for the Area Manager. It appears she assigns some of these tasks to the secretaries. Apart from the claim she spends only about 15 minutes per week on them; she acknowledges that her secretarial duties are accurately described in the Position Specification .as follows: “Typing letters, memoranda; reports and various documents, some of a confidential nature such as P.P.R.'s and disciplinary reports. Composing routine correspondence on own initiative or from verbal or written instructions. Maintaining are filing system of confidential and routine correspondence, forms and reports. As assigned." We examined and considered carefully the evidence on the arievor's major core duties and resoonsibilities which pertain to the oreoaration and maintenance of financial and bud etar v records and documents. Our judgment isthat they a are not managerial, but rather they are essentiallv bookkeeoina and/or accounting functions which are very clearly within the definitionof the OAG Class Standard, as set forth above. No doubt the grievor has full responsibility for the preparation of all budget documents, but she does not make the budget decisions. She is responsible for the documentary supports for the budgetary decision-making process, Stie is not responsible or accountable for the budgetary decisions, for determining the financial resources that are .made available for the probation and paroIe services which are under the Area Manager's authority, nor does she have discretionary power to authorise the use of available funds or, to transfer budgetary allocations from one objective to another. The Grievor does not have authority to-make or approve.expenditures, except for very limited amounts, set within narrow limits, atid for very limited and specific purposes [certain supplies and petty cash payments] which are authorised by the Manager. In any event, these are marginal or incidental duties and not core duties. If she did have core duties for decision-making on financial resources at a significant level, high enough to be beyond the limits of the compensable factors contemplated by the OAG Class Standard, such higher levels of financial responsibility wouId be sufficient to persuade the 14 Board that the grievor's duties are beyond those assigned to the OAG. If the grievor's duties could satisfy such requirements, her grievance would succeed. The evidence, however, fails to satisfy this test. The grievor's work regarding the budgetary documentations are essential and important support services which enable the Area Manager to carry out his budgetary decision-making duties on the appropriate and timely use. of the financial resources for which he is accountable. The grievor is held accountable for different but nevertheless very important functions: for the efficient and effective preparation of the budget documents in a timely manner. Her core duties reaardina budaet documents are very important,' but .they are not managerial. They fall very clearly within the OAG Class Standard. The grievor's position title is Administrative Services Clerk - Thunder Bay. The purpose of the position, according to the Position Specification, is *to provide and co-ordinate administrative/clerical support services for the Area Manager." The evidence affirms ,this as the clear purpose. The Area Manager, not the grievor, has the over-all responsibility and authority for the direction of the staff, funds and other resources assigned to him by the Ministry for the operations of the probation and parole services in the Thunder Bay Area. The grievor, three to five full-time secretaries, and several probation'and parole officers, ~a11 report directly to the Area Manager, who is responsible also for negotiating contracts with a variety of community agencies funded by the Ministry, monitoring them, and assuring, compliance. A central issue in this classification grievance involves the functional distinctions between manaaerial and administrative oositions. It appears to be more than a semantic problem. The grievor believes her duties are more managerial than administrative, that her manager gets credit for the duties which she actually performs with considerable diligence and care. There is no ~question that she does her~job'proficiently. That is not the issue. ,The issue is where to draw the classification line. Where are the boundaries between 15 managerial classifications and the administrative positions which fall within the OAG? What.is the nature or character of the duties and responsibilities which distinguish them? A manaaer is assigned the power and authority for directing and controlling the appropriate use of human {manpower], financial {capital], technical {scientific} and other resources which are assigned to him/her by a'higher authority within a hierarchical organisation for the clear purpose of performing assigned functions and achieving the organisation% objectives. The manager is held accountable to senior levels within that hierarchy for the - effective and efficient use of the staff; financial and other resources made available to him/her for those functions and objectives, within the defined area for which he is responsible. In this context, we draw attention again to the McSevney case where.a classification grievance succeeded mainly because the grievor proved she had a high level of power and authority for directing and controlling technical resources, quite apart fromher duties regarding human and financial resources. The Area Manaaer is responsible and accountable for making the.decisions, within the span or scope of authority assigned to him by higher levels of the Ministry, on the best use of the personnel [staff], financial, physical [space and equipment], technical and other resources made available for the purpose. of carrying out the mission and achieving the objectives of the Probation and Parole Service, within the geographical area for which he is appointed. The OAG Class Standard obviously does not contemplate such powers and authority, at such levels, with such a wide span or scope for decision-making, in directing staff,,and in directing the use of the available financial and other resources. Very clearly, the Office Manaaer, Thunder Bav Jail, has definite managerial responsibilities for the direction of staff, ~including hiring, evaluating and disciplining, which definitely do not reside in eitherthe grievor's position 16 or in the OAG Class Standard. The grievor serves as group leader for several secretaries. The Office Manager supervises several employees who report to him/her directly [an Inmate Record Supervisor, an Invoice Processing and Purchasing Clerk, a General Clerk, and a Storekeeper], and others indirectly [2 full-time Clerk Typists and a part-time Library Technician]. Then grievor's duties and her level of responsibility.as a group leader for secretaries is clearly within the OAG Class Standard and within the'limits of its compensable factors. The Office Manager's.core duties for staff supervision are very different duties and they'are at a significantly and substantially higher level, at a distincly managerial level, which is very - clearly above and beyond the OAG Class Standard and its compensable factors.- Similar distinctions ,in levels of authority, responsibility and accountability may be made between the two positions regarding~their budgetary and financial duties. It suffices to say, as already indicated, that the grievor's core duties, insofar as they relate to the budgetary/financial areas, are essentially clerical and administrative functions which are within the OAG Class Standard and within the limits of OAG's compensable factors. The Office Manager, Thunder Bay Jail, was not brought forth as a witness to present us with direct evidence on that position. Nevertheless, based on its current Position Specification, we took a holistic view of that job as against a holistic view of the documentary and direct evidence we have on the grievor's job. We came to the conclusion that the total nature and character of the two jobs are entirely different, in spite of some apparent overlap of clerical and administrative functions. One of the grievor's core duties, as noted above, is to Drovide secretarial services for the Area Manaaer. as well as aroup leadershio for the secretaries that assures the provision of such secretarial support services for the probation and parole officers. What does the group leadership involve? She ',.I delegates to the support staff routinework like correspondence, photocopying, and overload from tier own work duties. She assures,that they are familiarwith the procedures, practices and policies of the office. The grievor collects 17 information from the support staff for the preparation of periodic reports '+'- such as on case-loads, and she also disseminates information, to assure that the secretaries are familiar with directives from the Head office and Regional Office and that all information systems are functional, including the security of confidential information contained in the computer system. She is responsible for the allocation of passwords for accessing the system. She also deals with the complaints of the probation and parole staff regarding support .services, as well as the personnel problems and peer conflicts within the support staff, before they become serious problems or grievances that would require the attention of the Manager. The group leadership duties and responsibilities, together with her own secretarial duties for the Area Manager, take about 5 to 10% of her time. All of these duties pertain to Yhe provision of office administration support services including secretarial services" and to a significant extent they involve "the transfer and/or processing oft information and internal communications"~[See Group Definition at page 2 of the Class Standard]. These duties clearly and definitely fall within the-OAG Class Standard. The grievor's,core duties oertainina to the personnel and oavroll functions :~ [as described above], are all administrative/clerical functions which fall clearly within the Class Standard definition: “the preparation, collection, transcription, recording, filing, cataloguing, maintenance, examination and verification of records, reports, applications, and other documents", as well as Yhe transfer and/or processing.of information and internal communications including the provision of internal mail services* [See Group Definition, as cited above]. These duties and responsibilities also very clearly and definitely fall within the definition of the OAG Class Standard. a a CONCLUSION We have examined thoroughly and we have considered carefully all of the evidence. It is our judgment that all of the grievor's core duties are clearly and definitely within the OAG Class Standard. The grievor has not satisfied the burden of persuading the Eoard'that any of her core duties are such that they do not belong within the OAG. We now refer back to the parties the issue on the determination of the appropriate level for thisposition within the OAG. FOR THE REASONS SET FORTH HEREIN THE GRIEVANCE IS DENIED. DONE AT ~-GiGito, ont&k'l^o ; THIS 1i'fi DAY OF necemberl992 “I Dissent” (dissent to follow) ___-___-___--__--__------------- E. SEYMOUR, MEMBER 2% 7 &z& ________-___-_---__------------- M. O'TOOLE, MEMBER