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HomeMy WebLinkAbout1987-2319.Reuters.90-03-07 ONTARIO EMPLOYES DE LA COURONNE GROWN EMPLOYEES DE L'ONTARIO GRIEVANCE COMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, TORONTO, ONTARIO. M5G 128-SUITE 2100 rELEPHOIVEE1-rtdPHONE 180,RUE DUNDAS OUEST, TORONTO, {ONTAAIO)M5G 1Z8-BUREAU 2100 (416)598-0688 2319/87 IN THE MATTER OF AN ARBITRATION Under THE�`tkOWN EMPLOYEES COLLECTIVE BARGAINING ACT Before-. THE GRIEVANCE SETTLEMENT BOARD BETWEEN: OPSEU (Reuters) Grievor and — The Crown in Right of Ontario (Ministr-y ,of Government Services) Employer BEFORE: B.B. Fisher Vice--Chairperson M. Lyons Member D. Clark Member FOR THE M. Ruby GRIEVOR: Counsel Gowling, Strathy & Henderson Barristers & Solicitors FOR THE R. Little EMPLOYER: Counsel Hicks Morley Hamilton Stewart Storie Barristers & Solicitors HEARING: July 31 , 1989 i i This is a classification case. The grievor is employed as a Senior Lease Project Officer for the Ministry of Government Services. At the time of the grievance he was classified as a Real Estate Officer 1 (REO 1). The Union sought to introduce evidence of the fact that subsequent to the filing of the grievance, the grievor's position was changed by Management and that this evidence is admissable to show that the REOI classification is incorrect. Management's position is that this evidence is inadmissable as it occurred after the filing of the grievance and furthermore, to allow the introduction of this evidence would discourage employers in the future from trying to resolve these matters if it then prevents them from arguing that the original classification was correct. This Board is quite wary of allowing the introduction of evidence regarding events occurring after the date of the grievance as to do so would enable both parties to "tailor" future events in order to maximize their position at the arbitration hearing. For example, if the grievor stated that he should be reclassified because he was performing some supervisory duties, then management could, after the filing of the grievance, tape away those supervisory duties and plead this fact at the arbitration hearing. The parties could also lead evidence of how the job changed between different hearing dates of the grievance. Presumably, the case could never finish as each side sought to introduce evidence of what happened the day before the hearing. A classification grievance may be a continuing grievance but that only goes to the question of timeliness and retroactivity, it is not relevant to the question of admissability of evidence. In a classification grievance we are solely concerned with what the grievor was doing at the time he filed the grievance. It is therefore of no assistance for us to take into account events occurring after the filing of the grievance, even events such as a subsequent reclassification by the Employer. In any event, the classification selected by the Employer is only its opinion, which in reality is no more relevant than the Union's opinion of what the right classification is. It is for this Board to determine _2 _ if the Employer's decision is the right one, for we owe deference to the Employer's opinion as we do in a competition case. For the reason stated above, this Board rules that the evidence regarding the subsequent change in the grievor's classification is inadmissable. Both parties agree that the Job Specification set out in Appendix "A" (the Class Allocation has been deleted) is an accurate description of the grievor's job duties at the time of the grievance. The relevant class standards for Real Estate Officers are set out in Appendix "B" to this decision. The Union's position is that neither REO 2 or REO 3 are appropriate classifications and that we should issue a Berry order telling the Employer to create the necessary classification. A review of the preamble makes it clear that distinction to be used between the different levels is not based on the type, number or size of the tasks undertaken but rather the ranking is based on the following factors: a) . Responsibility for committment of funds and the amount committed. The evidence shows that the grievor has no ability to commit funds unilaterally, however, neither does his supervisor, Mr. Way, Manager of Metro Toronto Region, nor does Mr.Jackson, Head of Leasing Services Branch.=; In fact, it seems only the person who has the authority to commit funds is the Assistant Deputy Minister. However, the grievor certainly recommends the eommittment of funds, and his recommendations involve large amounts of money as he works mostly on large rental projects; b) Responsibility for developing,modifying, implementing and evaluating policy and` procedures: This category is covered in part by the paragraph entitled "Undertakes special leasing projects and studies" in the Job Specification. In addition, there was evidence of the grievor that he was responsible for preparing a manual on how to prepare a leasing proposal; i -3 - c) Responsibility for evaluating other employee's work; The job specification makes it clear that part of his job is to provide technical leadership and support for a group of Leasing Branch personnel. d) Total administrative responsibility, and the size of the unit administered: Although it is unclear what is meant by"administrative responsibility", this probably covers his duties in relation to the overall procedure of seeing leasing projects from beginning to end. His unit consists of five Leasing Officers, making it one of the largest units in the Province. e) Whether the responsibilities of a particular position encompass one or more of the functions tabled above: The functions referred to are as follows: i) appraisal of property; ii) acquisition of property; iii) disposal of property; w_ The Grievor performs items i and ii. The real problem in this series is that originally it had six levels, but now there are only three. Therefore, the preamble contains the following statement: 'This is a six level series and positions at the fourth,fifth and sixth levels are completely responsible, on an organization wide basis,for all activities relating to the specific functions allocated to them. They report to either the head or the assistant head of their respective property organization". However, there is no Class Definition for a REO 4,5, or 6. It is clear that the Grievor is clearly not a REO I or REO 2, insofar as his duties and responsibilities vastly exceed the ambit of those class standards. The real issue is whether or not an REO 3 is a best fit or should a new classification be created. i -4 - Upon a review of the evidence it seems that the grievor does not fit well into the REO 3 category for the following reasons: a) he is completely responsible for all the activities relating to the specific function allocated to him, that is, the leasing of major projects in Metro Toronto. This is referred to in the preamble as being characteristic of levels 4, 5, and 6 of the REO series; b) he reports to the Manager of Metro Toronto Region, Leasing Services Branch who is turn reports to the Head of the Leasing Services Branch; This fulfills the requirement in the preamble that a REO 4, 5 or 6 report to either the head or assistant head of a respective property organization; c) the REO 3 is under the direction of a Senior Real Estate Officer. This does not seem to cover Mr. Way's position as he is the Manager of Metro Toronto Region. In fact, it more closely matches the grievor's own title,which is Senior Lease Project Officer; d) the REO 3 standard talks of the employee being responsible for a major I element of a function,but the grievor is in fact responsible for the function (i.e. leasing) itself; e) the REO 3 standard also talks about positions at Head Office that involve acting as assistants to the Senior Real Estate Officer in a relatively small specialized property unit. As noted above, the grievor is not the assistant to the Senior Real Estate Officer, in fact he is likely the Senior Real Estate Officer himself. Nor is the responsibility for leasing in Metro Toronto a "relatively small specialized property unit" as best as we can tell from the evidence lead in this case. - 5 - For all the reasons above therefore, the Board issues the following order: 1. The Employer is to find or create a classification for the Grievor which accurately reflects his duties and responsibilities. 2. This reclassification is to be completed within three months from the release of this decision. 3. The Grievor is to be entitled to full retroactive compensation to twenty days prior to the filing of the grievance including'interest at the rate of 10%in accordance with the decision in Hollowell House Ltd. and SIEU(1980) 1 O.L.R.B. Rep 35, 4. The Board.retains jurisdiction on the appropriateness of the Employer's reclassification of the Grievor and on the quantum of compensation payable. DA-TED at Toronto this 7th day.of March , 1990. B . FISHER - VICE-CHAIRPERSON / ? M. LYONS� Member -D. CLARK . - Member . DUi1BIT N0.,. Position Specibcstion & pass Allocation-= 515( (Refer to back of form for comphWon instructions) APPENDIX "A"- )n For CSC tario Dots feuived Pravioue aerial number New sulai,umber idle only Pori it alFor Islets Project Officer ositlon 18-4800-33 1la»Rp.ra., .ft.Krs.Work IR,P•T•Posn.only) Ciae� it. ftaaaw wort pod Sa a w nere•as appnwaa.l Cpkta) uneti e A W.❑ > ❑ w.,�.r❑ rw 13 Jpersod o itl nisi Advis= Leasing Poutipn caas18-4800-33 Close*1-ens 01002 .nistry Division Gaverrnent Services Relalt]r anch and socil Location raeog.L=Cock Leasing Services Branch Ferguson Bloc[ 5th Fl= 59501 t.of places Provides group leadership to: immediete Supervisor's title upery liars t c 4 No.of postst ns No.of waste 1g-4g�.01 DIRECTOR M4STNG SEMCES Pytpdss of rtionol s this pus dog�xiati in t� ZI1@ �e �"' s p� L1♦Z7 3S provide leadership undlatakixq of advaric>na level lease negotiation projects, to provide leers tmining and technical guidwm to Leasing services Branch personuxl and to ea cwt special lease studies w'd projects. D1.t UT1QE;'aQia �i�plvi u1Br�'�lgy.�h t tI I to t of tlme�Ti71Il it ]IItt� Ie�1 of the province, the negotiation and of leasing projects tfhich era significant in their size, omplexity, public profile and fimnciel iminct to the govenzierit by: - establishing, interpreting and er" =gaiancs of Iessars with terms and conditions for large and canplex leiasfs= - resolving problems concerning the respective obligations of the leesDas and the lessees; - p=piarinq proposal calls and terders, negotiating settlers and enszriM that obligatiew of the lessor regarding renovations, time schedules and related costs are clearly specified; - regatiating settlerents of isquit" leases vdh ne several leases nett' post in one building, each with different terms and conditions amid expiry dates, and wherle time limitatiolss may be restrictive in obtaining a r+easa:able settlementr - appraising leasehold interests in real property, evaluating special elements of canper�ations and tleantiart g settlements in the procurese st or discharge of lease agreements wherfa there are significantly large financial oaamitm nts in terms of space rental, operating cost and tax escalations and leasehold ialpzzxr�ts: - interpreting the terms and conditions of legal agreements to determine the zxstractual abligatians of lessor, sixth as in the on of tacceptakilp service in heating, ventilation, air conditioning and janitorial services, related engineering surveys to determine the nature and extent of proialems, and the responsibility for the payment of the =ats.of stuveys as well as rlspnirs; (cont'd) •In7SZL ' P� al'L �a1S1'[l@ JAW w [lndleejyart ale all Anop,lkeppllcablrli[itlsarlY s as it applies to leasing trends and devel Within all areas of the �pravirne strong negotiation skills are required to resolve difficult cases and establish (aant'd). :i4ru Im n Supervisor .Date Ministry 111 Do" Day Month Yaw Day month Yaer s SuperAsoe'tN Type Off 1'a n And Ntla D. Dimotor :lass al loutiors Cosa title � 4qa code low"b""wwwo "n"Rber 1 sEflsetlw data Dsy Month Yew 01004 AD-f6 Ol 04 �e Classified this position in accordance with the VWil a Commhsbn Classification Standards for the following rtewrs: corks under the direction of the Leasing Menager-and coordinates advanced-level lease negotiation projects vhich are significant in their size, complexity, public profile and financial impact and undertakes special leasing projects and studies; provides technical leadership and support for a group of Leasing Services Branch personnel; -equires an extensive knowledge of the Real Estate Market particularly as it applies to Leasing trends and developments and strong leadership and technical skills to organize ind monitor work projects and provide lease training and guidance to personnel. azure o autho iu t ate ype evelwtor's name Day Monttr Yew 1.10721 w. 1951 - 2 - ITPIES AND d \ i 2. Provides cal l . support for a groan of Leasing Services Branch Personnel - analyzing �71n:irxj eeds for Leasing Services Branch personnel, designing Orientation and training programs to meet these. needs and coordinatiM thie necessary resources for seminars on an ongoing basis; - assigning work activities to UrrIsrfill Imam Project Officers, =nitorigg the progress of lease negotiation projects and providing technical guidance as required; - providing technical advice and guidance to IEase Project Officers in the negotiation And implementation of difficult and coaplex leasing projects; - undertaking all responsibilities in the resolutions of arbitration cases; - providing resource services to Leasehold Administrators as requested and required. 3. Undertakes special leasing projects and studies by: coordinating and analyzing technical data and resource information (e.g. office and special purpose space, Ministerial enquiries, feasibility studies) to advise management ofspecial projects and to assist the Branch in taking a proactive stance in the marketplace; facilitating the implementation of leasing plans and new initiatives by researching political and eouncmic ooditions and financial forecasts to meet regional business priorities; conducting confidential studies rig the long term availability of space within the Province to,verify the feasibility of long term aaoamsodatian plans; researching terms, conditions and effectiveness of competing market opportunities in the leasing field and r options arxVor actions plans in specific problem areas; - identifying acceptable economic options in such area as forced relocations, consolidations to recommend appropriate actions to Leasing Management; analyzing existing lease related operational problems and recommending changes for improvement in such areas as advertising and procurement prooedLmms, leasing documentation and procedures. 4. Performs other duties as assigned such as: participating with the Regional s in the preparation and conducting of seminars and meetings to meet specific demands from clients and/or other resource, groups to promote goals of the Teasing Brands within.the marketplace and related industries; - assuming duties and responsibilities of the Regional Manager, Leasing as mired. fKIUS AND (cont'd) r precedents for the branch. The positions requires the skill and ability to undertake research studies and to analyze and forecast trends in the Leasing field. Strong leadership and technical skills are required to organize and monitor work projects and provide lease training and guidance to Teasing Services Brunch personnel. Project management skills and knowledge are required to market, plan and coordinate lease i projects. This advanced knowledge and skill level would generally be acquired through graduation in economics, commerce or urban Iard E==ics and the completion of real estate courses such as Real Estate Law, Institute of Leasehold Acquisition Course I and II, the Design, Operation and Maintenance of Building Systems Part 1 and 2 (Peal Property Administration program administered by Building Owner Managers TntAznational), and Facilities Planning and Project Management (Facilities Management P., gra% administered by Building owner Manager-.s International) in addition to extensive experience in the real estate field with specialized experience as a Teasing officer preferably in varied regions of the province. ps4800-/Sa CATEGORY: Administrative Services s GROUP: AD-O6 Property Assessmer SERIES. Real Estate officer APPENDIX "B" 1 GLASS CODE: 00999-01004 CLASS STANDARD: . PrRYk REAL ESTATE OFFICER SERIES This class series covers the positions of those employees w•ho are involved in managing the property programs of a number of Government Departments. Their duties include the determination, application and evaluation of policy and procedures; the review and interpretation of legislation; assigning to and evaluating the work of subordinate staff and Fe: Appraisers; setting priorities; and the training of staff. Their technical responsibility ccnsists of one or more of the folla•�n; in :rder of importance: 1) The appraisal of property (lands or buildings) prior to ne;otiaticns far purchase, lease or sale. 2) Negotiation for, and the acquisition of property either by purchase, leap: lease flack, or lease purchase, for use by Government Dzpart:rents, Agencies, Cars-tis��. and Boards. 3) The selling or lea-sin; of surilus Government property t.- t.,.e pun !-:Z the transfer of property between departments, the .relocatioa or the setting of rants and sellln pr1ces; and the provision Ci for vendors (Property- Management) . �... These functions vary In degree from department t0 rev--re the ipp 1 _on Jr n:l.".+"1J33J Jf appraisal and ne3ot.at_.'1 . �egiee. � n soli JSiC1J,^.5 CndSe eTlr_.VeeS ila':e auCl'•J1'i't- ;, c:i-^'L: ..,n_': wi:haut reference to hi-,her aut.lOrZ 1h athdr& Chzq .make recO.77-,enZacioriz wlll:.h declsions Ire made to commit government funds. As geographical considerations, organizational patterns, operational and a:.:=nlStra.tive policy, the type, number, and size of transactions undertaken, va-y considerably between departments, the grade description method of evaluatian ii inarDrcpriate; instead the rankiri_ tech i;ue %,-as used. Each class is, therefore . a a-;.upin_ of ,positions deemed to be of ,equal value on the basis of the factors in-:cated belck. Fstur-j positions will. be evaluated by comparing tk em with C'nose it ::1e zriginal ranked hierarch~' and slottin- accordingly, rather- than using the vie s descriptions.- For inclusion in this series future positions must of course met. the prevailing criteria tar etc usion ,.he a�aining urilt. Ranking is based on the following factors: a) responsibility' for corral tm=:nt of funds, and the amount ccmRitted . b} responsibility far developing, modifying, implementing and a.aliiatin_ policv and =roce.iures . c) responsibility for evaluating at:-er ampioyeers -work. EXHIBIT No.., ,. r� 1 t i3 i u (� �, •V r1 0- In G• r r. i� Y , t 10 N C J r� ft •7 m V et C, O U C N P( ^l 17' t' 1' (A Vi '1'i,' ,� .1 G t< c: a r i it rr t� m ro 't LA V p.. o •u ►- ri + g-• r0 N Vl " W M1 `7 :Y 3 �. W p. F ort ; A-1 6-1 n• •i o i L r{ ci co`s� �•`� rt ft rr N ft rt IF) N a O a Y' iA ui N• ui M N ri d N v. ti od to 1�,, !dip A H ii 4f ti O N^4A M ',3 k] r,• ^ ' 00 � w ~ n •s n o 10 L4 ►ma.yy L �. M W W� W (9 'i ft• •� i 16 ft ry f'• h H, rr N N 4- R. F ' it �- o 14• rf 4.1 W r :r •1 (-@ :1 O "7 N 1 i� d F to cis I" i+•'t w AIM 0{r',1 rrti G N k' Are h H o •• -' lip t N r. ,'7 13 et n! F� W JO Art. ►y h �', e,• 1 v ri p Q •,� f i h1 1W •1 EA 1• " f1 rt N N p rr , rj O ` 1 F�. 1 ^tl ►+, u j,sj 0 Ti ry r., in ft r r, N CLASS STANDARD: CATEGORY: administrative Services • GROUP: AD-06 Property Assessmea- • SERIES: Real Estate Officer CLASS CODE: 00999 REAL ESTATE OFFICER 1 (BARGAINING UNIT) CLASS DEFINITION: This class covers the positions of those employees who, under the direction of amore senior Real Estate Officer or other unit official, performs a variety of duties relating to the appraisal, acquisition and management of property, either in the field or at a departmental head office, at the junior management level. Lz some positions, as heads of areas or regional -sub-units, these employees are responsible for the direction and supervision : of a number of technical staff, r+t:o carry out one or more of the functions of the property units in the Ontario Government. In some cases, they may commit funds for the purchase or lease of property. In other instances, in this regard, responsibility is limited to the making of recommendations for the _leasef_- o� property or .or a granting of loans by the Y for Farmer Loan Board. In other positions at a�epax office, these .eapoyees may be responsible for a limited specialized area of activity, such as relocation and air rights, re 1 and disposal o_ . properties, special negotiations with other epartr.ants, ccmmissions, ut Sty companies and Liaison on special projects such as .banici;al expressways. Responsibility, however, includes the development, implementation and review of procedures and -the assessment of :xsrk carried out by other mear:ers of the the organization. KNOWLELGE XM SXILLS: Demonstrated technical competence requ.Lred at this level, with the ability to communicate clearly, both orally and in writing. Supervisory and management ability at the junior level, good judgement and tact. Revised 5eoteacer 1980. C.XTZGORY: Administrati7e Services GROUP: AD-06 Property Assessment � CLASS STANDARD: SERIFS: Real Estate officer CLASS CODE: 01002 REkL_ESTATE OFFICER 2, This class covers the positions of those employees who, under the direction of a more senior Real Estate Officer or other unit official, performs a variety of duties relating to the appraisal, acquisition and management of property, at the intermediate management level. In some positions, as supervisors of Area or Regional Property Units, comprised of from two to four sub-units, these employees are responsible for the direction and supervision of a number of technical staff, 'who are assigned duties relating to one or more of the functions of the unit. They may be located permanently in the field, or work out of 'the head office of the property organi_ation. They may also act as a sistants to the supervisors of very large property units, comprised of more than four sub—units. In other head office positions, these employees are responsible for the activities relating to specific elements of one or more of the functions of the unit; such as arbitration and expropriation; review of negotiating procedures in cases of unresolved difficulties, for settlement or referral to arbitration; the review and investigation of claims for damages; and other special assiaramen,_, . These employees may spend a considerable time in the field, and work entails the review of work methods and procedures, recommending, changes, and assisting in implementation. They may commit funds of up to $10,000, either as to—signer, or on individual signature wit out r.e erence to fil; er aut ori SKILLS XND KNOW-LEDGE REQUIRED: I. Demonstrated technical competence required at this level. C. . The ability to communicate clearly, both orally and in writing. 3. Well developed supervisory and management ability, good judgement, tact. }4IXL'MUM STAFFNG STANDARDS: E.iucation — Grade 12 OR Accreditation in the Appraisal Institute of Canada (AACI) or the equivalent, such -as accreditation in the: TPIC — Town Planning Institute of Canada CIQS — Canadian Institute of Quantity Surveyors RIS Royal Institute of Chartered Surveyors OR Graduation in a closely related field, from a Community College. ,f ` 2. - Several years of experience as a Property Agent or !teal Estate Officer in a department of the Government of Ontario, or the equivalent in experience gained elsewhere.- June 1963 CATEGORY: Administrative Services GROUP: AO-06 Property Assessment CUSS STANDARD: SERIES: Real Estate Officer � Czars CODE: 01004 REA. ESTATE OFFICER 3 denior his class covers the positions of those employees who, under the direction of Real Estate Officer, perform a variety of duties relating to appraisals, property acquisition or property management, at the more senior levels of -management. In some positions these employees are responsible for the direction and control of all of the activities relating to a major element, of a function of the property organization, such as Urban or Rural appraisal, or the general review of, appraisals and agreements . They are responsible for developing and implementing procedures : and: for reviewing the -work of tore junior staff, for adherence to procedures, and for general proficiency. In other positions at 'read office, these employees act as assistants to the senior Rea.. Estate Office in el' t'vel s s ecza Sze proper y_un� , a are responsible for the day—today direction and supervision of subordinate staff. n sti at er positions t ase emp ovees are responsible for the supervision and direction of a very large Regional or Area property unit comprised of more than four sub—units . SKILLS AND h_NiN'LEDC E REQ�IIRED: 1. Demonstrated technical competence required at this level. 2. The•ability to cormunicate clearly, both orally and in writ-6.1g. 3. A high degree of supervisory and management abilirr: good .,judgement.. tact_. 141N-r-1 N. STAFF C4G STANDARDS: 1. Education — Grade 13 OR Accreditation in the Appraisal Institute of Canada AACI) or the equivalent, such as accreditation in the: TPIG - Tarn Planning Institue of Canada CIQS - Canadian Institue of Quantity Surveyors RIS - Royal Institute of Chartered Surveyors OR Graduation in a closely related field, from a Community College. 2. Many years of experience as a Property Agent or Real Estate Officer in a department of the Government of Ontario, or the equivalent in e_x perience gained elsewhere. June 19,69