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HomeMy WebLinkAbout1990-2348.McKim.91-06-27 Decision ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L'ONTARIO GRIEVANCE COMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, SUITE 2100, TORONTO, ONTARIO. M5G 1Z8 TELEPHONE/TELEPHONE: (416) 326-1388 180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ONTARIO). M5G 1Z8 FACSIMILE/TELECOPIE: (416) 326-1396 2348/90, 2348A/90 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEV (McKim) Grievor and - The Crown in Right of Ontario (Ministry of Health) Employer BEFORE: W. Low Vice-Chairperson J. Carruthers Member A. Stapleton Member FOR THE C. Dassios GRIEVOR Counsel Gowling, Strathy & Henderson Barristers & Solicitors FOR THE D. McKeown EMPLOYER Counsel Hicks, Morley, Hamilton, Stewart, Storie Barristers & Solicitors HEARING June 5, 1991 DECISION This is a classification grievance brought by Donald McKim, currently classified as a Clerk 2 Supply, and employed at the Kingston Psychiatric Hospital. The class definition for a Clerk 2 Supply, is as follows: "Class Definition: This class covers the positions of employees performing a variety of routine 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 of equipment and supplies. They check incoming shipments against weigh bills for shortage and damage in transit; check quantities against packing slips and purchase orders; contact suppliers regarding short shipments, delays, back orders etc; place items on shelves or bins, adjusting 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 authorized requisitions; 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. " The position specification for Mr. McKim .dated March 22, 1989, and which was made a part of Exhibit 1 in this proceeding was agreed not to be an accurate statement of Mr. McKim's duties and related tasks, but instead the following is a more accurate statement of Mr. McKim's position: 1165% 1. Performs Supply Clerk Duties Such As: - enters details of all stock items received- by hospital on computer and bin cards where 2 applicable from Receiving Report; balances each side of bin card when it becomes filled and before transferring balance to new card; maintains perpetual inventory by counting, weighing, and comparing items with inventory balances on computer and bin cards where applicable; makes up appropriate internal return to stock requisitions for new stock items returned, when item(s) are no longer required from user areas; answers phone queries concerning stock items, delivery, back orders, advancements, etc; responds to requests from clients at counter; maintains good rapport with Stock Control Clerk in Business Office; examines requisitions for completeness and accuracy; selecting, counting and/or weighing items, then transporting same to user area(s) ; packaging numerous small items in a container for convenience of delivery; operating computer terminal (i.e. ) data entry of Purchase Orders, Receiving Reports, Requisitions, etcetera, and performing file maintenance when required. ' 25% 2. Performs Storage and Delivery Duties Such As: receiving and arranging storage for and/or _ distribution of hospital supplies (e.g. , food, clothing, medical, etcetera) ; receives from wards and/or offices used furniture for condemning, storage and/or re- issue; - placing stock in appropriate storage area; dry storage or refrigerated (Rotating old stock in order that it be used first) ; - chooses adequate vehicle for transporting of foods to user areas; - advises supervisor of current stock status to avoid overstocking and stock shortages; - selecting, counting and/or weighing items, then transporting same to user area(s) ; - packaging numerous small items in a container for convenience of delivery. 3 10% 3. Performs Related Duties Such As: - affixes asset tags on all equipment and furnishings according to guidelines within our facility; records in separate record book, date, receiving report number, asset number, 'make, model, serial number, and destination of item; - moving new furniture within facility; - maintaining an orderly environment within the Stores Department; - responsibility for the cleanliness and tidiness of the work area; - responsibility for ensuring security of Main Stores; - attending assigned lectures (e.g. ) Fire and Safety, WHM1S; - assists with the off loading and loading of materials from delivery and pick-up vehicles; - as assigned. In addition, the Grievor is also responsible for inventories of stationery and occupational therapy supplies, including ordering, receiving, checking, storing, requisitions and delivery. This grievance appears to arise from the fact that prior to 1989, there was a Supply Clerk 4, Bob Pixley, working in the area. After Mr. Pixley left the facility because of disability, he was not replaced. His duties were parcelled out to other personnel. Mr. McKim was assigned some tasks which had been performed by Mr. Pixley prior to his departure. By way of background, the Grievor is one of four employees classified as Clerk 2 Supply who report to the Supervisor 4 of Supply Services, a Mr. Stevenson. There are some nine categories of supplies within the jurisdiction of the Supervisor: provisions, cleaning, furnishings, medical, grooming, oil, stationery, furniture and equipment, clothing, and occupational therapy. Of these, the Grievor has responsibility for four categories, namely stationery, medical supplies, clothing and occupational therapy supplies. Because stationery is used throughout the facility, it is a relatively high volume and turnover category. It is also the only category which is not computerized. The Grievor contends that he performs a number of tasks which fall outside the class standard, and for that reason he seeks a Berry order. It is not contended that by reason of these tasks he falls within the Supply Clerk 3 classification or higher. The tasks in question are as follows: (a) he prepares "requests to purchase" . These are forms requesting purchase of certain supplies, and they are restricted to stationery supplies only; (b) he prepares requisitions for ordering forms; (c) he receives -requests for stationery supplies from various departments from time to time; (d) he responds from time to time to queries from other Clerk 2 's as to how their jobs are to be performed, by reason of the fact that he is the Clerk 2 of 5 greatest seniority; (e) he scrutinizes incoming requisitions for supplies and reduces orders if he considers them to be too high; (f) he decides on the minima and maxima for stationery to be kept in stock; (g) he assists in training staff, particularly in the stationery area; and (h) he relieves the Clerk 2 who ordinarily performs the receiving duties. The burden which the Grievor must meet before any Berry order would be granted is to demonstrate that: (a) he is improperly classified; and (b) there is no other classification into which the Grievor's set of duties and responsibilities reasonably fall. In order to satisfy the first onus, the Grievor must demonstrate that a substantial part of his duties fall outside the class standard. This is well established in the classification jurisprudence. The question is a factual one in each case, and we are of the view that we must look both to the nature of the work done which is said to be outside of the class standard as well as to the amount of time spent doing it. 6 It is the evidence of Mr. McKim that he spends 15% to 20% of the time doing those tasks which he contends fall outside the class standard. We are of the view, however, that the nature of the tasks performed by Mr. McKim which he contends fall outside the class standard are reasonably comprehended within the class definition or are so ancillary to the functions comprehended in the class standard that they cannot be said to be a substantial departure from the class in terms of the nature of the work involved. It cannot be said of any of the tasks which Mr. McKim says are not part of the Clerk 2 classification that these tasks do not fall within the general description of the Class 2 functions, namely the receiving, storage, handling and distribution of a wide variety of equipment and supplies. There was no evidence as to who performed the function of training new supply clerks prior to the departure of Mr. Pixley. The evidence was that whenever new supply clerks came on stream, they were trained first in the stationery area because of the high volume of turnover which lends itself to giving an introduction to a new employee to the various supply requirements of different parts of the hospital. Because Mr. McKim has been a Clerk 2 for the longest period of time, other Clerk 2 's look to him for guidance as to how they are to perform their jobs, and presumably he has habitually been the person to provide orientation to new Supply Clerk employees. This, however, does not constitute a 7 sufficient departure from the duties and responsibilities contemplated in the class definition as to justify holding that Mr. McKim is not properly classified. We were referred to the decision in Cardno, a decision of Arbitrator Stewart (530/88, 2761/86, 2762/86, 2763/86, 2764/86) . In that case the grievors spent approximately 10% of their time engaged in design and modification of equipment, whereas the class standard in that case referred to installation, adjustment, repair and maintenance of electronic devices. The Board held that the nature of the work in that it was design work was substantially different than that set out in the class standard and was a significant element of the duties of the grievors, and the Board accordingly ordered re-classification. In our view, a consideration of the amount of time spent in the activities which it is said to take the Grievor out of his classification is not appropriate until it has been determined that in fact those activities are not comprehended in the class standard. We do not so find, and thus the question of the amount of time spent on such activities is in our view irrelevant. It is unfortunate that the employer has not replaced Mr. Pixley following his departure from the Department but has instead parcelled out his duties to other employees. It is understandable that Mr McKim should feel that he ought to be compensated in some 8 way for the tasks which he is performing which had hitherto been performed by Mr. Pixley, and we have considerable sympathy with this view. But as we cannot agree that those tasks which Mr. McKim assumed are of such a nature and occupy so material a portion of the Grievor's working day as to lead us to the conclusion that Mr. McKim is not properly classified, we dismiss the grievance. DATED this 27th day of June, 1991. WAILAN LOW i CARRUTHERS A: STAPLETON