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Home My WebLink About2013-1445.Daoussis.15-06-09 DecisionCrown Employees Grievance Settlement Board Suite 600 180 Dundas St. West Toronto, Ontario M5G 1Z8 Tel. (416) 326-1388 Fax (416) 326-1396 Commission de règlement des griefs des employés de la Couronne Bureau 600 180, rue Dundas Ouest Toronto (Ontario) M5G 1Z8 Tél. : (416) 326-1388 Téléc. : (416) 326-1396 GSB#2013-1445, 2013-2212 UNION#2013-0547-0017, 2013-0547-0022 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN Ontario Public Service Employees Union (Daoussis) Union - and - The Crown in Right of Ontario (Ministry of Children and Youth Services) Employer BEFORE Mary Lou Tims Vice-Chair FOR THE UNION David Wright Ryder Wright Blair & Holmes LLP Counsel FOR THE EMPLOYER Ferina Murji Treasury Board Secretariat Legal Services Branch Counsel Paul Meier Treasury Board Secretariat Legal Services Branch Counsel HEARING March 19, 2014, May 5, 2015 - 2 - Decision THE GRIEVANCES: [1] The grievor, Mr. Dennis Daoussis, filed three grievances (GSB #’s 2013-1444, 2013-1445 and 2013-2212). Grievance 2013-1444 has been withdrawn. This Decision pertains to Grievances 2013-1445 and 2013-2212. [2] Grievance 2013-1445, dated June 4, 2013, alleges that the grievor was denied a Health Reassignment opportunity in breach of the collective agreement and applicable legislation. By way of remedy, the grievor seeks the position of Customer Care Team Advisor, Ministry of Government Services (T-MG-53331/13), posted April 30, 2013 (“Customer Care Team Advisor”). [3] Grievance 2013-2212, dated August 19, 2013, alleges the violation of the collective agreement, the OPS Return to Work policy and applicable legislation. It asserts that the grievor met the “entry level qualifications” for four positions, and asks by way of remedy that he be “successfully matched to a position within the OPS.” Two of the four positions addressed by Grievance 2013-2212 are in issue at this time. These are Administrative Assistant, IT Services, Ministry of Transportation (T-MT-56175/13), posted August 19, 2013 (“Administrative Assistant”), and Correspondence Coordinator, Ministry of Finance (T-FN-55852/13), posted July 29, 2013 (“Correspondence Coordinator”). The grievance also alleges that the grievor met “entry level qualifications” for a third position, that of Intake Worker, Family Responsibility Office, Ministry of Community and Social Services. The parties agree that the grievor was assigned to that position in or around January 2014. A fourth position raised by the grievance is that of Monitoring Centre Officer, Ministry of Community Safety and Correctional Services. Union Counsel advised that Grievance 2013-2212, to the extent that it relates to the Monitoring Centre Officer position only, is withdrawn. [4] The three positions in issue before me now which I shall refer to as “the disputed positions” are therefore Customer Care Team Advisor, Administrative Assistant, and Correspondence Coordinator, each as described above. [5] Union Counsel stated that the grievances before me allege that the Employer failed in its duty to accommodate the grievor’s disability by failing to place him in one of the disputed positions. - 3 - THE PARTIES’ WRITTEN HEARING PROTOCOL: [6] The parties agreed upon a process by which at least certain aspects of the case would be addressed by way of written submissions and Counsel filed a Written Hearing Protocol (“the Protocol”) to which the parties agreed. The Protocol states in part as follows: 1. This agreement is without precedent and is without prejudice to any position that the Parties may take in any other case or the position they may take in any other proceeding. 2. The Parties acknowledge that the Grievor has put the following (3) positions into issue as a result of various Grievances (hereinafter the “Disputed Positions”): #1…Administrative Assistant… #2…Correspondence Coordinator… #3…Customer Care Team Advisor 3. The Parties confirm that the following Grievances are in issue before Vice-Chair Tims, but only to extent described herein: a. Disputed Positions #1- 2 put into issue via Grievance dated August 19, 2013 (GSB#2013-2212…); and b. Disputed Position #3 put into issue via Grievance dated June 4, 2013 (GSB# 2013- 1445…). … DUE DATES By October 24, 2014: 5. The Employer will provide the Union with the Job Information Packages (“JIPs”) that RSO used in assessing each of the Disputed Positions #1-#3. For greater certainty, the JIP’s include the Position Description and selection criteria for each of the Disputed Positions. 6. With respect to Disputed Position #3, the Employer will also provide the Union with the Assessment Rationale completed by the Hiring Manager…. 7. For ease of reference, the Employer will also provide the Union with copies of the relevant EP submitted by the Grievor and used by RSO to assess his qualifications for Disputed Positions #1-#3 (i.e., his EP dated April 25, 2013). By December 30, 2014 8. The Union will provide the Employer and the Vice-Chair with its full submissions in respect of each of the Disputed Positions, including a detailed explanation as to why the Grievor asserts that he is qualified for the Disputed Position by comparing the requirements and duties of the position and its selection criteria against his stated qualifications and - 4 - demonstrated experience as directly and explicitly referenced in his applicable EP, his applicable cover letter and his Position Description for Child Care Worker 3…. … By March 9, 2015… 11. The Employer will provide the Union and the Vice-Chair with its full response submissions in respect of each Disputed Position … By March 13, 2015… 13. The Union will provide any reply submissions…. … RESERVATION OF RIGHTS … 16. If the GSB determines that the Grievor is qualified for one or more of the Disputed Positions, the GSB will remit the matter back to the parties for discussion. If the Parties are unable to reach their own resolution, then either Party may request that Vice-Chair Tims reconvene the hearing. 17. If the matter is brought back before Vice-Chair Tims, the Employer reserves its right to assert that by assigning the Grievor to the position of Intake Worker…, a position that the Grievor had grieved that he was qualified to perform and that he has performed since in or around January 2014, it satisfied its duty to accommodate the Grievor by providing a reasonable accommodation and that the Grievor’s outstanding Grievances (GSB# 2013- 1445, GSB#2013-2212, GSB#2013-4281, as applicable) should therefore be dismissed. … [7] Counsel subsequently amended paragraph 17 of the Protocol to delete the reference to Grievance 2013- 4281. [8] In accordance with the Protocol, Counsel filed a number of documents including the following: • the Job Information Packages that the Redeployment Services Office (“RSO”) used in assessing each of the disputed positions, including Position Descriptions and selection criteria; • the Assessment Rationale with respect to the Customer Care Team Advisor position completed by the Hiring Manager; - 5 - • the Employee Portfolio dated April 25, 2013 submitted by the grievor and used by the RSO to assess his qualifications for the disputed positions; and • the written submissions of Counsel. [9] In addition, Counsel addressed a number of points through e-mailed communication and during a hearing convened following the receipt of the above referenced materials. [10] One of the matters so addressed was the status of a Summary of Scheduling Coordinator Duties (“Scheduling Summary”) also filed and relied upon by the Union. The Employer initially objected that it was not open to the Union to rely upon such document, but later withdrew its objection and accepted that, in the present circumstances, it is properly relied upon in reaching my decision. Employer Counsel asserted, however, that the RSO did not have such Summary at the requisite time, that it did not have any basic information about it, including the time period to which it relates, and that Thistletown Regional Centre where the grievor performed Scheduling Coordinator duties has long been closed. While the Employer accepted that I can rely upon the Scheduling Summary in rendering my decision here, it reserved its right to make submissions regarding such document for other purposes in these proceedings. [11] Also addressed by Counsel was the Union’s position that it can rely in these proceedings upon undated correspondence from the grievor addressed to the attention of Human Resources, a document also filed by the Union. The Protocol, paragraph 9, states in part that the Union would make submissions as to why it asserts that the grievor is qualified for the disputed positions by comparing the requirements and duties of the positions and the selection criteria against the grievor’s stated qualifications and demonstrated experience as directly and explicitly referenced in documents including “his applicable cover letter.” The Employer asserts that “there was no covering letter with the April 25, 2013 Employee Portfolio” and reserved its right to argue that the grievor’s correspondence cannot be relied upon here. Counsel agreed, however, that I would render my decision with such letter before me. To the extent that I rely upon it in reaching my conclusions, the parties reserve their rights to make further submissions. [12] Counsel also commented on the Employee Portfolio in evidence before me. Included in the Portfolio is a Portfolio Skills Assessment wherein the grievor indicated that he has a number of enumerated skill sets. The Employee Portfolio instructs the employee completing the form as follows: - 6 - You may check off as many skills as would properly represent your skills and experience, however, you must ensure that the skills you check off below are supported by information contained in your Employee Portfolio Resume. Counsel addressed whether or not I can rely on the grievor’s self-assessment of skills where such skills are not supported by information contained in his Employee Portfolio Resume. Union Counsel advised that for purposes of this proceeding only, and in light of the Protocol to which the parties agreed, any skills “ticked off” by the grievor in the Portfolio Skills Assessment section of the Employee Portfolio must be supported by information detailed in the Employee Portfolio or other material before me, and that the “check mark of a certain skill” is not in and of itself evidence that the grievor possesses the skill in question. [13] Union Counsel noted as well that the Employer made a number of factual assertions in its written submissions with respect to the Customer Care Team Advisor position. He argued that to the extent that such assertions are in some instances not drawn from the Job Ad, the Job Specification, or the Selection Criteria, I should not rely upon them. Union Counsel took the position that the Protocol agreed to by the parties contemplated that the parties’ submissions and the Board’s decision would be based only on the documents referenced therein. I agree with the Union, and accept that where the Employer seeks to rely on factual assertions outside the scope of the materials that the parties agreed would be before me, I should have no regard for them. [14] Counsel agreed and the Protocol reflects that the only issue before me for determination at this time is whether or not the grievor was qualified for the disputed positions. Union Counsel accepted that if I conclude that the grievor was not qualified for any or all of the disputed positions, the applicable grievance(s) must be dismissed. If, however, I decide that the grievor was qualified for any or all of the three disputed positions, the matter(s) is/are to then be remitted to the parties in accordance with the Protocol, and either party may request that the hearing be reconvened as set out in paragraphs 16 and 17 thereof. Counsel agreed that I would retain jurisdiction to assist the parties in reaching final resolution of the grievances before me. [15] Union Counsel also stated as follows in written submissions: (T)he issue in the grievances is not whether the Employer made a reasonable assessment of the Grievor’s qualification for each of the positions, the question is whether or not the Employer was correct in its assessment that the Grievor was not qualified to perform the jobs in question. - 7 - The Employer argued that I should review only the reasonableness of management’s assessment of qualifications. The parties agreed through their Protocol, on a without prejudice and without precedent basis, that I am to determine here whether the grievor “is qualified for one or more of the Disputed Positions.” They also agreed that in the present circumstances, I can rely on the Scheduling Summary although the Employer asserts that it did not have such information at the time that its disputed assessment was made. I find that at least in the context of the parties’ agreement here, I must decide whether or not the Employer was correct in its assessment that the grievor was not qualified for the disputed positions and I need not address the standard of review that might otherwise apply. [16] Union Counsel further stated in Reply written submissions that I am to decide whether the grievor possessed the “minimum necessary qualifications to permit him to do the job,” in some instances with “minimal orientation.” Employer Counsel reserved the right to address that submission and to argue otherwise, and Counsel both agreed that it will be open to the Employer to do so after this decision is issued. THE GRIEVOR: [17] The grievor noted in his undated correspondence to Human Resources that he was a 2000 graduate from the Service Worker Program at Centennial College, and that at the time that the letter was written, had thirteen years’ experience in social services. His Employee Portfolio describes his employment with the Ministry of Children and Youth Services in the TRE-ADD (Treatment, Research and Education for Autism and Developmental Disorders) Program at Thistletown Regional Centre. It outlines that the grievor held the position of Child and Youth Therapist between 2007 and 2008, Acting Senior Child and Youth Therapist between 2008 and 2011, and Senior Child and Youth Therapist/Scheduling Coordinator between 2011 and 2013. CUSTOMER CARE TEAM ADVISOR: [18] Excerpts from the Customer Care Team Advisor (“CCTA”) Position Description are set out as follows: Purpose of Position: To provide support to management in the coordination of customer service operations, processes and administration in order to achieve and sustain service excellence as well as operational efficiencies. To provide team leadership, technical advice and guidance to - 8 - customer service staff providing information and/or transactional services to customers, ensuring a consistently high quality service. To provide specialized guidance and information on a broad range of Government/Ministry products, programs and service offerings, and interpretation regarding the intent and content of related legislation, regulations, policies and procedures…. Duties: Acting as a customer gateway, ServiceOntario provides an integrated offering of services through its retail offices, kiosks, online and by telephone. Through the ServiceOntario service channels, members of the general public, business people and other client groups can…obtain information and transactional services provided by the Provincial Government, and can also access information regarding municipal and federal governments and local community agencies…. Following are key duties/responsibilities of the position: 1. Provides support to management in coordinating customer service operations, processes and administration;… Participates in developing and recommending new/improved processes and best practices…. 2. Provides team leadership, technical advice, guidance and mentoring to customer service staff regarding the provision of information and services to the public and client groups…. Participates in identifying training and development needs…. 3. Conducts quality control by monitoring customer service staff calls and service levels and assessing customer feedback; ensures optimum service delivery, effective call handling and consistent application of legislation, policies, processes and procedures. 4. Provides in-person, telephone and written service and support in response to referred/escalated/first A level enquiries or requests for information…. Responds to complicated,…difficult and/or contentious queries, problems and complaints…by assessing the situation…. Provides specialized guidance on Government/Ministry products, programs and service offerings and interpretation regarding the intent and content of related legislation, regulations, policies and procedures…. Prepares and processes documentation for complicated transactions…. … 8…. Conducts statistical analysis of reports, and identifies trends, contentious issues and/or problems. Prepares written responses and/or reports on contentious issues…. … Knowledge: OPS Customer Quality Service Standards…to provide…customer service care when handling escalated calls or enquiries; Relevant provincial, municipal…or federal products, programs, services, policies, processes, procedures, guidelines;…and relevant sections of legislation, regulations and codes to provide technical advice and guidance to customer service staff regarding the provision of information and services; to provide specialized guidance on programs, services and products, and interpretation regarding the intent and - 9 - content of legislation, regulations, policies and procedures; and to investigate and resolve… contentious/difficult situations…. … Skills: The position requires the following skills: Customer service orientation to consistently provide an optimum level of service to customers,…and to provide a role model for customer service staff; ...Oral communication skills…to discuss branch/unit processes and/or administration…; Written communication skills to prepare reports/responses on contentious issues…; and to correspond with program areas and organizations when researching information and resolving customer problems; Group leadership…and mentoring skills to provide team leadership, technical advice, guidance and coaching to customer service staff;…Planning, organization and coordination skills to prioritize customer service and administrative activities…. Freedom of Action: The work is guided by relevant Government legislation; OPS/Ministry policies, procedures, guidelines, directives and established practices related to customer service and administration; and OPS Customer Quality Service Standards. The position refers highly contentious or serious issues and problems that deviate substantially from established guidelines to the Manager. Decision-making involves independently (sic) analysis of the issue or problem in order to determine the true root nature of the problem and decide on the best approach for the resolution…. This position makes recommendations on new/improved operational processes and best practices…. The incumbent is accountable for providing technical advice, guidance and support, and scheduling the work of the unit team; making decisions regarding work flow priorities; conducting quality control of customer service activities…. … Selection Criteria: 20% - Demonstrated group leadership, team building and mentoring skills to lead and motivate a team in delivering high quality customer service 20% - Proven communication and interpersonal skills to provide effective customer service in a team environment; demonstrated experience working in a front line public facing customer service environment 20% - Organizational and priority setting skills to coordinate work for a team in a high volume setting with competing priorities and deadlines 15% - Analytical and research skills to problem solve effectively and ensure efficient operations and service delivery 15% - Knowledge of office administration; ability to interpret and apply legislation to provide advice to staff and clients - 10 - 10% - Proficiency with computer applications, including word processing, database, email and spreadsheet software 0% - Valid driver’s license where required [19] The Union argues that when the “full range” of the grievor’s skills and abilities is weighed against the “minimum necessary qualifications” for the CCTA position, I should conclude that he was qualified for the position. [20] The Employee Portfolio outlines the grievor’s responsibilities as Child and Youth Therapist, including the following: - Designed and implemented programs…which promote independence in life skills, social, leisure and vocational skills… - Assisted clients with…life skills such as personal hygiene, toilet training, dressing… - (P)rovided feedback to parents… - Ensure all daily programs and procedures of all clients are carried out - Provide case coordination by planning, writing, attending/conducting review conferences for Treatment plan, preparing/updating clinical recording - …(C)ommunicate/interact effectively with team members… - Provide technical supervision…to staff… [21] The Employee Portfolio describes that the grievor’s responsibilities as Acting Senior Child and Youth Therapist included the following: - To provide supervision to residential front line staff with respect to program implementation, curriculum development, behavioural interventions and home management for children, adolescents, and adults with autism and…communication disorders - To liaise with Residential Manager and other professionals in regards to these areas - Monitoring staff in the applications of…treatment interventions and instructional programs that enhance service to clients -…(A)ssisting staff in setting career goals and providing regular evaluation of performance following performance management guidelines… - Supervising staff in…administering medications - Providing consultation to staff… - Coach staff through difficult situations… - 11 - [22] The grievor noted in the Employee Portfolio that the following were among the key responsibilities of the Scheduling Coordinator position: - Daily communication with…staff… re scheduling - …(M)aintaining consistent messaging to staff… - Maintain Service Delivery by ensuring completion of all mandatory training from…staff,… Reassigning employees to different work areas in order to maintain operational requirements… - Preparing Reports for Senior Management to identify issues and propose solutions to meet operational needs [23] The Scheduling Summary states that the grievor’s responsibilities as Scheduling Coordinator included the following: - Provides ongoing administrative support to Managers regarding the operational requirements of the program - Provides input on operational requirements as it pertains to… hiring of contract staff - Maintains a high degree of confidentiality and discretion, receive and respond to a range of phone calls and written enquiries, often of a sensitive/contentious nature, by providing detailed responses… -Determining work priorities, scheduling activities and coordinating daily workflow to meet operational needs of the…program… -Recommends and implements improvements to scheduling procedures, systems and processes to optimize services… -Identifies issues for the manager’s attention… -Provide team and group leadership by providing training to Managers and Supervisors on scheduling practices and monitoring work to ensure goals and objectives and professional standards are met -Monitors workflow to ensure results are achieved. -Provides feedback consistent with Performance Management Standards [24] In his correspondence to Human Resources, the grievor noted his ability to “provide the highest level of customer service,” and his “strong” communication skills. He stated that he had “in depth knowledge and the ability to interpret, apply and explain” legislation, policies and - 12 - procedures. He asserted that he has strong analytical skills. The grievor described as well that as Residential Supervisor, he demonstrated “group leadership team building and mentoring skills to lead and motivate a team in delivering high quality customer service.” [25] The Employer disputes the Union’s claim that the grievor was qualified for the CCTA position. It argues that the evidence establishes no customer service skills in a call centre context. It asserts that the grievor has no demonstrated experience or leadership experience in a “fast paced, high volume, public facing customer service environment,” noting that the CCTA provides “group leadership,” “technical advice,” and “specialized guidance.” It acknowledges that the grievor, as Acting Senior Child and Youth Therapist, provided supervision to residential front line staff with respect to behavioural intervention and home management for clients with autism, but suggests that the CCTA is required to lead and mentor front line customer service agents and to be skilled in quality control by monitoring customer service, staff calls and service levels to ensure optimal service delivery. The Employer recognizes the grievor’s leadership role as Scheduling Coordinator involving daily communication by phone or e-mail regarding scheduling, but argues that he did not provide leadership, technical advice, guidance or coaching to front line customer service staff. The Employer suggests as well that the grievor’s leadership role as Scheduling Coordinator did not involve taking call escalations regarding complicated, sensitive, difficult or contentious queries from a broad range of customers. [26] The Employer also emphasizes that the CCTA must have communication skills to provide technical advice to customer service staff. In Counsel’s submission, this requires a knowledge base pertaining to applicable legislation, policies, services and products, as well as oral and written communication skills. The Employer argues that the grievor lacks the requisite knowledge base and communication skills. [27] The Employer submits as well that the grievor as Scheduling Coordinator did not coordinate work in a high volume setting, while balancing competing priorities and deadlines. [28] The Employer disputes that the grievor meets the “high analysis and research skill threshold.” It notes that the CCTA refers “highly contentious or serious issues and problems that deviate substantially from established guidelines” to the manager, and that decision-making for this position involves “independent analysis of the issue or problem in order to determine the…nature of the problem and decide on the best approach for the resolution…applying the intent of the policy to ambiguous circumstances….” The Employer argues that the grievor does - 13 - not have the “analytical framework” to provide technical advice to customer service representatives in “highly contentious situations,” nor to provide them with “specialized guidance” as required. [29] The Union acknowledges in Reply submissions that the grievor does not have “demonstrated customer service skills in a call centre context,” but argues that his work at Thistletown gave him the necessary skills which can be applied in a call centre context. Similarly, while the Union acknowledges that quality control skills in a call centre context are not demonstrated, it suggests that the grievor has demonstrated such skills in his previous work and that these are transferable to the call centre context. The Union disputes that the grievor has not provided “on the floor” leadership to front line workers, suggesting that he did so as Acting Senior Child and Youth Therapist. It argues as well that the grievor has the required communication skills. It states that although he “would need to obtain some additional substantive knowledge of certain policies or legislation,” he is qualified for the position and has “the requisite skills which can be applied to the particular subject with minimal orientation.” The same can be said, in the Union’s view, with respect to the grievor’s organizational and priority setting skills. [30] The CCTA Position Description states that members of the public and other client groups obtain information and “transactional services” through ServiceOntario. The CCTA supports management in the coordination of such customer service operation, and develops and recommends new and improved processes and best practices. It plays a leadership role and acts as a “role model” for customer service staff that provides information and services to customers. CCTA duties include quality control, and specifically the monitoring of customer service staff calls and service levels. As a leader and role model for customer service staff, the CCTA provides technical advice and guidance, and mentors the team. It provides “specialized guidance” and information regarding a “broad range” of products, programs, services and interpretation of legislation, policies and procedures. It responds as well to “referred/escalated” inquiries and to “complicated,” “difficult,” and “contentious” matters. [31] The Union argues that the grievor possesses the minimum necessary qualifications to permit him to do the CCTA job. I have considered the evidence in its entirety. When the full range of the grievor’s skills and abilities is weighed against the minimum necessary qualifications for the CCTA position, I cannot conclude that he was qualified for the position. - 14 - [32] Selection criteria for the CCTA position include “demonstrated group leadership, team building and mentoring skills to lead and motivate a team in delivering high quality customer service.” I recognize that the grievor demonstrated leadership and mentoring skills in positions held at Thistletown. Most notably, as Acting Senior Child and Youth Therapist, he supervised front line staff with respect to program implementation, curriculum development, behavioural interventions and home management for clients with autism and communication disorders. As Scheduling Coordinator at Thistletown, he provided leadership by training managers and supervisors on scheduling practices. The CCTA is required, however, to lead a “team in delivering high quality customer service” and more specifically, a team providing information and services to customers. While I have considered the Union’s submission that the grievor’s client service skills demonstrated in his work at Thistletown are transferable to a call centre environment, the evidence does not establish the “group leadership…and mentoring skills” required to lead a customer service team “providing information and/or transactional services to customers.” I recognize as well that the grievor’s responsibilities as Acting Senior Child and Youth Therapist included a quality control role in relation to the work of front line staff serving the needs of clients with autism and communication disorders. The CCTA however, is required to monitor customer service staff calls and service levels, and to ensure that calls are effectively handled. While I acknowledge the grievor’s leadership and client service roles in his positions at Thistletown, the evidence does not establish the “group leadership, team building and mentoring skills to lead and motivate” customer service staff providing “information and/or transactional services” to customers, as required of the CCTA. [33] The CCTA Position Description also requires “proven communication…skills to provide effective customer service in a team environment; demonstrated experience working in a front line public facing customer service environment.” The grievor demonstrated certain communication skills in positions held at Thistletown. While the Employer suggests in part that he lacks written communication skills, the evidence suggests otherwise. I note in particular that as Scheduling Coordinator, he prepared reports for senior management and responded to a “range of…written enquires” with “detailed responses.” [34] The CCTA, however, communicates technical advice to customer service staff, and provides “specialized guidance and information” on a broad range of products, programs and services. It responds to escalated inquiries and to “complicated,” “difficult,” and “contentious” issues raised by a “broad base of customers and…client groups.” It prepares reports for management on - 15 - “contentious issues.” Knowledge required in the position includes that of relevant legislation, products, programs, services, policies, and processes. While the Union acknowledges that the grievor lacks “substantive knowledge of certain policies or legislation,” it asserts that he has the requisite communication skills and could obtain the required substantive knowledge of policies or legislation through a period of “minimal orientation.” The grievor’s Employee Portfolio states that he is familiar with legislation including the Highway Traffic Act and Public Vehicles Act. It also reflects a communication role in positions held at Thistletown. The evidence, however, does not demonstrate that he possesses the knowledge required of the CCTA so as to fulfill the communication roles described in the Position Description, or that he would possess such knowledge with only “minimal orientation” as suggested by the Union. I cannot conclude that the grievor has the required communication skills “to provide effective customer service” as described in the Position Description. [35] Organizational and priority setting skills “to coordinate work for a team in a high volume setting with competing priorities and deadlines” are required for the CCTA position. While the evidence reflects organizational skills used by the grievor in performing roles such as scheduling, developing and maintaining call-in lists, ensuring that client needs were met while balancing requests for time off, and determining work priorities, the CCTA monitors customer service staff calls and service levels. It plans and organizes to prioritize customer service and plans and coordinates daily staff assignment schedules. While the Union suggests that the grievor has organizational and priority setting skills that can be applied in the call centre environment with minimal orientation, the evidence does not establish this in my view. [36] The CCTA must also possess “analytical and research skills to problem solve effectively and ensure efficient operations and service delivery.” Analytical skills are reflected in the grievor’s role as Scheduling Coordinator insofar as he recommended and implemented improvements to scheduling procedures, systems and processes and prepared reports for senior management identifying issues and proposing solutions to meet operational needs. Notably, the grievor’s Employee Portfolio reflects that his work on scheduling was recognized with the Pinnacle Award for creativity and innovation. The CCTA Position Description, however, provides technical advice and specialized guidance, and responds to complicated, difficult and contentious inquiries. It “refers highly contentious or serious issues and problems that deviate substantially from established guidelines to the Manager” and “decision-making involves independently analysis (sic) of the issue or problem in order to determine the true root nature of - 16 - the problem and decide on the best approach for resolution, e.g., applying the intent of the policy to ambiguous circumstances; interpreting regulations to resolve an issue.” Knowledge of “programs, services, policies, processes” as well as relevant legislation is required. While the grievor demonstrated certain analytical skills in past positions, and particularly in his role as Scheduling Coordinator, the evidence does not establish knowledge and analytical skills “to problem solve effectively and ensure efficient operations and service delivery” while leading “customer service staff providing information and/or transactional services to customers.” [37] Having considered all of the evidence including the grievor’s correspondence to Human Resources, and having weighed the grievor’s skills and abilities as a whole against the “minimum necessary qualifications” for the CCTA position, I am not satisfied that he was qualified for the position, even with a period of “minimal orientation” to which the Union asserts the grievor is entitled. [38] Grievance 2013-1445 is therefore dismissed. ADMINISTRATIVE ASSISTANT: [39] Excerpts from the Administrative Assistant (“AA”) Position Description are set out as follows: Purpose of Position: To provide a range of responsible administrative, financial, human resource, secretarial and technical support services for the manager and staff of the program area with back-up support to the branch administrative officers. Duties: 1. Performs financial and procurement activities for the area including purchasing office supplies and other goods and services, monitoring contract financial status and advising of impending over expenditures, analyzing data and maintaining/reviewing office on-line budget and financial database system and reconciling/balancing monthly reports; verifying calculations and processing accounts payables (e.g. consultant/supplier invoices, expense claims); and providing financial status updates to the manager and branch administrative officer for roll up to the program level, advising of areas of possible over expenditure and budget commitments and recommending corrective action according to ministry/government procedures. 2. Reviews consultant billings by analyzing time sheets and other documentation (e.g. contract terms) to verify type of work done and hours charged to various areas to support invoices. Maintains liaison with consultant/ministry accounting staff and other program areas to resolve discrepancies with invoices and other information by confirming correctness of charges, advising of billing procedures and recommending re-issue of invoices or other action to correct billing irregularities. Monitors delinquent payments by - 17 - program areas, advising of payment terms and expediting payment to avoid late payment charges. 3. Provides computer operation and word processing services by producing a variety of executive correspondence, policy and technical reports, charts and presentations using various software applications…. Accesses and reviews corporate systems information to compile data and print reports. 4. Preparing and processing various human resource related documents and forms (e.g. staffing, new employees, termination, attendance); and verifying WIN reports for accuracy and resolving discrepancies with H.R. and/or Ontario Shared Services. 5. Provides administrative support services by: opening, perusing and tracking incoming correspondence, reports, packages etc. to determine confidentiality and distribution to other program staff; highlighting items by degree of urgency and providing relevant background documentation; retaining and drafting correspondence for own or managers (sic) signature; establishing and maintaining manual and electronic filing systems; organizing and maintaining central administrative and project files; maintaining office equipment and arranging for service; and arranging for video/teleconferences. 6. Researches and gathers data and prepares summary documentation…. Develops personalized databases, spreadsheets and cross-referencing data. Reviews data sources and organizes data/materials in suitable format for the manager. Contacts staff of the CIOs and other offices to obtain information…. 7. In conjunction with other Office Administrators, reviews and identifies ways to modify/streamline program administrative processes…, providing explanations to branch staff on implementation and monitoring of new administrative systems and processes. Monitors changes updates data (sic) in the consultant orientation package and coordinates consultant set-up and termination based on contract terms…. 8. Provides reception services…. Knowledge: Job requires knowledge of government/ministry and cluster human resource, procurement, financial and accounting policies, procedures and methods and arithmetic to analyze financial data, verify calculations, prepare/provide financial status updates and statistical summaries, advise of over expenditures and recommend corrective action, resolve consultant invoice problems with consultant staff and program areas and provide clarification of billing procedures. Job requires knowledge of government/ministry office and administrative procedures, directives and practices to establish/maintain electronic and hard copy filing systems, co-ordinate preparation and flow of confidential program correspondence, reports and other materials and review and modify program administrative processes (e.g. correspondence and project tracking). Job requires knowledge of program role, policies, processes, terminology and relationship to other areas to edit correspondence and reports for adherence to specific program style and format, assess and co-ordinate administrative priorities, answer and redirect internal/external inquiries and identify matters - 18 - of importance by determining areas to contact to obtain information for the manager. Job requires knowledge of cluster databases and other ministry applications to enter, track and update data, create spreadsheets, personalized databases, status reports and statistical displays. Job requires knowledge of program information sources…to research and determine pertinent data on requests and decisions…. Job requires knowledge of H.R. and O.S.S. processes and procedures to prepare documentation and resolve discrepancies…. Job requires knowledge of personal computer operation and related software applications to produce a variety of reports, presentations…. Skills: Job requires planning and organizational skills to analyze and assess administrative requirements and determine and schedule priorities among conflicting demands, based on knowledge of issues and/or discussion with the manager. Job requires pro-active (sic) problem solving skills to verify accuracy of and reconcile accounts payables…and resolve discrepancies in invoices, other financial information and H.R. documentation. Job requires analytical and evaluative skills to advice (sic) of correct billing procedures and payment terms, provide financial updates, recommend corrective action regarding over expenditures and compile data from corporate information systems. Job requires analytical skills to determine nature of calls received from senior level officials and make decisions concerning…confidentiality of information…. Job requires assessing and recommending modifications to administrative processes…to meet program needs. Job requires researching and assessing program information sources…and gathering and summarizing data/information…. Job requires making selections from computer applications…. Job requires responding to non-routine queries…. Job requires written communication skills to compose responses to queries…. Job requires oral communication… skills…. Freedom of Action: Job requires working in accordance with ministry and government administrative and financial/accounting policies, procedures and office processes and methods for performing administrative, human resource activities. Job requires decision making in determining priorities,…determining responses to queries…. Job requires decision making in determining suitable format/layout for presentation material, resolving discrepancies in invoices and other financial data, providing advice on purchasing procedures, recommending modifications to administrative processes…. Selection Criteria: 35% - Administrative, Financial and Human Resources Knowledge: – you have demonstrated administrative skills and experience to provide effective support to the branch – you have demonstrated knowledge of financial policies and procedures to analyze financial data, process payments and reconcile purchasing cards and expenditures – you have demonstrated experience maintaining electronic and hard copy filing structures – you can utilize office equipment… – you have demonstrated knowledge of HR processes and procedures to prepare documentation and resolve discrepancies with ministry HR and OSS staff 30% - Organizational, Analytical and Problem Solving Skills: - you have demonstrated planning and organizational skills to analyze and assess administrative requirements – you have organizational skills to determine and schedule priorities among conflicting demands – - 19 - you have demonstrated judgement, analytical and problem solving skills to resolve issues…– you can effectively verify accuracy, reconcile accounts payable and resolve discrepancies in invoices 20% - Communication and Interpersonal Skills: - you have demonstrated communication skills to prepare a variety of documents to support the branch – you have demonstrated interpersonal and communication skills to deal with a variety of stakeholders – you can effectively compose summaries and responses to queries – you have oral communication skills to answer phone calls and provide information and resolve problems 15% - Computer Skills: - you have demonstrated knowledge of computer operations and software packages such as MS Office Suite, IFIS, EPM, and WIN to produce a variety of documents, reports and presentations – you are proficient with computer software with the ability to enter and update data, create spreadsheets, personalized databases, status reports and statistical displays [40] The Union asks me to weigh the full range of the grievor’s skills and abilities against the minimum necessary qualifications for the AA position, and to conclude in doing so that he was qualified for the position. [41] The Employee Portfolio describes that the grievor’s responsibilities as Acting Senior Child and Youth Therapist included the following: - Reviewing each program book as needed; ensuring all programs are up-to-date and written to TRE-ADD standards - Assisting the manager in monitoring the residential budget - Monitor the use of client allowances; review Time sheets submitted by staff; Conduct File Audits and address deficiancies (sic) [42] The Employee Portfolio describes the following “key responsibilities” associated with the grievor’s position of Scheduling Coordinator: - Scheduling upwards of 1000 shifts amongst 49 Fixed term staff in 4 Residences. - Data collection on Staff attendance, and expenditures accrued due to Overtime - Policy and Procedure Development re scheduling of staff - Microsoft Excel spreadsheet development - Developing/maintaining monthly calling list… - Daily communication with…Staff…re scheduling - 20 - - Support the Ministry’s plan to transition services…to community agencies by ensuring that staff are available for transition meetings…, maintaining the schedule to ensure safe operation of programs and client needs, balancing vacation requests, and other time off needs - Enhance the workplace environment by, maintaining consistent messaging to staff regarding the Collective Agreement as well as the policy and procedures within TRC,… while meeting operational requirements, providing regular feedback and communication to Front Line Staff on scheduling matters, making decisions in accordance with scheduling procedures to meet operational requirements, promoting…adherence to the OPSEU Collective Agreement with scheduling processes - Maintain Service Delivery by ensuring completion of all mandatory training from all front- line staff, maintaining operational standards…, reassigning employees to different work areas in order to maintain operational requirements, reviewing and making recommendations for time off requests based on being able to meet operational needs and provide adequate coverage…. - Preparing Reports for Senior Management to identify issues and propose solutions to meet operational needs. [43] The Scheduling Summary outlines that the grievor’s responsibilities as Scheduling Coordinator included the following: 1) Maintains a comprehensive system of scheduling for up to 90 staff in a 24/7 operation - Composes memos, spreadsheets, graphs and charts, presentation materials for meetings, using a variety of Microsoft packages, e.g., Word, Excel, PowerPoint and Outlook; proofreading to ensure accuracy of spelling, punctuation and grammar and appropriate formatting. - Computerized/manual filing systems. - Updates contact and mailing lists (electronic). - Maintains databases related to scheduling. - Inputting and processing data to the centralized Scheduling system. 2) Provides ongoing administrative support to Managers regarding the Operational requirements of the Program - Provides input on operational requirements as it pertains to the…hiring of contract staff - Liaising with Residential Managers/Supervisors to ensure document accuracy is verified…. - … (R)eceive and respond to a range of phone calls and written enquiries, often of a sensitive/contentious nature, by providing detailed responses based on knowledge of - 21 - ministry, division’s mandate, priorities and procedures or referring inquiries…to Management as required. - Determining work priorities; scheduling activities and coordinating daily workflow to meet operational needs of the Residential Program…. 3) Recommends and implements improvements to Scheduling procedures, systems and processes…. - Develops and implements standardized tracking systems/database processes and procedures to ensure timely review and approval of documents…. - Identifies issues for the manager’s attention…. - Participate in the development, implementation and maintenance of scheduling procedures and assists the manager…in the preparation of materials to support management and scheduling processes. 4) Provide team and group leadership, by providing training to Managers and Supervisors on scheduling practices and monitoring work to ensure goals and objectives and professional standards are met. - Monitors workflow to ensure results are achieved. - Provides feedback consistent with Performance Management Standards. [44] The Employer disputes that the grievor was qualified for the AA position. It submits in particular that the grievor’s Employee Portfolio does not demonstrate the required financial or human resources knowledge. It disputes that the grievor has demonstrated the ability to effectively verify accuracy, to reconcile accounts payable and to resolve discrepancies in invoices. In addition, the Employer submits that the grievor’s Employee Portfolio demonstrates no knowledge or experience using “various important OPS software packages” such as Integrated Financial Information System (“IFIS”), Electronic Payments (“EPM”), and Workforce Information Network (“WIN”). [45] The AA provides administrative, financial, human resource, secretarial and technical support services. The Union argues that the grievor possesses the minimum necessary qualifications to permit the grievor to perform AA duties. Having considered the full range of the grievor’s skills, abilities and experience as reflected in his Employee Portfolio and the Scheduling Summary against the minimum necessary qualifications for the AA position, I am satisfied that the grievor was qualified for the AA position. [46] That the grievor meets certain qualifications for the position is not contentious. Administrative skills and experience “to provide effective support to the branch” are required of - 22 - the AA, and these, in my view, are demonstrated particularly through the grievor’s role as Scheduling Coordinator, as reflected in the Scheduling Summary. The Employer did not argue otherwise. [47] Also required by the AA is “demonstrated experience maintaining electronic and hard copy filing structures” and the ability to “utilize office equipment.” The Union’s assertion that the grievor possessed such qualifications is supported by the evidence, and particularly that relating to his responsibilities as Scheduling Coordinator. The Employer did not contest the Union’s claim that the grievor had such demonstrated experience and ability. [48] I am satisfied as well, based on the evidence, that the grievor had “demonstrated planning and organizational skills to analyze and assess administrative requirements,” “organizational skills to determine and schedule priorities,” and “demonstrated judgement, analytical and problem solving skills” to resolve issues while respecting confidentiality. Again, the Union emphasizes and I rely particularly on the grievor’s duties as Scheduling Coordinator, which included providing ongoing administrative support to managers regarding the operational requirements of the program. The Summary reflects that the grievor provided input on operational requirements as they pertained to hiring of contract staff, determined work priorities, and scheduled activities and coordinated daily workflow to meet operational needs. He recommended and implemented improvements to scheduling procedures, systems and processes and identified issues for the manager’s attention. He assisted the manager in the preparation of materials to support management and scheduling processes. As reflected in the Employee Portfolio, as Scheduling Coordinator, the grievor also scheduled “upwards of 1000 shifts amongst 49 Fixed term staff in 4 residences,” reassigned employees to different work areas to maintain operational requirements and reviewed and made recommendations for time off requests based in part upon operational needs. I note as well that the grievor, as Scheduling Coordinator, maintained a “high degree of confidentiality and discretion.” [49] The Employer does not contest and I accept the Union’s assertion that the grievor demonstrates the requisite communication and interpersonal skills required for the AA position. As Scheduling Coordinator, he composed memos and presentation materials and provided input on operational requirements, liaising with managers and supervisors. He responded to “a range of phone calls and written enquiries, often of a sensitive/contentious nature, by providing detailed responses.” He provided feedback, led team meetings, and prepared reports for senior management to identify issues and propose solutions to meet operational needs. - 23 - [50] Whether or not the grievor demonstrated the financial knowledge required of the AA position is more contentious. The Employer disputes the Union’s claim that the grievor has demonstrated the requisite knowledge of financial policies and procedures to analyze financial data, process payments and reconcile expenditures, and suggests that there is a lack of knowledge and experience in monitoring contract financial status, advising of over expenditures and recommending corrective action. The evidence establishes, however, that the grievor collected data related to overtime expenditures, assisted in monitoring the residential budget, monitored client allowances, and reviewed time sheets and conducted file audits. He maintained a database, inputted and processed data to a centralized system, and developed database processes and procedures. He identified issues for management and proposed solutions. The knowledge required of the AA position includes that of “financial and accounting policies, procedures and methods and arithmetic” so as to “analyze financial data, verify calculations, prepare/provide financial status updates and statistical summaries, advise of over expenditures and recommend corrective action, resolve consultant invoice problems…and provide clarification of billing procedures.” Required skills include “problem solving skills” in order to “verify accuracy of and reconcile accounts payables to comply with ministry accounting procedures and resolve discrepancies in invoices, other financial information and H.R. documentation,” and “analytical and evaluative skills” to advise of “correct billing procedures and payment terms, provide financial updates, recommend corrective action regarding over expenditures and compile data from corporate information systems.” I am satisfied on the basis of the evidence that the grievor possessed at least the minimum financial knowledge required to perform AA duties. [51] Also contentious is the requirement for demonstrated knowledge of HR processes and procedures to prepare documentation and resolve discrepancies with ministry HR and OSS staff. While the Union asserts that the evidence establishes such demonstrated knowledge, the Employer suggests that the grievor demonstrates no experience in HR processes and procedures to prepare documentation and resolve discrepancies, no experience using “important OPS HR tools” including the WIN system, and no demonstrated experience preparing, verifying and reconciling WIN Employee Action Request Forms concerning “important employee human resource/payroll data, related to…staffing, new employees, termination, attendance.” The evidence does not reflect experience with WIN software specifically, or with HR forms. As emphasized by the Union, however, the evidence establishes the grievor’s experience with - 24 - scheduling staff in accordance with the collective agreement, legislation and policy, supervision of front line staff, participation in the selection and evaluation of staff in accordance with performance management guidelines, and acting “as needed” in the manager’s absence. It also establishes experience with and the ability to prepare a variety of documents using various types of software. AA duties include preparing and processing HR documents and forms, verifying WIN reports, and resolving discrepancies. The evidence in my view is sufficient to establish that the grievor possessed at least the minimum necessary HR knowledge to perform the duties of the AA. [52] The Employer disputes as well the Union’s assertion that the grievor demonstrates the ability to effectively verify the accuracy of and reconcile accounts payable, and resolve discrepancies in invoices. I find that his experience as Acting Senior Child and Youth Therapist in assisting with the monitoring of the residential budget, in monitoring client allowances and in auditing files and addressing deficiencies, as well as his experience as Scheduling Coordinator in collecting data on overtime expenditures reflects the organizational, analytical and problem solving skills required to verify accuracy, reconcile accounts payable and resolve discrepancies in invoices. [53] Computer skills are also required for the AA position. More specifically, knowledge of computer operations and software packages such as Microsoft Office Suite, IFIS, EPM and WIN to produce a variety of documents is required, as is proficiency with software and the ability to enter and update data, create spreadsheets, databases, status reports and statistical displays. The Position Description describes that the job “requires knowledge of personal computer operation and related software applications to produce a variety of reports….” The Scheduling Duties Summary and the Employee Portfolio demonstrate knowledge of computer operations and Microsoft software packages to produce a variety of documents, reports and presentations, and proficiency with computer software with the ability to enter and update data, to create spreadsheets, to maintain databases and to develop database processes and procedures. As noted, the evidence does not establish knowledge of or experience with WIN, IFIS and EPM software. I am satisfied, however, given the grievor’s proficiency with various types of computer software and his experience as Scheduling Coordinator creating a variety of documents, that he demonstrates at least the minimum computer skills required to perform the duties of the AA. [54] Accordingly, I am of the view based on the Employee Portfolio and the Scheduling Duties Summary that the grievor possesses at least the minimum necessary qualifications for the AA - 25 - position. In so concluding, I have not relied upon his correspondence to Human Resources. If such correspondence is considered, however, I note the grievor’s reference therein to his “analytical skills to identify and resolve errors,” his ability to “prepare documents,” his “strong evaluative skills,” proficiency with computers, software and databases, his knowledge of “human resources management principles/practices and relevant policies and legislation,” and his experience “identifying and investigating errors and discrepancies.” [55] In accordance with the Protocol and with the submissions of Counsel in these proceedings, I remit Grievance 2013-2212 as it relates to the AA position to the parties, and I retain jurisdiction in this matter. CORRESPONDENCE COORDINATOR: [56] According to the Position Description, the purpose of the Correspondence Coordinator (“CC”) position is to “coordinate and monitor the status” of incoming and outgoing correspondence to and from the Ministers of Finance and Revenue at that time, so as to “ensure a timely response to all ministers’ correspondence.” [57] Further excerpts from the Position Description are set out as follows: Duties: 1. Reviewing all incoming correspondence to the Ministers of Finance and Revenue and deciding appropriate action to take (such as telephone response, comments, recommendations, and/or preparation of Ministers’ letters); flagging any potentially contentious/sensitive issues to appropriate officials; and assigning the letter to the appropriate program area…for a response…. 2. Logging correspondence, updating and maintaining records on the ministry’s correspondence tracking system and maintaining the Letter Bank for up-to-date information. 3. Maintaining a daily journal of outgoing correspondence, a cross-reference system, a file plan and cross-check system for extraction of information for files. 4. Preparing weekly summaries of mail…. 5. Coordinating the application of established procedures and guidelines including the maintenance of a procedures manual…. 6. Reading and editing all draft and final ministers’ letters for content, consistency, style tone and grammar before sending to ministers’ offices for signature. 7. Composing routine correspondence…. Knowledge: - 26 - Job requires knowledge of the roles and functions of the Ministers of Finance and Revenue’s Offices, Cabinet Office and the ministry programs, organization and services, in order to delegate correspondence to appropriate program areas by identifying issues and subject matter of correspondence. Job requires knowledge of the Correspondence Control Manager Mercury (CCM) software package in order to log in, set up and retrieve appropriate files, reports and backup materials of correspondence, as well as the ability to use the various computer software… to control, track correspondence and streamline procedures. Job requires knowledge of Microsoft office software, Outlook and other administrative software…. Skills: Job requires reasoning and problem-solving skills to analyze incoming Ministers’ mail for subject matter, issues, sensitivity and priority, to be able to assign the letter to the appropriate program area and identify to senior ministry officials any contentious issues. Job requires the organizational and administrative skills to log, assign, track and follow-up on correspondence and status of replies…. Job requires analytical skills to determine the type of action to be taken regarding individual letters…. Freedom of Action: …Job requires making decisions by determining the appropriate method of response to a letter, the priority and time frame for response, and assignment to the appropriate ministry area(s)…. Selection Criteria: 30% - Communication/Editing Skills: - Excellent verbal, written and editing skills – Read and edit all draft and final Ministers letters for content, consistency, style, tone and grammar before sending it to the Ministers’ offices for signature – Ability to communicate with senior management and advise them and Ministers staff on the most appropriate way to handle certain correspondence….- Prepare summaries of incoming letters to identify trends, concerns and emerging issues – Compose routine correspondence…. 20% - Computer/Technical Skills: - Knowledge of various (e.g. CCM Mercury) databases; ability to cross reference correspondence, to conduct searches, update logs, run turnaround reports, ensure correspondence log is correctly maintained, cross check the loggings system to extract accurate information on files and prepare various reports for the Ministers office and program areas – Highly skilled in the operation of computer software including Word, Word Perfect, Excel and Outlook 20%- Organizational/Administrative Skills: - Organizational and coordination skills – Ability to work accountably and efficiently – Determine independently how correspondence to each Minister is to be acted upon, log in mail, ascertain appropriate program responsibility for responses and assign to appropriate senior official/program area for further action, assign an applicable target response date, recognize inter-relationships of complex subject matter…, and flag potentially contentious/sensitive issues and items requiring urgent attention by senior officials – Experience with paper/electronic file systems…. 15% - Customer Service, Interpersonal and Team Work Skills…. 15% - Knowledge of Government Processes – Knowledge of the roles and functions of the Ministers Offices and Cabinet Office and related government programs and activities - 27 - [58] The Union asks me to conclude that the grievor is qualified for the CC position by weighing the full range of his skills and abilities against the minimum necessary position qualifications. [59] The Employee Portfolio describes that the grievor, as Child and Youth Therapist, provided “case coordination by planning, writing, attending/conducting review conferences for Treatment plan, preparing/updating clinical recording.” [60] The Employee Portfolio describes as well that the grievor reviewed program books and ensured that programs were up to date and written in accordance with TRE-ADD standards in the position of Acting Senior Child and Youth Therapist. [61] The Employee Portfolio notes that the grievor as Scheduling Coordinator prepared reports for senior management to identify issues and propose solutions to meet operational needs. [62] The Scheduling Summary describes the following duties performed as Scheduling Coordinator: - Composes memos,…presentation materials for meetings using a variety of software packages…; proofreading to ensure accuracy of spelling, punctuation and grammar and appropriate formatting. - Maintains a high degree of confidentiality and discretion, receive and respond to a range of phone calls and written enquiries, often of a sensitive/contentious nature, by providing detailed responses based on knowledge of ministry, division’s mandate, priorities and procedures or referring inquiries regarding information, privacy, documentation and assistance to Management as required. - Determining work priorities; scheduling activities and coordinating daily workflow to meet operational needs…, deadlines…. - Identifies issues for the manager’s attention [63] In the grievor’s correspondence addressed to Human Resources, he stated in part as follows: I possess in depth (sic) knowledge and the ability to interpret, apply and explain a variety of legislations, regulations, policies and procedures, and Collective Agreements…. I possess strong reasoning and analytical skills to identify and resolve errors, make decisions and prepare documents and reports…. I possess the ability to communicate effectively both verbally and in writing to clarify and explain procedures, share information and deliver training…. I have strong evaluative skills to assess the relevancy of information, identify issues and trends and recurring problems. I am highly proficient with the use of computer software and programs such as Word, Excel, PowerPoint, Outlook and Databases. I have also been afforded the opportunity to further my knowledge of administrative and records management procedures to maintain records, as well as organize and maintain electronic and manual filing systems. - 28 - [64] The Employer argues that the grievor was not qualified for the CC position. In its submission, the grievor lacks the required communication/editing skills, computer/technical skills, and organizational/administrative skills, as well as knowledge of the roles and functions of the Ministers’ offices, Cabinet office and related government programs and activities. [65] In Reply, the Union acknowledged that the grievor has no direct experience coordinating correspondence, but submits that he has excellent verbal, written and editing skills which are transferable to the CC position. Similarly, the Union accepts that the grievor has no knowledge of the CCM database, but argues that his experience working with electronic databases gives him the necessary skills to work with the CCM database with only minimal orientation. [66] I have considered the evidence relied upon by the Union in its entirety, including the grievor’s correspondence to Human Resources. When the full range of the grievor’s skills and abilities is weighed against the minimum necessary qualifications for the CC position, I cannot conclude that the grievor was qualified for the position. [67] As noted, the purpose of the position as described in the Position Description is to “coordinate and monitor the status of the Ministers’ incoming and outgoing correspondence….” While the evidence establishes that the grievor used verbal, written and editing skills in past positions, the CC also advises senior management and the Ministers’ staff on the most appropriate way to handle correspondence. The Position Description requires in this regard “analytical skills to determine the type of action to be taken regarding individual letters.” It describes that the CC reviews incoming correspondence and decides on the appropriate action to be taken. The evidence does not establish the required ability to advise as to the appropriate manner of handling correspondence. While the Union argues that the grievor’s communication and editing skills demonstrated in his prior positions are transferable to the CC position, the evidence, in my view, does not establish the ability to communicate and advise as required. [68] Similarly, the evidence demonstrates that the grievor required computer and technical skills in previous positions. These are well demonstrated particularly through his work as Scheduling Coordinator. There is no dispute, however, that he does not have knowledge of the CCM database, although he does have experience working with other electronic databases. While the Union suggests that such experience permits the grievor to work with the CCM database with only minimal orientation, I am not convinced that this is so in the absence of evidence of the ability to perform a number of position duties, including cross referencing correspondence, - 29 - conducting searches, updating logs, running turnaround reports, or cross checking the logging system. [69] Organizational/Administrative skills are also required for the CC position. While the Union emphasized the grievor’s organizational and administrative skills demonstrated particularly as Scheduling Coordinator, the CC requires the ability to independently determine how incoming correspondence is to be acted upon and the appropriate program area or official for response. The CC must recognize the interrelationship of complex subject matter, and have the ability to flag potentially contentious and sensitive issues. I agree with the Employer that the evidence does not demonstrate the ability to determine how correspondence is to “be acted upon,” to ascertain the appropriate official or program area for response, or to recognize and flag issues that would be potentially sensitive or contentious for the relevant ministries. I conclude that the grievor’s organizational and administrative skills are lacking when measured against this selection criterion. [70] The evidence establishes that the grievor has the required customer service, interpersonal and team work skills, and the Employer did not argue otherwise. [71] Knowledge of government processes, and of the roles and functions of the Ministers’ offices and related government programs and activities is required for the CC position. The evidence demonstrates that the grievor has performed functions such as scheduling staff, and providing feedback to staff in accordance with applicable procedures and standards. As noted by the Employer, however, the CC reviews incoming correspondence and flags contentious or sensitive issues for the appropriate officials, and assigns letters to appropriate program areas for response. As set out in the Position Description, knowledge of roles and functions of the Ministers’ offices and program areas is required to delegate correspondence to appropriate areas. Skills identified as necessary in the Position Description include the ability to analyze incoming mail for sensitivity and priority, so as to assign the letter appropriately and so as to identify for Ministry officials contentious issues. The evidence does not demonstrate that the grievor possesses the required knowledge. [72] Having weighed the full range of the grievor’s skills and abilities against the minimum necessary qualifications for the CC position, I cannot conclude that the grievor was qualified for the position, even if provided with an opportunity for “minimal orientation.” [73] Grievance 2013-2212, as it relates to the CC position only, is therefore dismissed. - 30 - CONCLUSION: [74] Grievance 2013-1445 is dismissed. [75] Grievance 2013-2212 as it relates to the Administrative Assistant position is remitted to the parties and my jurisdiction is retained, in accordance with the parties’ Protocol. [76] Grievance 2013-2212 as it relates to the Correspondence Coordinator position only is dismissed. Dated at Toronto, Ontario this 9th day of June 2015. Mary Lou Tims, Vice-Chair