Loading...
HomeMy WebLinkAbout1988-0319.Martini et al.93-08-09 ONTARIO {' EMPLOY~-S GE LA COURONNE ('~ CROWN EMPL O , ~.~ $ DEL 'ONTARIO , ~80 DUNDAS STREET WEST, SUITE ~;00, TORONTO, ONTARIO. MSG 1Z8 TELEPHONE/T~L~PH'O~vE; (4'16~ 326-1355 180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ONTARIO). MSG ~iZ8 FACSJMILE/T~'L~COPIE ; (416) 326-1395 319/88, 323/88, 325/88, 326/88, 531/88, 532/88, 646/88, 691/88, 692/88 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Martini et al) Grievor - and - 'The Crown in Right of Ontario (Ministry of Correctional Services) Employer BEFORE': A. Barrett Vice-Chairperson J. C. Laniel .Member I. Cowan Member FOR THE A. Lokan UNION Counsel Gowling, Strathy & Henderson Barristers & Solicitors FOR THE J. Knight EMPLOYER Counsel Fraser.& Beatty _ Barristers & Solicitors HEARING October 3, 1991 December 16, 17, 1991 April 10, 22, 1992 October 14, 1992 February 22, 23, 1993 .May 20, 1993 ('~ D E C i S I 0 N (~; This decision- concerns 12 consolidated classification grievances which arose in the Spring of 1988 from Supply Clerks in four correctional' institutions in. Southern Ontario. A~i of the grievors seek to be reclassified in the Industrial Officer category or, in the alternative, seek a Berrl order based on a class standards argument with "elements" of usage. All grievors say that they train and supervis~ inmates to an extent not contemplated in the Clerk. Supply class standards, and this training function is not encompassed by the custodial responsibility allowance'in that they are doing far more than "directing inmates engaged in beneficial labour". In addition, the grievors at the Guelph Correctional Centre allege that they have more 'correction'al and'custodial functions than Supply Clerks at other institutions due"to their unique standing Drders which require them to respond to blue alerts and require them to search inmates, other than their own, on a . . frequent and regular basis. These employees come under the' General Operational Services category, the. relevant portions of which are set out below: "This Category includes: - positions involving the warehousing of materials, equipment and supplies and including such related clerical duties as the preparation and checking of invoices, orders, bills of lading and inventory records. This Category does not include: - positions involving the care and.custody of patients, wards and inmates of psychiatric and ~ correctional institutions or residents of Mental Retardation facilities where the personal care and custodial services are continuing and functionally unspecialized." Subsumed under the General Operational Services category is the Clerk Supply series in which these grievors are classified, The initial portion o~ the preamble is set out below: PREAMBLE CLERK SUPPLY SERIES These classes cover the positions of employees .who perform a variety of clerical, manual, administrative repair or purchasing functions that are common to stockkeeping operations in the Provincial Government Service. If any employee specializes in only one of the many tasks involved in the operation of a stockroom, the position should be classified in another'series more appropriate to the type of work. For example, positions concerned entirely with the clerical recording of transactions should be allocated to the Clerk, General series. Positions in which purchasing is the main function should not be classified in this series. Many factors, such as the maintenance of the necessary ledger or other records, inventory control, establishment of minimum - maximum requirements, etc., are common to all stockrooms and vary significantly only to the extent that the size of the stockkeeping function varies. Thus, the overriding criterion in making, allocations in this series is the~size, as 'defined in this preamble, of the stockkeeping function rather than any variation in the clerical or administrative functions associated with it. Supervisory positions covered by the classes Clerk 3 to Clerk 6, Supply will be assigned to one class higher in the series' if purchasing, as defined below, is one of the functions requiring a minimum of 20% of the working time. DEFINITION: Size of Operation: Because of the ~remendous variation, in 'the nature and organization of stockkeeping functions between departments, the number of staff required for the operation of a particular unit is the only practical basis of comparison for classification purposes, in all departments except Health and Reform Institutions. In the 'latter departments, patients or inmates are often, employed in stockkeeping operations. Consequently,'in Ontario,Hospitals, the size, in terms of bed capacity, is the criteria used. The size alone of a Reform Institution ignores the possible existence of industries, which complicate the. Stockkeeping function, therefore the value of annual stock turnover is used~ as a basis of comparison for the determination of level.'' It is~not in dispute that the grievors generally perform the stockkeeping functions set out in their class standard and in their individual job descriptions. As stated earlier, their dispute is with the extent they supervise and instruct inmates and are responsible for .their security. They say tha~ the preamble to the Clerk Supply series does not encompass such duties; Lall it says is ~that "inmates are often employed in stockkeeping operations".'~it does not say 'that the clerks should direct, supervise and train them. The employer argues that these employe~s, in addition to the regular salary for their classification, receive a custodial -responsibility allowance of $2,000.00 per year to reflect their additional responsibilities with inmates. Appendix 8 to the cOllective agreement sets out how and when this custodial responsibility allowance is paid, as follows': "This will confirm that effective January 1', 1984 a Custodial Responsibility Allowance 0f two thousand dollars ($2,000.00) per year is payable to employees Of the Ministry of Correctional Services and employees working in training. schools operated by the Ministry of Community and Social Services, in addition'to the rate of pay specified for the class of the positions to which they are assigned, provided they fulfil all of the following, requirements: (a) they are'not professional staff such as teachers, nurses, social workers or psychologists;. (b) the positions to which the employees are assigned are not covered by classes which already take into account responsibility for the control of-inmates or wards, such as 'Correctional· Officers, Industrial Officers, Supervisors of Juveniles, Observation and Detention Home Workers, Recreation Officers (Correctional Services), Trade Instructors and Provincial Bailiffs; (c) (i) they are'required, for the major portion of .their working time, to direct inmates or wards engaged in beneficial labour; (ii) as group leaders/lead hands, ~they are directly' responsible, for the major portion of their working ~ime, ~for operations involving the control of a number of inmates or wards engaged in beneficial labour; (d)· they are responsible~for the custody of inmates or wards~ in their charge and are~ required to report on their conduct and lay charges where breaches of institutional regulations occur." There is considerable Grievance SettlementBoard jurisprudence dealing with the very issue of when training and supervision of inmates, added to the regular duties of a classification, can take the incumbent Out of his class standard. The union relies on Townsend, GSB 22/85 (Brent), for the proposition that whether or not the employee is paid the custodial responsibility allowance is irrelevant when determining whether the job is properly classified. At page 25 of that award, the Board said: "ClearLy, whenever the allowance is paid, the Employer is recognizing that the employee is called upon +to perform custodial duties. It assumes that there is a proper classification of the employee's job before the allowance-becomes payable. If the job is not properly classified, the fact that the allowance is paid does not correct that wrong. We do agree, though, that if an' employee's job is properly within a .class series which does not recognize such responsibility as being part of the job, then the fact that those responsibilities are assigned when the job'is performed within a correctional facility should not enable the employee to claim that his job' should be classified in.any of the 'classes ~hich already take into account responsibility for the control of inmates...'." In that case, the grievor, who was classified as an Agricultural .Worker 2, fell outside of his standard because it encompassed "only group leaders of. two or more employees", and the grievor did not supervise any employees. However,.he did supervise a gang of about eight inmates who,. with him, ran a substantial' greenhouse operation. The Board-felt that the best fit for the grievor was in the Industrial Officer Class series because they are charged with running an enterprise to produce certain'end products using the' labour of inmates while teaching basic work skills and work habits. The Board found that the grievor was wrongly, classified and originally ordered the employer to create an apPropriate classification in the form.of a Berry order. The grievor was not satisfied with the employer's compliance with the Board's order and requested a second hearing. The Board then ordered that the grievor be placed in the Industrial. Officer classification which he had originally sought. In Braund, GSB '39/89 (Slone), a group of cooks at a correctional centre grieved that their jobs had evolved from merely preparing and serving meals at the institution to that of training and supervising inmates in those tasks and thus they had moved out of their assigned classification. Thatpanel of the Board reviewed Townsend and several other cases· and concluded that Townsend was to be distinguished on the basis that the grievor there clearly fell outside of his class standard irrespective of his custodial and training.duties. The Board said at page 26: " ...where the classification is pFima facie' appropriate, except arguably that it does not recognize the full degree of custodial responsibility allocated, it is our view that the payment of the CRA is relevant. The CRA is part of the bargain between the parties. It is a supplementary allowance for supplementary.duties performed. It is the grievors' argument that those duties have changed the character of their jobs. If that argument, were to prevail, then possibly every job involving custodial duties, sufficient to enjoy the. CRA could be held to be wrongly, classified. That would render the CRA superfluous. More appropriately, in our view, the CRA'should be seen' as a consensual quid pro quo for' employees.whose jobs'have, been given an added component which probably is not reflected in their classification, but where the 'bottom line' responsibility of the' job, as described in the standards, has not changed. In this case, the fundamental responsibility of the grievors is to get the meals on the table, on time, on budget and in a palatable form. Inmate help has always been a recognized component of the Cook 2 and 3 jobs. The- additional responsibility for inmates is precisely the added component that the CRA was designed 'to cover." In Goforth, GSB 18/85 (Wilson), the Board commented on the distinction between "directing inmates...engaged in beneficial labour", as set out in Appendix 8, and the duties described in the Industrial Offi6er class standard to "instruct and direct an assigned group~ ~f inmates". There it was said that it is the teaching aspect that matters and where, as in that ~case, the grievors who were Steam Plant Engineers at a .co'rrectional centre were required t° train and instruct inmates on tasks required of them, "which duties may be recognised as legitimate apprenticeship time towards Stationary Engineer Certification", the Board found that those teaching duties were clearly as sophisticated Or more so than the instruction given by Industrial Officers. ~he Board also found that. the~ grievors were improperly classified in the. General Maintenance class standard anyway because their substantial operational functions were not reflected'~in the class standard at all. Other cases have looked to the focus of the grievors' work to determine whether it is on the doing of the job itself, or on - instructing the inmates. As noted in Braund, supra, it was determined that getting the meals on the table was the focus, and 'the inmates were simply helping the cooks do their job. similarly, in Barkley/Jones, GSB 1520/87 (Kirkw0od), the Board f~und Et page 10: " We find that the grievors recognized their custodial~ responsibilities and the philosophy of the institution to use the inmates for-labour in order that they can be productive by using the inmates to perform ?their' work. The grievors delegated their electrical work to the inmates and supervised the inmates to ensure that the work performed conformed .to Ontario Hydro standards. Nevertheless, the grievors bore the responsibility for the electrical work. It was up to the grievors to decide how many inmates were required each day, and how 'they 'would use the inmates. It still remained the 'grieVors electrical work that the inmates were performing and the. inmates were assisting the grievors in the performance of their work." In that case, the class standard for the maintenance trades in which the grievors fell'provided that "the incumbents'are required to.supervise, guide and instruct their assigned [inmate] helpers,. There the Board found that the grievors comfortably fit into their classification as Maintenance Electricians. In Ennis, SChuler, GSB 17/85 (Kirkwood), at page 14,'the Board found on.the evidonce " ...that the work which the grievors performed was primarily directed to the maintenance and installation .of electrical work as opposed to being the custodian of .the inmates with the primary focus on their security. Supervision of the inmates is merely inherent to any job which brings an employee in contact with the inmate." In Lun~, GSB 595A/90 (Dissanayake), the Board reviewed~all of the above authorities and found the grieVor properly classified.as a Maintenance Plumber because: ~ !'While it could be-said that the grievor 'teaches' inmate helpers, it is'not as if .he suspends his maintenance duties in order to conduct lessons for them'. He is either performing his maintenance plumber duties himself with the assistance of the inmates, or he is .directing the maintenance plumbing work performed by the ~inmates~ In either case, the grievor remains responsible to get.the .job done to the appropriate standards expected. When he is instructing and directing inmates, the griever himself is engaged in plumbing work." In that case, the class standard provided explicitly that part of the incumbents'- duties included "supervision and instruction of...inmate helpers". In Ennis, Schuler, supra, the class standard included a duty to "supervise.;.inmate helpers". There it was f~und that {he duty 'to supervise inmates included, bY implication, a responsibility for the custody of the inmates, as the very essence of a correctional institution is to ensure the custody of its inmates. In Barkley/Jones, supra, the class standard for Maintenance Electrician provided that the i'incumbent trains and supervises inmate helpers". In Braund, supra, the Cooks class standard· required them to "direct the activities of...inmates'!. Furthermore, the standard p~0vided: "All employees in positions classified as Cook 2 or' higher in ~he series may be required to train and instruct...inmates". (The grievers were Cooks 2 and 3.) The Union cites Schrader, GSB 378/89 (Wils0n),~where a person classified as Agricultural Worker 2 was reclassified by the Board to the-Industrial Ofiicer 2 Standard. On page 13'the Board held: "Based on the evidence before us we must.conclude 'that the grlevor is a qualified, well-trained horticulture and landscape technician who conducts an operation which, in terms of work exposure for the inmates, is comparable to a commercial grower and lanascape operation." On page 12 of that decision the Board found that the ~rie~or was engaged in'far more than the supervision of unskilled labour. "He is teaching a job which does require applied technique. He himself has skills that might be 'described as craftsman's skills. His inmates when assigned to hi~ have to be taught everything, including a work ~thic itself-and the basic skills appropriate to-landscaping and horticulture." During the lengthy course of our hearings in this matter, two decisions were issued dealing directly with Supply Clerks in Correctional Institutions. in Jalea & Green, GSB 1052/89 (Lowe), the Board framed the issue as follows at page 10: "The question is not therefore whether or not there exist _ duties and activities performed by the grievor which are not mentioned in the class standard, but rather, is the substance or core of the grievor's duties so at variance with that set out in the class standard that the standard cannot fairly'be said to describe the grievor's role in the organization." There it was held that a Clerk 2 and a Clerk 6 at the Mimico Correctional Centre supervising four to six inmates and being responsible for showing the inmates what to do in the stockroom, reporting on misconducts and on occasion taking part in strip- searches of inmates, were properly classified in the Cierk Supply 'series. The Board found that the additional duties with inmates were covered by the language of Appendix 8 which, expressly requires the employee to be one who "directs inmates engaged in beneficial labour...is responsible for the control of a number of inmates~..and is responsible f_or the custody of inmates in his charge." In Semenciw et al, GSB 1448/91 (Barrett)_, it was found that four Supply Clerks at the Metro West Detention Centre were not improperly classified in their series despite their~ supervision, instruction and security responsibilities for inmates. In that case it was found at page 11: "In this case, the grievors clearly fit within their class standards with respect to their stockkeeping and clerical functions. We think Appendix 8 is relevant in assessing whether or not their duties with respect to inmates is the only feature which might take them out of their class standard. Appendix 8 makes it clear that the custodial duties for which the allowance is paid are in' addition to the duties of the positions to-which, they are assigned. Those duties are additional duties not set out in class standards. To that extent they expand the class standards..While it .is true that the class standards analyzed in the above-cited cases all make more mention of training and instruction than the Clerk Supply standard does, we also think that.the training and instruction offered by'the successful grievors was much more extensive than that offered by these clerks~ The inmate helpers in the stockrooms do primarily manual labour. The clerks can direct the inmates as they wish and are not responsible for.teaching them job skills, except to the extent that they.might wish to employ the helpers on some job or piece of equipment that requires ~instruction before deployment. The clerks determine whether' or not .and how much they wish to teach the inmates, but there is no requirement that they do any more than direct their manual labour~and ensure their custody. Any necessary instruction of the inmates relates only to safety standards, and that is not a complicated or -time-consuming endeav0ur. We do not think the instructional aspect in the storeroom necessarily goes beyond directing inmates engaged in beneficial labour. Thus their additional duties with respect to the inmates are covered under the custodial responsibility allowance." With respect to the instant grievances, we heard evidence first on the seven Guelph Correctional Centre grievances. The grievors are: Mr. Eckardt (Clerk Supply 7), Mr. Gallagher (Clerk SupPly 5), Ms. Austin (Clerk Supply 4), Mr. McCann (Clerk supply. 4), Mr. Martini (Clerk Suppty 3), Mr. Robinson (Clerk Supply 3) and Ms. Swan (Clerk~Supp!y 3).'Those' are all of the Supply Clerks at Guelph, with one anomalous exception. Mr. Singh is classified as a Correctional Officer 2 bdt works as a Clerk Supply 2 Under the supervision of Mr. Gatlagher and Mr. Eckardt. Mr. Singh'S situation arose as a result of a 1979 Grievance Settlemeht Board decision, GSB'#240/79 (Eberts), wherein it was held that the employer must accommodate Mr. Singh's religious beliefs by allowin~ him to wear a beard even though this prohibited him from acting effectively as_ a Correctional Officer. Thus he was placed in a Clerk Supply 2 position where he has remained ever since, but still retains his Correctional Office status and salary. Mr. Martini is a Clerk 3 Supply and it is his job to provide relief.staffing in a variety of areas, such as the clothes room, admission and. discharge, stockrooms and canteen. In the admission and discharge unit, Mr. Martini would supervise inmates during admission and discharge, prepare a variety of documents, photograph and fingerprint inmates, re~ord clothing and personal property for new admissions and release clothing and property to dischargees. The unit is supervised by a CO3 and, at the time of the grievances, two Clerks would assist. In the Fall of 1989 (after the grievances), Mr. Martini's relief duties in admission and discharge were curtailed, apparently as a result of someone else's grievance. From then on, coverage for admission and discharge became the responsibility of Correctional Officers. This would appear to ~e an ~admission by management that the duties in admission and discharge are more properly fulfilled by Correctional Officers. This fact would affect Mr. Martini's grievance if they had been part of his core duties prior to March 1988, when he filed his grievance. On the evidence though, Mr. Martini, who was hired in · 1987, did not commence admission and discharge duties until late 1987 or early 1988. Mr. Martini's calender reveals that he spent fifty-two days in admitting and discharge in 1988, which was about twenty-two percent of his working time. T-hat 'could certainly be considered a core duty in 1988, and might merit reclassification. if it continued. However, prior to the grievance Mr. Martini did very little of this'work and it was discontinued about a year-and- a-half after the grievance. We would not order a retroactive reclassification in the form of a Berry order to encompass duties outside one's classification which were imposed only for a discrete period of time, and later rescinded. . we must look to Mr. Martini's other relief duties around the time of his grievance to see if he is properly'classified in the Clerk Supply series. Mr. Martini spent ten to fifteen percent of his time performing relief duties in the inmate clothing room and another ten percent of his time relieving clerks in the canteen. The rest of his time was spent helping out in the main stores area. To examine the nature of his relief duties we have looked at the full-time duties of the clerks he replaces in those areas. In the canteen, a Clerk 4 and two Clerk 3's supervise about five or six inmates and fill inmates' orders for such sundry items as toothpaste, candy, pop and tobacco. The inmates fill the orders and a Clerk tallies the cost and checks to see that the inmate has sufficient funds in his canteen account to pay for his order. The inmates also stock shelves and help deliver' the canteen orders to the various units. The canteen Clerks allege that the training of inmates to compile these orders puts them in the same~category as Industrial Officers wh~ instruct inmates and supervise work in various industries. ~On the evidence, we find that these duties do not amount to more than "directing. inmates engaged in beneficial labour" as set Qut in the custodial responsibility allowance, and do not Constitute the type of training and production contemplated. in the Industrial Officer standards. Ms. Austin is a Clerk 4 Supply who runs the inmate clothing room with the help of eight to ten inmates. The sort of work these inmates do is normally done in an institution laundry which is run by Industrial Officers. At Guelph, there is not enough room in the laundry to do the sorting, folding and organizing of the clean laundry, so it is done in. the separate inmate clothing room. The clothing room has a sewing machine, and Ms. Austin always supervises one inmate on the sewing machine doing minor repairs and alterations. Ms. Austin usually gets an inmate experienced on the sewing machine, perhaps someone who had been trained in the textile shop, but Ms. Austin would often have to train the inmate up to her exacting standards. The other inmates were trained to sort, size, fold and store the clothing and to assemble "blue boxes" containing numbered running shoes, locks, cups, tobacco and toothpaste for new inmates. Ms. Austin testified that she spent one-half h~ur to one hour per day working with the sewing machine operator. We heard evidence from the Industrial Officer 3 who runs the institution laandry with two other Industrial Officers and about 30 inmates. Inmates in the laundry room do many of the same sorting and folding functions 'as those in the clothing room but,' in addition, they are trained to operate the washers and dryers, flat irons, a shirt folding machine, steam press and pillow making. There are two sewing machines in the laundry used in the pillow making job, but no inmate clothing repairs are done in the laundry. Certainly Ms. Austin's job~has aspects of a Laundry Officer's job. She directs a large number'of inmates and teaches one inmate at a time to do sewing machine repairs and alterations. The training of inmates to sort and fold clothing does not in our view constitute the sort'of.job skills t~aining the Industrial Officers provide and falls fully within the ambit of stockkeeping functions. Sewing machine operation is an industrial skill, but Ms. AuStin does not usually train these operators from scratch. Generally they have already been trained in the textile shop or in the community and Ms. Austin shows them how to apply those skills to alterations and repairs. We cannot say though, that the amount of time Ms. Austin spends at this task, nor the nature of the skills taught are sufficient to put her in the Industrial Officer series, nor take her out.of.the Clerk Supply series. The vast majority of her responsibilities are involved with receiving, stOring and distributing inmate clothing. The grievors who run the very large main Stockroom,~ Mr. Eckardt and Mr. Gallagher, and sometimes Mr. Martini, supervise only one or two inmates, usually one, and perform all of the usual stockkeeping functions in receiving, storing and distributing goods and inventory control. We are not persuaded that responding .to blue alerts and the r~gular searching of.inmates are outside of the normal custodial duties required of people who receive the custodial responsibility allowance' · Searching one's own inmates is part of being "responsible for the custody of inmates or wards in their charge" as specified in Appendix' 8 to the Collective Agreement. The fact that these clerks search inmates other than their own due to a policy change in the institution arising out of a Grievance Settlement Board decision does not, in our view, change the nature of the duty, or the. significance of it. Similarly, although responding to blue alerts cannot be said to 'fall within the wording of Appendix 8, the frequency of this ~esponse requirement, particularly in the outside, stores area, is so low that it cannot be described as anything more than a peripheral duty. All staff in the institution are required to respond to blue alerts re~gardless of their 'classification, and when doing so they act only as back-up for Correctional officers. Now we address the usage aspect of these grievances. In all of the stores areas,'when a Clerk is absent and. Mr. Martini is not available to replace him or her, a Correctional Officer is almost invariably deplOyed.' Thus, in.many cases, a lower-paid Clerk is supervising a higher-paid Correctional Officer. This is a permanent situation in the case of Mr. Singh, the Correctional Officer who has been filling a Clerk Supply 2 position for many years. Mr. Singh's Supervisor 'is Mr. Eckardt, who is a Clerk Supply 7 and earns more than a C02. However, the AssiStant Storekeeper. who is .a Clerk Supply 5 and covers for Mr. Eckardt in his absence earns. less than a. C02. The Union relies upon Beals and Cain, GSB 34/79 (Draper) for the proposition that an' employe~'s position is improperly, classified if it is not placed in the. highest classification in the system hierarchy to which his work, measured against the work of ~ther employees' whose positions are in related classifications, 'entitles him. Furthermore, in order to respect the~proper internal.i~tegrity and hierarchy Of 'jobs, a supervisor should be classified higher than the people he or she supervises. (Anstett GSB 5/85 (Knopf) and Heslinga GSB 12/85 (Kirkwood)). This is.the sole argument.of the grievors from the Toronto Jail and we will' deal with it below. Suffice it to say here that we do not agree with the proposition that one can found a usage argument based on temporary out-of-classification job duties. 18 With respect to Mr. Singh, his case is'a recognized anomaly, Y and is not a case where the.employer's classification practices differ from the written classification standards. Mr. Singh performs only Clerk Supply 2 duties and is clearly, but not surprisingly due to the unique factors in his case, wrongly classified as a Correctional Officer 2. That is. not an adequate foundation for a usage argument and certainly not for a standards argument. In summary then, With respect to the Guelph Correctional Centre grievors, we find that they are properly classified in the Clerk Supply series and that the custodial responsibility allowance adequately covers their extra training and custodial duties with inmates. We think that these grievances on their facts are substantially similar to Jatea & Green'and Semenciw (supra) so that a similar result should be reached and the grievances must be dismissed. We mOve next to the two grievances arising ou~ of the Toronto Jail. Mr. Menarik was a Clerk Supply 2 and Mr. Kirby was a Clerk Supply 6 at the time their .grievances were filed in May 1988. At the hearing, these grievors abandoned their argument with respect to the Industrial Officer comparison based on the degree of supervision'and training of inmates.. They base their argument on Beals & Cain, Bors. et al, GSB 1283/91 (Barrett), Heslin~a and. Anstett, cited supra, for a usage argument. For some years, and in particular, for the year prior to the grievances, Mr. Menarik was absent a great deal of time. In the year prior to the grievances he was absent for a total of 94 days, sixty of which were' vacation and the remaining thirty-four were sick days. In almost every case he was replaced by.a Correctional Officer 2. Thus for those 94 days Mr. Kirby was supervising a higher-paid and higher-c~assified CO2. Therefore he is'requesting pay at the CO3' level for the period from twenty days prior to the .filing of the grievance to August 1989, when he left the jail. Similarly, Mr. Menarik requests the difference in pay.between a Clerk Supply 2 and a Correctional Officer 2 for the period from twenty days prior to his. grievance until his retirement date in-February 1990. On his behalf it is argued that he should be classified at the same level~ as the person .who replaced him for approximately fifty percent of' his working time, i.e. CO2. It was the Employer's evidence that of the 190 staff at the jail, 138 are Correctional Officers. Pursuant to standing orders a Clerk can never be alone in the stockroom and therefore when Mr. Menarik was absent, he had to be replaced. The replacement person had to be'someone familiar with-key control procedures and working with inmates. Besides CO2's, the only other people available to replace the Clerks are the maintenance workers, and Occasionally they fill in if they are not otherwise engaged. Usually, however, it is the C02's who-are employed because that is the largest available labour pool from which to draw. The Union argues, that a "grievor's position is~ improperly classified if it is not placed in the highest classification in the system hierarchy to which his work, measured against the work of employees whose positions are in related classifications, entitles him." (Beals & Cain, supra). .If the work is done half the time by a C02~, then the CS2 is entitled to th~ same classification as the CO2. Similarly, ~n order to respect the proper' internal integrity and hierarchy of jobs, a person supervising certain classifications should be classified higher than them. (Anstett and HeSlinqa, supra). The Employer argues that a lot of temporary work doesn't make a full-time position. Pursuant to the collective agreement, when a higher-paid 'classification replaces a lower-paid classification on a temporary basis, he is entitled to retain his higher pay, but performs the job duties of the lower classification. If there had been a real vacancy here it should have been posted, and was not' and no grievances arose out of the lack of posting. These were truly temporary, albeit substantial, replacements, sporadic in nature to a large degree. All of the cases cited by the Union dealt.with permanent assignments and permanent job duties and can have no application to a temporary situation. When Mr. Kirby is ~upervising the C02 he is really supervising a CS2, as it is those duties that the incumbent is performing. With respect to the eqUities the Employer points out that it would be grossly unfair to allow Mr. Menarik to take advantage of his own absences and claim the' pay of a higher classification simply because a high'er paid perso.n filled in for him. Similarly Mr. Kirby's case is based Upon the assumption that Mr. Menarik should be reclassified to C02 and hence he should be classified at the C03 level by reason of' his supervising a C02. We accept the Employer argument ~nd. dismiss these grievances. The next grievance is that of Mr. Tompkins, who was a'Clerk Supply 2 at the Barrie Jail in June 1988, when he filed .his' grievance. He left his job in July 1989 so is not requesting a retroactive reclassification, but requests'retroactive compensation in the amount of the difference b~tween his salary rate and that of an Industrial Officer 1 during the relevant time period. Mr. Tompkins compares himself with Laundry Officers in other correctional institutions, who are classified at the Industrial Officer l'level. Barrie is a small jail and the laundry, consisting ~of two washers and two dryers,.is located in the. stores area. A Clerk Supply 5 was in charge of the stores and laundry area and Mr. Tompkins worked part-time, twenty-four hours a week, mainly looking after the laundry. In July, 1989 he was declared redundant and not replaced. Now the clerk Supply 5 runs the stockroom and laundry alone. Mr. Tompkins' job specification requiredhim to work eighty percent of his time in stores and twenty percent of his time in laundry, but Mr. Tompkins testified that he spent the largest majority of his time supervising two inmates who did the laundry. 22 Mr. Tompkins and the inmates also assisted in the stores, area when needed, and he would take over the CS5's duties when he was absent. Inmate clgthing is stored in the laundry room and is continually recycled through there. The Barrie Jail has an inmate population of about 110, and their laundry is done here, as well as the laundry of up to sixty inmates~ who are engaged at an outside work camp. The inmates employed in ~he laundry are on temporary absence permits and the storekeepers are allowed to take 'them'outside the institution when needed. The inmates, under the direction of Mr. Tompkins, would sort the 'dirty laundry and put it into the machines. The machines are operated by a computer card so the inmate would simply put the card in the machine, turn a_handte and push a button. Detergents and chemicals are pumped into the machine autOmatically pursuant to the .carded instructions. The dryer~ are simple industrial machines which must be swept Out every day. After drying, the clothes must then be folded and stacked on shelves. The inmates would regularly make up shower rolls for. the prison population .consisting of underwear, socks and a t-shirt wrapped in a towel. Mr. Tompkins would do any minor repairs to the machines that he could handle himself and reques% an outside contractor for major repairs. Under cross-examination Mr. Tompkins testified that there is no repair work done in the laundry, no laundry production records are kept, no formal scheduling is done, and the only paperwork involved was a record of blankets washed that Mr. Tompkins kept in a notebook. , , 23 The Union called Mr. Di Poce to testify about the job of an Industrial Officer '1, Laundry Officer, at the Toronto East Detention Centre. It is his job that Mr. Tompkins compares himself to from both a usage and'a class standards point of view. Mr~ Di Poce works with a CO2 in the laundry and between the two of them they supervise ten to twelve inmates operating four washers, six dryers and one sewing machine for repairs. Mr. Di Poce is in charge of the laundry and is paid more than the.C02 who assists him. Like Mr. Tompkins, Mr. Di Poce and the CO2 trainthe inmates to sort clothes. They pick up dirty laundry from the units and distribute~clean laundrY on a one-forgone exchange .basis, 'with their inmate helpers. 'Mr. Di 'Poce schedules the laundry, requisitions supplies from the storekeeper and maintains a log book for his schedules, but record-keeping for stock-on-hand is done in the storeroom. Mr. Di Poce's laundry doesn't have presses or extractors as set out in his job description; apparently they were eliminated some time before 1986.. Mr. Di Poce doesn't do budgeting- either, 'although apparently his supervisor, the Assistant Superintendent, does the budget by simply tallying up Mr. Di Poce's requisitions for'the previous year'and adding a certain percentage for inflation. The Employer called Mr. Callender to give evidence regarding his job duties as Clerk Supply 5 at the Barrie Jail. He was a CO2 who was asked to'fill in for Mr. Tompkins in the stores and laundry area in December 1988, while Mr. Tompkins was off sick. A few months later the Clerk Supply 5 retired and Mr. Callender stayed on to do his~job, eventually winning a job competition for it. Mr. Tompkins was still off sick around this time. He didn't return Until about the Spring of 1989 for a few weeks, and then he was released. Mr. Callender now looks after.the stores and laundry by himself with two inmate helpers. Basically he shows the inmates what to do and leaves tkem to do it. He supervises them primarily from his office, which has a large window looking into the laundry room. On weekends the inmates do the laundry by themselves with the Shift Supervisor~ having responsibility for them, but he does not closely supervise them. Mr. Callender says it takes about ten· · minutes to train a new inmate, but he always has one experienced inmate working with a new one to assist in his orientation.. Apparently laundry is a favoured job for inmates and they are anxious to do t%e job well in order to keep it. CertainlyMr. Di Poce's laundry is run on a much smaller scale than the Guelph Correctional Institution laundry. It has fewer machines an·d no pillow-making operation, thus fewer opportunities to train inmates in industrial skills. Nevertheless, Mr.· Di Poce has~ full responsibility for the laundry and reports~ to' the assistant· superintendent. He supervises a CO2 and ten to twelve inmates. Mr. Tompkins was working under the general supervision of a CS5 and shared supervision of two inmates with him. The Barrie laundry is much smaller in scale than that at the Toronto East Detention Centre and miniscule in comparison with the Guelph Correctional Institute laundry. This difference is size is not , 25 only quantitative, but qualitative. Basically the inmates learn their tasks very quickly and get on with the work. If Mr. Tompkins spent eighty percent of his part-time wOrk week in the laundry as he says he did, it would seem .excessive in the circumstances and not really required of him. Presumably the employer recognized this when it declared his position redundant. The class definition for Industrial Officer 1 requires that: "Employees in positions allocated to this class instruct and direct an assigned group of inmates in the processing in volume of various products, food, clothing, and maintenance supplies at reformatories and industrial farms. These duties do not require skills to the level Of the designated trades. ~hey share responsibilities with their supervisors, and with any custodial officers assigned, for the security and work performance of inmate helpers. They insure the observance.of sa.fety precautions, demonstrate methods, and assist in maintaining quality control and in meeting production schedules." We do not find in Mr. Tompkins job the instructional nor volume requirements of the Industrial Officer class 1 definition. Moreover, the Clerk Supply 2 class definition specifies: "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." We, think this definition more accurately describes the duties of Mr. Tompkins, in part'icular where combined with the extra duties set out in the custodial responsibility allowance requiring him to "direct inmates engaged in beneficial labour." Union Counsel compares the laundry operation at the Barrie jail to the cannery operation run in conjunction with-a stockroom in Smith, GSB 1461/88 (Devlin). In that case the grievor ran a cannery operation where he instructed and directed eight or nine inmates in a start-to-finish cannery operation where he was responsible for maintaining quality control and meeting production schedules. The Board made a Berry order requiring his classification from the Clerk Supply 2 classification to some other more appropriate'classification, while noting that because of his stockkeeping duties he could not fit into the Industrial Officer class standard. Again, we cannot see any ~qualitative or quantitative comparison between the Barrie laundry operation and the cannery operation' described in Smith. Accordingly this grievance must fail. " On the last day of our hearings', the Union withdrew the grievance of Frank Wilcox at the Toronto East Detention Centre,'and · called no evidence on the Vareta grievance from the same institution, and so we dismissed that grievance as well. Dated at Toronto this 9th day of Augusl, 1993. A. Barrett, V'~¢e-Cha'irpe~son J;CLaniel, Me. er I. Cowan, ~e~er