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HomeMy WebLinkAbout1988-0391.Hazlewood.90-07-30· :' . ' ~. ,'. ~ ONTARIO EMPLOYES DE LA COURONNE .' . 'T' ' CROWNEMPLOYEES DEL~ONTARfO GRIEVANCE COMMISSION DE SETTLEMENT R =GLEMENT BOARD DES GRIEFS 180 DUNDAs STREET WEST, TORONTO, ONTAR/O~ M$~ ?Z$- SUITE 2~00 TE(.EPHONE/T~L~PHONE 180, RUE DUNDAS OUEST, TORONTO, (ONTARIO) MSG 1Z8 - BUREAU 2100 (416) 598-0688 391/88 IN THE MATTER OF AN ARBITP. ATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Hazlewood) Grievor - and - The Crown in Right of Ontario (Ministry of Community & Social Services) Employer - and - BEFORE: A. Barrett Vice-Chairperson M. Vorster Member H. Roberts Member FOR THE L. Trachuk GRIEVOR Counse% Cornish Roland' Barristers & Solicitors FOR THE W. Emerson EMPLOYER Employees Relations Officer Human Resources Branch Ministry of Community& Social Services HEARING: August 18, 1989 July 4, i990 This is a classification grievance. The grievor is classified as a Psychometrist 1 and says that she should be ciassified as a Psychometrist 2 because she performs functions "substantially similar" to another psychometrist 2 employed in the same facility. The grievor did not attempt to fit herself within the class standard for Psychometrist 2 and proceeded solely on the "usage" test; that is, that she is performing substantially the same duties as one Mr. Corbin, who is classified as a Psychometrist 2 - Atypical. At the hearing both parties submitted statements of.facts and issues and we proceeded to hear evidence concerning the areas of disagreement. After all of .the evidence was in, employer counsel conceded that the grievor had met the usage test in that herduties and responsibilities were substantially similar to those of Mr. Corbin. The union says that the grievor, having met the usage test, is entitled to succeed in her grievance. Employer counsel, citing Bahl .G.S.B. 891/85, says that it is not sufficient to simply show that one employee in a higher classification performs the same work as the grievor where it can be shown that the comparison employee is wrongly classified himself. Mr. Corbin was a Psychometrist 1 and filed a classification grievance in 1985. The grievance was eventually settled in 1988 with him being reclassified as a .Psychometrist 2 - Atypical. He was granted the re-classification retroactive to the date of his grievance. There was some evidence led at our hearing that Mr. Corbin does not perform all of the duties of other Psych°metrist 2's, but this evidence fell far short of persuading us that Mr. corbin is Wrongly classified. In fact, it is hard to' imagine what evidence an employer could lead which would persuade us its own uncorrected classification of an employee is'too high. Accordingly, the grievance succeeds and the grievor shall be re-classified as a Psychometrist 2 - Atypical, and compensated for lost wages and benefits to the date of the filing of her grievance. We retain our jurisdiction to resolve any difficulties arising out of the implementation of this order. DATED at Toronto, thJs 30~h day of July 1990. A. BARRETT, ~ice-Chairperson M. VORSTER, Member H. ROBERTS, Member