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HomeMy WebLinkAbout1988-1461.Smith.90-10-12 ONTARIO £MPLOYF. S DE LA COURONNE CROWN £MPLO YEES DE L 'ONTARIO GRIEVANCE C,OMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET wEST, SUtTE 2~100. TORONTO. ONTARIO. M5G IZ8 TELEJ:~'IONE/TEL~_RHO~E: (416) 326- t388 180. RUE DUNDAS OUEST, BUREAU 2100, TC~RONTO ~,ONTARIO), MSG IZ8 FAC$1MtLE/T~L£COP*.E : (416) 326-1396 1461/88 IN THE MATTER OF AN ARBIT~TION Under · " THE CROWN 'EHPLOYEE~ COLLECTIVE. BARG~tINING ACT · Before THE GRIE~'ANCE SETTLEMENT BOARD BETWEEN OPSEU (Smith) Grievor The Crown in Right of Ontario (Ministry of Correctional Services) ~_. Employer BEFORE: J.H. De%lin Vice-Chairperson I. Thomson Member D. Walkinshaw Member FOR THE J. Hayes GRIEVOR Counsel Cavalluzzo, Hayes & Lennon Barristers & Solicitors FOR THE J. Benedict EMPLOYER Manager Staff Relations & Compensption Human'Resources Branch Ministry of Correctional Services HEARING July 10, 1989 July 4, 1990 August 29, 1990 1 In the grievance which is dated November 22, 1988, the Grievor, David Smith, claims that he is improperly classified as ' a Clerk 2, Supply and requests reclassification as an Industrial Officer 1. The Clerk, Supply series cOvers positions of employees throughout the Public Service whereas the Industrial officer series applies only.to positions within the Ministry of~ Correctional Services. The class standards for the Clerk 2, Supply, the Clerk 4, Supply and the Industrial Officer 1 are as follows:~ PREAMBLE ~'C~ERK SUPPLY SERIES These classes cover the positions of employees who perform a variety of clerical, manual, administrative repair or purchasing function~ 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 minihum - 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 thg.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 tremendous 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 %he 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. ~Stockrooms having less than 100 different types of stock are, for the purpose of this class series, considered to be equivalent to specific specialized sections of larger stockrooms, and the positions will be classified accordingly. Tvpes of Stock: Each type of stock normally requires a separate bin card and -consists of a number of identical items. Stockroom: An area specifically designated for the receipt, secure storage and issue of equipment and/or supplies and which requires the full-time attendance of one or more employees, cabinets, closets or cupboard lock-ups used for the storing of small 'quantities of materials are excluded. SUBSIDIARY STOCKROOM: A stockroom which is physically separated (remotely or by partition or as a secure compound) from the other supply areas and which, although operated as an entity, forms part of a larger unit of supply organization. Specialized Section: A component unit of a large stockroom having a specialized function e.g. plumbing supplies, clothing, linens, office supplies, etc. which may or may not be physically separate or partitioned from the main supply area. Apart from the exceptions mentioned above, the sizes of stockkeeping operations are defined as follows: Small Stockroom -This is a small stockroom operated by one employee or by one employee and an assistant. 'Medium Stockroom -This is a stockroom which requires a supervisor and two to four subordinates° Large Stockroom -A stockroom which requires a supervisor and five to nine subordinates. Very Large Stockroom -A stockroom which requires a supervisor and a minimum of ten subordinates. Supervision: Positions supervised include 6nly those filled by temporary or permanent Civil Servants or by continuously employed pubic servants who report to the supervisor for discipline, work assignment and administrative control. This includes all clerk supply, clerk general, machine operating, clerk messenger and driver positions concerned in the overall operation of the duties assigned to the stockroom supervisor. ' No credit for supervision will be given for non-continuous help, or for employees temporarily on loan from other organizations. Neither is credit given for employees who report to the supervisor purely for administrative convenience, when these employees are not involved in the operation of the stockroom or any of the auxiliary duties assigned to it. Purchasing: In respect to stockroom operations involves locating supplies, interviewing salesmen, evaluating prices submitted by tender, deciding on the articles to purchase and the actual placing of purchase orders or the submission of purchase orders to a superior for signature. No credit can be given for .the purchasing functions unless the supervisor is held responsible for the articles purchases and the quotation prices accepted. The automatic requisitioning of standard items or the ordering of standard items from designed sources is excluded from purchasing this definition. CLERK 2, SUPPLY .... CLASS DEFINITION: This class'covers the positions of employees performing a variety of routine manual and clerical duties in stockrooms '4 Under general supervision, they carry our a number of the various tasks'connected with the receiving, sro'rage, handling and distribution of a wide variety of equipment and supplies. They check incoming shipments against weigh bills for shortage and damage in transit; check quantities against packing slips and purchase orders; contact suppliers regarding short shipments, delays,' back orders etc; place items on shelves or'bins, adjusting bin cards to keep perpetual inventory. They also maintain stock ledgers or cards showing the receipt and issue of all articles including the value of items on hand. They assemble o~ders for authorized requisitions; tag and address shipments; contact they conveyer and complete necessary records for the transaction. This is a terminal class for employees who perform in a supply area, simple clerical duties in cgDjunction with tasks requiring the~frequent-application of'considerable physical effort or the operation of mechanical equipment. QUALIFICATIONS: 1. Grade 10~or equivalent in academic training and practical experience with ~ good working knowledge. 2. A minimum of two years' stockroom or related experience. 3. Ability to follow simple, specific, oral or written instructions: ability to maintain clerical records: good physical condition; personal suitability. CLERK 4, SUPPLY CLASS DEFINITION: This class covers the positions of employees who, under general supervision, have full responsibility for the operation of a small stockroom where the work volume may require one full- time assistant. They ensure the careful checking of incoming stock; the shipment of stock against authorized requisitions, and the security of the stockroom. They decide minimum maximum requirements; requisition supplies; keep a perpetual inventory; maintain all necessary ledger records and prepare reports of the operation for the supervisor~ This class also covers the positions of employees in charge of a specific specialized section of a large stockroom, involving supervision of two or more subordinates~ the maintenance of all stock records in their area and the completion of reports for their, supervisors. This class also covers positions of. employees who are second in charge of a large stockroom where the organization is not broken down into recognized units as above. To qualify for this classification positions must have continuous responsibility for the efficiency of the operations, work assignments and solution of day to day problems and would assume supervisory charge of the stockroom during the supervisor absence. This class covers the positions of supervisors in reform institutions in charge.of centralized stockkeeping operations with an annual stock turn-over value of less .than $150,000. This class also covers the positions of supervisors in 'charge of a centralized stockkeeping operation in Ontario Hospitals with fewer than one hundred beds. OUALIFICATIONS: 1. Grade l0 or an acceptable.equivalent of academic training and experience. 2. 'A minimum of four years' experience in stockroom work. 3. Ability to maintain records and follow specific written and oral instructions; a good knowledge of the type of stock involved; good physical condition; supervisory ability; personal suitability. INDUSTRIAL OFFICER 1 CLASS DEFINITION: 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 to not require skills to the level of the designated trades. They share responsibility with their supervisors, and with any custodial officers assigned, for the security and work performance of inmate helpers.. They ensure the observance of safety precautions, demonstrate methods, and assist in maintaining quality control and in meeting production schedules. They submit reports on any irregularities and make recommendations for changes in routine or for disciplinary action. They ensure the proper use of equipment and direct and assist in necessary repairs. In most positions they participate in all operations supervised in order to demonstrate and maintain reasonable work standards. OUALIFICATIONS: 1. Grade 8 education, 'preferably Grade 10; practical knowledge of skills related to the work to be performed. 2. Two years of satisfactory related experience, part of which may have been on custodial duties. 3. Supervisory and instructional ability related to the kind of ~_~_~__~ork to be performed; ability to deal effectively with ~nmp~es; ability to assess standards of inmates' industry and conduct. Since July of 1985, the Grievor.-has been employed as a Stores Clerk at the Burtch Correctional Centre, a minimum security institution located near Brantford, Ontario. The institution generally houses approximately 200 inmates who have been sentenced to reformatory terms. The Grievor works in the stockroom where he reports to Carol Guilfoyle, the Storekeeper. Ms. Guilfoyle is classified as a Clerk 6, Supply and also has an outstanding classification grievance pending before the Board. Ms. Guilfoyle reports to Robert Stuart, the Office Manager and he reports, in turn, to the Superintendent, Mr. Moclair. There are two departments in the stockroom; one for' institutional stores and the other for industrial stores° The industrial stores consist of raw materials such a sugar, salt, labels, cartons and cans which are'used in the institution's cannery. The raw materials are ordered by the Storekeeper who is. 7 also involved in planning with respect to cannery production. Taking into account both the institutional and the industrial stores, the annual turnover in the'stockroom for 1988/B9 was approximately $2,200,000. The cannery is located adjacent to the ~s~tock~o~a~nd operates year round except for the period from April to July, during which there is a maintenance shutdown. The products produced in the cannery include canned fruit and vegetables, fruit juices, jam and pie filling. The personnel in the cannery consists of the Cannery Manager, two employees classified as Industrial Officers who supervise inmate helpers assigned to the production line and a number of Correctional Officers who are responsible for .the inmate count. Empty cans are fed into the cannery from a track which originates in the upper level of the stockroom. Inside the cannery, the product is canned and the cans then travel along a track into the stockroom where they are checked to ensure that they are properly sealed and were not damaged or dented'during the production process. The'cans are then labelled, placed boxes, palletized ~nd stored in rotating stock. Canned goods are shipped from the stockroom to other institutions on demand. The evidence indicates that, as a matter of convenience, the Grievor and Ms. Guilfoyle each assume 8 responsibility for one of the departments in the stockroom. There are, however, some duties, such as the purchasing of industrial stores, which are performed entirely by Ms. Guilfoyle who'has overall responsibility for the stockroom. The Grievor's duties fall into two categories: one involving stockkeeping duties and the other involving duties relating.to the cannery operation. The Grievor also performs the functions of both the Storekeeper and the Canteen officer during periods of vacation, illness or other absences. The stockkeeping duties performed by the Grievor include receiving and checking incoming shipments of goods, maintaining appropriate records of goods received and issuing goods to various areas of the institution. The Grievor also monitors and maintains inventory levels, maintains recreation substores; maintains and issues cleaning Supplies and monitors and regulates levels of usage. As well, the Grievor assists the Storekeeper in receiving industrial stores and arranging for the shipment of canned goods. % The Grievor testified that some of the stockkeeping duties, such as those, which involve maintaining records, are performed entirely by himself and Ms. Guilfoyle. 'Similarly, only 'the Grievor and Ms. Guilfoyle operate the tow motor. Other stockkeeping duties, however, are performed with the assistance of inmate helpers, in this regard, the evidence indicates that 9 inmates are assigned to the stockroom on a daily basis from 8:00 a.m. to 11:30 a.m. and from 1:00 p.m. to 3:30 or 4:00 p.mo While in the stockroom, inmates work under the supervision of Ms. Guilfoyle and the Grievor as a consequence of which Ms. Guilfoyle and the Grievor each receive the custodial responsibility allowance provided for in the Collective Agreement. When the cannery is not in production, there are generally two to three inmates assigned to the stockroom.daily. They assist in unloading trucks, s~ocking shelves and moving stock items with the use of hand trucks and battery operated fork lifts. They also obtain gas under supervision and assist in packing and delivering orders (with the exception of drug orders) to various areas of the institution. When the cannery is operating, there are generally eight or nine inmates assigned to the stockroom on a daily basis. One inmate is assigned to feed the empty cans into the cannery · and the other inmates work in the packing room where they check and label cans coming from the cannery. They also package the cans into boxes which they tape and palletize. The boxes are then moved into the storage area by Ms. Guilfoyle or the Grievor using a tow motor. Both the Grievor and Ms. Guilf6yle testified that there is a high turnover of inmates assigned to the stockroom as a 10 consequence of which they are constantly-involved in training. The Grievor also testified that many of the inmates are poorly educated and have limited work skills such that they require ongoing instruction and supervision. In the course of his evidence, the Grievor reviewed the class standard for the Industrial OfficerL 1 and testified that this standard accurately reflects his job duties. In this regard, the Grievor testified that.be'instructs and directs inmates in the processing of canned goods and other stock items which must be distributed to various areas of the institution. Together with Ms. Guilfoyle, the Grievor is also responsible for the security and work performance of the inmates assigned to the stockroom. The Grievor and Ms. Guilf6yle evaluate the performance of these inmates and their evaluation may reflect on each inmate's record at the institution. The Grievor also ensures the observance of safety precautions and assists in maintaining quality control by inspecting the cans coming from the cannery. Ms. Guilfoyle testified that this inspection is particularly important because a dented can may explode in the storage area and cause considerable damage. In addition, the Grievor must meet production schedules by ensuring that the appropriate cans are fed into the cannery 11 and that the canned goods are labelled and packaged as they come off the track from the cannery. Ms. Guilfoyle testified that when the cannery is in operation, she and the Grievor may spend up 80% of their time involved in duties relating to the cannery and, during these periods, servicing the cannery is their first priority. The Grievor testified that he also prepares reports relating to cannery products and changes in routine as well as reports on the inmates whom he supervises. In addition, the Grievor ensures that proper use is made of equipment and performs minor repairs as necessary. Finally, the Grievor demonstrates all operations including the labelling and packaging of cannery products and has himself performed these duties. Also called to give evidence in support of the Grievor's claim for reclassification was Robert Stuart, the Office Manager at the Bu~tch Correctional Centre to whom Ms. Guilfoyle reports. Mr. Stuart testifiedthat, inhis opinion, the Grievor performs duties beyond the classification of Clerk 2, Supply. It was Mr. Stuart's view and that of a number of other members of management at Burtch as well as a member of the Ministry's Regional staff that the Grievor should be reclassified as a Clerk 4, Supply. 7 12 The issue then is'whether the Grievor has made out a claim for reclassification as an IndustrialiOfficer 1. In addressing this issue; the first task of the Board is to determine whether the Grievor is' properly classified as a Clerk 2, Supply and for this purpose, it is necessary to measure the Grievor's job duties against the relevant class standard. The Clerk'2, Supply class standard applies to employee~.performing a variety of routine manual and clerical duties in stockrooms. Under general.supervision, they carry' out a number of 'the various tasks connected with the receiving, storage, handling and' distribution of a wide variety.of equipment and supplies. These tasks are more particularly described in the ~lasS standard. In our view, the class stahdard for the.Clerk 2, Supply generally describes stockkeeping, duties of the nature performed by the Grievor. It does'not,.however, accurately .reflect the measure of independence or responsibility with which the Grievor performs these duties, nor does it take into account the requirement for the Grievor to perform the functions of the Storekeeper in the absence of Ms. Guilfoyle. In the result, the we finds that the Grievor is not properly classified as a Clerk 2, Supply. In these circumstances, it is necessary to consider the class standard for the Clerk 4, Supply as this was the classification believed to be appropriate by local management at 13 the Burtch Correctional Centre. This standard covers the positions of employees who are second in charge of a large stockroom where the organization is not broken down into recognized units. Employees in such positions must have continuous responsibility for the efficiency of the operation, work assignments and the.solution of day-to-day problems. These employees also assume supervisory charge of stockroom during the supervisor's absence. Although the preamble to the Clerk Supply series defines a "large stockroom'' by the number of staff required for the 'operation, it also indicates that in reform institutions, such as the Burtch Correctional Centre, the value of'annual stock turnover is used as a basis for comparisoh. In fact, it was on the basis of stock turnover that Ms. Guilfoyle testified that the stockroom at Burtch is considered to be a large stockroom. If this is the case, then it can be said that the class standard for the Clerk 4, Supply recognizes the leVeI of responsibility. exercised by the Grievor in relation to his stockkeeping duties. It also appears to. recognize the requirement for the Grievor to perform the duties of the Storekeeper in the absence of Ms. Guilfoyle. Moreover, to the extent that the Grievor is required to direct inmates in the performance of stockkeeping duties, we agree with the Employer that he is appropriatelyLcompensated by 14 the payment of the custodial responsibility allowance. ·This allowance is payable to employees in classifications such as those in the Clerk Supply ~eries which do not already take into account responsibility for the control of inmates where the employee is required for the major portion of his working time to direct inmates engaged in beneficial labour. The Grievor, however, spends'a significant amount'of his time instructing and supervising inmates in duties relating to the cannery operation and, in particular, in feeding the cans into the cannery and labelling and packaging the canned goods which come along the track into the stockroom.. In the Board's view, these duties are more closely associated with the cannery operation than with stockkeeping and, therefore, are not co%ered by the positions in the Clerk Supply serieS. For this reason, the Grievor cannot properly be classified as a Clerk 4, Supply and this cannot be remedied Dy the payment of the custodial responsibility allowance. In the circumstances, then it is necessary to consider the class standard for the Industrial officer 1. This standard covers the positions of employees who instruct and direct inmates in the '"processing in volume of Yarious products". On this basis, the Employer submitted that the standard applies only to employees who are engaged in the production of a product. As the .Grievor is not involved in the production process, the Employer 15 contended tha% his claim for reclassification as an Industrial Officer 1 must fail. It is apparent, howeuer, that ~t the Burtch Correctional Centre and at the Toronto West Detention Centre, there are Laundry officers who are classified as Industrial Officers, although it cannot be said that employees in the Laundry are engaged in producing a product. In any event, even if the Grievor could s~tisfy this initial criterion of the Industrial Officer 1 class standard, we are of the view that the Grievor is not properly classified as an Industrial Officer 1. Admittedly, the Industrial Officer 1 class standard outlines certain duties of the type performed by the Grievor in relation to the cannery operation. Nevertheless, just as the Clerk 4, Supply class standard fails to recognize the duties associated with the cannery operation, the~ Industrial Officer 1 class standard fails to recognize the Grievor's stockkeeping duties. In the Board's view, these latter duties are not encompassed by the Industrial officer 1 class standard. In the result, the Board finds that this is an appropriate case in which to issue a Berry order directing the Employer to establish a classification for the Grievor which will take into account his stockkeeping responsibilities as well as his duties pertaining to the cannery operation. 16 Before concluding, however, it is necessary to consider the Board's earlier award in Wheeler and The Crown in Right of Ontario (Ministry of Correctional Services) G.S.B. File #166/78. That case involved a.claim for reclassification by the incumbent of the Stores Clerk position at the Burtch Correctional Centre which is presently occupied by the Grievor, Mr. Smith. In that case, Mr. Wheeler was also classified as a Clerk 2, S~pply and he claimed reclassification as a Clerk 4, Supply. That claim was rejected by the Board which found'that the class standard for the Clerk 2, Supply accurately described Mr. Wheeler's job duties. Although the Board also found that Mr. Wheeler performed some duties'beyOnd his classification, the Board determined that he did not fit within the Clerk 4, Supply class s~andard and ac6ordingly, his grievance was dismissed. In the Board's view, the.outcome in Wheeler was 'based upon an examination of the duties performed by the Stores Clerk at the Burtch Correctional Centre at the time Mr. Wheeler filed his grievance. This was approximately ten years prior to the grievance which was filed Mr. Smith. Not only has there been' some change in'the Board's jurisprudence since that time but a memorandum from Mr. Moclair, the SUperintendent of the Burtch Correctional Centre, indicates that there have been significant changes in the duties of the Stores Clerk in recent years. The evidence also indicates that there has'been an increase in the duties relating to the cannery.and,, in fact, no reference is made to these duties in the Board's earlier award. It is on account of these duties, however, that the Griever cannot properly be classified within the Clerk Supply series. In the result, we direct the Employer to establish a classification for the ~rievor which properly reflects his job duties and to compensate him accordingly. ~The Board expects this reclassification to be undertaken expeditiously and shall remain seized for purposes of implementation~of this award. DATED AT TORONTO, this 12thday of· October, 1990. Vice-Chairperson : I. ,Th'om$on, Member D. Wa~kinsha~, Member