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HomeMy WebLinkAbout1989-1201.Beitler et al.91-08-07 ONTARfO EMPLO¥/~S DE, L~ COURONNE CROWN EMPLOYEE$ DE L'ONTARiO GRIEVANCE C,OMMISSlON DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, SUtTE 2100, TORONTO, ONTARIO. MSG 1Z8 TEI..EPHONE/TEL~PI-IONE., (416j 326-1388 180, RUE DUNDAS OUEST, BUREAU 2tO0, TORONTO (ONTARIO). MSG ;Z8 FAC$$MtLE/T~L[~COPtE : (416) 326-1396 1201/89, 1214/89, 1253/89, 1295/89, 1296/89, 1300/89, 1301/89, 1302/89, 1303/89, 1304/89, 1305/89, 1306/89, 1307/89, 1308/89, 1336/89, 1338/89, 138S/89,. ~584/89 IN ~ MATTER OF AN ARBITRATION Under TH~ CROW~ ~,~L01~8 COLLECTIV~ BARGAINING ~CT Before TH~ GRIEVANCE SETTLEMENT BOARD OPSEU (Beitler et al) Grievor - a~d - The Crown in Right of Ontario (Ministry of Skills Development) Employer BEFOR~: S. Stewart Vice-Chairperson E. Seymour Member M. O'Toole Member FOR TH~ R. Anand GRIEFOR Counsel Scott & Aylen Barristers & Solicitors FOR TH~ C. Peterson EMPLOYER Counsel Winkler, Filion & Wakley Barristers & Solicitors HEARING June 18, 26, 1990 July 6, 9, 1990 September 6, 1990 January 28, 1991 D ECI SION The grievances before the Board are classification grievances filed by approximately ninety employees of the Ministry of Skills Development employed in the position of Skills Training Consultant which is classified as Industrial Officer 2. The position was formerly described as Industrial Training Consultant. It will be referred to hereafter as "STC". The position specification, which was presented to the Board as a generally accurate description of the duties of the grievors, is appended hereto as Appendix A. The Industrial Officer 2 class standard is appended hereto as Appendix B. The Union is seeking a declaration that the grievors are improperly classified and a "Berry order", a ~irection that they be properly classified. The argument that was advanced by the Union is a "standards" argument, that is, t-hat the position of the grievors entails duties and responsibilities beyond those contemplated by the Industrial Officer 2 class standard. No "usage" argument was advanced by the Union. There are two aspects to the Union's "standards" argument. The first is that there ha§ been an evolution of the duties over the years to the extent that the August 14, 1979 class standard no longer adequately captures those duties. The second aspect of the argument is that there are core duties .2 performed by the grievors that are not contemplated by the Industrial Officer 2 class standard. The grievors are employed in the Field Services Section of the Apprentice branch ofthe Ministry. In very general~ terms, the duties and responsibilities of the grievors relate to trades training programs, established pursuant to the A~prenticeship and Tradesmen's Qualification Act'. This legislation, and the r~ulations thereunder, provide for the regulation and certification of trades by establishing standards with respect to practical and theoretical training and testing. Section l(b) of the Act refers to a "certified" trade, which is generally described as a regulated trade. There are two typ. es of regulated trades, compulsory and voluntary. Compulsory trades include trades such as electrician, in which there is a mandatory requirement for certification in order to perform this kind of work. An example of a voluntary trade is carpentry% where it is not a requirement that a person certified in order to work in this area. There are twenty- five compulsory and' forty-five voluntary trades. Regulations under the Act specify the requirements for certification in regulated trades, which includes a period of apprenticeship, classroom training and, with respect to some of the trades, the successful completion of an examination. There is also a categor~ of "non regulated" 3 trades, involving trades where there are fewer than one hundred people. There are approximately, seven hundred of these. There are no mandatory requirements for certification or schooling for these trades. In very general terms, the role of the Industrial Skills Consultants is to promote and provide information regarding these programs, and to be directly involved in bringing apprentices and employers into and through programs. The statement of claim filed by the Un~on identifies three areas in which it is alleged that the duties of the grievors have changed in their essential character over the last ten years. These areas are described ~s: (a) increase in decision-making authority, and decentralization of such authority from management to field staff; (b) substantial increases in the multiplicity.and diversity of groups to be assisted; (c) substantial increases in the multiplicity and diversity of new programs to be administered; There are thirteen areas in which it is alleged that the work performed by the grievors falls outside the Industrial Officer 2 class standard. These areas are identified as follows in the Union's statement of claim. (a) monitoring and enforcement activities; (b) training of new industrial training consultants and, 'in some cases, new managers; (c) assumption of overall responsibility for regional 4 offices; (d) assumption of supervisory responsibility for the territory in question, including resolution of contentious situations, such as failure to issue Certificate of Qualification; (e) developing, co-ordinating and maintaining apprenticeship seat space for non-traditonal apprenticeship courses, including registering of apprentices and placing them on a class list which must be maintained and updated; (f) acting as registrar for apprentices who attend normal school intakes called block' release programs; (g) at intake, adjudicating between would-be apprentices where seat space is unavailable and taking responsibility for such decisions in response to inquiries, for example, from members of Provincial parliament; (h) negotiating seat purchases and raising the number of seat spaces; (i) investigating wage complaints between apprentices and employer~ and negotiating settlements; (j) investigating complaints from unions and employers regarding persons operating in a trade without certification (k) investigating complaints from unions and employers regarding' improper ratios of apprentices to journeymen (1) acting as mediators in labour disputes between employers, apprentices and unions; (m) locating and finding jobs for unemployed apprentices The statement of claim also refers to the drafting of a manual, however Mr. Anand advised the Board that the Union was not relying on this matter. As well, Mr. Anand advised the Board that the Union was not relying on the allegation that the grievors are involved in training managers. 5 The grievors work in twenty-seven offices divided into five regions across the province. The twenty-seven officeb include five regional offices. There are five district managers. Counsel were able to agree to two representative grievors, Mr. K. Vardy who is. employed in the London office, which is one of the regional offices, and Mr. J. Labrecque, who is employed in the Timmins office. Mr. Vardy has been employed in his present position or a predecessor thereof since November, 1980. Mr. Labrecque has worked as a STC for nineteen years. He works in, or perhaps more precisely out of, the Timmins office. As well, the Board heard evidence from Mr. A. Cupido, who is the district manager for the northern district in the regional office in S~ult Ste Marie. Mr. Cupido commenced his employment with the Ministry in 1968, in a Position which is the predecessor to the position the grievors now hold. He has been a supervisor since 1972 and has been Mr. Labrecque's supervisor since Mr. Labrecque commenced his employment. Mr. Vardy and Mr. Labrecque both referred in their evidence to the changes in their functions over the years which they described as decentralization of decision making authority, having the effect of requiring them to assume decision making authority which had previously been exercised by others. The first example of this described by Mr. Vardy is a change in the procedure by which an apprentice is "signed up". Formerly, he would prepare an application form with the apprentice, working out credits with respect to previous work experience and education. The application was forwarded, to Toronto where a contract of apprenticeship was produced and signed by the Director of Apprenticeship. Mr. Vardy would then obtain the signature of the employer and the apprentice on the contract. ~t took approximately fourteen weeks for the contract to be returned. Presently, a combination application/contract is prepared and signed by the employer and the apprentice at the workplace. It is then signed by the STC. Mr. Vardy acknowledged that prior to the change, the only instances in which a contract was not forwarded in response to the application that he completed were in instances where there was an error such as an incorrect social insurance number, a typographical error or the Ministry's records showed that the applicant was still active in another trade. As well, the ISCs had access to contracts that were pre-signed by the Director and could just be filled i'n. Mr. Labrecque stated that these contracts were used about 1% of the time, when time was of the essence. Mr. Vardy agreed with Mr. Peterson~s 7 suggestion that the Director's signature on these contracts was a "rubber stamp" of the application that he had completed and that he was responsible for these contracts ' presently in the same way that he was in the ~ast. Me stated, however, that he "felt better" when there was another signature on the contract. Mr. Labrecque's evidence with respect to this matter was that prior to 1979 he completed the application for apprenticeship and made the necessary assessment with respect to credits for education and work experience. This was forwarded to the regional administrator. Mr. Labrecque stated that there were occasions when the applications he prepared were rejected because of an incorrect date or an assessment of credit~ that was too high. In the early 198Os the requirement that the applications be forwarded to the regional administrator was abolished and the application was completed by the STC and forwarded to Toronto. A signed contract was returned with the Director's stamped signature on it. Mr. Labrecque's understanding was that the involvement of head office in Toronto in connection with the contract was a clerical role : for records control. Mr. Cupido's evidence on this point was similar to that of Mr. Labrecque. However, Mr. Cupido did not recollect 8 any instances in which an application prepared 'by an ISC had been rejected. Mr. Cupido stated that the issuance of a contract in Toronto after the application had been 7. received was essentially a clerical function and that there had been no change in terms of the responsibities of the grievors in connection with this matter since 1979. He stated that prior to 1979 the requirement that supporting documentation be attached to the application was abolished. Accordingly, it appears that Mr. Labrecque's reference to a rejection of an application for improper calculation of credits must have been prior to 1979, The grievors also referred to their involvement in situations where a person who has not been involved in an apprenticeship program is able to establish sufficient qualifications to entitle him to write an examination to obtain a certificate of qualification as a tradesperson in a regulated trade. These situations generally arise with persons who have had work expe. rience in another country.. It is necessary for these persons to provide information establishing this experience. The grievors are required to evaluate the courses and work experience to determine if this person is entitled to write the examination. A change took place approximately ten years ago whereby it is no longer the case that the recommendation of the STC is approved by the regional administrator who executed the 9 document. Presently, the ISCs make the decision and execute the document that is necessary to entitle the writing of the examination. Mr. Vardy also referred to the role of the STC in situations where the person has failed the examination. There are three opportunities to write the examination and obtain a passing mark of 60%. Mr. Vardy referred to a situation where his recommendation that a person be able to write a fourth time was accepted by his district manager. If the employee is unable to pass the examination for reasons such as a reading disability or a language barrier, an STC who is a tradesperson in the same area will carry out a practical examination in the workplace. Mr. Vardy described these situations as potentially volatile as a person's livelihood is in issue. In cross-examination, Mr. Vardy agreed with Mr. Peterson that, like the apprenticeship applications, the approval of the regional administrator was a "rubber stamp" and that he continues to make his decisions with respect to entitlement to write examinations for certificates of qualifications ~n the same manner as he always has. Mr. Vardy stated that when he commenced work in this position ten years ago there was a clearer definition of trades and the existing trades and their educational requirements were well established. He stated that with 10 the development of new non regulated trades it is incumbent on the Skills Training Consultants to find educational resources while in the past this was not necessary. Mr.' Vardy stated that if there is not a precedent for training in a new non regulated trade it is necessary for him to develop one. Mr. Vardy has prepared a number of schedules of training for non regulated trades based on precedents that are available to him. He has prepared one schedule of training without a precedent. This was in 1981, shortly after he commenced work with the Minis%ry.. Mr. Labrecque also gave evidence with respect to this matter. He stated that ten years ago a new schedule for a non regulated trade was drafted by a person from Toronto. He stated that for t~e last ten years it has been his responsiblity to prepare these schedules and that.he has prepared between forty and sixty of them. After they are prepared they are forwarded to his supervisor for approval. Mr. Cupido's evidence on this point was that while it is the responsibility of the STC to prepare these schedules, assistance is available from head office if it is required. In relation to the issue of general change in the nature of their duties, both Mr. Vardy and Mr. Labrecque made reference to modular training. Unlike traditional apprenticeship training,' which is time based., modular 11 training is competency based. The various modules developed for a particular industry are generally developed by a tripartite committee of management, labour and government. However, the STC will assist an employer in determining the modules necessary to deal with its training needs. This model of training is common in the forestry and mining industries. When competence is demonstrated in each level the employee is "signed off" with respect to that skill. The STC is responsible for making an effective recommendation with respect to the representative from the employer who will be responsible to "sign off" the completed modules. Mr. Labrecque stated that ten years ago the extent of his responsibility with respect to modular training was that he would act as as resource to the person from Toronto who was *responsible for developing the training program. Mr. Vardy also gave evidence with respect to changes in responsibility for classroom training that have taken place. He stated that formerly decisions with respect to class intakes were made in Toronto. In the past if there were an excess number of students scheduled for the classroom portion of an apprenticeship program the last students confirming their availability were sent a notice from Toronto advising them that the class was full. Now, such as notice is not sent to students and if there is what 12 Mr. Vardy described as an "overcall" it is necessary for him to deal with the problem. That i's accomplished by either arranging for extra seats with the educational institution or, if that is not possible, making a decision as to which apprentice Will not be able to attend the class portion of his apprenticeship program at that time. Mr. Vardy referred to the obvious displeasure of an apprentice and his employer in such circumstances. Mr. Labrecque' s evidence was that when he is involved in a situation where there is excess of students in relation to seats and it~ is necessary for someone to be sent away he discusses the matter with his manager,' who generally agrees with his recommendation. Mr. Cupido described that decision as one that would have to be made by Mr. Labrecque. Mr. Labrecque also gave evidence regarding a change in practice with respect to arrangements with the educational institutions. Prior to 1980 seat space was negotiated with the instituiOns by a regional manager and a person from Toronto. Mr. Labrecque would be present as a resource person. However, in 1980 or 1981 certain persons were designated to do college liason work. Mr. Labrecque is one of those persons. He is required to meet with a. representative of the college to arrange the number of seats and the start dates. Mr. Labrecque makes a recommendation to his manager and Mr. Cupido is responsible 13 for the decision to commit the necessary funds. Mr. Cupido is directly involved in finalizing the arrangements with the college. Mr. Vardy referred to a substantial increase in the number of apprentices he is responsible for. He testifed that over the last ten years the number of apprentices he is responsible for has increased from approximately 350 to 652. He stated tha~ this has meant a dramatic increase in telephone contacts, interviews and the number of decisions that have to be made. Mr. Vardy stated that there are a myriad of problems that arise, including personal problems of the apprentice, disputes that may develop between the apprentice and the employer, problems with respect to the numbers of certified~radespersons in relation to apprentices, and problems of the apprentices in obtaining suitable employment. He stated that while there is a district manager and two assistant district managers, ~he decisions that he is required to make have to be made on the spot and consultation is only practically possible with ,respect to major policy issues. Mr. V~rdy also referred to the fact that he is called upon to determine whether an apprentice will be. involved in a regulated or non regulated trade in certain instances. He stated that this decision requires him to balance the interests of the employer and the trainee as well as the skills training system. 14 Mr. Vardy also gave evidence with respect to the nature of the interest groups with which he has contact in his ~ position. He testified that formerly he was. involved with union groups and trade related groups. However, since 1985 he has increasingly become involved with different kinds of groups concerned with particular interests such as persons who are not fluent in English and the entry of women and members of minority groups, into skilled trades. Mr. Va~dy is involved in speaking to these groups and providing information as to how their members may become involved in trades. As well, Mr. Vardy gave evidence regarding the kinds' of programs that are'now in effect and about which he must be knowledgeable. These are primarily grant progr, ams of various kinds, such as grants for older persons entering trades and grants for employers hiring young persons. A relatively new program is skills updating, whereby funds are provided so that a tradesperson can obtain retraining. It is the role of the STC to determine eligibility with respect to such training. Mrl Vardy stated that most of these programs have come into existence in the last ten years, however in cross- examination he acknowledged that since the commencement of 15 his employment there have always been grant sources available to employers and employees for apprenticeship programs. He explained, however, that the number of programs has increased. Mr. Vardy also agreed that the provision of information with respect to this kind of program is a counselling function, the kind of function which is the essence of his job. Both Mr. Vardy and Mr. Labrecque made reference to their roles in invigilating examinations. It is apparent from their evidence that this is not a frequent occurenceo They are not required to grade the examinations. Mr. Labrecque carries out his duties in an extensive geographical area, w~ich involves a round trip of approximately 1400 kilometers. There was some discrepancy in the evidence of Mr. Labrecque and Mr. Cupido with respect to how often there is contact between them. It was Mr. Labrecque's evidence that they have contact every two or three months while it was Mr. Cupido's evidence that his contacts with Mr. Labrecque vary from two or three times a week to once every two weeks. There is however, no dispute that Mr. Labrecque works with substantial independence in carrying out his duties. We think it probable that Mr. Labrecque was referring to discussions with respect to substantive problems when he referred to contact every two or three months. Mr. Labrecque forwards weekly work sheets to his supervisor detailing the nature of the work that he has been performing. Mr. Labrecque is one of three Skills Training. Consul%ants employed in the Timmins office. The other two have been employed there for ten years. Mr. Labrecque testified that he was involved in training these persons when they commenced work. He stated that the training consisted of these employees working side by side with him for three months. As well, he spent some time simply providing them with information. He stated that their' only additional training fnvolved them being s~nt to Toronto for a couple of days. Mr. Labrecque stated that there are times When Mr. Cupido suggests to these employees that they discuss a particular problem with him. In addition to the training Mr. Labrec que provided to the employees in the Timmins office, he provided training to two other employees in 1975. As well, he assisted with training of an employee in Sudbury, spending one day a week about every two weeks for approximately six monthS. The Union adduced evidence with respect to the history of enforcement functions by the STCs, as well as ~7 preceeding job specification and class standards. Mr. Peterson objected to this evidence and the Board ruled that it would hear the evidence, reserving its decision as to the relevance and weight to be attached to such evidence. Both Mr. Labrecque and Mr. Vardy stated that they perform the enforcement duties outlined in the second paragraph of the class standard except that they do not audit books or payrolls or serve summonses. Mr. Labrecque testified that prior to 1974, employees in the position that is the predecessor to his current position were involved in the enforcement types of duties referred to in the second paragraph of the Industrial Training Officer 2 class standard. In particular, they possessed warrants that authorized them~o audit boo~s and payrolls and were involved with prosecutions. However, in approximately 1974, other employees were assigned enforcement functions and Mr. Labrecque and other employees in his position were advised at a meeting that enforcement matters would be dealt with by these other employees. They were no longer required to possess warrants. Mr. Labrecque stated that in the early 198Os there was an attempt by management to have the STCs work more closely with employees in the enforcement positions. Mr. Labrecque stated that the instructions that he and other employees 18 received from Mr. Cupido were that when they were attending at business premises, to regulate apprentices, some aspects of enforcement were also to be carried out. For example, they were to ensure that proper ratios of tradesmen to apprentices were being observed.' According to the evidence of both Mr. Vardy and Mr. Labrecque, the role of the ISC in this regard is to advise the employer that he was in violation of the ra~io requirements and to provide counselling with respect to the requirements of the regulations. Mr. Labrecque stated' that he also became involved in investigating matters along with enforcement officers.- For example, if an apprentice claimed that he was not properly paid, .he would obtain the details of that person's claim and forward it to the enforcement officer in North Bay. Mr. Labr~cque stated that he has assisted in prosecutions on one or two occasions by gathering information for one of the enforcement officers. 'He stated that his involvement in the preparation of cases consists of providing information contained in his file. Mr. Labrecque was aware of one instance in which a STC was required to give evidence in court. The warrants that they previously possessed have not been returned to them. Also in support of their position that there had been a material evolution in the nature'of the duties that they perform the Union referred to various job advertisements 19 for the position between 1980 and 199o. Prior to directly addressing the particular issues in this case we wish to refer in a summary manner to the appropriate approach to be taken in classification cases in which it is alleged that the position grieved is improperly classified. As has been noted in many decisions of this Board, class standards are, by their nature, very general descriptions. They are not intended to be detailed job descriptions. In order to establish that a position is wrongly ¢lass'ified the Union is obliged to establish that the essence or the core duties of the job do not fit within the class standard to which it has been assigned. We turn first tq the issue of whether there has been an evolution of the duties and the responsibilities of the positions to the extent that it must be concluded that the job no longer "fits" the Industrial Officer 2 class standard. In this r~ard we have considered the matters set out in the Union's statement of claim, reproduced above, as amplified at the hearing. After a careful review of the evidence and the submissions of counsel it is our conclusion that we must reject the Union's submission that there'has been an evolution of the duties to the extent that we should conclude'that the grievors are improperly classified. While there'have been changes in the manner in which the apprenticeship contracts and the approval for examinations for the obtaining of certificates of qualification are dealt with administratively, it is apparent from the evidence that as a practical matter the ISCs have had the real responsibility with respect to' these matters since the time the class standard under which they are currently classified came into existence. The evidence did not establish that these decisions are inherently complex or are made in the absence of established criteria. While the previous role of the STCs was somewhat more limited with respect to educational institutions and dealing with problems.resulting from excess enrollment, the class ~tandard specifically contemplates liason with training institutions and the resolving 'of problems in those situations. The evidence with regard to the evolution of duties is simply not of such a nature that we can conclude that there has been a significant change in the nature of the duties performed by the grievors such that we should conclude that they are not properly classified. We are compelled to reach the same conclusion with respect to groups to be assisted and programs to be administered. 'While there have been changes in both of these areas, these changes have not substantively altered the role of th~ grievors. They still provide counselling, 21 liason and dissemination of information with respect to these groups and programs. While the determination of eligibility for skills updating is somewhat of a different role with respect to programs, it is a duty which involves the assessment of qualifications, something the grievors have always done. We take a similar view with respect to the involvement of the grievors in preparing schedules of training. The class standard specifically refers to the "drafting of schedules of training". The mere fact tha~ employees perform new or different duties does not mean that they are improperly classified, as long as such duties reasonably fall within the class standard. It is our view that the evidence before us simply cannot support Mr. Anand's submission that the position of the grievors has changed from a position that was primarily involved in the dissemination of information to a position whose dominant characteristic is decision making in the adjudicative sense. A review of the position specification which indicates the percentages of time allocated to various functions simply does not support this conclusion. The postion of the grievors has always entailed some responsible decision making and the nature and degree of the changes in this regard are simply not of sufficient substance that we can conclude that there has been a real change in this regard. We turn now to the Union's submission that there are matters which fall outside the Industrial Officer 2 class standard. We will initially address the matters other than the duties characterized as enforcement duties. One of the overall thrusts of Mr. Anand's submission was that the'class standard simply does not contemplate the significant decisions that are made by the'grievors. He emphasized that the kinds of decisions that the grievors are routinely involved in are decisions which affect the livelihood of people and which often result in inquiries from members of parlSament. Mr,.Anand also referred to the provisions of the provisions of the Apprenticeship and Tradesmen's Qualifications Act and the regulations thereunder with respect to their reference to decisions to - be made by the Director. In particular, he referred to s. 14 of the Act which requires that every contract of apprentice shall be approved by the Director. Mr. Anand argued that the Board should ndt conclude that the class standard contemplates decisions made by the grievors which the governing legislation contemplates will be made by the Director. 23 While there can be no doubt that the decisions made by the grievors are significant, we are not convinced that the kind of decisions that they are involved in go beyond that contemplated by the class standard. The class standard refers to "employees who are responsible for performing promotional, consulting and counselling functions in relation to the development, implementation and delivery [emphasis added] of industrial training programs". In our view, the reference to implementation and delivery is an emphatic indication that the positions entail direct, "hands on" involv6ment in effecting the programs. It is precisely in the context of the implementation and delivery of industrial training programs that the grievors make the decisions referred to. The reference in the skills and knowledge portion of,the c. lass standard to "proven analytical and problem solving skills" reinforces the notion that it is contemplated that the class standard covers positions in which problematic matters will have to be resolved. The skills and knowledge portion of the class standard also refer to "thorough knowledge of the technical skills required in an industrial setting" and "thorough knowledge of the Apprenticeship and .Tradesmen's Qualification Act". It is precisely these skills and knowledge that the grievors employ when they are involved in matters which entail ratios of journeymen to apprentices, the assessement of qualifications in carrying 24 out assessments with respect to the applications for apprenticeship, determining 'eligibility to write examinations and giving practical examinations. Moreover, the Industrial Training Officer 1 class standard, the level in the series below Which the grievors are classified, contemplates some responsible decision making at that'level.. Persons in those'positioqs are expected to "evaluate qualifications" and to "place registered apprentices in employment available". They are also required to "check that all the terms' of the contract are being carried out" and to "monitor apprentices' progress,, investigate complaints, counsel when necessary and resolve minor differences between employer and apprentice". The deqision making responsibilities of the grievors in relation to the Industrial Officer 2 class standard, viewed in light of the nature of decision making responsibilities of persons classified at a lower level in the same class series, supports the conclusion that the types of decisions made by the ISCs.refe~red to above, as- well as their involvement in mediating and resolving the other matters referred to in the Union's statement of claim, are contemplated by the Industrial Officer 2 class standard. The reference in the legislation to decisions to be 25 made by the Director referred to by Mr.. Anand does not compel us to conclude that the types of decisions in which the grievors are involved are not contemplated by the class standard. While s. 14 of the Act refers to the approval of the contract of apprenticeship by the Director, and s. 19 of Regulation 36 refers to the involvement of the Director in decisions with respect to writing examinations, the powers that are also described as duties of the Director in section 6 of the Act encompass the entire spectrum of the duties of the grievors that clearly fall within the class standard. The references in the Act and regulations to the involvement of the Director in the matters referred to does not lead us to conclude that the involvement of the STCs in these matters falls outside the contemplation of the class standard where, for ~he reasons outlined above, it is our view that the language of the class standard contemplates the involvement of the STCs in these kinds of decisions. It is also our view that the work performed by the grievors in connection with negotiating space for apprentices for the academic portion of their training and resolving any issues that arise in this context, for example in an overcall situation, are matters which are contemplated by the class standard. The class standard refers to liasing with training institutions and resolving problems. Given the general tenor of the class standard, 26 and in particular, the reference to the 'implementation and delivery of industrial training programs in the first sentence of the class, standard, we cannot conclude that · these duties fall outside the class standard. While there is no reference in the class standard to training functions, it is our.view that this has not been established as a core duty of the grievors. While Mr. Labrecque has been 'involved in the training of five persons over his nineteen years of service, it is clear that the primary thrust of the training he providesl is the opportunity to observe him performing his work. While there is some direct teaching in the traditional sense provided by him, this must be characterized as. a very minor .part of his duties. ,The kind of day to day advice that Mr. Labrecque provides to the other employees in the office, albiet at the request of his supervisor, is clearly the kind of assistance that is all experienced employees are inevitably called upon to provide to their less experienced colleagues. While this is an area in which' Mr. Labrecque apparently excells we do not think that training can be characterized as a core function of his position which ought to lead us to conclude that he is improperly classified. As 'well, we cannot accept that the advice that he 27 provides to his colleagues and the assumption of responsibility for a particular territory constitutes assumption of overall responsibility in such a manner that we should conclude that he is improperly classified° While it is apparent that Mr. Labrecque carries out his duties with a substantial degree of independence the evidence established that guidance is available to him and is sometimes sought from his regional administrator° The class standard specifically refers to responsibilities "within a designated district". With respect to the enforcement duties performed by the STCs, it was Mr. Anand's submission that although the enforcement duties carried out by the grievors clearly fall within the second paragraph of the Industrial Officer 2 class standard, the two paragraphs of the class standard contemplate two distinct types of duties, and that the Board should find that the grievors are improperly classified if they perform duties that fall outside the ambit of the first paragraph and within the second paragraph of the class standard. This argument was considered in the context of somewhat similar language in Ministry of Transportation & Communications & OPSEU (Williamson 133/81 (Samuels). In that case the class standard for Technician 3, Survey 28 referred to certain kinds of duties and then referred to other duties prefaced by the words "OR" [emphasis in the original]. At p. 4 of this decision the Board states: The Union .argues that the use of "OR" is disjunctive in this standard, and that an employee's "double competence" calls for a reclassification. We do not agree. The grievors do the first two types of job described in the first paragraph... All that was needed was a short period of familiarization for the grievors to take on the "engineering" side of the job. Therefore, the "double competence" does not have. a significant bearing the responsibility involved in the job. The standard must be taken to mean that, if an employee does at least one of those types of job, then the employee should be classified as a Technician 3, Survey. But this does not mean that doing two of the. jobs calls for a different classification. The grievors' job, whether they are doing "legal surveys" on a day or "engineering surveys", is properly classified as Technician 3, Survey. The same matter was considered by the Board in Ministry of TranspOrtatioh & Communications & OPSEU (Hobman) (Roberts) 471/81 where other persons in the same' positions raised the same issue that had been decided by the BOard in the Williamson case. The Board rejected 'the Union's submission that they were wrongly classified and stated that it was not e~tablished that the previous decision was manifestly wrong. It was Mr. Anand's submission that the facts of this case are distinguishable from the Williams case. In support of that position he relies on Ministry of · Transportation & OPSEU (Blackwood) 1507/88 (Epstein).. In 29 that decision the Board found that the use of the word "or" in the class standard refDrring to different duties was used in the disjunctive sense. The reasons of the Board are set out at p. 4 of the decision. The Board found that the kinds of duties described were necessarily mutually exclusive. The Board states~ It seems to us that the two standards 'cannot stand . together since the first talks about activities in which the employee.is required, in conjunction 'with a small group, to deal with problems that are above average in scope and complexity whereas the second has employees dealing on their own, with problems of limited complexity. Mr. Anand argued that the duties are set out in the two paragraphs of the Industrial Officer 2 class standard are similarly intended to refer to separate duties. It was his submission that ~n light of the removal of enforcement duties from the STCs and the change in classification in 1979 from a previous class standard that referred to enforcement duties without a disjunctive phrase, the reference to "other positions" of the second.paragraph of the class standard is a clear indication that this paragraph was i~tended to refer to separate and distinct duties. Even accepting that it is appropriate for us to hear and consider this extrinsic evidence and we were to conclude that there is an intentional separation of the duties in the class standard to deal with two different types of positions, it is our view that this evidence does not advance the Union's case. If the Union is to be successful in its argument that the grievors are improperly classified on this basis it must establish that the grievors perform core duties that fall outside the first paragraph and within the second paragraph. In our view, the evidence cannot support such a finding. The grievors are not required to carry out all enforcement functions. 'In particular, they are not required to carryout functions involving the use of warrants. The involvement of the grievors'in matters such as attending court and direct liason with the enforcement personnel are two of seven duties referred to in the position specification which, in total, involve 5% of,their time. The manner in which Mr. Labrecque described the enforcement duties makes it clear that the role of the grievors with respect to enforcement is one of support to provide a cohesion of services with those of the enforcement officers. The requirement that the grievors check to ensure that the appropriate ratios are being maintained when they are at the premises of the employer in connection with apprenticeship and training matters and that they pass on information and provide assistance to the enforcement officers is consistent with their consultation role in relation to the delivery and implementation of industrial training programs. The 31 grievors are obliged to be knowledgeable with respect to ratios and other matters under the Apprenticeship an~ Tradesmen's Qualification Act and, accordingly, there is no issue of additional knowledge required to carry out these duties. We are satisfied that the limited enforcement kinds of duties that the grievors perform'on a regular basis are reasonably encompassed by the first paragraph of the Industrial Training Officer 2 class standard. To the extent that the grievors are involved in direct enforcement duties, these cannot be characterized as a core duty of their position. For all of the foregoing reasons, it is ou~ conclusion that the evidence does not establish that the grievors are improperly classified. Accordingly, the grievances are dismissed. Dated at Toronto, this 7t-h da~f August,-1991 S.L. Stewart - Vice-Chairperson E. Seymour - Member M. O'Toole - Member .. Position* Speclflcatlun & ss Alloca APP~END.TX A. (Refer to t)~ck of fo~ ~or compiedon inst~ions) only Oivhion To .p=omo~e ~tea~e~ ~mp~o~eg participation. ~sslsC ~div~ua~s tK~ouga ocCUpational =7 do,Ag so s~dLflg the ava~zabL1it employe~ c[ien~ lroups through Apprenticeship ~n a (medlm-sL~ed) .~lnlst~ responsible for tncreasLng the provincets contribute ~o On~a:~o 8. economic g~o~th th~oug~ a network o~ other sk~l[s sC~eholdecs. The ~c~nen~: ' ' - 1. Fosters ~ increased a~a~eness of the,Appgenticeship ~ranch p~ogr~s as a skills tratn~s concept , addressing employers, ~ade a~d business. Stoups or o~8~iza[[oas, such Ch~be~ cf Code=ce, C.[.T.C.s. L.A.C,'s to p~omoce fomal ~ga[nin~ as a me~s of skills develo~en~ t~cough emplo~enC, and specifically the , availab[I[~ ~d advocates of the Apprenticeship Progr~; .... m~ng .p~esen~aCions us(aS a~ailable resources auc~ as pr~ot[ona[ ~tsplays, diverse ~n~eres[s such as educa[[ona~ i~ticu~ions, boards ~d school groups, native, e~Ac, ~om~u amd . yo~ grou~, service .clubs, home ~d school assoc~aC/on~, _secoaaar~. SC~OOA .~ ?~$~ge career ua7 preStOS, exercises, c=aae occup~ona~ or ~nGUS~ClS~ exp?s~kions, C~unlty ne~o=KLn~ ~i~h oChe~ ski(is t~a~ning s~ake~o~ders, ~uch as Futures. Offices, ~y calZe~e~. ~ZC, to c~ati~ pco~c~ g~L~elL~es 8s woll acting ~s ~ ~egou~ce ~ ~n~o~u~on o~o~er CO busines~, Jndu~cc~, labour, edu~a~i~nal ~s~CuC~o~ b~. ~aSnta~n~n3 contact ~h ~he~e ldea~ed ~xo~at&an on other skills t=azntng pcagr~$. . 2. Provides. ~e~ advice to ~ploye~s, on a one-to-one basis 'as well a~ associations, off~ee requ~r~n~ ufl~que. ~d [~ovat[ve solutions to acc~p[~s~eflt of Identified ob3ect[ves . gathering c~un~t~ ~d c~p~Tespec~f/c da~a; (cost'd) Regulations_ as well as a familiarity w/th ocher ralevaflC lestslation such as [mploy~ent xta~dsrds Act, ~tc.; thorou~ undecst~dl~8 o~ ~hp Ap~en~iceship B~anch ~rades-~raIntn$ bo~2 p~ovinctally and federally~ ~conc d) [. S;gna~r~ ]mm~tste Su~ Oa~ Mlni~ Offl~a[ ' ~ Eff~five Cate I Dectslon-makin~ involves t~t~ employer's tratntn~ needs, lncludln~ the analysis 1. of occupational res~onsibili~tes, identification of vocational deficiencies and the d~velopm~n~ o~ det. a~led ~ca[nins plans to meet employer requirements. Repor~in~ to t~a Aastztan~ H~et and/or Dis~ric~ Hanaser, posiCtan rocks under teneral direct[on ~d Is re~ponsible for cou~s~lli~t p~spec~ivo and active apprentice trainees, p~ovidi~ advice and ~uldance and as~essia~ credentials. ~on!~ors ,th! .~{~ere~ce .to proi=~ 8~Lidql/nes ~ithln the Apprenticeship and [EG~esm~n s q~allJlc~tlon identifyi~.c~u~ity trsini~ ~?~?~; im-lica~io~ of factors a~f~c~ln~ · snalyztn~ ~e n'um~, resource ~eve,o~ . the buszness community such as znterest ra~es, $over~ent policy, new technoIcs£es; · assisting em~loxers to snalyze the traintn$ implicatton~ ~f corporate decisions, i.e[, introductioa of new equipment, intro~uculon o~ new produc~-line~ ......... ~ann£n~ b~ revie~i~ current advisin~ P Y ....... . ~h~ sk' led labour Eorce i~ the ~mployer s ~o~kplac~; assessin em loyer s tralnin~ needs, including: analyzing ~eco~eng~ -~ ....... - ...... ~-ess the identified emploTl~ ~ n~e~s i.~. ~o cec~ificatlon, ~ ~ ce pa~icipa~ing__!~ .a ~embe~..~n -il';il~liil Tcaiain- ~o~it~ees ICITC's), in otde~ ~o ~o la 8 ......... ~ .~ rtassu~inc~ that direction is provide bot~ prooe~ GiIec~lon ~ w~ --- . ..... C0~C2 on issues-re: Agprentice~hiP; reco~ena[nS al=erna~ive prog~s aha A rentlceship tden~[iied as inaop~opeia~. incentives, ~hen P~ ..... c,~--*- -~ exis[ln- reeula~ions ~o dete~fne cap~btlf~y ~oP~ee~ or exceed provincial ~ratntnS s~anda~ds, 3. Ac~s as a counssllo~ by obiectivelY p=ovidinS Info.etlon and guidance varlet7 of ~dividuals blt relevan~ .Gna ac~a~a~l~ goal_~j~zv,,..~-.cac~ca-i~ e~erlence; advis~nS ~uallflcaclons, as!~sin~ a~a~_~-,,~.r :m.~;caCio~i' I e. financ~ai rmilicaCions, such as u.I. oefle~ltS, slgn-up, ~av~n$ ~- , . laencltyl~ c~olu~efi ...... ~:.. -Iterna~ives or re~errln~ appiican~ l~in~, up~radin~ eauca~lon o~ o~oupa~on abilities ~.~ect!_. l-.~ .... to' active apprentices' expe=ie~ci~ . covidtn iavlce ~u_ '~ ..... thtnktn~ abou~ quittin~ need tot ~fo~ation ~d pcovidtn~ in~omaCion accuracely~ sutzzc~enc~7 aha in ~ ~nde~sC~dab~e.m~er; _._~ ._ Cac~ii[caCa oi Qualilice~Lo~ ~pplicants, assassin c~e~entL~LS, pgasan~ vi ...... t.~de of Ontarid; validatin~ ' o~tefl ~iSr~C .... ~.. .... nd co--art.- a~ains~ available p;gqe~eflcs~ doc~efltaclon oy ~nvea~!,,~ ~_ ~e~e~/e~ce' advtsin~ c~dl~aces cz , deci~ions, ~o~encs ~r oa~e~ v~-.~' ~[/ble e~inactons as ~ell as - ay n c~didate~ --. r ..... . sc~ooks, cordley ~u~ ~=.... or vocations' available cmtou~n..~gu advise ~e~raln~ .posm~ ~"~em ~o disseminate lnfo~a~io~ ' Oevolopmeflc O~i _ ~ .... ---:-=stlon'e~c Co pcoviae,ini ... Futures, u~a.~mpio~n~ a~u= ~ of 'ces-~usib/liCies an~ pcov~ln~ order ~? tastily I~Ae~_.,~. o~.~...ticall~ ad~isin~ delivery asents ot ~Ae lR~ri~e~ -.~. ' 9 . ~ .- ' r~ links es 4. Honitors the.. erie u'reme~ts withi~ ~e ATQ~ by: $uideltnes, HlnisC~ at.deeds ~d lesislaced fei ~ 2~ assessln academic and pcac~ical e~etience; ze~ig~ering appren~i!as bY ..... ,-~- --a -u--~[m~ al~a~na~iva sources t=ainin~ ........ ---J ~ a T -.. ~Lternat~ve such as night ¢ounsell~=~ c~d~aaces wmo ~ave zaz~ -.~ schoo~ u rad~n~;. ,- ........ t~. achievemen~ tests") in codec to assess qualiti ' ; ........ ~ -- ~nsucin- employa: kas ~nsu=in~__p__}._ a--to-ciat~ train~q~ equtpmen~ an~,__} ,- ~he'resolu~io~ concenCl?us ~s~ae~ ~.; -~?;:-~-~tfl-~ln mind the ns~ot[~t K in i~ovflCive solutions, lan ~ individuals; realstratiofl, renewn[ fee, ex~iflation en~urin~ p~oper a~i~is~a~?~ oi fln~ncial transac~icns such as ap~Iic~ble ' lees collected and ~oc~en~e~ fees; monitoring prozress of apprentice through reaular- follow-up visits or monitoring o~ doc~e (~'d) APPENDIX B ~-- ~ ~ 05355 ~NDUST~A~ ~NZNG OFFICER porfornttng p=ouo~Lond~t, c~sul~q ~d ~sell~g f~c~Eogs related ~o ~zOgr~. g~ a des~nated d~r~C~ ~ey v~zt employers ~ pro. re ~6 expl~ various ~n~nq pt~r~ ~d ~n~ci~ ~s~st~ av~e. rant ~d oaq~nq ope~a~s o~ va~ tr~ng adviso~ hero,ks. ~e~ ~u~8 ~d o~he~ a%~led p~lLc agencies ~nvo~ed tn indus~zi~ ~so ~u~d ~ ~s class a~ pos~ons o~ e~loyees who enforce ~e p~ovLsEons of ~e ~p~n~cesh~p ~d Tra~sMn's 0ua~Ef~ca~on Act assoc~a~d ~tLons ~Ln a de~gna~d ~eg~on o~ ~e pr~n~'. a=~qe ~e se~ng o~ s~s, asses2 En ~e p~eparat~on of ~e case ~e pEosecu~ng at~y ~d p~vi~ evE~n~ ~ ~ ~ a c~n wi~ess. ~ese empl~euo also E~n~ sLtua~o~ wh%~ in~Ca~ ~ss~ble v~o~ation pr~ ~~ca ~d Ln~e~ ~e p~v~s~ns ~d ~tent of ~a ~ ~d ~oro~h ~ledge o~ ~e ~n~caZ sk~lls req~ed tn ~ tnduStrLal t~ing needs ~d ~lop ~q~d proqr~ ~ho~ough ~owledge of ~e , av~l~le tnd~tr~ t~nq p=~z~ ~d ~ades ~=~n~nq ~thodo!og~es~ ex~Zen~ ~nte~e~Scfl~ ~ns~nq ~d c~ca~on sk~ls~ pto~n ~c~ ~d p~en sc~v~g sk%lls. AUgust ~4,~979