HomeMy WebLinkAbout1990-0751.Myers & Perrin.91-05-31
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- ONTARIO EMPLOYÉS DE LA COURONNE
ç'¡ CROWN EMPLOYEES DE L 'ONTARIO
1111 GRIEVANCE COMMISSION DE
,
SETTLEMENT REGLEMENT
BOARD DES GRIEfS
180 DUNDAS STREET WEST, SUITE 2100, TORONTO. ONTAR(O, M5G IZ8 TELEPHONEITÉLEPHONE: (416) 326-1388
180, RuE DUNDAS OUEST, BUREAU 2100. r.0RONTO (ONTARIO), M5G IZ8 FACSIMilE ITÉlÉCOPIE' (416) 326-1396
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751/90
IN THE HATTER OF AN ARBITRATION
Onder
.
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Betore
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Myers/Perrin)
Grievor
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The Crown in Right of Ontario
(Ministry of Community & social Services)
Employer
BEFORE: B. Keller Vice-Chairperson
P. Klym Member
F. Collict Member
FOR THE C. Dassios
GRIEVOR Counsel
Gowling, Strathy & Henderson
Barrsiters & Salictors
,
FOR THE D. Samaras
EMPLOYER Legal Services Branch !
Ministry of Community & Social Services I
HEARING March 6, 1991
April 9, 1991
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DECISION
The two grievors who are currently classified as Clerk 2, Supply
in the clerk supply services seek reclassification of their
position. r::pecificallY, Mr. Di~k Perrin seeks reclassification
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at the Clerk 3 level or, alternatively, requests a, IrBerryll order
issued. The second grievor, Mr. Ken Myers adds, as a further
alternative, that he should be classified the same as another
,employer, Mr. Robert Caesar in another institution who, at the
time of the grievance was classified as Clerk 3, Supply.
The two grievors are employed by the Ministry of social Services
at the south-Western Regional Centre in Blenheim. They are two
of five employees including the supervisor, working in the
dietary and stores area at the regional centre. Two residents
also help out in this area. The area in which the employees work
is located on two floors. The upper floor consists of the
loading dock, fridges, receiving and storage main stores, storage
and order processing main stores and a reproduction and
stationary room. Both grievors have their desks on this level.
The door from the re~eiving and main stores area is not closed
during the day but an infra-red sensor sE~ts off an alarm when
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anyone crosses the threshold. The other door leading to the area
is in the reproduction and stationary area. It is kept closed
and locked. The five employees have keys to this area as well as
the locked areas on the lower level.
The lower level consists of, for our purpose, four food storage
areas, a miscellaneous storç¡ge stores (cleaning products and
laundry supplies) and clothing stores.
Shortly after the two grievors filed their grievances, the
employer initiated an audit of the position. The audit reads as
follows:
POSITION AUDIT
Incumbent/Grievor
Name: Dick Perrin
position Number: 17-6642-08
Position Title: General storekeeping & Receiver
Location: Southwestern Regional centre
Blenheim, Ontario
Current Classification: Clerk 2, Supply
Supervisor' of Grievor:
Name: John Tenhaff
Position Number: 17-6642-01
position Title: Chief storekeeper
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Location: Southwestern Regional Centre
Blenheim, Ontario
Current Classification: Purchase & Supply AM-13
NUmber of positions
Supervised: 4
Title of Positions
Supervised: Senior storekeeper, General
Storekeeper and Receiver,
Inventory Control
Clerk/Storekeeper, Photocopy
and Mail Clerk
REASON FOR AUD~T: COMMENTS
This audit results from a classification
grievance submitted by incumbent, dat:ed I
May 9, 1990. I
WORK ENVIRONMENT AND RESpONSIBILITY OF AREA:
The grievor, Dick Perrin is öne of (2 )
classified incumbents in the posi~ion of
General Storekeeper & Receiver, position'
number 17-6642-08. The other incumbent
is Ken Myers, who has also grieved
classification. Incumbents report
directly to Chief Storekeeper and may
receive direction from any of (3 )
Senior storekeepers (Clerk 3, Supply) .
It is the responsibility of the area to
provide material management services for
receiving, checking, recording, controlling,
storing or distributing of all supplies,
such as provisions, cleaning and housl~hold
supplies, furniture, clothing and
maintenance supplies, and for providing
a mail, photocopy and duplication senrice
which includes receiving and dispatching of
external mail" distribution of
internal/external mail received, photocopying
of documents and form printing.
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Pt1~POSE OF THIS POSITION:
This position is required to perform a
variety of manual and clerical storekeeping
tasks related to receiving and distributing
of goods within Southwestern Regional Centre, \
and provide clerical assistance in mail/ \
photocopying or duplication s~rvice areas.
DUTIES AND RESPO:.SIBILITIES:
The incumbent performs a variety of
. manual and physical supply room .
duties:
1. unloading delivery vehicles,
2. picking up parcels at main entrance
reception desk,
3. checking goods for proper destination,
,good condition ,and correct number of
cartons according to delivery slip,
4. obtaining drivers signature to
verify all damages and short/over
shipments,
5. checking all receipts against
authorized procurement documents,
6. recording all details on receiving
reports,
7. reporting all discrepancies,
shortages, overshipments or
damaged goods,
8. forwarding all receiving reports
to Chief Storekeeper,
9. delivering all non-stock items to
requisitioner and obtaining
signature óf receipt,
10. placing all stock items into
app~opríate storage area ensuring
date-stamping, F . I . F . 0 .' ; stock
rotation, goods clearly
identifiable; placed to
. facilitate proper unit of issue;
stores safely,
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11. picking stock from storage according
to authorized stock requisitions,
ensuring budget centre, unit of
issue, stock numbers, requisition
numbers are correct,
12. delivering stock item~ to requisitioner
and obtaining signature of receipt,
13. forwarding comp~eteà st!:lck recr.lÜ;i tions
to Chief Storekeeping¡
14. initiating Ministry Requisition to
replenish stock levels at timely I
intervals,
15. preparing/packing goods for shipment . I
ensuring destination is clearly I
marked 1 proper carrier is used
and documents are complete, I
16. assisting in the selection of residents' I
clothing,
17. issuing trades tools and equipment on
a loan basis, and ensuring their return,
18. maintaining storage facilities in a
clean, safe, orderly condition,
19. receives all materials, including
hazardous goods as identi f ied undE:r
W.H.M.I.S.
Performs clerically related supply room duties:
20. taking physical inventory count when
required,
21. verifying daily inventory transaction
reports to records,
22. maintaining all required records in
complete and organized files,
23. completing Commodity Usage Estimabe
Forms,
24. completing reports as required,
25. ensuring that operating supplies are
adequate,
26. movable assets inventory tagging all
items.
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Performs other related duties:
27. maintaining adequate security by
locking storage areas and restricting
access to authorized personnel,
28. ensuring that equipment is in good
working order: report all defects
to the Chief storekeeper immediately,
29. ~ssists in photocopy and mail room,
30'. back-up duties for Clerk 3, SUpiJly.
Mr. Perrin's testimony and that of his supervisor, Mr. John
Tenhaff, did not contradict what the audit showed Mr. Perrin's
duties and responsibilities to be. For the mast part, he works
in the various storage areas. Occasionally he works an the
receiving dock. When distilled to their basics, Mr. Perrin ~s
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responsible for order processing and storage. He does order
picking, stock counts, checking goods agaì~st inventory print-
outs and putting goods,received into' the appropriate storage
area. He may, at times, be assisted in these tasks just as he
may, at times assist Mr. Myers at his tasks. On leaving a
storage area, Mr. perrin is responsible for locking that area.
As with Mr. Perrin, the essentials of Mr. Myer's job is contained
in the audit report. His principle work area is the receiving
dock and the receiv~ng and storage main stores. In these areas
he performs all the tasks normally associated with receiving and
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shipping. Occasionally he may assist Mr. Perrin in his duties.
Mr. Myers estimated that 75-80% of his year was spent shipping
and receiving.
In addition to the above, he replaces Mr. Ken Haw~..es, a Clerk 3,
Supply in the Maintenance Store Room in another building across
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the parking lot. He is the only employee at that si tee.o hE'rE'
his principle duties consist of requisitioning ,~upplies, checking
incoming stock, and ship stock. He is fully responsible for
security. Mr. Myers replaces Mr. Hawkes for his five weeks of
sick and discretionary days, ,
vacation, as well as any other ùays
Mr. Hawkes is absent. He estimated the total time to be abou~
two months per year and he has been doing i.t since 1984.
Mr. Tenaff essentially confirmed that Mr. Myer's responsibilities
and duties were shipping and receiving. His estimate of the time
Mr. Myers replaced Mr. Hawkes was slightly less than that of Mr.
Myer's but agreed with the characterization of his duties.
As indicated earlier, a usage argument is a.lso made on behalf of
Mr. Myers who compares his duties with those of Mr. Caesar. His
position specification, which e~sentially reflects his duties and
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responsibilities as the following:
Position title: Receiver-stockkeeper
Position Code: 17-6565-10
Sch. Hrs. Work (R.P.T. posn. only) : 40.00
Class sch.: 4
Positions title Supersedes: Same
Ministry: Ministry of Community & Social Services
Division: oper~tions Services
Branch and Section: Southwest Region
Location: C.P.R.I. London
Geog. Loc. Code: 4150:j.
No. of Places: 1
Immediate supervisor1s titles: Supervisor òf Stores
Supervisor's position code: 17-6565~O8
Purpose of position: To provide centralized shipping
and receiving function for all
incoming and outgoing supplies
and equipment; provide various
manual and Clerical tasks in the
operation of the Department;
performs duties of Supervisor in
his absence.
Duties and related tasks:
Under the supervision of the Supervisor of Stores, .
performs receiving duties such as:
1. unloading, checking'and verifying all incoming
goods in accordance with established policies
and procedures to ensure agreemen~ with
packing slips and purchase ord~rs
2. prepares receiving reports for actual goods
received
3. reports any damage and/or discrepancies to the
Supervisor for action
4. maintains current and completed files of
purchase orders
5. maintains complete files of receiving reports
and notice of shipment
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6. prepares Queens Park mail for courier
services
7. sorts/distributes various letters and/or
parcels for individual and departments for
distribution
8. records receipt of s~ecimens and blood
samples (usually on dry ice) from
various hospitals and/or medical centres
9. handling Priority Po£~ , maintains records
of all incoming ship!;'ènts
10. handles deliveries of cylinders, 1. e. oxygen,
carbon dioxide, compressed air, nitrogen,
liquid ni.trogen to appropriate departments
Note: cytogenics - freezer(s) replacement gases
require special handling procedures
11. receives and checks on installation of large
furni ture and office equipment ib~ms
12. adheres to W.H.M.I.S. legislation which requires
special handling and checking of chemical
solvents and compounds when received
Le. identification and labelling
13. computers - stores Department "on--line" with
computer, technological changes and more
responsibility to job duties
14. receiving special grant items and maintaining
records for same, i.e. , cytogenics/biochemistry
labs. (Separate from CPRI) .
Skills and knowledge required to perform job at full
working level:
Combination of education, training and related
experience; ability to follow written and oral
instructions; good working knowledge of the type of
work involved; ability to maintain records; abil i ty to
work well with others; good physical condition;
personal suitability.
Supervisor's Name: Ken Manuel
Official's Name: E.M. Sarin, Administrator
Class allocation: Clerk 3, Supply
Class Code: 51204
Occupational group number: GO-03
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I have classified this position in aCGòrdance with the
Civil Service commission Classification standards
for the following reasons:
A. Under general supervision of supervisor of
Stores, is responsible for maintenance stockroom.
B. Incumbent requisitions supplies, checks incoming
goods, distributes stock and is responsible
for the security of the stock~ooms.
c. Existing class confirmed.
The applicable class standard reads as follows:
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 entireìy 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
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serJ.es.
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
I making allocations in this series is the size,
as
I defined in this preamble, of the stockkeeping function
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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 ~he series if purchasing as defined belo~t is one of
the functions requiring a minimum of 20% of the working
time.
DEF:r:'UTION
Size of Operation:
Because of the tremendous variation in the nature and
org.~ni za tion of storekee,ping 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
employèd in stoc~keeping operations. Consequently in
Ontario Hospitals, the size, in terms of bed capacity
is the criteria used. The size alone as a Reform
Institution ignores the p 0 s s'i b 1. e existence of
industries, which complicate the stackkeeping 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 thi.s class series,
considered to be equivalent to spec:ific specialized
sections of larger stockrooms, and the positions will
be classified accordingly.
Type of stock:
Each type of stock normally requires a separate bin
card and consists of a number af ident,ical items.
Stockroom:
An area specifically designated for the receipt, secure
storage and issue of equipment and/or supplies and
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which requires the full-time attendánce of one or more
employees. Cabinets, closets or cupboard lock-ups used
for the storing of small quantities of materials are
excluded.
.
Subsidiary StJckroom:
A stockroom whiGh is physically separated (remntely or
by partit~on or as a secure compound) from the othùr
supply areas ~nd which, although operated as an entity,
forms part of a larger unit of supply organization.
Specialized Section:
A component unit of a large stockrooIn having a
specialized function e. 9 . plumbing supplies, clothing,
linens, office supplies, etc". which mayor may not be
physically separated 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 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.
Larqe 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 only those filled by
temporary or permanent Civil Servants or by
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continuously employed public: servants who report to the
supervisor for discipline, wor}~ assignment and
administrative control. This includes all clerk
supply, clerk general, machine operating, clerk
messenger and driver positions concerned ih the overall
operation of the dut:."es assigned to the stockroom
supervisor.
No credit for supervision will be given for non-
continuous help, or fo:::: 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.
purchasinq:
In respect to stockroom operations involves locating
suppliers, interviewing salesmen, øvaluating 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
function unless the supervisor is held responsible for
the articles purchased and the quotation prices
accepted. The automatic requisition of standard items
or the ordering of standard items from assigned sources
is excluded from purchasing under 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. 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. 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
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. shipments, delays~ back orders ete'; 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 orders for
authorized requisitions; tag and address shipments;
contact the conveyor and complete neces~ary records for
the transaction.
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.
Qualifications:
1. Grade 10 or equivalent in ,åcademic training and
practical experience with a 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 3, SUPPLY
Class Definition:
This class covers the positions of employees who alone,
maintain a very small stockroom where the record
keeping'function is elementary. They are responsible
for checking that the correct amount and type of goods
are received, maintaining security, issuing stock to
authorized persons and checking stock levels.
This class also covers the positions of employees who,
under the general supervision of a higher level supply
clerk are in sole charge of subsidiary specialized
technical or trade stockrooms. They requisition
supplie~; ensure the careful checking of incoming
stock; the shipment of stock against authorized
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requisitions and the security of the stockroom. The
responsibility for these stockrooms is a full-time
occupation often including t,he repair and adjustment of
technical equipment.
This class also covers the positions of employees
acting as group leaders. Some of these are in charge
of functional units in large stockrooms, such as
shipping or receiving. In all posi.tions t:~cy assign
and !Jheck the work of two or more suJ:.¡o-rdina te
personnel.
This class also covers the positions of employees who
spend at least 20% of their working 'time in purchasing
as defined in the preamble of this series and who
report to a supervisor whose position has been upgraded
by one level because of purchasing responsibilities.
Oualifications:
1. Grade 10 or an acceptable equival1ent combination
of academic training and experienl:::e.
2. A minimum of three years· stockroom or related
experience.
J. Ability to follow specific written and oral
instructions; a good knowledge of the type of
stock involved; ability to maintain records; good
physical condition; supervisory ability;
personal suitability.
In dealing first with Mr. Perrin, it is clear on the evidence
that the essential and core function of his job is stockroom
duties. He performs, for the most part, the duties enumerated
for a Clerk 2, Supply. The Board is told that his job fits the
Clerk 3, Supply standard as it fits squarely within paragraph 1
of that standard. We are of the view, however, that there are
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major distinctions. ' Fi~st, he doesn't have sole responsibility
for the storage areas on the lower floor that, it is argued, 1S a
very small stockroom: second he is not responsible for
maintaining security - at best it is shared with his co-workers;
third the basement é\,rea does not fit the definition of stocl..room
,
- it,is not designated for the receipt of goods and does not
require the full-time attendance of employees. If anything, it
,would appear to us that the area best fits the definition of a
"specialized section".
Havi~g found that Mr. Perrin's duties fit comfortably within his
existing classification and not .the higher Clerk 3, Supply
classification we must reject his grievance.'
We dp not reach the same conclusion with respect to Mr. Myers.
The starting point of our analysis has to be his - and the
employer1s characterization of his job. It is agreed that he is
a receiver/Shipper. The question of whether a receiver/shipper
properly fits within this class standard was dealt with by the
Board 'in Marshall and Ministry of Health, 733/86 (Verity) . The
relevant portions of that decision are the following:
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It must be said that the class definitions in question
are somewhat dated. Indeed, the ClE~rk 2 Supply class
standard was last revised .in September 1965 and the
Clerk 3, Supply in February 1969. It appears that the
Clerk Supply Series is designed to apply to stockroom
attendants and does no': conternplat{~ the specia:).ized
position of shipper-receiver working alone in a
separate area with responEibility to maintain security,
to recei \'e and ship a cC'lInpleJC range of goods, equipment
and supplies. Simply ::.tated; the Grievor does not
function as a stockkeeper or stockman.
The preamble of the Series specifiE!s that the class
standard ~s designed for employees IIwho perform a
variety of clerical, manual, administ;rative, repair or
purchasing functions that are common to stockkeeping
operationsu. Admittedly, shipping and receiving are
common to stockkeeping operations. However, the
preamble also specifies that "i.f any employee
spec'ializes in only ,one of the many tasks involved in
the operation of a stockroom, the position should be
c~assified in another series more appropriate to the
type of work".
The Board is satisfied that t:he Grievor is
misclassified as Clerk 2, Supply which by definition is
designed to cover the "positions of employees
performing a variety of routine manual and clerical
duties in stockrooms". The evidence established that
the G~ievor is a shipper-receiver and not a stockman.
The Grievor does not place items on shelves or bins,
nor does he adjust bin cards to keep perpetual
inventory, or maintain stock ledgers or cards showing
the receipt and issue of all articles and the value of
items on hand - all of which are contemplated in the
Clerk 2 class definition.
The facts in the instant case are substantially the same as in
the Marshall case. Mr. Myers receives and ships a complex range
of goods, equipment and supplies. He does not, while in his
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substantive position «i.e.) when not iéplacing Mr. Hawkes},
perform as a stockman even while occasionally assisting Mr.
Perrin. The incidence of that on his evidence and that of Mr.
lenhaff is not sufficient to alter what his job is recognized to
bp- - that of a shipper/receiver. It may he said that becalise Mr.
Myers replaces Mr. Hawkes for approximately two months per year
and performs significant stockman duties that this would be
enough to keep him within the standard. The difficulty with
that, however, is that Mr. Myers replacement responsibilities are
not seen to be part of the duties of his substantive position.
They were characterized by the employer as "temporary
assignments" to which article 6 of the collective agreement would
apply. ~aving made that characterization it can not at the-same
time be argued that the temporary assignment out of his normal
position change the essential or core responsibility of Mr.
Myers.
Having made the above finding we are not of the view that it
would be useful to explore the usage argument and we decline to
do so.
The employer is ordered to find or create a classification for
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Mr. Myers which accurately reflects his duties and
responsibilities within 90 days of this decision. In addition he
sha 11 be entitled to full retroactive compensation, with
interest, to 20 days prior to the filing of his grievance.
Should the employer be unable to meet the,90 day time limit
indicated above they must indicate why they cannot do so to the
union, along with a date by which this Order will be fulfilled.
The Board will remain seized to deal with that eventuality, if it
arises, as well as anything else that: may arise from this
decision.
Nepean, this 31st day of Hay 1991
N\,j
M. B. Keller, Vice-Chairperson
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F. Collift Member
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P. Klym, Member
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