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HomeMy WebLinkAbout1990-1521.Clarke.91-10-17 ONTARJO EMPL OYES DE LA COURONNE CROWN EMPLOYEES DE L 'ONTA RIO GRIEVANCE C,OMMISSION DE SETFLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, SUITE 2'100, TORONTO, ONTARIO. M5G 1Z8 TELEPHONE/TELEPHONE,, (416.~ 326-'/388 180, RUE DUNDAS OUEST. B~JREAU 2100, TORONTO fONTARIO,h MSG lZ8 FACStMtLE/T~LL~COPIE : (4~6) 326-~396 1521/90 IN THE H,%TTER OF ~~ZTI~,TZON Unde~ THE CROWN EHPLOYEES COLLECTIVE B~%~G~INiNG ~CT Befor~ THE ~R~EVANCE SETTLF. N~NT BO~.D BETWEEN OLBEU (Clarke) G~ievor - and - The Crown in Right of Ontario (Liquor Control Board of Ontario) Employer BEFORE: S. Stewart Vice-Chairperson E. Seymour Member M. O'Toole Member FOR THE E. Mitchell GRIEVOR Counsel .Koskie & Minsky Barristers & Solicitors FOR THE R. Drmaj EMPLOYER Counsel Hicks, Morley, Hamilton, Stewart, Storie Barristers & Solicitors HE~RING Febr%lary 8, 1991 April 22, 1991 June 10, 1991 DECISION In a grievance dated July 16, 1990, Mr'. E. Clarke alleges that his position is improperly classified as a Clerk Grade 4. Mr. Clarke is employed at the LCBO's Durham Regional warehouse in the position of Storekeeper. He has held that position since November ~23, 1987. It is the Union's contention that the position ought properly to be classified as a Clerk Grade 5. In the alternative, the Union seeks, a "Berry Order", an order directing the Employer to properly classify Mr. Clarke's position. The position description for the Storekeeper position is attached hereto as Appendix A. The class standards for Clerk Grade 3 to Clerk Grade 5 positions are attached hereto as Appendix B. The Durham warehouse, which opened for operation early in 1984, is a large, automated storage and distribution warehouse located in Whitby. From October., 1983, until the spring of 1987, storekeeper duties were ca~ried out by Mr N. Guest. Mr. Guest's position was Scheduler/Storekeeper. His position was classified as Foreman/woman Grade 1, a higher classification than Clerk Grade 4, but lower than the Clerk Grade 5 classification sought by Mr. Clarke. There was some evolution in Mr. Guest's job functions. In particular, preventative maintenance was initially part of 2 his job but after a period of time he was no longer involved in these duties. The job evolved to the extent that at the time Mr. Guest left that position he was primarily involved in purchasing/storekeeping duties. In particular, he was involved in purchasing and maintaining appropriate levels of spare parts and procuring special orders, as well as maintaining the necessary records in connection with these matters. The Storekeeper/Scheduler position, classified as Foreman/woman Grade 1, was posted on June 12, 1987. Mr. Clarke applied for this position, however the position was not filled by the Employer. A position for Storekeeper, classified as Clerk Grade 4, was posted by the Employer on September 8, 1987. The duties of that position are described somewhat differently than the duties set out in the June 12, 1987, job posting. In particular, the posting for the Storekeeper position does not include a reference to preventative maintenance duties. Mr. Clarke was appointed to the Storekeeper position effective November 23, 1987. His letter of appointment dated November 20, 1987, advised him that during a six month probationary he would be assessed on his performance in the following areas: (a) Skills in the identification of and familiarity with roller chain and sprocket types; bearings and characteristics; conveyor roller types; common electrical components (relays, coils, lighting, fuses, etc); other "high volume" and common items in the spare parts store. (b) Ability to read engineering drawings which pertain to the facility. This will. include "Bills of Material" and an understanding of the storage system for drawings. (c) A sound knowledge of the layout of groupings of parts within the stores. A consistent and reliable "perpetual inventory" system. {d) Reliable skills in accurate pricing, purchasing, expediting and receiving practices. Good knowledge of and communication with suppliers. The evidence established that, by and large, the position description attached hereto as Appendix A provides an accurate description of Mr. Clarke's duties in the storekeeping position. Mr. Clarke testifed that he raised the matter of his classification with his supervisor, Mr. B. Pizzolato, Maintenance Manager, in the latter part of 1988. Mr. Clarke was involved with Mr. Pizzolato in revising the position description, which resulted in the current position description. Mr. Pizzotato forwarded the revised position description to M. Leuty, a classification officer, along with a memorandum, which is dated November 28, 1989. This memorandum states as foll~s: The current classification for Mr. E. Clarke, i.e. Clerk Grade 4, I believe is not an accurate ~ssessment of the position's responsibilities The position of Storekeeper as it applies to the maintenance department at Durham Warehouse carries with it a wide and often dynamically changing range of responsibilities. The position requires basic knowledge of various mechanical, electrical, electronic and miscellaneous cleaning supplies to maintain our spare parts stores. This knowledge is necessary to communicate with various different suppliers to maintain our stores which currently has over 1,3OO stock keeping units and an annual turnover of approximately $250,000.00. The positioa also requires the individual to use discretion in straying from set procedures as may be indicated by urgency in regards to special needs in time of major.equipment breakdown. The present salary structure does not, in my opinion, fairly compensate the individual for the duties and responsibilities he/she must discharge. Please review the attached modified Position Description and investigate the possibility of reclassifying this position. .Mr. Pizzolato, who was called to give evidence on behalf of the Employer, explained that his statements with respect to the responsibilities of the position were related to the previous position description, which was modified. He stated that he indicated that he felt that the compensation paid to Mr. Clarke was inappropriate because he made less than a janitor while at the first and possibly second step of the salary grid for his classification, notwithstanding his comparatively greater responsibilities. This is no longer the case, as Mr. Clarke is now at the top of his grid. Mr. Pizzolato also stated that the budget for spare parts was $120,O00, rather 5 than $250,000.00, ms indicated in his memorandum. The request for reclassification was rejected by the Employer by memorandum dated May 17, 1990. The Board heard evidence from Mr. B. Beebe, compe]~satio~ analyst with the LCBO. Mr. Beebe gave evidence as to why, in the Employer's view, Mr. Clarke's position was appropriately classified as Clerk Grade 4. Mr. Clarke possesses a Certificate in Storekeeping which was issued by The Institute of Purchase and Supply in London, England. Mr. Clarke obtained this certificate after writing an examination, following a three year program of study in storekeeping in Jamaica. Mr. Clarke came to Canada in 1972. He obtained a certificate in Industrial and Production Technology from Centennial College in 1974. This Certificate is based on a three year program, however Mr. Clarke testified that he was able to complete the program in two years, due to his previous training. Mr. Clarke has taken additional courses in planning production, materials handling, accounting, supervisory skills and computer work. Prior to his employment with the LCBO, Mr. Clarke had a long history of employment in materials handling. He was materials control co-ordinator for a company prior to 6 . commencing work with the LCBO in September, 1986. Mr. Clarke stated that he wished to obtain employment close to his home so he obtained employment with the LCBO in a temporary position at the Durham warehouse. In that position he carried out duties such as unloading trailers, sweeping floors and working in the shipping area. Mr. Clarke applied for and was awarded the position of Storekeeper, effective November 23, 1987. As previously noted, the nature of the duties performed by Mr. Clarke was not in issue between the parties, as there was no dispute that the duties as set out in Appendix A reflect the duties performed by Mr. Clarke. In essence, the Storekeeper position requires storekeeping and purchasing duties in the maintenance section of a large and sophisticated operation and the maintenance of records in relation to those duties. The position description requires sound clerical skills as well as formal education and training in stores inventory management. The requirements of the position reflect the environment in which the position exists, as according to the position description, the incumbent is required to have an "aptitude for mechanical, electrical parts and equipment in an industrial application plus an ability to read technical drawings". 7 Mr. Clarke' s storekeeping duties involve approximately 13OO stock items which are kept in the stores area. He 4maintains a catalogue of those items and a system of inventory control cards. The system provides for a minimum and maximum level of stock items. Changes to the levels would be discussed with Mr. Pizzolato before such a change was made, however Mr. Pizzolato -~ttated that he would generally accept Mr. Clarke's recommendation in this regard. Stock items are distributed by Mr. Clarke upon receipt of a requisition form. A request may be made by one of the five foremen in the maintenance department or by one of the approximately thirty skilled and semi-skilled tradespersons that they supervise. Mro Clarke is responsible for ensuring that stock items are maintained at prescribed levels. Mr. Clarke also deals with "special material requests", which are requests from his manager Mr. Pizzolato, or one of the foremen. These requests are dealt with in accordance with a three page policy. This policy was prepared by Mr. Pizzolato although Mr. Clarke contributed to the development of this policy. Mr. Clarke is responsible for determining the sources and obtaining quotations for special material requests. After obtaining quotations he generates a purchase order 8 and makes a recommendation as to which quotation should be accepted. The purchase order, which does not detail the quotations, is forwarded to. Mr. Pizzolato. Mr. Pizzolato testified that he relies on Mr. Clarke to make the recommendation with respect to which quotation will be accepted in the form of a purchase order but that he may ask questions about the purchase order. For items costing more than $1OO.OO, Mr. Pizzolato must obtain a counter- signature for approval. Mr. Pizzolato decides whether the item becomes a stock item. Items costing more than $1,OOO.OO are forwarded to the LCBO's head office in Toronto after approval by Mr. Pizzolato and Mr. Pizzolato's supervisor. Mr. Clarke testified that his recommendation as to which quotation is to be accepted is generally based on price, but that other factors, such as the speed with which the product can be made available may also be taken into account. In the latter instance, the matter will be discussed between Mr. Clarke and Mr. Pizzolato. If time is of the essence an item costing in excess of $1,0OO.OO may be broken down into two purchase orders in order to expedite authorization and hence speed the obtaining of the item. The procedure for obtaining quotations is based on an established policy, which requires one verbal quotation for a product costing less than $2,OO0.OO, three verbal quotations for products costing between $2,000.00, and $5,000.00, and three written quotations for products 9 costing between $5,000.00 and $10,000.00. Quotations for products costing upwards of $10,000.001 are obtained by public tender. Mr. Clarke does the ground work with respect to the public tender but the matter is dealt with by the head office. When items ordered are received Mr. Clarke checks the items to ensure that:~ they are the items that have been ordered and that they are in good repair. Mr. Clarke prepares the form necessarY, to authorize payment of invoices, which is approved by Mr. Pizzolato. In addition to his contacts with his supervisor, the maintenance foremen, the maintenance employees and suppliers, Mr. Clarke may be called upon to deal with customs brokers with respect to orders coming from outside the country. Mr. Clarke described his position as involving "a certain amount of autonomy". He is not assigned tasks on a day-to-day basis, but rather works within the established guidelines and procedures. Mr. Pizzolato confirmed Mr. Clarke's evidence in this regard. Mr. Clarke stated that if he was unable to solve a problem he would take the problem to his supervisor. He referred to situations of urgency, such as a breakdown of machinery, where he might be required to look to several suppliers to obtain the equipment as quickly as possible. He also refered to the 10 necessity of dealing with priorities in his job, in addressing the most urgent needs first. The issue before the Board is whether the duties of the Storekeeper position fit reasonably within the Clerk 4 class standard. As has been noted in many decisions of this Board, class standards are not intended to be job descriptions. Rather, they are intended to generally capture the kinds of duties that a number of different positions may entail. In addressing the issue of whether Mr~ Clarke's position is properly classified we will first address the evidence that the Board did not. find helpful in its considerations. The first matter is the fact that the position was previously classified as a Foreman 1. Given the evolution of the previous position and the change in the responsibilities of that position we found this evidence to be of no real assistance. The Board must determine whether there is a reasonable fit between the duties of a position and the classification to which the position has been assigned in the case of a "standards" argument, which was the argument advanced by the Union in this case. Because it is the Board that must make this determination we also found the evidence with respect to Mr. Pizzolato's initial support of Mr. Clarke's reclassification, his qualification of that support and the evidence of Mr. Beebe to be of no reali assistance. Similarly, we found the evidence of Mr Clarke with respect to his background to be of no real assistance. It is the qualifications required by the job description, rather than the qualifications that an incumbent possesses, which is the significant matter in cases such as these. After a comparison of the duties and responsibilities of the Storekeeper position and t~he Clerk .Grade 4 class standard in light of all of the evidence and the submissions of counsel, it is our conclusion that the necessary "reasonable fit" between the duties and responsibilities of the position and the classification to which it has been assigned does not exist. While a large component of the duties of the storekeeper position are clerical duties, it is our view that there is a significant component of the duties of the Storekeeper position that the Clerk 4 class standard, and, indeed, that class series, does not contemplate. The purchasing and supply duties in the context of this particular environment involve responsibilities which are not primarily clerical in nature. It is significant, in our view, that in addition to the'requirement for sound clerical skil].s, which one would expect to find in a position which is classified as a clerical position, the position description in this instance requires an aptitude for mechanical/electrical parts and equipment in an industrial application and an ability to read technical drawings. It requires the incumbent' to use judgement and initiative to ensure the technical accuracy of the parts ordered. The .position description also requires formal education and training in stores inventory management, as well as lifting, from time to time. We agree with Ms. Mitchell's submission that Mr. Clarke's current classification does not contemplate the formal training in stores inventory management that is required or the non-clerical aspects of the position just described. Our view in this regard is reinforced by the description of typical duties for all three of the Clerk class standards that were provided to us. The duties described are essentially clerical duties of varying complexity. While the duties described do involve some of the kinds of duties performed in the Storekeeper position, such as the record keeping function, they do not reflect the non-clerical types of duties that form a significant portion of the duties of the Storekeeper position. While we have concluded that Mr. Clarke's position is not properly classified, we cannot conclude that his position ought properly to be classified as a Clerk 5. In our view, this would be an improper classification for the same reasons that we have found his position to be improperly classified as a Clerk 4:. Ac:cordingly, the appropriate remedial relief is a '"Berry order". The Employer is directed to establish a proper classification for the grievor's position. The Board will remain seized with this matter, including the matter of compensation, in the event that the parties, are unable to reach agreement. Dated at Toronto, thisl? day of October, 1991 S.L. Stewart - Vice-Chairperson E. Seymour - Member M. O °Toole - Member APPENDIX LCBO POSI'£!O~; DESCRIPTION POSITION COVERED BY THE COLLECTIVE AGREEMENT CODE: 947SK ~ POSITION TITLE: Storekeeper AREA OF RESPONSIBILITY: Operations SUPERVISOR'S Manager, DIVISIOn: Products and TITLE: Maintenance Distribution DEPARTMENT: Durham Regional INCUMBENT: E. Clarke Warehouse SUPERVISOR: B. Pizzolato SECTION: Maintenance ~LAS$IFICATfON: EF~EC~IV~ DATE: November. 1, 1989 PURPOSE . To maintain stockroom and perform related purchasing and storekeeping duties for Maintenance. DUTIES AND RESPONSIBILITIE~ .Approximate % of time Under the direction and general supervision of the Manager, the incumbent works with independence and some latitude for decision making to provide a store service by: Ensuring the orderly and secure storage of parts, up- 40% dating inventory control records; requisitioning parts '-. for restocking. Consulting outside suppliers for cost estimates of 35% replacement parts; clarifying parts information; ' ~ determining possible substitute parts (cost reduction 'and/or performance improvement); obtaining competitive quotations; expediting repair/replacement services from external sources. PrePare.purchase o~d~rs, cost individual p~rchase orders. Verifying deliveries (against packing slips); completing 20% various documents, records and forms. - Occasional: Performing other related duties as required such as: 5% Participating in the development or refinement of internal procedures. CODE: 947SK DECISION RAKING/COMPLEXITY Problems encountered: Obtaining accurate and specific descriptions of parts and part numbers; receiving unwanted parts or errors on packing slips and invoices; late deliveries. Ensuring LCBO is benefiting from "value for money". Decision making: Judgement and initiative required to ensure the technical accuracy of all required parts ordered, to identify and resolve errors on parts received and associated packing slips and invoices, and to locate alternative suppliers and substitute materials/parts. Types of decisions or problems referred to supervisor: Unavailability o~ required parts and supplies. CONTACTS position contacted ~re~uency Reason for contact ~nternal: Forepersons Daily Clarification of requirements. Manager, Maintenance Daily Clarification of requirements. External: Suppliers and Daily To source, provide or Representatives .- exchange information and resolve problems. SUPERVISION GIVEN Cnumber, classification, reDort[n~ relationships) None. SUPERVISION RECEIVED Supervisor outlines methods and procedures by: Work is assigned by directives and is performed within guidelines established' by procedures for cost estimating and purchasing requisitions and a set routine ~ith little variance or change, i.e., monitoring stock levels to initiate requisitions. CODE: 947SK SUPERVISION RECEIVED CONT'D Frequency of guidance and direction received: As and wken required, specific to the instant situation. Work checked by: Manager prior to authorization of invoices for payment and/when feedback requires closer &upervision. WORKING CONDITIO~S/P~YSICAL DEMANDS (unusual aspects]physical effort) Physical effort lifting from time to time. COMMENTS (additional information) SUPERVISOR'S CO~2~ENTS Any comments necessary to complete or improve accuracy of facts provided. Amount of specialized to technical knowledge, skills, a~d education required to perforn the duties of this position. Good knowledge of the requirements of stockkeeping and ability to operate a stor~s area effectively and efficiently. Sound clerical skills for all record keeping. Aptitude 'for mechanical/electrical parts and equipment in an industrial application plus an ability to read technical drawings. LReliable '~kflls £n accurate p~iclng, pUr~aSing, expeditiSg and receiving practices. Good knowledge of suppliers. Strong communication skills are needed. /Formal education and trainin___g~%~ stores inventory management~>~- Amount and type of work experience to satisfactorily perform this job, including previous experience on other related jobs in the organization, or in other organizations, plus a reasonable training period on the job. Previous, related experience in a similar environment demonstrating progressive responsibility and ability to work without direct supervision. CODE: 947SK April 27, 1990 % ML: lm ,. APPENDIX L.C.B.O. & L,L.B.O. CLASSIFICATION GUIDE FeSru~ry [, 1978 CLASSIFICATION EVALUATION CRITERIA C~ C~ 3 ~ts level covers positions performin8 clerical ~asks of some SUMMARY OF com~lexit~, ~a work =e~ui~es a back~ro~ knowledEe RESPONSIBILITY regulations, statutes and Board operations, LEVEL Buttes ~y ~cl~e creation, ~inten~ce and processing of ~tles ~ records (i.e. breakase and cIat~ licensing ~tles, reeetvals fo~, persoaueL tiles etc.). O~het duties ~y include preparation of standard factual reports or TYPICAL ~t~ds baaed ~ routine c~tlati~ of data. ~7 operate OUTIE$ off,ce ~ch~es in execuc~ of duties. ~y ~ndle ~elephone- calls and personal callers. ~y also do a ~l[ ~ount of Initiative is needed in follovtn8 up on errors and ~king necessary corrections. Limited Jud~ent OECIS[ON selectiou ~d ~tetpret~ttoa of data a~d MAKING/ ~tthtn a ~ta~ot~ of policy ot p~acctce. COMPLEXITY ~ the ~rk ~lt or to other LC~O/LLaO personnel. CONTA~S issues, Ia some cases, clerks aC this level vi, Il oversee the york of a small team - for iaterattteat periods of c/me, provtdin& i ~dance when needed. SUPERVISION GIVEN Work ts performed tmder supervision. Instructions are clearly 4elineate4 aC the beginn~8 of :he assortment. Because of SUPERVISION getters1 experience., and ~ovledge of the york euvito~:, there RECEIVED ts [tCcle need for detailed ~id~ce or ~structfons. ~crk ts t~e~ed ~17 per~odical17 for adherence co established policy ~d ptocegure. In ao~ instates it ts possible :o omi7 spot check a~pleCed assists. m~aim~ of 2 yeare of related clerical e~ertence. ENTRANCE QUALIFICATIONS L.C.B.O. & L. LB.O. CLASSIFICATION GUIDE Februa~jf 1~ 1978 CLASS{ FICATION EVALUATION ,. CRITERIA CLERK GRADE 4 This level covers positions performing a variety of responsible clerical tssksi of moderate comptextty. The SUMMARY OF work ~equtres an extensive understanding of regulative, RESPONSIBILITY statu[es ~nd ~/LLBO LEVEL Du~te~ ~7 tat[ode eva[uaC:Jn~ complece~ decumen~a and and aeseSStn8 extent of variaeton from pre-dece~tned guidelines, (i. e. clearance of ahip~n, t8, foreces~in~ stock requirements. ~chinS invoices,, design ~nd registration of forms). TYPICAL ~tai~ co. lex bookkeeping records and ~y prepare statistical DUT~ES ~eporca and interpretive correspondence. Other related du~les Decision ~ktng i, required on variations from the established . DECISION analysis of data ~nd work me~hods and procedures. Dectstona 1 MAKING/ re~utrtnS ~or departures [rom esLab[[shed practices ere COMPLEXITY re~er~ed [o euper'v~sors. Depending on the tasks of the work unit, ponttions will have frequent and vmried contocts within the L~BC)/LLBO and externally although they will not be spokespexsons for thelr CONTACTS group. May oversee a small team of ~tmior staff by assisning and checkered ~ork, resol, ving encountered difficulties, explaining procedures, and ~tntain~g discipline. SUPERVISION : G[VEN Mogk Ks performed under general supervision but staff are expected to exercise initiative in recommending solutions SUPERVISION · to problems.. ~nowledge of procedures, policies and practices RECEIVED is assumed so guidance is only required when maccers depar~ ' .f~om establishe& policy and procedures, Completion of ~ou~ years of secondary schooling or equivalent. A atnimua of 3 years o~ related clerical ~pe~ience. ENTRANCE QUALIFICATIONS · L.C.B.O. & LL.B.O. CLASSIFICATION GUIDE .February 1, 1978 CI ASSt FICATION EVALUATION CRITERIA CLERK GRADE 5 This level covers positions perforaing clerical tasks of a very difficult and comp[ex nature. Judgment, independence SUMMARY OF and analytical skill ere needed to handle interpretations of RESPONSIBILITY policy, s~et~mee ~n ~11 defined et~uat~ona, This /eve[ also Junior clerk. Duties may include preparation o[ statist[cai and narrative reports and records on the baals of information collected from various sources. Some reports might include complicate~ currency converslone~ accounting reconciliations and cost TYPICAL cce,putettons. Clerks may lead small work units and may also DUTIES represent units, in dealing with other parts of the organization. Decision making is required in the interpretatto~ and application o[ policy or admlnistritive rules, where exist/ns instructions do not relate to the specific case under consideration, Exercises DECJ$10N tnibtsttve and judgment in adept/ns procedures to meet unusual MAKING/ situations, participates in making, or makes independent COMPLEXITY decisions involving the planning, organizing and scheduling york; exercises Judgment in establtahtng priorities and making changes ia ~tork =echod$ and Positions requite demonstrated skill and tact sensitive and difficult public relations situations both on the phone and in person, Contacts are with personnel in CONTACTS end externally with shippers, suppliers, and government agcnc~es. ~Lay be expec:ed to be a epokesperson Rhea dealing with other unica. Hay supervise a small york unit by training and coachi.ng, establiahin/ standards, solving problems, handling unusual cases and /iettibuting ~ork. SUPERVISION GIVEN ~ork is assigned in terms of specific obJectivca. ~orks under general direction and receives broad directives ~tch considerable SUPERVISION latitude £or independent decisions and innovation. ~ork' is RECEIVED subject to general review only for conformity to established policy and standards. Completion o[ four years of secondary schooling or equivalent. Full familiarity with relevant LCBO/LLB0 policies, regulations, ENTRANCE and procedures. A ~tntmum of 5 years of related clerica~ OUALIFICATIONS experience.