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HomeMy WebLinkAbout1990-1816.Brooks&Whitney.91-10-17 ONTARIO EMPLOYES DE LA COURONNE CR 0 WN EMP L 0 YEE$ DE !. 'ON TA RIO GRIEYANCE C OMMISSlON DE SETTLEMENT REGLEMENT BOARD DES GRIEFS ~.JNOA$ ST~EE'F WES T. SUITE 2 ~t00, TORONTO; ONTARIO. tb~O 1Z8 TELEPHONE/TELEPHONE.. (4 ?6) 326- ~ 388 RUE OUNOAE, O~JEST, ~tJREA~J 2~:00, TORONTO ~'ONTARtO}, MSG IZ8 FAC$IM~J.E/T~L~COPtE ,. I416) 326-1396 1816/90, 1817/90 · tM THE Un,er THE CItOI~M ~P~E~ ~L~X~ B~XMXN~ ~T Before ~ GRIE~CE BE~EN OPS~ (Brooks/~itney) ~rievor - ~4 - The Cro~ in Right of Ontario (Minist~ of Health) Employer BEFOg: N. Dissanayake Vice-Chai~erson J. C. ~niel Me. er M. O'Toole Me. er ' FOR THE C. Dassios ~RIEVOR Counsel Gowling, Strathy & Henderson Barristers & solicitors FOR THE D. McKeown EMPLOYER Counsel Hicks, Morley, Hamilton, Stewart, Storie Barristers & Solicitors HEARING September 23, 24, 1991 2 DECISION These are two classification grievances which were heard together on consent. Mr. Grant Brooks and Mr. Ken Whitney are employed in the Dietary section of the St. Thomas Psychiatric Hospital in St. Thomas, Ontario. BrOoks' position is classified as Clerk 3 Supply. He grieves that his position is improperly classified and seeks reclassification as Clerk 4 Supply. Whitney's position is classified as Clerk 2 Supply. He grieves that his position is also improperly classified, but he does not lay claim to a higher class in the Cl~rk Supply series. Instead he seeks "a Berry order" directing that the employer find or c~eate an appropriate classification for him. The two grievors testified for the union. The employer called no witnesses to testify on its behalf. The grievors work in the Ingredient Control Area within the Dietary Section of the hospital. It is common ground that the Ingredient Control Area is a "stockroom" within the meaning of the class series. Food items, (frozen, refrigerated and dry) are received and stored in this area, and issued to the various users within the hospital. Brooks holds the position of Ingredient Control Clerk and Whitney the position of Assistant Ingredient Control Clerk. They are the only employees in the area. They report to the Production Coordinator, Mr. Dan McIlhargey. The Clerk Supply class series, including the preamble, is attached to this decision marked as Appendix "A". The first task of the Board is to determine whether or not the grievors are properly classified within their existing classifications. If they are, that ends the inquiry and the grievances fail. If the Board finds that the grievors are .improperly classified, then it must proceed in the case of Mr. Brooks, to determine whether his position properly fits the higher classification he seeks. The test for deciding whether a position is improperly classified has been repeatedly stated by this Board. While different words have been used by different panels to describe the test, the substantial requirements, of the test have been consistent. A typical statement of the test is found in R__e Aird, 1349/87 (Sloan) at p. 8 as follows: The onus is on the grievor to show that he is actually performing a job, the essence or core duties of which do not fit within the class standard to which it has been assigned by the employer ... With that test in mind we turn to the relevant facts relating to each grievance with a view to deciding whether the positions in question are improperly classified. The Brooks ~rievance A review of the Clerk 3 Supply class definition discloses that there are four groupings of employees, who are covered by the class definition. The four groups are: dealt with in four separate paragraphs. There is agreement 'that the three last paragraphs do not apply td Brooks. The die,pure is whether his position comes within the first paragraph of the Clerk 3 Supply definition, which reads: This class covers the positions of employees who alone, maintain a very small stockroom where the record keeping function is ele:~entary. 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. There can be little doubt on the basis of the evidence that Brooks is responsible "for checking 'that correct amount and type of goods are received"; "for maintaining security"; for "issuing stock to authorized persons"; and for "checking stock levels"; as described by the first paragraph of the Clerk 3 Supply class definition. No real issue was taken with regard to those aspects of the class definition. Counsel's argument that Brooks' position does not fit the description in that paragraph is made on the basis that the stockroom which Brooks maintains is not "a very small stockroom" as envisaged by that definition. Counsel points 5 out that the preambl~ provides that the overriding criterion in making allocations in this series is the size of the stockkeeping operation. It is counsel's submission that Brook's position cannot be said to involve the mainte'nance of a "very sm~ll stockroom" and that therefore on the basis of the overriding criterion, he is improperly classified. In support of his position, counsel adduced evidence that the Ingredient Control Area that Brooks is responsible for comprises of a number of different rooms spread over a large area. It was also established that Brooks is assisted by a full-time assistant (the other grievor in this proceeding, Mr. Whitney). Counsel also led evidence of certain duties performed by Brooks, which he contends were outside the Clerk 3 Supply definition but properly fell within the Clerk 4 Supply definition. 'The preamble recognizes that in making allocations in the Clerk Supply series, the overriding criterion is the size "as defined in this preamble". "Size'of operation" is defined in the preamble not by the size of the area or the number of rooms, but by "the number of staff required for the operation of a particular unit". It goes on to define four sizes of stockkeeping operations. The four sizes recognized are: small, medium, large and very large. 6 The Ingredient Control Area consists of Brooks and and assistant. Therefore, it cannot fit the definition of a medium stockroom, (which requires a supervisor and two to four subordinates) or a large or very large stockroom. On the other hand it can fit the definition of a small stockroom, i.e. a small stockroom operated by one employee and an assistant. The Clerk 3 Supply definition refers to a ve__gXl small stockroom, as opposed to a small stockroom. In addition, it is said to cover the positions of employees who maintain such a small stockroom alone. It is on these two grounds that the union submits that the Clerk 3 Supply~definition does not fit Brooks' position because his stockroom i~5 not a "very" small stockroom and because it is not maintained alone by Mr. Brooks. As noted, the preamble to the class series contains a definition of sizes of operation. It is an exhaustive, as opposed to an inclusive, definition. In other words, only the four sizes of operation~ are to be reco{;nized in allocating classes within this series. Having provided such an exhaustive definition consisting of only four sizes of operation, it in inconceivable that a class definition would be created to cover a stockroom size that. does not fit any of the four defined sizes. The use of the word "very" certainly is troublesome. The smallest stockroom recognized by the definitions of sizes is the small stockroom. In our opinion despite the use of the word "very", the operation size contemplated by the Clerk 3 Supply definition"is that of a small stockroom as defined in the preamble. The next issue is the significance, if any, of the use of the term "alone" in the Clerk 3 Supply class definition. We have concluded that the class definition must refer to a small stockroom, because it possibly cannot refer to any of the other three sizes of stockroom recognized by the preamble. Since the definition of "small stockroom" allows for an employee and an assistant, it is our conclusion that the existence of an assistant does not exclude Brooks' position from the Clerk 3 Supply Class definition. We do not understand the term "alone" used in this context to mean, "without assistance". In our view the availability of the services of a full-time assistant does not take Mr. Brooks' position outside the Clerk 3 Supply class definition. We have considered the evidence adduced in an attempt to show that Mr. Brooks performed duties outside his classification. It is not difficult to comprehend that there may be overlapping duties performed in stockrooms of different sizes. It is precisely because of that, that the overriding criterion for classification is said to be the size of 8 operation rather than the nature of the duties performed. Looking at Mr. Brooks' job as a whole, we cannot conclude that his position does not properly fit the Clerk 3 Supply class standard, eventhough he may perform some duties that are not referred to expressly in the class definition. The Class 3 Supply definition mentions only 4 specific duties. The fact that he performs other stockroom duties not mentioned in the paragraph does not necessarily mean that those duties fall outside the scope of this class. Besides, many of the duties listed by Mr. Books as being outside the Clerk 3 Supply definition are performed by him subject to the direct approval of his supervisor. In the totality of the circumstances, we cannot conclude that these duties are not properly encompassed within the Clerk 3 Supply class definition. Accordingly, we find that Mr. Brooks' position is not improperly classified and his grievance is hereby dismissed. The Whitney Grievance As noted, Mr. Whitney's position is classified as Clerk 2 supply. The Clerk 2 Supply class definition does not make reference to any size of the stockroom. An incumbent in this class therefore can be employed in any of the four sizes of operations recognized, provided that he or she fits the class definition. The distinguishing feature of this class is that the incumbent performs "a variety of routine manual and clerical duties in stockrooms". The union's submission simply is that Mr. Whitney's duties as Assistant Ingredient Control Clerk are not routine or simple. It was point'ed out that Whitney checks the deliveries in order to ensure that the correct quality and quantity of dairy products are'received; that he shares the locking-up (security) duties with Brooks; that .he does the ordering of the dairy products; that he checks the stock level and decides how much to order; and that he fills in for Brooks during the latter's vacations and other absences. We are satisfied that these duties comfortably fit the Clerk 2 Supply class standard. For most part a daily job description established by management provides in detail his' daily tasks within a time-table. In relation to most products the employer has established a par value.' In those cases, it takes a matter of a simple mathematical calculation to decide the quantity of goods to be ordered. Where there is no par value, Mr. Whitney has to use his judgement based on his observation of how much of a particular product is usually used. Or he may seek information from the cafeteria staff or the kitchen staff. That in our view does not take those duties outside the realm of routine and simple duties. 10 As for security duties, the evidence is clear that it is Mr. Brooks' responsibility and not Mr. Whitney's. It is apparent that Brooks and Whitney get on cordially and help each other. The fact that Whitney shares ~ome of the security functions in these circumstances is not significant for classification purposes. Similarly, in our view, for classification purposes not much weight can be attached to the evidence that an employee fills in for an incumbent in a higher class during the latter's absences. Those acting duties are irrelevant in deciding the appropriate classification of Mr. Whitney's own position. The collective agreement in article 6.1.1 provides a form of acting pay "Where an employee is assigned temporarily to perform the duties of a position in a classification with a higher salary maximum", provided the assignment is for a period of excess of five consecutive working days. We have no evidence as to whether Mr. Whitney met the prerequisites for acting pay when be replaced Mr. Brooks and whether he in fact received acting pay on those occasions. Nevertheless, the fact that the collective agreement makes special provision for acting pay supports our conclusion that acting assignments do nol: go to determining an employee's classification. 11 In our opthion ~the duties relied on by Mr. Whitney as falling outside the class definition are reasonably comprehended within the class standard or are so ancillary to 'the functions anticipated by the class definition, that there is no substantial departure' from the class definition. It cannot be said that any of those duties performed by Mr. Whitney do not fall within the general description of the functions anticipated by the Clerk 2 Supply class definition, namely routine and simple tasks relating to receiving, storage, handling and distribution of equipment and supDlies in a stockroom. Accordingly, Mr. Whitney's grievance is hereby dismissed. Dated this 17th of October, 1991, at Hamilton, Ontario. N. Dissanayake Vice-Chairperson Member M. O'Toole Member APPENDIX A PRF~MBLE · CLER~ SUPPLY SERIE.$ These classes cover the positions of employees who perform a variety of clerical, manual, admtinistrative repair or purchasing functions that are common t~ stockkeeping operations iii the Provincial Govermment Service. If any emFloyee ~peciali:~s in only one of t~e many tasks involved in the operation of a ~tocf,~oom, the position should be classified in another series more appropriate to the type of work. For example, positions concerned entirely with the'clerical recording of transactions should be al[ocatej to the Clerk, General ser~es. Positions ia which purchasing is th~ .~ain function should ~ot be classified iu this series. Many factors, such as the mainte~%nce of the necessary ledger or other records~ inventory control, establishment of minimum - m~xim, lm~ requirements etc.: are common to all stockrooms and vary si§nificantl}- only to the extent that the size of the stockkeeping function varies. Thus, the overriding criterion in making allocations in this series is the size, as defined in this premnble, of the sgockkeeping function rather than any variation in the clerical or ad~t[nistratiYe functions associated with it. Supervisor~, positions covered by.the classes Clerk 3 to Clerk 6, Supply ... will ~e assigned tO o~e class higher in the series if purchasing, as defined below, is one of the functions requiring a minimmu of 20Z of the working time. ' F,F,F.IX iT ION: 5i:e of O_peratiom: Because of the tremendous variation in the nat~tre and organization of stockeeping function, s between depar~nien~.~, the nmnber of staff required for ti:e operation of a particular unit is the only practical ~asis of comparison? for classifica'tion purposes, in all departments except HeaLth ar~ Reform ' Institutions. In the latter depar~.~ents~ patients or inmates are often employed in stockkeeping operations. Consequently in Ontario Hospitals, ~he ,size, in terms of bed capacity, is the criteria used. The ~i:e alone of a..' Re£or;n Institution ignores the possible existence of industries, which complicate the stockkeeping function, therefore the value of annual stock turnover is u~ed as a basis of comparison for the determination of level. Stockrooms having less than [00 diffe:-ent ty~es of stock are~ for the purpo~;e of this cla~ series, considered to be equivaienC to .~¢cific speciali=ed sections of larger stockrooms, amd the positions wit[ be classified accor~i,g]r~ 51200-14 Ty~e~ of Stock_:, Each type of stock normally requires a separate bin card and consists of a number of identical items. _S.t oc kroom: An area specifically designated for the receipt~ secure storage and issue of equipnent and/or supplies and which requires the full-time attendance of one or more employees. Cabinets, closets or cupboard lock-ups used for the storing of small quantities of materials are excluded. SUBSIDL%RY STOCKROOM: A stockroom which ~s physically separated {remotely or by partition or as a secure compound) from the other supply areas and which, although operate~ as an entity, forms part of a larger unit of supply organization. SDeciali=ed Section: A component unit ~f a large stockroom having a specialized function e.g. pl,m,bing supplies, clothing, linens, office supplies, etc. which may or may not be physically separated or~artitioned from the main supply arez. Apart from the exceptions mentioned abov.e, the sizes of stock~.eeping o~.rations are defined as follows: Small Stockroom-This is a small s~ockroom operated by one employee or by. one employee and an assistant. Medit~n Stockroom - This is a stockroom which requires a supervisor and. two tc fo~w subordinates. ,.-' La~e 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. Suo..'rvi~ion: Pos~itious supervi.~ed lnch, de only those filled by temporary or permanent Civil Servants or by centinuou~ly emF.'oyed publi~ servants who reFort to the ~upervisor for discipline, work assignment and administrative control. This includes all clerk supply, clerk general, machine operating, clerk messenger a~d driver positions concerned in the overall ~peration of the duties assigned to the stockroom su~ervisor. No credit for supervision will be given for non-continuous help, or fer employees temporarily on loan from other,organi.-ations. Neither is 'credit given for amployees who report to the super;'isor purely for administrative - convenience, when these employees are not involved in the operatien of the stockroom or any of the a~iliary duties assigned to it. PurchasinK: In respect to stockroom operations involves locating suppliers, interviewing salesmen, evaluating prices submitted by tender, deciding en the articles to purchase and the actual placing of pm-chase orders or the of purchase orders to a superior for signature. No credit can 2e ~i%-en for the purchasing function unless the supervisor is held responsible for the articles purchased and the quotation prices accepted. The automatic requisitioning of s~andard i~ems or the ordering of standard items from assigned sources is excluded from purchasing under this definition. Revised January [970 CLASS DEF]I~ITION: T~s class covers trainee positions of ~e~eri~ced e~ployees [e~ stock~ four,es ~d t~e co~g ~d cout~~ ~c~ ~d out~o~ s~ock. Under close supe~is~on ~ey check ~co~g b~]]~ 'for shor~ges ~d d~ge ~ tr{msit; ~e~ qu~tities ag~st pac~g slips ~d p~chase o:~ers~ ~d ~r~spo~ co~g it~m~ to shelves or b~s. Uney ~a~er ~icles from s~o~ ~o f~ req~s~en~ or ~c~ p~p~ t~ese for s~ent. ~ ~my issue eq~ent on lc~ ~d be ~spcnsible for ~e m~t~ce of ~e lo~ ledger. ~ey ~y lc~ ~d ~cad ve~cles~ ~ve eq~ent ~e sto~om ~ ~ cle~ ~d tidy This is also a termina~ cia.ss for positions in which the duties are confined to simple manual tasks such as collecting or moving .stock, packing shipments and keep~I~ the stockroom clean and tidy. l. Grade 10 or equivalent in academic training and practical experience ~ a ~ocd wo~ ~o~led~e of ~i~etic ~d p~ferably s~e e~erience ~ j~icr cleric~ or f~ wO~ .... 2. ~ili~ to ~derst~d ~d car~ out s~le ~o~ ~ys~c~ con~tion; abil[~ tc iea~ ro~e cleric~ tasks; person~ ~tab~i~. June 19~ 51202 _ CLERK 2. SUPPLY C I. AS,$ DEFINITION: .This class covers the positions of employees performing a variety of routine manual and clerical duties in stockrooms. Under §en--r~l supervision, they carry out a number of the various tasks connected with the recei¥in=~, sto£a=~e, han~lin~ and distribution of a wide variety of equipment and supplies. T~ey check incoming shipments against weigh bills for shortage an& damage in transit; check quanti:ies a~ainst packin~ slips and purchase orders; contact suppliers re~ardir~ short shi~nents~ delays, back orders etc; place i~ems on shelves or bins, adjusti,~ bin cards to keep perpetual inventory. They also maintain stock le~ers or cards showin~ the receipt and issue of all articles includin~ the value of items on haz~. They assemble orders for aut~horized requisitions.: ta~ and a~dress shi~nen~s; contact the conveyor and complete necessary records for the transaction. 'This is a terminal class for e~ployees, w~o l~rfo~m in a supply area, simple ~leric~ ~uties in ~on~unc~i~ with ~asks requirin§ the frequent appli- cation of considerable physical effort or ~he .operation of mechanical equip- ment. ~UALI~iCATIOI~: 1. Grade 10 or equivalent in academic trai~-~n~ an~ practic~ experience with a good working knowledge. 2. A m~n~m~ of ~o year~' st~ckro~ or related e~erience. 3, Abili~ to follow s~ple, specific, or~ or writt'en ~st~ctions; ability to ~t~ cleric~ reco~s; ~ood ~ic~ co~tion; person~ su~ability $ ReviAed eD~em~er 1965 $1204 CLERK 3,~ SUPPLY C/ASS D~"INZ'~ON: This class covers the positions of employees who alone, maintain a very small stockroom wher~ 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 checkin~ stock levels. This c/ass also covers the posit~ons of emp.loyees who, under the general supervision of a hi~her level supply clerk are ia sole charge of subsidiary specia]_i=ed technical or trade stockrooms. They requisition supplies; .e.nsure the careful checkiag of inco~ng stock;, the shi~ent of stock against authorized requisitions and the security of the s~ockroom. The responsibility for these stockrooms-is a full ti~e occupation often including the repaAr and adjustment of technical equi .p~ent. This class also covers the positions of employees acting as ~roup leaders. Some of these are in charge of functional ~mits in large stockroa~s, such as shipping or receivint, h all positions they assign and check the work of or more subordinate personhel. : This class also covers the positions, of omployees who spend at least of their working ti~e in purchasing as defimed in the preamble of this series and who report to a supervisor ~hose positS.on has been upgraded by one level because of purchasi~,g re~pon~i~ili, t..ies. QUALI FI CATI ON S: ' ~-~ 1. Brade 10 or an acceptable equivalent combination of academic trai_.iu~ and experieuce. 2. A m~-i~um of three years~ stockroom or related experience. 3. Ability to follow specific written and oral instructions; a good kuovledge of the type of s~ock involved; abili~.F =o maintain records; good physical condition; supervisory ability; personal suitability. Revised, Febr~arv 1969. 4 51206 CLERK 4~ SUPPLY CLASS DEFINITION: This class covers the positions of employees who, under general super~-ision, have full r~sponsibility for the operation of a small stockroom where the work voltune may require one full-time assistant. They ensure the careful checking of incoming stock; the shipment of stock against authorized requisitions, and the security of the stockroom. They decide minimum maximum requirements; requisition supplies; keep a perpetual inventorY; maintain all necessary ledger records and pre,are reports-of the ope_ration for the suDezwisor. This class also covers the positions of employees in charge of a specific specialized section of a large stock-room~ in~olwing superwisiou of two or more subordinates; the maintenance of all. stock records in their area and the c~pletion of reports for their supervisors. This class also covers positions of employees who are second in charge of a 'large stockroom where the organization is not broken down into' recognized units as above. To qualify for this classification positions must have continuous res.~onsibility for the efficiency of the operations, work assignments and solution of day to day' problems and would assume supervisory charge of the stockroom during t~he supervisors absence. This class covers the positions of sopervisors in reform institutions in charge of centralS:ed stockkeeping operations with an annual stock turn-over value of less than $150~000. This class also covers the po~i'tions of supervisors in charge of a con,ali:ed stackkeeping operation in Ontario Hospitals with fewer than one hundred bed~. .QUALiFICATIONS: , 1. Grade 10 or an acceptable equivalent of academic training and experience. 2. A minimum of four years~ experience in stockroom work. 3. tbility to maintain records and follow specific written and oral instructions; a good knowledge of the type of stock involved; good physical condition; supervisory ability; personal suitability. Re%-ised. February, lO69. $120~ CLASS DEFINITION: This class =overs the ~ositions of e~loyees who, under general supervision, are resppnsible for the operation of a medium s~ockroom with 2 - 4 subordinates. They ensure =he careful =he=king of £ncom/ng stock, the shipment of stock against authorized requisitions and the nea~ness an~ security of the stockroom. They decide minimum, maximum requirements; requisition supplies; ma.intain a perpetual inventory and comple~ stock ledger records; prepare r.~orts of the o~eration for the supervisor. This class also covers the ~osi~ions of em~loyees in charge of a spec£fic s~ecializea section'of a very la:rge s~¢k=oom involving supervision of three or ~ore subor~inates~ the maintenance of al1 stock records in their area aha the eom~le~ion of re~or~s for their supervisors. This class also covers the position of the second in charge of very large stockrooms when ~he o=ganiza~Lon is not broken ~own into recogni=ed units as above. These employees have continuous respons~bliit-f fo= the efficiency of the operations, work assignments and the solving of day Co day problems. This class also covers the 9ositions of supervisors in charge of a centralized stockkee.oing o~erat£on in 0~=io Hospitals wi~_h over one hundred bu~ fewer than five hundred beds. This class covers the positi, o. ns of supervisors in reform inst£~utions in charge of cencralize~ s=ockkeeping o~era=ions with an annual stock turnover value of more Chart $150,000 but less than $300,000. QUALLF ICAT IONS.: Grade 10 e~ucation or acceptable equivalent of aca~encL¢ ~ra£n/ng and experience. 2.A minimum o~ five years' experience ~ stockroom operations, preferably with supervisory .exper~n¢:e. 3. Supervisory ability; ability to initiate or maintain all neede~ stockroom records: goo~ physical co~r~i~ion~ personal ~uitability. P, ev L s ed October, 1964 'f CL~.RK 6, SUPPLY CLAS~ DF. FINITION: This class covers the positions of employees who, under general supervision, are responsible fo= the operation of a large stockroom with five to nine subordinates. They ensure t_he careful checkhng of incoming stock, the shipment of stock against authorized requisitions and t. he neatness and securi=y of the stockroom. They decide minimum ~aximumrequiremen%m$ requisition Supplies; maintain a perpetual in- ventory and complete stock ledger records; prepare reports of =he operation for ~he supervisor. Their responsibilities often include ~upervision of the departmental printing and mail and messenger services. This class also covers t. he posit/uns of supervisors in charge of a centralized stockkeeping opera~ion in Ontario Hospi~als of over five hundre4bed capacity. This class covers the positions of supervisors in reform institu- tions in charge of centralized stockkeeping operations with an annual stock turnover value of more ~han $300,000 and less than $900,000. qUALIFICATIONS: 1. Grade 10 edu=ation or an acceptable equiw, alen% of training and experience. . 2. A minimum of six years~ stockkeeping experience or technical experience in the area ~ supplies handled, including supervisory responsibility. , 3. Supervisory ~bili=y; ability ~o initiate or maintain needed stock- room records; good physical condition; personal suitability. , Rsvised, 0c=ober 1964