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HomeMy WebLinkAbout1991-0318.Cox.92-01-08 ONTARIO EMPLOyC~s DE LA COURONNE CROWN EMP[- 0 YEE$ DE L'ON TA RIO GRIEVANCE C,OMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNOA.S STREET WEST, SUITE 2100, TORONTO, ONTARIO. MSG [Z8 TELEPHONE/TELEP.qONE. (4 :5~ f12S-~388 180, RUE DUNDAS OUEST, EIUREAU 2100, TORONTO [ONTARIO). M5G 1Z8 FACSI~ILE,'TEL~cOP~E (4 ~5~ 32S-~39E, 318/91 IN THE I~TTER OF P,N~ITI~TION Under THE CROWN EMPLOYEES COLLECTIVE BHRGHINING HCT Before THE GRIEV~NCE BETTLEMENT BO~D BETWEEN CUPE 3096 (Cox) Grievor &nd - The Crown in Right of Ontario (Ministry of Housing) Employer BEFORE: M. Gorsky Vice-Chairperson I. Thomson Member D. Clark Member FOR THE J. Lynd GRIEVOR National Representative CUPE 3096 FOR THE C. Peterson EMPLOYER Counsel Winkler, Filion & Wakely Barristers & Solicitors HE~RIN~: August 17, 1992 DECISION GRIEVANCE The Grievor is employed by the Hamilton Wentworth Housing Authority, and during her over twenty years of employment has worked mostly in the Tenant Placement Office as a Tenant Placement Officer. On June 15, 1990, she filed a grievance (Exhibit 2) claiming that she had been improperly classified as an ADM-G-08, and that she should be re-classified as an ADM-G-10, retroactive to July 1, 1989. BACKGROUND Three collective agreements were filed as exhibits, all of them made between the Ontario Housing Corporation and all Housing Authorities as the Employer and the Ontario Housing Corporation Employees' Union Local 3096, Canadian·'Union of Public Employees, as the Union, the first one (Exhibit 1) being from January 1, 1988 to Decembers31, 1989, the second one (Exhibit 3) being from January 1, 1990 to December 31, 1991, and the third one (Exhibit 4) being from January 1, 1992 to December 31, 1993. There are approximately 56 housing authorities located in the province of Ontario covered by the collective agreements, from Windsor in the south to Red Lake in the north and from the Manitoba border on the west to Cornwall in the east. The Housing Authorities have anywhere from two to 270 employees, and the 2 bargaining unit in the case before us is made up of all 'of the ~mployees of the Ontario Housing Corporation and of all Housing Authorities in the province of Ontario employed outside of the Municipality of Metropolitan Toronto, except for persons who are not employees within the meaning of clause (f) subsection 1 of section 1 of the Crown Employees Collective Bargaining Act. Of the approximately 1150 employees who are members of the bargaining unit, approximately 700 are classified as being part of the Maintenance Group and approximately 450 are classified as being part of the Administrative Group. Prior to July 1, 1988 there was no recognized system for classifying employees in the bargaining unit. Appendix C (ii), attached to and forming partof the collective agreement from January 1, 1988 to December 31, 1989, is a letter to the then president of the Union, Mrs. J. Chrysler from V. Oster, Manager, Staff Relations (Acting) which is as follows: Re: New Classification System for Bargaining Unit Employees of All Provincial Housing Authorities (excluding MTHA) This will confirm our recent discussions and agreement on the above-noted matter. As discussed, the Parties agree to implement a new classification system .which is described in the Classification Standards Manual for Provincial Crown Bargaining Unit Employees, Administrative and Maintenance Groups. This Manual was agreed upon on May 2, 1988 with the following amendments: 3 a) Change the title and other relevant references to read Administrative Group and Ma.[ntenance Group. b) Delete the classification standard of Janitor which appears in the Maintenance Group section. In addition, as discussed: 1) We will ensure that the Housing managers are informed through bQth correspondence from senior Ministry management and through training seminars on How to Prepare Position Descriptions. 2) We will strongly indicate the need to ensure that the job description reflects not only the Housing Authority's right to determine job content but also the actual duties performed by the employee involved. 3) It will be emphasized that it is essential to have the employee's input: a) in preparing the job description; and b) prior to the job being submitted for classification. 4) The parties agree that for implementation of this classification system only, the Ministry of Housing,. Human Resources Branch will be responsible for classification of the job descriptions submitted by the Housing Authorities. 5) The union will' receive copies of all job descriptions prepared in order to implement this classification system. As agreed, the effective date of implementation is July 1, 1989. In addition, in order to implement this classification system, it will also be necessary for the parties to negotiate wage scales for the new classes in the Administrative Group reflected on Page 6 of the Classification Manual (AG-I through AG-II inclusive). We are prepared to meet in June, 1989 to negotiate the pay scales and we will be forwarding our proposed wage scales in the near future. 4 On behalf of the Ontario Housing Corporation In the collective agreement from January 1, 1990 to December 31, 1991 (Exhibit 3) the same letter appears as Appendix C, at page 47, and it is under this agreement that the grievance was filed. The Manual referred to in the above noted appendices, (Exhibit 5) is entitled Classification Standards for Provincial Crown Bargaining Unit Employees and it contains the classification standards for the Administrative Group of which the Grievor is a member. The classification standards have been developed on the basis of a Factor Point Rating plan. At page 2 of Exhibit 5 the followin9 statement appears: INTRODUCTION These standards use a point rating plan to aid in evaluating a heterogeneous range of positions in the Administrative Group. Point rating is an analytical, quantitative method of determining the relative level of positions. This point rating plan uses compensable factors which are common to the positions in the group. The plan defines several levels for each factor and establishes a point value for each level. The total point value for a position is the sum of the points corresponding to the levels of each factor as allocated by the classifier. Different positions with similar total point scores may have different "profiles" of factor levels. The total point value determines the classification level of the position. It is the position's requirements, as stated on the Position Specification form, that are evaluated, and not the particular qualities of the individual incumbent(s). 5 COMPENSABLE FACTORS Six compensable factors have been selected for use in the evaluation of all the positions under this plan. While these factors may not describe every aspect of the position being evaluated, they deal with those major characteristics which can be defined, distinguished and measured in determining relative values of positions. The six factors used in the Plan are: knowledge, Skill, Judgement, Accountability, Group Leadership and Community Leadership; these are defined in a following section. POINT VALUES Point values increase as the level of each factor increases. Group Coequality Know- Judge- Account- Leader- Leader- Factor~: ledge Skill ment ability ship ship Level 1 40 15' 55 55 20 10 2 85 45* 115 115 50 - 3 135 95* 180 180 - - 4 190 140' .... * Plus points for technical skills where applicable ~kO_~: It is possible that combination .Df added technical skills'could result in a total score higher than 800.. In this event the total score would be considered to be 800. The compensable factor in issue'in the case before us is that of "Judgement." At p.3 of Exhibit 5, there is an explanation as to the way in which the standard is to be used. USE OF STANDARD The following steps are to be taken in applying the class standards: 6 (i) Study the position specification in its entirety to gain an understanding of the position as a whole. This should include a consideration of the organizational structure and location in which the position exists. (ii) Determine that the position meets the criteria of the Administrative Group. This requires reference to the group definition and the description of exclusions. (iii) Working from the lowest level, compare each factor in the subject position with the factor level definitions at each successive level until a "match" is identified. (iv) Review comparisons also with level definitions above and below the ones tentatively established for each factor. Note that, while few "match" precisely with any one level description in a factor, the use of a "best fit" approach should enable an allocation at the appropriate level (see definition of "best fit", following). (v) To appreciate more fully the relationship of the factor/level definition to a whole job, comparisons should be made to relevant Example Positions. These have been included in the Standards to exemplify the levels and to illustrate relationships among factors (see explanation of "Example Positions", following). (vi) Add the point values for each factor level selected to determine the total point value. One of the issues between the parties relates to the way in which para.(iii) at page 3 under the "Use of Standard" was applied by the Employer. The Union's position is that the judgement factor should be placed at level 3 rather than at level 2 where it is now assigned. The definition of "best-fit" is found at p.3 of Exhibit 5, and is as follows: 7 "BEST-FIT" APPROACH TO EVALUATION This approach is employed when a position meets the series inclusion criteria but either: - cannot be readily related to specific statements in the factor level definitions; - can apparently be related to more than one statement at more than one level, and does not fully relate to any one level definition. The method of dealing with the problems outlined in the "best- fit" approach to evaluation are set out at p.4 of Exhibit 5: Faced with the first problem, the evaluator must apply all available evidence related to the position in question and after interpreting it in terms relevant to the level descriptions eliminate those levels which are clearly not appropriate, e.g. in terms of Judgement, the position is clearly neither at level 1 (too weak) nor is it at level 3 (too strong): the evaluator then "best- fits" the position in terms of Judgement at level 2. Faced with the second problem, the evaluator should be guided by the following considerations: The position should receive the benefit of the doubt and be assigned the higher evaluation level only if the higher level requirement is significant and critical to the functioning of the position. Determination of a "significant and critical" requirement involves evaluation as to whether a position would be~ substantially changed in character if the requirement was to be eliminated. In general terms, a requirement is generally considered to be of less significance in job evaluation terms if the requirement does not occupy a significant portion of time in the work week, i.e. at least 25% of the normal work-week. As a general rule, minor .or occasional "higher" level requirements should not result in an evaluation higher than that which would otherwise have been made. (Empasis in original;) 8 The "Example Positions" referred to in para. (v) Use Of Standard in Exhibit 5 are found at pp.4-5: Example Positions Why Example Positions are included: - To exemplify the level of the various factors and thus assist the evaluator's understanding. - To illustrate the evaluation process as it is applied to the whole position. Only by reference to the Examples can one see the overall relationships among the compensable factors. There is generally a balance between a position's input requirements (Knowledge, Skill) and output requirements (Judgement, Accountability). The Examples exemplify some of the variations possible. - To illustrate the application of the various levels of the Factor Standards in working situations. Str~cture of the Example Positions Each Example Position is described in terms of: - statement of purpose, - sugary of duties and responsibilities, - descriptive analysis of each of the compensable factors, i.e. Knowledge, Skill (Core and Technical), judgement, Accountability, Group Leadership (where applicable) and Community Leadership. Each position has been evaluated factorially and the relevant point values assigned have been shown. How to Use the Examples NOT~; For evaluation purposes, primary significance is attached to the factor level definitions. The Examples are designed to supplement the factor level definitions, and should be used to obtain an improved appreciation of the meaning and intent of these definitions. In no instance should a factorial description in an Example be used to support an evaluation which is not generally supported by the factor level definition. (Emphasis in original.) 9 The Determination Of Class Level is found at p.5 of Exhibit 5: The total value of job evaluation points assigned to the position determines the class level to which the position will be allocated. Positions which fall within a designated range of point values will be allocated to the same classification level~ At the lower levels, smaller point differentials between class levels have been established to recognize smaller differences, primarily the presence of various technical skills. At the higher levels, where technical skills are relatively less significant, larger point differentials are used to recognize significant differences in the more senior responsibilities. The Class And Point Bands for the various levels as they relate to the AG Class, set out at p.6 of Exhibit 5, contain 11 classe~ from AG-1 to AG-11. The Point Band with respect to the AG- $ class is 460-524, and that with respect to the AG-9 is 525-599, and that with respect to AG-10 is 600-699. Commencing at p.7 of Exhibit 5 are the various Factor Definitions which are applicable to establishing the Point Band. In the case before us, it was agreed that the only factor that we should consider was "judgement." The relevant portions of Exhibit 5 dealing with this factor are found at pp.17-18 under "Factor Definition/Judgement", where the Manual states: The "Judgement" factor is used to measure that requirement of a position for: - the evaluation and/or assessment of conditions which arise during the course of the work performed, and the making of the appropriate decisions. 10 Factor Composition The factor is composed of three increasing levels of "Judgement" which are defined by: - the (increasing) variety/complexity of conditions/situations requiring decisions; - the (decreasing) availability of procedures, guidelines and advice. The appropriate level of this factor is determined by comparing the typical requirements of a position for making judgements/decisions with the above definitions and making the allocation on a "best-fit" basis. Factor Glossary Supervision: The position consists of tasks covered by clearly defined requirements. Supervision is available for resolving difficulties in completing work or for matters not covered by the established requirements. General Supervision: The position has duties and responsibilities covered within a framework of guidelines and requirements and calling for considerable functional independence in the completion of assignments. Practices: The customary action taken in meeting the demands of the situation; the usual way of doing something. PrQcedures: A series of known steps to be followed in a regular definite order. Standards: Specific requirements against which work can be measured for quality and quantity. Criteria: Specific requirements against which actions can be assessed for appropriateness. Routine: Commonplace or repetitious, in accordance with established procedures. Comprehensive: Covering completely or broadly. Guidelines: Indications or outlines of policy, conduct, methods, procedures. Precedent: Something said or done earlier that may serve as ~n example or rule for subsequent similar actions. 11 Administrative Directive: An authoritative in:~truction or order issued by a high level body or official. Policy: The organization's approved course or method of action to guide and determine present an.~ future decisions. The Grievor was assigned by the Employer to level 2 upon a consideration of the "judgement" factor, and the Union claims that she should have been properly assessed at level 3. At p.19 of Exhibit 5, the levels with respect to judgement are as follows: 1 Decision-making involves determining whether materials/data procedures conform with established criteria/standards of selecting minor variations in work procedures and sequence of tasks. Tasks are often repetitive. 55 Work assignments, accompanied by detailed procedures, are carried out under supervision or are self-checking. PTS. Any matters not covered by procedures or instructions are referred to the supervisor. 2 Decision-making involves selecting the most suitable procedures/methods within comprehensive guidelines and precedents. 115 Work assignments , accompanied by general procedures, are carried out under general supervision and normally are subject to only limited checking by~ supervisor or others upon completion. PTS. The employee solves routine work problems, seeking advice if needed and referring to the supervisor unusual matters not covered by established procedures and guidelines. 3 Decision-making involves selecting from a wide range of choices of .action the best approach to accomplish assigned objectives. 180 The employee is frequently required to .knterpret policy and administrative directives and to adapt procedures/methods to resolve on-going difficulties and work problems. 12 PTS. The employee is expected to make all work-related decisions, referring to the supervisor only matters that deviate radically from established guidelines or policy. Exhibit 6 is a memorandum of settlement, dated February 23, 1989, made between the Ontario Housing Corporation and all housing authorities as the Employer and the Union: Classification System - New Wage Rates Pursuant to Appendix C(i) and C(ii) of the Collective Agreement, the parties agree to the following terms and conditions as full and final settlement of the above- noted matter. 1. The wage rates (as attached) to be implemented in conjunction with the new classification system, effective July 1, 1989. 2. Where a position is reclassified to a class with the same maximum salary, the employee who occupies the position on July 1, 1989 shall be paid the rate that is closest to, but not less than, his/her current rate. 3. Where a position is reclassified to a class with a higher maximum salary, the employee who occupies the position on July 1, 1989 shall be paid at the rate that is closest to, but not less than his/her current rate. 4. For the purpose of the implementation of this plan where a position is reclassified to a class with a lower maximum salary, the employee who occupies the position on July 1, 1989 shall retain the actual salary range of his/her former class in effect on June 30, 1989, and will remain at that salary range until the salary range of the new classification exceeds the maximum of the salary range of his/her former classification. The parties further agree that only those employees in the classification of Community Relations Officer, shall receive an additional 10 points toward their total point value under the new classification system, in recognition of community leadership. It was agreed that the system was not implemented until November of 1989 as the process had not been completed in July of 1989. Of the 450 positions classified under the new system, 370 were satisfactory to the affected employees. The remaining 80 cases, where the affected employees were not satisfied with the original classification assigned, were the subject of an informal appeal process, and 40 cases were satisfactorily resolved during that process. The remaining 40 employees who were not satisfied with their classification filed grievances. Thirty-six of those cases were resolved during the grievance procedure. The Union applied to have the remaining four cases referred to arbitration, and this is one of those cases. As a result of the implementation of the new classification system, the Grievor was placed in the Administration Group 8 classification effective July 1, 1989, the class code being ADM-G- 08, as set out in Exhibit 7, being a memorandum, dated February 3, 1990, from D. Monument, Human Resources Advisor, Human Resources Branch, Ministry of Housing, to R. Farrell, General Manager, Hamilton Wentworth Housing Authority which stated: As a result of a revised job description and other information provided for the above position the responsibilities were re-evaluated resulting in the following classification: 14 Classification: Administration Group 8 Effective Date: July 1, 1989 A copy of the final specification for this position is attached for your records. The original class allocation for the Grievor was Administration Group 7, class code ADM-G-07. It was the position of the Union that, at the time of the filing of her informal grievance, the Grievor was an AG-8, and at that time the Union did not have available to it the formal job classification system contemplated by the collective agreement. By letter dated February 1, 1990, the Union sent a letter to all bargaining unit employees (Exhibit 8), which is as follows: RE: Job Evaluation Appeals Update Late last fall when OHC implemented the new "AG Classification System", many bargaining unit employees were exceedingly concerned with the results for a number of valid reasons, including but not limited to the following: 1. Little or no training was given to Housing Authorities Management to complete the task. 2. Little input was received from the employee concerned in preparing the job descriptions (in some cases no input at all). 3. The job description form was changed after the employee had submitted it and the employee was not made aware of the changes before submission to the Ministry of Housing, Human Resource Branch for classification. 4. In some cases employees were advised there was no right of appeal at all. 15 In light of ~he confusion caused by this and in an attempt to rectify this situation, the Union suggested that your concerns be reduced to writing and forwarded to the Union to see if we could get the appeal procedure in motion. In addition to forwarding your concerns to the Union, many of you sent your concerns to yc. ur local Housing Authority Manager in an attempt to get satisfaction at that level. Upon receipt of your concerns and requests for an appeal, in December the Union met and explained the situation verbally to the Ministry. of Housing, Human ]Resources Branch and also forwarded your written requests for appeal to that branch, Since that time the Human Resources Branch has been able to deal with all requests for appeal that were submitted by an employee both to the Union and to the local Housing Authority. The employee's comments along with comments from the Housing Authority Manager have been evaluated and in many cases a higher AG level has been assigned resulting in a higher rate of pay - in some other cases the appeal procedure has confirmed the current AG rate. For these employees who were not upgraded the grievance procedure is another possibility (more about this further in this letter). Unfortunately, Human Resources Branch has not dealt with the requests for appeal that were submitted ONLY to the Union in that they do not have any comments to refer to from Management regarding the appeal. To afford everyone the same opportunity of appeal, the Union requests that any '~f you who have not. already submitted a request for appeal t~ your local housing Manager do so immediately. Your Housing Authority will then submit your concerns and any concerns they have in writing to Mr. Don Portoghese, Senior Human ]Resources Advisor, Human Resources Branch in Toronto, who will have your position re-evaluated. Our hope is that in most cases positive results will be achieved. This will be completed as quickly as possible. W~at happens then??? For those of you who have already submitted your appeal and it has been denied and for those of you who will be submitting your appeal in the near future and it is denied, the Union is prepared to file a grievance on your behalf if you so desire. In order to expedite this matter the Union and OHC have agreed to the following process to handle reclassification grievances: 16 1. Any employee wanting to file a grievance shall advise the Union in writing at its Toronto address, including your current home address and phone number and as much information as possible justifying the grievance and what AG level they are proposing they be reclassified to. 2. A standard grievance form will be completed by the Union office and returned to you for signature on all three (3) copies. 3. The signed grievance will be returned by you to the Union for submission at Step #3 (the grievance will be heard by someone in Human Resources familiar with the reclassification process). Commencing the grievance and procedure at this Step rather than Step #1 will considerably speed up the process. 4. Grievances will be heard geographically by region commencing in the spring. Any reclassification and resulting upgradings will be retroactive to July 1st, 1989. 5. Everyone filing a grievance will [be] advised regarding a hearing date once a date had been set and also if any further information is required to strengthen your grievance. If you have any questions or comments, please send them to me in writing. On May 10, 1990, a further memorandum was sent by the Union to all bargaining unit employees (Exhibit 9): Re: Job ~valua~ion App~al~ Update Further to my letter of February, 1990, please be advised of the following: 1/ The Union has been notified from the Human Resources Branch of the Ministry of Housing, that all appeals for Job Classifications will be completed and returned to the Employee by May 31st, 1990. 2/ After receiving the appeal, any Employee who is still not satisfied with their Job Classification, has the right to grieve. However, the deadline for the grievance procedure (as outlined in my previous letter) is June 15th, 1990. 17 3/ Any grievance filed ~fter June 15th, 1990, will be done so according to the process outlined in the collective agreement. If you should have any questions, please contact your Steward or Chief Steward and they in turn may contact me through the Union office. It was acknowledged that the Grievor filed her grievance in time. Exhibit 10 is a letter dated December 9, 1991, from D. Portoghese, Senior Human Resources Advisor, Human Resources Branch of the Ministry of Housing to the Grievor concerning the disposition of her grievance, as a result of which she became classified as AG-9, effective July 1, 1989. It was the position of the Union that the judgement factor should have been'assessed at level 3 rather than level 2, and if this had been done, her point total would have led to her being classified as an AG-10. Exhibit 11 is the most up-to-date class allocation form with respect to the Grievor's position and it contains a complete factor analysis, which the Employer relied upon as supporting its evaluation as set out in Exhibit 10. We were informed by counsel for the parties that the case before us was one of first impression. 18 It was the position of the Employer that applying Exhibit 5, the placement of the Grievor at the 2 level for judgement represented an "almost if not perfect fit." EVIDENCE Evidence of the Grievor The Grievor testified that: 1. As a Tenant Placement Officer she has the responsibility for allocating vacancies and new non-profit units from either a Priority List of applicants or from a steadily growing transfer list to meet specific deadlines and to avoid financial and vacancy losses. 2. She deals with vacant Housing Authority, Rent Supplement, Non- Profit and Co-operative units on the basis of receiving tenant termination ("MOT notices") and tenant files from project managers, either as single notices or in groups. 3. She may be involved with approximately 5300 units. 4. Exhibit 11, being the Grievor's position specification contains a list of her duties and responsibilities, which she did not disagree with: 3. Duties and related tasks 19 1. Allocates vacant Housing Authority, Rent Supplement, Non-Profit and Co-operative units to suitable applicants by: - receiving tenant terminations (MOT notices) and tenant files from project managers or Non-Profit groups, selecting applications from appropriate sections of the Priority List or from the Transfer list, and determining the most suitable for vacancies based on special priority (includes battered women), points, special housing needs (modified or one floor plan unit), area, type and density of project, size and type of unit, and portfolio requirements. - offering units in writing or by telephone to selected applicants or tenant transfers, following up by telephone as required, and referring prospective tenants to the appropriate Project Manager, Rent Supplement landlord, Non-Profit or Co-operative contact person to view offered units. - requesting up to date income verification as required and calculating rent for new tenants according to a variety of complex, often vague and sometimes conflicting guidelines and rent scales. 75%- Negotiating occupancy dates in order to fill vacancies with no monetary or time loss - Advising applicant of new dual rent situation policy (if necessary); advising Project staff whether a rent forgiveness is required, per new HWHA policy directives; - preparing appropriate docu~nentation in order that a lease may be typed. - preparing related computer input forms for new tenant set-up on OFIS and on internal weekly and monthly Activity reports. - maintaining complete records and follow-up procedures until vacancy has been filled, including discussions with Project Managers and other staff re. [u~nit~ on hold, not ready, overholds, etc. - advising accounts department regarding change or responsibility dates on MOT forms in cases of early re-rent, preparing computer input forms to debit or credit tenant account when necessary, or to delete a set-up in the event of a new tenant not taking occupancy or in the case of an overhold. 2. Provides general information to applicants, agencies and staff by: 15%- responding to enquiries regarding eligibility guidelines, applicant status, tenant placement and transfer policies and procedures. 2O - Refers applicants and tenants to appropriate agencies regarding availability of services, financial assistance to which they are entitled. 3. Performs other related duties such as: - maintaining approved applications on file, updating as required, and also maintaining a list of approved tenant transfers. 10%- participating as a member of 'the Transfer Review Committee at monthly meetings to review the validity of tenant transfer requests. - advising tenant placement supervisor as to the accuracy or otherwise of monthly vacancy loss printouts. - performs other duties as assigned. 4. Skills and knQ~edge required to perform job at full working level Extensive knowledge of OHC and Housing Authority policies and procedures relating to tenant placement, rent calculations, and transfer criteria in order to effect appropriate placements by set deadlines, set initial tenant rents, provide information and answer queries from applicants, tenants, agencies, project staff, CRW's, and members of the general public. Good knowledge of social assistance programs (FBA, GWA), government pension plans (Old Age Security, Spouses Allowance, GAINS, DVA, CPP). Familiarity with common medical terms (claustrophobia, acrophobia, cerebral palsy, muscular dystrophy) in order to facilitate appropriate and sometimes specialized placement of applicants and transfer of tenants. A working knowledge of certain sections of the Landlord and Tenant Act in order to discuss proper notice~ with applicants/prospective tenants. Ex~ellent communications skills and organizational ability are required in order to appropriately allocate units (including over 900 difficult to rent bachelor apartments) and to set own priorities to prevent vacancy losses. Tact, flexibility, and good judgement are required to deal courteously, yet assertively with applicants from different cultures and ethnic groups who may not be fluent in English, their interpreters, clients who have psychological difficulties and are upset, irate, and often under stress. Ability to use some "gently persuasion" in order to rent units which applicants feel are not up to their requirements/standards/desires. The position requires the ability to operate an electric typewriter to meet government standards, calculator, and photocopying equipment. 21 5. Selecting the person to whom an offer of an allocation will be be made is not a straight-forward matter. For example, she has to be familiar with certain priorities given to a number of different categories. For example, she noted that abused women have priority over most other classes of persons seeking accommodation who have more points. 6. There may be 20 persons with the same number of points and she has to examine each of their areas of preference and eliminate some of them. 7. In many cases she has to match an applicant to the available accommodation, and sometimes points have to be balanced against the suitability of the accommodation for an applicant. 8. On an ongoing bases she has to upgrade a survey of accommodation. 9. She has to be aware of situations where tenants might be "over housed" and attempt to transfer them to more appropriate accommodation. By way of example she referred to a situation where a three-bedroom unit with a one-floor plan might be made available to a disabled applicant by arranging for the transfer of the "over housed" tenant. By continu~Lng to be aware aware of the special needs of applicants and existing tenants, she is in a position to deal with two problems at the 22 same time: obtain accommodation for a handicapped person and an abused person. 10. Expanding upon her role in determining the appropriate rent scale for a unit, she referred to a number of areas that she has to be aware of such as family status, age (senior citizen etc.) or the status of an applicant receiving Family Benefits or General Welfare Assistance. 11. Offers to tenants are usually made in letter form under the signature of her manager (Ms. Bradford). She is responsible for preparing the letter, which Ms. Bradford does not see. The letter is in a standard form in which the she fills in information: number of bedrooms, availability date, rent, inclusions for rent. 12. In ascertaining whether an applicant wishes to accept the accom]~odation, advice may be given on such matters as a tenant's obligation under the Landlord and Tenant Act with respect to notifying the previous landlord. 13. ~Where problems arise because notice cannot be given to the previous landlord so as to coincide with the anticipated occupancy date, she discusses the possibility of rent forgiveness so that the applicant will not have to pay double rent after moving into the offered accommodation. 23 14. She referred to situations where an offer is g~ven to an applicant following which information is received from the project staff that the outgoing tenant will not be moving out in the absence of a writ of possession. In those circumstances, she has to deal with the problem. In some circumstances the applicant is told that the offer has to be withdrawn, and that the next availabl~ unit would be allocated to him/her. In such cases she exercises her judgement by not sending an offer to another applicant, who would otherqwise receive it, but offers that unit to the applicant whose unit has ceased to be available because of the actions of the outgoing tenant. 15. In an average month, she deals with approximately 80 vacant units and she was the only person performing the tenant placement function. 16. If she has to be absent for up to a week, her job would not be performed by anyone. The switchboard operator might take messages from persons with whom she might be involved. When she was on vacation, someone would be brought in to assist in carrying out her functions. 17. She emphasized that she made decisions as to the more suitable applicant not on some mechanical numerical point system, but tarried'out the policy of the Employer based on a desire to 24 upgrade certain projects. This might diminish the weight of an applicant's raw point score. 18. She might refer a work-related decision to her supervisor on two or three occasions a year, because if she discussed every work-related decision with him she would constantly be in his office. An example of a work-related decision requiring the interpretation and application of policy was the case where an applicant refused a unit when it was offered. The Emloyer's policy is to allow an applicant to receive only two offers of accommodation. However, where a valid reason for refusal is given, the offer is not counted, and she applies policy considerations in deciding whether an excuse is valid. 19. In cross-examination, she referred to rules relating to tenant placement which were available to her, along with other policy documents, memos etc. which impact on the manual that she resorts to. She also referred to a tenant placement binder containing policy, rules, procedures, regulations on almost every matter pertaining to tenant placement. Although, as she put it: "There was a piece of paper on almost everything," it was not always easy to know which statement was applicable to a particular case, and considerable leaway exists for the exercise of discretion with respect to matters referred to in the manual. 25 20. While acknowledging that for her to deviate from guidelines required her supervisor's approval, she indicated that she first had to decide which guidelines were applicable. By way of example she referred to the Ontario Housing Co~poration guidelines, verbal guidelines given to her, and guidelines of the Hamilton Wentworth Authority. Sometimes the guidelines overlapped and she had to decide which guideline seemed most suitable. 21. In cross-examination, she acknowledged that a notice of vacancy received by her should contain all of the necessary information required by her, such as the name of the person reporting the vacancy, date of the report, tenant account number, project name, street name, availability date, vacation date, date of responsibility for unit, termination date, description of the unit and what it contains, the name and address of the outgoing tenant, rent charged, reason for leaving, who the unit was offered to (together With particulars), income source, income amount of the person to whom the unit is offered. 22. She denied a suggestion put to 'her in cross-examination that she visited her supervisor Mr. Fotheringham once or twice a week to discuss problems faced by her. She kept him informed about certain matters that arose in the course of her'carrying out her responsibilities, but she did not regard this as a 26 discussion. As an example, she referred to her informing him of a case where she had three refusals of an offer of a three- bedroom detached unit located on Hamilton Mountain, which refusal she regarded as unusual given the nature of the accomodation. In her view, she kept her supervisor informed of the status of some of her cases, but she was not required to report in any more detailed fashion. Her infrequent reporting was for the purpose of showing him that she was "on top of things" and doing a good job. 23. It was put to her in cross-examination that her supervisor could correct her work if he found errors in it. She disagreed, testifying that he couldn't know if there was an error unless he did a complete review of her work performance, which she believed was not the case because of the volume of such work. 24. She acknowledged that she had, on occasion, attended on her supervisor to obtain guidance on certain matters not covered by policies available to her. She referred to situations where there was a need to depart from existing policies. EVIDENCE OF THE EMPLOYER Evidence of Mr. B. Fotheringham 27 Mr. Fotheringham testified that: t. He had been employed by the Hamilton Wentworth Housing Authority for approximately nine years, and supervised the Grievor. 2. He had performed the same job as the Grievor as a Tenant Placement Officer for approximately six years for the Metro Toronto Authority. 3. He reviews reports on the Grievor's activities on an ongoing basis. He specifically referred to Exhibit 13, being the weekly activity report showing particulars asked, the category of the premises, the project, the street address, bed size, vacating tenant, reason for termination, date received, date available, date rented, reference, name of new tenant, points, income, and placement on the P-Scal. Other reports referred to, which were used by him in supervising the Grievor, were the monthly family vacancy ~eport issued by the Tenant Placement Department (Exhibit 14), priority list data CHUMS input (Exhibit 15). The latter document breaks down the applicant category into households with dependents~ showing the various types of accommodation, e.g. two bedroom, three bedroom, four bedroom, five plus bedroom, senior households and the breakdown between one and two bedroom units, households without dependents and the breakdowns between one, 28 two and three plus bedrooms and applicants requiring support services including developmental handicaps, physical handicaps and psychiatric handicaps. Numbers of new applicants are shown along with cancelled applications, turnover of those housed in new units, status change, size of active priority list in the current month with respect to each category broken down into these kinds of units, unvisited applicants and the point range of visited applicants in each category. By reviewing the figures contained in the various documents relating to activity, he is able to assess whether the Grievor's performance is adequate. 4. He meets~with the Grievor on an informal basis about once or twice a week. These meetings are not scheduled but he maintains an "open door" policy. These discussions are not very detailed, and he acknowledged that these meetings serve the purpose of showing that the Grievor was "on top of the job." He could not think of a situation where there was no existing policy, but added that if there was none then it would have to be devised. 6. In his view, neither the Grievor or himself were involved in the interpretation of policy. 29 7. Approximately once every two weeks the Grievor might speak to him about a problem experienced with an applicant who persisted in turning down offers. In such a case, he might speak to the applicant. 8. He does not make policy. When a situation arises where no policy exists, the matter is turned over to Ms. J. V. Bradford the Tenant Placement Manager. Reference was made to Exhibit 16, comprised of a series of memoranda from Ms. Bradford setting out a number of new policies to be followed which had not been covered previously. In cross-examination, he said that input could be received from any employee, but the final establishment of policy was made by Ms. Bradford. ARGUMENT ON BEHALF OF THE UNION t. Reference was made to the statement at p.4 of Exhibit 5 under the heading Example Positions, and particularly to paragraph 2 which includes a statement that "There is generally a balance between a position's input requirements (Enowledge, Skill) and output requirements (Judgement, Accountability)." (Emphasis in the original.) It was submitted that as the Grievor obtained level 3 in the areas of knowledge, skill and accountability, and was at level 2 only in the area of judgement, in order to achieve'the "balance" referred to, he 3O should have been placed at level 3 in the area of judgement, as well. 2. Reference was also made to the instructions as to the use of the standard, set out at p.3 of Exhibit 5 and particularly to paragraphs (iii) and (iv). It was submitted that employing the "best-fit" approach, that the Grievor's use of judgement was at the level 3. 3. Counsel referred to Exhibit 5 which contains 15 example, two of which were placed at'level 3 in the area of judgement: Senior Accounts Clerk - Example 5 and Community Relations Worker - Example 10. ARGUMENT OF THE EMPLOYER 1. It was submitted that paragraph (iii) at p.3 of Exhibit 5, dealing with the use of the standard, required that each factor be reviewed on its own merits and that the total points derived from the use of this method determines the classification of. the particular employee. 2. It was submitted that in following the directions on p.3 of Exhibit 5, and working from the lowest level, once the comparison provided for in paragraph (iii) had been carried out and 'a match obtained, the evaluator was required to employ 31 that matching level, subject to a check being carried out, as provided for in paragraph (iv), and that the "best-fit" approach would only be employed when the tentatively established level: "cannot be readily related to specific statements in the factor level definitions" or "can apparently be related to more than one statement at more than one level, and does not fully relate to any one level definition." In the case before us, it was submitted that there was no need to resort to the "best-fit" approach. 3. It was submitted that there did not have to be a perfect balance between a position's input and output requirements and that this could be seen by examining the examples which were said to bear-out the conclusion that this was the case. DISCUSSION . 1. The difference between the parties concerning whether the Grievor should have been placed in level 2 or 3 upon a consideration of the judgement factor did not involve a challenge by the Union on the Employer's right to create Exhibit 5. Rather, the difference relates to the proper interpretation of language found in that exhibit. 2. We are satisfied that the provision found at p.4 of Exhibit 5, that: "There is generally a balance between a position's input 32 requirements (Knowledge, Skill) and output requirements {Judgement, Accountability)" does not require a perfect balance. This is made clear when reference is made, following the last quotation, to: '"The Examples exemplify some of the variations possible," which examples do not show a perfect balance between the position's input and output requirements. This view is also supported by the language found at p.2 of Exhibit 5, which states: "Different positions with similar total point scores may have different 'profiles' of factor levels. The total point value determines the classification level of the position." 3. There was no dispute between the parties as to the Grievor falling within the Administrative Group, and we find that the Grievor falls within that portion of the Group definition found at p.l: The direct applicati.on of rules and regulations in accordance with established policies and guidelines in order to determine eligibility, compliance, investigate situations or provide a service. The Grievor would also fall within that portion of the definition: The preparation, collection, transcription, recording, maintenance, examination, verification of records, .reports, information and communications by manual or electronic processes including the operation of equipment such as typewriters, dictating machines, word processors and computer terminals. 33 4. We heard a good deal of evidence concerning the position's requirements, which were apparently intended to flesh out the position's requirements as stated on the Position Specification form. We observe that in the introduction to Exhibit 5, at p.2, there is a statement: It is the position's requirements, as stated on the Position Specification form, that are evaluated, and not the particular qualities of the'individual incumbent(s). Consistent with this is the instruction, found at p.3 of Exhibit 5, relating to the "use of standard". The first step to be taken in applying class standards requires a: "study fof] the position specification in its entirety to gain an understanding of the position as a whole. This should include a consideration of the organizational structure and location in which the position exists." 5. The second step, found at p.3 of Exhibit 5, dealing with the use of standard requires a determination: "... that the position meets the criteria of the Administrative Group. This requires reference to the group definition and the description of exclusions." It is clear from the group definition that the Grievor falls within the Administrative Group, and in any event, the parties stipulated that this was the case. 6. The third requirement in using the standard, set out at p.3 of Exhibit 5 is: Working from the lowest level, compare each factor in the subject position with the factor level definitions in each successive level until a "match" is identified. It is evident that the use of the term "match" in the third step set out in the use of standard, found at p.3 of Exhibit 5, does not mean a perfect match. This is clear from an examination of the fourth step in the use of the standard: Review comparisons also with level definitions above and below the ones tentatively established for each factor. Note that, while few "match" precisely with any one level description in a factor, the use of a "best-fit" approach should enable an allocation at the appropriate level (see definition of "best-fit", following). 7. The fourth step required after a "match" is identified under the third step. In the language of the fourth step, it is made clear that an examination of the level definitions above and below the ones tentatively established for each factor may disclose that the "match" originally identified while carrying out the third step is not a perfect one, and that, in fact, it is unlikely that a perfect match will be found. 8. The "best-fit" approach, referred to in step 4 of the use of the standard is employed, as noted at pp.3-4 of Exhibit 5, in two situations: The first being where the position: "cannot be readily related to specific statements in the factor level definitions .... " When faced with this problem: "The evaluator must apply all available evidence related to the position in question and after interpreting it in terms relevant to the level descriptions eliminate those levels 35 which are clearly not appropriate, e.g. in terms of Judgement, the position is clearly neither at level 1 (too weak) nor is it at level 3 (too strong): the evaluator then 'best-fits' the position in terms of Judgement at level 2." We are not faced with the first problem because the position can be so "readily related." If we had been faced with the first problem in applying the best-fit approach, we would have concluded we would not have arrived at the conclusion set out in the example found at page 4, and would have found the position at level 3 to be the best fit. From the language found at pagelfour of Exhibit 5, it appears that it is only when faced with the first problem, that an evaluator may go beyond the position specification and "apply all available evidence related to the position in question." Nevertheless, both counsel adduced evidence and made argument as if "all available evidence related to the position in question" could be utilized in assessing the reqirements of the position for the purpose of arriving at the best-fit, whichever of the two problems referred to was encountered. The second problem where the !'best-fit" approach is to be employed is where the position: "can apparently be related to more than one statement at more than one level, and does not fully relate to one level definition." This is the case 36 before us. Here the evaluator is required to be guided by the following considerations: The position should receive the benefit of the doubt and be assigned the higher evaluation level only if the higher level requirement is significant and critical to the functioning of the position, Determination of a "significant and critical" requirement involves evaluation as to whether a position would be substantially changed in character if the requirement was to be eliminated. In general terms, a requirement is generally considered to be of less significance in job evaluation terms if the requirement does not' occupy a significant portion of time in the work week, i.e. at least 25% of the normal work-week. As a general rule, minor or occasional "higher" level requirements should not result in an evaluation higher than that which would otherwise have been made. (Emphasis in original.) 9. The fifth step in the use of the standard states: To appreciate more fully the relationship of the faotor/level definition to a whole job, comparisons should be made to relevant Example Positions. These have been included in the Standards to exemplify the levels and to illustrate relationships among factors (see explanation of "Example Positions", following). The use of example positions "are designed to supplement the factor level definitions, and should be used to obtain an improved appreciation of the meaning and intent of these definitions" and the classification standards are clear in providing that: "In no instance should a factorial description in an Example be used to support an evaluation which is not generally supported by the factor level definition." (p.5). 10. The sixth and final step requires that the point values for each factor level selected be added up to determine the total point value which determines the class level to which the position is to be allocated. 11. We find that the position cannot be related to level 1 in the sense required by the third step, and that within the meaning of that step, level 2 can be identified as a "match." However, in carrying out step four it becomes clear that a "best-fit" approach must be employed as the position can apparently be related to the statements at levels 2 .and 3 but does not fully relate to either of these level definitions. 12. The evidence satisfies us that the Grievor was furnished with comprehensive guidelines and precedents to assist in decision- making and that she was usually involved in selecting the most suitable procedures/methods 'from within the available comprehensive guidelines and precedents. The comparable statement at level 3 is: "Decision-making involves selecting from a wide range of choices of action the best approach to accomplish assigned objectives." In the case of the Grievor, she was furnished with comprehensive guidelines and precedents, and the evidence disclosed that where these did not exist she was expected to bring this to the attention of her supervisor, and Exhibit 16 is made up of a series of memoranda from J. V. Bradford, Tenant Placement Manager representing additions to guidelines to be followed 38 when the guidelines and precedents furnished do not deal with particular matters. The element of decision-making noted at level 3 go beyond working within comprehensive guidelines and precedents and this was something the Grievor was not supposed to do. From her evidence, it appeared that she adapted guidelines and precedents, but we are satisfied that this was something undertaken on her own and was not made known to her supervisor. Exhibit 5 makes it clear that it is the position that is being appraised and not the particular qualities of an incumbent. 13. The second paragraph at level 2, dealing with work assignments, indicates that: "Work assignments, accompanied by general procedures, are carried out under general supervision and normally are subject to only limited checking by supervisor or others upon completion." The evidence indicated that this statement covered this aspect of the Grievor's functioning. However, when the second paragraph of level 3, covering the same area is considered, part of it also appears to be applicable to the Grievor: "The employee is frequently required to interpret policy and administrative directives," however, the balance of the provision does not appear to fall within the Grievor's duties and responsibilities: "... and to adapt procedures/methods to resolve on-going difficulties and work problems." While the Grievor may believe that this is what she was doing, and was required to do, the evidence 39 indicated that policy and administrative directives were available to her and were not subject to adaptation? and any situations not covered had to be referred to supervision. 14, The third matter dealt with in level 2 is as follows: The employee solves routine work problems, seeking advice if needed and referring to the supervisor unusual matters not covered by established procedures and guidelines. The counterpart under level three is as follows: The employee is expected to make all work-related decisions, referring to the supervisor only matters that deviate radically from established guidelines or policy. while it is true that the Grievor was only required to refer to her supervisor unusual matters not covered by established procedures and guidelines, the third paragraph of level 2 does not take into consideration that the Grievor was faced with a host of non-routine work problems. As is pointed out at p.2 of her position specification, she must exercise her judgement in many difficult situations resulting from the fact that she deals with a variety of persons "from different cultures and ethnic groups who may not be fluent in English, their interpreters, clients who have psychological difficulties and are upset, irate, and often under stress, where she must demonstrate [a]bility to use some 'gentle persuasion' in order to rent units which applicants feel are not up to their requirements/standards/desires." Such work problems appear to 4O us to be something more than routine, and the evidence indicated that in that situation she had "to make all work- related decisions, referring to the supervisor only matters that deviate radically from established guidelines or policy" as set out in the third paragraph of level 3. In these circumstances we are faced w~th a situation where the position can be related to more than one statement at more than one level and that it does not fully relate to any one level definition. Relying on the guidance set out at p.4, when faced with this problem, we are satisfied that "the higher level requirement is significant and critical to the functioning of the position," as it would appear to occupy a significant portion of time in the work week and cannot be regarded as minor or occasional "higher level requirements." In the circumstances, while we appreciate that the use of examples is intended to supplement the factor level definitions, and that the examples are to be used to obtain an improved appreciation of the meaning and intent of the definitions and not for the purpose of supporting an evaluation which is not generally supported by the factor level definition, we are not satisfied that the position is entitled to "receive the benefit of the doubt," as provided 41 for in the guidelines furnished when faced with the second problem. 15. We have used the examples in the manner suggested at p.5: "The Examples are designed to supplement the factor level definitions, and should be used to obtain an improved appreciation of the meaning and intent of these definitions." 16. In example code 1, Accounts Clerk, where the purpose of the position is to: "Maintain accurate and up-to-date accounting, rent supplement and personnel/payroll records for a non- terminal location Housing Authority," under factorial analysis, judgement is stated to be: "Used in answering inquiries from staff regarding.computer input. The employee must use judgement to priorize work for a variety of functions to be completed by set deadlines." In this example, the judgement factor is set at. level 2. 17. in example code 2, Clerk Typist, where the purpose of the position is: "To provide typing and clerical support services," where the judgement level is set at lew~l 1, the specification, under judgement'states: The employee exercises some judgement in setting daily work priorities to meet established deadlines, Also judgement is used in receptionist duties in referring inquiries to staff. 42 18. In example code 5, Senior Accounts Clerk, where the purpose of the position is: "to coordinate the clerical accounting activities of a Housing Authority," and where the judgement level is set at 3, the provision with respect to Judgement states: The employee investigates when a problem in a transaction has occurred and decides how to resolve it. In addition, judgement is used in the interpretation, explanation and implementation of new or revised policies and procedures. 19. In example code 7, Clerk Secretary, where the purpose of the position is: "To provide clerical and secretarial support in a non-terminal Housing Authority," and where the level of judgement is set at 2, the factorial analysis of judgement states: The employee uses judgement in setting own work priorities and ensures reports and submissions are completed in a timely fashion. The employee uses judgement in providing information when dealing with office operations and maintenance emergencies during Housing Manager's absences. 20. In example code 9, Secretary Clerk, where the judgement level is set at 2, the purpose of position states: "To perform secretarial services for the Housing Manager and to provide general clerical support to the Housing Authority," and judgement is stated as fo'ltows: The employee exercises judgement in determining format and layout and accuracy of correspondence and agreements. Judgement is also used to set daily work priorities and record meeting procedures. Judgement is necessary in monitoring the rent supplement program. 43 21. In example code 10, Housing Manager, whose judgement level is set at level 3, the purpose of position is: "To provide assistance and referral services in response to tenant problems and needs." Judgement un~er factorial analysis states: Judgement is exercised in determining the needs of the client group within the community. The employee uses judgement to determine the extent of a problem and the appropriate action. The choice of agency or group must be appropriate to the problem or situation. Conflict resolution requires judgement to achieve an acceptable solution to emotional situations. Judgement is also necessary in the assessments of a tenant' eligibility for transfer. 22. In example code 11, Maintenance Control Clerk, whose judgement is assessed at level 2, the purpose of position is: "To assist with the procurement of goods and services for the maintenance program in the Housing Authority," and the judgement factor under factorial analysis is: Judgement is exercised in selecting manner of repair either by staff resources or by rotational contractors to provide routine maintenance repairs. The employe~ uses judgement to priorize and schedule own work activities in a high volume environment. 23. In example code 14, Home Visitor, which is assigned level 2 under judgement, the purpose of position is: "to conduct home visits in order to assess the suitability and etigilbility of applicants for assisted rental housing." The factorial analysis provides under judgement: The employee uses judgement to determine the suitability and priority of need of an applicant. Judgement must be used to ask appropriate questions to obtain the required information so that points are equitably awarded. 44 24. There is a certain consistency in the examples and their reference to judgement in the factorial analysis. The use of these examples has improved our appreciation of the meaning and intent of the factor level definitions, and we are satisfied that the Grievor more comfortably fits within level 3 for judgement. We regard the Grievor as being required to solve more than routine work problems, and because of the variety of situations faced by her, owing to the variety of applicants with language, physical and emotional difficulties, there is a requirement of judgement which goes beyond that specified in the examples where level 2 has been assigned. The duties and responsibilities of the Grievor go well beyond setting her own work priorities in completing her work in a timely fashion or in merely providing information. She is frequently required to determine the extent of the problem which does not fit neatly into a pre-determined format. In doing so, her position specification requires her to function in an area where conflict resolution is frequently called for in emotional situations. The kind of judgement that is required in convincing a tenant to accept accommodation which is not that tenant's first choice, in the circumstances described in the position specification, goes beyond what is set out in the examples where level 2 is appropriate. 25. In arriving at our conclusion, we have endeavoured to follow the factor point rating plan in assessing whether it was 45 properly applied by the Employer. In summary,L we have concluded that there was a "match," for judgement (employing step 3) at level 2, but that on reviewing the comparisons as, required under step 4, the match was seen as being less than perfect and a "best-fit" approach was taken. The second problem referred to under the "best-fit" approach was applicable, and we utilized the guidelines set out at p.4. It became necessary to examine the example positions which satisfied us that the apparent appropriateness of level 3 for judgement was correct. We conclude that our decision would have been the same whether we had relied exclusively on the duties and responsibilities set out in the position specification or, as well on "all available evidence related to 'the position." Although y_~ royce evidence was used tO supplement the position specificatioa it did not alter, in any. significant way, the contents of that document, which the parties agreed was accurate. DECISION In the result, the grievance succeeds and the Employer is ordered to: (1) reclassify the Grievor as an ADM-G-10 retroactive to July 1, 1989, and (2) to pay her all wages and benefits retroactive to that date. 46 The evidence of the Union as to why the ADM-G-10 classification was not raised at an earlier date was not refuted by the Employer. As a result of the agreement of the parties, affected employees, including the Grievor, were entitled to their correct classification, and payment in accordance with that classification pursuant to Exhibit 5, retroactive to July 1, 1989. The informal appeal procedure agreed to by the parties, and followed by them, recognized that its purpose was to obviate the need for grievances to be filed immediately where an affected employee believed that he/she had been incorrectly classified pursuant to Exhibit 5. Instead, their agreement was intended to postpone the filing of a classification grievance until the conclusion of the informal appeal process. On the facts of this case, and for the above reasons, the usual 20 day rule ought not to apply. We retain jurisdiction to deal with any difference between the parties concerning the amount properly payable to the Grievor. Dated at Toronto this 8th day of January, 1993. M. GorskY - Vice Chairperson __~rnom_~°n, ],'.ember J~I Dissent" (disse~t to follow) D. Clark - Member G.S.B. #318/91 CUP~ 3096 (Cox) and The Crown in Right of Ontario (~inistry of Housing) Having carefully reviewed the decision of the majority in · this matter, I must~ with respect, dissent. I do not agree that the grievor fits within Level 3 for "Judgement" which allows her to be reclassified to an ADH-G-10. Notwithstanding the fact that, in my opinion, the grie¥or's job duties fit very well into Level 2 in the "Judgement" factor, I will confine my rem.arks to the analysis of the "best fit" approach that the majority relied upon in reaching their conclusion. To a certain extent there is some overlap of th.e. four " " " "Judgement" and factors - "Knowledge , Skill "Accountability". Each factor however~ must be determined on its own merit. If, for example, a person is awarded Level 3 on the "Skill" factor (as was the grievor) that .person cannot use the same functions to 'bring themselves up to a higher level in another factor, i.e., the "Judgement" factor. The grievor was awarded a Level 3 in "Skill" based on the "Skills and knowledge required to perform job at full working level", Item #4 of the Position Specification {Exhibit 11). Interestingly enough, when referring to just what level of judgement is required, the last paragraph of the Position Specification under the heading of Skills indicates that "... tact, flexibility, and good judgement are required to deal courteously ..." (emphasis added). The job specification does not require that a person have "excellent" judgement. - 9. - I would respectfully submit that the position of "Home Visitor" (Exhibit 5, Example Code 14) is the closest match to the grievor's position of Tenant Placement Officer. The Home Visitor position requires the incumbents to "conduct home visits in order to assess the suitability and eligibility of applicant~ for assisted rental housing". Under the "Judgement" section of the Home Visitor position, the employee ". . . uses judgement to determine the suitability and priority of need of the applicant. Judgement must be used to ask the appropriate questions to obtain the required information so that points are~ equitably awarded". The position of Tenant Placement Officer involves, among other things, . . . receiving tenant terminations (MOT notices) and tenant files from project managers or Non-Profit groups, selecting applications from appropriate sections of the Priority List or from the Transfer list, and determining the most suitable for vacancies based on special priority (i~cludes battered women), points, special housin~ needs (modified or one floor plan unit), area, type and density of project, size ~nd type of unit, and portfolio requirements ..." The two positions are very similar and ~ in fact, the Tenant Placement Officer receives the completed applications from the Home Visitors. The position of Home Visitor was awarded a Level Z on the "Judgement" factor.. The majority of the Board concluded that the grievor should be at a Level 3 for "Judgement". In the Factor Definition for Judgement, (Exhibit 5, page 19), Level 3 states that "the employee is frequently required to interpret polic~ "(emphasis added).. Mr. Fotheringham, the grievor's Supervisor, testified that neither the grievor or himself were involved in the interpretation of policy. In fact, he could not even think of a situation wher.e there was not an existing pblic.y in place, and if there, was not a policy relating to a particular situation, one would have to be developed by the Tenant Placement Manager. The grievor, in my opinion, does not interpret policy, but rather explains. policies, which would be covered under the "Skills" factor. - 3 - In Exhibit §, page 17, under the heading of "Factor Definition/Judgement", it states: "Factor Composition" "The factor is composed of three increasing levels of "Judgement" which are defined by: - the (increasing) variety/complexity of conditions/situations requiring decisions; - the (decreasin~ availability of procedures, ~uidelines and advise ..." (emphasis added). Furthermore, under the next heading, "Factor Glossary", it describes what "General Supervision" means. It states that "the position has duties and responsibilities covered within a framework of guidelines a~d requirements an~ calling for considerable functional independence in the oomoletion of assignments." (emphasis added). With respect, the grievor does not, I feel, fit into a Level 3 for "Judgement" as she is not required to "interpret policy and administrative directives"; the "decreasing availability of procedures and guidelines" is not applicable in her situation and the "supervision" contemplated, i.e0, allowing "considerable functional independence in the completion of assignment" properly falls, I would submit, within a Level Z for "Judgement", not a Level 3. For the reasons stated above, i would have dismissed the grievance. Don M. Clark