HomeMy WebLinkAbout1991-1438.Chuan & Prommer.93-12-02 "~ ' i ONTARIO ~'" EMPLOYES DE LA COURONNE
~"" ' ~ · '' , ' ' CROWNEMPLOYEE$ . DEL'ONTARIO
GRIEYANCE C OMMISSlON DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
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IN THE M~TTER OF ]tN ARBITRATION.
\ Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Chuan/Prommer)
Grlevor
- and -
The Crown in Right of Ontario
(Ministry of Community & Social Services)
Employer
BEFORE: S. stewart Vice-C~airperson
E. Seymou~ Member
D. D~ugharty Member
FOR THE K..Whitaker
UNION Counsel
(Chuan) Ryder, Whitaker, Wright & ChaPman
~arristers & Solicitors
FOR THE M. McFadden
UNION~ Counsel
(Prommer) Koskie & Minsky
Barristers & Solicitors
FOR THE M. Gottesman
EMPLOYER Counsel
Legal Services Branch
Ministry of Community & social Services
FOR THE M. Gulysz
THIRD PARTY Counsel
Galati, Gulycz
Barristers & Solicitors
~EARING May 1, 19, 1992 -
November 10, 17, 1992
Ma~ 7, 10, 1993
DECISION
The grievous, Ms. Do Chuan and Ms. L. Prom~me~, claim a
violation of Article 4.3 of the Collective Agreement'in
connection with their unsuccessful applications for the.position
of Payroll Group Leader. · At the time of the grievance Ms. Chuan
was. employed in the position of Claims Clerk, OAG 9, in the
Ministry of Community and Social Services. She had previously
been employed as a Payroll Clerk in the Ministry of-Community and
social Services, between February,.1986 and November, 1989. Ms.
Prommer was employed as a Payroll Clerk in the Ministry of
Community and Social Services, OAG 8. Ms. prommer's seniority
date.is September 1973. Ms. Chuan's seniority date is October,
1976. The successful applicant for the position was Ms. V.
Hernandez, whose seniority date is September, 1988. Ms.
Hernandez was also employed as a Payroll Clerk, OAG 8, at the
time of the competition. Ms. Hernandez attended at the hearing
and was represented by counsel.
It is the position of. the Union that the Competition was
fundamentally f.lawed to the extent that its results cannot be
considered to be a measure of the relative skills and
qualifications of the applicants in relation to the requirements
of the position. The Union therefore requests an order from the
Board directing that the competition be re-run. It is the
position of the Employer and the incumbent that any. flaws in the
process are at most minor and that there is no basis upon which
the results of.the competition ought to be vitiated.
The position of Payroll Group Leader is in the
Financial Services Branch of the Ministry. It is classified as
OAG 10. There are two of these positions, both whom report to
the Payroll Supervisor, a management position, in connection with
the work of five payroll clerks. The position was created in
around 1987 to alleviate the workload of the supervisor in
~elation to the functions of the payroll clerks. The unit
provides payroll services to three to four thousand of. the
Ministry's employees and ensures p~oper payment in connection
with matters such as promotions, retroactive increases and
terminations.
The position of Payroll Group Leader was advertised and
posted on March 22, 1991. The relevant portion of the posting
provides as follows:
The Financial Services Branch of the Ministry
of Community and Social Services is looking for
a highly motivated and innovative person to
assist the Payroll Supervisor by providing
group leadership services to a busy, high
profile payroll unit. You will: provide technical
direction to staff involved in input functions,
planning, assigning, reviewing work to meet rigid
deadlines, interpreting/explaining changes in. policy
and procedures', training new staff, recommending re:
staffing resources.
6~lifications:
Excellent mathematical, interpretive,
explanatory, interpersonal/communication skills;
good knowledge of IPPEBS/CARS and related
federal and provincial legislation, guidelines;
thorough knowledge of on-line data entry/
enquiry system; ability to work with people
with focus on task/performance.
The position specification for the Payroll Group Leader
3
position is dated January 1, 1991 and is attached hereto as
Appendix "A". There was reference at the hearing to the position
specification.for the Payroll Clerk position, the position that
both the grievors and ~he incumbent hadoccupied and which the
position in issueprovides group leadership services for. The
Payroll Clerk position specification is attached as.~Appendix "B"
to this decision. Although the Payroll Clerk position
specification is dated September 19, 1991, the uncontradicted
evidence was that this version of the job specification was in
effect at the time of'the competition. At the time of the
competition Ms. ~ernandez had 21 months of. experience in that
position, Ms. Chuan h~d 41 months of experience and Ms. Prommer
had 76 months of experience.
A selection board consisting of Ms. S. Reisenweber, Ms.
M.'LaPorte and Mr. D. Carrington was established, with Mr.
Carrington as the chair. .At the time of the competition, Mr.
Carrington was acting Payroll Manager and had been in that
position since January, 1990. Ms. Reisenweber was Office Manager
of the Financial Services Branch and Ms. LaPorte was an employee
of the Human Resources Branch of the Ministry. There were four
selection criteria established for the position: group
leadership skills, payroll knowledge, data entry knowledge and
math skills. Mr. Carrington screened the applications for the
position. Nine employees were offered interviews. The
applicants were assessed on the basis of their ~eferences', file
reviews, a written test and an interview. Mr. carrington
testified that he considered payroll knowledge and group
leadership skills to be of greater importance than the other two
selection criteria. In designing the competition he determined
that group leadership~skills and payroll knowledge should both be
given a weight of about 40% while the other two criteria of data
entry knowledge and math skills should both be given a weight of
10%. Ultimately, the weight given was 37% to group leadership
skills, 40% to payroll knowledge, 9% to data entry skills and 14%
to math skills. The persons providing references were asked to
rate the applicants in various areas. The ratings provided Were
applied to the selection criteria and a score for each candidate
was obtained. If there was an area in which the person providing
the reference was unable to make an assessment, the applicant was
not Penalized. The.interview/test results and the reference
results were given equal weight in determining the final scores
of the candidatesi~~ The applicants' personnel files were reviewed
by'the selection committee.. The final scores gave Ms. Hernandez
a total of 284 poiDts out of a possible 330, Ms. Chuan 247 points
and Ms. Prommer 22~6 points. Expressed in percentage terms, the
scores are as follows: Ms. Hernandez, 86.06%, Ms. Chuan,
74.84% and Ms. Prommer, 68.48%.
It was the position of the Union that the competition
is fundamentally flawed in.a number of ways. It was the Union's
submission that an inapDropriate weight had been giuen to group
5
leadership skills. While it was not disputed that group
leadership skills are required for the position it was argued
that payroll knowledge is the most important component of the
position and that this one matter should have been given
significantly greater weight, with the other three selection
criteria being accorded lesser significance. '
There were other arguments advanced by the Union,
includinq an argument that the Employer failed to ¢on~ider
relevant evidence that was before it relating to the skills and
qualifications of the grievors. In addition, it was argued that
there was an inappropriate reliance on the interview results in~
this instance. As well, the Union also took issue with the way
that certain responses of the grievors in the written test were
assessed.
The Board heard.evidence from Ms. Chuan and Ms. Prommer
as to the nature of the Payroll Group Leader position from thei~
perspeotive as Payroll Clerks. As well, the Board heard evidence
from Ms. Hernandez as to the nature of the duties that ~he
performed when she commenced working in the position. The
Employer questioned the validity of the evidence of the grievor~
on this matter due to the fact that they were'not in a position
to observe the entirety of the position's duties. The Union
questioned the validity of the evidence given by Ms. Hernandez on
the basis that she was providing information about the position
6
as it existed following the competition. Mr. Carrington also
gave evidence about his understanding of the position however he
acknowledged that he was not directly involved in the day to day
functioning of th~ position.
We are of the view that there are limitations to the
evidence of all of the witnesses. However,· much of the evidence
was not in dispute. As. well, the Board had the benefit of the
job specification which was prepared shortly before the
competition which contains a detailed description of the duties
and responsibilities of the'position.
There is extensive overlap between the duties of the
Payroll Clerk and Payroll Group Leader. The Group Leader is
assigned a smaller, more sensitive group of clients for whom
direct payroll services are provided. In. the absence of a clerk
due to vacation or illness the Group Leader undertakes the duties
of the Payroll Clerk. If a Payroll Clerk is away for two or
three weeks her duties may be reassi~ne~,.however the Group
Leader will still do the calculations associated with'that
particular assingment. The Group Leader will also undertake the
duties if the Payroll Clerk is~ unable to comDlete her work.
While the Group Leader has a role in conveying information~ and
making recommendations in relatiOn to the operation of the~unit
it is the Payroll Superuisor who makes decisions with respect to
matters such as overtime, substantive work assignments, staffing
7
and discipline.
The GroUp Leader position is in the. OAG class series,
the same series as the Payroll Clerk and is a bargaining unit
position. While the Group Leader is involved in matters such as
planning and assigning work and setting priorities, this work is
carried out in the context of providing assistance to the Payroll
Supervisor who~has overall responsibility and control. In his
evidence in chief, Mr. Carrington described the position as a
"go-betw~n" in relation t0 the supervisor and the clerks. It is
signifi0ant,' in our view, that the introductory phrase of the
first paragraph of the description of the Payroll Group Leader's
duties in relation to specialized assistance to the Payroll
Supervisor refers to "providing technical direction ... to a
group of five payroll clerks". In our view, the Payroll Group
Leader's functions in relation to the payroll clerks are
primarily as a technical resource with respect to matters such as
training new staff, explaining interpretations of regulations and
procedures, monitoring work and interpreting and applying
policies in unclear situations. The Payroll Group Leader and
Payroll Cl~rk position specifications which .carry the same date,
July 11, 1991, and were classified by the same assessor, Ms. M.
LaPorte, place both positions at Level 1 in the categoryof
"GroUp Leadership''. The distinction between the two positions is
in the areas of "Judgment" and "Accountability", w~here the
Payroll Group Leader position is ranked more highly than the
8
Payroll Clerk. We are unable to accept Mr. Gulitch's submission
that the higher ranking of the position in these two areas can be
construed as being in relation to groUp leadership skills. While
there may be judgment and accountability associated with the
exercise of group leadership, group leadership constitutes a
separate category in this assessment. The ranking of the two
positions in relation to group leadership at the same level in a
document prepared by the Employe~ for the purpose of assessing
the two positions is a matter which must be given some weight.
In our view, the distinction between the two positions that is
reflected in this assessment is consistent with the evidence
before us in relation to the two positions which, in our view,
supports the conclusion that the primary and most important
function of the Group Leader position is the provision of
technical direction. In our assessment, the greater judgement
and accountability required of the Group Leader position relates
to the requirement for greater payroll knowledge, in connection
with the responsibility to provide technical direction with
respect to interpretations and application of policy, training of
clerks and making decisions about how unusual situations are to
be dealt wi~h. The group leadership functions, while an
important part of the job, are, in our assessment, of secondary
importance, as are the other selection'criteria of data entry
knowledge and math skills.
While there is"some validity to the criticisms of the
9
Union with respect to the expected responses to certain questions
in.connection with the interview, it is our view that it is only
in relation to Question 5 that the Union has established a
significant criticism. Ms. Chuan's response was penalized in her
grading on the basis that she proposed sending a memorandum
addressing the particular problem directly to the client. Ms.
Chuan testified, and was uncontradicted in her evidence, that
when the very situation arose in the context of her duties as a
Payroll Clerk it was decided, in conjunction with the Payroll
Supervisor, that the memorandum would be sent directly to the
client. We agree with the Union's submission that the response
was improperly assessed in that the expected answer varied with
the actual practice of the unit.
Finally, we agree with the Union's submission that
information that the Employer had available to it in the form of
the applications for employment ought to have been factored into
its assessment of the relative qualifications of the applicants.
As Mr. McFadden emphasized, Ms. Prommer has academic credentials
as wel~ as many yea~s of experience in the area of teaching.
However, this training and experience was not given any weight in
the ultimate assessment of interpersonal/communication skills or
her 'interpretive/explanatory skills. While, as Ms. Gottesman
noted, Ms. Prommer did not refer to these matters in th~
interview, it is clear f~om the decision of this Board in Poole,
2508/87 (Samuels) that the information contained in an
10
application form ought properly to be considered and form part of
the Employer's assessment of the relative skills and
qualifications Of the applicants.
As well, we agree with the Union's submission that
years of experience in the Payroll Clerk position ought properly
to be given some weight in the determination of payroll
knowledge. Mr. Carrington acknowledged in his evidence that
years of experience as a Payroll Clerk would give exposure to a
wide range of payroll problems. While Question 1 of the
interview refers to experience, the applicants were not
specifically credited for their years of experience in a
quantitative way. In our view, credit for suCh experience ought
properly to be given in a quantitative way. .r
Whatever our view may have been of these matters
individually, it is our conclusion that the cumulative effect of
these defects is that the competition was fatally flawed. We did
not find the Union's other criticisms of the competition to be of
significance. In particular, we did not find the Union's
criticisms with respect to the relative weight given to the
interview in relation to the references to be of consequence.
It is apparent from the evidence that the competition
was conducted in good faith. Indeed, there was no allegation of
bad faith made by the Union in connection with this competition.
11
We agree with Ms. Gottesman that competitions are not properly
held to standards of perfection. However, in the case at hand we
are compelled to the conclusion that the flaws in connection with
the competition are not minor. Specifically, we are compelled to
the'conclusion that the qUalifications and abilities of the
applicants have not been properly assessed in relation to the
actual requirements of the position. It is our conclusion that
the defects are of such significance that the competition must be
re-run.
No submissions were made to.the Board with respect to
the precise weight that ought to be allocated to payroll
knowledge, and accordingly, we leave this matter With the
parties. However, we wish to make some comments with the
intention of providing some assistance to the parties. While we
accept the Union's submission that payroll knowledge is the most
s~gnificant selection criterion and ought'to be given
significantly greater weight than the other selection criteria,
we are unable to accept the Union's suggestion that group
leadership skills should be given the same weight as the
remaining two criteria of math skills and data entry. In our
view, group leadership skills should be given somewhat greater
weight than these other two selection criteria.'
The Union sought an order directing~that a re-run of
the competition be held between the two grievors and the
12
incumbent. Ms. Gottesman submitted that in the event that the
Board were to order a re-run, the candidates should be limited to
Ms. Hernandez and Ms. Chuan, given that Ms. Prommer's score was
considerably lower. Our conclusion with respect'to this
competition is that the flaws in the competition'did not allow
the skills and-qualifications of the applicants to be properly
'assessed in relation to the duties of the position. Accordingly,
Ms. Prommer should not be deprived the Opportunity to compete for
the position on the basis of a proper assessment of her skills
and qualifications in relation to the requirements of the
position. Ms. 'Gottesman also took issue with the Union's
submission that interest be awarded on-any compensation payable
in the event that either of the grievors is ultimately awarded.
the position. In our view, interest is properly payable in the
event of the ultimate success of either of the grievors. We are
unable to agree with Ms. Gottesman's suggestion that the paYment
of interest is a punitive.sanction. Rather, an award of ~interest
is a necessary component of full monetary compensation in cases
such as the one at hand.
Accordingly, we hereby order:
1. A new ~ompetition for the position of Payroll Group Leader. is
to be conducted. The selection criteria for the position is
.. to be established in accordance with the foregoing.
2. The competition is to' be restricted to'Ms. Hernandez, Ms.
Chuan and Ms. Prommer. The experience of Ms. Hernandez in
the position is to be discounted. No members of the previous
selection panel shall be involved in the new competition.
3. In the event that either.of the~grievors is ultimately
13
successful in being awarded the position she is to be
compensated with interest for her losses.
4. We retain jurisdiction to deal with any difficulties
that may arise in connection with the implementation
of this decision.
Dated at Toronto, this 2nd day of December , 1993.
S.L'. Stewart - Vice-Chairperson
E. Seymour - Member
"I Dissent,, (dissent attached)
D. Daugherty - Member
Co~un~ty a~d ~c~a[ Semites ~ Finance & Administration
inanc~al .Semites - Finance & A~min. 880 Bay-Street, TOronto I 69501
GrOuO [llditthip. Tht s~[ll f~t~ ~dttlo~ I~ Lbo folt~t~9: Wor~ Pr~iflO, To~ typing, ~, Die=, Un~lAl=. Pmitt~s being
Purple of pos~ofl Iwh~ ~ thll ~itlon ix~?). ,'
To ~t the Pa~U Suer ~ tho day.to~ay running and ~[natio~ of a unit r~miblo for the
p~cpamtion of input d~m~ fat cl~ifi~ and u~cl~ificd cmplwc~ and to act on thc Supc~fs
when
Duties ~nd tl~ated tas~ '{w~t it ~ ~ M ~, h~ end why~ t~d~t~ ~r~n~ Of t~ ~t On ~
1. P~d~ sp~ ~tan~ to the Pa~oll Sup~or b~:
50% ,
p~dJag ~M~i d~ (~.$, ~P~-C~S ~lat~ m~tten) [o a group of ~ paoli cl~r~
plannM& ~si~g and r~g ~r~ dctermini~s pfiortti~ to maintain pmductiop I~el for unit;
e~laiMng to p~ll ~ th~ interpretation of all ml~nt m~latio~ and proc~ur~, ~ially
where them hav~ ~ em~ndm~, to e~um a~m~ and
ma~ng r~ndat[o~ on ~forman~ appraisa~, 6~ciplin¢ to su~or;
~raih~g of ~ s~aff ~ paoli, C~S, on-llne data ent~ and making rc~mmcndMions tO
clmtng of data efl~ ~, u~at~ cr~tion of data.set file for MOS lo u~ate bbwcckly peril
-<~ 8e~ attache~ ~ ' ~
monitorinll pzeparation and pw~ing of IPPEB and C~S input d~um=n~s for ct~ifi~ and
uncl~ifi~ empl~;
in/e~ret~g ~d app~g ~1t~ or ad~nhtrati~ dir~ to problems where the intent of ~ting
r~ending m su~r tho n~ for n~ ~ll~i= for m~iflcation of ~rk pm~u~ and
2. ~-0rdlnat~ ~he input of ~PEB and ~S documen~ bF
e~u~ng lhat authoflti~ for ~PEB, ~S inpu~ a~ properly authori~ and fo~ard~ within
e~udng that s~ate r~r~ are kept of the employ' paoli tramactio~ such ~ retropa~nts,
overtime, s~t p~um, anla~ aden., emergen~ ch~u~ end related changes to the employe~'
group ~g%
emu~g that n~ employ~ are ente~ into the ~PEB spte~ in a timely manner;
lia~tng ~th auxin o~ Raaacial SeM~ ~raneh ann other branch~ aaa min.[rites to
info~atioa aaa t~ ptobl~, ~ tequi~;
S%
'caring out s~a ~J~men~,
Skills and Kn~l~ge .
Knowlede¢
~:¢~leat, ~etait~ ~i~ge o: ~P~ and ~ manual, F~e~al Ouideltn~ on In.me T~, P~ion Pla~
Unemployment I~uran~ ~ ~e ~rk ~up and Human R~u~ offi~ throughout the Minist~. Good
kn~ledge of ~lI~e ~menL Manug of ~min~atbn, PubHo Se~ ~t and ~naaciat $e~ B~nch
monitor ~rk ~. ~o~ unde~nd~g of ~rk unit's obj~ F~ly ~n~ant ~th on-line
s~tem and 1~ capab~i~, lho~u~ ~l~ge o[ the ondine data ent~ ~tem.
Ve~ g~ mathemai~l and ~h s~ ~ll~t [nte~nal s~ls to deal with ~nd adv[~ ~rk group
and other b~n~hm, ~ o~ s~qb to ~lain, Interpret ~li~ and ~ldeltn~ to staff ora ~riety of
lev~ o[ managem~t o~ ~nnel ~ng ~u~l or a~ to ~oD~ a ~ri~y of pa~ol~a~lendan~
p~ble~. ~ to o~rate on-l~e enqui~ sDtem and ondine data ent~ sDttm.
Technl~l
None,
2
J~l~emen!
or (Ii do, ned. ~a~g d~to~ ~ing ~rk patterns (e.~., overtime). Refc~ to Supc~isor m~te~ that arc
radically different from ~I[~ ou~lin~.
Ae~unlablIi~
R~po~ible for ~[nai~g o[ ~rk unit to meet deadlin~ and ~mplete ~rk assignmenis.. AcMs~ ~rk group
and other branch~ on ~lici~ and p~ur~, ~ro~ ~uld bo fraud but after slgn[~ant time and ~u~
expenditure, sedo~ untdentifl~ e~ ~uld ~ult In under/o~r pa~ena r~uhing In lack of ~flden~ tn
payroll pr~ini s~tem and e~ In closing of data ent~ fi[~ lransmission would impact on f~ciliti~ and.a~a
offic~ r~ulgng in ~ o~ u~c)~I~ chequ~ not being pdn(ed,
Provides group, leade~p to five ~mplo~ and a var~ of uncta~ifi~'emplo~ hir~ to ~ver peak ~rkloa&.
3
· ,., ~'~-: (' :' ' ' ' Position SpeotI!:-~tlon & Cla88 AIIocat]o'n~BC 615'0 -
..... (Refer to back of f~ for compMtlon Inatmcd~s)
$~.pa~ol~. cze~ks : ~ 17-1433-12 o~ce ~m~n. 6 - GSQ ~
_ ~unit~ an~ 8~ial 8e~icee' F~nance an~
~nanc~a~ B~c~e - ~ntza~ ~ay~11 ~eentG Pa=k, To~onto ~ 69501
10 'l ' 0 '.[ 0 . ~Pay~oI~ ~np. Supvr. (ZPP~S)~ 17-1433-10 '
Proce~l~ Input documents and Calculating retro/recovery of overpayment (ss.
applicable) pertaining to salary changes such ~s promotion, ilcm~tton, mc-tit increa.~
salary p~tsio~ teclas~lllcatinn, actlnR appointments, position onderfill and. crc.;
· . P~es;sing additional pay s~ ss overtime, ~tatutory hoffday pay, shill premiums, special
assignment pay and refunds such as parking and CSB; '
Pro~inR documents pertnlning to deduction tn pay such as leave of absence without
pay, CSB, benefit coverages (if applicable), pension an'cars, parking, credit union,
charity and ndd;tional fncem¢ tax deduction (fl applicable);
EnsUring that on receipt of the Leave of Absence Request/Authorization Form, n stop
date.Is processed, a Record of Employment i~ issued within prescribed time frame.
. Calculating for employees on maternity, leave/parental leave the' seventeen (17) week
and 'tc, n (10) ~v. ek de~iled bi-v~ekly payment schedule for Maternity/Parental sub-
allowance In accordance with Human Resources Directives and Guidelines, Collective
Agreement, Federnl/Pmvindal Legislation, completing sections ~ nad "O' of thc EDF
for singe by stage Input. lEnsuring receipt of IJIC payment Infonnatlon to adjust sub-
allowance payment (If applicable)on termination of maternity/parental leave.
Calculating and preparing Pix~mlum Remlttanco Advic~ for employees on leave of
sbsenc~ ~thout pay who want to maintain benefits, Processing start date when
employee tett~rns to work.
- inltlatlnlt recovery of overpayment by completing the letter of everpayment, input form
and forwarding same to thc supervisor for signature with applicable back up documents;
'Completing and certifying period of service on the Service' and Earnings Repe~t for
employees who elect to eontr~ute for prior non.contributory service. Cnlctilnting
pension on buy back for employees who want to pay pension for Leave o! Absence
Without Pay and forwarding completed form to the Public Service Pension Board;
- Slgnln~ on dnl~ to the IPPEBS Inquiry terminal, ensuring the monthly key password is
~invant to the terminal as assigned by the supervisor, accessing information off the main
: menu on a variety o[employee details such as personnel, pay, pension and work
slgnins olI dally to.ensure confidentiality;
· Ensuring that documents are received on tei'mlnatlon such ss Employment Data Form
'~ 0!~DF) for separation date and severance credit date, attendance report, processing stop
date, determining entitlement to attendance gratuity/severance pay/death benelits (~s
npplk~ble), flnalsalntles, vacation credits, attendance credits, recovering nny oulstanding
overpa,/ment, ~rnishment, relocation expense, parking, CSB, butsary as applicable,
i~ltsro~ln$ manual cheqncs on ali tcrminatlon payable to employee or' financial
tutiom If being Ifansfen'ed to RI~SP account in accordance with Federal Leilslation,
,. compleltnI Reo~ of Employment within ptescn't~l time frame;
. Ae~.s as a payroll Processing clerk for decentralized facilities/regional/area offices on
' all hatr. he~ (input) to be sent to MOS for keypunchinlb resubmitting key punch errors
and.all e~mrs on tho Records Forms to expedite reimbursement of a~countable warrant
aeootal~s, retlwnin[ on a time~? basis all acx~pted batches (input) and reJm:ted input
othel'lhaa key pursehed errors and errors on Records Forms to the appropriate Human
~ and lh~ttoll Personnel in the decenzratlzed, areas, reviewing oompleted
· Aullmlization for Altendam~ Credit Gratuity, Se~a.'tance P~ and Death Benefit Form
to detet~n~ entitlement and accuracy of calculation, ensuring that termination
documentation la complete, processing manual cheques' for all
termluation/separetkmA, etlrement, armverlng queries from decentralized areas, sending-
.oul me..morandum and reports ss applicable, performing data entry function for the part
SLum bouts o[ ~mt~ned deccttttalized olllce~ and p~ol! stat~top dat~ on cut of[ dates;
· Ensuring that attendaace rCport~ are received on a bl-weekly or monthly bas~s ns
appHcnble (ecududing decentralized offices and field offices on the Local Attendance
Recording Syster~ (LARS) by referring ~o th~ Summary of Ye.~r-To-Datc CYedit
Usaso. Report nad Attendance Record;
. ,,. ~_.n.!n_talnlng manual attendance recorRs for the full' time unclassRied and regular part
time e~oloyec~
- Ensm~g that employecf-pay are reduced duc to leave of absence without pay,
insufl~clent credits and termination/separatio~;
- Veda5 all chsence~ recorded on the bi-~.ekl~/monthty Absence Reports for
completeness, valid cedin~ and nut,or,zed signatures;
- EMufln$ that absences and ntt.endance adjusln~nL, I arc refitted ~n the reports;
· Emvrlng thn't all IPPI~,BS Generated Reports have included any changes in
employees' pay such as tetro, overtime, shi~t premiums and etc.
· A~.,tlon~ng any error on the ]~nploy~ Error Report (e~. net pay les~ tha~ a dollar);
· Adv~ng Attcndnnce/Veflfica~ion Unit on cheques to be cancelled or recalled to
nvoM overpayment. Preparing manual cheque if applicable~
. Updating Ps, oil Record .Cards In accordance w~th in~emai procedures such
recording LOA w~thout pay, manual cheque issued, termination payments and ·
Resom.~e~ and f~m, ardtng same for cotreclion to designated personnel of 6c~;
· Answ~ng querle~ from'assigned o~ces;
· ~ing PC based .I~1 ^e~oumsble Warrant Sys~cm (LAWS) to requt~it~o~
manual chequc~;
- Performin~ data entry for Central Recording System (CARS)'on thc Local
Attendfmce 19.~ordln~ System (LARS);
- P.,nsvdn~ thai batch tota~ ott thc IPPI~ Batch Tra. usmittat sheet balance wfth thc
on4tte Data P. nttT System;
. ]Petfonntn~ data entl~ on the on site data entt7 system to up date payroll Information
., fPr corporate and ~ld otTtces;
.. Reinstating pepetitlye deduction~ when emplo, yee returns to work;
o ]~iig~g prompt release'of attendance reports;
. A~ auigned.
~ AND
~ ~Sd' o[ IPP~S U~r Munua~, F~era~nc~aJ Ouidclin~ on
l~ T~ ~P s~ UI~ ~s ACs snd u~at~ f~ MOS
k~lat~ ~n~fo~nt~n afl. ag empl~ salari~ and ~flefi~ Ve~
un~~g of ~l~nt k~ ~flo~ of t~ Human ~u~ D~ and Guideline,
P~u~ Wot~ ~m~nt~n ~latlon, s~i~l~ ~n the ar~ of te~natlon
~ ~k ~nlt ~ tho ~n~t~nJ structure of thc Mln~t~ to deal
~~hS of ~ ~ I~ fnquJ~ ~tem h o~ to p~de clien~ ~th
~t mat~mat~l s~ [or'a ~fc~ o~ pa~oi[ calculation, i~ludln8 fract{o~
~m~ ~nta~~tionp~/~tmAcminatiofl pay calculatiom, ~ile~t r~a~h
t~hn~ and undc~tandln8 of a ~mputeri~' ~ay/attcndan~
u~c~8 of b~ a~nt[ng terminolo~ s~T~cally fn preparJn8 and submitting
m~ ~~ ~ IPP~, skill to effetely [nt~t u~ ~ppty l~3~lation,
~la~ ~ d~tl~ re: safo~ ~m/nistration and empire ~nefi~ and the abili~
'~m~don to de~ ~th ~ o~ th~ughout thc ~Jnb~ and detail~ matte~'
such M ~an~ to ~lat~ or p~ur~. ~ilent Inter.hal s~lh; ta~ and
dipl~n~ ~ ~Jn8 ~flfl~flthl ~taH~ Info.arVn ~th manasemen~ a~ Mjnbt~
empl~ ~ffity to adapt to high p~u~ deman~ and m~t ~d dcadli~, ~fli~ to
Da~ ~W [or ~ IPP~S, ~ to Mia~t~ s~ndar~
~h~ ~ui~ ~l~]nS appwpda~ p~du~ ~thin the ~tablhhed ~idclin~
h~n~ntly W p~ n ~c~ of IPPE~S da~ for~ J~icment ~11
~ ~ ~na what sft~tlom m~ ~ui~ the ~u/ng of' emergen~
ff~ing ~ ~ t~ at ~e ~ o~ bmin~. Work ~fgnmcn~ arc a~mpanJ~
· .~ral ~~ nn~ ~i ~ s~t ch~k~ ~ the group leadcr/su~r.
Un~u~p~ marten am ~fe~d to ~up .lcadcr/su~r.
In~nt ~le for ~o~ins dutio tn a timely and $~te ma~er
p~um ~a~ and ~d ~ndl~ Wor~ ~de~ently but ~ d~Oon on
mmp~ ~ ~u~ ~bl~ from ~e ~up ~ader~u~f. R~ for
~~ (~ ~ ~~t of an erupt) or ~o of m~tlM info.arVn
~ ~ t~ B~h ~d MlnbW. ~n ~uld ha~ si~ifl~nt effect on ~rk ~mup
...... 1438/.91 1439/91 ' "
These' are com!3~t!tion', grievances--.Submitted '. by' twO employees., who . claim
appointment of-the successful candidate io the Payroll Group Leader POSiti, on violates .... ,.
Article 4.3, a.well known article to those involved in job competitions:
'In filling_ ihe' ,vacancy, the EmpIbyer shall give ~primaip ''~.
'consideration to qualifications and. ability to perform the .~ .,..
required duties, Where qualifications and ability are relatively . ' ' '
equal,, length of continuous service shall be a consideration.'.
In reviewing the decision of the. majority of this. Board, this Board Member does not
dispute the facts as Stated in" the Award although I believe' that it is incumbent.upon me ..-
to provide, some additiOnal .facts which were put forward during the hearing, It is with..
.' all 'of this informatiofl and an understanding of the case law dealing with. competitions . ~",
which leads' the Writer to a' different conclUsic~n. ~'. This grievance should, have bee,n/ ' .~ ~.~
dismissed. "
' ' )tC R6UNu' .i'
· There was no dispute., r.egarding the job descriptions for the Central payroll Clerk.and','
"~the Payroll.G;/ou'p I_~ader: .The ~purpose of.these~positions (/,e, Why does this posit~On."
exist) are as folloWs: ".', '" · " . .... ' '.
Payroll Group l~e~ad, er:: ' '.'i ....
.. . . . "To asJist: 'the Payroll Sut~ervisor with the day-W-day running · -
+'~ ' and'co-ordination of a unit' responsible for the preparation of ~ ~ " ' ·
.... · - ~' input documents for classified and'unclassified emplOyees'and .
to act on the Supervisor's behalf when necessary.
Central Fayro(l Clerk~
· To 'efficiently .maintain all. the Ministry's classified staff' .,~.' .
pays'oil j/attendance functions in IPPEBS and CARS, in "-
'" · ' accordance with the'Public Service Act,. Collective Agreement,
Federal/Provincial. Regulations and Treasury and' other
Guidelines.' - ', "~ ~.. ' '"
Not& My own emphasis on certain areas. "
...What d°es a payr611 cldrk dO? ~in Ms. Chaun's testimony, she confirraed'the'!strictly'.!': ":" :~,"
', Clerical nature of the pOsition when she stated the purpose ofthepayi'ollderl~ was topay ...'.,
people; including new hires; te?mination payments; process regular salaries and grievance. - .,, ..
~, awards;, records of employment; any o. verpayments which occurred we have to make. sure , , .. , -
that we get. money back; process maternity allowances.' Regarding one of the functions ' .- ,.,
the CARS system, Ms. Chaun admitted that she had no practical experience ,in.thi~' area :-
,. since she had been out of the tinit for a period of time. Both grievors testified that the.
Clerks were never involved with assigning w6rk, setting deadlines, disciplining, ~ .,..
performance assessments, etc.. On occasion, a clerk could be involved in. assisting new· '.'
'cleric. Typically, in the first six (6) months a new clerk would go to the payroll 'group
leader and tl~e payroll group leader would train and/or direct appoint another clerk to
assist. Beyond that period, the frequency of requesting assistance would drop.
· what does' the payroll group leader do?, Mr..Carrington, Acting Payroll Manager,. Was
"asked to describe the job of payroll group'leader to the Board. In his'. evidence,,'he .: ..~.':-"
"-:stated: '...if you .see the job deskription'~..talks of assisting the payroll supervisor_ With the
.... · ,., input crews ..... ~ Need more than go.-be~eens. ? When asked by counsel for the Employer: .~., ...
,' ,. you cannot do~without go2betwe'ens', he 'replied: 'It is the workload. Bexides 10 clerks,db
'the job .but there, are other key functions'.- Mr. 'Carrington gave a .very. credible
"explanation of the job in terms ,of the job being more than simply a 'go-between' or
.some form of :'senior.payroll clerk.' He acknowledged that the 'p0sitign r~quired .~,...,,
'communication skills to deal.with p~rsonnel inside and outside the unit and the':types'of ' ' -~ 'r i "..
persons contacted Were not at,the same level as those contacted by 'the payroll clerk's' .-,
-job..He infoimed us that' the payroll group leader assigned work to the payrol~ clerks ..
. .·. (5) under ,the direction of the supervisor but it was the group leader who was ,~
· -' responsible to administer, the clerks:inProviding ~he service, Other responsibilities ..~ '.
~. ~ included the mo,nit0riftg of deadlines; ensuring complaints were handled; trai~ing new,~. .
employees; finding ways to prioritize work to avoid overtime; and, ensuring that work ...
~ was completed when clerks were on holidays by re-assigning and/or doing' the work
themselves, Finally, Mr, Carrington'.sta.ted that the group leader also had a small case
load.(i.e. 100 clienis) which dealt with a specific group within the Government and did a-' .. -~,... ''.
number of other duties which were not shared by ~the clerks. ' .. ,~ '- -: '.'.
in terms of discipline, Mr.'.,Carrington stated that the group leader is not a' supe~vis°r.
: ~ 'but the group leader' will deal with lateness or the Observance of core hours and assist , ..
the supervisor in disciplining and recognizing courses of action to be taken against
employees. He 'stated that the group leader could 'possibly handle matters by herself'. It
is important to note that Mr. Carrington rejected the notion that the group leader was
simply a technical resource. He stated: 'This statement (technical resource) is inco/npl~te.
The Group Leader is a technical adviser but the main responsibility in not technical but a
WOrk directional supervisor'.
..... .-.:,..-. Ms.'.Hernandezi~-the' successful'applicant, was asked to give testimony, by her'~:6u~l.-
· , ~" For the most part, her testimony supports Mr. Carrington's testimony.' She'waS help .ful
in describing duties which are specific to the Group Leader's .position.· Ms. Hernandez
did state that in 'discipline matters, the. supervisor would go through the Group Leader;
however, she'later admitted that the number .of incidences of discipline wei'e nOt
Sigrdficant. She also gave· evidence that the group payroll leader did perform, pay?oH
" clerk duties as re. quired (i.e. vacations, absences, etc) but she also stated that the leader
" ~' ' could delegate the workload to others, Whether she performed the clerical.dUties or
delegated the duties elsewhere, she emphasized that the leader had to still maintain her
· own workload.. .'
The evidence of Ms, Chaun and Ms. Prommer with respect to the payroll group leader's
job must be received,on the basis that neither had don6 the job prev!gusly, ..S0me. of ' ' ~,' ,'~" ':
their'evidence supported the testimony of Mr. Carrington· and some evidence did nOt ,,.
· · "and/or their' evidence .conflicted. Some'of this'contradiction Can be explained by th'eh' :...'. :"~.-
personal vantage points in viewing'the group leader's joh. On the other hand, there are : '-
· some contradictions which were.more serious.~ Mr. Whitaker ptit .to Ms. Prommer ithat .,,., .: ~ .~
" ,the introduction, of ihe"Group Leader had no. affect upon the clerical:position ag,.d she ~, :' 4.:"
agreed, 'CorreCt,: no effect at all'. In contrast, there i~ no doubt from Ms. ChaUn'i ~'i'...,
evidence that the introduction of the group payroll leader did impact upon her job. For
'·examPle, she'. stated· that-sh~ woUld go':,tO hergroup leader and'. not the supe. rvisor'-'pn-.".- '~. ''. , ·
·: "" Problems-and the Payroll grouP: leader would cOntact her regarding certain telephone
.,':' . calls, approving deductions, etc.' .. . ' ~"~'~·, '
· ' Th~ Union ~briefly referred'..to one element of the Position Specification: '. On the .---' '~..
· Position· SPecificat/on, [he allocation of levels/points for ~ob evaluation purposes' would-, - ,'..' · ,.,~ ,
suggest that both the clerk's position and'the group payroll leader's position were 'equal ' "i...
in the areas of Knowledge, Core Skill, and. Group Leadership. In the area of Group .
,' Leadership, the clerk's position was assessed a '20*" with no explanation for the. ,,,~ .,..,
whereas the payi'oll group leader's position was simply a '20'. In any event, both had .~ · ,'
the same '20' points. As stated in the Award, the payroll group leader was 'given .a ~.'·' '
higher score in the areas of judgement and accountability. The clerk's position scored . ..
an additional 20 points under Technical Skill which appears to relate to 'touch typing,, ~.
:,
' "'What cond~sion~ ca3 we' :draw' from all of the previously mentioned, faCts:.· in:',the ~. ,:"
" P~ward, the majority made three significant, findings which essentially Set the gtage .for" ~" ':
".the direction of the decision. Firstly, they'took the position that the job was 'p. rimarilya' "'~'
technical resource.' with respect to the Various functions associated .with the-.job:
'Secondly, and with some. merit, the Board ~h~id to place 'some weight' on the fact that ~
~anagement scored both the clerk's job and ihe payroll group leader's job .the Same for ... ' . '. '.,-'. '-
job evaluation Purposes under Group Leadership. Skills. Thirdly, the Board found_that ' .
there was an 'extensive overlap between the duties of the payroll clerk and payroll group
leader'. ' '
· . Regarding' the group leadership qualities of the payrol! group leader, we may have .a
conflict between the oral testimony and exhibits and the job evaluation sYstem results. ..
In my view, the 0ral testimony, and exhibits are clear that the payroll group leader's
function, does have a .leadership component which se.ts it apart .from the' clerks.
Examples of. this leadership component include the co-ordination of five {5)' 'clerks, .~.
attendance monitoring, and acting on the Supervisor's behalf when necessary (see.;
Position Specification). 'So Why give the same points to this job as the clerk's job?. In
'. .my opiniOn, the apparent conflict ' has .to be explained either by the fact that the jOb ; : ....
evaluation was wrong or that the Level Definitions associated with the system, could not
differentiate the types of leadership activities which were .being put before this Board.
There. is another, albeit m/nor, potential Conflict between the evidence' and. the jOb
~- 'evaluation scOring system, the TechniCal iSldll Area. If there was, as the Board states,
· ah'extensive Overlap,, surely the payroll group leader should have received Some.points
~' for skill (i.e. 20 points)Las did the clerks. In the absence of additional--evidence and
· based upon my findings with respect to the allocation of points 'Under Group
Leadership Skills and Technical Skills, I respectfully suggest that this Board should have
discounted the job evaluation issue in favour of the oral and written evidence.
· Regarding the nature of the position, I~ categorize the group payroll leader's job as
generally technical and one which flows from the payroll clerk's job but there are a ..
number of duties (i.e. daily)hand responsibilities (i.e. leadership) which differentiate the
job from that of the cl'erk's job and so making the job distinct. In categorizing the job !n -'
this way,'my assessment generally supports the evidence of Mr. Carrington and. Ms. ....
Hernandez.
.~i"!'.ni'turnin~ fo the job c0~etiiion',proc~ss',.it ~as generally agree~d by the tmion:that.the...
-'Employer .ran thd'c0mp'~tition in accordance with the recognized practices, set .out by.
the Grievance Settlement Board (i.e~ review person~nel files, systematic accumulation of
information, irrelevant factors not considered). The Union-did objeci to a number of
aspects. In the Award, the Board narrowed the many objections down:t6 the.following:'..
the weights associated.x/Cith group leadership skills (i.e. should be less than :payroll
kriowledge); :QUestion 5; the information contained in applications for employment
- should have be'eh factored in ·to the assessment;, and years of experience in payroll. .
should have' been'factored into the competition.. :
. The majority opinion took the position that the group leadership skills was of seconda.ry '
imPortance.to payroll skills and accordingly, payroll skills should have been· given a~
~ . ~ significantly greater weight'in evaluating the ~redentials of individuals.." I do not' agree, -' .' -.~ ...~
We heard from Mr. Cardngton'tha, t-these twO factors Were 'reiatively .equal;'.,however,:' ...
that 'is after the Competition was restricted to members of the'Ontario ·Public,Service . ~,'
due to.. the-.required payroll knowledge and after a preZscreening of applications ,.Was
..· conducted. It appears to-me that, with all apPlicants having to have payroll experience '~
" · in oi'fler to be considered for the position; that' factor-becomes the given.and therefore.,
you must lo6k to another relevant qUality(ies) to distinguish between the applicants. In
the Award} it was Pointed out that the overall relationship was 37% group leadership
-"' ",' skins and 40% payroll. ~ThiS'percentage-breakd°wn is not unreasonable.~.i '~
Question #5, I cOncur with the.majority;'however, it is well known that the onus is upon ,.
the UniOn to not only'prove' that there is. an error but that the error seriously effected
the end res~xlts~ If I am cOrrect on my other findings;' this defect.in the competition falls ' ~". ,~ · ~.,
into the category of,being deemed a flaw but,not seriously affecting the final outcome.
On the issue of the Employer's 'failure .to judge the academic background in the .'
assessment. This allegation is arguable and may not be significant to the final decision.. '..
The Award cited OPSEU (Poole) but it is my opinion that the circumstances were quite
different. Mr. Carrington staied: 'First .we' looked at the applications, we looked at
Personnel files'. ' He was again asked the same question in a different manner. ~ 'Mr.,
· Whitaker stated:' ~So you did applications, personnel file, tests, references' and Mr. '~,
Carrington said 'Yes'. It is logical to assume that the Employer reviewed or at least'was.-
aware of the educational background .of each candidate, specifically during the review
of the personnel files. It is interesting to note that the Union did not pursue this issue ' ..
to any gi'eat length nor establish that the Company erred save that the educational
) ·
"-' '~ ,'-.-ba~kgrbandwas. not directly identified in the competition. Since, this issue focuses ' .
,. ,', :' ;.' !.upon'?.Ms.' Primmer, ~.rw. 6 points'must be made. Firstly, by. he.r own .admis~i0n, her;'.
· .~.-. :-'"~dhcatic~nfii~' b'ackground 'may not.'l~aVe, been relevant..When asked/:uhd~;: cross .;('.'-~';~. :-.' "
~ .,...: ' ' examiha{ibh,: 'You..said .'people' never. asked you of teaching; shel rePli~d, "(I<'am' 'not ~.,
',~ '--~',.?, c°mplciiriing abOUt'ihat.-.it' iSabout ~the posit{on of group, leader'. Later~:_and along.'t~h~ + ', ~.', '.,..-. :.'- .,,,.
'~' '~.' :':"i s'aine'line 6f q~esfioning, ~she cfa'imed itwas ~not relevant.. I do not belie~' tfi~~ w~' 'a: ,.:'~'i~.,-'.:
· - flaw. but; even if there was, it related tO Ms. Prommer and the corrected flaw would not "' · ..
have'affected the final outcome, "
"' The most disturbing conclusion in the Award is the declaration that years of experience':..,
'as payroll ·clerk'should have been factored into the competition in a quantitative way. . · ' ..
On what' grounds? In argument, the union but forward the case' of~'OPSEU~:, ".. ~' .,
," (Hall/Power),: but :,surely that case is not relevant.· In that case, the grievor(s)'had ' ',..-..' ....
performed the job and with good results (i.e, performance). The Board found in that·~"~· .."
case that the results of the 'testing process were at odds with the grievor(s) actual on the
'. job,performance, In OPSEU (Hall/Power), the Board went out of its' way:t0'su~gest~ ~ .'·'..
that 'their findings w~re. restricted to the merits of' the case before it. The Award also '' ., ":. :, ~ :.
said, 'Nor are we ~asting doUbt on the test if it were applied in a situation ~Where ihe · :- ".' '~,. '. ': .....
"' ,' applicants had not actually performed and been 'evaluated in the posted, job..'. In the facts < . .
before. Us, neither'of the grievors had performed the job nor had they been evaluated in
the position.. :
In the case before this Board, we must remember that this was a restricted competition,
for.persons with experience.. Applicatio.ns were'pre-screened.·~ Mr. Carrington. .:'. ~
'suggested that a person with one .year of payroll experience and who has gone through' _"' ~' -
the payroll cy,cle would be eligible for consideration. In contrast, one,of the ,griev6rs
· felt'a person required ten years, On the weighing of such diverse opinions, we agree.
;with Mr.' Carrington. At the time of the competition, all ~three had more than enough .-
" 'Payroll experience. In the case before 'us, I think it is unreasonable to make such'a
declaration that years' of.experience as payroll clerk should have been-factored into the.
competition in a quantitative way. .,
In closing, I want to say that I do not doubt that Ms. Prommer and Ms. chaun are very.
good at their jobs.' I know that they~expressed a concern about their years of eXperience
opposite Ms. Hernandez, but years of experience do not always guarantee success in a
job competition, specifically under the language of Article 4.3. 'This competition was
done in a bona fide way and the criticisms received, taken either· shagularly or
collectively, do not point to a critically flawed competition and one which should be:
rerun..
For all of the above reasons, I would have dismissed the grievance.
DAVID D~