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HomeMy WebLinkAbout1976-0078.Farmer et al.77-06-1678176 CROWN EMPLOYEES 416/964 6426 GRIEVANCE SETTLEMENT EOARD Suite 405 77 BZoor Skeet ?est ~~O.FO~~TO, &ta~io ?.I.% 1 K? IN THE,MATTER OF AN ARBITRATION Under The CROWN EMPLOYEES COLLECTIVE BARGAINING AC7 Before THE GRIEVANCE SETTLEMENT BOARD Before: For the Grievor: For the Employer: Hearinq: Mr. K. Farmer et al And Ministry of Transportation and Connnunications D. M. Beatty Chairman Andre Fortiler Member Dan Anderson Member N. Luczay - Classification Officer Ontario Public Service Employees Union N. H. Pettifor Staff Relations Supervisor Personnel Branch Transportation and Communications May 16, 1977 Suite 405, 77 Bloor St. W. Toronto, Ontario In the grievances they filed with this Board Messrs. K. Farmer, D. Underwood, J. Dougherty, 2. Kysenych, R. alack and G. NcCutcheon, all presently employed in the Ministry of Transportation and Comnunications' Central Region as Highway Construction Inspectors 3, complained that, as such, they are improperly classified. After listening to the evidence adduced to support their claim and the arguments flowing therefrom this Board was of the opinion, for the 9 reasons which were discussed in more detail at the conclusion of the hearing, that their grievance could not prevail. Succinctly, because of the paucity of evidence which was put before us, this Board could not, with any confidence, accept the proposition that the changes that have admittedly taken place in the job duties of these employees amounted to such a substantial qualitative change in their job function as to affect the character and essence of their job. See ~Wlerally'Canadian Labour Arbitration Topic l/5:2410. Put somewhat differently in the absence of any specific evidence describing, inter alia, the skills and qualifications that are necessary to perform their new and additional duties,:or the working conditions under which they were rendered, there was simply no basis on which this Board could question the employer's claim that these alterations in the job function simply amounted to a re-allocation of existing duties all of which fall within the present class standard. However and for a variety of reasons this Board also recommended that in the circumstances of this particular case and in the interests of sound employee-employer relations,the parties should undertake a fresh review, on the merits, of the changes that 3. have occurred in this job function in order to determine whether a reclassification is warranted. Specifically, because this Board was not, for the reasons given, able to pass on the qualitative nature of the changes that have evolved in the duties of a Highway Construction Inspector, because at one time it would appear that the Civil Service Comnissions did recomnend that a reclassification was in order and because there was some evidence before us that the employer may have rejected that recommendation, in part because the circumstances of these employees were not materially different from other liighway Construction Inspectors in other regions of the Province, this Board urged parties that it might well be in their mutual best interests to thoroughly review this matter de novo. In light of that recommendation and for the reasons given at the hearing, this grievance must be dismissed. Dated at Toronto this 16th day of June 1977. D. M. Beatty Chairman I concur .Andre Fortier Member I concur D. Anderson Member