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HomeMy WebLinkAbout1977-0043.Lynch.78-02-14CRO&N. EMPLOYEES 416/964 6426 suite 405 GRIEVANCE SETTLEMENT 77 azcor street ast TCRC3TO. Cn tcrio E0AR0 M5S lP12. Between: Before: IN THE MATTER OF AN ARBITRATION Under The CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before' THE .GRIEVANCE SETTLEMENT BOARD Mrs. Carol N. Lynch and The Ministry of Health (Brockville Psychiatric Hospital G. W. Adams - Chairman G; Griffin - Member H. Simon - Member For the Grievor: ' Mr. N. Luczay Ontario Public Service Employees For the Employer: Mr. George Kytayko Personnel Ministry of Health Hearinp: January 27th, 1978 Suite 405, 77 Bloor St. W. Toronto, Ontario Union ‘7 50% - l- In this grievance Mrs. C. N. Lynch grieves that she has been improperly classified. She has been employed with the Ministry of Health, Brockville Psychiatric Hospital since October 17th, 1963 and has occupied the position entitled Secretary to the Director of Nursing since July 17, 1971. She is currently classified as a Clerical Stenographer 3 (Class Code 52004) and the classification sought by the grievor is Clerical Stenographer 4 (Class Code 52006). The parties agreed that position specification ;05-9141-09 dated April 1, 1977 is a fair and accurate description of Mrs. Lynch's duties. The specification reads in part: SUMMARY OF DUTIES AND RESPONSIBILITIES 1. Performs general secretarial duties including: taking dictation in shorthand and transcribing and typing from shorthand notes, handwritten drafts, or dictaphone, all required correspondence, reports, memoranda, forms, stencils, performance evaluations etc; taking and transcribing minutes for Nursing Department meetings and acting as back-up secretary in absence of regularly assigned secretary for major meetings; reserving rooms for meetings, and preparing, typing and distributing agendas of n;eetings; composing and typing routine letters on own, by signing own signature or passing on to Director or Nursing Administration Staff for signature; assisting in editing sensitive and confidential correspondence for Director (i.e. responses to enquiries from patients relatives, disciplinary letters, policy and procedure drafts, responses to enquiries from Administrator, etc.); initiating follow up action on correspondence, reports. etc. as required; arranging travel finances, accommodations, registration, etc. for seminars, conventions, etc. for Director and 01 Nursing Staff; opening, screening and routing incoming correspondence for the entire Nursing Department, attaching necessary files and our previous correspondence for the appropriate situation. 2. Performs Receptionist and Clerical Duties by: screening all telephone calls and visitors, providing necessary information using 30% tact and discretion and/or taking and relaying messages to Director and/or other Nursing Staff; eg. in event of patient's death, all -2- ( communications are co-ordinated through the Nursing Office i.e. nursing assistance for coroner's autopsy, funeral arrangements (pallbearers, transportation, flowers,, etc.); keeping informed of Directors whereabouts to facilitate prompt contact; reporting and recording staff attendance, following the procedure established in the Nursing Department; assisting with the distributing of indigent patients' pin money on a weekly basis; ensuring that newly admitted patients' personal effects are recorded by Pin Money Clerk and receipt for same is returned to ward; _ picking up, sorting and ,distributiny pay cheques to Nursing Staff; initiating and maintaining files on all Nursing Staff; rzintaining card index file to ensure all Nursing Staff are currently registered i.e. R.N. or S.W.A; completes or ensures the proper completion of forms re maternity leave, leaves of absence without pay, educational assistance, staff requisitions etc; preparing expense accounts and travel advances for Director and or Nursing staff; initiating and maintaining Nursing Office filing system; ensuring that Nursing Policy and Procedure Manuals (3) are maintained on current basis. (- 3. Supervises 1 Full Time and 1 Part-time Clerical Typist by: providing technical supervision: spot checking typing and calculation to ensure work is performed within required standards of neatness and accuracy; 15% assigns work in accordance of priorities and incumbents respective skills; training new staff; evaluating performance of subordinates on regular basis; participating in the selection of staff. 4. 5% Performs other related duties including: participating in the performance of duties in absence of Nursing Office typist and Nursing Office Clerk d.s required. However this description of her duties and responsibilities was supplemented by the testimony of the grievor and her immediate Supervisor, Mr. Mathias Hugel. Mrs. Lynch,speaking of the duties sununarized in paragraph one of the position specification, told the Board that she collected information from the different files under her control for various reports, forms and surveys. She administers and "sets up" all the nursinp personnel files for the 280 people who re- port directly to the Director of Nursina. With reference to paragraph two duties entitled Receptionist and Clerical Duties, the Board was ad- vised that she supervises a full time typist and, until a few weeks before -3- the hearing,a part-time typist as well. The typist does the more routine clerical work and answers the "general telephone calls". The grievor assigns work to the typist and supervises her work. As well, the grievor prepares reports at the end of each month that pertain to accidents and out-patient incidents. On a periodic basis she collects signatures indicating that employees are fami1ia.r with the hospital's disaster plan and ensures that personal evaluations are completed for each employee and kept up to date. She also makes certain that the medication report is kept current. The grievor records the coming and going of the nursing staff. She records absences and the,related reasons and in this regard completes attendance sheets which are sent to the Payroll Department on a bi-weekly basis. When someone is sick the grievor is called and she arranges for a replacement. In conjunction with the Assistant Director of Nursing the grievor . supervises the distribution of so called !'pin money" to indigent patients. The grievor is required to monitor sick time leave for employees and reminds unit co-ordinators that medical certificates are required for those,.employees whose absences exceed three months. She told the Board that it was within her power to grant time off to the typist she supervises. When asked whether her job functions had changed since 1972, she said that the volume and responsibility of her work had increased. She said that more information must be retrieved and reports prepared than ever before and she initiates and completes many of these reports on her own. However she could i .- 4 - c not think of any previous responsibility of the Director which had been delegated to her.' Her clerical duties have apparently increased since the Department lost the services of the part-time clerk. Mr. Hugel, the Director of Nursing confirmed the general context of her secretarial duties. He said she keeps personal files for all staff and keeps him "up to date". She executes the references checks for job applicants. She answers his telephone. He advised that she prepares a number of reports on a periodic basis. They include (- personal evaluations, registrations, complement control, budget etc. He said that "she doles out the work that I dole out". He thought that he demands more of her than previous directors had and that the general freeze on hiring in the civil service meant that she and the typist "had to pick up the slack" , I In cases of this kind the Board is limited to an assessment of what the grievor does against 1) the relevant class standards and/or 2) the duties performed by some other employee whose position has been included in a more senior classification. While a bargaining agent, once granted representative rights, may bargain with respect to the classification and job evaluation system to be employed by an employer, it is the exclusive function of the employer actually to classify positions. Under section 17(Z)(a) of The crown Employees CdleCtiVe Bargaining Act employees are given'the right to challenge the Propriety of the resulting allocation of their position to one classification as opposed to another. However the Board has said on a number of occasions that a grievance filed under this provision i -5- ( cannot challenge the classification system itself or the pay assigned to a job once classified. Rather the question before the Board is simply whether the classification system in use was properly applied to the position of the grievor. As noted, in making this determination the Board looks at two principal considerations - the documented classification standards against which the grievor's position was classified and secondly the application of purported applications of those standards to other positions involving identical or nearly identical work to that which the grievor performs. This latter consideration is relevant because the actual classification practices of the employer may substantially modify the documented standards relied.upon and because the treatment accorded other employees is very often the underlying reason for grievances of this kind. (' The grievor did adduce evidence with respect to the classification treatment of another employee alleged to perform duties identical to her own. But because all of the evidence reviewed thus far pertains solely to the grievor's job duties we will first assess the propriety of her classification against the relevant classification standards. The grievor does not contest the fact that her job was placed within the Clerical Stenographer Series. This series has 5 classes and its preamble reads: This series covers positions which require shorthand (or speed-writing) md/or'dictaphone and typing to Civil Service Conmission standards in combination with a siqnificant element of clerical work. Allocation to the various levels within the series is based on the complexity of the clerical work and degree of responsibility assigned to. the incuirbent. Normal1 y, the fourth and -6- fifth levels cover supervisory positions, and the third level cover.s group leader positions; however, non-supervisory positions can also be incl.uded at any of these levels. The clerical duties involved in these positions vary widely in both type and level. Although individual clerical duties may be comparable in level to those found in positions in corresponding Clerk, General classes I the total clerical function is generally somewhat lower. A small proportion of the employee's time may be spent in operating office appliances. From this general statement of purpose it can be seen that differences in the classifications within this series relate to complexity in clerical work, responsibility and supervisory duties. But this statement alone sheds little light on the grievance. It's necessary to consider the specific class standards. The class standard for the grievor's present classification - Clerical Stenographer 3 - appears as follows: This class covets positions of employees who teke dictation in shorthand or speed-writing and/or dictaphone and transcribe letters, memoranda, reports and other material and perform varied semi-routine clerical tasks according to approved procedures or special instructions. They are responsible for independent completion of somewhat complex clerical work performed according to established precedents involving contact with other departments or the public through correspondence composed by themselves. They are, however, required to refer doubtful matters not covered by precedents to their superiors. In .some positions. they train and supervise a small subordinate staff in.~routine clerical, stenographic and typing duties. Much of the work of employees in these positions is reviewed only periodically, principally for adherence to policy and procedures. Zrrors in their work could result in loss of time, duplication of effort.and sane inconvenience to the public. They are responsible for maintaining good working relationships in all contacts with other employees and the public. They prepare reports, simple statements and memoranda requiring judgement in the selection and presentation of data. They, being responsible for following up errors or omissions, review and verify a variety of docuwnts to ensure confortity -7- with established regulations and practices. In other positions, they periodically summarize and balance entries to original records, in- vestigating discrepancies and making needed corrections. SKILLS dND KNOWLEDGE: Initiative in organizing and completing work assimnents; good knowledge of statutes, and regulations pertaining to work assignments; ability to direct the work of others. This standard on its face seems well suited to the grievor's actual job duties. TO varying degrees she performs all or most of the duties outlined in the standard and none of her job duties would appear to fall clearly outside this documented standard. Clerical Stenographer 4,the jab classification to which she aspires,reads: This class covers positions of employees who take dictati;on in shorthand or speed-writing, and/or dictaphone, but are mainly involved in the performance of various clerical or administrative tasks of a responsible nature requiring considerable knowledge of the operations and procedures of the organizational unit. They make decisions which entail~the exercise of some independent judgement based on a good understanding of specific statutes atid regulatiofis. These employees initiate correspondence concerning their work and may interpret the general instructions of their superiors into detailed procedures -to be followed. , dlthouyh they refer questions involving interpretation of policy to their superiors, these employees normally receive specific instruction only in unusual or special problems. Most of the work is performed under cczditions which permit little opportunity for direct supervision by others. In most cases, these are supervisory positions with responsibility for organizing the work flow of a number of clerical, clerical typing or clerical stenographic positions. In such positions, these employees have some responsibility for selection of staff, assignment of duties, and discipline. In other cases, employees in these positions prepare or evaluate, assess and correct a variety of statements, applications, records and material by checking for co&eteness, and conformity with specific statutes, rules, regulations, ed- ministrative orders and practices. They may authorize adjustments, determine eligibility and rrake recommendations -a- regarding the financial payment or other appropriate action. Discovery of errors in their work would lead to the embarrassment of superiors and could result in monetary loss. SKILLS AND KNOWLEDGE: Good knowledge of statutes and regulations related to the work; ability to supervise the work of subordinates; good knowledge of office methods and procedures. This class standard contains a number of duties that are somewhat less reflective of what the grievor does but it cannot be said that are clearly inapposite or inapplicable.. Fine gradations within a series f relating to aeneral clerical and stenographic skills are bound to create demarcation problems at the margin of contiguous job classes. This case is no exception The class standard (#4) stipulates that the positions of this class are mainly involved in the performance ofvarious clerical or administrative tasks of a responsible nature requiring considerable knowledge of the operations and the procedures of the organizational unit. Cnfortunately the grievor's position specification uses the term "secretarial" in paragraph one and on the evidence of the grievor and her supervisor includes duties,for example the preparation i of reports, that could also be referred to as administrative duties, Thus in determining what the position "mainly involves" the percentage values beside each paragraph are not as helpful as they might, at .first glance, seem to be. An additional complicating factor is the fact that the grievor'allocates the more routine clerical work to her full time typist which leaves her (the orievor) with the more comolicated and responsible clerical functions in the deoartnent. This is also the , i . ( case w ‘1 genera 1 -9- th respect to the receptionist duties. The typist handles the telephone calls and the grievor answers the Director's telephone. The also standard notes that most of the work is performed under conditions which permit little opportunity for clerical supervision by others". In this regard we would have preferred more evidence from both parties on what we have before us particularly with respect to the duties of the Assistant Director of Nursing but we could not say the griever's duties fail to meet this requirement. The grievor does not supervise ~a number of other positions but she does supervise one other employee and for a substantial period of time supervised two employees. Moreover the nursing office is an important centre for organizing a flow of information that pertains to the personnel arrangements of the nursing Department. However any deficiencies of the position in these respects is not of great significance but as the task paragraph notes the supervisory requirement is not a mandatory feature of the class. An equally important complex of duties may, alternatively, relate to the preparation and evaluation of a variety of records, statements, etc. and the grievor's report of preparation duties fall within this paragraph. It might also be observed that the last sentence of the last paragraph of the class standard is not particularly helpful because it contains permissive language. Accordingly when only the class standards are examined we are of the opinion the grievor's job might be appropriately classified within either the third or fourth classification. This overlap in standard is unlikely to have been intended but in our opinion the result flows from the very fine gradations:found in the series and ( - 10 - the .failure to use comparable terminology in the position specification. (' The parties advised the Board that all other department heads in the hospital supervised an employee classified as a Clerical Stenographer 3 but all of these departments are considerably smaller than the Nursing Department and other more senior administrators in the hospital were assisted by employees classified above grade 3 and one or two of the people may even occupy senior positions falling within the secretarial series. However all the evidence with respect to similar jobs within the hospital was very incomplete and therefore of no assistance to the Board. Accordingly with the burden of proof in cases of this kind residing with the grievor, we would have dismissed the grievance had no further evidence been tendered. This is because, to this point, all the grievor has established is that either class in question is appropriate or proper and not that grade 3 was and is improper. However the grievor called Mrs. Beverley Alexander employed at the Whitby Psychiatric Hospital as a witness. Mrs. Alexander is the, secretary to the Director of Nursing at that hospital and she is classified as a:' Clerical Stenographer 4 and has been since 1972. The complement of nurses at the Whitby Psychiatric Hospital totals 324. She, like the grievor, supervises one other employee classified as a Clerical Stenographer 2 and she assigns work to that person. Mrs. ' Alexander's position specification was entered into evidence and it appears as follows: - 11 - Previous Position Title secretary Clerical Stenographer 4 52006 05-9832-30 Director of Nursing 05-9832-01 Health Direct Services Psychiatric Hospital Nursing Whitby Psychiatric Hospital Semi ces Box 613 Whitby, Ontario To provide Secretarial services for the Director of Nursing and supervise subordinate clerical/stenographic staff. SVMMARY OF DUTIES AND RESPONSIBILITIES I 1.5% 80% 20% 5% 1. Supervises subordinate staff by: - orienting and training in relevant procedures - outlining specific job requirements - assigning duties - approving time off and arranging vacations - maintaining attendance records - reviewing performence and writing appropriate evaluation and reports - takes disciplinery action - assists in selection of staff. 2. Performs secretarial duties for Director of Nursing by:- taking dictation and typing correspondence, memos and reports, etc. - composing correspondence as required - screening and distributing mail - obtaining background information on items requiring supervisor's specific attention - receiving and relaying messages, making appointments, preparing outgoing mail - taking and preparing minutes for various nursing committees - receiving visitors and answering inquiries. 3. Performs general administrative duties by: - determining work procedures and priorities - establishing and maintaining appropriate filing and record systems - reviewing effectiveness of office methods and implementing required changes - maintaining familiarity with personnel, hospital and nursing directives. 4. Performs other related duties, as :equired Recommend allocation to Clerical Stenographer 4 (52006) . - 12 - 1 Grade 12 education and four years clerical stenographic experience. Ability to supervise staff and maintain effective office procedures. Department of C.S.C. standards in shorthand and typing. D. Kidd - Director of Nursing Ken Sheehan - Eospital Administrator Clerical Stenographer 4 52006 GS - 6h Primarily involved in clerical and administrative tasks of a responsible nature. Initiates correspondence concerning her work. Mrs. Alexander testified that she drafted the wording of this document. She testified that her secretarial duties were more in the order ( of 50% of her total job duties, with her administrative duties making up 30%. But be this as it may, what is interesting about her specification is their use of the word "administrative" to identify the report preparative duties that she performs. However when the actual content of these duties are examined it-will be seen that most if not all of the duties were described by the grievor as being part of her secretarial duties. Also of note is the fact that Mrs. Alexander is not "mainly involved in the performance of various clerical and administrative tasks of a responsible nature" as the standards of Clerical Stenographer 4 require. Rather 50% of her work is secretarial as is so for the grievor's position. i Mrs. Alexander testified that she determines the work procedures in the Nursing Office and establishes priorities. We take the grievor's evidence and Mr. Hugel's comment that she "doles out" what he "doles out" to mean substantially the same thing. On her own initiative Mrs. Alexander revised a form reporting nursing staff illnesses and she gave this as the only example of how she reviewed the lil . f - 13 - effectiveness of office methods. However the grievor would appear to have the same responsibility although no specific examples were given to show how this responsibility was exercised. The grievor and Mrs. Alexander have identical responsibilities with respect to the preparation of reports relating to the nursing staff and accidents. Mrs. Alexander performs no general receptionist duties, answering the telephone only for the Director. But while the grievor's position specifications indicates she performs receptionist duties, in fact the employee under her supervision does this and the grievor only answers the Director's telephone. ( Mrs. Alexander indicated that she sometimes assigns nursing staff in emergencies but when this duty was reviewed in detail it appears to consist of on an occasional basis, reporting a personal need from one head nurse to another who can respond to it. Mrs. Alexander told the Board she co-ordinates fire drills in the sense that she receives the reports which document their execution. However this responsibility seems quite.similar to the griever's "disaster plan" duties. One difference in job duties is that Mrs. Alexander has no responsibility for nursing staff personal files although it is unclear what percentage of the c grievor's duties is taken up dealing with this responsibility. Having reviewed this evidence in considerable detail, we have come to the conclusion that Mrs. Alexander and the grievor perform almost identical job,~duties. This evidence therefore supports the grievor's claim that she has been improperly classified. In our view this evidence shifted the evidential onus to the employer to establish affirmatively that, having regard to different organizational structures of the two hospitals or to the different management styles of the directors d - 14 - ( involved, the difference in classification between the grievor and Elrs. Alexander is supportable. The employer, in our view, failed to do this and therefore the grievance must succeed. The grievor is to be paid any difference in earnings from the date the grievance was filed. The Board retains jurisdiction with respect to compensation and should the parties be unable to determine the precise monies owing, will entertain a request from either party to determine the issue. Dated at Toronto this 14th day of February 1978. G. W. Adams Chairman I concur G. Griffin Member I concur H. Simon Member i