HomeMy WebLinkAbout1978-0166.Wheeler.79-05-04Between:
IN THE MATTER OF AN ARBITRATION
Under The
CROWN EMPLOYEES COLLECTIVE BARGAINING
Before
THE GRIEVAHCE SETTLEMENT BOARD
Mr. J. S. Wheeler
And
The Crown in Right of Ontario
Ministry of Correctional Services
ACT
Before: Professor K. Swinton
Mr. V. Harris
Mr. H. Simon
Vice-Chairman
Member
Member
For the Grievor:
Mr. W. Lokay
Classification Officer
Ontario Public Service Employees Union
For the Employer:
Mr. J.‘ Benedict~
Manager, Compensation & Staff Relations
Human Resources Management Branch
Ministry of Correctional Services
Hearing:
January 24th, 1979
Suite 2100, 180 Dundas St. W.
Toronto, Ontario
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This is a classification grievance under s. 17(2)(a) of The crown
EmployeeS Collective Bargaining Act, in which Mr. J. S. Wheeler grieves
that he has been incorrectly classified as a Clerk 2, Supply and asks
that he be classified as a Clerk 4; Supply. Mr. Wheeler holds the
position of Stores Clerk at Burtch Correctional Centre. He took up that
position on April 10, 1978, having been transferred from Glendale
Correctional Institution on its closing.. At Glendale, he had been a
Clerk 2, Supply.
From 1972 until April 1, 1978, the position which Mr. Wheeler . j
fills was entitled Assistant Storekeeper and classified as Clerk 4,
SUPPlY. According to the evidence (Ex. 7 - letter of J. C. Moclair to.
J. S. Wheeler, May 23, 1978), Mr. Wheeler was notified of the change in
classification to Clerk 2, Supply prior to his transfer. According
to counsel, the Ministry believed that an error in classification had
occurred, and on the vacancy in the Assistant Storekeeper position,
steps were taken to correct this apparent error.
Mr. Wheeler grieves because he believes that there has been no
significant change in the duties which he performs from those performed
by his predecessor, Mr. Albert Sangster. He argues alternatively that the
employer is estopped from altering the classification of his position; that
the employer has created a new position (Stores Clerk) which is equivalent
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to the previous position of Assistant~storekeeper; or that the employer
erred in not classifying this position as Clerk 4, Supply.
According to the evidence, the stockroom at Burtch is
operated by a Storekeeper, a Stores Clerk, and 5 to 10 inmate
helpers. The stores operation involves receiving and distributing
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general stores for the Correctional Centre, as well as receiving
and shipping industrial products from the Centre's fruit and
vegetable canning operation. The duties associated with the
grievor's job as Stores Clerk are found in the position
specification for that position (Ex. 5). The purpose of the
position and general duties are as follows:
PURPOSE OF POSITICW
To perform general stock-keeping duties in the Burt& Correctional
Centre storesroom
To perform the duties of the Storekeeper during absences.
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SUMMARY OF DUTIES AND RESPONSIBILITIES
1. 85% Provides qeneral'assistance to the Storekeeper by performing
duties such as Unloads incoming goods from supplies, supervises
assigned inmate helpers. Opens containers and checks contents
against invoices for type, quantity and quality; notifies
supervisor of any discrepancies. Placesmaterial in proper
bin or storage area and adjusts balance on bin cards. Issues
material to institution staff against authorized requisitions
and makes entry on bin card, e.g. Kitchen order, Inmate order.
Maintains daily records of transactions'of goods received. .-
Prepares stock requisitions , receiving slips, shipping bills,
bills of lading, etc., as required. Keeps perpetual inventory
and notifies Supervisor of stock depletions and requirements. ,...
Ensures the stores area is kept clean and neat. Maintains a
record of gasoline purchases; Assists supervisor in reconcil-
ing balances of stock monthly from print-outs; as assigned.
2. 15% Performs the duties of Storekeeper (19-3152-17)
during vacations, illness and other absences.
NOTE: Provides correctional supervision of inmate helpers
for majority of working tims. (SALARY NOTE K-l CRA)
SKILLS AND EEOWLBDGE REQUIRED TO PERFORM THE WORK
TWO years, preferably four years' secondary school. Ability to
maintain accurate records. Previous stockroom experience. Ability -
to supervise inmate helpers:. Good physical condition.
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A comparison between the position specification for the Stores Clerk
(Ex. 5) and that for the Storekeeper (Ex. 8) shows that there is a great
deal of overlap between the two positions with regard to the duties of
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receiving and distributing general stores and supervising inmate
helpers. The Storekeeper takes primary responsibility for handling
the industrial products, with the Stores Clerk only stepping in if
he is absent. This component of the Storekeeper's' job, while 25%
according to the position specification, is closer to 65% according
to the evidence of the grievor and of,Albert Sangster, the Storekeeper.
The grievor gave evidence that while he performs the duties -.
set out in the position specification for the Stores Clerk (Ex. 5),
the degree of responsibility and authority which he exercises_,is not
accurately reflected in that document.~ For example, he not only
unloads incoming goods and opens containers; he also rejects shipments
which are damaged or which fail to comply with the order. If his
supervisor, Mr. Sangster, is not at hand, Wheeler has authority to
reject goods and he notifies Sangster later. In addition, Wheeler
testified that the percentages assigned to the job duties are inaccurate,
for he believes that he performs the Storekeeper's duties 35% to 40%
of his time. As mentioned, there is a great deal of overlap in the
duties of the two positions. Wheeler also testified that Sangster
is absent from the Stores Area at various times during the day,
dealing with special shipments or dealing with the industrial products.
Wheeler says that he is then in charge of,the Stores Area and responsible
for supervising the inmate helpers.
Wheeler's evidence was confirmed by Mr. Sangster's evidence.
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Sangster testified that the duties performed by Wheeler are the same
.as those performed by Sangster as Assistant Storekeeper from 1972 to
April, 1978. He agreed with Mr. Wheeler that the position specif-
ication for Stores Clerk (Ex. 5) fails to reflect adequately the
duties performed by Wheeler, such as the authority to reject unsuitable
shipments and the assumption of responsibility for the Stores Area
when Sangster is elsewhere, whether on the grounds or absent. He
noted that increasing paperwork associated with the industrial products
operation has increased the burden on the Stores Clerk in the general
stores area. Sangster said that while the grievor was responsible
for the operations of the Storesroom in Sangster's absence, ultimate
responsibility remained with Sangster.
Evidence was also presented by Bob Stuart, Office Manager
at Burtch. He said that,Sangster has continuing responsibility for
the operation of the Stores Area while on the Centre's grounds.
Wheeler is responsible only in Sangster's absence. He also agreed
that Sangster's increasing workload in the industrial operations
increases the grievor's work in the general Stores Area.
The grievor claims that his job has been improperly classified
as Clerk 2, Supply. In classification grievances, the Board looks to
two questions: (1) does the grievor's job, measured against the
relevant class standards, come within the higher classification which
he seeks; and (2) even if he fails to fit within the class standards,
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are there employees performing the same duties as the grievor who
are included in the more senior classification? (me Lynch, 43/77
at 4; Re Rounding, la/75 at 4).
The relevant class standards~ are found within the Clerk
Supply Series (Ex. 3). That series, begins with a Preamble, which
is important to the disposition of this case:
Many factors, such as the maintenance of
the necessary ledger or other records, inventory
control, establishnmnt of minimum - maximum
requirements etc., are common to all stockrooms
and vary significantly only to the extent that
the size of the stockkeeping function varies.
Thus, the overriding criterion in making al-
locations in this series is the size, as defined
in this preamble, of~the~stockkeeping~function
rather than any variation in the clerical or
administrative functions associated with it.
Supervisory positions covered by the
classes Clerk 3 to Clerk 6, Supply~will be
assigned to one class higher in the series
if purchasing, as defined below, is one of
the functions requiring a minimum of 20% of
the working time.
DEFINITION:
Size of Operation:
Because of the tremendous variation
in the nature and organization of StockkeePing
functions between departments, the number of
staff required for the operation of a
particular unit is the only practical basis
of comparison for classification purposes,
in all departments except Health and Reform
Institutions. In the latter departments,
patients or inmates are often employed in
stockkeeping operations. Consequently in
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Ontario Hospitals, the size, in terms of
bed capacity, is the criteria used. The
size alone of a Reform Institution ignores
the possible existence of industries., which
complicate the stockkeeping function,
therefore the value of annual stock turnover
is used as a basis of comparison for the
determination of level.
Stockrooms having less than 100
different types of stock are, for the
purpose of this class series, considered
to be equivalent~to specific specialized
sections of larger stockrooms, and the
positions will be classified 'accordingly.
Types of Stock:
Each type of stock normally requires
a separate bin card and consists of.a number
of identical items.
Stockroom:
. . . . .
An area specifically designated for
tbe.receipt, secure storage and issue of
equipment and/or supplies and which requires
the full-time attendance of one or more
employees. .Cabinets, closets or cupboard
lock-ups used for the storing of small
quantities of materials are excluded.
SVDSIDIARY STOCKROOM:
A stockroom which is physically separated
(remotely or by partition or as a secure compound)
from the other supply areas and which, although
operated as an :entity, forms part of a larger
unit of supply organization.
Specialized Section:
A component unit of a large stockroom
having a specialized function e.g. plumbing
supplies, clothing, linens, office supplies,
etc. which may or may not be physically
separated or partitioned from the main supply
area.
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Apart from the exceptions mentioned above,
the sixes of stockkeeping operations are defined
as follows:
Small Stockroom - This is a small stockroom
operated by one employee or
by one employee and an
assistant.
Medium Stockroom - This is a stockroom which
requires a supervisor and two to four subordinates.
Large Stockroom - A stockroom which requires
a supervisor and five to
nine subordinates.
Very Large Stockroom - A stockroom which requires
a supervisor and a minimum of . ten subordinates.
Supervision:
Positions supervised include only those‘filled
by temporary or permanent~civil Servants or by con-
tinuously employed public servants who report to the
supervisor for discipline, work assignment and ad-
ministrative control. This includes all clerk supply,
clerk general, machine operating, clerk messenger
and driver positions concerned in the overall
operation of the duties assigned to the stockroom
supervisor.
No credit for supervision will be given for
non-continuous help, or for employees temporarily~
on loan from other organizations. Neither is
credit given for employees who report to the
supervisor purely for administrative convenience,
when these employees are not involved in the
~operation of the stockroom or any of the auxiliary
duties assigned to it.
. .
2.
Thus, the important criterion for classifying Clerk Supply positions is
the size of the stockroom, as reflected in the number of staff, except
in the Health and Reform Institutions. In the latter case, annual
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stock turnover value is used for classifying.
The position specifications for Clerk 2, Supply and Clerk 4,
Supply are as follows:
CLERK 2, SUPPLY
CLASS DEFItiITIOKi:
This class covers the positions of employees
performing a variety of routine manual and clerical
duties in stockrooms. Under general supervision,
they carry out a number of the various tasks
connected with the receiving, storage, handling
and distribution of a wide variety of equipment
and supplies. They check incoming shipments
against weigh bills for shortage and damage in
transit; check quantities against packing slips
and purchase orders; contact suppliers regarding
short shipments, delays,~back orders etc; place
items on shelves or bins, adjusting bin cards
to keep perpetual inventory. They also.maintain
stock ledgers or cards showing the receipt and
issue of all articles including the value of
items on hand. They assemble orders for
authorized requisitions; tag and address
shipments; contact the conveyor and complete
necessary records for the transaction.
This is a terminal class for employees who
perform in a supply area, simple clerical duties
'in conjunction with tasks requiring the frequent
application of considerable physical effort or
the operation of mechanical equipment.
QUALIFICATIONS:
1. Grade 10 or equivaIent in academic training and
practical experience with a good working knowledge.
2. A minimum of two years' stockroom or. related
experience.
3. Ability to follow simple, specific, oral or
written instructions; ability to maintain
clerical records; good physical condition;
personal suitability.
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CLERK 4, SUPPLY
CLASS DEFINITION:
This class covers the positions of employees
who, under general supervision, have full re-
sponsibility for the operation of a small stockroom
where the work volume may require one full-time
assistant. They ensure the careful checking of
incoming stock; the shipment of stock against
authorized requisitions, and the security of the
stockroom. They decide minimum maximum require-
ments: requisitionsupplies; keep a perpetual
inventory;
maintain all necessary ledger records
and prepare reports of the operation for the
supervisor.
This class also covers the positions of'
employees in charge of a specific specialized
section of a large stockroom, involving supervision
of two or mre subordinates: the maintenance of all
stock records in their area and,the completion of
reports for their supervisors.
This class also covers positions of employees
who are second in charge of a large stockroom where
the,organixation is not.broken downinto.recognixed
units as above. To qualify for this classification
positions must have continuous responsibility for
the efficiency of the operations, work assignments
and solution of day to day problem and would
assume supervisory charge of the stockroom
during the supervisors absence.
This class covers the positions of supervisors
in reform institutions in charge of centralized
stockkeeping operations with an annual stock
turn-over value of less than $150,000.
This class also covers the positions of
supervisors in charge of a centralized stockkeeping
operation in Ontario Hospitals with fewer than one
hundred beds.
QUALIFICATIONS:
1. Grade 10 or an acceptable equivalent of
academic training and experience.
2. A minimum of four years' experience in
stockroom work.
3. Ability to maintain records and follow
specific writtenand oral instructions;
a good knowledge of the type of stock
involved; good physical condition;
supervisory ability; personal suitability.
The union's first argument with regard to this grievance
was that the employer is estopped from changing the classification
of this position, having used it so long. Reliance-was placed on
the decisions of Re Schmidt, S/76 and me Soaper, 47/77. fin Schmidt,
the employer raised the classification of the grievor's job in
December, 1975 from Environmental Technician 3 to Environmental
Technician 4. There had been no change in the duties associated with
his job, which led him to argue that the reclassification should have
dated from January 1, 1975. This Board agreed that the employer was
estopped from arguing that the employee had been performing the
duties of the lower classificatidn throughout that period. The Schmidt
case is quite different from the present case. Here, the employer
is arguing that the Stores Clerk position had been improperly classified
for several years, and that it is now properly classified. In Schmidt,
the employer's reclassification without any change in job duties can be
regarded as a representation to the effect that the earlier classification
was incorrect and that the higher classification was proper for someone
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performing the grievor's duties. In the present case, there was no
representation to the grievor that the job duties which he was
performing were those of the higher classification. Before his
transfer to Burtch, he was notified of the reclassification of the
job. The employer, in the case of the grievor, cannot be estopped
from reclassifying the job if, in fact, there was an error in the
classification. The.situation might be regarded differently if
the grievor had been an, incumbent in .the job at the time of reclassification,
but that issue need not be determined in this particular case.
The union also argued that the position of Stores Clerk was _
a new position with job duties identical to the Assistant Storekeeper
position. Therefore, it should be classified as Clerk 4, Supply.
Mr., Benedict for the Ministry stated that there was no attempt to
create a new position and that the Ministry was claiming that it erred ,~
in the original classification of the Assistant Storekeeper position. . .
The change Ian title was not an attempt to create:anew jo6. A
comparison of the job duties (Ex. 5 & 9) would indicate that indeed
the two positions were the same.
Therefore, the real issue for determination before this Board
is whether the Ministry erred in its original classification of this
position. This Board need not enter into an extended discussion of
the scope of the employer's right to reclassify jobs, nor with an
interpretation of article 5.4 of The Working Conditions Agreement
. . . .
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(February 1, 1978 to January 31, 1979). That article reads
Where a position is reassessed and
is reclassified to a class with a
lower maximum salary, any employee who
occupies the position at the time of the
reclassification shall continue to be
entitled to a salary progression based on
merit to the maximum salary of the
higher classification,including any
revision of the maximum salary of the .-
higher classification that takes effect
during the salary cycle in which the
reclassification takes place. in
The section deals with the protection of an incumbent employee's salary
on reclassification of his job. It has no application to the grievor.
If one compares Wheeler's job duties with the class standard
for Clerk 2, Supply, there is no doubt that he performs the duties
within that classification. The only item in the class definition
which is not applicable is "contacting suppliers."
Nevertheless, from the evidence of Wheeler, Sangster and Stuart,
it is clear that the grievor does more than the duties set out in the
Clerk 2, Supply standard. The question is whether he then falls within
Clerk 4, Supply. On an initial reading of the class standard, one
would say that he does not fall within it. That class standard
arguably covers five types of positions: head of a "small stockroom",
head of a specialized section of a "large stockroom"; second in charge
in a "large stockroom"~; supervisors in reform institutions with annual
stock turn-over value of $150,000; and supervisors in a hospital with
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less than lOO.beds. The words in quotations are defined in the Preamble
to the class series (quoted earlier), and argument was made that these
definitions are inapplicable to reform institutions. Thus, it was argued,
the grievor does not come within any of the positions in the class standard
and is appropriately classified as Clerk 2, Supply,
If this argument is accepted, it would require a negative
response to the first of the two questions which this Board considers in .+
classification grievances: does the grievor fit within the class standards
of the higher classification? The Class Series has been carefully structured
to take into account the size of the stockroom as any indicator of the
appropriate classification for jobs in the Clerk, Supply series. In most
cases, size is determined by employee complement. With regard to reform
institutions, however, the volume of annual stock turnover is the relevant
criterion for determining the size and thus the proper classification
for clerks employed in stockrooms. No specific mention has been made with
regard to classification of employees other than supervisors in stockrooms
of reform institutions. Nevertheless, annual stock turnover value, rather
than size of the workforce, has been identified as the relevant criterion
for determining classification in such ,institutions. The grievor is unable
to point to anything in the class standard for Clerk 4, Supply to show
that he should fall within that standard. The grievor does fit within
the Clerk 2, Supply standard and thus, it appears that the grievance should
be dismissed.
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The grievor did argue that he still falls within the higher
classification because he does the same job as employees within that
classification. In effect, it is argued that the grievor's job is
equivalent to that of a second in charge of a "large stockroom" and,
therefore, should be classified at the same level. The basis for this
argument lies in the fact that his supervisor, Sangster, is classified
as a Clerk 6, Supply on the basis of annual. stock turnover value. So;
too, is the head of a "large stockroom" classified as Clerk 6, Supply.
.
Therefore, it was argued, Wheeler should be classiffed at the same level
as the second in charge of a large stockroom, as he must have equivalent
responsibilities. In effect, the grievor is asking this Board to redraft
the classification system, a task which is clearly beyond our jurisdiction.
The grievor must show that his job properly fits within the class standard
of the higher classification or he must show that an employee doing the
same work is within the higher classification. The Class Series for --
Clerk, Supply Indicates that the stockrooms of reform institutions and
those of other institutions are not comparable. Therefore, the grievor
cannot claim that he performs the same work as an employee properly
classified as Clerk 4, Supply on the basis of an analogy between his
supervisor's classification and that of the supervisor in another type
of institution.
For these reasons, the grievance is dismissed.
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Dated at Toronto, Ontario this 4th day of May, 1979
Katherine Swinton Vice-Chairman
I concur
Victor Harris Member
(See dissent)
Harry Simon Member
Award #166/78
ADDENDUM
DISSENT
Mr. J. S. Wheeler and
Ministry of Correctional Services
The.grievor's duties are above and beyond the definition of
Clerk 2 Supply. The function of a Clerk 2 Supply are more related to
clerical and physical duties-and he works under constant-supervision.
The grievor in this case shares the duties with the storekeeper and ~.
his functions are more related to Clerk 4 Supply. The grievor spends
approximately 35 percent of his time performing the functions of the
storekeeper's duties when the storekeeper is absent. He is in charge
of supervising the inmates' helpers. He orders supplies and rejects
shipments which fail to comply with the order. All these are important
functions over and above the functions provided under the Clerk 2 Supply
definitions. The evidence is that the grievor performs substantially
the same functions previously performed by Mr. Sangster, who was classi- ,. /
fied Clerk 4 Supply prior to his taking over the Storekeeper's position.
There was further evidence that since the volume of stock turnover has
been increasing over the years there has been a substantial increase in
the work load of the clerk.
All these factors must have been taken into consideratjon by the
Employer when the job was originally classified Clerk 4 Supply at the
Burtch Correctional Centre. In my view the Employer is estopped from
reclassifying the position simply because the position became vacant
and a new employee has taken over the job. A classification is not
created for an individual employee and as along as the job functions
remain substantially the same the Employer has no right to downgrade the I
classification. !
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The Employer has adopted a policy of downgrading all Clerks
in the Correctional Institutions to the Class 2 position, irrespective
of the size of the Institution, the volume of stock handled by the
Clerk, the number of inmate helpers he supervises and all other
additional duties he performs.
With this policy I cannot agree
succeed.
I would allow the grievance to
Harry-Simon
Member