HomeMy WebLinkAbout1980-0333.Dashfield.81-12-02TXE CROWN DPLOYEES CC)LLZCTIVE BARGXiJING ACT
THE GRIEVANCE SETTLEINENT 5OAP.D
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At all materiai times, the grievor was employed in the
Ministry of Community and Social Services with the
classification of Rehabilitation Officer 2 (Health) and in this
grievance he complains that he is improperly classified and
Should be re-classified as Rehabilitation Officer 2
(Corrections) (Atypical) with retroactivity-to November 24,
1977.
In Re Rounding, 1976, 18/75, at page 4, Beatty noted
the limitations on the arbitration of classification
grievances:
II . . . when faced with a claim that a position is
improperly classified, and assuming those
classifications conform to the general law of this jurisdiction, this board is limited by the express provisions of~legislation to determining whether or
not on the system employed and the classifications struck, the employee in guestion is actually
performing the duties assigned to that position or even assuming that to be the case whether that
employee is nevertheless being requi:ed to perform
virtually all the identical duties which, the class standard notrithstanding, are being performed by employees vhose 30s ition has been included in some other more senior classification."
At the outset of the hearing counsel1 for the union
sought to describe its grievance as an entitlement to a
clissifikation for t;e 5 griever of Social Worker 2. It was
noted fcr the union, however, that article 5.1.2 of the
Col?ective Agreement provides,:
"In the case of any grievance filed under the above
sect'cn, * the authority of the Grievance Settlement 3oard shall be limited to: a. Confining that the griever is oroperly _. ciasslzled in an existina classification or 5. f.i;iciino tnat the griever-uould be prooeriv classiji$d in t.ie job c!assificstion biics he
claimed 1.1 his orievance. (Emphasis added!
The issue before us then is has the grievor demonstrated
that, as between the R.O. 2 (Health) and R.O. 2 (Corrections)
(Atypical) classification levels, he would be more properly
classified as the latter. The union advances two separate
arguments. First, on the basis of a direct comparison of the
griever's duties with the class definitions, the union maintains
that the R.O. 2 (Corrections) (Atypical) classification is the
more appropriate. Second, regardless of the class standard the
grievor is being required to uerform duties regularly performed
by other employees who were classified at the higher level of
11.0. 2 (Corre.ction.s)(Atypical).
The Class Definitions for the two positions under study
are:
REHARILITATION OFFICER 2, IiEALTH
CLASS DEFINITION:
Under general supervision,employees in positions
in this class use a complete range of industrial rehabil itation services to prepare patients, out- patients or ex-oatients at a psychiatric hospital or
mental retardation facility, for re-employment within
the community.
In conjunction .with other hosp~ital staff, these
employeos~ review the medical, educational and -*or!< background of individual cases; appraise aptitudes; . alscuss tentative programmes 'with clinical staff and
decide on a realistic individual vocational rehabilitation programme. They kllaborate and
maintain liaison with other provincial and federal
agencies in matters such as: vocational or on-the-job training and maintenance allowance: job placements
and they orovide follow-u? counselling and obtain
assistance from community agencies as required. T!?PV
also promote Fubiic understanding and acceptance of
the mentally 111 or retarded.
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These employees may assist in obtaining contracts for industrial therapy workshops and may
participate in their operation. They may supervise
and instruct Rehabilitation Officer trainees and clerical staff. They prepare reports and
correspondence as required.and perform related duties as assigned.
QUALIFICATIONS:
1. Grade 12 education; preferably a degree in one of
~the social sciences from a university of
recognized standing.
2.;~ At least one year's experience in rehabilitation
work in the Ministry of Health or directly related .~ experience acceptabl.e to the Civil Service
Commission as the equivalent.
3: Ability to work effectively with the mentally disordered or retarded and with ex-patients;
ability to communicate effectively with employers and the public; tact; sound judgement; patience.
PREAiYBLE
REHABILITATION OFFICER, CORRECTIONAL SERVICES CLASS SERIES
This class series covers positions of
employees, in the Department or CarreCtiOnal
Services, who provide after-care services in
vocational, educational and sociai rehabilitation to juveniles and adults returning to the community from
a Correctional Institution.
A wide range of ?re-and post-release duties is
invoived, all designed to guide and ass'ist the
individual during the period of adlustment from institutional life to a normal social environment.
These duties require a thorough knowledge ahd
Competent application of rehabilitation techniques as well as of the pertinent iegislation, Departmental
policies and regulations and .the ability to deal
effectively withes oersons with anti-social attitudes
ranging from relatively stable and co-operative to
disordered and hostile, employers, governmenr and
SC.~OO? officials, law and social agencies, families and reiat:ves or charges and the general yblic.
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Duties,include: counselling according to individual need (analysis of case history, reports of
psychologists, social workers, correctional staff: interviews: assessment; rehabilitation plan; devising and implementing a motivation and follow-up
procedures); determination of the suitability of the
home environment; development and utilization of employment;opportunities; placement in schools: regular visits to check on progress: emergency.calls;
discussions with law enforcement officials: recommendations to the appropriate Parole or Advisory
aoard; recommendations or instructions to return to
custody; conducting a follow-up programme for those released from the Department's clinics; securing foster homes or group homes for juveniles not
returning to their own homes. These officers may also be required to act as the Departmental
representative at meetings with other agencies such
as the Regional Diagnostic ayd Assessment Units under the Department of Health.
REHABILITATION OFFICER 2; CORRECTIONAL SERVICES
CLASS DEFINITION:
This class cover the pos iticns of Rehabilitation Officers who, under general supervision, Provide juveniles and adults returning to the community with
assistance; aid them in social, educational and vocational rehabilitation and help them to avoid reversion to anti-social 'oebaviour.
These employees may instruct and assign duties to junior officers and, after consultation with their
supervisors, may return parolees to custody for
violations.
QUALIFICATIONS:
1. Grade 12, Qntario or the equivalent; oreferably a
degree in one of -- the social sciences rrom a iunlversity of recognized standing.
7 -. Two years experience as a Rehabilitation Officer
1,Correctional Services or an acceptabie .~. equivalent in education, training and experience; preferably completion of Departmental training
course.
-. 3. Maturity; ability to win the confidence of persons
with anti-social attitudes; patience: tact; sound judgement; .+zilljnqness to work unorthodox hours
and to :ravel; cr:ver's licence; personal suitability.
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The expression (Atypical) within the classification
sought by the griever deserves some explanation. The Ontario
Manual of Administration provides, as a definition:
ATYPICAL ALLOCATION - The allocation toga class of a
position which ingeneral fits this class better than
any other, but is significantly different from other positions in the class with resoect to: the functions
carried out; or the skills and knowledge required.
It was obvidus from the evidence led of a number of
witnesses that the Atypical designation of Rehabilitation
Officer 2 (Corrections) indicates, for one thing, a minimal
connection with correctional institutions and inmates or ex-
inmates thereof. DO the griever's duties fit this class better
than 11.0. 2 (Health)?
The griever's position was audited on Xarch 30~, i973.
After the audit was performed the griever's position
specification was revised and that document, prepared to
reflect the audit report, describes the purpose .of the position
as:
Under the general supervision of the 3enior Program
Director, the incumbent works to assist mentallv retarded persons to reach their optimum level of
functioning; to liaise ,with employers, private and
government agencies, professionals, and wor!~shops in surrounding communities to ensme that residents in Durham Centre have a sufficiently xide range of
training opportunities to allow them to reach their optimum level of vocational functioning: and to
identify service delivery gaps and to enlist community
support for provision 0: necessary1 services for the mentally retarded.
it then provides a summary of duties and
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5%.. 1. As a member of the Admissions Committee reviews all referrals received by the facility to assess
clients' needs, to determine the type of service which would be most beneficial .to the client, to refer the client to an agency residential facility,
or unit within the facility which would best accommodates the client's needs by: - developing case histories on selected referrals
by interviewing the applicant and family in
their homes: gathering all medical,educational, psychological, vocational, etc., information;
liaising with all other professionals or agencies which may have been involved with the client to verify or clarify recorded
information:
- participating in the formulation of the initial assessment and the causes for the client's dysfunctioning.
45%
2. As a member of the four unit program teams, aids in
-development of the residents individual Program
Plan (IP?) within 48 hours of admitting to ensure that every resident participates in a program that
will assist the resident to reso~lve problems and
develop his maximum potential by: - meeting with unit program teams four times a
week to evaluate effectiveness of one resident's
ID? in death and to modify or revise it as necessary-and to resolve urgent problems with other residents *ihich may require revision or
modification of the I??'s, schedules, medication, . . . - conferencing each resident with the team at least once every six months, re-evaluating long and short-term goals of the resident based on
the last six months progress, reaffirming or re-scheduling short- term responsibilities for team members based on client's progress, team
member's effectiveness with the client, new
goals, set: - assesses resident's potential for social, educational, and vocational opportunities to
interviewing resident, administering vocational
tests,
observing client in actuai school and work settings, evaluating pre-vocational,
sheltered, workshop and other professional reports - determining mcst appropriate Ire or :Jocai,ionai
Training Program, refers client for oldcement. 3onitors clien t's work placement in compatible
empiOvment,VOCationa? trai,ning, pre-vocational tralnlng programs, 5~ observing a client in the
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working environment, counselling client regarding observed problems or client presented
problems. Liaising with work supervisors
regarding the client's progress, determining any changes necessary in program content, work
layout, more appropriate work experiences or competitive employment readiness. Determining when, new work experiences should be undertaken to ensure client's continued growth to maximum
vocational potential: - counselling resident and assisting them to
develop realistic social, educational, and vocational goals and positive behaviour plannings which support these goals; assisting resident with individual work, residential,
personal relationship, family, recreational problems that may interfere with vocational .goals or as requested by. the team:
-- providing detailed case notes and summaries on clients and family to a central file.
30% 3. Identifies service deliver! gaps in the community as they relate to vocational opportunites for the
mentally retarded by:
exploring job possibilities and making direct placement in employment, conducting follow-up
visits;
maintaining an up-to-date listing of the educational , occupational training, vocational assessment, and Fotential employers Yhich may
provide opportunities for facility residents: meeting regularly with professionals from other agencies to exchange and update information on
the programs and policies of the facility and agency, and to jolnt:y develop Frogram changes
necessary to provide educational and vocational
growth experiences for facility clients: acting as the liaison between the facility and
the local siheltered rwor:kshops, the Yenta1
Xetardation Xorjcing Committee,generic agencies,. local associations for the sentaliy retarded, Nanpower Yoards of zduca"ion, on issues *-
reiating to the development of effective vocational, industrial, educational and residential opportunities for the mentally
retarded; participating in the 2evelo;ment and the
implementation of new programs Vhich meet
identified community needs; researching the feaszbrllty of ice",-,,- . +i'Go,j
community needs ;
enlisting ccmmunltv suroort tor ocucatlonal vocationai, and rssidentia? projects for the mentally retarded.
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10% 4. Co-ordinates the adult night school program with the Board of Education by:
- meeting yearly with the Board to re-negotiate and approve the terms of the joint agreement;
- co-ordinating the scheduling of 12 volunteer
Residential Counsellors who support two special education teachers supplied by the Board in two school classroomsthree nights per week;
- co-ordinating the scheduling of residents and
their transportation two times per week into three different levels of classes;
- advising .on program content, by interviewing
and determining suitability of vo1unteers.i" the program:
- arranging for use of school and classrooms.
10% 5. Provides a training course twice per xeek at the sheltered workshop to all workshop participants.
(This program called C.O.P.E. provides training in the skrlls needed to find a job.)
6. Performs administrative tasks and other duties as assigned.
The griever presently works, and at the relevant times
worked, at the Durham Regional Centre for the Developmentally
Handicapped. Xiis clients range in age from La to 63 and
present a uide range of functionaL LeveLs .with the primary
disability of mental retardation but presenting at times other
disabilities of a social nature as well. The griever is
responsible for the vocational rehabilitation of residents
within the institgticn and participates as a member of a team.
The team is made up of the unit director, a psychologist, a
sociai worker, a recreational representat;ve, 3 residential
representative, a nursing representative and finalLy, the
griever as the vocational rehabiLits.tion representative. The
:rievor sees the class definition for R.3. 2 (:ieaLthi) as net
applicable to his position. :ie maintains that'he uses a
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broader range of services than can be characterized simply as
"industrial rehabilitation" and notes that he draws on other
services such as academic, and life skills programs. He
rejects as inappLicable~the designation of "patients" and
orefers that they be referred togas "clients" or as "residents"
since he does not see the health connotation as applicable to
himself. He would reject in the second paragraph the word
"hospital" to adjective ,staff as inappropriate and would expand
the review conducted to include not only the medical,
,educational and ,work background but also the social and
psychological background of the individual cases. Xe maintains
further that he collaborates not only with provincial and
federal agencies but also with private agencies. 3e rejects as
not applicable the phrase "mentally ill". Xe maintains that
the first two sentences of paragraph 3 in the Class Definition
are 50t sppiicsble to his position.. (The functions described
there are, however, nrlfaced by "may" and are not then intended
to be descriptive of all positions .within tine class.) On the
other hand, the griever maintains that he does not correctly
f i t e-:-J e class definition for 3.0. 2 (Corrections). :ie notes
that the inclusion of juveniles within the description of
clients is not appiicable to himself. :ie sees the second
paragraph of the ,C?ass Definition as not applicable to himself.
The griever testified t>.at in :;e "-e=mble i-w-. describing xne
?.ehibi?itation Officer =orrecticna? Services Class Series - , in
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the first paragraph the words 'Department of Correctional
Services', 'Correctional Institution', and 'juveniles' would not
apply to his position. He did insist, however, that the second
full paragraph applied entirely to his own position. 1.n the
third paragraph, he noted that correctional would not apply nor
"recommendations to the appropriate Parole or Advisory. Board";
recommendations or instructions to return to custody, ~..
conducting follow-up programme for those released from the
Department's clinics would ,not apply to him; securing foster
homes or group homes for juveniles would not apply to him and
finally the last sentence would not apply to him. In short the
griever's position is that he.,~does not fit within either of the
two classes. Se maintains, however, that he does fit the ~..
classification of 3.0. :(Correcti ens) better than S.O.Z(Aealth)
and therefore deserves the de~signation of X.0. 2 (Corrections)
(Atypicai).
The.Class Definitions are clearly distinguished by
the nature of their clients. 'or the R-0. 2 (Sealth) the
client is normally a mentally retarded indi~vidual whereas for
?le ?..2. 2 (Corrections) he is typicaliy a Person who is
leaving either training school or Pr.ison and returning to the
community in need of rehabiLitation. In the former case the
officer seeks to rehabiLitate for the purposes of securing
emplopxent whereas in the latter ie provi!es after-care to an
individual exitino correc:ional institutions. The evidence of
Slizabeth Slye, Tanager of Compensation within the klinistry,
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was to the effect that the after-care officer had guardianship
and advocacy responsibilities not shared by the R.O. 2
(Health). -This characterization is certainly consistent with
the 'third paragraph of.the Class Definition for Rehabilitation
Officer, Correctional Services Class Series and it is
particularly-noteworthy that the griever specifically
eliminated those aspects of the class definition as not
applicable- to himself. It is noteworthy as well that by the
Class Definitions the principal disability facing the R.O. 2
(Yealth) is one of mental retardation whereas the disabilities
facing. the R.O. 2 (Corrections) have much greater varieq. It
xouid agoear too that a clear distinction is seen that for the
R.O. 2 (Sealth) the majority of the clients would be dealt with
within the institution or.facility whereas for the R.O. 2
(Corrections) the client ~would be living for the most ?art in
the community. The evidence of the griever :das that he dealt
with some clients as resi.dents in group homes but of his
present case load of 4'6, 41 jrere within the facility and only 5"
in group homes. In the view of the Yanager cf Ccmpensation,
the crievcr's position specificatian *rith its summary of duties
better fits the Class Definition for R.C. 2 (Uealth). It was
noted that duties i and 2 wouid relate very well to the first
?art of &' -ne second xaracl-aoh withi. 'I - __ that Class Defi,,;- -;-ion while
duties 3 and 5 wouid relate to the seccnd oart of the same
?aragriph. It was admitted 'by She Xanacer of iompensation that
3cty 1 regarding t?.e adult night schoci ?rcqram and t.le
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..,
co-ordination of the same, 10% of the time of the griever,
does not fit within that Class Definition nor within the
Class Definition for R.O. 2 (Corrections). The largest
stumbling block for fitting the griever's tasks within R.O.
2 (Corrections) is the nature of the client as stemming from
a correctional:setting which was never the source of clients
for the grievor. As well, there is no mention within the
Class Definition for R.O. 2,(Corrections) of the team
environment withinwhich the grievor by his position
specification is ~seen to operate: the Class Definition for
R.O. 2 iCorrections) describes the Cfficer as acting "under
general supervision" as opposed to the phrase used in R.O.
2(EIealth) "in conjunction tiith other staff". Taking into
account the Position Specification which describes th1e way
in which the grievor operates as a member of a team the
sosition specification better fits within the Class
Definition for R.O. 2 (:ieaLth) than it does within R.D. 2
(Corrections). Further, the key duties within the position
specification 1 and 2 cannot be fitted within the Class
Definition fcr R.0.2 (Corrections) and wni?e the c!i?nts
mentioned in the position specification are mentaLLy
retarded individuals, the same is not to be found within the
class defi;lition for R.O. 2 (Corrections). In short, of rhe
two, R.O. i i:-:ealt.i) is a better match. On this argument
then, at least, I wou?d find r:hat the ,union :;as not oroved
that the designation ?..O. 2 (Corrections) is the ketcer fit
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permitting the designation of the gr ,ievor as R.O. 2
(Corrections) (Atypical).
The second argument of the union now deserves
attention. 'Was the griever called on to perform services
now performed by other employees within the Ministry at a
higher level of classification? The union sought to make
Out its case in this instance by calling in evidence four
witnesses, Robinson, ,Xayhew, Shukyn and Noodall. Their
testimony deserves examination. The union argued that these
four and the griever share the same functions of
rehabilitation and that the same functions are performed,
regardless of the setting; that each of the five are
involved in assessing the individual client and ihe
establishment of a oian and that each participates in
counselling and directing the client to contact with
empioyers and that each involved an element of community
work.
The griever's responsibilities at the Durham
Centre were described both by his own evidence and that of
Lois supervisor, Dr. Gary Saker, as wor!ki.ng within a team
composed of the unit director, psychologist, social worker,
recreational representative, residential representative,
nursing representative, and vocational rehabiiitation
representative. 3ut of this team apprcacn a ?lan uould 'be
born for the oarticuiar client and the evidence of each was
that the griever .would supply the vocational input into the
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plan but that the plan itself would be prepared by the group.
Host of the griever's clients would be placed with the Ajax
Workshop and once placed, the workshop tended, to take over the
vocational rehabilitation of the client. It was seldom that
the grievor.would.piace clients with private employers. 'The
grievor therefore, .was not called on to evaluate places where
the clients might be eventually placed.
Robinson works at D'Arcy Place in Cobourg as a
Rehabilitation Counsellor for that facility with a
class,ification of Social Worker 2~... It is her function to take
referrals from other counsellors who feel that their clients
are ready for a job, assess the client, and attempt to match
the client with employment opportunities within the community.
It was noteworthy that her description of her job was that
prior to placement she would "sometimes consult with a
psycn010gist, sometimes confer with the residential counsellor,
sometimes consult with the sociai work department". She would
then, in conjunction with the client develop a rehabil~itation >
plan, coanselling the client regarding his goals and .when
satisfied with the ?lan would make a ?resentation of the *ame
to the Selection Committee. T?.e Committee would t.i.en decide
wtiether or not it was a worthwhile~ blan that had been
presented. 'l'er clients would be placed in sheltered jlorkshops
and also with private employers. Robinscn noted that :while at
3'Arcy Ilace there would Se case conferences but noted as well
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that "at the case conference they will give me 'carte blanche'
- the cLient wants a job and the instruction is to get her one
and I will develop the plan' for achieving the same".
Mayhew works at the Brantford office of the Ministry of
Community and Social Services and is presently classified as a
Social Worker 2. He was, h.owever, earlier classified as a
Rehabilitation Officer 2 (Corrections) (Atypical). He noted
that he receives referrals of handicapped people from various
agencies including LXunicipal,Welfare, Ontario Crippled
Children, medical clinics, Children's Aid and aLso at times
self-referrals. Xayhew describes his~task as doing assessments,'
and placing clients at times with workshops, at other times
with'academic institutions and noted "I make the arrangements _ ..~~
I would consult with others, but I am the counsellor - my -
ciients see me as their counse LLor - case.conferences are
rare". He noted t:iat he wouLd then make reco,mmendations to a
Selections Committan --, that these presentations would more often
tinan not be in written form and that occasionaLLy these
:ecommendations ~would be turned down. 3e noted that he~acts
quite
independently, sitting down with his supervisor ?erhaps
tWiCp
a mcnth to discuss difficult cases but even then "i am
then person who presents the idea and the 2lan".
Shukyn wor:ks at a half-way house for male a?cohoLics
and is presently classified as a Social Wor!ker 2 but in the
re1eva'nt.t;. -me period 'was ciassified as XehabiLitation Cfficer 2
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(Corrections) (Atypical). The clients are referred to her from
detoxification units, hospitals and also by themselves.' She
noted that she works as a member of a team along with the
Director, Assistant Director, Addiction Counsellor and she
provides the vocational rehabilitation input into that team.
She would then attempt to deal with the alcohol problem, ~..
arrange perhaps for psychological counselling and try to
develop vocational goals and perhaps arranging for academic
upgrading. She would arrange for employment with private
employers who would take the client on for purposes of
assessment wherein then government would reimburse the
employer. She noted that she "can approve all assessments
myself without any-other approval since I have 'designated
status"'. She noted that she spends four out of five days
the half-way house and .described herseLf as functioning qu
independently at the house without supervision. She noted
"my supervisor has minimal contra? except on-major
submissions".
at
ite
that
-WoodalL describes himself as a job Jlacement Dfficer.
:ie had previously 'been designated XehabiLitation Officer 7.
(Corrections) (Atypical). He jescribed his clients as
alcoholic, blind, deaf, epileptic, cerebral ?aLsy, and so on.
Xis work ix the office was at times as a consuLtant to
rehabi?itstion counse?lors :c determine an appropriate
7JOCational qcal bearing in mind the cLientIs 2imitations and
mar!<etabiLity. :ie a?so noted that a~ large ?art of his task is
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to educate then prospective employer to the abilities of the
handicapped and to convince the private employer to take the
client on for a period of "paid assessment" where the employer
would be reimbursed by the government. The prospective
employers run the entire range from heavy to light
manufacturing, variety stores, shoe-making, etc.; in short,
"whatever employment possibilities present themselves". He
describes himself as functioning both as a team member and
individually..
The griever does not have the variety of clientele, the
latitude with regard to decision-making, the independance of
supervision nor the variety of employers ~with which to place
his clients described by these four witnesses. The griever
does not provide the breadth of services provided by the 5our
witnesses called on his behalf that would warrant the assertion
that he is eerforming the same emuties as people with a higher
classification. The classification scught Sy the griever is
one which has been given to individuals who have a good deal
more responsibility for diagnosis and following through on t?.e
implementation of the zlan for the client. The arievor
provides inqt into z team which makes the decisicn. The
person ZtAifilling the Xehabiiitation Officer 2 (Corrections)
!Atypical) makes the decision hirnse?f and 2resents the same for
aoDr3V2?. __ There is = distinct differance.
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I
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II-I the result, the griever has failed to ~
satisfy that he deserves reclassification and the
grievance is therefore dismissed.
DATED.at Kingston this 2nd day of December, 1981.
‘J
R. J. Delisle Vice Chairman
"I dissent" (Dissent to follow)
M . M. Perrin Member
D. 5. Hiddleton Member