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HomeMy WebLinkAbout1980-0527.Poole and Kuwabara.83-07-11Between: Before: IN THE MATTER OF AN ARBITRATION Under The CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Mrs. Vera Poole and Miss M. Kuwabara Grievors - And - The Crown in Right of Ontario (Ministry of Transportation and Communications) Employer W. B. Rayner Vice Chairman K. W. Preston hlember F. Colldm Member For the Grievors: L. Stevens, Grievance Officer Ontario Public Service Employees Union For the Employer: N. Pctt~ifor, Staff Relations Super\'is:,1 Ministry of Trxnsportatj~on and Communicntions AWARD ----- This matter involves two grievances filed by Mrs. Pooleand Miss Kuwabara as a result of the filling of a competition for the position of Senior Report Verification Clerk - Clerk 4 General. The position was filled by the Employer and the success- ful applicant was Mr. McGowan. Mr. McGowan was given notice of the hearing and his rights thereat, and attended at the hearing. He was called as a witness by the Union but did not chose to participate further in the hearing. The relevant provision of the Collective Agreement is Article 4.3 which reads: "ARTICLE 4 - POSTING AND FILLING OF VACANCIES OR NEW PCSITIONS . . . . . 4.3 In filling a vacancy, the Employer shall give primary 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." There is no doubt from the wording of the,Article, that the Article is a "competition" clause. It is only when the qualifications and ability of the various applicants for the position are relatively equal that length of continuous service becomes a consideration. Mrs. Poole has more continuous service than Mr. McGowan - 3- and Miss Kuwabara had substantially more continuous service than both Mrs. Poole and Mr. McGowan. Among the several joint exhibits filed by the parties was the competition as posted, the specification of the position in question, and the application forms of both grievors, Mr. McGowan, and two other individuals who received interviews before a final selection was made, The process of selection undertaken by the employer was to have the some 18 or 19 applications for the job considered first by Mr. Marshall, a Report Verification Group Leader, and the immediate Supervisor of the position. The applications were also considered by Mr. Gatto, the Financial Control Supervisor of the Agents' Issuing Section. These two individuals reviewed the applications both individually and together and developed a short list of people to be interviewed. Neither of the grievors were on the short list but the successful applicant obviously was. Three people made the short list. The short list, together with all the other applications, were then presented to Mr. Godfrey who is Head of the Agents' Issuing Section. He considered the applications in total,and agreed with the short list. Interviews were then conducted for the three people on the short list. At the commencement of the hearing, Mrs. Poole withdrirew her grievance insofar as an award oi F the job ~,as in issue. The Union ted the position tha .t Miss Kuwabara was the person entitled to the job. -4 - Mrs. Poole left her grievance standing insofar as she felt she should have been given an interview if Miss Kuwabara d receive the job. that id not In essence, at the conclusion of the hearing in response to the question, Union counsel indicated that there were four possible alternatives open to this Board. There was no objection to these possible alternatives from the Employer's point of view. The four alternarives are: / 1. Deny both grievances 2. Allow the grievance of Miss Xuwabara and direct that she be given the job 3. Direct that both of the grievors be given interviews in order that the matter might be reconsidered. 4. Direct that either one of the grievors be given interviews in order that the matter might be reconsidered. It is with these alternatives before us that we now turn to the evidence in detail. Both grievors hold the position of Clerk III,General, in the Agents' Issuing Sect on of the Licencing and Control Branch of~the Transportation Regulation Division of the Ministry of Transporation and Communications. Mr. ElcGowan held the same position prior to his successful application. The competition as posted indicates that the candidate must have secondary school education. must have a thorough knowledge of vehicle registration statutes, - 5 - legislation and local practices as.defined by the Highway Traffic Act and Regulations, must have about four years of progressively responsible clerical experience, should have the ability to communicate clearly, both orally and in writing, and should have the ability to instruct and supervise the work of subordinates. The applicant also is required to have a working knowledge of computer processing systems. The job in question requires some supervisory skills. The job description indicates that 20% of the clerk's time will be spent in supervising staff in a Report Verification Unit. The evidence established that Mr. Marshall has under him four different Group Leaders with some thirty-six or thirty-seven employees in total employed under'him. We do not propose to review the evidence in detail as to the jobs carried out by the grievors presently, and the job in question. The evidence clearly establishes that there is a natural connection between the two in that the grievors in their present job resolve errors that are found in the job in question. . In any event, the evidence of Mr. Godfrey, Mr. Marshal and Mr. Gatto, indicated clearly that the two grievors met the requirements as set out on the competition with respect to the technical aspects of the job. Knowledge of the job was not in issue. What was in issue, acccrdi.ng to )!I. Godfrey, Xr. Fiarshall, and Mr. Gatto, was the presence or absence of demonstrated - 6 - supervisory ability. Mr. Godfrey said that the major criterion for the job was supervisory potential. He said that he was looking for a person with strong inter-personal skills and strong leadership abilities. He said that the person needed to be flexible in operat- ing in an area that was going through considerable change. For example, he indicated that after the competition was posted he became aware that there is a possibility'that this particular operation may be transferred to the Ki~ngston area. ,Thus, the successful applicant would have to be willing to undertake a reallocation. Mr. Gatto also said that the major criterion was supervisory ability. He said that he was looking for inter-personal skills and communication skills. He said that the person selected had to adapt to a changing environment. Mr. Marshall stated much the same thing, although he indicated that he was looking for supervisory experience and aggressiveness. All three of the Esnployer witnesses ,indicated initially in cross-examination that they felt that the grievers'- applications did not show that factor to the same extent as shown by the applications made by the three employees who were granted interviews. However, when each of the witnesses were directed to the particular applications of Mr. McGown, Mrs. Poole and Miss Kuwabara, they could not demonstrate how Mr. McGowan's application indicated any more supervisory ability than the application of Mrs. Poole. Mr. Godfrey indicated that in his view the work ex- periencc of Mr. XcGowan was much more extensive than the grievers. -7- He pointed out that both the grievors had remained in the same basic. job for a considerable period of time. Both Mr. Marshall and Mr. Gatto admitted readily that both grievors, in their present jobs, demonstrated a basic ability. for the job in question. Mr., Marshall, however, would not agree that either of the grievors showed ability to supervise. Mr. Gatto said that the applications of Poole and McGowan were basically the same. He admitted that Mrs. Poole's application showed some direct supervisory ability and ex- perience. However, he indicated he was convinced by conversations with Mr. Marshall that Mrs. Poole lacked "initiative" for the job. Mr. Marshall, in his cross-examination, admitted that the grievor's form showed direct supervisory experience and that Mr. McGown showed no more potential on the application form. He did not elaborate, in any way, as to how a conclusion should be drawn that Mrs. Poole initiative was less than that of McGowan. We now turn to the applications of all three parties who were before the Board. Without any detailed examination of the applications, it is obvious that with respect to Mr. McGown and Miss Kuwabara, the forms reveal no direct supervisory experience. Mr. McGown testified that he did, in fact, supervise as a Group Leader for one week when his Leader was on vacation. Apart from the normal training of new employees that falls to all Clerk III, General, in the area, Miss Xuwabara admitted that she had no supervisory experience. 1 -8- The application form of Mrs. Poole is quite different. Her application indicates that she had acted as a Supervisor for S.S. Kresge Co. Ltd. for some six years. Her form indicated that she had some eight full-time staff working under her. -Mrs. Poole also testified that she had acted as a Group Leader for a period of three months when she was in another area of the Employer's operation. Mr. Pettifor;suggested that in this type of situation it must be remembered that the selection of an employee for a promotion is not ascience. It is an art. Whether the latter state- ment is a proper classification of the exercise, we do agree that the matter is not, in fact, a science. However, we are of the opinion that the Employer, when making distinctions between employees should be able to point to real differences without undue difficulty. We recognize that supervisory ability is not an easy quality to measure objectively. However, one can look to certain fac'tors, factors such as experience and training. Mrs. Poole not only had experience in this area but had, in fact, taken a course which was outlined on her application as "effective supervision - communication This course was given by Humber College and was taken by her in 1979 for a period of some ten weeks. This information, which was availabl to the Employer because of her application form, seemed to be ignored With respect to the application of Niss Kuwabara, the Board is of the opinion that it cannot find that the Employer has acted improperly in preferring ilr. ~lc'C:c\wan. The fact that Mr. McGowan had worked in other areas and had been moved more -9- frequently, could be seen as a benefit in terms of both supervisory ability and flexibility. To this extent, his application may be considered to be somewhat stronger than the application of Miss Kuwabara. Accordingly, we must dismiss Miss Kuwabara's claim. However, we are of the opinion that such a conclusion should not be reached with respect to the grievance of Mrs. Poole. As the matter now stands before the Board, the only relief that the Board can at this time order for Mrs. Poole is the relief sought by the Union. The Union does not seek to have Mrs. Poole put into the job immediately, but does seek to have her be given an interview. In other words, the Union seeks to reopen the competition in that the grievor is to be given an interview, and after the interviews, her qualifications and ability are to be _' compared with the successful applicant Mr. McGowan. Presumably, if after the interview the Employer is of the opinion that their qualifications and ability with respect to supervision is roughly equal, or more accurately, was roughly equal at the time when the .decision was initially made, then Mrs. Poole should be given the job and Mr. McGowan removed from it. We are of the view that this submission should succeed. It seems to us quite clear from the application form of both Mr. McGown and Mrs. Poole, that Mrs. Poole showed super- visory ability and experience, not only equal to that of Mr. )icGowan, but, indeed, r.ore than t1iat of !.:?I . !.lcGowan. Since all of the Bmployer witnesses indiczteci t!,at the degree of - 10 - supervisory ability was the distinguish i ng feature between candidates, it would appear to this Board that Mrs. Poole was not properly con- sidered, under the terms of the Collect ,i ve Agreement, and at the very minimum, deserves an interview. It goes of course without saying that the interview must be conducted in a fair and impartial manner and that the Employer, as far as possible, put from its mind the fact that it has already selected Mr. McGowan. If, after the inter- view, the Employer.is of the opinion that Mrs. Poole has the same or roughly the same supervisory ability of Nr. McGowan, then.it would follow, it seems to this Board, that she is to be given the job. In any event, the Board awards that the grievance of Mrs. Poole, as modified by statements of her counsel at the hearing, be allowed and that she be granted an interview with respect to the competition in question. If the parties have any difficulties in working out the details of this award, we remain seized of this matter. DATED at London, Ontario, this 30th day of April, 1981 I concur/dic;scnt ; . . I/ Lb. htLf& N K. W. Preston, Member I concur/d+?%Wt IN THE MATTER OF AN ARBITRATION Under m='I CROWN EMPLOYEES COLLECTIVE BARGAI:ZiNG ACT 1.1.. B&fore THE GRIEVANCE SETTLEMENT BOAR= -xTtween : 3efore:. For the Grievor: For the Employer: searings: OPSEU (R. Patrick & J.3. Baker) Grievors - and - The Crown in Right of Ontario (Ministry of Community and,Social Services) Employer P. G. Barton Vice Chairman F. D. Collom Member W. A. Lobraico Member -I .P. J. J. Ciivalluzzo Counsel Golden, Levinson Barristers & Solicitors L D. Abramowitz - Manager, Employee Relations" Personnel Branch Ministry of Community and Social Services December 16, 1982 January 5, 1983 *5ee ?reliminary Award dated May 19, 1982, also. -2- DIXISIL‘:: The Grievers are presenrly classified ~3 CD32 fCCX?Unit\ Development Gfficers) in the Capirzl Projects 3rznch, Xinisxy On June 25, lS30 they bczh cf Coixxnity and Social Services. file2 qrielvances alleginq: "I am improperly classified pursuant tc clause 5.1.1. of the Collective Bargaining Ayeezent . " The grievances filed by the Grievrrs souqht a re-:lsicn of classification to either Technical Consilltant 1 .>typiCal) Zr "eqzivalect level". Griqinally the frievors souqhr to be ccrpared to a position of Project Manager x;Lthin the klanaqement Compensaticn Plan. In a preliminary Award it xirrs held that because of t?.e previous negotiations between the parties it was clear to management that this particular classification we.;ld be sought and therefore that the phrase "or equivalent level" in the grievance was wide enough to alloy the Grievors ro refer to a classification not specificallly mentioned in rbe grievance. The preliminary Award went further, however, and indicated that it was not within the power of this Board to declare that the Grievors were entitled to be classified as Project Managers because that classification was nft a bargaininq unit classification. The Capital project section (now the Capital and Administrative Services Branch) has a hierarchy as follows: Director: Assistant Director: Xanager ; Zegion; .;rea. I - -3- The job specification for the -rievors indicates.~that zhey are Project Co-ordinators who wor'i out of the central office and report directly to Managers at that level. When the position ~3s ori,-inally crea-.ad ths: were Executive Officer'1 in Managerent. In 1977 the: were put into the bargaining unit and classified as CD02. Ac:crdin,- to the evidence of Mr. Baker, this classification :.as to be equivalent to Program Consultant. :n 1980 Procrzm Consultants became Program Supervisors in the Xanagement sc?.ame while the Grievors remained as CD&. They sczght reclass:fication in - March of~l980 and grieved in June. In November 1980, the Regional Director of the.Adul,t Services Divisicz-; Central Regional Office, responded~to the grievance by Indicating that: "While' I h‘ave rejected Technical Consultant'1 as a classification, ~1 am requesting the.Personnei Sranch to underta:?a further review of the position to determine .a more appropriate level of classif- ication". Evidence was given at the hearing that no :ore appropriate level of classification was found and the Grievors remain as CD02 at present. "CL.ASS'STANDARD. COMMUNITYDEVELOPMSXT OPI'ICER SERIES :. This class series covers the pos.iti0r.s of employees involved in departmental programmes which foster and encourage citizen interest and>particLpaticn in community activities for social development, Cultural enrichment, recreational enjoyment.and physical fitness. These programmes also ensure adequate opportunities for citizens of all age groups throughout the province to use their leisure tire creatively and er.:oyablp. Employees in positions cc.:ered by these classes provide leadership and advisory services to :roups 2nd organi- zations to promote their support of rr.5 ineolvement in a I .:.. -5- buying, holding and selling all kinds of biils, notes, negotiable instruments, shares, debentures, mortgages, etc., borrowing such SKS as i: requires by temporary loans or by the issue and sale of debentures, bills or notes bearing interest. The Corporation was esteblishe5 for the purpose of stimulating the economic develcoment of all areas of the province. It assists 23 encourages the development and diversificaticz of industry through the provision of financial aid, and advisory, technical, and management services to all types of businesses which meet the Cor?oratFon's requirements. Financial assistance includes interest-free forgivable loans, long-term capital loans and guarantees of payment of loans. Loans are made available for the construction of new buildings, the rcmodelling or expansion of plant facilities and the Furchase of new equipmen: which will increase substantially c?;ortunities fcr employment. The Corporation's staff of corsultants analyze applicants' problems and provide expert advice on financial, engineering,marketing,?roduction and technical matters to assist established companies to introduce new techniques and processes, and to bring new types of industry to areas of slow growth. They negotiate with and assist overseas coroanies to establish new facilities in Ontario. The Corporation also operates industrial parks and provides ind;lstrial sites, equipment, premises and facilities. It encourages =he inventic:. of new products and processes in co- operation with the Ontario Research Foundation and offers advice on financing, patenting and marketing." "TECHNICAL CONSULTANT 1 This class covers the oositiozs of employees of the Ontario Development Corporation, who conduct investi- gations into the management Tnblems of companies requesting assistance from the Corporation. Under the supervision of a senior consultant or Branch Director,they provide technical and advisory services to companies and individuals, analyzing problems, arranging for financial and other aid and ensuring that proposed solutions are viable. They analyze applications, interview senior management officials and observe the actual operations in order to determine the type of assistance required and how it may best be provided. In addition to their own studies, they also evaluate reports solicited from -4- wide variety of coxiunity development projects to meet community needs. At the local level they stimulate interest in cultural programmes (e.g. arts,~ crafts,, language training, drama, and music), athletic programmes (both indoor and outdoor), and special services for youth and other g,roups (e.g. Indians, ethnic groups, etc.); They assist in the investigation and evaluation of community resources and facilities, and assessment of the effectiveness of curr ent programmes and services, and the development of -new programmes. They also arrange for the provision of financial assistance in the form of grants tom municipalities and organisations. They maintain close liaison with officials of other jurisdictions and agencies with similar prograrmnes and services." "COMML?JITY DEVELOP?IENT OFFICER 2 This class covers the positions of working level field officers who provide consultative services to community organizations, voluntary groups and social agencies in an assigned district or municipality to prcmote their interest and involvement in the develcnment and establishment of a variety Of educational; social, cultural and recreational programmes for citizens and special groups. They provide information regarding branch programmes, services and resources and stimulate local interest in these prograxnes. They assist in the investigation of community needs and the evaluation of facilities and resources. They organize seminars and conferences and ,provide specialist lectures and source materials. They recommend to branch officials the development and establishment of a variety .of new programmes such as training courses, special projects and fitness activities and the provision of financial assistance. They maintain close liaison with conununity.officials, school groups and voluntary agencies with similar or related programmes. They may assist .in the training of trainees. . ..." _' CLASS STFXDARD "TECI-XICAL CONSULTANT SERIES This class series covers the positions of consultants in the Ontario Development Corporation who carry out the Corporation's responsibilities under the Ontario Develzpzent Corporation Act. The Corporation is authorized under the legislation to 'do all things that a cbrporation with share capital may do' - including making loans, taking security, purchasing, managing, leasing, and selling real property; ‘~ . -6- such sources as company auditcrs and independent in:*estment analysts prior to t;:e grer.sing ci financial or other assistance. In cc-operazion with other advisers and analys:s frc: the Corporation and after the granting of assistance. they ensure the compa ny's adherence to a t:dget established bv themselves through a contiz.;ing r-e-:iew ci financial statements and other reporTa. T!-.%y maintain liaison with chartered bazks cr.2 other finrrcial institutions and Federal and Frsvinclzl Go-:ernment departments, in order to facilitate r.agotiezioas fcr 10-g and short term loans for tr.2 compenies with which they deal. They make recsmmeci%tions for z'ne rejecticn or ratification of a.rp1icar.z com;:nies. :ihen assistance is granted a czmpanl. they represent the interests of the Prc;.ince rnsur:r.; that zbe companies abide by the terms and conditions under which the assistance has been .-rantef thro:,-!: a review cf financial and orher reports." JO9 SPECIFICATION - CD0 2 "Position Title Class Title Project Co-ordinator Corm. De.:eloprsnt Officer 2 Class Code Position Code lhis positicn is 05512 17-1450-70 revise2 Previous Position Title No change Immediate Supervisor's Title Position Code Yanager, Capital Project Sectlsn -1:50-68 Division Community and Social Services Finance 6 Administ- ration Services iocation (Address) Cap. d Admin. Services Tororzz3 SO. of incumbents Positions S.;oervised Inczbents Supervised Directly Ir.>irecrly Direczly Indirectly A. PL'Z?OSE OF POSITION :why d-es tr:s position exist, stats ~;oal: >bjc:::.:es, etc.) - 7 - 1. 2. 2. To ensure the mcst efficient and effective use of capital funds assigned to Adult and Children's Services projects within the incu-bent's tiesignated geographic area according to,Ministry priorities, needs and scheduling realities. To be the Ministry's technical reso-rce to munici- palities, non-profit corporations, India.:: Bands, and student,cooperatives, and to Cczporate, Regional and Area Offies of the Ministry by providing ccnsult- ative planning.sarvices and project-implementation direction regarding t:?e establishce:r, exxansior., alte~rations and/cr renovations of a facility and or regarding major reoairs/replacer:entsin a facility, under one or an)- combination of Ministry f:Jnded programs,, to. ensure compliance with -he relevant legislatioz!s) and policies. SUMMARY OC DUTIES AND RESPOSSIBILITLBS (indicate 1 ._. r percentage or time spent on eacn signlrzcant runcti07., im;nedate scope, equipment, working conditions, unusual - features', etc.) i.. To ensure'that all program accommo&tion is~designed 'Andy constructed in a manner-appropriate to the program requirements and consistent with government policies, objectives, and funding standards. Errors in judgment could result in a disruotion or delav‘ in a direct or indirect service., ha>ardous condi;ion, inefficient use of public funds witk an adverse effect on those bein or 'to.be served, the operation of then agency, -and the political ramifications in a high.profile sitzatiorf. 2. The 'incumbent,. tarough direct contact with Community .Organization.Officials, Agency-Executives, Municipal Counsellbrs, Senior Municipal Officials, M.P.P.'s, Program Consultants, Area Managers, Regional Directors, Exec;tive Co-ordinators, and other !<inis?:ries 'Solicitor General, Rousing, Health, Northern .\ Aff&irs, Culture and Recreatipn) transmits and interprets Legislation and Ministry directives and requirements and reviews information and data on proje.ct proposals pertaining to location, planning, design, construction, furnishing an-? equipping of agency owned or leased facilities:providing evalu- ations; assessments, recommendations and directions. 31 Assess capital b,udget submissions from client ccrpor- atims tc deterrLne.appropriate fur.ding, viability of the~proposal and. consister.cy of t?: submission against i :., : I 4. 5. 6. 7. 8. 9. 4. Performs other related duties as assigned. SKILLS AND XSCKLEDGE REQUIRED TO PEFZ0.W TYE NORX (state education, training, experience, etc.) -8- established standards within prescribed procedures as to accuracy cf judgement data and ra:icnal ;Ised or rejection of the capital budget a::d./cr project. Determines and sakes recommendations as to the most financially viable alternative ~i.e. build, buy and rencvate, leaseback, lease, etc.). Decisions made form the basis for Ministerial approval or rejection of funding. The incumbent FrOVideS or arranges ftr tecY.nical consultation (Xinistry Architects, Hc:e Eccnozists, Xrsing Con.sultants, Pinancial Officers, etc.1 to agency Boards on cor;;plex applications, texcering procedures, construction management, stip.ulated sum contract administration, furnishings, equipment, etc.; monitor .s the development of ccnstruction plans and contract dccuments ensuring the lzplementation of Legislative requirements and prescribed stzndarfis by the agencies and their design tear: and obtains legislative and other approvals as rsqulre? to completion of the project. Evaluates completed facilities to cc~:pare the function of the finished product with the expectations during the planning stage and, where necessary, recorrmend changes to Ministry design guidelines and standards. Trovides coznents and makes recozmen~ations regarding proposed changes in Ministry policy znd capital funding inequities and/or inconsistencies across Xinistry programs. Khen required, investigates/reviews critical incidents of reported nob- compliance in accommodation to determine need for formalized Ministry or other authoritative body investigation, makes appropriate recommendations and initiates corrective action. Provides a consultative service to Xea Offices by evaluating and making recommendations on major repairs, maintenance, renovations or replacerents in existing facilities. Demonstrated siministrative and ass%ss?.ent s:kills acquired through completion of a degree (BusLness .\dministratio?., Urban Planning) plus ester.si.:e experience in construction, budgeti:; and adninist- ration or a.n ecuivalent combination zf ed-zca:ion and related e>:jerience. A thoraugk ::r.2wle5ce of the relevant legislation (13 &7ts) -.:2 policies, -9- regulations and procedures ~both Kithin and outside government related tc obtaining t?e necessary building approvals. A thorough knowledge of applicable by-laws, building codes, fire. and safety standards, health requirements and special recuireme>ts, etc. tiility to read and interpret architectural plans and specifications and understand legal-documents, i.e. lease, purchase contracts and agreerents. Xell developed inter- personal, conun2nicatlon and co-orEination skills are necessary in developing and izintaining a co- operative.relationship with varic-s Boards and approval authorities. Ability to analyse complex situations and make timely so.and decisions and recommendaticns regarding location, planning, design and equipping et:., in regard to the client's needs, resources available and Xinistry priorities. 5. SIGNATURES Immediate Suprevisor Date. !,!inistry Official Date 6/6/80 :i . w . Basich ~6/6/80 CLASS ALLOCATIOX Class Title 2 Class Code bccupational Group No ~Community Development 05512 .' AD-09 . Officer 2. (Atypical) Us E'"ective Date -* : Cl 06 80 Cd?FFIRNATION OF CLASS (ATY?ICAL) A. Provides consultative services to community organizations regarding the establishment, expansion, alterations/ renovations of a facility: major repairs/replacements . in a facility, under one o: any combination of Ministry funded programs to ensure compliance with the relevant legislation and policies. B. Assists in the investigation of community needs and the evaluation, o'f ficilities and resources by interpre- ting Legislation ant' Minis: ry directive requirements: .: conduct investigations of buslnesaer applying for financial essistsc:e, prepare necessary 3:ts, zake recc=zaen2atlons and to perfor, such other related Cc~its 2s aasigcad. - 10 - reviews informarion ax6 data ;n pr::*cts proposals re location planning, design, cons::Jct:::, furnishlnc: and equipping or agency owncS,'leasr2 facilities, providing evaluations, assessments, recc::endacrons 2nd directions. ;. Provides information regardi:; bra:zh pr:;rammes, services and resources in rel:tier. 13 cz;-:a1 budget submissions fror. client corpzraticzz to f5:ermine appropriate funding, uiabiliz;of tL:% prz;zsa+ a+ consistency of the SubTissicr. agai:;t ec::bllshea standards re sc;?ort/rejecti:?. of ::?,itaI budget and/or project ior approval 1-y Mar.c;er. SIGNATURE OF AUTHOZIZED SUPERVISOR DATE (Pls:;e ty;* evalctor's nanel 16.1'/,'80 R. ‘;.arr:i . IncGbents of this position, while reporting a&.lnlstratlvel~ to tk.s Director of Loan ,;lications, norxllg' perform their duties ucder the profcssioca.L direc:ioa of a Senior .‘~ .:sultant acciog as a ceaa leader or ae a etaior spedalist. 1. Conducts investigations of applicszts applying fcr ffozzrial rrsfstaoce through the Ch:ario kvelopmenf Corpordrion by performLog such :ssks LZ:- - detcr-ining eligibility under one or more loao progra: - dcter=ining the need for and aunt of financial assis~acce; - dctedning the benefits to QItarlo of the proposed Frojcct; - cvaluting the applicants operazing efflcfency and crragcrfil conpetcnce; - cvaluaating the market for the s?pllcaoC’s proC;lcts; I .-. - __ - - aoal~zin~ financial statements and projections; - deteminlng the abi.lity to repay a loon and the security availabLe; - evslmting the overall risk in providing financial assistance; - recomending to the’ should be provided and,the de iled terna and conditions that~shxld be set; 7 t .the amount of financinl assists~~~ce that ~. ’ ?. - advishg a?;llcants that are not able to obtain financial asslst.zce fra3 O.D.C. on al:emat:ve solutions to the’ir problems; L assisting cr-parries,~ particularly those seeking to locate in OntL:io, to 0h:ain financing ar.2 advice from various govement m2 private sector sources; - prbtide coos;Jltative seticesin~ereas of particular expertise to applicsots nnd borrovers. 5 requested by other.0.D.C. 3ranches; - promoting the aim and‘objectives of the O.D. C. at workshops an2 field trips; - nainttinLog liaison at the executive level with govemxnt depazr-ents and fins cogsFed in busi6ess developnent and -bushess. ~finandog; - related duties as assigned. -5 AhiO KEIOWLEDGE EEOUlfiED TO PERFORM THE WORK ,SI.STE EDuCITIDH.TRAINING. EXPf RIENCE ETC., A deer Lhiversity of reccgnized standing in cowzerce b finawe, business afiistra:ion or - rrins or necbershl? in a professional accounCiUg SSSOCiStiOO Or its eq’dW&nt ir. educa cmerfence olw several vears emerience in a SedOr ?osition in indwtry. and/or trai :I, OX for approx; 2-3 ye&s togeiher with {ca?e=ic stand&q 6 other rela-t;d experience .- I’ndrr the professional dir~ection of a Senior Cmsulta3t to conduit~ifr.vestigations of :cnp;rnics and/or b,Jsinesses .applylng for a,ssis:ance from the Corporatisns, prepare :*.yo::r, an? n;ikr r~ccmze?ndJti~ns,. incerviev 3~2 visit applicmts atid their proposals ;r, :1 l~crfor other related duties, as osslgned~ _?, - 12 - Insofar as the co-ordination of Capital Projects is concerned the province is divided into four regions. There are three Project Co-ordinators in the province and th.Js each is responsible for one region plus part of the Xcrthern Reqicn. ;iithin each region there are a number cf areas, fcr example in the Kingston Region there are six area offices each with an area Manager. Essentially what the Grievers do is co-ordinate attempts by private or governmental or;snizations to obtain government grants to renovate, enlarge or build ne*d facilities in which various social proqrams can be purs.:ad. For example, much of the work seems to be in the ncrsinq 'Lome, sheltered workshop, and day-care area. An out1ir.e of the the Grievors was prepared (Exhibit 5) 2nd reads ,, "PROCESS (DUTIES h RESPONSIJILITIFS ON MAJOR CAPITAL) work done by as follows: Elinor capital funds are allocated to each Area ., Office for their appropriate programs. Minor capital is for the purchase of items of furnishings and equipment and minor renovations to existing programs operated under the jurisdictionof this Ministry. The maximum gross cost for minor capital is $lO,OOO.OO in all programs except for Senior Citizens Programs which is $20,000.00. The Troject Co-Ordinator may Provide advise and/or assistance to the Area Office in respect to various requests submitted by organizations. At such time as the Area Manager approves a request, the Project Co- ordinator receives a copy of the same. The "Notification of Minor Capital" approval is reviewed by the Project Co-Ordinator receives a copy of the same. The "Notif- ication of Minor Capital" approval is reviewed by :he Project Co-Ordinator in respect zo appropriate legislation, conditions for approval which may not have been identified etc., and advises the Area Office if necessary. If a revised notification of minor capital approval needs . . - 13 - to be subm$itted, to the organizatic:, the ?roject Co-Ordinator advises the Area Office, for which the Capital and Financial Sections will be fcrwarded a revised copy. At such time a minor capital claim form is submitted for payment and for whatever reascz’the claim cannot be processed, the Project Co-Ordicator contacts the Area Office and resolves, the parti:Liar issue by directing the Area Office on the szme. If the approval involves's structural ,alteration, ~'the~plans and specifications are reviewed and approved through the Project Co-Oriinator before the work proceeds. This may invol'.'e a meeting with the organization and a view of the existing conditions. The project plans that are of a fire safety nature are forwarded through'the Project Co-Ordlnator to the . Ontario~Fire Marshal for review approval purposes. PROCESS (DUTIES & RESPONSIBILITIES ON .NAZOR CAPITAL) 1. OVERVIEW Project Co-Ordination involves zhe prccedures involved to implement an intent (p:oposal) through to the successful completion of a project (facility). which depending on the size may vary from one to four years to,complete depending on the complexity of the project. The Project CoLOrdinator is responsible for the implementing of a'proposal through to the completed facility ~.by controlling the development of the facility through the various steps outlined in the Ministry's "Guidelines to Establish, Expand and/or Renovate Facility". This mentioned guideline is a, rnear.5 to systematically complete the project in respect'tc the organization's program proposal, legislation, Ministry design guidelines, policies and directives. The Project Co-Ordinator has a dual role in the development of, a facility: .- Consultation with, either the Aduii or Children's - a) / Divisions .prior to proposals bein? priorized by the Division, at which time the requesting organ- ization (Municipality Non-Profit Corporation, Indian Bands Student Co-pperatives) may ask for assistance or direction on zhe .prscticality or feasibility of their intenCed prcposal, interpre- tation of legislation or procedures. This czn- :‘.I. .’ ;.. ‘-, - 14 - sultation role is usually at the request of the Area Office, for which a report and direction is forwarded to the Area Office concerning the proposal. b) At the time the Corporate Divisional Office advises Capital and Administrative Services Branch of their respective priorities, the Troject Co-Ordinator is then responsible for the development of the priorities in his assigned geographic area. The Project Co-Ordinator undertakes a review of the priorities by requesting from the appropriate Area Office copies of all current information concerning the proposal. Upon receipt and review of the information, the Project Co-Ordinator undertakes to arrange a meeting with the Organization. The organization would be represented by an executive officer of the Board and/or executive director etc. The purpose of this initial "Meeting of the Minds" would be to totally review the proposal submitted. If other Ministries such as Housing, Northern Affairs, Culture and Recreation were also involved with the proposal, they would also be asked to send an appropriate representative. The proposal would be assessed to determine the appropriate alternative (build, buy/renovate, lease/lease-back), the most financially viable based established ': standards, a projected capital budget and how the organization plans to raise their portion of the projected capital costs. Recommendations submitted to the Yanager by the Project Co-Ordinator form the basis of Ministerial rejection or approval- in-principle of the project. Should the project be approved-in-principle, the Project Co-Ordinator ensures the project is included and/or updated on the Capital Expenditures Control Report and Capital Work Plan. APPROVAL-IN-PRINCIPLE The ProjectCo-Ordinator again reviews the intent and resubmission from the organization based on the initial "Meeting of the Minds". The organization based on the accepted intent submits a list of possible locations for the intended program. The Project Co-Drdinator reviews by visiting each proposed location with the organization. The Area Office would be asked to also review each loc- ation. The best alternative is determined by agreement - 15 - with all parties in respect to the intended program, design guidelines etc. The Project Go-Ordinator then undertakes to have the property/buil?ing appraised and suggests to the organization an initial conditional offer to purchase. At such time.the vendor and organ- ization agree onan amount with the ::nowledge of the Project Co-Ordinator, a copy of the executed offer to purchase issubmitted to the Project Co-Ordinator. Such items as zoning, proposed renal-ation cost etc., would have been previously reviewed rnd'agreed upon with the Project Co-Ordinator. ACQUISITION APPROVAL (SITE/BUXLDING/3EASE) The Project Co-Ordinator submits t request for Ministerial Acquisition Approval for which an updated capital budget and schedule for implementation would be included. The schedule will be a means for the program consultant/supervisor 'to knci: when operating should commence. Also any conditions which may be pertinent with the approval. Errors in judgment on the part of the Project Co-Ordinator'at this time could ;res,ult in disruptionor delay of the proposal, hazardous : conditions, inefficient use of publiz funds. Such areas as financial viability of-the organization's portion and appropriate corporation ~approvals under the legis- lation are also verified by the Project Co-Ordinator. with Legal Services Branch and Regicr.al Financial Manager. PRELIMINARY PLANS . . ,At such~time the organization recaives acquisition approval and all conditions both Provincial and Locally have been adhered to, the organization 'is given direction to acquire..the subject property. If the acquisition is for a building to be renovated, the organization is asked to submit a capital claim for provinci,al share. The authorization is given either by the Project Co-Ordinator, Manager and/or Director. The capital claim onced received by the Project Co-Ordinator is reviewed and if acceptable is passed to the Financial Section for payment. In the meantime, the organization may have hired an architect or engineer. The Project Co-Ordinator may - ask to be involved with.the interviads. If a professional consul~tant (architect/engineer) is not involved this would have been previously discussed and accepted by the, Project Co-Ordinator at the approval-in-principle stage. I. :, - 16 - In the planning stage the Project C:-Ordinator exures that all program accommodation is designed and constructed in a manner appropriate to the program reauirements and consistent with goverxent policies ani objectives. If the Project Co-Ordinator feels additional input is required he will arrange for technical ccnsultation at this time (Yinistry Architect, Rome Economists, Nursing Consultants, f:c) in arranging the meeting with the organization. He ensures all relevant parties are available for dixxsion. In the preliminary planning staqe, considerable detailed PLanninq is undertaken to ensure the crganization's proqram objectives are me: in conjunction with the Xinistry design guidelines. This stage in development depending on the size and complexity ray involve a number of meetings and a -umber of reviews of the dasiqn drawings, elementaL cost analysis and project bldqet. The ?roject Co-Crdinator is t:-.e main point of contact to ensure all Zinistry consultants are satisfied. The timing for which the project is given approval to proceed to the preparation of contract documents (working drawinqs/specificatlon) is determined by the Project Co-Ordinator. At this time if necessary, the Project Co-Ordinator ensures that approved capital budget is adequate and the project is on schedule. He also ensures that drawinqs forwarded ta all provincial and local authorities for recommendations are returned to the organization. WORKING DRAWINGS/SPECIFICATIONS 'At the time approval is given to prepare working drawings and specifications the Project Co-Ordinator will discuss, if he already has not done so, the various means to undertake the construction akinistration (stipulated sum, contract management, project management etc) . The Project Co-Ordinator will advise the organ- ization of the most apprcpriate mean~s and the programs thereafter to follow. Any outstandinq recommendations on the design drawing would be resolve5 at this time to the satisfaction of the ?roject Co-Ordinator as well as any outstanding issues pertaining to the development to date of the project. The Project Co-Crdinator would also raise any possible issues or problems that may be avoided. While the consultant or desixxer is preparing contract documents, the ?roject Co-Ortinator reminds the organization to keep in touch with the Area Office in respect to operating budgets, policies of the proposed facility etc. - 17 - Again, depending on the size an5’ complexity 3: the project, the Project Co-Ordinator.xses his own tiscre- tion as to the organization submitzing 75% comPlete contract documents. Once submitted, the Project Co- ordinator ensures that they are re,.-iewed by all ministry consultants as soon as possible. 3e Project Co-Ordinator also reviews .the updated elemental cost anhlys:s which would also have been submitted. D,e to the tiTe element, it is imperative that the Project Co-Ordinator submit all recommendations back to the organization prior co the completion of the contract documents. If in acreement the organization will advise the E'roject Co-Or&nator of their decision. If the organization is not satisfied with the recommendations of the Project Co-Ordinator these outstanding items are further discussed w:?ich may entail a meeting to resolve bi;dget over-runs, drawings, specifications, etc. At such time the crqanization is satisfied, the contract documents sre completed and a finai,set is sent to the Project.Cc-Ordinator, and provincial and local authorities fcr~approval. If Project Co-Ordinator, -and provincial and local author- ities for approval. If Project Co-Ordinator is also satisfied the organization will be advised to tender the project.‘ The ~Project Co-Ordinstor will advise the organization of standard .tenderinq procedures etc. While the project is being tendered, a final review of the contract documents is undertaken. The ?roject Co-Ordinator seeks Ministerial Plan Approval which aqain includes an updated capital budget and schedule for itiplenentation. The recommended approval is submitted to the Nanagers of Capital and Financial and Director of Capital and Administrative Services Branch. During the time the project is being tendered, the Project Co-Ordinator keeps in close liaison with the organization. Any final recommendations on the drawings and specifications are submitted to the organization prior to tenders being received SC that the consultant (Architect/EngineerLcan .prepare thenecessaryaddendum. When time tendersare deceived the organization will submit to the Project Co-Ordinatqr an itemized list of the bidders, a recommendation of ihe prospective bidder which is normally the lowest and En updated budget. This information once received is carefully reviewed by the Project Co-Ordinator. Any irregularities on outstanding issues are resolved with the organization by the Project Co-Ordinator. At such time the Project Co-Ordinate: is satisfied all - 18 - policies, directives zzd lefislat;on ha'..? beer. met, he prepares a formal reccrmendation to the !!anagers of Capital and Financial Secticns ant Director Of the Branch recommending the final prolect cc:t, pro,/incial share and revised schedule. The organization wo.lld be adviesd of -he aPfrova1 by either the Project Co-Ortinator, Manzcer or Director, giving any conditions, the aPproved pro;tct ccst, the successful contractor which 1s normally -he firm the organization recommended. Ihe orcanizat:on will be advised of the proced.:res fc~r claiming Provincial fur.9s. UNDSR CONSTRUCTION Khile the project is under conszructl:n, the Project Co-3rdinator keeps a close Ilaiso: with -he de:'elopment ens-ring a11 change art er o: subsa;,Jent zevisicns in the approved budget a:e reTviewed End accspted. Various capital claims will be submitted to the >rojecz Co- ordinator which are reviewed and iorwarted to the Financial Section for Processing. The crganization will also be asked at this stage to subrit a detailed list of costs of proposed f.2rnishlngs ant equipment together with specifications where necessary which will be reviewed by the Project Cc-Ordizator. If acceptable the organization .&ill 'ra advised accordingly and authorized to call for renders. Cl:se liaison is' also done with the krtz 0ffL:e in resperz to :?.a corr.Pletioz of the prosect COXPLETIOS OF THE PROJECT At such time the project is complete and the designer (Architect/Engineer) advises so a?d prier to the final capital claim being processed, the Project Co-3rdinator undertakes a reconciliation of the actual cost against the approved budget. Also any outstanding approvals (change of orders) are resolved. In thr project recon- ciliation the Project Co-Ordinator recc:mends any add- itional costs which dze to the circumstances should be approved or identifies any cost Khich is not supported. The final claim attachTents and project reconciliation onced authorized by the Director for payment, the Project Co-Ordinator sends a last letter to the organization adsising of the final amounz bei:: processed for payment. The project file is ther. officially closed by the Prcject Co-Ordinator. - 19 - SCOPE AND COMPLEXITY OF X-ION In conjunction with the foreycing process, the Project Co-Ordinator is responsible for a varying number of projects which themselves vary in size and program de.sign complexity at any given time. Fcr example, at the time of :hLs a-dit the Co-Ordinator had just received a listinc of ten projects totally apprqximately one m,illior. sollzrs. :-:e is responsible for ensuring the most effective Use cf capital funds a:d co-ordinates the sched.zling, timing, cost-sharping, equipping and design. efficiency cf the project. Considerable discreticr. is exercised and time dey:oted tc the consultative and,Ze*:elop2ent role with the executive of the organization ic,detailed analysis cf tke overall project as we11 as the individual components. The Co-Ordinator must be prePa:red to resolve differ- ences and or conflicts in differing views of service deliverv and take appropriate decisive action to keep the project on schedule and'the facility functional. Independent judgment ins exercised in recommending the most effective alternative and design and cost chanqes. ** _: Depending on the rela tive sophistication of the client organization .(i.e. !<unicipality or Volunteer organization or the project i:e. Workshop, Home for Aged or Complex of Several Services) the Co-ordinator .mJst determine what other expertise might be brought . 8 in (e.g. Consultant Architect, Engineer, Home Economist, Nursing, etc., or examine other agencies' experience), ~co-ordinates other authorities iEvolved, with funding implications (i.e., Ministry of Health, Housing, Culture and Recreation, Morta,ge Canada, etc.), educates operators in translating drawings into~.the programs working entities and ensures the program needs are functionally housed i.e. (Workshop producticn flow, ~?.esidential.components . inter relate properly. i.e. seniors needs to be active 5‘Jt also able to re5reat to quiet areas). Acts as a catalyst to ensure all Parties keep on schedule and within budget. Suggests new'aPproaches, provides input .Fnto branch procedures, a-d legislative changes, such as, cuidel~ines and capital fundinp:regulations. Plans own time utilization. Incumbent requires a wide and extensive knowledge of social services pr0graz.s and the delivery of such ,services. Errors could lead to contentious issues under and/or over expenditure 25 fur.ds., cash flow irregularities, hazardous conditions and cr protiems regarding the client's ';se of the premises." I ‘, .-+. . . - 20 - By way of summary, it appears that the Grievers are responsible for approximately 100 projects per year. They work with the fund-seeking organization in determining which source of funds to pursue, and are involved to the extent of ensuring that the organizaticn proposal starts off 0:. the right track on the way to approval in principle. They make certain tecorrtmer.~- ations concerning priority of projects within the area and within the region although the final priorities are established by others. A significant part of their job seems to be in t:'.e, giving of advice to the fund-seeking~agency as to how best to organize the financial end of the project. 3ecause the funds provided by the Capital Projects Branch are normally only a part of the funds which the organization will require to complete the building of the facility, the Grievers do prz::iEe a valuable zdviscry service concerning other sources of funds that might be available. It is necessary at this stage for them to reach some conclusions concerning the financial lriability of the project, although the regional financial staff is also involved in this process. It appears to us that once the project has been approved their position becomes considerably more that of co-ordinator than that of advisor and they are responsible to ensure that the construction of the project continues in accordance with established standards. They have little or no in-olvement in operating the facility once it has been constructed or in the actual obtaining of other forms of finance to supplement the covernment gia-.rs. The maximum salary for the position appears to be apprc:<ima:ely $32,000.30. ‘,, : ;.: - 21 - The role of the Grievance Settlement Bczrd in deali- with classification decisions has been dis~cussed znd to scme extent clarified in a significant number of recent cases. It involves the Board in a two-step process, the first step being to decide whether or not the Grievor is properly classified and the second step being whether or not, assuming tha answer in :he first step is no, the Griei70r‘miqht bet:er be classified in the classification sought in the grievance.. With respect to step one, the inquiry is into whether or not the Grie;zr is rctualiy p,erforming the duties set out in the, jch description which reflects the class standard for the cla.ssificatic:. Thus in normal cases the class standards are the absolute standard and if the work of‘the Grievor falls within the.apprcpriate standard, that ends the matter. Occasionally evidence is Led that other persons who are differently~classified are doing substantiall: similar jobs.to that done by the Griever.. This is often led to support the claim that the Griever should.be classified in the same way as those other persons. ?s has beer. suggested in. some awards, this evidence is most relevant.to the second step of the procedure, assuming the Grievor is not doing wo,rk with3 the relevant class standard. A number of the classification decisions deal with what could be called Atypical positions such as zhe one in question :. here. Atypical positions'are ones which do not really fit within any classification. With respect to z.i.e Grievorz the &:ldence of Penny Keel, Manager of Personnel Policy for COMCZ.2 - 22 - was that t;ie CD0 series into which the Grievors iere place: :;ds not totally related but did have some elements ci their wor:i in it. There were enough similarities in the class series tc x?.at the Grievers did that she chose it. As she ind::ated, Aty;izal sit-ations occur when positions, duties and respansibilitias differ significantly or the degree cf skill or :::owledge req.2ired differssignificantly from the class standards. Sf a very 5~11 nc5er of Feople are doing a job which does not appear to fi- cr:;erly h%thin any class series, rather than de.:elop a ne:; class series for that number,the "least inappropriate" class series is chosen. In the case of t?e Grievors +.ey are apparently twc of apizroximately 50 employees in the province who are ir. the saze boat and up until now the Ministry has not been prepared to develo? a separate class series for them. I: has also been pointed out in various awards such as Hooper (S:an) 47/77 =?.at where the Griever is in an Atypical classificat:on, perha?: more 1a:itude should be given to the Grievor when assessing the appropriateness of the classification. Thus when looking tc ancther classification to see if it is more appropriate, rather than cornoaring duties,which will ncrmally fail zo show a fit, one wo.:ld compare by analogy. The real complaint of the Grievors ir. this case Ls tha: ths selection of the Community Development Class Series was an err3r. E.zch of the evidence given at the hearing concerned the Tezbnical Consultant Class Series and the posirion of Tec?..r.ical Ccr.su1tar.z 1 which the Grievers felt was a morb appro?riazz c?:ssificstion cf their duties. - - 2; - : :: :. -/ ‘7.. t that because the Grievers worked with some of -he s,ar.e agexzies or groups for whom the CD0 series xas designed and because zhere were some general similarities in the type of work dcne by rhe Grievors and by those for whom the series was Sesigned, thar: this was the most appropriate or to pur it inmore realisric texs the "least inappropriate" series. We feel that a significant factor in the selec:i:n of the CD0 series was the fact that the Grievers were workxg with mady of the same 'community crga,nizations as those for whom the series was designed. The function of those within the ~series is clearly to act as a local advisor and catalyst tom comnxity groups to promote. cultural activities of varic.;s kints. T?.e suggestion of the employer is that because these cultural activities would take place in facilities, ,the construction of which LFIS co-ordinated by the Grievors, thar therefore t:?e Grievors ';ere doing similar work. We have some doubts -about th.is proposition. At its most general it may be.true but it strikes us as not unlike suggesting that because a lawyer and a-law librarian both deal with law b.ooks that therefore they so similar work. / A general description cf what the Grievers do is that they are involved in helpin people obtain grants to build buildings. They are involved in the administration of these grants on an intimate level; Thus the Frimary focus of their acsivities seems to be in the'provision of f.ands and suFsrvisicn of :‘ne expenditure of these funds one behalf of the gzvernment. tome class series which deals with this financial activi:; ads c;~osei to providing a cultural stimclus wo,:ld seem to--a to be a mcrz L - 23 - The firs- - step then,is to decide whether OL' T.;: the Community Development Class Series is an appropriate 3.1.2 . tlssrly, if the series is aoprcpriate, because the job descrirticn rat:hes what they do,then they are properly classified withi:. z1:a.t serves. It was not suggested that they should be classified 2s 3~33. Evidence of Penny Keel k'as that she would normally hzve cless:fied this position within the Technical Services grouping. It k’5.e her view, however, the: there were not appropriate class series xl-hi.? that grouping to cover the Grievors. She then 1ooksZ Ln t:?s Administrative Services qrou?ing and fou:nd that it ~2s difficult to find what she considered to be the apprsoriate ilass series. One of the ways in which she chose the Car?.--nizy 2e:-tloiXent Officers Series was by looking at the preamble of the series to see what sort of work it covered. Looking at the prearble set c.2t above it is clear that the series is designed for ;?o;le k'hc provide cultural stimulus to community organizations. The organizations are, to some extent, the same organizations as the Grievors deal with and the Grievors do provide leadership ar.2 advisory services to these groups in the context of arolying for major capital grants. To some extent the Grievors are invorolved i.? the investigation and evaluation of community resources and facil- ities but only to the extent of being part of a team hhich assesses the financial viability of a proposal. The only ;rrt of the preamble which comes closest to what the Grievors do is the sentence which reads as follows: "They also arrange ior th.r ore- I I , vision of financial assistance in the form of grarzs". It ‘<as :KE evidence of persDnr.el fro:, the Classifications Brz:c? 1 - 25 - appropriate series. Frc:. the point of view of occupationally related jobs, as we have suggested, some job involved in the provision and administration of finances seems to be the ., more appropriate one. The job to which the Grievors claimed tc be more appro- ~oriately compared was in the Technical Consultant Series. Evidence :zas given at the hearing from two persons who had occupied the position of Technical Consultant 1 (TCl) which the Grievors claimed in their grievance. The gimary focus of the Technical. Consultan: Series is in the stimula:.ion of economic growth LT. the province through financial aid of Tiarious kinds to private industry. The Technical.Consultant l'.s, who are required to have qualifications similar to those possessed by the Grievors, have a considerable degree of responsibility fn the screening and approval of applic- ations for financial aid under a number of different provinciai programs. We were impressed by the degree of financial respon- sibility required to be shown by TCl's , and with the extent to which these persons were, reguired to independently and actively . investigate the financial management of the applying agency. The TCl's review a.number of applications during the year and appear to be each involved in between 20 and 25 approved applications. They seem to us‘to have considerably more responsibility for financial decisions in the sense that more independent judgment is req.Jired,than that ex5rcised.b: the Grie\.ors. This is not to - 26 - suggest that the Grievor's do not have a requirement to exercise significant financial judgment but it is clear that the Grievers do work as a >a:t of a team which includes area and regiona: personnel. It k'as suggested that the Technical Consultant Serves was designed for persons in the Ontario Development Corporarion and that there is only one other employee in the provincial government whc is dcing a somewhat similar job (in the Natural Reso.Jrces zrez! who falls lcithin this series. Leaving aside for the moment the fact -hat the clients of the Technical Consultant personnel in the ODC normally are somewhat different than those seen by tke Grievors, it does seem that on a general compar:son at least the sort of involvement of the Grievors in the obtaining Of financial e.ssistance and in supervising its expenditure is quite similar to that of the TCl's. The difficulty with the TCl classificatioz however, is that the degree of responsibilit: exercised by those in the classification is higher than that exercised by the Grievors. As stated earlier the function of the Board is tc decide whether the Grievers are doing work within the CD02 classificatio n, and if not, to decide whether they are within a different classification claimed in the grievance. As a result of the recent case of Brecht, (1882), 40 OR (2d) 142 it is clear that in classification matters the Board does have a fairly wide- ranging cower to go outside the particular classification In which the Grie.:ors ire fo,:nd, to seek an appropriate one. It dcrs not, - 27 - however, Eeal with the meaning of Article j.l.I.(b) of the Collective Agreement which limits the Board t: "finding that the Griever would be properly classified in t:-.t job classification which he claimed in his grievance." Thus, ii z classific:zion is sought outside the one in which the Griever is found, the lioard can deal with it. The aoard does not see.- tc ?.a:re the po~zr to search abo.:t through the entire cias'sificatic:s system of -he Ontario government, to find a proper fit. ;:'e are fully satisfied that the Srie--1:s are not z'roperlh classified as CD02's, and so declare. Ccmpar:r.g the t.;ork Zone by the Grievors with the class standards for :?e Technical Consultan; Series by analogy, it seems tc us :?.at the: fit properly within that series. We are not satisfied that th.5 TCl classification, the lowest in that series is z;propriate. The best solution to an apparent impasse seers tc -s to be th;: the parties be directed to meet to prepare an appropriate classification which recognizes the lesser respcmibilities rktting qon z:le Grievors, and that this Board remain seised :i the matter. DATZD AT London, Ontario this 11th day, of July, 1983. P.G. tiarto?., Vice Chairnan 2200 2400 F.D. Co,lloz, Xember