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HomeMy WebLinkAbout1980-0547.Patrick et al.83-07-11 Decision* 547/80 IN THE MATTER OF AN ARBITRATION Under the CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOAR2 betwen - Before: OPSEU (R. Patrick & 5.3. Baker) Gr ievors - 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 For the Grievor : P. J. J. Cavalluzzo Counsel Golden, Levinson Barristers & Solicitors For the Employer: D. Abramowitz Manager, Employee Relations Personnel Branch Ministry of Community and Social Services hearings : December 16, 1982 January 5, 1983 *,See preliminary Award dated May 19, 1982, also. * 547/80 IN THE MATTER OF AN ARBITRATION Under the CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD betwen : : - Before: OPSEU (R. Patrick & J.D. Baker) Gr ievors - 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 For the Grievor : P. J. J. Cavalluzzo Counsel Golden, Levinson Barristers & Solicitors For the Employer: D. Abramowitz Manager, Employee Relations Personnel Branch Ministry of Community and Social Services hearings : December 16, 1982 January 5, 1983 see preliminary Award dated May 19, 1982, also. -3- The job specification for the grievors indicates that they are Project Co-ordinators who work out of the central office and report directly to Managers at that level. When the position was originally created they were Executive Officer 1 in Management. In 1977 they were put into the bargaining unit and classified as CD02. according to the evidence of Mr. Baker, this classification was to be equivalent to Program consultant In 1980 program consultants became Program Supervisors in the Management scheme while the Regional Director of the Adult Services division Central Regional Office, responded to the Grievance by indicating that: "While I have rejected Technical Consultant 1 as a classifications I am requesting the Personnel Branch to undertake further review of the position to determine a more appropriate level of classif- ication". Evidence was given at the hearing that no more appropriate level of classification was found end the Grievors remain as CD02 at present. "CLASS STANDARD COMMUNITY DEVELOPMENT officer SERIES This class series covers the positions of employees involved in departmental programmes which foster and encourage citizen interest and particlpation in community activities for social development cultural enrichment, recreational enjoyment and physical fitness. These programmes also ensrue adequate opportunities for citizens of all age groups throughout the province to use their leisure time creatively and enjoyably Employees in positions covered by there classes provide leadership and advisory services to groups and organi- zations to promote their support of AND involvement in a -4- wide variety of community development projects to meet community needs stimulate interest in cultural prograrrmes (e.g. arts, crafts, language training, drama, and music), athletic programmes (both indoor and outdoor), and special services for youth and other groups (e.g. Indians, ethnic groups, etc.). They assist in the investigation and evaluation of community resources and facilities, and assessment of the effectiveness of current programmes and services, and the development of -new programmes. of financial assistance in the form of grants to municipalities and organisations. They maintain close liaison with officials of other jurisdictions and agencies with similar programmes and services." At the local level they They also arrange for the provision community DEVELOPXENT 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 promote their interest and involvement in the development and establishment of a variety of educational, social, cultural and recreational programmes for citizens and special groups. inforration regarding branch programmes, services and resources and stimulate local interest in these programmes. They assist in the investigation of community needs and the evaluation of facilities and resources. 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 community officials, school groups and voluntary agencies with similar or related programmes. They may assist in the training of trainees. ...." They provide They organize seminars and conferences CLASS STANDARD technical CONSULTANT SERIES this class series covers the positions of consultants in the Ontario Development Corporation who carry out the corporations responsibilities under the Ontario development Corporation Act. The corporation is authorized under the legislation to may do - including making loans, taking security, purchasing managing, leasing, and selling real property; all things that a corporation with share capital -5- buying, holding and selling all kinds of bills, notes, negotiable instruments, shares, debentures, mortgages, etc., borrowing such sums as it requires by temporary loans or by the issue and sale of debentures, bills or notes bearing interest. The Corporation was established for the purpose of stimulating the economic development of all areas of the province. It assists and encourages the development and diversification of industry through the provision of financial aid and advisory, technical, and management services to all types of businesses which meet the Corporation'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 remodelling or expansion of plant facilities and the purchase of new equipment which will increase substantially opportunities for employment. The Corporation's staff of consultants analyze applicants' problems and provide expert advice on financial, engineering, marketing, production 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 companies to establish new facilities in Ontario. The Corporation also operates industrial parks and provides industrial sites, equipment, premises and facilities. It encourages the invention 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 positions of employees of the Ontario Development corporation who conduct investi- gations into the management problems 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 such sources as company auditors and independent investment analysts prior to the granting of financial or other assistance. In co-operation with other advisers and analysts fro, the Corporation and after the granting of assistance, the company's adherence to a budget established by themselves through a continuing review of financial statements and other reports liaison with chartered banks and other financial institutions and Federal and Provincial government departments, in order to facilitate negotiations for long and short term loans for the companies with which they deal. rejection or ratification of applicant companies When assistance is granted a company they represent the interests of the province ensuring that the companies abide by the terms and conditions under which the assistance has been granted through a review of financial and other reports." they ensure they maintain They make recommendations for the JOB SPECIFICATION CDO 2 "Position Title Class Title Project Co-ordinator Class Code position Code This position is 05512 17-1450-70 revised Comm. development Officer 2 Previous Position Title No change Immediate Supervisor's Title Position Code Manager, Capital Project section -1450-68 Division Community and Social Services Cap. & Admin. Services finance & Administ- ration Services location address toronto no of incumbents Positions supervised incumbents Supervised Directly indirectly directly Indirectly 1. purpose OF POSITION (why does this position exist, state goals objectives etc.) -7- 1. 2. 2. To ensure the most efficient and effective use of capital funds assigned to Adult and Children's Services projects within the incumbent's designated geographic area according to Ministry priorities, needs and scheduling realities. To be the Ministry's technical resource to munici- palities, non-prcfit corporations, Indian Bands, and student cooperatives, and to corporate regional and Area Offices of the Ministry by providing consult- ative planning services and project implementation direction regarding the establishment expansion alterations and/or renovations of a facility and or regarding major repairs/replacments in a facility, under one or any combination of ministry funded programs, to ensure compliance with the relevant legislation(s) and policies. SUMMARY OF DUTIES AND RESPONSIBILITIeS (indicate percentage of time spent on each significant function, immediate scope, equipment, working conditions, unusual features, etc. 1. To ensure that all program accommodation is designed arid 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 disruption or delay in a direct or indirect service , hazardous condition, inefficient use of public funds with an adverse effect on those being or to be served, the operation of the agency, and the political ramifications in a high profile situation. 2. The incumbent, through direct contact with Community Organization Officials, Agency executives Municipal Counsellors, Senior Municipal Officials, M.P.P.'s, Program Consultants, Area Managers, Regional Directors, executive Co-ordinators, and other ministries (SoLicitor General, Housing, Health, Northern Affairs, Culture and Recreation) transmits and interprets Legislation and Ministry directives and requirements and reviews information and data on project proposals pertaining to location, planning, design, construction, furnishing and equipping of agency owned or leased facilities providing evalu- ations, assessments, recommendations and directions. 3. Assess capital budget submissions from client corpor- ations to determine appropriate funding viability of the proposal and consistency of the submission against -8- established standards within prescribed procedures as to accuracy of judgement data and rational used or rejection of the capital budget and/or project Determines and markes recommendations as to the most financially viable alternative i.e. build, buy and renovate, leaseback, lease, etc,). decisions made form the basis for Ministerial approval or rejection of funding 4. The incumbent provides or arranges for technical consultation (ministry Architects, home Economists, Nursing Consultants, Financial officers etc.) to agency Boards on complex applications, tendering procedures, construction management, stipulated sum contract administration, furnishings, equipment, etc,; monitors the development of construction plans and contract documents ensuring the implementation of Legislative requirements and prescribed standards by the agencies and their design tear.; and obtains legislative and other approvals as requireed to completion of the project. 5. Evaluates completed facilities to compare the function of the finished product with the expectations during the planning stage and, where necesssry, recomment changes to Ministry design guidelines and standards. 6. Provides comments and makes recommendations regarding proposed changes in Ministry policy and capital funding inequities and/or inconsistencies across Ministry program. 7. When required, investigates/reviews critical incidents of reported non-compliance in accommodation to determine need for formalized Ministry or other authoritative body investigation, makes appropriate recommendations and initiates corrective action. 8. Provides a consultative service to area Offices by evaluating and making recommendations on major repairs, maintenance, renovations or replacerents in existing facilities. 9. Performs other related duties as assigned. 4. SKILLS AND KNOWLEDGE REQUIRED TO perform THE WORK (state education, training, experience, etc.) Demonstrated administrative and assessment skills acquired through completion of a degree (business Administration, Urban Planning) plus extensive experience in construction, budgeting and administ- ration or an equivalent combination of education and related experience. A thorough knowledge of the relevant legislation (13 Acts) and policies, -9- regulations and procedures both within and outside government related to obtaining the necessary building approvals. A thorough knowledge of applicable by-laws, building codes, fire and safety standards, health requirements and special requirements, etc. Ability to read and interpret architectural plans and. specifications and understand legal documents, i.e. lease, purchase contracts and agreements. Well developed inter- personal, communication and co-ordination skills are necessary in developing and maintaining a co- operative relationship with various Boards and approval authorities. Ability to analyse complex situations and make timely sound decisions and recommendations regarding location, planning, design and equipping etc. in regard to the client's needs, resources available and Ministry priorities. 5. SIGNATURES A. B. Immediate Suprevisor Date 6/6/80 Min i s t r y Official H.W. Basich Date 6/6/80 class ALLOCATION Class Title Class Code Occupational Group Community Development 05512 AD-09 Officer 2 (Atypical) Effective Date 01 06 80 CONFIRMATION OF CLASS atypical No Provides consultative services to community organizations regarding the establishment, expension, alterations/ renovations of a facility; major repairs/replacements in a facility, under one or any combination of Ministry funded programs to Ensure complience with the relevant legislation and policies. Assists in the investigating of community needs and the evaluation of facilities and resources by interpre- ting Legislation and Ministry directive requirements: - 10 - reviews information and data on prospects proposals re location planning design, construction furnishing and equipping or agency owned/leased facilities providing evaluations assessments, recommendations and directions. Provides information regarding branch pre grammes services and resources in relation to capital budget submissions from client corporations to determine appropriate funding viability of the proposal and consistency of the submission. against established standards re support/rejecticn of captial budget and/or project for approval by manager SIGNATURE OF AUTHORIZED SUPERVISOR DATE please type evalutor's name 16/7/80 R. Harris JOB SPECIFICATION TC 1 ~can &plications A conduct investigations of businesses applying for f inancial assistance prepare necessary orts make recommendations and to perfom such other related duties as assigned incumbents of this position, while reporting administratively to the Director of loan lications normally perform their duties under the professional directin of a Senior sultant acting as a team leader or as a senior specialist Conducts Investigations of appllcaats applying for financial assistance through the Ontario development Corporation by performing such tasks as - determining eligibility under one or more loan programs - determining the need for and amount of financial assistance; - determining the benefits to Ontario of the proposed project; - evaluating the applicants operating efficiency and managerial competence - evaluating the market for the applicant's products; 1. - - analyzing financial statements and projections; - determining the ability to repay a loan and the security available; - evalutating the overall risk In providing financial assistance; - recouending to the the amount of financial assistance that should be provided and the de iled terms and conditions that should be set; - advising applicants that are not able to obtain financial assistance from O.D.C. assisting companies particularly those seeking to locate in ontario to obtain - provide consultative services in areas of particular expertise to applicants and - promoting the aims and objectives of the O.D. C. at workshops an2 field trips; maintaining Liaison at the executive level with government departments and firms engaged in busiaesr, developent and business financing - related duties as assigned. on alternatlve solutions to their problems financing and advice from various govenuent and private sector sources; borrovers, as requested by other 0.D. C. Stanches; nder the professional direction of a Senior Consultant to conduct investigations of companies and/or businesses applying for assistance from the corporations prepare reports and make recommendations interview and visit applicants and their proposals and perform other related duties as assigned. - 12 - Insofar as the co-ordination of Capital Projects is concerned the province is divided into four regions. three Project Co-ordinators in the province and thus each is There are responsible for one region plus part of the Sorthern Region. withing each region there are a number of areas, for example in the Kingston Region there are six area offices each with an area Manager, Essentially what the Grievors do is co-ordinate attempts by private or governmental organizations to obtain Government grants to renovate, enlarge or build new facilities in which various social programs can be pursued. For example much of the work seems to be in the nursing home sheltered workshop, and day-care area. An outline of the work done by the Grievors was prepared (Exhibit 5) and reads as follows: "PROCESS (DUTIES & RESPONSIBILITIES ON MAJOR CAPITAL) Minor capital funds are allocated to each Area Office for their appropriate programs. is for the purchase of item of furnishings and equipment and minor renovations to existing programs operated under the jurisdiction of this ministry maximum gross cost for minor capital is $10,000.00 in all programs except for Senior Citizens Programs which is $20,000.00. Minor capital The The Project Co-Ordinator may provide advise and/or At such time as assistance to the Area Office in respect to various requests submitted by organizations. the Area Manager approves a request, the Project Co- ordinator receives a copy of the same. 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 the Project Co-Ordinator in respect to 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 captial approval needs The "Notification - 13 - to be submitted to the organization the project Co-Ordinator advises the Area Office, for which the Capital and Financial Sections will be forwarded a revised copy. for payment and for whatever reasor. the ciaim cannot be processed, the Project Co-Ordinator czntacts the Area Office and resolves the particular issue by directing the Area Office or the same At such time a minor capital claim from is submitted If the approval involves a structural alteration, This may involve a meeting with the plans and specifications are reviewed and approved through the Project Co-Ordinator before the work proceeds. 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-Ordinator to the Ontario Fire Marshal for review approval purposes PROCESS (DUTIES & RESPONSIBILITIES ON major CAPITAL) 1. OVERVIEW Project Co-Ordination involves the procedures involved to implement an intent proposal 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 Co-Ordinator is responsible for the implementing of a proposal through to the completed facility by controlling the develpment 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 means to systematically complete the project in respect to the organization's program proposal, legislation, Mirlstry design guidelines, policies and directives. The Project Co-Ordinator has a dual role in the development of a facility: a) Consultation with either the Adult or Children's Divisions prior to proposals being priorized by the Division, at which time the requesting organ- ization (Municipality Non-Prof it Corporation, Indian Bands Student Co-Operatives) may ask for assistance or direction on the przcticality or feasibility of their intended proposal interpre- tation of legislation or procedures This con- - 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 Project 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 Manager 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 Project Co-Ordinator again reviews the intent and resubmission from the organization based on the initial "Meeting of the Minds". accepted intent submits a list of possible locations for the intended program. The Project Co-Ordinator 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 The organization based on the - 15 - with all parties in respect to the intended program, design guidelines etc. undertakes to have the property/building appraised and suggests to the organization an initial conditional offer to purchase. ization agree on an amount with the knowledge of the Project Co-Ordinator, a copy of the executed offer to purchase is submitted to the Project Co-Ordinator. Such items as zoning, proposed renovation cost etc., would have been previously reviewed and agreed upon with the Project Co-Ordinator. The Project Co-Ordinator then At such time the vendor and organ- ACQUISITION APPROVAL (SITE/BUILDING/LEASE) The Project Co-Ordinator submits e request for ministerial Acquisition Approval for which an updated capital budget and schedule for implementation would be included. program consul tant/supervisor to know when operating should commence. pertinent with the approval. the part of the Project Co-Ordinator at this time could result in disruption or delay of the proposal, hazardous conditions, inefficient use of public 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 regional Financial Manager. The schedule will be a means for the Also any conditions which may be Errors in judgment on PRELIMINARY PLANS At such time the organization receives acquisition approval and all conditions both Provrincial 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 provincial share. 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. The In the meantime, the organization. may have hired an architect or engineer. The Project Co-Ordinator may ask to be involved with the interviews. consultant (architect/engineer) is not involved this would have been previously discussed and accepted by the Project Co-Ordinator at the approval-in-principle stage. If a professional - 16 - In the planning stage the Project Co-Ordinator ensures that all program accommodation is designed and constructed in a manner appropriate to the program requirements and consistent with goverrnent policies and objectives. If the Project Co-Ordinator feels additonal input is required he will arrange for technical consultation at this tine (Ministry Architect, Home Economists, Nursing Consultants, Etc) in arranging the meeting with the organization. relevant parties are available for discussion In the preliminary planning stage, considerable detailed planning is undertaken to ensure the organization's program objectives are met in conjunction with the Ministry design guidelines. This stage in development depending on the size and complexity may involve a number of meetings and a number of reviews of the design drawings, elemental cost analysis and project budget. The Project Co-Ordinator is the main point of contact to ensure all ministry cons-Ltants are satisfied. approval to proceed to the preparation of contract documents (working drawings/specif icatlon) is determined by the Project Co-Ordinator. At this time if necessary, the Project Co-Ordinator ensures that asproved capital budget is adequate and the project is on schedule. He also ensures that drawings forwarded to all provincial and local authorities for recommendations are returned to the organization. He ensures all The timing for which the project is given 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 doze so, the various means to undertake the construction administration (stipulated sum, contract management, project management etc). The Project Co-Ordinator will advise the organ- ization of the most appropriate means and the programs thereafter to follow. any outstanding recommendations on the design drawing would be resolved at this time to the satisfaction of the Project Co-Ordinator as well as any outstanding issues pertaining to the development to date of the project. The Project Co-Ordinator would also raise any possible issues or problems that may be avoided. While the consultant or designer is preparing contract documents, the Project Co-Ordinator 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 and complexity of the project, the Project Co-Ordinator uses his own discre- tion as to the organization submitting 75% complete contract documents. Once submitted, the Project Co- Ordinator ensures that they are reviewed by all ministry consultants as soon as possible. The Project Co-Ordinator also reviews the updated elemental cost analysis which would also have been submitted. due to the tine element, it is imperative that the Project Co-Ordinator submit all recommendations back to the organization. prior to the completion of the contract documents. If in agreement the organization will advise the project Co-Ordinator of their decision. If the organizition is not satisfied with the recommendations of the Project Co-Ordinator these outstanding items are further discussed which may entail a meeting to resolve budget over-runs, drawings, specifications, etc. At such time the organization is satisfied, the contract documents are complete6 and a final set is sent to the Project Co-Ordinator, and provincial and local authorities for 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-Ordinator will advise the organization of standard tendering procedures etc. While the project is being tendered, a final review of the contract documents is undertaken. The Project Co-Ordinator seeks Ministerial Plan Approval which again includes an updated capital budget and schedule for implementation. The recommended approval is submitted to the Managers 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 recommentations on the drawings and specifications are submitted to the organization prior to tenders being received sc that the consultant (Architect/Engineer) can prepare thenecessary addendum. When time tenders are received the organization will submit to the Project Co-Ordinator an itemized list of the bidders, a recommendation of the prospective bidder which is normally the lowest and an updated budget. This information once received is carefully reviewed by the Project Co-Ordinator. with the organization by the project Co-Ordinator. At such time the Project Co-Ordinator is satisified all Any irregularities on outstanding issues are resolved - 18 - policies, directives and legislation have been net, he prepares a formal recomendation to the managers of Capital and Financial Sections and Direcror of the Branch recommending the final project cost provincial share and revised schedule. ?he organization would be advistd of the approval by either the Project Co-Ordinator, ManaGer or Director, giving any conditions, the approved project cost, the successful contractor which is normally the firm the organization recommended. The organization will be advised of the procedures for claiming provincial funds. UNDER CONSTRUCTION while the project is under construction the Project Co-Ordinator keeps a close liaison with the development ensuring all change order or subsequent revisions in the approved budget are reviewed and accrpted. Various capital claims will be submitted to the project Co- ordinator which are reviewed and forwarded to the Financial Section for processing. The organizztion will also be asked at this stage to submit a detailed list of costs of proposed furnishings and equipment together with specifications where necessary which will be reviewed by the Project Co-Ordirator. acceptable the organizztion will be advised accordingly and authorized to call for tenders. close liaison is also done with the area Office in respect to the completion of the project If completion OF THE PROJECT At such time the project is complete and the designer (Architect/Engineer) advises so and prior to the final capital claim being processed, the Pro ject Co-Ordinator undertakes a reconciliation of the actual cost against the approved budget. (change of orders) are resolved. In the project recon- ciliation the Project Co-Orcdinator recommends any add- itional costs which due to the circumstraces should be approved or identifies any cost which is not supported. The final claim attachments and project reconciliation onced authorized by the Director for payment the Project Co-Ordinator sends a last letter to the organization advising of the final amount being processed for payment. Also any outstandlng approvals The project file is then officially closed by the pro ject Co-Ordinator. - 19 - SCOPE AND COMPLEXITY OF action In conjunction with the foregoing process, the Project Co-Ordinator is responsible for a varying number of projects which themselves vary in size and program design complexity at any given time. example, at the time of this audit the Co-Ordinator had just received a listing of ten projects totally approximately one million dollars for ensuring the most effective use of capital funds and co-ordinates the scheduling timing, cost-sharing , equipping and design efficiency of the project. For he is responsible Considerable discretion is exercised and time devoted to the consultative and development role with the executive of the organizatlon in detailed analysis of the overall project as well as tje individual components. The Co-Ordinator must be prepared to resolve differ- ences and or conflicts in differing views of service delivery and take appropriate decisive action to keep the project on schedule and the facility functional. independent judgment is exercised in recommending the most effective alternative and design and cost changes. Depending on the relative sophistication of the client organization (i.e. municipality or Volunteer organization or the project i.e. Workshop, Home for aged or Complex of Several services the Co-ordinator mus determine what other expertise might be brought in (e.g. Consultant Architect, Engineer, Home Economist, Nursing, etc., or examine other agencies' experience), co-ordinates other authorities involved, with funding implications (i.e., Ministry of health, Housing, Cclture and Recreation, Mortage Canada, etc. educates operators in translating drawings into the programs working entities and ensures the program needs are functionally housed i.e. (Workshop production flow, Residential components inter relate properly i.e. seniors needs to be active but also able to retreat to quiet areas). Acts as a catalyst to ensure all parties keep on schedule and within budget. Suggests new approaches, provides input into branch procedures, and legislative changes, such as guidelines and capital funding regulations. Plans own time utilization. Incumbent requires a wide and extensive knowledge of social services programs and the delivery of suzh services. Errors could lead to contentious issues under and/or over expenditure of funds cas flow irregularities, hazardous conditions and or problems regarding the client's use of the premises." - 20 - By way of summary, it appears that the Grievors 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 organization proposal starts off on the right track on the way to approval in principle. They make certain recommend- 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 the giving of advice to the fund-seeking agency as to how best to organize the financial end of the project. Because 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 Grievors do provide a valuable advisory 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 viability of the project, although the regional financial staff is also involved in this process. It appears to us that once the project has beer! 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 involvement in operating the facility once it has been constructed or in the actual obtaining of other forms of finance to supplement the government giants The maximum salary for the position appears to be approximately $32,000. 00. - 21 - The role of the Grievance Settlement board in dealing with classification decisions has been discussed and to some extent clarified in a significant number of recent cases. It involves the Board in a two-step process, the first stpe being to decide whether or not the Grievor is properly classified and the second step being whether or not, assuming the answer in the first step is no, the Grievor might better be classified in the classification sought in the grievance. With respect to step one, the inquiry is into whether or not the grievor is actually performing the duties set out in the job description which reflects the class standard for the clsssificatication. Thus in normal cases the class standards are the absolute standard and if the work of the Grievor falls within the approprate standard, that ends the matter. Occasionally evidence is led that other persons who are differently classified are doing substantially similar jobs to that done by the Grievor. This is often led to support the claim that the Grievor should be classified, in the same way as those other persons. As has beer. suggested in some awards, this evidence is most relevant to the second step of the procedure, assuming the grievor is not doing work within the relevant class standard. A number of the classif ication decisions deal with what could be called Atypical positions such as the one in question here. Atypical positions are ones which do not really fit within any classification. With respect to the Grievors the evidence of Penny Keel, Manager of Personnel Policy for comsoc - 22 - was that the CDO series into which the Grievors were placed was not totally related but did have some elements of their work in it. There were enough similarities in the class series to what the Grievors did that she chose it. As she indicated atypical situations occur when positions, duties and responsibilities differ significantly or the degree of skill or khowledge required differssignificantly from the class standards. number of people are doing a job which does not appear to fit properly within any class series, rather than develop a new class series for that number, the "least inappropriate class series is chosen. In the case of the Grievors they are apparently two of approximately 50 employees in the province who are in the same boat and up until now the Ministry has not Seen prepared to develop a separate class series for them. in has also Seen pointed out in various awards such as Hooper (Swan) 47/77 that where the Grievor is in an Atypical classification, perhaps more latitude should be given to the Grievor when assessing the appropriateness of the classification. another classification to see if it is more appropriate, rather than comparing duties, which will normally fail to show a fit one would compare by analogy. If a very small -. Thus when looking to The real complaint of the Grievors in this case is that the selection of the Community Development Class Series ws an error much of the evidence given at the hearing concerned the Technical Consultant Class Series and the position of technical consultant 1 which the grivors felt was a more appropriate classification of their duties. - 21 - that because the Grievors worked with some of =he same agencies or groups for whom the CDO series was designed and because there were some general similarities in the type of work done by =he Grievors and by those for whom the series was designed, that this was the most appropriate or to put it in more realistic terms the "least inappropriate" series. We feel that a significant factor in the selection of the CDO series was the fact that the Grievors were working with many of the same community organizations 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 to community groups to promote cultural activities of various dinds suggestion of the employer is that because these cultural activities would take place in facilities, the construction of which ;;as co-ordinated by the Grievors, that therefore the Grievors were doing similar work. We have some doubts about this 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 books that therefore they so similar work. the A general description of what the Grievors do is that they are involved in helping; people obtain grants to build buildings. They are involved in the administration of these grants on an intimate level. Thus the primary focus of their activities seems to be in the provision of funds and supervision of :'ne expenditure of these funds on behalf of the government :me class series which deals with this financial activity as opposed to providing a cultural stimulus would seen to us to be a more - 23 - The first step then, is to decide whether or not the Community Development Class Series is an appropriate one clearly if the series is appropriate because the job description matches what they do, then they are properly classified within. that series. It was not suggested that they should be classified as OD03. Evidence of Penny Keel was that she would normally have classified this position within the Technical Services grouping. It was her -- view, however, that there were not appropriate class series within that grouping to cover the grievors. She then looked in the Administrative Services grouping and found that it was difficult to find what she considered to be the apprapriate class series. One of the ways in which she chose the community development Officers Series was by looking at the preamble of the series to see what sort of work it covered. Looking at the preamble set out above it is clear that the series is designed for people who 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 and advisory services to these groups in the context of applying for major capital grants. To some extent the Grievors are involved ir. the investigation and evaluation of community resources and facil- ities but only to the extent of being part of a team which assesses the financial viability of a proposal. The only part of the preamble which comes closest to what the Grievors do is the sentence which reads as follows: "They also arrange for the pro vision of financial assistance in the form of grants It was the evidence of personnel fron the Classifications branch - 25 - appropriate series. related jobs, as we have suggested, some job involved in the prevision and administration of finances seems to be the more appropriate one. From the point of view of occupationally The job to which the Grievors claimed to be more appro- priately compared was in the Technical Consultant Series. was given at the hearing from two persons who had occupied the position of Technical Cor.sultant 1 (TC1) which the Grievors claimed in their grievance. Series is in the stimulation of economic growth in the province through financial aid of various kinds to private industry. Technical Consultant 1's, who are required to have qualifications similar to those possessed by the Grievors, have a considerable degree of responsibility in the screening and approval of applic- ations for financial aid under a number of different provincial 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 required to independently and actively investigate the financial management of the applying agency. 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 reqaired than that exercised by the Grievors. Evidence The primary focus of the Technical Consultant The The 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 Grievors do work as a part of a team which includes area and regional personnel. It was suggested that the Technical Consultant Series was designed for persons in the Ontario Development Corporation and that there is only one other employee in the provincial government who is doing a somewhat similar job (in the Natural Resources area) who falls within this series. Leaving aside for the moment the fact That the clients of the Technical Consultant personnel in the ODC normally are somewhat different than those seen by the Grievors, it does seem that on a general comparison at least the sort of involvement of the Grievors in the obtaining of financial assistance and in supervising its expenditure is quite similar to that of the TCl's. classification however, is that the degree of responsibility exercised by those in the classification is higher than that The difficulty with the TCl exercised by the Grievors. As stated earlier the function of the Board is to decide whether the Grievors are doing work within the CD02 classification, 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, (1982), 40 OR (2d) 142 it is clear that in classification matters the Board does have a fairly wide- ranging power to go outside the particular classification in which the Grievors are found, to seek an appropriate one. It does not, - 27 - however, eeal with the meaning of Article 5.1.2.(b) of the Collective Agreement which limits the Board t: "finding that the Grievor would be properly classified in the job classification .- which he ::aimed in his grievance." Thus, it classificzzion is souqht outside the one in which the Grievor is found, the 3oard can deal with it. The Board does not seem tc have the power to search abczt through the entire c1assificatic:-s system, of the Ontario government to find a proper fit. we are fully satisfied that the grievors are not z'roperly classified. as CD02's, and so declare. comparing the viork lone by the Grievors with the class standards for the Technical Consultant: Series by analogy, it seems tc. us that they fit properly within that series. We are not satFsfied that the TC1 classification, the lowest in that series is appropriate The best solution to an apparent impasse seems to us to be that the parties be directed to meet to prepare ar, classification which recognizes the lesser respoi-sibilities resting upon the Grievors, and that this Board remain seised cf the matter. DATED AT London, Ontario this 11th day of July, 1983. \ - P.G. Barton., Vice chairman 5: 2200 5: 2400 F.D. collon member