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HomeMy WebLinkAbout1981-0146.Clarke.82-04-07Between: --- ,: ” IN THE MATTER OF AN ARBITRATION Under The CROWN EMPLOYEES COLLECTIVE SARGAINING ACT Bef,ore For the Griever: -_ THE GRIEVANCE SETTLEMENT BOARD MS. Eulalee E. Clarke Grirvor - And - The Crown in Right of 0ntar.o (Ministry of G0vernmer.t Services) EIliplOyeX Mr. E. 3. Jolliffe, Q.C. vice cilairnan MT. R. Russell i:en;lber MS. M. Gibb :I e pi: b e r Mr. A. Ryder, Q.C., Counsel Cameron, Brt?win & Scott October 9, 1981 - 2 - CECISION The grievance of Ms. Eulalee' Clarke was referred to arbitration in February, 1981. A hearing scheduled for July 7, 1981, was adjourned on consent at the request of the Employer. A second adjournment of a hearing scheduled for September 17 was applied for by both parties;~ after hearing their representations, the Board granted the application in an interim decision dated October 2, adjourning the matter until October 9. ; For the employer, Mr. Moses raised a preliminary objection related,to timeliness. Be pointed out. that under Article 2714 of the applicable agreement; arbitration ought, to have been.applied forwithin 15 days of the employer's ,reply at the second step of the grievance procedure. According to Mr. Moses, the second-step reply is dated January 20 and the Union's letter to the Soard requesting'arbitration is dated February 18. Strictly speaking, neither the former nor the latter was adduced in evidence before this .Board, and.neither is an exhibit in evidence, although both form part of a record apparently given the Registrar. There is thus no proof that the second-step reply was actually sent or received in January and consequently no evidence whatever, that a period of more than 15 days elapsed between the date of receipt and the date of the application to the Board. Moreover, it was decided in Keeling 45178 and Woods 224179 that the right to arbitration is paramount. The rights of an employee to resort to arbitration under the Crown Employees Collective Bargaining Act cannot be set asideor barred in the absence of strict proof,that such rights have been forfeited.by reason of failure to comply with the requirements of the Act or the'applicable agreement or the ordinary rules of evidence. The date appearing on a letter does not constitute proof that it was sent on.that date or received.shortly thereafter. (TJ The party relying on a technical objection must itself meet all commensurate technical requirements, which has not been done in this case. The employer's preliminary objection therefore fails. This is a classification grievance. Ms. Clarke com- plained on December 2, 1980, tha't her position was "improperly classified as Cle-rk Typist 3:'; She sought to be classified "Clerk Typist 4 effective Sept. 1, 1980,"~ Exhibit 2. (-_ On December 12 Ms. Lorna Sidney, Supervisor Public Tenders Office, Ministry of Government Services, replied that after asking the Personnel Branch to review the class allocation, she had been assured the position "meets the allocation factors of the standards for a Clerical Typist 3 classification," Exhibit 3. Although not in evidence, the second-step reply obviously rejected the grievance. The employer continues to maintain that the position is correctly classified. From 1975 to 1980, Ms. Clarke's position was Clerk Typist 4. On September 1, 1980, it was re-classified downward to Clerk Typist 3. Not surprisingly, a grievance resulted. According.to the grievor's evidence, her duties and responsibilities were'much the same after September, 1980, as ~~ '- : @ they,had been before the reclassification. In Exhibit 5 (a resum: of her history' prepared by her fdr the information of management) she summarized as follows her work between 1975 and 1980: Ministry of Cbvernment Services, hublic 'lenders Cffice as .Clerk Typist 4. Performed clerical a16 typing duties in processing advertised ard invitational tenders. Performed administrativeduties and handled inquiries in person and by telephone. In charge of Tenders' Cfficeduring frequent absences of Supervisor with approwiate signing authority. Trained new typing ard clerical staff in the processing of advertised ard invitational tenders and handling inquiries from the general public.~ The work after September,. 1981, .was summarized in the same words except for the omission of the last sen‘tence. The omission seems due to the fact that she had no new staff to train in 1981, when she prepared the resume/. In June, 1981, some months after the grievance had been referred to arbitration, there was a study made of the i - 5? position. The result became Exhibit 5 in this case, titled "Job Audit (Eulalee Clarke) Senior Tenders Clerk Sourcing Section Queen's Park." The grievor says she had not been consulted about the 1980 reclassification, but she was consulted about the Job Audit. Indeed, it is signed by herself as well as her super- visor, Ms. Sidney. (.;, Before considering the detailed description set out in the Job Audit, reference must be made to the Class Standard for the "Clerical,, Typing, Stenographic, and Secretarial Class Series," Exhibit 4. Within the ClericalTypist Series are four classes. Relevant in this case are the classes designated,"Clerical Typist 3" and "Clerical Typist 4." There is no doubt Ms. Clarke's position meets at ,. .- least the definition of a "Clerical Typist 3," and possibly more c than matches the "Characteristic Duties" and "Qualifications" specified. However, the real issue in this case is whether the position fits the Standard for "Clerical Typist 4," as the grievor alleges and the employer (at least since September, 1980) denies. It is appropriate therefore to quote the full text of "Clerical Typist 4" as it appears in Exhibit 4: c -6- .UASS DEFINITION: This class covers positions containing first line supervisory duties, responsible clerical-typing mrk, or a combination of both: all employees at this level wrk under very limited direct supar- vision and receive only a general check on completion of assignments. They make decisions entailing the exercise of independent judgment based cn a good knowledge of a number of specific statutes, regulations ad administrative p~-0~edures as well as on an urderstanding of the relationship of their organizational unit to the department as a whole. Spcific instructions are:received cnly on unusual problems, technical questions ad matters of plicy, while normal wrk sequences are left to the employee's initiative. Typical of this level are frequent contacts withothermrkunits and the public involving the use of tact, wgment a& persuasion in explainirq ard obtainiq , c.. co-oparation with regulations and administrative pzccedures. Judgment is exercised in &ministeringspecificwell4efi.ned rules ard statutes, in channelling u@ simple reconunendations ard in rendering line supervision to smallgroups of subordinates parfonnirq repetitive clerical, typing ard stenographic duties. Errors can result in discredit to the department, monetary loss and in p?ricds or instarces of inadequate work by subordinates. ~. . CnARAmIsnc ExJrIEs: Supervise agroup of subordinates p+ormiq typing, stenag- raphic and clerical duties by assigning and checking work, disciplining staff, giving guidance on procedures and work methods. Evaluate and assess a variety of statements, applications arrl records for completeness, propriety ard conformance to established practice, making frequent applications of specific statutes, rules ard regulations, administrative orders and precedents; determine eligibility & make reconmtendations regardtig financial payment (I~ and other appropriate action: prodEe financial statements, cost break&wns ard reports of moderate complexity pertaining to the work unit; follow up and clarify.discrepancies in person a& by letter. Independently compse reports, statements and articles, in- cluding those for publication, usiq records and information held by own and other units. QUALIFICA'I!IONS: 1. Grade 10, preferably Grade 12 or an acceptable equivalent of experience and education. 2. AGut fau years' progressively respnsible experience in the clerical typing field or an equivalent combination of higher educational qualifications and pactical experience. -7- ! 3. Supervisory ability; proven ability to communicate clearly both orally and tn writing; tact; personal suitability. Most of the description above seems clearly applicable to Ms. Clarke's position, but there are two elements which were disputed or discounted by the employer, and there is a third on which little evidence was given. __ g.,: The first element relates to the supervisory function. The definition above begins by stating that "this class covers positions containing first-line supervisory duties....." And "Characteristic Duties" begins with these words: _08Suqer~vise a group of subordinates performing typing, stenographic and clerical duties by assigning and c,hecking.work,'disciplining staff, giving guidance on procedures and work methods." Neither quotation above specifies that the~supervisory c: element is an essential component of.the position, but both . quotations obviously have significance and cannot be ignored. The rather lengthy '#Job Audit" sets out in detail the duties normally carried out by the incumbent, step by step. It is silent as to any supervisory or instructional function, except for the penultimate sentence: "Act for Supervisor when Supervisor is away or out of the office." -8- MS. Sidney testified that. when she was away for nine weeks during the summer, the grievor had been acting supervisor from July 4 to August 20. Ms. Sidney also said, referring to adver'tisements for tenders: "I draft the ads and she types them --- except when I'm away." She also said: “MS. Clarke does not supervise any one." In cross-examination the grievor said she does not supervise any employee dn a regular or permanent basis. However, she is the senior clerk and in that capacity she had trained all the others in the office since,l975, including one in October, 1980, after her own position had been "down-graded." At the time of the grievance, the other clerks were Ms. Elizabeth Zamiara, also a Clerk Typist 3, and Ms.. Doris Slattery, a Clerk Typist 2. The griever normally accompanied Ms. Sidney to the afternoon openings of tenders (which must be carefully recorded) and when,they both were away performing that duty, Ms. Zamiara would be left in charge of the office. Exhibit 9 is the "Position Specification and Class Allocation Form" (approved in February, 1976) with a CT4 class- ification. Exhibit 7 is the corresponding form approved on September 2, 1980, with a CT3 classification. The earlier form includes in defining the "?urpoSe Cf -9, Position" the words "to train new typing and clerical staff....." No other reference to training or supervision appears in Exhibit 9. In Exhibit 7, the form approved in 1980, the. "Skills and Knowledge Required'* include "ability to supervise staff." Among the reasons given for the allocation the following sentence appears: "Due to the absence of the supervisor in excess of 30% of the time a good knowledge of the administrative procedures is required to handle.public enquiries and administrative process." Among the "Duties and Responsibilities" is the following: "Acts for the Supervisor as assigned by: performing the administrative ~~- duties of the Supervisor during absence for Tender Openings (twice daily), illness, meetings; etc:, with delegated signing authority for requisitions and invoices up to $1,000." It must be pointed out, however, that .Exhibit 7 relates to two incumbents, i.e. both Ms. Clarke and Ms. Zamiara. Thus, after almost five years as a CT4, the grievor found herself "down- graded" and placed on an equal footing as a CT3 with~an employee she had recently trained, a disappointing result from her point of view. The explanation appears to be that a drastic attenuation of the Tenders Office had occurred. According to an organization chart of July 30, 1976, Exhibit 10, it had a Supervisor of Yanagement rank, a Clerk General 5 as Assistant Supervisor, a CT4 - lo- Senior Tenders Clerk (Ms. Clarke) and two CT3 Tenders Clerks. After the re-organization of September, 1980, a leaner staff appears.in a new chart, Exhibit 8, with a Supervisor of the Tenders Office (Ms. Sidney) responsible directly to the "Manager. Sourcing Services,," no assistant, a CT3 Senior Tenders Clerk and a CT.2 Tenders Clerk. It is obvious from the charts that an effort had been made to prune the staff in the Tenders Office and other offices. The evidence.is that the only real change in the work of the Tenders Office had been the elimination of "Assets Disposal;- a responsibility transferred elsewhere. Miss Sidney said it meant only a "reduction in volume." The'second significant element in the CT4 Standard appears twice in the Standard. The second sentence in the class definition states : "They make decisions entailing the exercise of independent judgment based on a good knowledge of a number of specific statutes, regulations and administrative procedures....." And among "Characteristic Duties" it is said: "Evaluate and assess a variety of statements, applications and records for completeness, propriety and conformance to established practice, making frequent applications of specific statutes, rules and regulations, admin- istrative orders and precedents....."' - li- (.. i ‘. Ms. Sidney did not seem to question the need for inde- pendent judgment to be exercised (with a minimum of supervision) by the Senior Tenders Clerk, or the need to be familiar with practice~and procedures in the tenders process and particularly in advertising for tenders. However, Ms. Sidney said she did not know of "any requirement for knowledge of legislation." Further, she denied that the work involved evaluation ~of forms.submitted 1 with tenders. On this point the grievor did not testify. It is doubtful whether most incumbents of CT4 positions actually are familiar with the provisions of the statutes or regulations which directly or indirectly authorize the work they are doing. They are more likely to be familiar with the prevailing practices of the office in which they are empl.oyed, as taught by their super- visors. The evidence suggests that the grievor hassuch familiarity, which is a necessity. For example; her current Position Specifi- cation, Exhibit 7, provides that she must, among other things act as "Chairperson or recording secretary at Tender Openings: pro- viding guidance to Substitute Chairperson to ensure procedures are followed." And one of the reasons given in Exhibit 7 for the CT3 allocation (although it had not appeared in the 1976 form, Exhibit 9) is the following: "Initiative is required in resolving discrepancies in balancing the unit advertisement account and guiding the Substitute Chairperson at Tender Openings." It is interesting to note that the Standard for a Clerical - 12- Typist 3 also makes reference to knowledge of "acts and regulations." The definition of the class includes words in respect of which members of the public may entertain some scepticism: !&nployees at this level require an understanding of the intent and content of their duties ard have a goad wzrkirg knowledge of segments of acts, regulations, precedents and policies pertaining to their uork. They have occasional' written and verbal contracts with membzs of the public and other sections and branches in which they give and seek routine information. Ihey explain segments of acts and regulations at-d are responsible for maintaining co-operation' and good public relations. The third distinctive element in the CT4 standard relates to financial questions. Among "Characteristic Duties" an incumbent may be required to "determine,eligibility and make recommendations regarding financial payment and other appropriate action; produce financial statements, cost break-downs~ and reports of moderate complexity pertaining to the work unit; follow up and clarify discrepancies in person and by letter." On this point there was no testimony by the witnesses, KS. Clarke and Ms. Sidney. However, both of them signed' the Job Audit of June, 1981, Exhibit 6, which is a very detailed recital of the duties carried out by the grievor. That document contains no words resembling the words quoted in the preceeding paragraph above. Of course, the term "Characteristic Duties" does not - 13 - ( necessarily imply th,at all duties mentioned (such as the pro- duction of financial statements, etc.) are essential components of the class. At the hearing of this case there was some contention about the motivation or provocation for reclassifying the grievers position. MS. Sidney conceded there had been a complaint from an employee elsewhere who apparently did not enjoy a CT4 classification F^ but thought her job~similar to that held by Ms. Clarke. ..She agreed that ~the complaint had "triggered a change;" .She aLso said, however, that there had been a general review of positions in 1980 fdiiowing the re-organization in which the position of Assistant Supervisor was eliminated, and the junior position in the office (which had been ST31 became ST2. Thus the grievor's position was not the only one to be "down-graded." For,the grievor, Mr. Ryder argued that the original c classification was not clearly wrong and seemed-"generally con- sistent" with the CT4 standard. There should be compelling reasons, he said, for scrapping an allocation which had been in effect for several years, and the evidence did not disclose such reasons. No obvious mistake had been shown. The only change in duties was the loss of responsibility for Assets Disposal, but that was counterbalanced by an increase in supervisory respons- ibility, as when the grievor substituted for her supervisor during 5 2 - 14 - the latter's lengthy absence. Mr. Ryder suggested that a complaint by another employee was the real reason for the change. For the employer, Mr. Moses emphasized the re-organization of the, Tenders Office and other Ministry offices in 1980. It was not due to a complaint but to the need to recognize realities. Mr. Moses submitted that merely because an employee has the capacity to fill a higher position or to be an acting supervisor from.time to time does not constitute an element attaching to the requirements of a higher position. He said the Job Audit showed the present position to be inconsistent with the CT4 etandard, and referi-ed to the elements.discussed.earlier in this-decision. He stressed in particular that the griever normally has no.supervisory function and does not evaluate tenders,. Based on the standard, the Ministry had.concluded that the position did not match CT4 requir.ements. ,.. C~. In reply, Mr. Ryder said that t2e existence of two super- visors in a very small office from 1975 to 1980 demonstrated the importance of the work being done. He suggested that the very general language in both standards --- CT4 and CT3 --- was not really applicable to the peculiar responsibilities being carried by the grievor and her co-workers. tip to a point, this case bears a certain resemblance to those of Newdick & Jansen 516/80 and 517/80, in which two . .employees who had carried considerable responsibility and super- vised themselves for,some years were re-classified downward when a re-organization led to the appointment of a supervisor over their heads. At pages 4 and 5 Vice-Chairman Barton said: In dismiss~ the grievances we cannot help but say that we feel a considerable amount of sympathy for the grievers, being pioneers in the Section, being actively involved inits growth sod in thedirections that it tcok, and now finding themselves doingjobs which are somewhat different,from the jobs they did involving considerably less independence and freedom. If thenature of their job had not changed after theirreclassification in1980 we muld have had no difficulty in allowing the grievances. Fkwever, unfortunately for the grievors we can provide them with no remedy. Although there was in 1980 no substantial change of the work done by the grievor, she did.find herself in a smaller office under one supervisor rather than two; thus, she may be justified in considering herself a victim of "retrenchment" and 'Ye-organization." It seems clear that after 17 years of varied experience in the public service of Ontario and another juris- diction, including nine years in the Tenders Office,she has become highly qualified to carry out her present duties and is probably capable of carrying even greater responsibility. Opportunities for advancement in her present office are limited or non-existent, and no one need be suprised if she succeeds in winning promotion .i _ 16 _ i to another position elsewhere. We are satisfied that the responsibilities attached to the grievor's position as Senior Tenders Clerk are not insignificant. The need is obvious for scrupulous care in processing advertise- ments for tenders and the resulting bids. Nevertheless, the . . procedures followed are principally of a routine nature, having been devised in detail by management'and by the grievor herself,. (." ,. as appears from the Manual, Exhibit 12, and the group of work- _~ . sheets,Exhibit 11, prepared by the grievor. In short, procedures have been so systematically developed that theirapplication . requires.care and diligence rather than the exercise of initiative or difficult judgments. In summary', the duties,-responsibilities and.characteristics, of the position are distinguishable from those attached to a CT4 position. The evidence does not suggest that supervisory functions are normally or regularly vested in the Senior Tenders Clerk. While the position certainly demands that documents be processed in accordance with "established practice," it does not require that the incumbent make "frequent applications of specific statutes, rules and regulations, administrative orders and precedents" --- as called for by the CT4 Standard. Finally, evidence is lacking that there is any independent responsibility for financial st,ate- ments or decisions. On balance, we are not persuaded that the “‘. 8, . ,* - 17 - Ministry was wrong in finding that the griever's position matched the CT3 Standard rather than the CT4 Standard. Notwithstanding the view expressed above, we find there is another consideration which was not mentioned by either party at the hearing of Ms. Clarke's grievance. Thus we do not know whether it was taken into account in fixing the grievor's salary level after the reclassification of September 1, 1980. It has come to our attention that there is a passage,in the "Ontario Manual of Administration" which seems applicable to an employee like Ms. Clarke demoted because of the Ye-assessment". of her position.. It is in that part of the Manual headed "Poiicy" and "Pay Administration,", with a subheading "Upon demotion beyond employee's control." The figures at the foot of the pages to be quoted are,~"9-36-1;' and'"9-36-2" and both are dated "1 June 76." In effect the passage provides, in appropriate circumstances, for ~ what is- commonly known as 68red-circling." The relevant passage is as follows: Definition: "Demotion" A demotion: . Occurs when the incumbent of a classified,position is assigned to another position in a class with a lower maximum salary than the class of his former position. . Does not occur when the position vacated by the ..~.. . ~T_~. employee was occupied by him U'I an acrlng caPac:ty. i Causes of Downgrading Beyond Employee’s Control: Normal Salary Treatment: The assignment of an employee to a class with a lower maximum salary can be caused by: . A change in duties due to re-organization. . A change in duties due to a re-assignment of duties. . &a-assessment of a. position. . Abolition of a position and no suitable vacancy at the same level.. . Poor physical or mental health. Subject to special conditions as outlined in the following sections. an emnloyee who-is assigned to a classification with a lower saiar$ maximum than iis previous classifi- cation, is entitled to normal salary progresAon,to the’ maximum salary of his previous classification. This maximum salary: . Is that which is in effect at the time of the re- classification. . ‘. . Includes’ retroactive revisions effective prior to but announced subsequent~ to the re-classification. ” . Includes any revision of the maximum.salary of the I higher classification that takes effect,during the salary cycle in which the re-classification takes place. Retention of Salary Rate: Where reference is made to “retention of salary rate” under any of the headings in this Section, the rate will be the hourly, weekly or annual rate the employee was receiving prior to the re-classification. This rate will not be changed to an equivalent rate in another schedule where the schedules applicable to the classification involved are not the same. Changes due to Re-organization A civil servant is afforded salary protection as follows _ Re-assignment where.he is occupying a position: of Duties, or nil wherein duties are changed due to re-organization, Re-assessment ii) wherein duties are changed due to re-assignment of a Position: of duties; or iii) which is re-assessed with the result of re-classification to a class with a lower salary maximum than his previous classification: a) Such a civil servant: . Nil1 retain his existing rate of pay. . Will retain his existing anniversary date. -19 - . . . bl h . Shall continue to be entitled to salary progression based on merit, to’the maximum salary of the higher classification, including any revision of the maximum salary of the higher classification that takes effect during the salary cycle.in which the re-classification takes place. Will not be.eligible for further salary progression until such time as the maximum rate of the new classification exceeds his salary rate. May then proceed to the’new maximum rate effective the date of-the change to the salary range. (Ref. REGS. 29(l) and 29(4).) employee to uhom-either i) or ii) above applies: Is entitled to be ~appointed to the first vacant position, allocated to the same classification as his former position, which occurs in the same administrative unit, insti- tution or other work area in the ministry in which he was employed at the time of the change; and.- In such a-case uill: . Retain-his existing rate of pay. . Retain his existing anniversary date. ‘. . Be eligible for normal salary treatment following re-assignment. (Ref. REG. 29(2).) The provisions quoted above appear to have been utilized Article 5 of the applicable collective agreement, as follow: 5.3.1 'Wnere the duties of an employee are changed as a result of reorganization or reassignment of duties ard the position is reclassified to a class with a lower maximum salary, an emoloyee who occupies the position when the reclassification is made is en- titled to salary progression based on merit to the maximum salaq'of the higher classification includingany revision of the maximum salq of the higher cl&sification that takes effect during the sabry cycle in .k.hich the reclassification takes @lace. - 20 - 5.3.2. An employee to whcm the above section applies is entitled to be appointed to the first vacant position in his former class that occurs in the same admin- istrative district or unit, institution or other mrk area in the same ministryin which he was employed at the time the'reolassification:;was made. 5.4 Fiire a position is reassessed ard is reclassified to a class with a lower maximum salary,any employee who occupies the position at the time of the reclassification shall continue to be entitled to salary pmgression based on marit to the maximum salary of the higher classification, including any revision ofthemaximum salary of the higher classification that takes effect during thesalary cycle in Mich the~reclassification takes place. On examining the passages quoted abo.ve, the case of Ms. Clarke appears to be covered as follows: She was the incumbent of a position classified CT4 between 1975 land September 1, 1980, when she was assigned to another position, classified CT3, which had a lower maximum salary than the class of her former position. The demotion was caused _.- i' by Ye-assessment" of the position. As for "normal salary treatment" an employee so demoted would be entitled to "normal salary progression to the maximum salary" of the previous classification --- in this case the max- imum for a CT4 --- including retroactive revisions effective prior to but announced subsequent to September 1, 1980, and including any revision of the maximum salary of the higher classification - 21 - taking effect.during the salary cycle in which the re-classification was made. Further, if attention is given to the section described as "Changes due to Re-organization, Re-assignment of duties or Re-assessment of a Position," it will. be seen that the demoted employee is entitled to retainhis or her existing rate of pay and existing anniversary date; further, is. entitled to salary pro2 gressio? based on merit, to the maximum salary of the higher class- ification taking effect during the salary cycle ins which the re- classification takes place. Moreover, if the real or effective reason for,the demo-ticn was a change of duties due to's reorganization within the Pub.lic Tenders office of.the Ministry of Government Services or due to re-assignment of duties, then Ms. Clarke would be entitle~d to "the first vacant position, allocated~to the same classification c. as his ~(her) former position, which occurs in the same administra- tive unit . . . . . or other work area in the Ministry in which he (she) was employed at the time of the change . . . ..I( As already stated, we have not been informed whether the rules set out above were applied when fixing Ms. Clarke's ent itlement after September 1, 1980. If they were, we think no 1 - 22 - problem arises.. If not, the matter should be reviewed. The present opinion of this Board is that the grievor's salary ought to have been "red-circled," not only because of the principles recognized in the Manual of Administration .and the collective agreement but also because the evidence is that she had given satisfactory service as a CT4 for five years, and the demotion was through no fault of hers. The Board, however, takes note of certain provisions in .Article 5.1.1. and 5.1.2 of the collective agreement as follows: 5.1.1 An employee who~alleges that his position isTim- L properly classified may discuss his claim withhis imediate supervisory at any time; povided that such discus-. sions shall not be taken into account in the application of the time limits set out in Article 27, Grievance Procedure. An employee, however, shall have the right to file a grievance in accordaxe with thegrievance procedure, specifying in his grievance what classification hs claims. 5.1.2 Ln the case of any grievance filed under the above section, the authority of the Grievance Settlement BDard shall be limited to: (a) confirming that the griever is properly class- ified in an existing classification, or (b) finding that the griever would be properly classified in the job classification which he claimed in his grievance. f. What bearing, if any, the provisions just quoted should have on the opinions expressed herein is a matter on which the parties, after consideration, may wish to make representations to i i ,, ::. -. ,_ 5:. this Board, with due regard for the language in Section 18(2) of the Crown Employees Collective Bargaining Act. mentioned tliis case. "red-circl Since the question of "red-circling" has not been by the parties we think it proper to remain seized oft We are prepared to hear representations as to whether ing" was applicable and, i.f necessary, evidence as to what was actually done. A further hearing will be arranged at the request of either party, provided that the Registrar is notified not later than May ~15. If no request for a further hearing is received, this' decision is to be taken as denying the claim for re-classification of Ms. Clarke's position as Clerk Typist 4. Dated at Toronto this 7th day of April, 1982 JW k, / i.B. Jolliffe, Q.c. Vice Chaknan EBJ : jce R. Xussell Member ."!. Gibb Yember