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HomeMy WebLinkAbout1981-0643.Holwerda.82-06-28643/81 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between : Before: For the Grievor: For the Employer: Hearing: OPSEU (Amy Holwerda) -and: The Crown in Right of Ontario (Ministry of the Solicitor General) G. Brent - Vice Chairman E. J. Bounsall - Member W. E. Evans - Member E. Shilton Lennon, Counsel Golden, Levinson R. 9. Itenson Staff Relations Officer Civil Service Commission Xarch 17, 1982 Griever Employer 1 DECISION The matter in dispute concerns the classification of Ms. 43~ Holwerda, who currently holds the position of Office Services Superti’sor in Administrative Services in the Financial Services Branch of the Ministry of The Solicitor General. She has been in the posi cion since 1976 and at the time of the grievance was classified as a Clerk 4, General. The grievance has had a somewhat unusual history, which should be recorded in order to clarify our jurisdiction in the msttter. The grievance was filed on September 4, 1981, claiming reclassification to Clerk 5, General as the appropriate relief. The griever received the following reply (Ex. l), dated November 3, 1981: Re : Classification Grievance Dear Iys. Holwerda, This memorandum is in response to your classification grievance about which we held a second stage meeting on October 21, 1981. As a result of the findings of an on-going classification review, and my investigation of your grievance, as the Deputy Minister’s designee, your ’ position has been reclassified at the level of CX- 11 in the Clerical Services Group of the Clerical Services Module within the ~Managenk?ot Compensation Plan, retroactive to May 1, 1981,. There fore, while I found merit in your grievance that your positlon is improperly classified as a Clerk 4, General, my findings are that Clerk 5, General as claimed in your settlewnt would also be an inappropriate classification. Yours sincerely, (si gned) C. Truman (Xs) A./Senior Classification Officer At the commencement of the hearing, the question of the griever’s j : . status as a member of the bargaining unit “as raised, and the parties discussed the issue among themselves. The Board was then infor!rzed that the parties were agreed that the griever’s exclusion from the bargaining unit “as an error, and that she “as, and still is, properly considered to be a member of the barsining unit. The parties agreed that the CH- I1 classification was and is an improper one for the griever, and that the Only question before this Board is whether ‘;be griever is properly classified as a Clerk 4, General. The parties also agreed that the griever’s duties have not changed since May, 1981 when there “as a general classification review. The griever’s latest position specification (Ex. 6) is effective May 1, 1980. The form shows that’there is one incumbent for the job and that the job involves directly supervising six posi ti ens and seven incumbents. Tbe evidence before usindicated that the griever no” di ret tly supervises eight incumbents in six positions and indirectly supervises two incumbents in one position (Ex. 4). The specification lists the following under the headings X’urpose of Position”, “Sumue ry of Duties and Responsibilities” and ‘SkiJls and Knowledg Required to Perform the Work”: PURPOSE OF POSITION To supervise and co-ordinate the provision office services and to provide other administra services to a portion of the Ministry.. of ti ve SUMMARY OF DUTIES AND RESPONSIBILITIES 1. Supervises and co-ordinates the provision of office services to a portion of the Xinistry by: - receiving all typing, setting priorities on basis of knowledge of deadlines or by consulting concerned s.ta ff, assigning special projects, etc.; 60X - ensuring the smooth flu” of work, including assigning and checking work, explai ni ng .3 . assignments, etc.; ; co-ordinating and arranging clerical, typing and receptionist services for specific areas of the Ministry, e.g. Financial Services Branch, Minister’s Office, Transport Branch, Purchasing Section, etc.; - providing relief or other coverage in areas of stockroomfmaill~ssenger and file room, as necessary; - overseeing the use and maintenance of Branch vehicle; e.g. moni tori ng whereabouts, ensuring the arrangement of regular servicing, investigating apparent misuse, etc.; - co-ordinating non-routine requests for messenger services and arranang coverage for mail as necessary; - discussing procedural problems with subordi “a te s and supervi sor , and recommending changes; - training and supervising summer students including recomrrending rehire, dismissal, etc.; - supervising staff including discussing problems such as attendance, etc., referring more serious problems to supervisor with recommendations. 2. Provides a variety of administrative services by: - controlling petty cash disbursements, maintaining adequate funds and records of Sam, ensuring disbursements are charged to appropriate Branches, balancing ledger, etc.; 35% - resolving matters related to buildings security and maintenance complaints re lights, heating, air conditioning, telephones, washrooms, etc., contacting maintenance staff, security services supervisors, Be 11 Te le phone, etc., to request servicing and assistance; - arranging for telephone installations, removals, re loca ti ons , etc.; making recommendations re location, type of phone, etc., to Managers; liasing with Governrm?nt Services and Bell Telephone to explain requirements, etc. - assuming responsibility for telephone di ret tory for the LNinistry; corresponding with Ministry officials re deletions, additions, changes, etc.; coding type requirements for printing; meeting ~deadlines; ordering and arranging delivery; - making arrangements for workshops and training courses approved by supervisor; . . 4 ;- . e.g. St. John’s Ambulance, telephone training, etc.; - authorizing taxi chits or subway tokens for courier semi ce and staff; approving invoices for payment; - providing general assistance to Ministry officials re administrative services, e.g. arranging for newspaper delivery, etc.; - maintaining awareness of new systems and equipment, e.g. word processing equipment, etc.; attending demonstrations; - recommending policy or procedural changes to supervisor; implementing approved changes; participating in staff meetings, providing opinions; - resolving problems, e.g. emergency deliveries or projects for Minister, Deputy Minister, etc.; establishing priori ties, etc.; - assisting Manager with special projects budget, etc.; - completing attendance records for the Administrative’ Services Section and submitting them to Personnel Services Branch as required; - maintaining Ministry control for issue of air travel cards; obtaining and/or cancelling cards as necessary, conflrudng status periodically with Program Managers. 3. Performs related duties, as assigned. 5% SKILLS AND KNOWLEDGE REQUIRED TO PERFORM THE WORK Several years progressively responsible office experience. The ability to understand the objectives of the work unit and to develop practices and procedures to expedite them. Initiative and good judgerent; good communication skills. Supervisory ability. On the same document the following reasons are given for having classified the position as Clerk 4, General: Primary responsibility is for supervision of staff engaged in office services try explaining procedures, assigning and checking work and maintaining discipline. Performs responsible clerical tasks requi ring a good background knowledge of local practices, e.g. petty cash disbursements and records, buildings security and maintenance problems, telephone lines and general administrative services for Xinistry : officials. 1”c”mbe”t is responsible for exercising judgexent in dealing with variations from established guidelines or standards, e.g. emergency deliveries Or special projects or requests for the Minister, De WY, etc., and recommending changes in policies and procedures to supervisor. The griever’s position was classified according to the ClSSS standard for the Clerical, VPi*& Stenographic, and Secretarial Class Series (Ex. 2). the appropriate part of the preamble for the series and the portions applicable to both the Clerk 4, General and Clerk 5, General are reproduced below: KINDS OF WORK COVERED: These five series cover all office positions and office supe rvi sory posi ti ons that are not covered by a specialized clerical, technical, equipment operating, or professional class series. GENERAL CLERICAL SERIES - 7 CLASSES: This series covers positions where the purpose is to perform clerical work entirely or in combination with incidental typing, stenographic or machine operating duties. Where exclusion of the latter would ‘significantly change the character of a position, or where they occupy a large portion of the working time, the position should be assigned to one of the specialized classes, e.g. Cle ri ca 1 Typist. POSI tions for which specialized clerical series exist, e.g. Clerk, &il and &ssenger, Clerk, Filing, etc. should not be assigned to this series. Group leader re sponsi bi li ty no~rmally begins at the third level, while. the fourth and a hove usually cover positions involving line supervision; however, non-supervisory positions can also be included. CLERK 4, GENERAL CLASS DEFINITION: Employees in positions allocated to this class perform a variety of responsible clerical tasks requiring a good background knowledF of speci fit regulations, statutes or local practices. Decision-making involves judgment in dealing with variations from established guidelines .-or 6 ;- standards. Normally, employees receive speci fit instructions only on unusual or special problems as the work is performed under conditions that permit little opportunity for direct supervision by others. Matters involving decisions that depart radically from established practices are referred to supervisors. Tasks typical of this level include the evaluation or assessment of a variety of statements, applications, records or similar material to check for conformity with speci fit regulations, statutes or administrative orders, resolving points not clearly covered by these instructions, usually by authorizing adjustments or recomraending payment or acceptance; supervising a small group of “journeyman clerks” or a larger group of clerical assistants by explaining procedures, assigning and checking work and maintaining discipline. QUALIFICATIONS: 1. Grade 12 education or an equivalent combination of education, training and experience . 2. About four years of progressively responsible clerical experience or an equivalent c ombi “a ti on of experience and higher educational qualifications. 3. Ability to communicate clearly both orally and i n wri ti ng; ability to instruct and supervise the work of subordinates. Revised, December, 1963 CLERK 5, GENERAL CLASS DEFINITION: Employees in positions allo,cated to this’ class perform responsible clerical work requiring de tailed knowledge of a body of regulations, statutes or local practices, together with a thorough understanding of the objectives of the work unit. Decision-making involves judgment in the interpretation and application of policy or administrative directives to problems where the i *tent of existing instructions is obscure in speci flc cases. This frequently necessitates modifying work processes or the development of new methods. Although the work is carried out with a large degree of independence, it is reviewed for consi s,tency of decision-mking. Difficult technical questions, or those involving policy determination are referred to supervisors. ._ 7 :* Tasks typical of this level include responsibility for a significant non-supervisory, clerical, or clerical accounting function in~volving the interpretation, explanation and application of a phase of departmental legislation or regulations and requiring the ability to make acceptable recommendations or provide functional advice; supervising a group ‘of “‘journeymen clerks” performing clerical duties of varying complexity or a smaller group engaged in more specialized work by planning, assigning and reviewing work, deciding priori ties, maintaining production levels and carrying responsibility for the total performance of the unit. QUALIFICATIONS: 1. Grade 12 education, or an equivalent combination of education, training and experience; preferably completion of additional training such =S related correspondence and. uni ve r si ty extension courses; thorough knowledge of office practices and procedures. 2. About six years progressively responsible clerical experience or an equivalent c ombi na ti on of experience and higher education. 3. Abi li ty to evaluate the effectiveness of clerical~ procedures and staff performance; ability to supervise the work of other employees; ability to interpret regulations and instructions into procedures and practice; ability to prepare effective correspondence, instructions and reports. Revised, December, 1963 The griever also testified concerning her job and compared the job with the proposed job specification which had been prepared for the proposed 0X-11 reclassification (Ex. 7). While this latter document must be considered to be inaccurate by the agreelilent of the parties, it can be examined, not as an agreed upon job specification, but rather to de te rmi ne the extent~to which it does reflect the duties performed by someone in the position before us. One of the problems with the document, though, is that it is structured to emphasize the sort of aspects which would justify an exclusion from the bargaining unit, ‘3”d 8 :- 1 the parties are agreed that the griever’s position is not one iJhich should be excluded from the bargaining unit. The griever testified that the summary of duties and responsibilities in the May, 1980 job specification (Ex. 6) is accurate, and to@ ther with the “Statement of Major Responsibilities” in the posi ti on description (Ex: 7) does represent the duties and responsi bi li ties of the position. The griever also agreed with other aspects of the C?s11 position description, in particular the description of the knowled@ required, contacts, and, with some explanation and/or reservation the judgement and accountability descriptions. The classi’fication system was explored in the testimony of His. Carolyn Truman, ,wbo has been a Classification Officer since 1979. III summry, the position was classified by finding a general fit in the description of the ‘General Clerical Series” in the preamble of the class standard (Ex. ‘2). Then the evaluation would begin by going to the first level within the series and comparing the job to the standard therein. This would proceed until a fit was found at a particular level, then the job would be evaluated against ,the standard of the next higher level to determine ‘where the fit was stronger., In the case of this job, Ms. Truman concluded that the strongest fit was with the Clerk 4, General standard. MS. Truman was the author of the letter (Ex. 1) reproduced at the beginning of the.decision. She testified that she was mistaken about the quality of the supervisory functions perforwd by the griever and, 0” the basis of this misunderstanding, had’an exclusion questionnaire prepared. She said that she is now aware that the quality of the supervisory aspects of the flievor’s job is not such that it would quali fy for an exclusion from the bareining unit. She said t!lat her 9 : . - re fe re nce to the Clerk 4, General classification being inaccurate was based on the assumption that the position qualified for an exclusion from the bargaining unit. She said that she considered that the griever’s position was one which requi%ed the performsnce of a variety of responsible clerical tasks, such as petty cash, airline credit card, and messenger responsibli ties which required a good knowledge of “local practices”. She said that, while the griever probably possesses a “de tai led knowledge of . . . local practices, together with a thoroough understanding of the objectives of the work unit”, it is not the sort of knowledge which is required to perform the job. She also said that she considered the sort of decision making which was required in the job was closer to that described in the Clerk 4 standard, in that it involved the setting of priorities and making decisions recognizing the priorities and the hierarchical structure of the Ministry. She said that all “radical departures from established practices” are referred to supervision, and that the position did not require the interpretation of ‘a bscure ” instructions or procedures. She said that, in the second paragraph of the standards for both the Clerks 4 and 5 (i.e., ‘Tasks typical.. . “), the first portion of the description does not apply to the position. She said that-the sort of sup+ rvi si on required by the job was closer to that described in the Clerk 4 standard, at least in that the description of the people supervised was more appropriate. The thrust of Ms. Truman’s eti,dence ws s that the decision come rni ng the classification of the position was based on the second branch of the ‘Tasks typical” paragraph as well as the fit with first . . 10 ;- a paragraph of the standard. It was, and is, her view that, all things considered, the best fit was with the Clerk 4, General description. In order to protided the relief requested, the Board must first be convinced that the position was misclassified. In making this decision it must be kept in mind that the method in which the griever performs her job is not an issue before us. Indeed, by all accounts the griever . appears to be an extremely able and competent person whose enterprise and initiative undoubtedly makes her a valuable member of the branch, so there would probably be neither contest nor problem if we were asked to evaluate her performance. All the evidence placed before us would seem ‘to indicate that, although there may be some merit to the position that the position’s super-d sory tasks fall sormzwhere between the Clerk 4 and 5 General standards, the thrust of,the first paragraph of the Clerk 4, General standard is more appropriate to the position’s functions than is that of the Clerk 5, General. There is no dispute about the required duties and responsibilities of the position, and the only evidence heard about the appropriate xay to classify the position according to the standards was given by Ms. Truman. Although she was examined and cross-examined at length, tis. Truman was unshaken in her conviction as to the appropriate way to evaluate the position according to the ChSS standards. Her assessment of the position and her evidence concerning the application of the standards was reasonable and convincing. Given all of the evidence before us, it’ must be concluded that there is nothing to show that the position has been improperly classified according to the applicable standards. Accordingly, it is our conclusion that the grievance must be denied and that the griever’s posi ti on i s properly classi fled as a Clerk 4, General. !+z wish to : repeat that the Board understands the parties have agreed that the position is one which is properly included in the bargaining unit. DATED AT LONDON, ONTARIO THIS 28th DAY OF JUXZ, 1982. Gail Brent, Vice-Chairman "I concur" W. J. Evans, Member "I dissent" (dissent to follow) E. .I. Bounsall, Member