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HomeMy WebLinkAbout1982-0434.Ohlgren.83-02-15ONTAR, CROWN EMPLOYEES GRIEVANCE SEiT-EMENT IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: Before: Far the Grievor: For the Employer: Hearing: OPSEU (A; R. Ohlgren) Grievor - and - The Crown in Right of Ontario (Ministry of Transportation and Communications) Employer J. W. Samuels Vice Chairman T. Traves Member P. H. Coupey Member L. Stevens Grievance Officer Ontario Public Service Employees Union T. W. Wheeler Head Classification and Pay Administration Ministry of Transportation and Communications January 31, 1983 The grievor works for the Ministry in Thunder Bay as an Equipment Control Clerk, and is classified as a Clerk 3, General. He has been doing this job since 1958, and appears to be contented in it. However, he grieves his classification, claiming that he should be properly classified as a Clerk 4, General. He asks this Board to reclassify him, and to award retroactive pay to the date of his grievance, which was June 18, 1982 (Exhibits 1 and 2, and representations by the Union at our hearing). The grievor works in District 19, one of the Ministry's 20 operating districts in the Province of Ontario. Each district deals with the road building and maintenance in its area. District 19 is broken down into 19 Patrol Yards and the grievoris at the main Patrol Yard. In the other 18 yards, equipment is kept basically for the immediate work at hand. In the,main Patrol- Yard, ally the rest of the equipment is kept, together with the equipment needed for the immediate work at hand out of that yard. In late 1979, the grievor listed all the equipment in District 19, and it is a sub- stantial inventory (Exhibit 71, which largely reflects the current situation as well. The main yard supplies the whole District, and it is the grievor who keeps track of the location of each piece of equipment. Under the supervision of the Equipment Supervisor, the grievor dispatches equipment and assigns equipment operators. From the evidence at our hearing, it appears that the griever's duties and responsibilities are set out very accurately in a Position Specification prepared on August 12, 1982 (Exhibit 5). This was done in consultation with the grievor and his immediate - 3 - supervisor, Mr. S. Best, and changes requested by the grievor were incorporated in the document. The grievor testified that the Position Specification accurately portrayed his work, but he has difficulty with the classification assigned to this work. The Purpose of his position is set out as: To dispatch equipment and assign Qualified Equipment Operators to appropriate equipment. To maintain continuous record of movement of all district equip- ment, maintaining inventory registers and visual boards. To perform a variety of clerical duties within the garage unit. His Duties and Responsibilities are set out under six main job functions as follows: 1. 40% . - Under the supervision of the Equipment Supervisor, dispatches equipment and.assigns equipment operators by performing. tasks such as: arranging for movement of equipment to and from repair garage by radio, telephone or personal contact, consulting with Equipment Supervisor for decision as.to need for a replacement vehicle. arranging for the movement of construction trailers upon instructions from Engineering Sections, recording all such moves as to location, trailer number, etc. preparing a list of available equipment for night radio operatorfrom information supplied by the Equipment Supervisor (Winter Season only). assigning duties to Float and Wrecker Operators for the pick-up or delivery of equipment or construction materials (upon instructions from Equipment Supervisor). assigning work to Equipment Operators to complete various work assignments as requested by District Personnel. Where more than‘2 or 3 hours are involved, obtains approval of Maintenance (Note: the evidence at our hearing made clear that this should read "Equipment") Supervisor, otherwise acts ondelegated authority. assigning work to Equipment Operators idle due to inclement weather or lack of work. Such work would be re-arrangement of equipment and housekeeping in District Yard and is assigned on own initiative. -4- 2. 25% 3. 10% ensures that Equipment Operators commence and finish work assignments on time. Questions operator as to reasons when delays occur and expedites these delays where possible. instructs equipment operators in correct completion of personal time sheets and other forms. arranges requests for accountable advance for Equip- ment Operators going on expenses, when requested. Under the supervision of the Equipment Supervisor, maintains records of equipment movement by performing tasks, such .as: - maintaining perpetual inventory of all District Equipment by recording all equipment by number, model, size, serial number, etc., and all new equipment received and equipment disposed of. preparing on request inventory listing of all equipment in the District for the District Engineer and Equipment Supervisor in Toronto. maintaining visual boards of all equipment by number. maintaining record of .a11 equipment in garage for repair or standby recording date in, location, shop or standby, date out and location, etc. maintaining key boards to store all duplicate keys for District equipment, Patrol Garages, Electrical Panels; etc. checking equipment at District Garage at the end of each pay period and removing completed equipment time sheets and cost reports, checking odometer readings and operating hours to ensure 'that correct reading has been entered on time sheet. Spot checking cost reports to ensure that lubrication.service has been carried out at required time. ensuring supply of equipment, cost reports and daily inspection books are placed in vehicles upon return to normal base. checking with Shop Foreman/woman daily as to the serviceability and state of repairs of equipment in garage. Prepares a variety of forms and checks time cards by performing tasks such as: - checking fime daily for garage staff, ensuring that each employee has signed in, recording names of those on vacation or sick leave. preparing (from information provided) a variety of equipment forms such as Equipment Movement Notification, Equipment Request, Equipment and Inspection Report, etc. typing routine letters, memoranda, notices for Bulletin Boards, etc. from draft copies prepared by the Equip- ment Supervisor. 4. 10% 5. 5% 6. Performs other duties such as: - 10% -5- preparing a history card for all new equipment, posting information such as year, make, model, serial number, etc. maintaining stationery supplies for District Garage use and ordering when necessary. preparing documents for garage staff such as Workmen's Compensation and Ontario Hospital Data Sheets, etc., forwarding completed documents to District Office. filing equipment cost sheets by vehicle number. filing garage work orders as received. Driving equipment operators to private repair shops to QiCkUQ or deliver M.T.C. equipment which has been repaired and/or communication equipment installed. Maintaining record of leased vehicles and supplying, units when received with documents, first aid kits, time sheets, and decals: arranging removal of same when units are returned. answering telephone and transferring calis to the staff concerned and taking messages when necessary. maintaining a record of all Regional equipment stored or in for repair at District Garage, recording infor- mation'as to equipment type, mileage, etc. advising Regional Personnel when requested. distributing Provincial License Plates, Permits and Insurance Cards to District Equipment where required. ~_ assisting Radio Operator in giving road information (Winter only). arranging for removal and installation of communication equipment for equipment. when required, transporting personnel from Head Office and other districts, to and from the airport and arranging for vehicles for their use while at District 19. on occasion, operating a CH-25 shortwave radio in order to assist survey crews in remote areas. With respect to initiative and the kinds of choices the grievor may make in the performance of his job, we were given 'V several illustrations: --he may be asked for "a pump", and upon his inquiry as to its use, he will choose the correct type of pump -6 - --he may be asked for a "roller", and upon his inquiry as to its use, he will choose the correct one --he may be asked for a truck to pull a piece of equip- ment, and will choose the correct truck for the job. In our view, in fact there is a very limited range of choice for the grievor. While there may not be established written guidelines concerning the selection of equipment, the very nature of the work to be done and the equipment on hand means that there is little significant choice to be made. The work to be done largely dictates the piece of equipment to be used. The grievor knows his equipment well and apparently has no difficulty in assigning the correct material. When oversize equipment will be moved on the highway, he knows he needs to get the appropriate permit under the Highway Traffic Act. Turning to the Class Standards, the General Clerical Series covers "position; where the purpose is' to perform clerical work entirely or in combination with incidental typing, Stenographic or machine operating duties" (from the Preamble.). The Class, Definition for the Clerk 3, General is as follows: Employees in positions allocated to this class, as "journey-man clerks", perform routine clerical work of some complexity according to established procedures requiring a background knowledge of specific regulations, statutes or local practices. Decision-making involves some judgment in the selection of alternatives within a comprehensive framework of guidelines. Initiative is in the form of following up errors or omissions and in making corrections as necessary. Doubtful matters not covered by precedent are referred to supervisors. Much of the '~ work is reviewed only periodically, principally for adherence to policy and procedures. - 7 - Typical tasks at this level include the preparation of factual reports, statements or memoranda requiring some judgment in the selection and presentation of data; assessment of the accuracy of statements or eligibility of applicants, investigating discrepancies and securing further proof or documentation as necessary; overseeing, as a GrOUQ Leader, the work of a small subordinate staff by explaining procedures, assigning and checking work. This is a terminal class for many positions involving the competent performance of routine.clerical work common to the office concerned. The Class Definition for the Clerk 4, General reads: Employees in positions allocated to this class perform a variety of responsible clerical tasks requiring a good background knowledge of specific regulations, statutes or local practices. Decision-making involves judgment in dealing with variations from established guidelines or standards. Normally, employees receive specific 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 specific regulations, statutes or administrative orders, resolving points not clearly c0vered by these instructions, usually by authorizing adjustments or recommending payment or acceptance; supervising a small group of mjourneyman clerks" or a larger group of clerical assistants by _ explaining procedures, assigning and checking work and maintaining discipline. In our view, the grievor is properly classified as a Clerk 3, General. .While his duties and responsibilities extend beyond purely clerical tasks to the dispatch of equipment, in substance he is performing a clerical job. Even in the dispatch of equipment, he is largely matching available material with requests from users and this process is clerical in nature. His clerical work is of "some" complexity. Hiss decision-making involves "some" judgment in the - 8 - selection. of alternatives. He does not have to do any of the sorts of tasks mentioned in the second paragraph of the Clerk 4, General. He works closely with Mr. Best, the Equipment Supervisor, and doubtful matters are always referred to Mr. Best. The grievor supervises no one. The gr~ievor's argument seems to be based on.three factors: --the value of the equipment in the District (mentioned in his grievance) --the fact that he'is paid less than a (also mentioned in his grievance) --the suggestion that the job would be it weren't for his large experience (argued at the hearing). garage attendant hard to do, if in the position But none of these factors is relevant to the determination of the correct classification. This Board does not decide whether or not a person is paid enough, or whether or not his experience is adequately compensated. Our function is confinedtodeciding whether or not an employee is properly classified within the standards established by the employer, and without regard to the pay scales attached to the various classifications.. 'The jurisprudence on this matter.is clear-- see, in particular, Brick, 564/80, at pages 48-50. In sum, the grievance is dismissed. - - 9 - Don& at London, Ontario, this 15th'day of February, 1983. 5: 2410 8: 1400 "I concur" T. Traves, Member "I concur" P.H. Coupey, !leniSer 1. 2. 3. 4. 5. 6. 7. I - 10 - LIST OF EXHIBITS Grievance Form Letter of January 10, 1983, concerning remedy Class Standard, Clerical series Position Specification, Equipment Control Clerk, December 23, 1971 3, August 23, 1982 Map of Ontario, showing MTC District 19 Inventory of equipment in District 19