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HomeMy WebLinkAbout1983-0367.Boire.84-02-02-- 367/83 / 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: Hearings: OPSEU (Claudette Boire) Grievor - and - The Crown in Right of Ontario (Ministry of Labour) Employer R. L. Verity, Q.C. Vice Chairman E. McVey Member H. Roberts Member S. Laycock Grievance Officer Ontario Public Service Employees Union M. Milich Staff Relations Officer Staff Relations Division Civil Service Commission September 21, 1983 November 25, 1983 c -I In a Grievance dated February 14, 1983, the C laudette Boire, alleges that she is improperly class a Clerk 2 Genera'l. She seeks reclassification to the level of Clerk 3 General. The Gr ievor commenced work with the Ontario - 2 - DEC I S ION Grievor, ified as higher Governmen t on November 26, 1979 with the Ministr-y of Revenue. On March 2, 1981, she began work with the Ministry of Labour in the position of Clerical Typist. Subsequently on September 1, 1981, she was reclassified as a Clerk 2 General. Essentially, she performs the job of a Receptionist with the Sudbury office of the Minist ry of Labour. The relevant Position Specification and Class Allocati on Form (Exhibit 6 - 1981) indicates that 85% of her job encompasses receptionist responsibilities; 10% of the job relates to typing and clerical.services; and a further 5% in the performance of "other duties". In September of 1981, the Grievor was reclassified to her present classification of Clerk 2 General. The Parties agree that there is a separate receptionist classification; however,the Grievor was allocated to the Clerk 2 General classification primarily as a result of the similarity of a job in Hamilton, Ontario. There is no doubt that the Grievor's present responsibilities are atypical of the classification. - 3 - *’ >. . . At the first hearing date, the Ministry agreed that the Grievor was improperly classified as a Clerk 2 General and would have been more properly classified as Receptionist. offi, Heal and At the present time, the Grievor works for the Sudbury ce of the Ministry for five separate branches; namely,Construction th and Safety; Industrial Health and Safety; Occupational Health Safety; Human Rights; and Employment Standards. In essence, the Un Grievor was subjected to add justified the higher classif on alleges that in March, tional responsibilities wh cation. At that time, fel 982, the ch in turn ow employee ' Diane Gautier was transferred from the Employment Standards Branch to the Human Rights Branch of the Ministry. Mrs. Gautier's position has not been filled in the interim. The Grievor testified that in March, 1982, she assumed duties in the Construction Health and Safety Branch for the first time. The Union alleged~that the core functions of the Grievor's present job responsi bilities placed her squarely within the higher classification when measured against the Class Standards. The Ministry contended that the Grievor's responsibilities coul higher classification. The relevant Class Standar "CLERK 2, GENERAL CLASS DEFINITION: d not justify the ds appear as follows: Employees in positions allocated to this class normally perform a number of clerical tasks of limited complexity according to established procedures, where the prime - 4 - .<; ., responsibility is for accuracy and an acceptable rate of production. Decision-making consists of deter- mining whether material confor% to specific, set-out procedures or standards and requires little background knowledge of regulations or statutes. Employees may initiate standardized letters involving little original composition such as form letters, acknowledgments, reminders, etc. They may also assist with the training of junior staff. Assignments of unusual difficulty are preceded by detailed instructions or are carried out under close supervision. The work is reviewed for adherence'to procedure and acceptable standards of accuracy and volume. DUALIFICATIONS: 1. Grade 10 education, preferably Grade 12; working knowledge of arithmetic; correct punctuation; spelling and grammatical usage; some knowledge of common office practices. 2. At least two years satisfactory experience as a Clerk 1, General, or an equivalent combination of experience and education. 3. Ability to follow specific clerical instructions; ability and willingness to perform clerical work of limited complexity at acceptable standards of speed and accuracy." (Exhibit 4) "CLERK 3, GENERAL CLASS DEFINITION: Employees in positions allocated to this class, as 'journeyman 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. 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 - 5 - of applicants, investigating discrepancies and securing further proof or documentation as necessary; overseeing, as a Group 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. QUALIFICATIONS: 1. Grade 12 or an equivalent combination of education, training and experience. 2. About three years satisfactory clerical experience. 3. Ability to understand and explain clerical procedures and requirements; ability to organize and complete work assignments within prescribed time limits; ability to maintain good working relationships with other employees and the public served." (Exhibit 5) No useful purpose could be served by a repetition of the able arguments presented. Having regard to the evidence, the arguments presented and the arbitral precedents cited, we are unable to agree that the Grievor would be more appropriately classified in the higher class- ification. In the instant Grievance, it would appear that we are being asked to determine which of two somewhat inappropriate classifications is the mqre appropriate. However, the Board adopts the rationale of Vice-Chairman Gorsky in OPSEU (J. L. Charbonneau and I.A. Skomorowski) and the Ministry of the Environment, 435/80 at pages 1 and 2: "Article 5.1.1. of the collective agreement, which provides: 'An employee who alleges that his position is. improperly classified may discuss his claim - 6 - with his immediate supervisor at any time, provided that such discussions 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 accordance with the grievance procedure, specifying in his grievance what classifi- cation he claims,' limits the employee's rights, when objecting to the classification procedure, to challenging his assignment to a particular position and he cannot challenge the system by which the classification of positions was established, nor the classifications created under the system, If the grievance is allowed the jurisdiction of the Board is limited by art. 5.1.2, to: '...(a) conforming that the grievor is properly classified in an existing classi- fication, or (b) finding that the grievor would be properly classified in the job classification which he claimed in his grievance.' That is, the jurisdiction of the Board is restricted to a finding that the class to which the grievor has been allocated is the one he fitsinto (confirming~the employer's decision) or finding that the grievor's assessment of the class, which he should be in, is correct. The jurisdiction is declaratory only. and such declaration does not extend to a findinq that neither declaration encompassed in art. 5.1.2. is appropriate, on the evidence adduced. In such a case there is no authority to make a declaration as to the correct classification to which the qrievor should have been assiqned."(Our emphasis) On the evidence presented, it is clear that the duties performed by the Grievor fall primarily within the responsibilities of a Receptionist. The evidence confirms that the Grievor does spend approximately 75% to 80% of her time in the performance of receptionist functions. In that capacity she receives approximately 250,telephone calls daily, welcomes visitors to the Sudbury office, and;in most instances redirects inquiries to the appropriate branch office. On the evidence, we find that the information the Gri evor relays can best be characterized as routine in nature. In addi tion, she devotes approximately 10% of her time to the - 7 - performance of clerical tasks. Her clerical responsibilities are of limited complexity as is contemplated by the Clerk 2, General classification. We cannot find that any of the Grievor's present responsibilities are such as woul degree of judgement contemplated Clerk 3, General. d require the exercise of the by the higher classification of It is always difficult for the Grievor to succeed in a classification grievance, where the Grievor's job could be more appropriately classified in a separate class series. For the above reasons, this Grievance is dismissed. DATED at Brantford, Ontario, this 2nd day of February, A.D., 1984. R. L. Verity, D.C. -- Vice-Chairman "I dissent" (see attached) t. McVey -- Member H. Roberts -- Member GRIEVANCE SETTLEMENT BOARD File Numbeh: 367183 BUIRE DiAAQnt 06 ELMER MCVEY I do not agaee with .thQ Vice-Chaihman’A awahd in thin matte&. Mhb Ctaudett*Q 80ihQ - GhiQvQd on FQbhuahy 1 4, 1 983’ - ~QQuQAZ- ing a change in cLaAAi6dcafion 6hom C.t?e&k Senehat ‘m .to - Ceehk GQflQhae -111. On LhQ ,$acQ 06 the caAQ i.t would appQah that XhQ phQAQnt claAAi,$Lcat.ion 06 XhQ ghievoh .iA nox Xhe phopeh claAAi,(icaLtion, and while impnopehey_c~abAidied, .the he’puebt 6oh an upghading 6hom Ceehk GenQhae 1 I .t4 Ceehk GenehuL ‘J’J I. ib noi the phopeh CtaAAidiCa.tion eitheh. - It in impOh~aflt to AQQ the di66ehQMcQ-in Xhe .two job6 Ctehk GQnQhd ii Exhibit 4 &a66 de&Lnition: --pehdohm a numbeh 06 ‘c.t.Qhicat XaAkA 06 Limitted COmptQXity accohding 20 QbtabLiAhed phOCQduhQ6 WhehQ ihe phimQ hQAponAiAit.ity iA 60h aCiuhaCy and an aCCQp-t- abee hate 06 phoduction. CeQhk GenehUt m Exhibit 5 &aAA ded&nition: --pehdohm hOUfiflQ c-tehicat wohk 06 AomQ comp[QXi~y accohding fo Qbtafi.tiahQd phOCQduhQ6 hQquih- ing a backghound knowLedge 06 bpQci6ic hQgutafiOnA, b,ta,ttu,tQA Oh -tOCaL phaCfiCQb. 12 in obvious 20 mQ Xhit .Zhe ghieuoh phopehey bQ.tongA in fhe CeQhk GQnQhae I II. in th.iA inA,taflCe - Ceehk GQnQhat fl ExhibiX 4 DQCibiOn Making: COnbiA.tb 06 detehmining whQtheh matQh.ia~~con~ohmA 20 specidic AQf auf phocQduheA oh bXandahd6 land hequ.ihQA .i?.i&t.tQ backghound kvlowt.edgQ 06 hQgulatiOflA Oh A,tta.tu.tQA . AA WQti!, emptoyQQ.6 may i~i.ttiaX~ Atandahdized tQttQhA .iflvOtving .ti.txte OhigiMUe compobition Auch UA 6Ohm .tQt%ehb, acknowledgmentb, hQmindQhA, etc. CLQhk Genehal 111 ExhibiX 5 DQciAiOn Making: invoi?.weA Aome judgement in ZhQ AQtQC~iOn 06 aLtehnativeb w.Lthin a comp&QhQnAive 6hamQwohk 06 guide- LiMeb. Ini.tiative. i6 in the 6ohm 06 do&Towing up QhhohA ‘~- Oh OmmibAionA and in making COhhQCtiOnA a6 nQcQAAaJLy. Mha Boihc’6 dutiQA 6aU~w.ithin .the Cdehk GQnQhUt 111 claAAi,(i- caLion in Lhin inn~ance a4 WQtt. - 2 - Ctehk Gene/~& fl ExhibiX 4 Anbignmenth 06 ununuaL d.id@uLty Uhe pheceeded by de- iailed .ittlthUCtiOfld and .ahe cahhied ou.t undeh clone nupeh- UibiOn. The wohk ib heuiewed 6011 adhehence ito phoceduhe and acc.ep&Pbbee h.tandahdd a 6 accutracy and volume. .- C4?ehk Genehit 111 E x hi&it:_ 5 Uoub.t6uZ ma.t.teti not couehed by phecedenx ahe hedehhed x0 6UpehVihOhh. Much 06 the wohk ii6 heu’iewed. o&y pe%iodicai?~y, phinCip&ty 6oh adherence to poeicy and phoceduheb; Again M&h. Boihe’d duitien phopehly place heh .in Xhe CLetrk GefiehaL 111 - c.tas6i6.ica,tion. Typicat? Tan k6 1X appeah6 thai .the tank6 ou.t.tined in Exhibit 6 adequaXe& he- @ecXed Xhe d&ties when fdhn. Boihe began wohk LPI Xhe h&iA~hq 06 Labouh Ub clehical 2ypih.t 2, bu.t heh du.tieh and hed- pon6ibitiXieA cha%ed sub6tantiaiYy even a6ieh being hecLashed .to Ctehk Genehue 11 OM SepXembeh 24, 1981. - Cteik Genehat 111 --phepahation 06 da’c.tuaL hepoh.th, dXa.tementb Oh memohanda, he- quihing 6ome judgemen in Xhe nei?ec;tion 06 da.ta assessmeits 06 the UCCuhUCy 0 6 62atemenfb etc. 1.t io again obvious dhom Mhb. BOihe'b evidence .tha-t heh du-tieo ' pttopetlty place he& -in the CLehk Genenae 111 ctansi6ication. - ltiappeans .tha2 Viane Gauthiefi moved 6hom Employmen SXandahdd to Human Rights in Zhe middle 06 1982 and UJUb r10.t hepLaced. Heh d&ties .then became pUh.t 06 MU. Eoitre'6 du-ties. Then Jane BheLt le6.t Oh wa6 hecLanbidied, not hepLaced, and heh du.ties became pUh.t 06 Mhn. Boihe’A du-ties. These .two occuhhence6 cheafed a vacuum amd fhe du.t.ies Wehe as6umed by Mh6. Boihe, and accepted by heh AupehVibOhb- unftie a ghievance WUh phocebAed - and a numbeh 06 Xhe d&tie6 wehe taken away dhom heh. Mh6. Boihe han pehdohmed houXtine c.tehicaL wohk 06 bOme compLexi<y accohding Xo entablinhed phoeeduhe6 hequihing a backghound knowledge 06 bpeCi&ic hegulationb, h.k.ttihtiCh Oh LocaL phac.ticeh. Mhb. Boih& decinion making involved ndme judgemeni in .the belecXion 06 al,tehnaLiveb wi-thin a comphehensive 6hamewohk 06 guideLinen. (Le.1 Mhb Boihe XebXi6ied that da2y, beiween the houhs 06 8:OO and 8:30 am each mohning, duhing Lunch houhn and when no -in- Ape&oh6 wehe in the InduhXhiaL HeaUh and Sa,(eiy Bhanch, and- the COnA.thuCtiOn Heae.th and SaieXy Bhanch oddices nhe Zakeb ale 06 Xhe injuhy and 6a.%a&ty hepoh.tA. Heh he&ponnibiLiiy - 3 - i6 20 obtain dhom the caeeehh Xhe necebhahy indohmation by abking queb.tionb 20 ob.tain .the dac.tts. Then e duLieh heQuihe both independent judgemenf and discheXion in detehmining wha.t in+ohmation ib heQu.ihed 60 Xha.t the phOpeh bhanch wile be abee 20 cahhy 0u.t the investigation heQuihed. Mh6. Boihe a&o wohk6 6oh Xhe Human RiqhX6 Bhanch accepXing a Lahae vahiexu OX ca.tY.b and Xi.& in comnlainZ herJOhtA. nickina ou.tUXhe impoitant poinzts using key wohdb and pasbing ih’em on - 20 fhe maflageh Oh o66iceh in Xhe Bhanch. ‘hih.6. Boihe alho wohk6 6oh Xhe Emptoymenf SXandahdh Bhanch t (a wehy bu6y bhanch) answehing inquihien concehning legihla- tion fbozh phone and walk-in inquihied]. She phoo6headh and COhheCti te.t.tehs don- bignatuhe6 by 066icehh. The wohk LA noX heviewed. AU the wohk she pehdohmb i6 in Xhe Clehk Genehat 17 1 cladb A.tandahd, which hequiheb “initiative in the dohm 06 doetowing up ehhOh6 Oh omibnion6,and in making cohhections Ub necedbahy. She a&o .tesLidied that nhe hegutahty signed acknow.tedgement 1eLtehb 6oh -the EmpLoymen Sfandahdh 966iceh. In heview - The C.tehk Genehal ii i6 a’6impee phoduc%ion ohiented job. LiX.t.te, 3 any, judgement ib heQuihed becaube 06 bimifed compLex.ity -” pehbohm a ntimbeh 06 ctehicae task6 06 Limited compLexitq aciohding to established whoceduhed”- undeh cLose bUtZehVibiOn - Exhibit 4. ’ - rho ~:Y~~he (i0~MP.hU.t m”noh6ohmA houX.ine clehical. - The CLehk Geneha.! m”peh6ohmA ho&tine ctehicaL wohk 06 dome compeexityaccohding to ebtabeinhed pho- linq to estabeinhed phO- ceduhes ” - hequihing a backghound knowledge 06 bpeci&ic dqe od bpeci6ic heguLations etc. “Much 06 the ruohk i6 heviewed oney pehiodicaLLy etc. ” hihb . Boihe WUb doing aLt 06 .these du.tieh heQuihed 06 heh a6 a U.ehk GenehaL ii, buX should have been hecJ?a66i&ied UA Ctehk Genehal 111. Thehedohe it i6 my opinion that Xhe grievance bhould succeed, a;d thax M/m Boihe be heceanni6ied 20 CLehk Genehal 171 eddecttive Febhuahy 74, ,19b3. EM/ bm opeiu 343