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HomeMy WebLinkAbout1983-0387.Keown.84-04-26Between: OPSEU (Louise Keown) IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Grievor - and - The Crown in Right of Ontario (Ministry of Natural Resources) Employer Before: R. L. Verity, Q.C. Vice Chairman M. Perrin Member W. A. Lobraico Member For the Grievor: N. A. Luczay Grievance Officer Ontario Public Service Employees Union For the Employer: N. Robinson Staff Relations Officer Civil Service Commission Hearings: .September 14, 1983 November 18, 1983 - 2 - DECISION Mrs. Louise Keown alleges that she is improperly classified as Clerk 3 General and by way of remedy seeks reclassification to the higher level of Clerk 4 General. The main thrust of the Union's presentation was that the Grievor's,job responsibilities when measured against the relevant Class Standards justified the higher the Union argued that the Grievor's to two other positions both of which classification. Alterna job responsibilities were were classified at the h ively, comparable gher level. classified at present called two witnesses, Winters, Parks Superv '1 Regional Personnel Of f The Ministry's position was that the Grievor was proper 1Y In support of that position, the Ministry namely the Grievor's immediate Supervisor John sor Huronia District, and Robert Fletcher, icer of the Ministry's Central Regi..dn. The relevant Class Standards at issue were as follows: "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. -- - 3 - 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 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." "CLERK 4, GENERAL CLASS DEFINITION: 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 super- vision by others. Matters involving decisions that depart radically from established practices are referred to super- visors. 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 covered by these instructions, usually by authorizing adjustments or recommending 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. - 4 - I 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 combination of experience and higher educational qualifications. 3. Ability to communicate clearly both orally and in writing; ability to instruct and supervise the work of subordinates." Three separate Position Specification and Class Allocation forms, all relating to the Grievor's position, were introduced into evidence as Exhibits 10, 11 and 12. Exhibit 12 was prepared subsequent to the filing of the Grievance on May 4, 1983 and accordingly is of no probative value. Exhibit 11 prepared in 1982 is the more accurate Position Specification and bears repetition in part: "Position Title: Clerk Class Title: Clerk 3 General Immediate Supervisor's Title: District Parks and Recreation Areas Supervisor 2. Purpose of Position (Why does this position exist? State goals objectives, etc.) To provide accounting of general clerical services for the Parks and Recreations Section of the Huronia District. 3. SUMMARY OF DUTIES AND RESPONSIBILITIES (Indicate percentage of time spent on each significant function. Indicate scope, equipment, working conditions unusual features etc.) 1. Provides account services by: -preparing annual operations budget for the District parks program. -assisting the Parks Operations Supervisor in the annual collection and consolidation of the individual Park budgets, e.g., preparation of one detailed program budget from nine individual submissions. - 5 - -maintaining adequate records to advise Parks Supervisor on status of expenditures for all District Park programs. -preparing, updating cajendarization for all parks and record all changes and budget transfers from program to program (9 parks and $2 million). 5D% -completing all quarterly budget reviews and the year end summary for the parks program, consolidating all cost center summaries into an individual District Parks summary. -reviewing computer printouts and advising field offices of any changes of omissions. -consulting with park clerks on budget problems and financial reporting and advising contract clerks on new methods of financial reporting, calendarization, etc. -checking incoming disbursement claims from individual parks for coding and accuracy. -maintaining parks cash blotters and preparing.revenue summaries for the sale of permits at the District Office. -preparing tenders for the purchase or rental of any materials, including park capital projects bulk purchases of stain, chlorine, calcium, etc. and tenders for wood concessions, etc. -representing Parks on the District tender committee during the absence of the Parks Operations Supervisor, approximately three times a year. -preparing tenders, along with supporting information, for individual Park concession operations including security deposits and return of same and finalizing the tender process at the end of the season. -checking all tenders sent in from field offices for completeness and accuracy. -checking all hiring and-payroll documents from the parks program for accuracy and completeness and preparing all hiring and payroll documents for District Office parks staff. -completing travel and disbursement claims for District Office ~ Parks staff -advising Supervisor on any changes in accounting procedures or policies. -carrying out periodic audits of park accounting and cash handling functions at each park at least once a year. 2. Provides general clerical duties by: -gathering information on park use from individual parks and preparing annual statistics for District parks. -collecting information as directed on vandalism, vacancies, water samples, charges laid, etc. from individual parks, consolidating and forwarding data to Region and main office. -coordinating the ordering of items and services used through- out the District parks program including signs, equipment, uniforms, brochures, etc. from 9 parks and ensuring they are 35% reasonable, consolidating a District order and bringing to Parks. Operations Supervisor or District Parks Supervisor for authorization. -compiling reports on number of.staff hired at individual parks, issuing park warden badges, cat-alaguing:all badges and oaths. - 6 - -obtaining winter trail reports and forwarding same to local tourist authorities. -selling and distributing.brochures, maps, books and permits and issuing receipts only. -replying to general inquiries for information by phone, letter and in person. -maintaining the ,district parks filing system and records of park policies, regulations, finance and administration policy, etc. -preparing summary reports, updates and comparisons on park usage, revenue and visitation for reporting to Region and Main office. 3. Provides typing and stenographic services during peak periods only. 4. Performs other related duties, as assigned, including staff training and development for all clerical staff hired for parks program, e.g., cash handling, statistical reporting. SKILLS AND,KNOWLEDGE REQUIRED TO PERFORM THE WORK (state education, training, experience etc.) Progressively responsible clerical experience together with proven ability to complete work assignments with limited supervision. Ability to develop clerical procedures in response to new policies. Able to communicate clearly, both orally and in writing; tack and diplomacy. Ability to type would be a definite asset. CLASS ALLOCATION: Clerk 3 General CONFIRMATION OF CLASS Position performs routine clerical work according to established procedures requiring a background knowledge of specifics eg. preparing and updating calendarization for all parks. Decision-making involves some judgement in the selection of alter- natives eg. preparing tenders for the purchase or rental of materials etc. Initiative is in the form of following up errors or omissions." The Grievor holds the position of "Clerk" and works at the Ministry's Huronia District Office at Midhurst, Ontario. Her seniority dates back to 1971 and she has been classified as a Clerk 3, General since 1975. As her Position Specification indicates, the Grievor's primary responsibility is to provide accounting services for the park's section of the District (85% of her work .load) and also - 7 - to provide related general clerical services (35% of her work load). The Grievor testified in some detail concerning the variety of account- ing functions that she present 1. accuracy in that performance. for the consolidation of indiv i known as the annual operations budget. In add for completing quarterly budget reviews, prepa maintenance of adequate records on status of a y performs and of the requirement for In particular, the Grievor is responsible dual park budgets into a single submission ition, she is.responsible ration of tenders, 11 expenditures, the preparation and up-dating calendarization for all parks, to highlight but a few of her responsibilities. Mr. Winters testified that the Grievor's functions could best be described as "clerical functions" with responsibilities for catching all errors or omissions and making minor corrections. Mr. Fletcher testified that the Grievor's responsi- bilities were "highly proceduralized" with discretion limited to adjustment of minor errors and omissions. Any major error is referred to supervision for correction. The relevant arbitral precedents have been described in various fashions by different Arbitrators. T.he Divisional Court of the Supreme Court of Ontario commented recently onthe jurisdiction of the Grievance Settlement Board in classification grievances in connection with the Judicial Review of the Michael Brecht and Ministry of Community and Social Serivces (Callaghan J. in an oral judgement dated December 21, 1982). - 8 - "On a classification grievance the Board is generally mandated to consider two matters, namely, whether or not the Grievor's job measured against the relevant class standard comes'within a higher classification which he seeks, and, even if he fails to fit within the higher class standards, whether there are employees performing the same duties in a higher, more senior classification." Having cons idered the evidence carefully, we are unable to.conclude that the Gr ievor is improperly classified. In our opinion the core duties of the Grievor's position fit within her present classification. On the weight of evidence presented,those duties can best be described as routine work of some complexity. The evidence indicates that the Grievor's decision making is restricted to observing all errors and omissions and the making of minor adjustments on her own initiative. More complicated matters are referred to personnel in higher classifications. In short, she has limited discretionary powers. It is difficult to compare the Grievor's present respon- sibilities to other positions by virtue of the fact that her job is somewhat unique and accordingly not readily comparable with other positions. We do not find that the Union's evidence of comparability and responsibilities can assist the Grievor. The evidence establishes that both William MacDonald and Patricia Miller perform jobs at the Clerk 4, General classification which are not comparable to the Grievor's position. Both Mr. MacDonald and Mrs. Miller perform extensive super-: visory functions. For example, Mrs. Miller is directly responsible for interviewing potential staff, hiring staff, scheduling and supervising their work, and discipline of some 26 to 30 unclassified staff during peak - 9 - periods. Similarly, Mr. MacDonald has responsibilities supervising some 17 to 20 unclassified staff. On the evidence, the Grievor has no similar responsibilities. While it is true that the Grievor does instruct certain parks personnel by way of staff training, that instruction falls short of supervision per se. There is no doubt that the Grievor is very competent in the performance of her duties with the Ministry. The evidence is clear that she performs these duties virtually without supervision. However, competency in job performance does not of itself justify reclassification. For the above reasons, this Grievance is dismissed. DATED at Brantford, Ontario, this 26th day of April, A.D., 1984. . g- .--(*--LI a= e- -7 R. L. Verity, Q.C. -- Vice-Chairman "I dissent" (see attached) M. Perrin -- Member w. A. Lobraico -- Member GSB No. 387/83 IN THE MATTER OF AN ARBITRATION BETWEEN: OPSEU (LOUISE KEOWN) .and THE CROWN IN RIGHT OF ONTARIO (Ministry of Natural Resources) DISSENT With regret, I dissent from the Board's decision. The thrust of the Union's evidence was to demonstrate how various jobs were classified in relation to the class standards. The positions of MacDonald and Miller were utilized to clarify what level of clerical responsibilities were performed at the Clerk 4 level, in order to give the Board an understanding of the complexity of the CL 4 level classification. The level of respxxxxibility and complexity of Louise Keown's job are comparable to those at the CL 4 level as demon- strated by the evidence. Indeed, with respect to the Griever's accounting responsibilities, they are greater than those of MacDonald and Miller, in that Louise Keown is responsible not only for one park's budget, but she is responsible for the District budget. The Board accepted the employer assertion that the Griever's responsibilities were "minor". It appears that the Grievor's evidence about her responsibilities were not looked at at all. Obviously this type of assertion by an employer is self serving; the employer obviously does not wish the Board to determine that the actual work being performed is of a complex clerical nature (therby fitting into the CL 4 level). Rather, -2- the matters the Grievor deals with in her job fit into the CL 4 Class Definition 'I. . . Matters involving decisions that depart radically from established practices are referred to supervisors. . .II Secondly, it appears that the Board relied upon the amount of supervision of additional staff as a reason for denying the Griever's reclassification. Although the Grievor does not have the same type of supervisory work as MacDonald and Miller, she certainly has performed the same type of supervisory work in her job in the past, as well as performing a supervisory function when completing the District budget (where she consolidates, corrects, etcetera other clerk's budget material), and when instructing park personnel in training sessions. Work does not have to be identical to be considered to be of the same worth. As noted, no one else performs exactly the same job as the Grievor. Therefore, she's doomed to remain CL 3. This is grossly unfair and unjust, when in this member's view of the evidence, she performs work at least equal in value (if not greater worth in some areas) than that of the two.CL 4 witnesses. The legislation empowers the Doard to determine whether the Grievor properly belongs in the CL 4 classification, as claimed. It is clear to this member that the evidence demonstrated that Louise Keown's level of responsibilities and duties in the job she performs places her in the higher classification, and I would so have decided. ,<*u,fg Marion M. Perrin