HomeMy WebLinkAbout1984-0187.Myers.86-01-23SETTLEMENT
IN THE IWTER OF AN ARJXTRATION
under
TELEPHONEl 416/5sa- 0688
187184
188184
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190/84
220/84
THECROWNElGU3YEESCOLLECTIVEBARGAININGAcT
Before
THEGRIEvANcEs-T
Between: OPSEU (T. Myers, E.V. DeDios, C. Tharakan,
D. Ladha, E. Voisin)
and
The Crown in Right of Ontario
(Ministry of Consumer and Gnmercial Relations)
Before: R.L. Verity Vice-Chairman
T. Traves Member
L.R. Turtle Member
For the Griewr:
A. Millard
Barrister & Solicitor
For the mloyer:
J. O'Shea
Manager (Acting)
Personnel Services
Ministry of Consumer and Conmarcia Relations
He&l-g: September 27th, 1985
Grievor
Fnployer
DECISION
On September 1, 1983, five Ministry employees filed
separate Grievances alleging improper classification as "Clerk
2, Filing”. The classification sought was amended on several
occasions. At the Hearing, the ,Parties agreed that the final
reclassification sought be amended to read “Clerk, 2, General”.
The Grievance of Cherian Tharakan proceeded as the
representative Grievance on the understanding that the Board’s
decision would determine the merits
Grievances.
All Grievers hold the posi tion of “Records Office
File Clerk" and work in the Records Section of the Ministry’s
of the four remaining
Companies Branch at 555 Yonge Street in Toronto.
Three Position Specification and Class Allocation
Forms were made Exhibits at the Hearing, all of which related
to the Griever's job - one that was in existence at the time of
,the filing of the Grievance (Exhibit 6); a second dated Oecem-
ber, 1983 subsequent to the filing of the Grievance (Exhibit
7); and a third prepared on November 28, 1984 immediately
following a job audit (Exhibit 8).
The final Position Specification and Class Allocation
Form referred to above is said to accurately reflect the duties
of the job, and accordingly bears repetition:
“PURPOSE OF POSITION
To assemble and prepare documents for microfilming
and filing on the corporate records for all corpora-
tions carrying on business in Ontario.
SUMMARY OF DUTIES AND RESPONSIBILITIES
Incumbents in this position will spend the majority
of their time (80%) on either duty 1, 2, or 3. All
incumbents are trained in all aspects of the position
and perform duties 4 - 6.
1. Processes:
a. Federally Incorporated Corporations with Head
Offices in Ontario by:
- Scanning and selecting pertinent information
from the Canada Bulletin, the Federal Computer
print-out and other source documents;
- Checking each corporate name against internal
references to eliminate duplication and ensure
that the name and date of incorporation are
recorded correctly;
- Photocopying and ruling up page to isolate
corporation indicated if necessary;
- Typing and filing card for reference wheel;
- Alloting Ontario Corporation number to file and
documents;
- Arranging folders in numerical order and for-
warding to microfilming;
- Ensuring entry on corn index by submitting to
processing supervisor, Examination Notice Sec-
tion.
b. Corporations Incorporated in Jurisdictionsother
than Ontario or Federal by:
- Allocating an Ontario Corporation number to the
Corporation;.
2.
a.
b.
C.
d.
- Entering number on document and file folders;
- Typing and filing card on reference wheel;
- Forwardina to microfilming;
- Ensuring entry on corn index by submitting to
processing superv isor, Examination Notice Sec-
tion.
Updates existing fi les by preparing for micro-
filming and filing, amendments received and with-
drawn documents by:
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Changes of Name - Federal Corporations:
- Checking the corporate name on indexes;
- Photocopying and ruling up in red ink, source
documents if required;
- Arranging material in numerical order;
- Forwarding to processing supervisor for entry
on corn index;
- Entering Corporation number on pages of docu-
ment if not shown.
Amendments - Ontario Corporations
- Checking corn index
- Selecting documents required in guidelines and
arranging in order;
- Entering Ontario Corporation number on top
right of last page of amendment, if applicable;,
- Arranging in numerical order and forwarding to
microfilming;
- Setting up files of all material stripped from
documents, stamping it 'Temporary', and sending
it to central files.
Revival
- Checking corn index
- Receiving special Acts and Articles of Revival
and recalling file from.retention centre;
- Checking files to ensure all documents are in-
cluded forwarding to microfilming, after
microfilming forwarding to processing super-
visor for entry in corn index;
- Setting up temporary files of all material
stripped from documents;
- Arranging material in chronological order;
- Stamping accordingly and forwarding ,to micro-
filming.
Withdrawal
- Arranging material in chronological order;
- Entering corporation number, month, year of
closing on appropriate documents;
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- Marking file 'closed out' and forwarding to
central files.
3. Prepared for microfilming/filing documents of
amalgamation by:
- Checking and preparing documents taken from
Canada Bulletin of copy of certificate page of
articles of amalgamation.as for new Federal and
Ontario corporations;
- Ordering file and completing form CD 305 (memo
to file);
- Typing card for continuing corporation and
filing on reference wheel;
- Attaching forms to file or arranging in numeri-
cal order and forwarding to appropriate sec-
tion.
4. Prepares and maintains '0' files by:
- Listing corporate names and numbers in the
10% appropriate register;
- Arranging material in chronological order,
stamping and labelling.
5. Processes new files for Ontario Corporations
- Checking documents to ensure all required
are received;
by:
items
- Arranging all documents in numerical sequence
5% and forwarding for microfilming;
- Setting up 'Temporary' files of all extraneous
material separated from documents required by
an Act or Regulation.
Other Duties:
- Assisting company staff in locating files;
- Repairing used files;
- Operating office equipment;
- Familiarizing temporary staff and summer stu-
5% dents with office procedures as required;
- Arranging notices, style name, registration
forms, correspondence, etc. in numerical order
and batching for microfilming, as required;
- As assigned.
SKILLS AND KNOWLEDGE REQUIRED ID PERFORM THE WORK
Ability to distinguish different types of legal
documents. Ability to arrange documents in
chronological/numeric/alphabetical order. Ability to
work accurately. Proven knowledge of filing proce-
dures. Typing ability.
- 6 -
I have classified this position under authority dele-
gated to me by the Deputy Minister and in accordance
with the Civil Service Commission classification
standards for the following reasons:
A. Positions primary purpose is to directly assist
in the maintenance of files. _
8. In a large filing operation position is respon-
sible for the assembling and preparation of docu-
ments ~for microfilming and filing which assists
in the maintenance of records for all corpora-
tions carrying on business in Ontario.
C. Employees in this position perform work of exper-
ienced filing clerks under the supervision of the
Assistant Controller of Records. They do not
exercise supervision over subordinate staff.”
The Grievance proceeded on the basis of a comparison
of the Griever’s job against the two Class Standards in ques-
tion. The relevant Class Standards and accompanying preambles
are as follows:
“CLERK, FILING SERIES (Preamble)
KIND OF WORK COVERED:
This series covers all positions in
which the primary purpose is to maintain or
directly assist in the maintenance of
filing systems. Typical duties include:
attaching material to files; placing files
in their appropriate positions within the
system, searching for particular files,
preparing new files, destroying dead
files. Also included in the series are
clerical-type positions where the duties
performed are part of the overall filing
operations and require a knowledge of the
filing system, e.g.-sorting and coding
material for attachment to files, register-
ing, coding and indexing documents to be
filed or released from the filing system.
- 7 -
Some filing positions are found in clerical
sections where the bulk of the positions
are covered by other class series.
EXCLUSIONS:
Excluded are positions (e.g. some in
the Department of Transport) involving the
supervision of extremely large records
units where, because of the size and com-
plexity of the operation, the senior super-
visory positions are essentially admini-
strative and are therefore allocated to the
Clerk, General series.
Also excluded are positions involving
sorting operations not directly connected
with a filing system. These belong to the
Clerk, General series, or if mail is in-
volved, in the Clerk, Mail and Messenger
series. The latter is also appropriate for
positions of employees who spend most of
their time actually delivering, distribut-
ing or collecting files.
Positions of employees in a filing
operation who spend most of their time
operating equipment, belong in the appro-
priate equipment operating series. Filing
positions that include significant typing
or stenographic duties should be considered
for inclusion in the Clerical Typist or
Clerical Stenographer series.
AUXILIARY DUTIES:
Many positions at all levels in this
series involve the performance of duties
other than filing for a small proportion of
the time, e.g.- a filing supervisor may be
responsible for such additional functions
as duplicating, microfilming, typing,
stock-keeping, or mail services. However,
if these duties occupy a large portion of
an employee's time, the position should be
considered for possible allocation to
another series.”
"CLERK 2, FILING
CLASS DEFINITION:
Employees in positions allocated to
this class are experienced filing clerks
responsible either for the maintenance of a
small filing unit, or for the performance
of more complex duties under supervision.
In the smaller operations they maintain a
small alphabetic, numeric, alpha-numeric,
or simple subject filing system, preparing
new files, attaching new material to exist-
ing files, or inserting material in the
appropriate file within the system, search-
ing for the pulling files requested, main-
taining simple control records of movement
of files, repairing worn files and destroy-
ing old files. Occasionally they review
the filing system, relabelling or re-
arranging the cabinets as necessary.
In the larger operations employees
file by complex subject order, or code and
cross-index material under a number of
headings, and are required to ,relate mater-
ial that is not readily identifiable to
corresponding files, and similarly to
search for material which may be difficult
to locate within the filing system.
These employees may be responsible for
the custody, issuing and collecting of
important or valuable documents and for
providing information from the files on
request; they may train junior filing
employees.
Incidental duties may include operat-
ing simple office equipment, opening, sort-
ing and delivering mail, parcelling and
delivering stationery supplies, answering
the telephone, or simple clerical duties.
QUALIFICATIONS:
1. Grade 10 education; at least one
year's satisfactory filing experience.
2. Ability to understand and carry out
simple work instructions; readiness to
leg 1ity
learn; ability to write
al dexterity; dependabi
ibly; manu- I,
~~CLERICAL, CLASS SERIES (PREAMBLE)
GENERAL CLERICAL SERIES - 7 CLASSES:
This series covers positions where the
purpose is to perform clerical work entire-
ly or in combination with incidental typ-
ing, stenographic or machine operating
duties. Where exclusion of the latter
would significantly change the character of
a position, or where they occupy a large
proportion of the working time, the posi-
tion should be assigned to one of the
specialized classes, e.g. Clerical Typist.
Positions for which specialized clerical
series exist, e.g. Clerk, Mail and Messen-
ger, Clerk, Filing, etc. should not be
assigned to this series. Group leader
responsibility normally begins at the third
level, while the fourth and above usually
cover positions involving line supervision;
however, non-supervisory positions can also
be included."
"CLERK 2, GENERAL
CLASS DEFINITION:
Employe,es in positions allocated to
this class normally perform a number of
clerical tasks of limited complexity
according to established procedures, where
the prime responsibility is for accuracy
and an acceptable rate of production.
Decision-making consists of determining
whether material conforms to specific, set-
out procedures or standards and requires
little background knowledge of regulations
or statutes. Employees may initiate stan-
dardized letters involving little original
composition such as form letters, acknow-
ledgements, reminders, etc. They may also
assist with the training of junior staff.
Assignments of unusual difficulty are pre-
ceded by detailed instructions or are car-
- IO-
ried out under close supervision. The work
is reviewed for adherence to procedure and
acceptable standards of accuracy and
volume.
QUALIFICATIONS:
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 exper-
ience 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.”
The Griever was the only witness called by the
Union. He described his duties in some detail, which coincided
in large measure with the duties described in the Position
Specification referred to above. The Griever performs no
supervisory responsibilities.
Mrs. Linda Bowden, a Ministry Personnel Administrator
levant time, was the sole witness called by the at the re
Employer.
including
which she
She reviewed her involvement with the Grievance,
her participation in a job audit in the fall of 1984,
coordinated and supervised. A summary of the audit
was introduced into evidence as Exhibit 9. The audit consisted
of a “desk review”, interviews with four of the five
incumbents, interviews with management, and confirmation of
four related positions. The conclusions of the audit read as
fo llows:
“Conclusions
The preamble to the clerical series states
in part ‘This series covers positions where
the purpose is to perform clerical work
entirely....’ Positions for which special-
ized clerical/series exist e.g. Clerk, Mail
and Messenger, Clerk Filing etc. should not
be assigned to this series.
The preamble to the Clerk, filing series
states in part 'this series covers all
positions in which the primary purpose is
to maintain or directly assist in the main-
tenance of filing systems.....Also included
in the series are clerical-type positions
where the duties performed dare part of the
overall filing operations and require a
knowledge of the filing systems e.g. sort-
ing, coding material for attachment to
files, requesting coding'.
The position of Records Officer File Clerk
exists in Companies Branch, Record Sec-
tion. The main purpose of this section is
to maintain corporate records on all corp-
orations, carrying on business in Ontario
and to provide secured access to the files
by the public. The main objective of the
area of Records, in which this position is
allocated, is the maintenance of the re-
cords. This position performs duties which
are directed towards the maintenance of the
records which form part of the overall Fil-
ing System. Therefore, the most appropri-
ate series for this position to be classi-
fied is the Clerk Filing Series.
The Clerk Filing Series consists of Grades
from l-5. Allocation to Grade 3 onward
requires the supervision of staff. The
position in question does not possess any
supervisory responsibilities, therefore it
- 12-
must be allocated to a grade below 3.
The class definition for Clerk, Filing
includes positions that perform simple
routine repetitive filing duties under
close supervision or within such well'
established guidelines that the work is
self-checking. The class definition for
Clerk 2 Filing includes positions that are
experienced file clerks responsible for the
maintenance of a small filing unit or for
the performance of more complex duties
under supervision.
After a comparative analysis of the posi-
tion to the two grades a determination was
reached that the work performed was of a
more complex than simple nature. Conse-
quently the most appropriate classification
for the position is that of Clerk 2 Fil-
ing."
The Union contended that there were few filing func-
tions performed by the Cr i evors and that the clerical component
was the essential feature of the job. Mr. Millard argued that
the filing classification series was inappropriate because it
contemplated routine filing, free of decision-making. Mr.
Millard further argued,that the Board view the audit process
with skepticism.
The thrust of the Employer's submission was that the
preamble of the clerical series provided direction to avoi d the
general series when there is a specialized series available.
In Mr. O'Shea's argument, the key factor cited was the function
of the Records Section which was to maintain records of the
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"births, marriages and deaths"of Corporations conducting busi-
ness in Ontario.
In classification Grievances, various panels of the
Grievance Settlement Board have determined that the Class Stan-
dards are "the absolute standards" and as such are the basis
for determination of classification disputes. See for example
Montague, 110/78 (Gorsky).
Inva,riably, Class Standards are ~drafted in general
terms for purposes of general applicability. In the instant
Grievance, the two Class Standards in question are outdated in
the sense of being in existence for in excess of 20 years. Any
revision of the Class Standards is, of course, the sole
prerogative of the Civil Service Commission, and not the
Grievance Settlement Board.
The evidence establishes that the Grievor works in
the Ministry's Corporate Records Section, and is part of a
relatively large and sophisticated data collection unit for
Corporations carrying on business in Ontario. In most
instances, the Griever receives corporate materials directly
from the Ministry’s Examiner's Section and in that capacity is
the last line of defence in the correction of errors prior to
the microfilming of documentation. It is interesting to note
that the Griever's position title has changed from "Records
- 14-
Office Clerk" at the time the Grievance was filed to the
present designation of “Records Office File Clerk".
In classification Grievances, the Board is obliged to
measure the duties performed by the Grievor against the two
Class Standards. In the instant Grievance, there was no evi-
dence of usage approach to classification Grievances.
fitting t
fication
On the evidence, the Board has some difficulty in
he Griever’s responsibilities into the present classi-
of Clerk 2 Filing. While it is true that the ,Grievor
is part of the overall functioning of the Records Branch of the
Ministry's Corporate Division, that fact alone does not deter-
mine the classification dispute. While the present filing
series is broad enough to encompass employees performing some
clerical functions, it seems inappropriate, we think, to clas-
sify the Griever in the filing series where the essential com-
ponents of his job are clerical in nature. On the evidence,
filing duties per se, are an insignificant part of the
Griever’s present responsibil ities.
In our opinion, the Clerk Filing Series involves the
mechanical process of placing documentation in files, and other
related filing responsibilities. Few filing functions referred
to in the Clerk 2 Filing Class Standard are actually performed
- is-
by the Grievor. In sum, the Filing Series is designed to
accommodate those employees who perform routine filing respon-
sibilities, free from any decision-making role.
On the other hand, the Clerk 2 General Series appears
to more appropriately reflect the Griever's actual duties and
responsibilities. Clearly, he performs “clerical tasks of
limited complexity according to established procedures”. The
requirements of the Job are now specified in a Procedural
Manual, although the actual date of introduction of this Manual
is unclear.
The Griever's job requires “prime responsibility for
accuracy” as well as an acceptable rate of production, both of
which are contemplated in the Class Standard. The Board does
not find that the legislative changes referred to by the Em-
ployer in the Business Corporations Act in June of 1983, les-
sens the Griever’s requirement for accuracy.
The Griever is required to have a background
knowledge of the Ontario Business Corporations Act and the
Ontario Corporations ,Act. His position requires a limited form
of decision-making, as for example the disposition of certain
confidential documentation.
- 16-
The Class Standard reference to initiation of stan-
dardized letters is not a mandatory provision, nor for that
matter is the requirement to assist in the training of junior
staff. On the evidence presented, the Grievor fills neither
responsibility. Close supervision of the Griever’s work is
generally not done; however, supervision is available for
direction when and if required. Finally, the work is reviewed
for adherence to procedure by the Griever’s supervisor.
In fairness, the Board was favourably impressed with
the straightforward testimony of Mrs. Bowden. However, the
audit process was not described to the Board in any detail.
In our opinion, Mrs. Bowden came to her conclusions
,primarily because of the wording contained in the preambles of
both Class Standards. The better approach would have been to
have read the preambles and Class Standards in their entirety
giving equal weight to all components specified therein. Mrs.
Bowden appears to have been influenced by the specific wording
iling Series, “also
positions where the
contained in the preamble to the Clerk F
included in the series are clerical-type
duties performed are part of the overall filing operations and
require a knowledge of the fi ling system..,".
In our opinion, inadequate attention was given to the
- 1 7
in the same
lerical sect i
phrase which appears
tions are found in c
preamble "some filing posi-
ons where the bulk of the pos-
itions are covered by other class series”. We are satisfied on
the evidence that the bulk of the Griever's responsibilities
are clerical, as.opposed to filing per se.
For the above reasons, the Grievor is entitled to the
classification sought of Clerk 2 General, and we so award. In
addition, the Grievor shall be entitled to compensation for fhe
difference in pay for the Clerk 2 General classification as of
the date of the
Hearing, September 27, 1985.
DATED at Brantford, Ontario, this 23rd day of
January, A.D., 1986.
R. L. Verity, Q.C. - Vice-Chairman
- . -
T. Traves - Member
L. R. Turtle - Member