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HomeMy WebLinkAbout1984-0274.Wallace.87-04-29274184 IN THE MATTER OF AN ARBITRATION Under THE CROWN E%PLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEaNT BOARD BETWEEN: BEFORE: OPSEU (K. Wallace and L. Jackson) Grievers - And - The Crown in Right of Ontario (Ministry of Health) M. R. Gorsky Vice-Chairman T. J. Kearney Member G. B. Walker Member FOR THE GRIEVOR: I. Roland Counsel Gowling & Henderson Barristers & Solicitors FOR THE EMPLOYER: D. Brown Law Officer Crown Law Office Civil Ministry of the Attorney General HEARING DATES: August 29, 1984 April 2 and 3, 1985 May 17, 1985 November 1, 1985 . . DECISION The Grievors were at all material times employed by the Ministry of Health in the position of Rehabilitation Counsellors and were classified as Rehabilitation Officers. 2.. They gri'eved that they had been improperly classified and requested " reclassification to the position of Social Worker 2 "with retroactivity to the time the matter was first raise-d with the Employer". Those with whom they were compared were under the * classification of Social Worker 2: Mrs. E. Segal occupied the '-. position of Rehabilitation Counsellor,~ Mrs.,B. Gander, occupied 'the position of Vocational Rehabilitation Counsellor and Mr. . . Robert Philip's position title was: . . Rehabilitation Officer. Unlike the Grievors, they were employed by the Ministry of -. . . Community and Social Services. The Union position was that the evidence had demonstrated that the Grievors performed the same or sub&antially similar work to that performed by persons in a higher classification. Reference was made to,the case of Lowman et .al. and.The Crown in Right of Ontario (Ministry of Transportation and Communications) ._ n/82, 34/a;:, 35/82, 36/a2 (Saltman). The Union relied on the statement.contained at p.8 of the latter award:, "In order to succeed in its claim, he Union must prove that the Grievors were performing duties which come within the higher classification as measured against the relevant class standards or as measured against the Employer's actual classification practices. More particularly, if the Grievors are performing duties which come within the descr iption of a higher class standard, the grievance must succeed. The grievance will also succeed, notwithstanding that the duties do not fall within the higher class standard, if other employees performing the same duties are classified at the higher classification, which the grievance claims. "There has been some debate in the jurisprudence as to whether it is sufficient, in establishing a claim far a higher classificaiton, for the Union to prove that the employee's duties were "substantially the. same" as the duties performed by other employees in the higher classification sought or whether the Union must p&e that the duties performed were "identical". ‘For instance, the Board has said that the Union must prove that the employee's duties were "virtually identical" to the duties of other employees in Re McCourt 198/78; "substantially similar" in Re Beals 8 Cain 30/78; and "the samel' in Re Montague 110/78.' This' latter test would appear to have the approval of the Divisional court: see Ontario Public Service Employees Union v. ' The Queen in right of Ontgario (Ministry of Community and Social Services), . . . .'I 2 The position of the Union in this case was that the Grievors need not be found to be performing "virtually identical" duties in order for them to succeed. It was submitted that it'was . . sufficient if they were doing "essentially" the same,thing as the higher classified employees. Counsel for the Union said that the duties need not be absolutely identical but must be very close to thosa performed by higher classified employees. As I understand Counsel for the Union, he would ask us to accept the "substantially the same" test and not the "virtually identical" . . test. It wxs the position of Counsel for the Union that what the Grievors did amounted to "essentially the same thing" as the work performed by the witnesses Gander, Segal and Philips. We were asked to concentrate on what was said to be the essential functions and duties of the Grievors and those with whom they were compared. It was acknowledged that some difficulty was presented by the fact that the examples furnished were with 3 respect to employees of different ministries, working out of different offices with a different mix of individuals and problems to be faced. We were, nevertheless, asked to find that the essential duties and responsibilities of M.rs..Gander, Mrs. .' Segal and Mr. Philips were essentially the same as the Giievors, in a functional sense. In the case of OPSEU v. The Queen in the Right of Ontario et al, (1982), 40 O.R. (2d) 142 (Div. 'Ct.) at 145. The Court ^ / stated: "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 mare senior classification." Dealing with the second criteria established by the Divisional Court, for the Grievor to succeed upon a "class usage" claim, the Union must show "that the Employer's actual classific- ation system differs from the written one." He Brick and Ministry of Transportation and Communications (1982) GSB X4/80 (Samuels), at p.50. In Re G. Piffard et al and the Ministrv of Community and Social Services 1982, GSB 602/84; 605/84; 606/84; reference was made to Re Crockford and Ministrv of Conununitv and,, Social Services (19851, GSB 548/83 (Roberts), at p.10; and @ Aikins and Ministrv of Health (1983), GSB 603/81 (Draper) standing for the proposition: "In its decision over the years, the Board has come to accept that this test is satisfied upon a showing that the Grievors are performing substantially similar ‘i 9 4 work to that assigned to a job in the higher classification." In the Piffard case, the arbitrator said further at p.55: .'I ;.. we accept the' measure of 'substantial similarity' as whether the work of the grievors 'is the same in its distinctive and essential elements as that being performed by employees in the classification sought."' In the present case, the Union entered evidence which was intended to show that the work performed by the Grievors was substantially similar to the work actually being performed by the Social Worker 2's, the examples chosen being Mrs. Gander, Mrs. Segal and Mr. Philips. There are a number of earlier cases where a test of virtual similarity had to be satisfied before the second part of the test could be met. The later decisions cited in this .decision recognize that it is not a task for task comparison that must be met but rather a test based on "distinctive and essential elements . . . being performed . . . . "This is how I view "the same duties". We were also asked to find that although differe.nt words were used to describe the functions, duties and 'responsibilities of Mrs. Segal, nevertheless, in substance, the Grievors did the same thing. We were asked'to accept Mrs. Gander's description of her duties and responsibilities and those of the Grievors as being essentially the same. Mrs. Gander's evidence was said to be of more weight because of the fact that she had worked in the position of the Grievors as well as in her own present position (as a Social Worker 2). 5 We were asked to compare Exhibit 7, being the Position Specification of the Grievors with the Position Specification of Mrs. Gander and Mrs. Segal [Exhibits 9 and 10) and to find that they represented the same jobs; We were asked to find that the focus of all the jobs was'vocational rehabilitation. The same argument was made inthe case of the job performed by Mr. Philips (Exhibit 11). We were asked to,find that there was, in fact, no real distinction between a Rehabilitation Officer 2 and a Social- Worker 2 when the actual functions performed by the Grievors and the three comparison employees were examined. They were all said to focus on the vocational potential and needs of their client population. Mrs. Gander, NIX. Segal~ and*Mr. Philips were said to go th'rough the. same exercise with their client population as did the Grievors. Their client population is made up of persons requiring vocational ~rehabilitation as a result of physical, emotional and mental disability. The only difference, it was stated, between their work and the work of the Grievors was based on such differences as existed because of the nature of the institution and of the particular client population. In the case . of the Grievors,' the population suffered, primarily, from psychological and emotional disabilities including problems of mental retardation. However, it was stated that their client population includes, as well, persons suffering from physical problems. The population serviced by Mrs. Gander and Mrs. Segal suffers more from mental and physical problems, with a lesser number hav~ing emotional problems. However, in all cases, it was 6 said, the clients have social problems. It was noted that the client population of Mrs. Segal and Mrs. Gander are not as disabled as those within the client population of the Grievors and Mr:Philips. _ In the case of Mr. Philips, his .client population suffers from a number of disabilities, with the principal focus on mental problems (severe mental handicap) although other clients suffer from physical and emotional problems. This population is more ~ severely disabled than that of the Kingston .Psychiatric ..: facility, where the Grievors work,and the facilities where Mrs. Gander and Mrs. Segal work. We were asked to find that the mix .,. ..:.: and severity of the disabilities affecting the client population : -.. of'the Grievors fell somewhere .between the client populations. of . Mrs. Segal and Mrs. Gander and that of Mr. Philips. what was emphasized was that the exercise of carrying out the duties and responsibilities was, in all essential matters, the same for the . Grievors and Mr. Philips, Mrs. Segal and Mrs. Gander. That is, they.are said to have gone through the same assessment exercise and also to have gone through a similar exercise in utilizing resources to carry out a client assessment. They are all said to be responsible for identifying educational assessment and ' training programs and to act similarly in assisting their clients in the vocational aspects of the program and in moving to jobs, if they are able to do so. They are all said to be responsible for carrying out placement in programs, training, job placemebt, pre-vocation and life skills. They are also responsible for 7 assessing a client's potential, identifying suitable programs, access to work situations, monitoring clients, assisting clients to work through problems which arise in carrying out the job of vocational training and placement. All of them were said to focus on the individual client's program and were respon's'ible for endeavoring to meet the client's vocational needs. _ We were asked.to find that the Grievors utilized the. many facilities available at the Kingston PsychLatric Hospital and, . where such facilities were not available, they were required to .. seek out existing facilities in the community. The Grievors were able to utilize funding available through Canada Manpower and other public funding agencies. The Grievors worked with a mix of . in-and-out patients, with in-patients going out into the community to. take advantage of resources and programs. We were asked to find that there was no real difference between the nature of the work performed by the Grievors and the work performed by Mrs. Segal and Mrs.'Gander, 'although the nature of the funding was not the same. Mrs. Segal and Mrs. Gander had funds available to them to purchase services in the community. As was the case for Mrs. Segal and Mrs. Gander, the Grievors were said to be required to be aware of relevant legislation applicable to them and all of them drew on similar sources for assistance in the community. Reference was made to the uniform resort to COMSOC and other agencies such as Canada Manpower. The relative similarity that we were asked to.find was utilization of common resources to provide similar services for a client a population. We were asked to find that such difference in funding as existed amounted to a distinction absent a meaningful difference. In the case.of Mr. Philips, who worked within an . institutional setting,, there was an acknowledgment- of the different emphasis based on the different client population.' However, we were asked to note that the functions being carried out by Mr. Philips, including objectives and techniques, the - manner of proceeding and the resources.empl~oyed, were "' ? substantially the same for him and for the Grievors. In dealing with supervision, we were asked to find that there was no distinction between the Grievers and Mr. Philips, Mrs. Segal and Mrs. Gander. We were asked to note that th'e Grievors were subject to very iittle iknediate. supervision and that they worked virtually independently, with their cases being reviewed once a month. Although they obtained information during periodic team meetings with respect to .individual clients in the institution, this was said to amount to an exchange of information between the members of the team. The Grievors were said not to obtain orders or direction but were merely in receipt of suggestions. While referrals were received by them from psychiatrists, it was up to them to prepare the vocational rehabilitation assessment and to carry out the assessment plan and the monitoring, with little direct intervention for in- patient clients. In the case of out-patient clients there was no team structure set up, but exchanges of infcrmation were effected - .I I ~. 9 in an informal fashion. We were asked to find, from the evidence relating to Mrs. Segal, Mrs. Gander and Mr. Philips, that the supervision structure applicable to them was very similar to that which applied to the Grievors.. In the. case of.,Mrs. Gander'and Mrs. Segal, there was no team structure in place, however, they drew on other disciplines as needed and meetings might ‘be set up to deal with problems .affecting individual clients. Inter- disciplinary resources were drawn upon'to effect the best vocational program for a client. Reference was also made to the.- fact that within his institution, Mr. Philips had both formal and informal exchanges of information with a number of people concerning his client population. In the case of Mr. Philips, out-patient clients would use the facilities of the institution . and~he coordinated and structured programs to best suit the needs of the client. In the case of discussions concerning out- patients, he'chaired the informal meetings which were held. Mr. David Eyes, the Manager of the Community Services Unit at the Prince Edward Heights facility in Picton, who is employed by the Ministry of Community and Social Services, was Mr. * Philips' Reporting Supervisor. Mr..Eyes, in his testimony, noted that Mr. Philips draws upon the experience of other disciplines, as required, to assist him in carrying out his rehabilitation counselling function. As part of his job, Mr. Philips deals with individual consultants and relies on the multi-disciplinary team within the institution. 10 Emphasis was placed on the fact that Mrs. Gander had filed a classification grievance when she was a Rehabilitation Officer 2 and as a result was reclassified, in 1981, as a Social Worker 2. Mrs. Gander's evidence.was that, on the basis of her having performed the same duties'and having had the same - 11 responsibilities as the Grievors, she concluded that there was. no relevant difference between what she now does, what‘she did,when she was a Rehabilitation Officer 2, and what the Grievors now do, Fmbhasis was placed on the fact that she had performed the Grievers' functions when classified as a Rehabilitation Officer 2 at the Kingston Psychiatric facility. Counsel.for the Union referred to Exhibit 12, which is a copy of the, "Policy on Selection Criteria," which received approval.from the Civil Service Commission on November 20, 1980. The selection criteria replaced staffing standards which were to be deleted as of November 30, 1980. Attached to Exhibit 13 is a memorandum addressed to all Personnel Directors dated March 1980, on the subject of "Implementation of the Policy on Credentialism". The memorandum was "intended to provide 3, direction on the inter-relationships of Credentialism, .Staffing Standards and Classification Standards." The memorandum notes that where the Credentialism Policy does not coincide with stated requirements contained in the Staffing Standards Manual, "ministeries are permitted to disregard those portions of staffing standarcs which conflict with the policy on credentialism." ., ,i .,, 11 The philosophy of the Credentialism and Classification Standards is set out at p.2 of the memorandum of March 3, 1980. It states: "During Classification Standards development, we - . . identify where appropriate- tar job evaluatron.purposes, specific skills and knowledge required for specific' levels and types of work within the service. This does not involve the identification of sources of acquiring such skills and knowledge, except where there are statutory or other mandatory requirements for a degree, certificate, or licence, creditation, or other credential." i At p.2 of the memorandum of March 3, 1980, there is contained an interim direction, with certain exceptions not relevant in this case, where ministries w.ere'~"requested to follow the intent of the credentialismpolicy in all classes . ..I' In the credentialism policy, it is stated that: "Credentials may be used in the selection process only under three conditions: 'i .l. Where required by statute. 2. Where essential without equivalent for satisfactory job performance. 3. Where a credential or an equivalent combination of education and experience would indicate possessipn of the required knowledge, skills and experience necessary for Satisfactory job performance." Counsel for the Union argued that in the light of the policy on credentialism, there was no requirement that the Grievor's have formal academic qualifications in order to succeed in this grievance. It was further noted that neither Mr. Philips nor Mrs. Gander had professional social work training at the university level, and that,.accordinqly, the Grievors' lack of i 12 formal or educational qualifications represented no impediment to the allowance of the grievance. Mr. Brown, for the Employer, submitted that the Grievors did not perform substantially the same j&as the.three persons'with 18 whom they were compared. It was his position that the objectives, resources, techniques used and the manner of functioning in the case of all of the five persons discussed could apply to anyone in the rehabilitation field, such as I physicians and other members of the clinical teams involved. The intention in all cases was to maximize the potential of a handicapped person. Mr. Brown argued that the most common '. purpose was insufficient to assist the Grievors. It was submitted on behalf of the Employer that there, were needs of.the client population which went beyond the vocational and the degree to which a higher order of professional functioning was expected of Mrs. Gander, Mrs. Segal and Mr.. Philip represented ~the principal distinguishing feature in this case. Reference was made to the class standards. Reference was made to the preamble of Fxhibit 6, being the Social Workers Series, which indicates that Social Workers are within the Scientific and Professional category. We were asked to find that the Rehabilitation Officer Series is an Administrative Services category. The Social Worker 2 class,standard is as follows: "This class covers the positions of qualified social workers who provide professional social work services to clients under the general supervision of a senior social worker or other professional or administrative official. They conduct interviews, compile social histcries and formulate psychosocial diagnosis of the personal and 13 environmental causes of social dysfunctioning. They implement tratment plans to assist clients to resolve their problems and develop their maximum potential. They provide service by any one or a combination of the social work methods appropriate to the functions of the department and service, They evaluate the effectiveness of the treatment plan and modify or revise as necessary. They consult.with members of other professional disciplines and may serve as members of treatment'teams, institutional and-community committees. They may supervise and.review the work of social work assistants, child care workers, residential. counsellors and other staff in the area. They participate in conferences.and group discussions, interpret departmental policy and objectives, and maintain liaison with other disciplines, jurisdictions,-and community agencies. They may assist in ,the training of departmental personnel and students in social service courses. "KNOWLEDGE AND SKILLS REQUIRED "Thorough knowledge of the principles, techniques, and methods of social work and ability to apply them in the work situation; ability to formulate psychosocial diagnoses and skill in implementing them; .knowledge of diagnostic and, treatment procedures utilized by related disciplines; good knowledge of departmental programs and policies; ability to develop co-operative working relationships with other professional staff; personal suitability." The class definition of Rehabilitation Officer 2 Health is as follows: "Under general supervision, employees in positions in this class use a complete range of industrial rehabilitation services to prepare patients, out-patients or ex-patients at a psychiatric hospital or mental retardation facility, for re-employment within the community. "In conjunction with other hospital staff, these employees review the medical, educational and work background of individual cases; appraise aptitudes; discuss tentative progranunes with clinical staff and decide on a realistic individual vocational rehabilitation programme. They collaborate and maintain liaison with other provincial and federal agencies in matters such as: vocational or on- the-job training and maintenance allowance; job placements and they.provide follow-up counseliing and obtain assistance from community agencies as required. They also promote public understanding and acceptance*of the mentally ill or retarded. 14 "These employees may assist in obtaining contracts for industrial therapy workshops and may participate in their operation. They may supervise and instruct Rehabilitation Officer trainees and clerical staff. They prepare reports and correspondence as required and perform related duties as assigned. ,"QUALIFICATIONS: 1 , 1. Grade 12 education; preferably a degree in one of the social sciences from a university of recognized standing. 2. At least one year's experience in rehabilitation work in the Ministry of ,Health or. directly related experience acceptable to the Civil Service Commission,., as the equivalent. 3. Ability to work effectively with the mentally disordered or retarded and with ex-patients; ability to communicate effectively with employers and the public; tact; sound judgement; patience,." Although acknowledging a certain amount of overlap between the \ Social Work classification and. the Rehabilitation Officer classification, Mr. Brown asked us to note the significant differences in the classifications as defined. Emphasis was placed on the fact ,that Mrs. Segal and Mrs. Gander worked with clients who had a wide range of disabilities, primarily not of a psychiatric nature, and that they do not function within the confines of a psychiatric institution. The Grievers' primary responsibility was to a client population suffering from a variety of mental disabilities and--the secondary problems affecting their client population remained.secondary. With respect to Mr. Philips, it was observed that most of his clients suffer from mental retardation. We were asked to find that the Grievors were part of a clinical team, in a way that differentiate.3 them from Mrs. Segal, I p .: . 15 Mrs. Gander and Mr. Philips. In the case of Mrs. Gander and Mrs. Segal, there was no clinical team assisting in the counselling function and no psychiatrist involved as a head of a team. While there might be conferences called on:an ad hoc basis, this' -- differed from the hospital clinical team environment aff'dcting the Grievors, where the primary focus was the psychiatric well- being of the client. In the case of Mrs. Segal and Mrs.. Gander, they were said to .~~ be their own "clinical team" and that they were the initial and ultimate monitors of their clients' progress, even though they .might call on'other persons in different disciplines for assistance. Mr. Philips, it was ,said, did not operate with a clinical team. The IPP, which he utilized outside the . institution, was rarely resorted to and Mr. Philip was not involved in the annual review group which monitored progress in the institution. Mr. Brown further argued that the Grievors were not independent in the way that Mr. Philips, Mrs. Segal and Mrs. Gander were independent. Mr. Brown admitted that the Grievors were, to an extent,.but suggested that an examination of the framework in which they operated (the clinical team), indicated that they were part of a structure with a major concern for psychiatric care: the Grievors being involved in the occasional rehabilitation component of a patient's care. It was suggested that there were a number of parts involved in this care which had to be integrated. While the Grievors were responsible, to a 16 considerable degree, in the implementation and assessment area, Mr. Philips, Mrs. Gander and Mrs. Segal were more independent and able to develop the direction of their work and the responses which might be made in the course ofldealing with a client: It was argued that while Mr. .Philips was not as independent'as Mrs. Gander and Mrs. Segal, he was said to‘be more.self-directed than then Grievors. In referring to the purchase of outside services,. Mr. Brown'. submitted that in the case of the Grievors the services necessary to service clients were mainly found within the-medical clinical team and that the Grievors did not determine when and if services would be required outside the institution: ,It was argued that vocational and rehabilitation counsellors made the decision on their own in a way 'that was beyond the powers of the Grievors. In the case of the Grievors, it was stated that the decisions concerning outside consultation,was made by the team and not by the Grievors. While acknowledging that there were common objectives and techniques employed by the Grievors, Mrs. Segal and Mrs. Gander, we were asked to find that the attainment of the objective and the techniques.employed required a different level of response and that in the case of Mrs. Gander and Mrs. Segal, a much greater variety of problems presented themselves because, of the different nature of the disabilities dealt with by them. In the case of Mrs. Segal and Mrs. Gander, their overall responsibilities *were to orchestrate a successful introduction cf 1 ; .~ 17 a client into gainful employment. This was not the realistic purpose of the Grievors' work and, in any event, their work was overseen by psychiatrists, although it was acknowledged that such intervention as might be forthcoming-from psychiatrists was not very great. I ‘ The major point made by Mr. Brown was that the distinction between the role of the Grievors and those,with whom they were compared was in the manner that the Grievors exercised their .. responsibilites .and duties, there being a real difference in that .~~ the Grievors were not as independent in their functioning nor as sophisticated in their functioning was Mrs. Gander, Mrs. Segal and Mr. Philips. Mr.. Brown acknowledged'that from‘1977 to the time of the hearing, Mr. Philips might not have exhibited as great an independence' of action and responsibility, however we were invited to find that there'was a real distinction between what he did and what his responsibilities were when he was compared with the Grievors. In reply, Union Counsel stated that the responsibilities of the medical members of the'team, with whom the Grievors were associated, demonstrated a different focus and that in their functioning the Grievors manifested the same focus on objectives and the use of techniques as those with whom they were being compared. It was the position of Union Counsel that the Grievors represented a team and were involved in vocational rehabilitation and might be viewed in ~the same way as those with whom they were 18 compared. The Grievors were stated to have brought the vocational rehabilitation component to the team. They were said to merely receive information from the team which permitted them to develop a.vocational program and that in this way they were no different from Mrs. Gander; Mrs. Segal and Mr. Philips. 1‘ Resources were employed by all of them. The resources were in the nature of feed-back from specialists whose information assisted the Grievors, as it assisted the others, in developing a vocational program. The Grievors were'said to be no more or less interested in the psychiatric problems of their clients than were Mrs. Segal and Mrs. Gander. That is, their interest in psychiatric problems was only significant to the extent that it bore on the vocational program to be developed. Thus, it was stated, the duties and responsibilities of the Grievors, Mrs. Segal, Mrs. Gander and Mr. Philips were the same, in substance, only the sources of information were different. In all cases, resources were resorted to and used. The Grievors, it was said, were no more subject to real direction than those with whom they were compared. Union Counsel emphasized tha't this case was not concerned with the class standards (best fit) but with a comparison of what the Grievors did when compared with what the Social Worker 2's did. We were urged to find that while the psychiatrists, in law, had the ultimate responsibility with respect to the patient, the functional respcnsibility with respect to vccational 19 rehabilitation was with the Grievors as the functional responsibility for their client population was with Mrs. Segal, Mrs. Gander and Mr. Philips, and in each of their cases, the responsiblity was primarily related to vocational rehabilitation. It was said that the legal'responsibility of the psychiatrists did not alter the validity of a comparison of the work performed by the Grievors and. the persons with whom they were'compared. It was stressed that there was, in the case of Mrs. Segal, Mrs. - Gander and Mr. ~Philips, someone above them in the structure who... was legally responsible for their work. There was said to be nothing significant in the fact that different expectations with respect to obtaining employment was had for each client population. This depended on the severity of . the mix of problems affecting the client population: Although the Grievors' success would be less than that of Mrs. Segal and Mrs. Gander, Mr. Philips had an even smaller percentage of successful long term placements because of the profound mental disability affecting his client population. The Grievors were said to be, in this regard, "sandwiched" between Mrs. Seqal and Mrs. Gander on.the one side and Mr. Philips on the other. The Union denied that the Grievors were unable to decide the programs for their client population within the institution. We were asked to find that there were certain controls affecting Mrs. Seqal, Mrs. Gander and Mr. Philips in the choice of outside specialists to assist them. . ~” 5 _. After reviewing all of the evidence, I cannot find a realistic basis for finding a sufficiently significant .difference between the real functions performed by the Grievors, Mrs. Gander, Mrs. Segal and.Mr. Philips. :There was no-persuasive evidence concerning the higher professional social work 'htandards required of Mrs. Gander, Mrs. Seqal and Mr. Philips, as alleged by Counsel for the Employer. As Mr. Brown emphasized, social work can be performed by~a.wide variety of people with varying .~ degrees of training. In some cases, a degree of professional .. sophistication is demanded which is, to some extent, a function of professional standing and education. This is recognized in the Employer credentialism policy, even,though no special source may be required for- attaining skills and knowledge.. I would be prepared to find, in a proper case, that experience alone cannot be relied upon a.s a ~basis for finding the existance of certain professional skills; in this case professional social-woik skills. A para-medic or,nurse clinician may be shown to perform some of the same functions as a person with a medical degree and, statutory requirements aside, it could be easily demonstrated that they were not performing the same work for job classification purposes. Similarly, there may be a case for showing that a higher level of professional social work training is required in order to qualify for and function up to the standard of a particular social work po~sition, eyen if direct observations would tend to show two positions to be essentially the same. For example, 21 nurses in a psychiatric setting, may give psychotherapy, including group therapy. This does not, putting aside the question of formal credentials, make them into psychiatrists. In this case, the work performed by the.Grievors, Mrs. Segal;Mrs. Gander and Mr. Philips was"insufficiently differentiated'on any level. The claims made on behalf of the Employer, that the Grievors had less decision making control, had a different role, functioned differently and in a less professionally sophisticated L1 manner, were insufficiently etablished to overcome the evidence of similarity which was adduced. I heard no evidence concerning the incorporation in their work, by Mrs. Gander, Mrs. Segal and Mr. Philips, of professional social service and rehabilitation principlesnormally associated with a graduate of a recognized university social work course or that of a related discipline. Mrs. Segal holds an M.S.W. degree and there was no evidence to cause me to conclude that she employed her training at a level consistant with her academic attainments. Her evidence did not demonstrate' that she was undervaluing the extent to which her job called upon her to utilize other than rudimentary social work skills. From her evidence, I would gather that there was no need to employ higher level social work skills associated with a graduate degree in social work, let alone an undergraduate degree. I emphasize, that in another case, the evidence of necessary professional understanding of social work theory and practice might undermine the tinion positicn. Such evidence did not figure 22 in this case, except~as we were asked to find its existence in the evidence presented. Upon examining the evidence, I cannot find a basis for so finding. In the circumstances, the grievances succeed on the second test involving substantial~similarity of' duties and ,' responsibilities and I need not consider the first test. On. the evidence, I would find that the Grievors ought to be awarded the classification of Social Worker 2. The Grievors are entitled to. retroactivity plus interest in accordance with the rule .~. ennunciated in Re Smith and Ministry of Community and Social Services (1985), GSB 237/81 (Roberts), which "would limit retroactivity to 20 days before the date,'o.f filing of the grievance." Id. at p.5. There are no circumstances which I .find - to raise an eguity.against the Ministry's reliance on this,rule. Interest is-awarded upon retroactive payments in accordance with the formulations set forth in Re Jones and Ministry of Correctional Services (1984), GSB 537182 (Joliffe). The Board will retain jurisdiction of this matter pending implementation by the parties. A5 agreed by Counsel for the partiks, I was authorized to act as a, sole arbitrator for the purpose of completing and publishing the decision. DATED AT London, Ontario this 29th day of April, 1987. ?I. R. Garsk\f 1 , ‘!lce-Cha;rman