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HomeMy WebLinkAbout1984-0508.Boivin et al.89-09-21EMPLOY& ok LA CO”RONNE DE L’ONmRIO CQMMISSION DE SElTLEMENT REGLEMENT DES GRIEFS 508/84 IN THE NATTER OF AN ARBITRATION Under THE CROWN EXPLOYERS COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: OPSEU (Boivin et al) - and - Grie'vor The Crown in Right of Ontario (Ministry of Revenue) Employer Before: For the Grievor: For the Employers: Hearings: R.J. Delisle Vice-Chairperson J. Anderson Member W. Lobraico Member R. Wells Counsel Gowling, Strathy & Henderson Barristers & Solicitors D. Kirk Labour Relations Advisor Ministry of Revenue January 13, 1989 March 28, 1989 2 AWARD Placed before this Board were 246 classification grievances of Assessment Clerks from 25 offices throughout the province. The Board assigned 25 file numbers to these grievances. We have considered one group of grievances, numbered 1600/84 which grievances came from the Sudbury office. These grievances, seeking re-classification from Clerk 3, General to Clerk 4, General were dismissed. This hearing was convened to consider Assessment Clerks from the Pembroke office, which grievances are numbered 1675/84. It was agreed that Marsha Beattie would describe her tasks and that she would be taken to represent all the other clerks in the Pembroke office. These grievances also seek a re-classification. from Clerk 3, General to Clerk 4, General. The date of the grievance is July 17, 1984 and the evidence concerning the griever's tasks is confined to that period of time. The gr'ievor described her activities throughout the year. The grievor worked with an assessor under the supervision of the Evaluation Manager. In the office there would be one clerk to 6-7 assessors. There was a Position Specification for the Assessment Clerk, Exhibit 3, developed following a province wide audit. The grievor registered some disagreement with regard to this document. While she did most of the tasks described she maintained she also performed other tasks in addition. She denied the operation of a data processing terminal which, according to the Position Specification accounted for 20 per cent of her time. In January the clerk would attend "open houses" with the 3 assessor, meeting property owners in their municipalities to discuss re-assessments. The Position Specification mentions this but describes it more as a secretarial role. The grievor maintains that when the assessor was tied up she would talk with the people directly; perhaps 4-5 people during a three day open house. As a result of the open houses there'd be amended notices to prepare and the clerk would go ahead and do these unless a field call was necessary. The clerk would prepare a Data Entry Form as a result and code the same for the keypunch operator. The assessor would not regularly check her work but he was available. From February through April the grievor would be occupied in ths generation of equalization factors for use by counties and school boards. This would involved calculations, more than an exercise in arithmetic but still a standard exercise to be fol'lowed. She would work closely with the assessor to do an overall audit of all thirty- three municipalities in their care. During April and May she, with the assessor, would be occupied with 1133*s18. The assessor goes into the field to check on building permits for additions and new buildings. That information would generate the data to effect changes in the office. Sometimes the clerk would do the necessary calculations herself. This in turn would generate Notices of Assessment. The Position Specification refers to this task but the grievor takes issue with "forwardi.ng completed appraisal cards to assessoPt and says that rather she would just file the same. During May, June, July and August, the assessor would be largely in the field inspecting. The clerk would do the regular correspondence and handle calls for the assessor. She would 4 frequently answer queries from callers by herself. During September the clerk and assessor would be busy enumerating, and costing. If there were any problems she would speak with the assessor. During October and November the clerk and assessor would work on Class Factors. Also in November there'd be the preparation of the Roll to be sent to each municipality: an exercise in arithmetic but demanding accuracy. The grievor allowed that there were system checks to ensure accuracy; e.g. Fine-tuning Reports and Frequency Distribution Reports. The grievor also admitted that the costing function she performed was a relatively straight forward exercise once.one got familiar with the various manuals. The system was standardized and manuals were available for guidance. The grievor testified that the assessor was the technical expert and the clerk was there to assist: the assessor was accountable for value and would have to defend the same if called upon. Murray schultze, the assessor who worked with the grievor, described their relationship. In essence, his testimony indicated that he was responsible and the Clark assisted. Routine matters could be handled by the clerk but he was kept apprised of all inquiries. With respect to severances, the clerk would do the routine and he the difficult. Ken Bertrand, Valuation Manager, described the operation and the griever's involvement in it. He described her role as, in the main, the processing of a variety of documents. The clerk did some costing following guidelines in the manuals. He was available if clerks had questions. Depending on how busy it was, and the 5 competence of the clerk, supervision would vary: he testified that the grievor was very competent and there was little need to check. He described a variety of quality control checks within and outside the system. He allowed, that when Schultze was ill on two occasions, for a total of 9 weeks, the grievor stood in his place.' It is for the grievor to persuade us that her work deserves the higher classification sought. In this she has been unsuccessful. In evaluating the facts we need to bear in mind the job requirements rather than the griever's attributes. The duties and responsibilities of the Assessment Clerks in Pembroke are, not unexpectedly, quite similar to those in Sudbury. We find, again, that .the decision-making involved in the grievorls job, most appropriately fits within the Clerk 3 General Class Standard of "within a comprehensive framework of guidelines" rather than the clerk 4 General Class Standard of "involves judgment in dealing with variations from established guidelines or standards." Also, and again, the Clerk 3 Class Standard is a better fit with regard to supervision: "Much of the work is reveiwed only periodically". There was always supervision available to the grievor. Accordingly the grievance is dismissed, Dated at Xingston this 21:'~day of ~x>ephember,.1989. A?Aw . . flxze-Chairperson