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HomeMy WebLinkAbout1984-0755.Ivan.85-05-167- TELEPHONE’ m/599- 9699 m/a4 IN THE MATTER OF AN ARBITRATION UNDER THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT BEFORE THE GRIEVANCE SETTLEMENT BOARD BETWEEN: OPSEU (Joseph Ivan) Grievor - and - The Crown in Right of Ontario (Ministry of Education) Employer BEFORE: R. L. Verity, Q.C. Vice Chairman P. Craven Member L. R. Turtle Member FOR THE GRIEVOR: N. Luczay Grievance Officer Ontario Public Service Employees Union FOR THE EMPLOYER: P. Branston Senior Personnel Administrator Ministry of Education HEARING: January 24, 1985 DECISION In this matter, ,Joseph Ivan alleged that he was properly classified as Clerk 5 General. He requested ret fication as a Telephone Services Officer, retroactive to January 31, 1984. im- lassi- The present classification is in the clerical series, while the classification sought is a separate class series en- titled "Telephone Installer and Telephone Services Officer and Supervisor Series". The grievor has been employed as a "Telecommunica- tions Co-ordinator" wi' th the Ministries of Education and Colleges and Universities since June of 1980. incumbent in that position in the two Ministri He is the so,le es. A Position Specification and Class Allocation Form was prepared (Exhibit 2) dated July 1, 1984. subsequent to the filing of the grievance.. The grievor acknowledged that the Position Specification accurately the position and the required duti scr i sets out both the purpose of es and responsibilities. In that E.xhibit, the purpose of the position is de- bed in the following terminology: - 3 - *To co-ordinate and expedite the procure- ment of equipment and service to meet the total telephone and data line needs of the Ministries of Education/Colleges and Universities. To ensure that all installa- tions and equipment conform to Ministries' technical and economic policies and strate- gies, and also conform to Government stan- dards." The Duties and Responsibilities of the position read as follows: “1. Co-ordinates and plans telephone Andy data line services for the Head Office, Provincial Schools, and field Offices by: -responding to client requests for re- pairs, changes of new systems -reviewing request with client, and recom- mending best options consistent with econ- omy, efficiency, ease of maintenance, ex- pansion capability and conformance to poli- cjes and regulations -working with telecommunication Services Branch, within established criteria, in im: plementing or arranging analytic studies as required -preparing floor and layout plans as re- quired -scheduling work with Bell, Accommodations, and Ministry of Government Services -preparing and issuing detailed work orders for phone or data line systems, additions, deletions, or modification of billing processes (direct from supplier or M.G.S.) -monitoring schedule to ensure timeliness and liaising with Bell or Vendor to ensure consistency wi.th client request or plan -co-operating with Access Program Co-ordinator in arranging Bell Directors (36 in English and French) to ensure Minis- tries' activities are properly listed, compiling statistics to support the evalua- tion of the programs' effectiveness or to determine possible economies -maintains Ministry of Government Services phone directory and publishes internal dir- ectory -maintains records of line and equipment inventories for operational and audit pur- poses -assists clients in resolving billing pro- blems with Bell or M.G.S. -performs primary analysis for new or exis- ting systems for traffic problems, volume of calls and cost justification and pur- ,poses -other Building Services duties as assigned: i.e., electrical outlets, vax cables, promoting teleconferencing and arranging demonstrations and training sessions: The grievor's present classification as Clerk 5 General reads: "CLERK 5.GENERAL CLASS DEFINITION: Employees in positions allocated to this class perform responsible clerical work re- quiring detailed knowledge of a body of regulations, statutes or local practices, together with a thorough understanding of the 'objectives of the work unit. Decision- making involves judgment in the interpreta- tion and application of policy or admini- strative directives to problems where the intent of exis'ting instructions is obscure in specific cases. This frequently necess- itates modifying work processes or the development of new methods. Although the work is carried out with a large degree of independence, it is reviewed for consis- tency of decision-making. Difficult ~technical questions, or those involving policy determinations are referred to supervisors. Tasks typical of this level include re- sponsibility for a significant non- supervisory, clerical, or clerical account- ing function involving the interpretation, explanation and applicationof a phase of - 5 - departmental legislation or regulations re- quiring the ability to make acceptable re- commendations or provide functional advice; supervising a group of 'journeyman clerks' performing clerical duties of varying com- plexity or a smaller group engaged in more specialized work by planning, assigning and reviewing work, deciding priorities, main- taining production levels and carrying re- sponsibility for the total performance of the unit. QUALIFICATIONS: 1. Grade 12 education, or an equivalent combination of education, training and experience; preferably completion of addi- tional training such as related correspon- dence and university extension courses; thorough knowledge of office practices and procedures. 2. About six years progressively respon- sible clerical experience or an equivalent combination of experience and higher educa- tion. 3. Ability to evaluate the effectiveness of clerical procedures and staff perfor- mance; ability to supervise the work of other employees; ability to interpret regu- lations and instructions into procedures and practice; ability to prepare effective correspondence, instructions and reports." The classificat ion requested of Telephone Services Officer reads as follows: 'TELEP'HONE SERVICES OFFICER This class covers positions of employees 'who design the layout for commercial tele- phone, intercommunication, and signal systems for buildings and institutions occupied by the Ontario Government. They are responsible for determining commercial telephone and intercommunica- tions requirements through discussions with cations Ivan fi Co-ordinator was classified as C In early 1981, the griever's position as Telecommuni- lerk 4 General. Mr. ich was subsequently led a classification grievance wh -6- client department officials and suppliers and by conducting on-site studies of exist- ing and future telephone traffic. They prepare comparative cost estimates of the various types of commercial equipment and systems available, and recommend the most economical systems to client department officials. Upon completion and approval of the pre- liminary scheme, these employees prepare detailed designs of conduit and raceway systems, and indicate on architectural plans the location of these systems and all intercommunication outlets. They prepare specifications, detailed cost estimates and requisitions for materials. equipment, and installation work for approval by their supervisor, and issue work orders and instructions to commercial telephone companies, or departmental installers to effect the installations. SKILLS AND KNOWLEDGE: 1. As for Telephone installer 2. In addition: 2. The ability to prepare layouts of com- mercial telephone and intercommunication systems, specifications and detailed cost estimates, requiring a knowledge of design principles for raceway systems and a thor- ough knowledge of the types and costs of materials, rental rates, and labour costs, acquired through several years of experi- ence at the journeyman level. 3. Facility in English and sufficient self-confidence and tact to provide advice on communication requirements to senior officials of client departments.* r settled by the parties in,July of 1981. As a result, the grievor was reclassified as Clerk 5 General. -?- At the hear 1 ng, the grievor reviewed h IS primary dut ies and responsibil ities in detail. Ministry W itness. Tom Weafer, now Manager of Administrative Analysis and Documenta- tion of the Ministries of Education/Colleges and Universities, aqreed that the grievor's testimony accurately and fairly re- fleeted the responsibiliti es of the position. The grievor testified that prior to 1983, ttie Minis- try of Government Services reviewed all orders placed by the grievor prior to requisitioning telephone equipment from a supplier, usually Bell Canada. InJanuary oft 1983; a Ministry directive from Government Servi ces authorized the grievor to place orders directly with Bell Canada where a requisition for telephone equipment called for up to 14 telephone sets. In a memorandum to Supervisor John Conway dated October 31, 1983, the grievor noted the increased respons ties of his position and requested reclassisition: ibili- *Subject: RECLASSIFICATION DUE TO INCREASED ESPONSIBILITIES There has been a policy change in Telecom- munication Services Branch. The telephone co-ordinators call directly to Bell with orders according to the guidelines from Ministry of Government Services. -8- Where there is existing service up to 'fourteen (14) telephone sets, new locals. DLIC and LKIC sets; complete disconnect not involving a switchboard and temporary disconnect (seasonal) are the responsibil- ity of the telephone co-ordinators. For any other service Telecommunication Services Branch will handle. This change has increased the responsiblity and knowledge required (with the new elec- tronic switching telephone systems) to have the order successfully and accurately com- pleted. With Telecommunication Services Branch act- ing on an advisory capacity as set by the guidelines, this position has become sub- professional and is a significant part of the orqanization. The major change in the duties are requesting (ordering) equipment and installation work from the supplier (Bell Canada) and conducting on site studies of existing and future requirements and recommending the most efficient and economical system for their needs (cost estimates for rentals and installations of outlets); as well as the current duties as in the job Spec. In the Access Program there will be a new Access Co-ordinator, Nadhia Sutara re- signed, the new Co-ordinator, as did Nadhia, will probably approach me for de- tailed information on how the Program is set up, how it works. and the feasibility of Inwats versus Zenith service for the different areas. A second directive from the Ministry of Government Services was issued in January of 1984, which greatly expanded I have attended many workshops and meetings with Telecommunication Services Branch and Telepac (Government Telephone Directory), and will be involved in the near future with the Metro Toronto Telecom Study. I feel very strongly that this position should be upgraded to a Clerk Six (6) General or Accommodation Officer I.' the griever's direct call in to Bell Canada. The grievor test- ified that by January of 1984,.95X of all telephone requisi- tions were made by the grievor directly.to Bell Canada or other telephone suppliers. However, the grievor is not responsibile for the installation or repair of. any telephone equipment. That function is'provided by the telephone supplier. The grievor testified that he is required to deal with some 300 client requests annually. In addition to the above responsibility, the grievor is required,to work with the access Rrogram co-ordinator, com- pilinq statistics and listing Ministry activities. He also maintains the telephone directory. "the blue pages and spends about 36 hours per year di sc~harging that responsibility. Mrs. Joan Moyer, Supervisor of the Ministry of Government Services, Telecommunications Branch. testified that the call direct procedur'es were instituted in al 1 Ministries in 1983 and 1984 to alleviate the delay in processi ng telephone orders. Accordingly, the decision was made to allow client Ministries to place orde.rs directly with Bell Canada under cer- tain guidelines. Ministry of Government Services still retains the responsibility for .a11 new telephone systems in both exist- ing buildings and in new buildings. M.G.S. also retains full authority for any p‘roject involving Ministry of Government Ser- vices funding. Mrs. Moyer testified that M.G.S. Telecommunica- tion Representatives perform "tendering" functions which she - lo- maintained was approximately 500% more compl grievor's responsibilities. TV 7 ex than the John King, the Ministry's Project Leader, was respon- sible as a Personnel Generalist for Ministry classification. Mr. King reviewed the two classifications in issue for the Board. He concluded that the griever's present job responsi- bilities are clerical in nature, as opposed to technical which is required by the higher classification. According to his testimony, approximately 90% to 95% of the grievor's. present duties are clerical duties. It was Mr. King's opinion that the grievor is required to possess 'knowledge of what the equipment will do, not how it works'. The,thrust 'of the Union's argument was that the grievor's job, measured against the relevant class standards, is presently improperly classified as Clerk 5 General, and would be appropriately c'lassified as Telephone Services Officer. The Union did not argue that the griever's increased responsibilities in 1983 and 1984 merited reclassification, but rather that it precipitated the timing of a classification grievance. apprw classif The Employer adopted the position that the grievor is lately assigned to the clerical series and is properly led as Clerk 5 General. It was argued that although some individual tasks required by the grievor overl,apped with - 11 - the Telephone Services Officer standard; that the grievor's position did not fit within the core of duties contemplated by the higher classification. In classification grievances, the onus rests with the grievor to establish that he is presently improperly classi- fied. Arbitral .authorities of the Grievance Settlement Board are legion in classification grievances. For a grievance to succeed, the grievor must show that his duties are not encompassed by his present classification, or that there are employees in some higher classification who perform substantially similar duties. In the instant grievance, the Board cannot find that the grievor has discharged the onus of proof that he is improp- erly classified. In our opinion, the core functions of the grievor's job responsibilities are clerical in nature as is contemplated by the clerical series. The Board has no hesita- tion in accepting the evidence of Mr. King that 90% to 95% of the griever's present responsibilities can be characterized as responsible clerical functions. The classification requested pertains to employees responsible for "installation, modification and maintenance" of telephone systems. The grievor is not expected to possess the technical skills required by the Telephone Services Officer class standard. More significantly, his duties do not include the sophisticated technical responsibilities central to the duties of jobs within that classification. In the result, this grievance is dismissed. DATED at Brantford, Ontario, this 16th day of May, A.D., 1985. d .L 4 . - 7 R. L. Verity, Q.C. - Vice-Chairman . Craven - Member c-$--& ji Q L. R. Turtle - Member