HomeMy WebLinkAbout1985-0028.Malik.88-06-28IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
Bed:
OPSE'J (Malik, Abdull
-and-
The Crown in Right of Ontario
0020/05
Grievor
(Kin. of Transportation and Communications) Zmployer
Before: J. Forbes-Roberts Vice-Chairman
M. Gandall Member
H. Roberts Member
For the Grievor: H. Sharpe
Counsel
Gowling and Henderson
Barristers and Solicitors
For the Emolover: D. Wakely
Coilnsel
Winkler, Filion and Wakely
iiarristers and Solicitors
Hearinq: November 17, 1987
1
DECISION
This case involves the classification grievance of Mr.
Abdul Malik. The grievance was filed November 21, 1984. The
grievor feels that his position is improperly ranked as Clerk 4
General and seeks to have it reclassified to Clerk 5 General,
along with compensation retroactive to January 1, 1982.
Since 1980, the grievor has occupied the position of
Supervisor of Court Clerks. According to his testimony, in
1980 the Clerk 4 classification was appropriate. However, it
is his allegation that in 1982, his function changed. The
addition of duties and responsibilities qualitatively changed
the nature of the job, and brought it within the Clerk 5
General classification.
The Employer argues that there has not been a qualitative
change in the job. In any event, should this Board find re-
classification to be appropriate, the retroactivitiy of any
remedy should be restricted to twenty (20) days prior to the
filing of the grievance.
The grievor's function is, and always has been, to arrange
hearings before the Ontario Highway Transport Board. He
receives a file approximately two (2) weeks in advance of the
hearing date and is charged with the responsibility of making
sure that all parties have been.notified and that the
documentation is in order. 'In addition, approximatley once a
week, he performs a court reporter function using the "open
mike" system.
2
Up -until 1982, the grievor dealt only with hearings held
in Toronto. "Out of town" hearings were arranged and dealt
with by the Board Secretary, Ms. C.I. Davila. In 1982, the
grievor assumed responsibility for booking "out-of-town"
hearings.
Two things are required for "out-of-town" hearings - a
location and a clerk. The primary consideration in these
bookings is cost control. Towards this end there is a pre-
determined priorized list of possible locations. One looks
first for available. municipal buildings, then court.facilities,
all of which are obtainable at no cost. On a rare occasion, it
may be necessary to go to a hotel.
In Ianuary of 1982, the grievor was charged with the
responsibility of making the telephone calls necessary to
locate and reserve "out-of-town" hearing facilities. .He also
became responsible for arranging for a clerk to be present at
the hearing. This was accomplished by contacting regional
managers of the Ministry of Transportation and Communication.
In addition, the grievor had to prepare "the box" for the
out-of-town clerk. This contains the recording equipment,
tapes, detailed instructions, and the file.
MS. Davila testified for,the Employer. It was clear from
her evidence that while the physical function of making "out-
of-town" reservations fell to Mr. Malik, the blame for any
deficiency in the arrangements would land on her doorstep.
3
It is the grievor's contention that the function arranging
"out-of-town" hearings moves his job from Clerk 4 General to
Clerk 5 General.
We cannot agree with this position. Put into evidence,
were two Job Specifications for the grievor’s position: one
dated 1979 and. the other dated 1984. In both cases under the
heading of "Summary of Duties and Responsibilities" specific
mention is made of the function of arranging "out-of-town"
hearings. In 1982, the grievor became required to perform the
full range of duties contemplated by his Job Specification.
The grievor is clearly a conscientious employee, and has
received excellent performance appraisals. However, it is the
function of this Board to evaluate a job, not an individual.
The grievance is hereby dismissed.
Dated at Toronto this 28th day of June ,1988.
,, :fIzzF----
D.J. Forbes-Roberts
(1 dissent without written reason.)
M. Gandall
H. Roberts