HomeMy WebLinkAbout1985-0070.Neglia and Matthews.88-05-25IN TEE MATTER OF AN ARBITRATION
Under
TBE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
Between: -.-----_ OPSEU (D. Neglia 6 O.N. Matthews)
~
Grievers
Before: ------
For the Grievers: __---_--~_--_---
For the Employer: _---------------
Eearings : --------
and
The Crown in Right of Ontario
(Ministry of Labour)
Kenneth P. Swan Vice-Chairman
1.~7. Thomson Member
A.G. Stapleton Member
M. I. Rotman
Counsel
Rotman, Zagdanski
Barrister & Solicitor
A.W. UcChesney
Counsel
Staff Relations Officer
nanagement Board of Cabinet
December 16, 1985
April 29, 1986
Employer !
DECISION
This arbitration arises from grievances by two
employees who are incumbents in a position entitled "Edit and
Coding Clerk" in the Edit and Coding Section in the Standards and
Programs Branch of the Ministry of Labour.
,The position is' classified at the Clerk 2 General
level. The original grievances requested reclassification to the
Clerk 4 General level, but this was amended by letter from
counsel prior to the hearing to reclassification at the Clerk 3 .
General level. Despite initial opposition to thi.s amendment,
counsel for the Employer agreed to accept it at the outset of the
hearing before us.
The grievors are both experienced in the work which
they perform, having been employed in the same capacity for some
years at the time of the grievances. Ms.
Neglia gave evidence at I
the hearing, with a stipulation by counsel that her evidence ~
would be binding upon Ms. Matthews for the purpose of the other
grievance as well. Other evidence was also introduced orally,
and a large bundle of documentary evidence was produced, both to
indicate the classification issues to be addressed, and to
indicate the kinds of forms and documents used in the course of
performing the work here at issue.
This case does not really raise important questions of
principle. The Board's jurisprudence on all of the legal issues I
to be determined is well settled, and need not be extensively
reviewed here. It will be sufficient simply to quote, as has
been done in other decisions of this Board, from the restatement
in Montague, 110178, of.the general issue before the Board:
The task of this Board in classification grievances is to assess whether the position has been improperly classified according to the class standards established by the
government's classification system. In deciding such grievances, the Board considers not only whether the grievor's job comes within the words of the higher class standard which he or she seeks, but also whether the
grievor's duties are the same as those of an employee within the more senior classifica- tion sought.
In the present case, the grievors do not assert that their duties
are the same as those of an employee within a more senior
classification, and we are therefore only required to decide
whether the position at issue fits properly into the Clerk 2
Genetal position, or the Clerk 3 General position.
Other panels of the Board have considered the problems
inherent in classifying jobs in the Clerk General job series.
For example, in Switzer and McKenna, 804184, 805184, the Board,
dealing with the next transition above the one before us, made
the following observation:
An examination of the class definitions of Clerk 3 and Clerk 4 General makes it clear that the dividing line between the two classifications is not black and white. These definitions do not contain water tight
compartments which are easily distinguishable from one another but constitute only a general outline of the duties and respon- sibilities of the employees, with a main difference or distinction being the degree of responsibility, independence and judgment that is exercised.
- 3 -
We think that these observations apply equally to the dividing
line between the Clerk 2 General and the Clerk 3 General clas-
sifications.
The Edit and Coding Clerk position provides clerical
support services for thre~e computer based information systems
operating in the industrial, construction and mining occupational
health and safety divisions respectively. Each division is
served by a separate computer data base, and incumbents have to
be able to operate comfortably with all three data bases.
The niche occupied by the Editing and Coding Clerk in
the generation and maintenance of the data bases may be described
as that of an intermediary. Information is received from the
field on standard forms, and the Editing and Coding Clerk checks
the information, arranges for corrections to be made where
necessary, and codes the information for subsequent entry into
the computer by a key-punch operator. Against this general
background, the best detailed description of the job is found in
the position specification introduced in evidence as Exhibit 6.
In fact, this specification was prepared after the grievances
were filed, but that probably speaks more to the care with which
it was performed than its actual relevance. In any case, there
was no objection to its admission, and Ms. Neglia essentially
admitted its accuracy "for the major job duties". The following
are the relevant parts of the position specifications:
2. Purpose of Position
To edit a large volume of reports ie:
- 4 -
inspection reports, notice of projects, etc and to code A.D.P. forms for input into computer data banks for the Industrial, Construction and Mining Health and Safety branches.
3. Summary of duties and responsibilities
1. Edits and codes a high volume of reports/data for the Industrial and Construc- tion Health and Safety branches by performing such tasks as:
receiving industrial (plus extended,
arenas, logging) and construction reports, forwarding industrial manual reports directly to Edit Records Clerk and reports with tags
to the statistical unit: -. checking and/or coding reports ie: Registration of Employers of Workers, notices of project, Weekly Inspections on completed or inactive projects, Form 7's, incident report forms, etc., for completion of
mandatory fields such as: standard geological classification number; federal code; inspection running sheets' for incomplete information of inspec- tion reports; 70% - counties against directory of . communities:
etc.: checking on microfilm viewer for ap- propriate information re: W.C.B. #, etc: berifying company data re: correct name and address, with company representatives, as required; completing amendment forms, ie: postal code amendments, union code amendments, masterfile forms, etc adding or deleting information: referring to branch procedures manuals ie: Industrial Construction and Mining procedures manual, notice of Projects manual, Standard Geological Classification manual, unit and company listing books, Standard Industrial Classification manual, masterfile listings, etc. for reference to ensure conformance to specific procedures or standards: using A.D.P. coding manuals for guidance:
- 5 -
filing Registration of Employers of Workers by Construction Health and Safety
number, as-required; passing all ADP forms, completed work and
questionable reports and forms to Senior Clerk; filing notice of projects by project number, as required.
2. Provides editing and coding services for the Mining Health and Safety by performing such tasks as: referring to mining health and safety
procedures manual to edit reports and coded forms completed by officers such as - assessment reports, - incident report..forms, .- activity reports, 2 accident analysis reports, - active explosive magazine licences, 20% - amendments, deleting or adding
information, - masterfile forms, etc. coding and/or re-coding forms, as required; ensuring mandatory fields are completed, passing to Senior Clerk incomplete or inaccurate reports for follow-up:
assigning (i) operation numbers to the new operation according to type of operation (ii) company numbers to new owner and/or
company (iii) accident numbers to accident analysis forms: operating microfilm machine to check
W.C.B. number, updating the Company Listing Record.
3. Performs such related duties as: acting as Edit Records Clerk or Follow-up Clerk during work overloads or as assigned; 10% - assisting Supervisor in transferring of files ie: Construction Health and Safety; as assigned.
4. Skills and knowledge required to perform'
the work
Ability to follow specific clerical instruc- tions and to perform work at acceptable standards of speed and accuracy. Attention
- 6 -
to detail. Ability to acquire a working understanding of computer input/output
systems. Ability to operate a microfilm viewer.
These aspects of the position specification must, of
course, be compared with the class standards for the General
Clerical Series in order to decide at which level they should
properly be classified. To assist in this, it is helpful to bear
in mind the preamble set out in the class standard for the
General Clerical Series, which is as follows:
GENERAL CLERICAL SERIES - I CLASSES:
This series covers positions where the purpose is to perform clerical work entirely
.or in combination with incidental typing, stenographic or machine operating duties. Where exclusion of the latter would sig- nificantly change the character of a posi- tion, or where they occupy a large proportion of the working time, the position should be assigned to one of the specialized classes,
e.g. Clerical Typist. Positions fork which specialized clerical series exist, e.g.
Clerk, Mail and Messenger, 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.
Bearing in mind this general description, the duties
must be compared to the level 2 and level 3 class definitions
which are as follows:
,
- 7 -
CLERK 2, GENERAL
CLASS DEFINITION:
.
Employees 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 standar- dized letters involving little original composition such as form letters, acknowledg-
ments, reminders, etc. They may also assist with the training of junior staff. Assign- ments of unusual difficulty are preceded by detailed instructions or are carried out under close supervision. The work is reviewed for adherence to procedure and acceptable standards of accuracy and volume.
QUALIFICATIONS:
1. Grade 10 education, preferable Grade 12:
working knowledge of arithmetic, correct punctuation; spelling and grammatical usage: some knowledge of common office practices. .
2. At least two years satisfactory ex- perience 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 ac- curacy.
CLERK 3, GENERAL
CLASS DEFINITION:
Employees in positions allocated to this class, as "journeyman clerks", perform routine clerical work of some complexity according to established procedures requiring
r - 8 -
a background knowledge of specific regula-
tions, statutes or' local practices. Decision-making involves some judgment in the selection of alternatives within a comprehen-
sive framework of guidelines. Initiative is
in the form of following up errors or omissions and in making corrections as necessary. Doubtful matters not covered by precedent are referred to supervisors. Much
of the work is reviewed only periodically, principally for adherence to policy and
procedures.
Typical tasks at this level include the
preparation of factual reports, statements or memoranda requiring some judgment in the
selection and presentation of data; assess- ment of the accuracy of statements or eligibility of applicants, investigating discrepancies and securing further proof or documentation as necessary; overseeing, as a Group Leader, the work of a small subordinate staff by explaining procedures, assigning and checking work.
This is a terminal class for many
positions involving the competent performance of routine clerical work common to the office
concerned.
QUALIFICATIONS:
1. Grade 12 or an equivalent combination of education, training and experience.
2. About three years satisfactory clerical experience.
3. Ability to understand and explain clerical procedures and requirements; ability to organize and complete work assignments within prescribed time limits; ability to maintain good working relationships with other employees and the public served.
While there is not here an attempt to make a direct
connection between the job performed by the grievors and another
job in the higher classification, there was nevertheless
- 9 -
considerable reference to the job of Senior Ed it and Coding
Clerk, classified as Clerk 3, General, and working directly with
incumbents in the Edit and Coding Clerk classification. For ease
of reference, it may be valuable to set out the summary of duties
and responsibilities of that job as well. Once again, the
position specification was prepared after these grievances, but
was acknowledged by Lucille Rock, one of the incumbents, who was
called by the Union, to be accurate to the extent that it
described her position, which is one of three different positions
under this position title:
3. Summary of duties and responsibilities
1. Carries out a variety of ed.iting and coding duties by performing such tasks as: receiving monthly computer listings and reports, sorting into regions and districts, boxing, labelling and mailing to appropriate manager, supervisor, administrator, etc.; ensuring the accuracy of computerized
information on Project Masterfile, Employer Masterfile, Employer Registration, Non- Matching activity and inspection report, accident report, etc.: correcting monthly error listings, i.e.
checking microfilm reader, source document, etc.: determining appropriate methods of
correction, resubmitting correct document,
change form, etc.; returning incomplete or inaccurate forms to Regional Offices for completion and/or 50% correction; resolving processing and procedural problems, referring complex and technical problems to supervisor and/or systems personnel; issuing new project numbers on duplica- tion; forwarding information to appropriate office: conferring with WCB to correct duplicate or erroneous numbers: with companies to verify information, e.g. name, address, etc.;
- 10 -
maintaining monthly Masterfile record and company listing record; answering enquiries from Regional
Offices; consulting with Regional Offices for confirmation of information.
2. Ensuring accuracy of data input received from Edit and Coding Clerks and reports received from Regional Offices by: checking and ensuring completion of
mandatory fields, e.g. name, address, month 35% due, duration, project number, etc.; determining whether input is new, amended or deleted, passing appropriate information for correction and updating of
files: preparing or requesting additional forms
as appropriate, e.g. name and address form,
deletion form, etc.; assigning and recording operation numbers, company numbers and accident numbers; editing "Designated and Toxic Substan- ces” forms received-from Regional Offices to ensure completeness and consistency: batching forms, recording. in register, assigning number, preparing control slip, forwarding to Systems; preparing and submitting weekly and monthly data reports to supervisor. 3. Performs other related duties such as: receiving and sorting daily incoming mail; distributing to appropriate sections or persons: training new staff in edit and coding procedures, instructing in use of Microfilm 15% reader, etc.: typing monthly attendance report for the Branch, checking final report with the
supervisor, passing to Director for signa-
ture; assisting in preparation of operating procedures for the section: acting as Section Supervisor during absences, i.e. vacations, etc.; as assigned.
There is no dispute that this is a very busy office,
with a large volume of documentation flowing through it every
work day. In general, under the supervisor, the Senior Edit and
- 11 -
Coding Clerks are responsible each for one of the three data
bases. The Edit and Coding Clerks, while they are familiar with
all three data bases, ordinarily rotate on assignment from one
base to another. While there certainly are occasions when they
may have to switch at short notice to another data base, the
usual practice is that they work on one data base for one week to
one month before' rotating. The rotating appears to be done
relatively informally, but there is no doubt that it remains
under the control of the supervisor. There is no dispute that
the systems are completely distinct and quite different, although
they all involve much the same process of ensuring the accurate
coding of incoming information in preparation for data process-
ing. The training for the position is done on a one-on-one
basis, and incumbents of the position regularly, train other
employees as required in exactly the same way. While the
evidence about training is subject to some interpretation of what
witnesses mean by that term, we are prepared to accept the
Union's evidence to the effect that a new employee would only
feel comfortable with all three systems after a year's experience
or more.
Finally, before turning to a characterisation of the
evidence, we think it is important to underscore an observation
by the Board on a number of previous occasions, that the clas-
sification process is one of classifying a bundle of duties, and
not of assessing the worth of a particular employee. There is no
doubt that the grievors, as experienced and dedicated employees,
- 12 -
are very good at what they do and are well thought of and trusted
by their supervisors. There is also no doubt that they work very
hard, and handle a substantial amount of volume. These factors
are not, however, relevant to the classification process, which
instead measures the level at which duties are performed and
assigns a classification on that basis alone.
Having regard to the duties performed, and to the class
definitions at level 2 and level 3 of the series, the issue
before us can be reduced to a number of questions, a combination
of the answers to which will provide us with the outcome of.this
arbitration. The questions are as follows:
1. Does this work comprise ."clerical tasks of limited
complexity according to established procedures, where the. prime
responsibility is for accuracy and an acceptable rate of produc-
tion", or does it comprise "routine clerical work of some
complexity according to established procedures"?
2. Does the work require "little background knowledge of
regulations or statutes", or "background knowledge of specific
regulations, statutes or local practices"?
3. Does the decision-making in the work consist of
"determining whether material conforms to specified set-out
procedures or standards", or does it involve "some judgment in
the selection of alternatives within a comprehensive framework of
guidelines"?
4. Does the work involve little initiative, with output
- 13 -
"reviewed for adherence to procedure and acceptable standards of
accuracy and volume", or is the initiative in the job "in the
form of following up errors or omissions and in making correc-
tions as necessary. . .investigating discrepancies and securing
further proof or documentation"?
If the first alternative is chosen to any question, that will
tend toward a decision in favour of a level 2 classification,
while the second alternative will tend toward a level 3 clas-
sification.
In our view, it is only the first of these questions
which is very difficult to answer. The grievors presented us
with a mass of material with which they work, which to the
unpracticed eye is no doubt extremely complex. After care'ful
consideration, however, it can be seen that the requirement of
the position at issue is to receive incoming information on
standard forms, assess the completeness and, to a minor degree,
the accuracy of that information against carefully specified
criteria, and to "translate" that information into codes for data
processing. The job requires quick, careful and accurate work,
and there is no doubt that it is at the very least at the
borderline between "limited complexity" and "some complexity".
In fact, the basic materials being used by the grievors and by
the senior clerks in the same office are essentially identical;
it is very difficult to distinguish between the two jobs one the
basis of the -complexity of the clerical tasks assigned, and it
may well be that it is that difficulty that led to the filing of
these grievances.
- 14 -
On each of the other three questions, however, we are
of the view that the evidence clearly points to the level 2
classification argued for by the Employer. The specialization in
this office occurs at the Senior Clerk level, and while the
rotation of the other clerks increases the variety of tasks to be
performed, it is also an indication of the lower level of
responsibility assigned to the clerks. It is at the Senior Clerk
level where responsibility for the accuracy and maintenance of
the entire data base resides, and where the accuracy checking and
error correction function is centred.
The error correction at the clerk level is limited to
checking on obviously erroneous information, and filling in
missing information, by checking with the employees in the field
who provided the form in the first place. Apart from ongoing
monitoring of one's own performance, the clerks have no other
error detection or correction function. At the Senior Clerk
level, this function is carried out by spot checking forms from
individual clerks, reviewing monthly computer generated error
listings, and providing a "group leader" function.
No doubt, for the grievors, there is very little need
to spot check their work, and they receive very little negative
feedback or advice from either the Senior Clerk or their super-
visors. But the fact that they are particularly good at their
jobs does not.alter the level of responsibility of what they do,
- 15 -
nor does the fact that their competence makes the Senior Clerks'
work easier detract from the responsibility assigned to that
position.
In short, while it is extremely difficult to dispose of
this grievance solely on the question of complexity, the other
factors which distinguish between the Clerk 2 and Clerk 3 level
make it relatively easy to approve of the Employer's classifica-
tion of these employees at the Clerk 2 General level. Any
classification decision is a matter of judgment, but we are
satisfied, after a careful review of the ~evidence and the
extensive documentation, that the judgment of the Employer's
classification officers has been properly exercised in the
particular cases of these two grievors,
The grievances are accordingly dismissed.
DATED AT TORONTO, Ontario this 25th day of day , 1988.
Kenneth P. Swan, Vice-Chairman
A.G. Stapleton: Member