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HomeMy WebLinkAbout1985-0433.Church.87-10-02BETWEEN: BEFORE: FOR THE GRIEVOR: IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before File # 433185 FOR THE EMPLOYER: HEARINGS: THE GRIEVANCE SETTLEMENT BOARD OPSEU (John Church) Grievor - and - The Crown in Right of Ontario (Ministry of Government Services) J.W. Samuels Vice Chairman S. Dunkley Member G. Peckham Member M. Farson Counsel Cornish & Associates Barristers & Solicitors P. Van Hone Manager, Staff Relations Personnel Services Branch Ministry of Government Services April 15 and July 15, 1986 July 8 and September 1, 1987 Employer 2 On March 20, 1985, the grievors filed their grievances claiming that they are improperly classified as Clerk 5 General, and asking for reclassification as Clerk 6 General. They are Operational Standards Clerks in the Employee Benefits and Data Services Branch of the Ministry of Government Services. Their job is described in great detail in the Position Specification which is Appendix 1 to this award. In a nutshell, they audit transactions ‘. processed and reports generated by other tm~ts, dealing with pension and insurance benefits, for over 100,000 government employees and 26,000 pensioners, ,including current and retired members of the Legislature, Members of the Provincial Executive, and Provincial Judges. The grievors verify that these transactions andreports are done correctly--&at all is done according to the applicable legislation, regulations, policies and procedures; that all necessary documents are there (such as letters of probate, letters of administration,. powers of attorney, or releases); that calculations are correct. If an incorrect transaction is approved by the grievors, it is very unlikely~ that the error will be ever be found later. Thus; for all intents Andy purposes, the “buck stops” with them. They are concerned not only with the accuracy of individual. transactions and calculations, but also with the efficient and accurate functioning of the various operational, procedural, manual and automated systems designed to handle the transactions. The grievors will help identify situations which require amended or new policies, procedures, or computer programs, The original transactions and reports are done ~by four units---Data Reconciliation, General Accounts, Benefits Services, and Executive Benefits. We were provided with a “profile” of the Employee Benefits and Data Services Branch, which lists the benefit plans administered by the Branch, the computer systems used, the organization of the Branch, and major projects in the,works as of January 1985. This “profile” is reproduced in Appendix 2 to 3 this award. It will give the reader a good idea of the range of material which the grievors must lmow in order to carry out their work. At our hearings, the parties agreed that we would hear from only one of the grievors, Ms. K. Doyle, and that all the grievors would be bound by our decision concerning the classification of the job as we learned about it from Ms. Doyle. Ms. Doyle was an Operational Standards Clerk from February 1982 until December 1985. She testified about the job in minute detail, and we were provided with sample transaction documents and four volumes from the Policy and Procedures Manual. We heard also from Ms. G. Cheng, who is the grievors’ supervisor, and who has been in this unit since 1977. This’testimony and the hundreds and hundreds of pages of evidence have enabled us to assess the detail and complexity of~the job, and the nature of the decision-making required from the grievors. ‘Before 1981, the grievors were classified as. Clerk 4 General. They grieved this classification in 1981 and, at Stage 2, they were reclassified to Clerk 5 General. The major changes since 1981 have been the introduction of automation,, some new legislation providing for new pensions, and an increasing involvement in system development. Ms. Cheng testified that the full-blown “operational audit” which was envisaged has not yet materialized. However, the grievors are more involved now in correction of problems in the systems, rather than being concerned only with the audit of individual transactions. The vast majority of the grievors’ time is spent checking individual transactions. Ms. Doyle said that less than 15% of her time was spent suggesting system changes. The grievors are all very experienced and capable employees. They need little supervision, and Ms. Cheng’s overview is confined largely to some spot-checking, and assessing the productivity of the unit. A very high percentage of the work (Ms. Cheng suggested 90%) is covered by the Policy and Procedures Manual. The relevant class standards are set out in Appendix 3 (Clerk 5 General) and Appendix 4 (Clerk 6 General) to this award. 4 As with virtually the whole of the Clerk General series, it is necessary to look at each individual standard within the context of the series as a whole to understand the distinctions between the levels, and the shades of meaning to be attached to the words used. At the Clerk 6 level, some employees will be in supervisory positions. The grievors have no supervisory duties, so we will look only at the non- supervisory elements of the Clerk 6 standard. The Clerk 5 does “responsible” clerical work; whereas the 6 does “sp&ialized complex” clerical work. The work of the Clerk 6 “forms a significant part of the administration of the organization concerned”. The work of the Clerk 5 requires “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 for the Clerk 5 involves “judgment in the interpretation and application of policy or administrative directives to problems where the intent of existing instructions is obscure in specific cases” and this “frequently necessitates modifying work processes or the. development of new methods”. For.the Clerk 6, decision-making require? “the analysis of complex problems in specialized clerical fields” and “considerable judgment in the interpretation and application of a wide variety of regulations, statutes or practices”. The Clerk 5 must be able “to evaluate the effectiveness of clerical procedures”, and “to interpret regulations and instructions into procedures and practice”. The Clerk 6 must be able to “initiate and revise procedures”. These standards are very similar. The essential differences between them are the more complex nature of the problems facing the Clerk 6, and the greater demand for initiative from the Clerk 6. Even at the 5 level, the employee is dealing with situations where the written instructions are obscure in specific cases. 5 .; . : 5 In our view, the grievors’ job is well captured by the standard for Clerk 5 General. Their tasks are not particularly “complex” (that is “complicated, involved, intricate”---O$ord English Dictionary). Rather, their work is “detailed”, but by and large it is done according to a clearly prescribed routine. The pension and benefit plans they deal with are firmly established. All that the grievors have to do is ensure that transactions are processed in accordance with these plans---that the necessary documents are there, that the person is eligible, and that the calculations are correct. They deal with a welter of material. Their position is very responsible because for most purposes they are the last defence against error. But they are not involved to a sufficient extent in initiation of change to merit classification as Clerk 6 General. While the grievbrs will identify situations which require 6 clarification of policies and procedures, and may suggest changes, they are not responsible for making significant changes. For these reasons, we dismiss the grievances. Done at London, Ontario, this 2nd day of October ,1987. S. Dunkley, Member G. Peckham, Member 7 APPENDIX 1 I DLc(pf-JSE’OF PO.gT,ON,.&” IJog rurs~qrlrlcr EmsI* IT11C GO~LS~WIC~~~L~ L’c:t ‘. yo examine and verify (audit) the transactaons processed and reports generated by the.; operational and financial sections and, units of the Branch in the provision of payroll semi-s and pemion and insurance .benefits to over lOO,O,QO employees and 26,000 pensianers- as vcll & current ,end ,retired:members. of the Legislaturq, Members of the Executive. -, iXeCUtiVe Compensation .qlao and Members of the Provincial Judges Benefits plan. ?. assist in the identification and resolution of operation,al/procedural problems and-the development of manual snd automated processing systems. 3 SLIWAAFIY OF DUTIES AN0 RESPONSIBILITIES ,,uD~cLIE,~~~~~~.GEo~ r,vrt,e~ourr~*~,~.,~,~*~~rMCtlo~.’ w.CC.lE SCWF. Ecwe.G*1,4www~ co*oIIIous YNUSWL lC.I”RES ETC., 1. ,Verifi.es individual .araployee benefits. ztransactioas for past service options, transfers between pension plans, lump sum benefits,pension allowances, e,tc. by: - ensuring eligibility under the provisions of pension legislation (Public Service Superannuation A c t , Superannuation Adjustment Benefits Act, Legislative Assembl) Retirement Allowance Act, provincial Judges Benefits Plan, Canada Pension Plan) RASP and income tax.regulations, transfer agreements, etc.; with, respect to age, service, prior pension history, etc. . ., .:* - verifying through pre-audit, post audit and random sampling..techoiques the manual computations of arrear assespments, pe.nsionable sbrvice, pension allovances,* lump auk ‘. benefits, etc. or revieving.computerized data used in automatcd.calculations, ;ensuricg correctness of documentation and procedures. - makihg minor corrections to transactions as required, referring more significarit errors, omissions and discrepancies to originating un’it for corrective action by the h supervis,or concerned, consulting with ovn.super,visor on unusual or more difficult problems. : . . . . - maintaining a coaputerired system for the statistical and management reporting qf pension related cases and corrections.required to rectify procedural and computational errors, updating records through an interactive computer terminal. c : .i 2. Verifies accounting and ‘computer update documents prepare~d to generate and report on lump sum and pension allovance and insurance benefits, the chargeback of employers costs snd the ,payout and distribution of all payroll deductions. - reviewing requisition~apayment~to ensure that payments are in accordance with previously verified case transactions and that income tax treatment and accounting codes acre correct. - reviewing and approving other accounting documents concerned vith pension contribution transfers, cheque cancellations, expenditures refunds, interest calculations electronic funds transfers, PSS Board cases, etc. - verifying all computer updates tortlie Pension Payroll System to ensure the correctness of annual payments of over $150,000,000 as vell as deductions, benefits coverages and banking arrangements for pensioners, reviewing monthly consolidated payroll reports for accuracy of accounting reconciliations and dollar allocations. i J 8’ - verifying computations and inputs to update the’ IPPEB system for LTIP pension accruals, arrears collections and correctness of changes and credits of several million dollars annually. - verifying the accuracy of input/output for the Benefits Chargeback and General Ledger System CO assist in ensuring fhaf rhe financial records of pension revenues and disbursements and the chargeback of employers benefits costs are maintained. - checking a variety of other reports and transactions dealing with self billing systems for life, health and dental insurance carriers,. income tax reporting,statistical and production data, etc. to ensure completeness and accuracy. 3. Assists in the identification and resolution of operation/procedural problems and the development of manual and automated processing systems by: - resolving most routine operational problems with the supervisors concerned, consultingL vith and making recommendations to ovn supervisor on more difficult or unusual problems. - attending regular staff meetings to ,reviev,current end projected operational concerns and trends and develop training proposals, procedureal recommendations, etc. -‘partic,ipating~ as ‘a member or leader in manual nor computer systems task fo,rcea to develop improved operational methodologies or to respond to policy and legislation changes such as:’ * a) redevelop and-integrate over a three year period a number of Branch’systems to forw a Corporate Human Resource Information System b) provide pension and other benefits to part time government employees on prorated basis.and part time service options to all pension contributors. . I . .’ . -- participafing in Branch ‘treininglessions as required to introduce new or ‘revised ~oystems, proceduies ,. tic. Comprehensive skills .and several years experience in accounting and audit procedures in a ,.cpoplterized environment. ragnlations. Ability to understand and apply complex legislation and Strong analytical and communication s-o resolve,prdblems .in an, .L_~ iateractive.orgonitition. Good knowledge of Public Service Superannuation Act ‘- Superannuation Adjustment Benefits Act, Legislative Assembly Retirement Allova&., Provincial Judges Benefits Plan, Canada Pension Plan. Group Insurance Plans, RRSP and Income Tax Regulation. i ; APPENDIX 2 PROPILK DfPLOVRlI BRRRPITS ARD DATA SERVICRS BRARCR 9 (DIRRGTOR: R. RVAMS TEL. 54097) The Branch administers the benefit8 program for over 100,000 current and retired full-time employees of the Ontario Government and certain designated Agencies, Boards and Commissions as well as current and retired members of the Legislative Assembly. Effective January 1. 1985 regular part-time and seasonal employees are also provided oith benefits on a basis related .to the terms of employment. The Branch also provides all Government Ministries and some Agencies vith central and comprehensive payroll and attendance administration systems; The Benefit Plans administered are: a) The Public Service Superannuation Fund (PSSF) - value of fund is over 3.5 billion dollars - annual value of transactions is over BOO million dollars - number of contributors is ov$r 76,000 and is expected to rise by several thousand with the addition commencing January 1985 of part-time and seasonal employees - number of pensioners is over 26,000 b) The Superannuation Adjustrat Fund (SAF) - value of fund is over 3.20 million dollars - annual value of transactions is over 110 million dollars - used to provide annual pension increases C) ‘Provincial Judges Benefits PIan (PJBP) -, came into effect July 1, 1984 - provides benefits to active and retired Provincial Judges and their dependents - administered on bshalf of the Provincial Judges Benefits Board d) -.Legislative Assembly Retirewent Allowance Account (LAW) - provides retirement beneEits to retired members of the Legislature and thetr dependents - admintstered on behalf of the Speaker i i 10 - provides basic life insurance for regular full-time, part-time and seasonal employees with premiums paid by employer ‘- provides optional supplementary life and dependent life insurance for regular and part-time employees with premiums paid by employee - provides life insurance coverage for pensioners - provide travel accident insurance paid for by employer f) Long Term Protection (LTIP) - cost shared 05% - 15X by employer and employee - provides a monthly disability benefit of M-2/3% of salary and continuation of pension contributions by employer for regular full-time and part-time employees. , g) Ontario Eealth. Insurance Plan (OHIP) - cost’of premiums for full-time employees paid by the employer. For regular part-time employees the coat will be shared on a pro-rata basis. hl~‘Supplementary Bealth sad Sospital Plan (SHHP) - cost of premiums for full-time and seasonal employees paid by employer (except vision care and hearing aid supplement). For regular part-time employees the cost is shared on a pro-rata basis. - covers most health and hospital costs not covered by OHIP - provides coverage for vision care and hearing aid benefits on an employee/employer cost sharing basis i) Dental Plan - cost of premiume for full-time and seasonal employees paid by employer - cost of premiums for regular part-time employees is shared by employer and employee j) Canada Pension Plan/Unemplo~ot Insurance (CPP/UI) - employee and employer costs collected and remitted monthly io Federal Government The Branch also operates a number of computer systems to provide payroll.. personnel and attendance services to client Hinistrfes and Agencies and meet internal needs. These are: ;.a .ll Iotegrsted Payroll, Personnel amd Employee Beaefits Systems (IPPEBS) - admintster corporate payroll, personnel and benefits systems for more than 80,000 employees - 77 million dollar payroll 26 times ($2 Billion annually) - 400 different reports available; addittonal 1000 ad hoc report requests annually - provide training for client Ministries (30 annually) -~client service annually 19,000 calls, 200 visits - a,dminister Canada Savings Bonds for payroll ($23 million annually) - production of 80,000 Personal Benefits Reports annually - printing and distribution of Payroll’Communications (PC’s) Central Attendance Recording System (CARS) . - 38 monthly reports (provided on six updates per month) for 80,000 employees . .- quarterly statistics produced for Civil Service‘Commissibn used for bargaining negotiations and policy development - provide training for client Ministries - printing and distribution of Attendance Communications (AC’s) Pension Payroll System (PEN/PAY) - administer payroll and information services for over 26,000 PSSF and LAIUA pensioners and dependents - 16 million dollar monthly payroll - more than 2500 pensioners over age 80 - provide escalation of pensions as of January each year - provide data for actuarial evaluation Benefits Chargeback and General Ledger System (BCCL) - automated chargeback to Ministries of over $400 million for the employer’s share oE benefits costs AL ._... ,._.-. I.. ..,._ - \ . -I- -, . 12 - provtsion to Ministries of detailed employer costs for all baaef Its plans - maintenance of general ledger records for over 900 million dollars annually in pension revenues and disbursements C.O. Temporarg Nelp System (Co Temp) - administer Go-Temp payroll - over 5,000 T4’s issued annually - approximately 900 transactions, $200,000 weekly payroll - 20 reports e.g..(U.I.C., New Employees, Billing Reports, Paylists) Service. are organised and provided through the following sections: - Finance and Ad&nistration,(Manager, Joe Sheehan, Tel. 5-1748) -. Planning and Evaluation, Budgets, Porecasts. Accounting Operations, Systems and Controls, Financial Ltatson, Analysts and Reporting.’ Chargeback to Client Ministries and .Agencies, Financial Administration for the PSSF, SAF, PJBP and LARAA pension plans. - fksnefits Services (Manager, Grace Hunt. Tel. S-5657) Pension Options/Transfers, Benefits and Pre-retirement Seminars for Contributors to PSSF/SAF including regular part-time employees and complete Pension and Benefits Service for Retirees and Dependents. Co-ordinstion of .group insurance coverage queries and 1iaiso.n with insurance carriers. - Policy and Executive Benefits (Manager, Basil Cooke, Tel. 5-1709) Advisory end Secretariat Services to Public Service Superannuation Board, Executive Compensation Plan Administration and Counselling, LARM and Provincial Judges Counselling. Liaison vith Civil Service Commission on Policy. - Data Services (Manager.‘Bill Kent, Tel. 5-6541) Computer Operations, Back-up and Data Administration for IPPEBS, CARS, CO-Temp and Other Systems. Co-Ordination of Systems Development Projects and Liaison vith Client Ministries and Agencies. Provides training seminars on ZPPEBS/CAES. Ifajar Profects ,The folloving major multi-year projects have beenestablished to implement new Covernmenc polfcies and legislarion’ approved recently. by Management Board of Cabinet. rvr)rv iPLi e&e.... .-“;1:..L e___ --h;“.~ . . .-. (YProjecc Dtrector, Barbara Speakman, TeL. S-6339) ,! i ., ., . in 1’ 13 Existtng human resource systems (IPPEBS, CARS, etc.) which were developed separately, over a number of years, cannot provide the level of service now required and have become increasingly expensive to maintain. These systems are being redeveloped and integrated over a 38 .’ month period from November 1984 to form the Corporate Human Resource Information System (CHRIS). Staff of the Branch will be involved in supporting this development ae will appropriate staff of all client mitiistries, agencies boards and commissions.. The Systems Branch of the Ministry of Government Services will provide rechnical systems services. The Project Director, repbrcing to the Executive Director, Ruman Resource Services Division, will plan, organise, control and report upon this development project. Other Projects a) Benefits for Regular Part-Tiw Employees Regular part-time government employees (in&ding seasonal employees) oil1 be provided with pension benefits as a result of changes made to The Pu6lic Service Superannuation Act and with other benefits thrdugh changes in pol$cy and collectlie .agreement.. Until now these benefits have been available only to full-tire classified service employees and for this reason extensive changes trust be made in the benefits .admintstration process and in related computer,systems. Several thousand current part-time and seasonal.employees will be affected and because part-time service can now lx recognized for pension purposes a further several thousand current pension contributors vi11 be eligtble to buy back prior part-time service. It is estimated that .this project including the pension.~buy back provisions will take approximately three years to complete. b) Provincial Judges Benefits Plan Provincial Judges have been provided with a separate benefits plan to provide post retirement income as well as other benefits. Although the numbers of ‘active and retired judges and dependents is not large, the plan is complex and applies retroactively to both active and retired members. The Branch will implement the new plan and provide ongoing administration on behalf of the Provincial Judges Benefits Board. e) Ontario Provincial Police Supplerotary Pension Plan The members of the Ontario Provincial Police ate being prdvided effective January 1. 1985, with a Supplementary Pension Benefits Fund. The members will contribute 2% of salary to this Fund and the Government will match these contributions. Th0 Supplementary Fund will permit retirement on full accrued pension from age 50 after 30 years of service; The administration of this BeneEit vi11 require extensive changes to existing computer systems and operational procedures. The short term requirements to pernit rapid implementation and the longer term requirements for ongoing admlniscratlon are being addressed in cooperation with the Xinistry 0F’the Solicitor General. . :: 14 APPENDIX 3 cwxi, GEt&cnL ,-. :SS DfFf::ITIO!I: Wd.. mployees in positions allocated to this class perform res- 2onsible clerical wo:k requiring 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 jc2gment in the interpretation and application of policy or a2ministrative directives to Froblems where the intent of existing instructions is obscure in specific cases.. This frequently necessi- tates modifying work processed or the development of new oethods. Although the work is carried out with a large degree of independence, it.is reviewed for consistency of decision-making. Difficult tech- nical questions, or those involving policy determination are referred to supervisors. Tasks typical of this level include responsibility for a sig- nificant.non-supervisory, clerical , or clerical accounting function involving the interbretation, explanation and application of a phase-~ of departmental legislation or regulations and requiring the ability to make acceptable recommendations or provide functional advice; supervising a group of "journeyman clerks" performing clerical duties of varying complexity or a smaller group engaged in more specialised work by planning, assigning and reviewing work, deciding priorities, maintaining production levels and carrying responsibility for.the ~total perforncnce of the unit. , $?JALIFICATIONS: 1. Grade.12 education, or an equivalent combination of education, training and experience; preferably completion of additional training such as related correspondence and university exten- sion courses: thorough knowledge of office practices and pro- cedares. 2. About six years progressively responsible clerical experience or an equivalent combination of experience and higher education. 3. Ability to evaluate the effectiveness of clerical procedures and staff :perfomance; ability to supervise the work of other employees; ability to interpret regulations and instructions into procedures and'practice; ability to prepare effective car- respondence, instructions and reports. 15 APPENDIX 4 @ploywas in positious allocated to this class perfom spedal- ised complex clerical or subprofcssiousl work which form a signjfi- cant part of t&e administration of the orgaaization concerned. Decision- making requires the snalysis of complex problems in specialised clerical fields oi arise from the supervision of a large staff where the volume, variety snd complexity of the duties ia extensive. Considerable judgment in the interpretation and application qf a wide variety of regulations, statutes or practices is nebessarg to resolve these problems. The vork is reviewed through stsndazdized reporting procedures, principally to assess the contribution made to branch administration/ QUALIFICATIONS: 1. Grade 12 education, or au e&v&lent combination of education and experience; preferably successful completion of exteusion courses or similar traiuing related to the work to be perfond; thorough kuowledge of the techniques of office management. 2. About eight years of responsfble olericsl expel-hence, preferably involving some related administrative responsibilie, or an equiv- alent combination of ,eqerieace sad higher education. 3. Sound judgment; abilitp’to plan, orgauize and co-ordinate’the activ- ities of a relatively large group of subordinates; ability to.init- iate and revise procedures, and supervise the preparation of a variety of reports; ability to promote and amintsin co-operative workiug nla- tiouships .