HomeMy WebLinkAbout1985-0583.Garofalo et al.87-03-02 Decision180 Dundas STREET WEST. TORONTO. ONTARIO. M5G 1Z8 -SUITE 2100
Be tween:
Before:
TELEPHONE: 416/598- 0688
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
OPSEU (R. Garofalo, R. Marson,
J. Vognic, J. Adams and D. Schultz)
and
THE CROWN IN RIGHT OF ONTARIO
(Ministry of Community and Social Services)
Prof. R. J. Roberts, Vice-chairman
I. Freedman, Member
A. G. Stapleton, Member
For the Grievor: T. Hadwcn,
Counsc 1,
Cavalluzzo, Hayes & Lennon
Barristers and Solicitors
For the Employer: C. Slater,
Solicitor,
Legal Services Branch
Ministry of Community and Social Services
Grievors
Employer
Hear ines:
July 31, 1986
August 5, 1986
DECISION
2.
This is a classification case. The grievors, who were
in the classification of Clerical Stenographer 3, claimed the
higher classification of Clerical Stenographer 4.
which follow, it is concluded that the grievors were properly
For reasons
classified at the level of Clerical Stenographer 3; however,
by virtue of certain additional responsibilities which were
placed upon the grievors during the implementation of new systems
relating to the Young Offenders Act, they temporarily were
required to perform work at the Clerk Stenographer 4 level.
By agreement, the parties combined five grievances
for determination in the present proceeding.
it was agreed that the evidence of one of the grievors, Ms.
D. Schultz, would be taken as representative of the duties
and responsibilities of the others. Ms. Schultz testified
that she was employed at the Etobicoke Branch of the Young
Offenders Probation Office. This office was supervised by
Mr. R. Partridge, and its complement of employees included
five Probation Officers, four other staff who dealt with certain
special programs, and two Clerk Stenographers.
In addition,
Ms. Schultz testified that generally, her job involved
providing stenographic and typing services for the Probation
Officers and her Supervisor,
reception duties. Ms. Schultz explained that when new cases
and performing clerical and
3.
for them. This involved recording information in a number
of documents, including a Record of Supervision,
a Probation
Officer's report, the Case Register belonging to the Probation
Officer responsible for the new client, and the Case Analysis
List. In addition, she explained, it was up to her and her
co-worker to update these sets of documents if the client went
back to court, transferred out of town or the file was terminated.
Ms. Schultz also stated that at the end of each month
she
was required to prepare a Workload Analysis. This
required, obtaining information from her Supervisor, the
Case Registers for all of the Probation Officers, and other
employees who were responsible for co-ordinating other programs
Once she obtained this information, the grievor explained,
she performed certain calculations and then the analysis went
to her Supervisor for signature.
Another document that the grievor testified she produced
was a monthly report called the Foster Spread. This was a document
which indicated which clients were in a foster or group home,
how many days they
were there and what the per diem charge
was. The grievor stated that it was necessary to check her
work carefully to ensure that all charge-backs had been made.
A charge-back, she explained, involved transferring of the
cost of care to the budget of another office if the latter
was responsible for the custody. etc. of the client. Once
4.
entire package was sent to her Supervisor, Mr. Partridge,
for signature. She added that it was not the easiest job
to
do.
The grievor also testified that at the time of the
grievance she was responsible for the petty cash fund of !the
office. This was a sum which ranged from $100.00 to $150.00
and was used to cover expenditures for sundry office supplies,
bus tickets and subway tokens. The grievor stated that she
submitted receipts for these expenditures to an Administrative
Clerk who worked out of another office and the latter would
make out a cheque. Ms. Schultz stated that she then would
cash the cheque and put the money back into the fund. All
transactions, she added, were recorded on a ledger which she
maintained.
The grievor also stated that she had other respbnsibilities
with respect to cash. Some Officers, she explained, worked
on weekends and were required to make expenditures for which
regular funds would not be available. These were taken out
of a separate petty cash fund, and when the Officers gave the
grievor the receipts, she would obtain reimbursement from the
Administrative Clerk as previously explained.
Ms. Schultz added that she also was responsible for
I
5.
made regarding their clients, and in addition had to verify I
invoices for photocopies, long distance telephone calls and
any publications ordered by the Supervisor. i
I sible for Ms. Schultz went on to say that she was respon
control of the inventory in the office. She stated that
a purchase was made, it was up to her to tag the item, i
it and notify the persons in charge of controlling ass
Every six months, Ms. Schultz explained, the office rece
an updated list of assets in the office. It was up to h
check everything against this list and then present it t
Supervisor for signature.
Ms. Schultz also testified to her responsibili
in training temporary and new staff. She stated that it
left up to her and her fellow Clerk Stenographer to show
employees what to do, including training them in setting
up for typing, and responding to telephone inquiries.
M
stated that she was assisted by temporary help quite oft
always was left on her own to train and instruct them.
added that
on two or three occasions, she was asked by he
visor to advise him whether she thought that the temporary
employee ought to be kept or, perhaps, replaced with ano
from the same agency. Ms. Schultz further testified tha
same held true with respect to new permanent staff, that
was left up to her to train the new employee. The sole
if
entify
its
ved
r to
her
ies
is
temporary
documents
Schultz
n and
he
Super-
her
the
it
nput
6.
of her Supervisor, she stated, consisted of the occasiona
inquiry into how things
were going.
Ms. Schultz stated that about 45% of her time w
spent in typing. This included typing letters, memos, re
for her Supervisor and pre-disposition reports for Probat
Officers. The latter, she explained, was a written repor
the Officer for the information of court.
With respect to the receptionist
services that
provided, Ms. Schultz stated that she acted as a receptio:
for clients coming in to report to their Probation Office.
She remarked that while there
were not too many problems w
S
orts
on
from
he
ist
s
i th
them, they could get noisy if they were kept waiting too ong.
If they happened to have brought friends with them, she said
the situation could turn into a party with portable radio
so sometimes it was necessary to ask the friends to leave.
In her capacity as receptionist, the grievor added, she also
received telephone
calls from parents, clients, agencies, and
other Probation Officers. Occasionally, there would be c lls
from the police asking if a certain person was on probati n.
In those circumstances, the grievor stated, she would check
and call back with a yes or no answer but would not give out
l
i
any further information over the telephone. Social
she stated, also called wanting information
job to make sure that the right person got the message.
did not give out any information over the telephone other
to confirm to the police that a particular child was on
She
than
pro-
8.
One of the problems that she faced, Ms. Schultz t
fied, was in figuring out how to code the input for the com
ized Young Offenders Act system. The manual that she was
initially provided was of little assistance. Moreover, muc
of the information that she was expected to place on the ne
forms was unavailable because the source documents that she
had to use were improperly filled out. She stated that add
information as to the nature of the offence and the section
number of the Young Offenders Act, would be missing or inco
She had to keep sending the forms back. It took a full yea
Ms. Schultz stated, before things got straightened out.
Moreover, Ms. Schultz said, when the Young Offen
Act came into force it became necessary to re-register all
on a computerized tracking system called the Child Advocacy
Information System (CAIS). According to the witness, this w
required six months into the Young Offenders Act. Ms. Schul
stated that she and her co-worker questioned it but were tol
that it had to be done.
Ms. Schultz further testified that after the Young
Offenders Act was implemented, the forms that she filled out
to open files were sent off to the computer centre. The You
Offenders Act people would then give the forms back, marked
right or wrong, along with a computerized sheet. She stated
ti-
ter-
sses,
ect.
ers
ients
;
!
9.
knew what to do with them.
a filing cabinet.
file them alphabetically and place in the file of each client
when it was terminated. In addition, they were instructed
to check the form for correctness because if it was incorrect,
Initially, they
were piled up in
Later, she and her co-worker were told to
it would not correlate on the computer in future transactions.
These instructions, Ms. Schultz stated, were not given until
a year after the office started to receive the documents.
I
Then, in April 1986, Ms. Schultz stated, management
asked her and her co-worker to check to be sure that the Master
Client Information Cards (CIC's) in the office matched up with
,these computer sheets.
get that straightened around.
It took a few months, she stated, to
The sole witness to testify on behalf of the Mini try
was Mr. R. Partridge, the Supervisor of Probation and Commu ity
Services at the Etobicoke Office. He stated that his offic
provided all services to young offenders ordered by the court
in Etobicoke. To qualify, he added, the clients must have
committed their offences between their 12th and 16th birthdays.
P
I
He stated that the court provided the office with the type
of order that the young person must comply with, and his Officers
in turn served the clients and their families with counsell ng,
i
etc. directed toward keeping young offenders out of the court
preceeded the grievance. In this document, he attempted to
describe the job held by Ms. Schultz and the other Clerk
in the Office. This description was as follows:
CLERICAL STENOGRAPHER
typing and proof-reading for accuracy, reports and other doc ents
(eg. Pre-Disposition Reports, court documents, and reports r lated to
probationers, youth in custody and training school wards ; d stributing
as required;
i photocopying as required.
2. Provides clerical and reception services by performing such asks as:-
Steno
Under general supervision to provide reception, clerical,
typing services to Probation Officers, supervising Probation
Off
probation programs (eg. Volunteers, Community Service and
prject
D.A.R.E. and other programs) in the Etobicoke Probation
stenographic and
lcer, and
Compersation,
and Community
1. Provides stenographic and typing services by performing such
taking dictation by shorthand and dlctaphone, and transcribing
variety of correspondence, reports, and other materials;
composing and typing routine letters from verbal
or written
tasks as
by typing a
instructions
answering telephone; receiving visitors and clients; providi
information
arranging appointments, as requested by staff members; making
directed, to give or obtain information;
recording and checklng all long distance calls made in the
opening sorting date stamping and reading, as required,
attaching previous correspondence and files to incoming mail
---L mat
ng general
calls, as
olfice:
incoming mail;
and
tters to the
11.
setting new CJSCS which includes: recording intake; completing and
distributing, as required client information card; completing forms fo
provincial tracking and YOA systems; completing and typing record of
supervision sheet, case register, case analysis form, facesheet for fie
notebook and other documents as required ensuring all documents are
accord ng to establ ished procedure
preparing and typing travel expense claims;
obtaining, from case register, current active caseload by category
(ie. custody, wardship, probation, male, female) and completing monthly
statistical report;
keeping files current by monitoring reports due and filing material,
as required; looking up files and correspondence, as required; updating
client information cards ;
coding forms for input to YOA Interim Statistical System by obtaining da
from YOA Interim System User‘s Manual, court orders, client information
existing
files; checking computer printouts for accuracy; correcting
discrepancies;
receiving Personal Attendance Register from staff members; preparing and
forwarding monthly attendance records to Accounts Branch; checking quarte
Attendance Credit Report for accuracy; correcting discrepancies;
completing and forwarding time sheets for unclassified staff to Accounts
checking inventory level of office supplies, typing requisitions to reple
stock and submitting to Supervisor for approval; confirming receipt
of
supplies upon delivery;
receiving receipts from staff members for local purchases made; reimbursi
staff members from petty cash account; submitting receipts to Administrat
Services Clerk in order to replenish petty cash fund;
maintaining in-house I informat ion I i ling and YOA records destruction syste
completing monthly Foster Home Report by obtaining basic data i.e. name o
youth, file number, where placed, etc.) on placements from Probation Offic
entering information on Foster Home Report and submitting to Supervisor fo
approval
:i1
rd
Y
anch;
sh
s
s rs
5% 3. Performs other auxiliary dutles such as:-
providing training and assistance to new clerk steno and temporary
clerical staff, as required;
as assigned.
and
organizational skills. Initiative. Tact. Good judgement. Aptitude
figures.
with the Juvenile Justice System.
willingness to learn terminology and general procedures associated
Skills and Knowledge:
Successful completion
of Civil Service Commission typing, shorthand and
dictaphone tests.
Demonstrated abilitiy to compose correspondence, deal effectively with me
of the public, and work with minimum of supervrslon. Good communication
Several years clerical, stenographic and typlng experie
for
ce
rs
the foregoing document constituted his attempt to describe
grievor’s job. He agreed that in order to do this job
an employee needed the ability to deal with the public
work with a minimum of supervision. He stated that the
must have good communication and organizational skills,
have a degree of initiative.
he stated, to deal with fellow employees, the Supervisor
An employee also needed
the
properly,
and to
employee
and
tact
and
Upon cross-examination, Mr. Partridge agreed t at
in terms of what to tell the public and what to refer to
person, etc. Part of this exercise, he stated, would be
what
for
13
the judge's order, the endorsement, consent forms, and i
form which would provide additional information on the
family. Mr. Partridge stated that he reviewed all of th
documents to ensure that they were accurate with no mist
He also would ensure that the order was legal and then h
decide which Probation Officer should be responsible for
the client. Once he made this decision, he stated, he w
pass the package on to the Clerk Stenographer, Her resp
something. Mr. Partridge also agreed that an employee
received the Case Analysis form at the end of each month
responsible for its completeness. He said that the vast
of information upon that form would have come from the
Information Cards, with additional information from other
such as "face" sheets or verbal advice from a Probation
the job of Clerk Stenographer should have an aptitude f
were
majority
Client
sources
Officer.
figures.
olding
r
Mr.
as
fills
hed
he intake
lient Is
ese
akes
e would
supervising
ould
onsibility,
place
As to the monthly forms that the grievor had o fill
who out, Mr. Partridge stated that the Probation Officers,
A
4.
Upon cross-examination, Mr. Partridge agreed that some C1 ent
Information Cards would have gaps in the information tha
to be filled in. These gaps could include, he said, ide
of the offences committed, number of counts, whether the
was a summary conviction or indictable offence or the
and end dates of the probationary period. As to the lat
he said, the Clerk Stenogragher would know it from the Pr
Order which was included with the documents. Again, how
he conceded that sometimes the order did not clearly ind
the start and termination dates for probation, and accor
had to be interpreted. He also agreed that on occasion
come to the attention of the Clerk Stenographer that a P
Officer had been assigned to a youth who was not in the
served by the Office. When this occurred, he stated, th
Stenographers brought this to his attention.
As to the "face" sheets used by Probation Offi
Mr. Partridge stated that the information on them came fro
the Client Information Card and the Probation Order. Th
primarily comprise information about the "family constel
of the client. He agreed that a lot of this information
not available on the Client Information Card but had to be
gathered by the Clerk Stenographers from the court intake
documents.
A
15
Foster Spread, Mr. Partridge stated that this was a mo
report authorizing payment for any placements for which
Office was responsible. He stated that the Clerk Steno
would send each Probation Officer the previous month's
and request them to update it with any changes. Upon r
of these updated forms, the Clerk Stenographer would co
them and give the document to him. He then would go
it to be sure that all clients were included and that t
were correct. This was important, he stated, because t
were worth a considerable amount of money each month.
at the
Upon cross-examination, Mr. Partridge indicat
ime of the grievance the Clerk Stenographers mi
possessed much more responsibility with respect to the
spread. He stated that currently, he examined it much I
closely. This was because certain mistakes which had be
by Probation Officers were brought to his attention by t
Stenographers and these mistakes created expensive prob
He said that this was an example of initiative and good
ment exercised by the Clerk Stenographers. A lot of stu
he said, had been left out of the rough material by the
Officers.
Mr. Partridge also indicated that the Foster s
was the source document for something called the QAB for
thly
his
rapher
eport
ceipt
bine
trough
e payments
e payments
d that
ht have
ster
ore
n make
e Clerk
ms.
udg-
f,
roba ti on
read
He said that he had worked together with the grievors o
It was always a task, he stated, to make sure it was co
It took a lot of care and a lot of attention to detail,
Turning to Ms. Schultz' financial responsibilities
Partridge indicated that
it was necessary for him to di
Ms. Schultz to buy items out of petty cash and that whe
Administrative Clerk issued a cheque to reimburse the p
cash fund, it went to him and then he gave it to Ms. Sc
As to the monitoring of attendance, Mr. Partr
testified that the Probation Officers filled out attend
forms which went to him. It was up to him to check the
investigate discrepancies. It was only then, he stated
the Attendance Forms would go back to Ms. Schultz for p
of payroll. Ms. Schultz, he said, was responsible for o
attendance forms from contract employees and sending cu
to him so that he could sign them and have them submitte
payroll.
Ms. Schultz, he agreed, was responsible for al
assets and supplies in the office. She was responsible,
stated, to monitor the supplies and re-order when necess
filling out the appropriate forms for him to sign. It a
to Ms. Schultz, he stated, to check to ensure that the C
16.
it.
rect.
Mr.
ect
the
tty
ultz
ge
n ce
and
that
rposes
obtaining
f
orms
to
moveable
he
ry
so was up
fice
17.
Mr. Partridge also agreed that the Clerk Stenog
were given wide responsibility to train new and temporary
He stated that the Clerk Stenographers provided all of th
in office procedures. His participation, he stated, was
to asking if they had further questions and providing the
a broader picture of the function of the Office, e.g., ta
them to court, telling them what group homes were in the
nature of the service which was provided by the Office.
emphasized that the Clerk Stenographers functioned
as the
end" of the system.
Mr. Partridge stated that when the grievances i
proceeding were filed the amount of change that was going
in the Office
was "incredible". There were changes in te
and the old procedures manual became obsolete. He added,
all had to wrestle with it". :It was not so much that the
changed, Mr. Partridge stated, it was that the terminolog
did. For all of March and April of 1985, he said, the only
in the Office with any training in the new system
was Ms.
By the end of April he and the other Clerk Stenographer h
received training.
Mr. Partridge stated that the Young Offenders A
forms were totally new forms. Previously, there had been
which had required similar information, but the format wa
totally new There had been nothing like that before. H
aphers
staff.
training
limited
with
ing
recise
e
front-
this
on
minology
'we
system
me
Schultz.
d
:orms
said that it was left up to the Clerk Stenographers to
a case, once it was opened, on the Young Offenders Act
The registration and discussion of whatever information
needed, he said, was largely done on their own. The sa
true with correcting errors, etc.
18.
nter
'stern.
as
was
Mr. Partridge added that until early 1986, his
did not do anything with respect to discrepancies betwee
printouts and the
gaster forms in the Office. He stated
the Clerk Stenographers would do a bit of detective work
garding
errors, e.g., by calling the Input Clerk and
why, but that the Office did
not use the computerized
very much. He emphasized, though, that the tracking down
such errors was definitely the responsibility of the Cler
Stenographers.
The class standard for Clerical Stenographer 3 r
as follows:
Clerical stenographer 3
This class covers positions of employees who take dictation in
shorthand or speed-writing ard/or dictaphone and transcribe letters, memoranda reports and other material and perform varied sed-routine
clerical tasks according to approved procedures or special instructions.
They are responsible for Mependent completion of somewhat complex cleri
work performed according to established precedents involving contact with
other departments or the public through correspondence composed
themselves. They are, however, required to refer doubtful matters not
covered by precedents to their superiors. In some positions, they train
and supervise a small subordinate staff in routine clerical, stenographic
and typing duties.
much of the work of employees in these positions is reviewed only
periodically principally for adherence to' policy and procedures Errors
f
ads
L
They prepare reports, simple statements and memoranda' requiring
judgement in the selection and presentation of data'.
responsible for following up errors or ommissions review and verify a
variety of documents to ensure conformity with established regulations
and practices In other positions,' they periodically summarize and
balance entries to original records, investigating discrepancies and
making needed Corrections.
They, being
skills and KNOWLEDGE:
Initiative in organizing and completing work assignments; good
knowledge of statutes and regulations pertaining to work assignments;
ability to direct the work of others
It can be seen that positions falling within this class E
require the exercise of little in the way of independ
judgment. Responsibilities are Carried out according to
established precedents with doubtful matters not covered
precedents, referred
to supervisors.
The class standard for Clerical Stenographer 4
as follows:
clerical STENOGRAPHER 4
This class covers positions of employees who take dictation in
shorthand or speed-writing, and/or dictaohone, but are mainly involved in
the performance of various clerical or administrative tasks of a
responsible nature requiring considerable knowledge of the operations and
procedures of the organizational unit. They make decisions which entail
the exercise of some independent judgement based on a good understanding
of specific statutes and regulations
These employees initiate correspondence concerning their work and
may interpret the general instructions of their superiors into detailed
procedures to be followed.
Although they refer questions involving interpretation of policy to
their superiors, these employees normally receive specific instruction
only in unusual or special problems. Host of the work is performed under
conditions which permit little opportunity for direct supervision by othe
19.
andard
nt
Y
eads
20.
Good knowledge of statutes and regulations related to the work
ability to supervise the work of subordinates; good knowledge of o
methods and procedures.
In other cases, employees in these positions prepare or evalua
assess and correct a variety of statements, applications, records
material by checking for completeness, and conformity with specific
statutes, rules. regulations, administrative orders and practices.
may authorize adjustments, determine eligibility and make recommen
regarding the financial payment or other appropriate action Disc
of errors in their work would lead to the embarrassment of superior
could result in monetary loss.
Positions falling within this standard allow for the exer
dent
standards
on
)
:s.
of some independent judgment. The power to make indepen
work decisions is reserved to those in the higher class
for Clerical Stenographer 5.
Comparing these two class standards in Re: Hil
and Ministry of Education (1985), G.S.B. #535/84 (Robert
this Board said:
Further, there appear to be three ... distinctive characteristics of the
job duties assigned to ... [the Clerical
Stenographer 31 classification. The
Clerical tasks are semi-routine in nature
and performed according to approved pro-
cedures or special .instructions. The
decisions that the employee is required
to make are made according to established
precedents. As to correspondence, these
employees do not initiate it; rather they
only compose it in preparing responses to
initiatives of others. ... [The classification
of Clerical Stenographer 41 also appears to
be possessed of three distinctive characteristi
nd
They
ations
very
and
fice
cise
21.
independent judgment is permitted to be exercised
in making decisions. As to correspondence,
employees have authority to initiate matters
not simply respond to initiatives of others.
Comparison of these
two class standards leads
the conclusion that. the difference between is
marked by two essential characteristics.
the shift from class 3 to 4 is accompanied by
progressively declining emphasis upon dicta-
typing skills. Secondly, the shift also is
marked by a progressive increase in the degree
of independent authority or responsibility
by the employee. Id. at pp. 11-13.
Firs':,
By far the most significant of these shifts would seem to
the progressive increase in degree of independent authority
the employee. In this regard
see Re Sullivan and Ministry
Correctional Services (1984), G.S.B. 261/84 (Verity), at
these
and
to
i.
exercised
be
permitted
of
p.
As required by the classification, the grievors
provided clerical and stenographic services and performed
fell upon the shoulders of the grievors
in the period of
which followed the introduction of the Young Offenders Act
its corresponding system, we must conclude that the grievors
were properly classified in the classification of Clerical
Stenographer 3. In fact, it might be said that this
cation was almost "tailor-made" for the positions occupied
confusion
and
classifi-
by
telephone calls, dealing with the mail, setting up new fil
preparing and typing
travel expense claims. They performed
as called for by the class standard, somewhat complex cler
work, including preparation of the Foster Spread and the Q
form. The grievors also, as set forth in the class stand;
trained new staff and temporary help
in routine clerical i
other duties.
There
was no indication, however, that apart frc
the period of disruption which followed the introduction C
the Young Of fenders Act, the grievors were required to mak
any decisions entailing the exercise of "some independent
as called for in the class standard for Clerical Stenograp
4. The evidence indicated that: all the functions perfermed
by the grievors
were covered by established procedures and
doubtful
matters were referred to their supervisors.
So, for example, it was not Ms. Schultz who deci
whether
a temporary employee ought to be retained; it was
Supervisor, Mr. Partridge. Similarily with respect to Ms
Schultz' receptionist duties, there seemed to be little in
way of independent judgment to be exercised in determining
officer would be the right one to get the message or what
of response
to give someone who called to enquire about a
client. It must be concluded by the Board that there simp
es and
d
ical
AB
rd ,
id
n
E
judgement “
her
d
that
ded
her
the
which
ind
ertain
Y
a
As to the period of disruption which followed
introduction of the Young Offenders Act, in early April,
the Board
is led to a different conclusion. We find that
time, the grievors were thrust into a situation which
them to make the kind of decisions called for by the class
standard for Clerical Stenographer 4. The grievors,
to Mr. Partridge, had to "wrestle with" complete changes
terminology and procedures. The forms for registering a
were totally new. It was up to the Clerk Stenographers,
largely on their own,
to interpret and register the
which was called for. They had to follow up on their own
performing
as Mr. Partridge stated, their own detective
There
were no precedents to refer to and, it seems from
evidence, it would have been pointless to attempt to refer
matters to their superiors. There is no doubt that in
with this situation, the grievors were performing work at
Clerical Stenographer 4 level.
I the exercise of some independent judgment." Accordingly
the
1985,
at that
required
according
in
case
working
information
errors,
work
the
doubtful
dealing
the
we find that they were properly classified at the level f
Clerical Stenographer 3.
I
for about one year but on this point, the Board does not have
h
DATED at London, Ontario, this 2nd day of March
Accordingly, our award must be that during the
of the disruption, which commenced in April, 1985, the gr
were performing work at the level of Clerical Stenographer
The grievors will each have a claim for the difference in
which they would have received if they had been paid at
t
level. They will not, however, be entitled to claim retro
activity to the date of implementation of the Young Offend
Act. As is usually the case, retroactivity will be limit
the time limits for filing grievances which are set forth
Article 27 of the Collective Agreement.
The matter is remitted to the parties for purpo
of allowing them to investigate and agree upon the amount
compensation due to each grievor. The Board will remain s
of the matter pending this determination. Of course the g
will be entitled to interest calculated according to the u
formula applied by this Board.
1987.
I. Freedman, Member
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