December 20, 2005
Questions & answers on the new process for dealing
with OPS classification grievances
As part of the recent OPS collective agreement, OPSEU
and the Government of Ontario agreed to a number of measures to deal
more effectively with the ongoing classification problems in the OPSEU
bargaining units.
In a new “letter of understanding,” the parties agreed
to a joint OPS Job Evaluation Project to develop a new job
classification system for the OPS. This project will start in early
2006, with the goal of completing the new classification system before
the end of the current collective agreement. Salary adjustments that may
be required as a result of the new classification system will be dealt
with in the next round of OPS collective bargaining. More information on
the OPS Job Evaluation Project will be provided as the project gets
underway.
The letter of understanding also sets out a process for
dealing with the backlog of current classification grievances. As a
result, the structure of the Joint System Subcommittee (JSSC) committee
has changed, and the parties will now have access to mediation “to
assist in expediting consideration of the outstanding disputes and
resolving them.” The parties also agreed to a moratorium on any new
classification grievances. This moratorium came into effect on the date
of ratification: June 24, 2005.
Here are some answers to OPSEU members’ most common
questions about the JSSC and the new process for dealing with
outstanding OPS classification grievances.
Question: How is the new JSSC process different from
before?
Answer: Previously, the union’s JSSC team included three
OPSEU members who were booked off to work on classification grievances
one week per month. Under the new OPS collective agreement, two OPSEU
members have been booked off full time to work on these grievances. This
will allow us to prepare and present more grievances more quickly.
Under the letter of understanding, the JSSC has a
mandate to deal with all outstanding classification grievances within a
12-month period. The assignment of an outside mediator is intended to
expedite this process and help the parties resolve any disagreements.
Question: Does the appointment of a mediator mean my
classification grievance can now go to the GSB?
Answer: No. Your classification grievance still cannot
go to the Grievance Settlement Board (GSB) for a hearing. The government
has NOT changed the legislation that prevents classification grievances
from being heard at the GSB. The Joint Systems Subcommittee (JSSC)
remains the body that deals with all OPS classification grievances.
While there is still no access to arbitration, the JSSC can now call on
a neutral mediator when difficulties arise in reaching an agreement.
Question: How does the JSSC handle classification
grievances?
Answer: The OPSEU members on the JSSC will present your
grievance - including all the arguments that support the case for
reclassification – to the Employer’s representatives on the committee.
The committee will look at a variety of criteria in
reviewing the grievance. This includes reviewing OPS “class standards”
to identify the “best fit” for your job and the work that you do. The
committee will also look at other job specifications and compare duties
to determine if your work is similar to other jobs in the OPS. When
using the comparator argument, the union needs to show that the
higher/different classification is the classification the Employer
normally uses for the similar jobs. If the classification your job is
being compared to is the exception rather than the norm, it is much more
difficult - and at times impossible - to make a convincing argument.
The Employer representatives on the JSSC will take note
of the information presented by the Union and consult with the
appropriate Ministry Human Resources representative(s).
If more information is required, the OPSEU JSSC
representatives will contact the grievor(s). We may also contact you to
verify any information that the Employer gives us about the grievance or
the work that you do. Because the JSSC is a defined structure, grievors
are represented by the Union’s JSSC team at the committee meetings.
Unlike GSB hearings, members do not attend the JSSC meeting when their
grievance is being presented.
In presenting your grievance, the OPSEU team members
will make sure that all relevant issues and arguments are fully reviewed
before a final determination is made. As noted above, if the union and
employer are not able to agree, they now have access to a third-party
mediator to help reach a resolution.
Question: Why does the committee look at both the
class standards and job specifications?
Answer: A “classification” is a group of jobs with
similar duties that are paid at the same rate. For each classification
there is a “class standard” that includes a generic description of the
duties, responsibilities and skills required for jobs within the
classification. The “position specification” (or job description)
describes the work of a specific position for the employee concerned.
In single position classes, the position specification
will be very similar to the “characteristic duties” set out in the class
standard. However, in classifications that include a number of different
jobs, the class standard will be broader in scope than the position
specification for any one job in that class.
A “best fit” principle is used to determine the proper
classification of a particular job description should fall within. This
involves analyzing the job specification and the organizational
structure in which that job exists and comparing the job to existing
class standards. Where there are similarities with several job classes,
the class standard that is the closest or “best fit” should be used to
determine the job’s classification.
Question: How can I make sure that the committee has
all the necessary information to deal with my classification grievance?
Answer: When the Union team members prepare your
grievance for presentation, they will review the information that you
provided when you submitted your grievance for referral to the JSSC. If
you have not provided adequate supporting documentation (or in some
cases, any documentation at all), a team member will contact you for
additional material or information regarding your classification issue.
If you are part of a multi-incumbent or group grievance,
the OPSEU committee members will not be contacting everyone who
submitted a grievance. Instead, they will contact a few representative
members of the group.
Question: When will I know the decision about my
classification grievance?
Answer: The joint committee, in discussions with the
mediator, has decided that it will not release any committee decisions
until all the outstanding grievances have been dealt with. At the end of
the 12-month period set out in the letter of understanding, the
committee will issue a final report in conjunction with the mediator.
This final report will set out the committee’s decisions on all
outstanding grievances. We expect the report will be ready some time in
the fall of 2006.
Because the committee has decided to issue the results
of all outstanding grievances in one final report, we ask that grievors
please not call for a status update. If you call, we will not be able to
provide any further information on the progress of your grievance. You
will be notified of the outcome of your grievance as soon as the final
report is issued.
Question: I have just found some new information that
was not sent to the JSSC. How can I get it to the committee?
Answer: If you have additional documents or information
to provide that supports your grievance, please send them to the OPSEU
JSSC team at jssc@opseu.org or mail them to JSSC c/o OPSEU, 100 Lesmill
Road, Toronto, ON M3B 3P8. If we need more information or clarification,
we will contact you promptly.
Question: What happens if my work area is
restructured and my job changes significantly? Does the moratorium on
new classification grievances mean that I cannot be reclassified?
Answer: If restructuring occurs and your job duties and
responsibilities change, you should raise the matter with your steward
and your manager. The moratorium is intended to deal with the filing of
classification grievances and is not intended to prevent any necessary
reclassification of jobs. If the content of your job changes
significantly and the Ministry claims they cannot do anything about it
because of the moratorium, you should contact your MERC chair and one of
the Union members on the JSSC.
JSSC Union contacts:
