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HomeMy WebLinkAbout1986-1081.Napper.90-02-02i / 2. zA.2 ONTARIO EMPLOY&SDEU\ COURONNE ,’ cR0wNEf.PL0YE.3 DEL’ONT.wO /’ / GRIEVANCE CQMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 1081/86 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: OPSEU (Napper) Grievor - and - The Crown in Right of Ontario (Ministry of Transportation) Employer Before: For the Grievor: For the Employer: Hearings: T.H. Wilson Vice-Chairperson J. McManus Member D. Olsen Member R. Stephenson Counsel Gowling, Strathy & Henderson Barristers & Solicitors P. Young Counsel Winkler, Filion and Wakely Barristers & Solicitors November 3, 1988 November 4, 1988 DECISION The grievor has the classification of Manual Labourer Premium with the Ministry of Transportation. He grieves that he is improperly classified and should be classified as a Highway Equipment Operator 1. The Union on his behalf relies on a usage test. While the Ministry does not dispute that the grievor does operate Type A highway equipment, from their point of view it is a question of the proportions of time and the class standards. The employer relies on assigned time and not actual hours of equipment operation as determinative. William Napper, the grievor, has been employed with the Ministry since 1981. However, he was on long-term disability between October 1983 and May 1986. His work location is at the Ministry yards at Beaverdams Patrol which is adjacent to Highway 406 in Regional Niagara. His work is road maintenance of Highway 406 and parts of Highways 20 and 58 (in Thorold). At Beaverdams in 1986 there was a Patrol Supervisor, two HE0 3 operators, four HE0 2 operators, a part-time unclassified worker 1, two seasonal student employees and the grievor. The Groups 2 and 3 do night patrol and the supervisor in the wintertime is also on that shift. The yard has the following equipment: a motorized lawn mower, weed eaters, l/2 ton trucks, two ton trucks, a large front end loader, a tractor with sweeper and lawn attachment, five ton c 2 trucks and sign trailers. The grievor works Monday to Friday from 7:30 a.m. until 4:00 p.m. The grievor first does paperwork when he arrives at work. This includes the time sheets on the equipment and the personnel. These are sent every two weeks to payroll. Every couple of days he posts documents on what equipment has been used, what each man has done, times and gasoline. This information is taken from the daily sheets and is coded. ~The grievor also takes care of the stock which is also recorded separately. The grievor testified that the paperwork takes about an hour in the morning. He also is responsible for the payroll sheets which are done every other Friday afternoon and Monday morning. Extra paperwork arises if there is an audit or an inventory. The other staff are assigned work at 8:00 a.m.. They report at 7:30. a.m. and usually check over their vehicles before 8:00 a.m. When the grievor completes his paperwork assignments by 8:30, he then goes out on an assignment with one of the crew. He is told his assignment at the same time as the others. The grievor normally is sent out each day depending on the weather and whether the grass in the yard needs to be cut. The grievor testified that when he leaves on an assignment he would drive if assigned to do so, or if a crew went out to put in flexbeam, any one of the crew might in fact drive. Basically if he was out with a particular group it would normally in the summer be the students. He would take any of the vehicle other than the five ton truck for which a D licence is required. When he takes students out, he tells them what to do, i.e. he F. : 3 supervises them. When doing the garbage, the grievor would drive whenever the rest of the crew are students. The grievor testified that one of the manual workers , Fred Brideau, who retired in 1986, did not possess an Equipment Operators Permit. The grievor worked with him. The grievor is qualified to drive a car or station wagon, l/4 - 1 Ton Panel or Express, a 2 - 4 Ton Dump Truck and Wheeled Tractors with attachments. There is always flexbeam work to do. Any particular sec.tion takes about an hour to do. The grievor can and does operate the roller on hot patching. He also cleans out catch basins and works on lights with the electricians. He drives the sign trailer and pick-up truck. In the period March to September 1986, there was an unclassified HE0 1 in the yard, Cary Fidler; and the grievor worked with him from time to time. They both operated the same types of equipment. The grievor testified that he operated Type A equipment more than 40% of the time possibly 45-50%. Although not certified to use. the compressor under 365 C.F.M., the grievor testified that like everyone else he actually did operate it. Included next is the Position Specification and Class Allocation Form for the Patrol Helper District 4 Hamilton Maintenance Section. . SKILLS AND KNOWLEOGK REDlJIMD TO PERFORM THE W0RKw.r. IO~C*,,O”.~~INI~~.IX~IIII~HEI .TC., Performs a variety of un&iUsd manual taa~~s that require oonsldrrablo I:-. PbysiSal effort by assisting highway workers on routine acmignmeats. ,, ) -1noumbent aloam*'&l&t~; rspairs &de cable, posts and osblai out6 I 1. ',, grass with traotor mover and nots aa,bnow plow helpor in winttm . Salary hots G-5 a plida slnoe lnombent 5. *t l8aat 4ooI of 4 0 yea-• operates Typo A equipment for C. 5 In further support of its position that the grievor does the same work as a highway equipment operator the union called Mark Barrows to testify. He is an HE0 2 operator out of the Beaverdams yards. He testified that it is more common that in the morning a vehicle is not assigned to a specific individual. There are more operators than equipment. He stated that the last into the truck usually drives it. He verified that in the summer of 1986 he and the grievor worked together doing the safety run with a contractor who was cleaning catch basins. He drove a five ton dump truck with an attached set of barrels and a floating arrow sign. The grievor followed behind about l/4 mile with a half ton truck with an attached sign trailer (lighted arrow). This was a three to four week period. Barrows also did the same types of summer activities as the grievor: garbage, hot patching, cold patching, guardrails, sign repair. Sometimes the grievor would drive. Barrows testified that his own work was the same as that of other Highway Equipment Operators. He testified that the grievor operated other type A equipment about the same amount as he did other than the five ton truck. In the winter when it is not snowing, the grievor's activities apart from the paperwork would not differ from his. In the winter when it is not snowing, his tasks and those of the grievors are similar. In examining the Position Specification -for Patrol Operator A-B (Highway Equipment Operator 2) and in particular the section setting out the reason for classification, he stated that "A" best suited his work: 6 "Incumbents are required to operate either: A Type "A" equipment in summer, and Type "B" equipment in winter for at least 40% of the time on Type "B". He added that it would meet 40% in the winter. In the Position Specification for Highway Equipment Operator 1, none of the three options in the equivalent section applied to his work. He testified that in the non-winter months, he operates Type A or B equipment 50-55% of the time. He is as the higher classified person responsible for the snow-plow and is paid higher pay in the winter because of his assignment to the snow -plow. Paul Woodhouse was the Supervisor, Bridge Repair at Winona and in 1986 become the senior Patrol Supervisor at Beaverdams. In his opinion the Position Specification accurately reflects Nappers work. The grievor was not assigned to any Type A equipment during any non-winter months. Having examined the equipment cost sheets made up bi-weekly, daily maintenance reporting records and a posting document, he testified that the grievor in non-winter months spent less than 10% of his time on TYPe "A" equipment. Even in the winter including his time as a wingman on the snow-plow he actually spent less than 10% on Type A equipment. He further testified that the grievor was out with the students in the relevant time period at most only five times. 7 He also stated that a D licence is required to be a highway equipment operator and the grievor does not have that. In cross examination, he agreed that in non-winter months, operators are also not assigned to "A" equipment except on a daily basis when maintenance was required. This was the same situation for, the grievor. The grievor cannot do special assignments involving the use of equipment for which he is not licensed, for example hauling construction material in a five ton truck. So far as other A type equipment, men are qualified by the Ministry as needed. The Ministry adduced evidence on the class standards through James Henderson the Head, Personnel Services for Central Region. He testified with respect to the significance of assigned time as compared with actual time in the Highway Equipment Opera-tar series. Within the series the determination of the level (l-4) is based on (1) the type of equipment operated and (2) the percentage of time assigned to the equipment. The general application within the series relates to assigned time as opposed to actual operating time: the operator is paid for being assigned to the equipment regardless of whether it actually is necessary to operate it. An example is the snow-plow. The 40% represents assignment for the winter season and it has province wide ,application regardless of whether the operator is assigned to for example Kapiskasing or Thorold which have quite different winters. 8 The Union relies on the usage test. Basically it argues that the grievor does the same work as a Highway Equipment Operator. Specifically, the union relied on the test set out in Wallace and Jackson and Ministry of Health (GSB #274/84) at pages l-2 that the test is whether the grievor is doing substantially the same duties as the work being performed by those in the higher classification. With respect to the issue of assigned time as against actual time spent on a job, the Union submitted that while that might be acceptable so far as the original design of the classifications it is not incumbent on the Board in deciding whether the grievor should be reclassified. Given the test of substantially the same duties, actual time should be appropriate rather than assigned time. T.he only equipment operated by Burrows; not.operated by the grievor is the five ton truck alone or with plow attachment. Employees are qualified (i.e. tested) for equipment ,on an as needed basis. Burrows in terms of time operating equipment during non-winter months is only relatively more than the grievor and closer in the winter. In the Class Definition of Manual Labour is set out the stipulation, "May be assigned to operate light powered equipment up to 39% in any one season of the working year." The Union then points out that in the Position Specifications for Patrol Helper, and Premium labourer, it states under Summary of Duties: "NOTE: Operates Type A equipment for at least 40% of time" and under Reasons for classification provides: * . 9 I1 c Salary Note G-5 applies since incumbent operates Type A equipment for at least 40% of the year" Henderson for the Ministry had testified that that discrepancy had been met by the Salary Note. In the Class Salary Schedules General Notes the following definition appears: "A 'Classification Note' or 'Staffing Note' is an approved modification to the salary range attached to a class in accordance with certain conditions as specified in the terms of the Note. The salary range of a position in a class to which a Classification or Staffing Note applies is the salary range as modified by the terms of the Note." The Union Counsel submitted that the salary note is not part of the Class Standard. By way of example he argues that there is no such classification as Manual Worker (Premium). The word premium in the Position Specification in the Box 6 Class Allocation is written in by hand. In the Class Standard for Manual Worker there actually is no such class. Similarly no such class appears in Schedule 4.of Regulation 881 of the Public Service Act wherein are referenced Highway Equipment Operator 1, 2, S.,. 4 and Manual Worker. To explain this, it may be that the Manual Worker (Premium) is an atypical classification, but in the Union Counsel's submission, this is improper. The only classification is Manual Labourer and it says specifically, "up to 39%". The use of a salary note to wedge the position into a classification is in the Union's submission an improper procedure. 10 The specific note referred to is in the Classification and Staffinq Notes in the Class Salary Schedule: G5 Manual Workers who are assigned to operate Type "A" Equipment in one season in each year, for not less than 40% of the year's working time, shall bepaid one rate be.permitted to above each listed rate in the salary range. The modified salary range is as follows: 18608 Manual Worker - Note G5 O/01/87 10.81 11.08 The Ministry submitSthat this classification Note effectively makes the grievor's classification that of a Manual Labourer (Premium) with a salary range between that of a Manual Worker and a Highway Equipment Operator 1. In the Ministry's view the only issue is the 39% vs 40% and that only arises because the grievor is assigned as a wingman in the winter, an assignment that qualifies as Type "A" equipment and raises him to the 40% level. The 1% difference is not "substantially the same duties" so as to indicate he is doing the work of the HEOl. And in fact in terms of actual work, the evidence was that the grievor does less than 10% of Type A equipment. Barrow is rated I_ as a Highway Equipment Operator 2 because he is assigned to the snow -plow. Without that assignment, he would not meet the requirement himself. I want to turn first to the issue of assigned time as against actual time. fin terms of the usage argument, I cannot accept the union's submission that assigned time is not relevant. 11 Even apart from the fact that the assignment aspect relates to some extent to province wide conditions whereas in a moderate climatic area such as Niagara it may seem more hypothetical than real, even there it is obviously relevant to the tasks performed. The Highway Equipment Operator must be available and qualified to operate the equipment as assigned. He must be available to operate the plow (five ton truck) in the winter. It cannot depend on whether the winter is one with a heavy snow fall or a l-3, dry, mild winter. He is able, qualified and on duty to do so. The grievor is not so assigned. Instead he is assigned to the wing which is A equipment. The employer's argument is correct that it is by virtue of that that he reaches the 40% level and that then qualifies him under the salary note to the Premium. The union may be correct that the Salary Note as such does not constitute a separate classification. In that respect it is an atypical classification. But as such it is not per se invalid. Apart from his duties as a wingman which raise:;~ his assigned time up to 40% his duties would apear to be those described in the class standard for Manual Worker. The marginal increase in such Type A Equipment to 40% does not in my opinion so vary his core functions from those described in the Class Standard for Manual Worker as to invalidate his classification. Nor in my opinion does the evidence show that in fact he is doing the same work as the Highway Equipment Operator 1. Indeed he cannot be considered to be doing their work until he has been assigned to do their work as set out in the Class Standard 12 (17250). That has not been shown to be the case. The grievance is dismissed. Dated at Toronto t Thomas H. Wilson, Vice-Chairperson "I dissent" (Dissent to follow) J. McManus, Member D. Olsen, Member 18608 APPENDI@'A MANUAL WORKER CLASS DEFINITION: Employee0 in positions in this class perform a variety of unskilled manual tasks assisting technicians, tradesmen, maintenance, agricultural, highway or forestry workers in routine assignments. In most positions, their duties involve considerable physical effort and arc closely supervised. In some positions their tasks are so repetitive as to receive only general review. In others, they may be training positions for more technical duties. The duties of these positions and their immediate supervision are indicative of the work areas in which they are performcd:- In some positions, in a maintenance area, these employees shovel snd spread coal and operate a conveyor; co llect and burn garbage and refuse md clean and service an incinerator; remove waste at a sewage pumping station and clean water tanks; clean combustion chambers and tubes in a boiler room; remove paint or wallpaper and wash and prepare walls for painting. In other positions, i,’ a supply and construction area, these employees unload and stockpile construction materials; operate hand trucks; shovel gravel and mix mortar; dig and break cement; move tools. machines, equipment. SUpplieS and furniture; erect building forms and scaffolding. In other positions, in a forestry or landscaping area, these employees assist in weeding, hoeing., transplanting, packing and shipping young trees; cutting brush and firewood, trimming trees and clearing underbrush. They may be required to service park comfort stations or occasionally operate a truck or tractor to clear snow or underbrush or pick up and deliver freight. In other positions in an agricultural area, these employees, plant, cultivate and maintain flower gardens, lawns and hedges; feed and, tend animals and poultry; clean cages, barns and equipment; load and deliver milk, food supplies. farm produce etc. In other positions, in a highway maintenance area, these employees dig ditches, clear culverts, shovel snow, sand. gravel, hot and cold bituminous mixes; maintain guide posts by replacing, painting, attaching cables; dig post holes by hand shovel or power -operated post-hole digger; cut and trim trees and grass using power operated chain saw, hand saws, hand or small power operated mowers, scythes. Operate spray bar of tar kettle when road patching or crack filling. May be assigned to operate light powered equipment up to 3270 in any one season of the working year. . . . . . . . 2 1860R -2- MANUAL WORKER - (cont’d) OU ALIFICATIONS: 1. Elementary school education. 2. Some working ucperience with labouring tools. 3 . Ability to follow simple instructions; willingness to co-operate; good physical condition. -l. When operating Department of Highway’s equipment must possess current chauffeur’s license and pass Department operational and safety tests. September 1965 HIGHWAY lQJIPl4EtrI OPERATOR SERIES WNEML l.JfSCRIPTIm OF DWIES: uqployces in these classes operate vehicles ahd equipmont~ in 1 conlruction with the construction, maintenance, snow runoval and patrol of highways and roads serviced by the ltinistry of Transportation and cumunications. They arc assigned to one of four classes in the Highway kqu&mcnt Operator Series based on (11 type of equipmoot operated. (21 percentage of t&c running particular cyuipmcnt. (3) seasonal l ssigmcnts, (41 quslifying tests, and (5) porccntage of time spent on equivalent assigrrPcnts 4s spccificd in this series. operators are required to service and clean equipment, report needs for repairs and they may assist mechanics on repair work. Their work is scheduled daily by project foremen or other supervisory staff but they are required to operate equiptent without -iate supervision. Positions may be in the hinistry's District Offices or in Head Office Branches. EQUIPMkNT: bony pieces of cquipoent used by the Ministry staff are classified into three groups depending on the oomplcxity Of the equipment and the skill requird. of the Operator. In Appendix 1 - l?quimnt List - ~ypc 'A. cquipncnt represents light cquiprwnt, Type 'Y' heavy equipment, and Type "C" heavy and highly specialised oqui-ant. Type "A' is the low&t rated cquipslent, Type '8" the next lo&St, and Type .C' is the highest rated. Refer to Appendix I for equilmP2nt listing md rating. GENERAL -: The nature of the work in this class series. is determined partly by seasonal requirements (e.g. susaer construction and winter maintenance) and the Operators may be assigned to non-opsrating duties for part of the time. The duties in the Class Stirndard arc listed on a seasonal basis to correspond with the Mini%try's activities, and to recognire the variation In dssiqrswnts given to Qerators throughout the yeu. The psrticular duty comhinationa stated are the most CclsDon. . . . . ..ovER 2. 3. 11 M operator runs light equipment in one season and heavy equipocnt in the 0tJaer. ior l c+bined total of 708 of the total vorklng time, as l general rule.he will bs iated l t'the M&u lmvel only if he operatern the heavy equipmbt at leaat 40% of thu total war's vorkinq timer othervisa he will be rated on the buis of the light up&men+. The duties of a wingun are equivalent to operatinp Type .A" equipent. The duties of .usisti.ng the Equijnent Operator Instructor, .uhich may be perforrd by Highway Cquipent Operator 3 or 4, are equivalent to oparatifq Tvpa T' equipant. J I Revised ScpLe&er 1, 1974 APPENDIX 1 - EOUIPMENT LIST Type “A” Equipment ! 1. Suburban, Car or Station Wagon 2. l/4-- 1 ton Panel or Express 3. 2 - 4 ton Dump . 4. Wheeled Tractors with attachment 5. 2 -4tonDumporStakearith attachment 6. 5 - 6 ton Dumpor Stake including 6 ton Tandem 7. Comprersors under 365 C. F. M 8. Power Loaders (Belt Conveyor Type) 9. Asphalt Mixer 25 ton per hr. 10. Concrete Mixer 11. *Hydra Seeder 12. Leaning Wheel Grader (Not Powered) 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Power Loaders Bucket (2 Wheel Drive) *Straw Mulchers Screening Plant *Weed Sprayer (Other than Approved Boom Type) Self-Propelled Rollers 10 Ton and Under (Loaded) Huber, Class 1 Maintainer Bituminous Distributor without ful circulating Spray Bar. 3 ton Truck with one-way Plow -no Wing attachment. 5 - 6 ton Truck with Benkleman Beam Snow and Murkeg Personnel and Supply Carriers .*The operator of these attachments should be classified as Operating Type “A”. equipment. The operator of the truck should be claaaified in accordance with the designated weight of the truck. Type “B” Equipment 1. Low Bed or Semi-Trailer 7. 2. All Wheel Drive Truck w/plow 3- 10 ton and Wing 8. 3. AU Graderr including Class ~2 Huber Maintainer 9. 4. All C rowler Tractors w/attachments 10. 5. Snow Blower (Truck Mounted) 6. 5.- 6 ton Truck w/accessory 11. equipment (Catch Basin Cleaner, Power Sanders, Bituminous Sprayer, Hydro Seeder, Weed Sprayer, etc.) 12. 4 - 6 ton Truck with Plow and either Wing or Power Sander Attachments. 7 - 10 ton Truck Truck Mounted Auger Standard D. H. 0. Zone Striper (Truck Mounted) both gun & Driver Positions Power Loader (Conveyor Type - Self - Propelled) Asphalt Mixer over 25 tonrper her (Appendjx 1 - c Equipment List Cont’d) Typ?e “P” Equipment - Cont’d 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Wrecker Pulvi-Mixer Asphalt Finishers Primary Crushing Unit Steam Generatora Power Broom (Self-Propelled) Self-Propelled Roller (Over 10 tons loaded) Pavement De-Slicker Unit Tree Saver Unit Core Drill 23. 24. 25. 26. 27. 28. 29. 30. 31. Rodder and Cleaner Well Tester Unit Power Loaders, Bucket Types or other attachments 4 wheel drive Wheeled Tractors with Backhoe and Bucket Bituminous Distributor - Full Circulating Spray Bar (used in Mulching and Surface Treating or Priming Operations) Weed Sprayer - Truck Mounted with approved Boom attachmen\ Mud Jack Unit Brush Chipper All trucks, equipped with powered personnel hoisting equipment for aerial work (plattorm, ladder, bucket, etc.) Type “C” Equipment 1. 2. 3. G radall Swing Shovel (Hydraulic or Powered) Yard Crane 4. Comprcrror (75 H. P. or over and (over 15 P. S. I. (365 C. F, M. or over 5. Secondary Crushing Unit Revised January 1970 (2) APPENDIX 2 QUALIFICATIONS -HIGHWAY EQUIPMENT OPERATOR CLASS SERIES 17250 - 17256 The Claee Specifications for the Highway Equipment Operator eerier indicate (a) the combination of duticr which murt be aerigned. in order to determine the appropriate cl8se level and @) come baric qualification8 for entry into each claerification. For inclurion of an incumbent in any clasrification in the Highway Equipment Operator eerier he muat meet those basic qualificationa outlined in the class Specifications and he muat meet the rpecific Unit Tert requirements for the clams level as dercribed later in thic.AFpendix. In addition, incltieion in a l pecific clareification is dependent upon the percentage of time arrigned to operate units of equipment dercribed ae Type “A”. “B” or “0. Specific Unit Teet requirementr muet be met before an employee is areigned to any of there claeeificationr. There requirementr are ae followr: Highway Equipment Operator 1: Murt obtain a qualifying mark in Maintetince and Operational Tertr in at least three of the firat four unite lirted under Type ‘A” on PR-31 Highway Equipment Operator 2: Nominee* for thir claea murt meet one of the following requirements: - b) Must qualify in Maintenance and Operational tests in 8t leant 5 unitr listed under Type “A” ux3 must qualify in Maintenance and Operational. teetr in 3 unite lieted ulYier Type “B”. of tbeee muet be from the firet seven lieted.) (b) Need qualify only in the ndntenance and Operational temt and have a high degree of ekill in the operation of the rpecialized unit of equipment where they are l erigned to operate power graders for a leart 40% of the year’ a ‘working time. (c) Candidate8 who perform the dutiem of a Manual Worker in mummer and who in winter ~(when Operating Type “A” equipment) perform the duties of a night patrolman, muet qualify in Maintenance and Operational teeto on at leaet 3 of the firat 4 unite listed under TYpe “A”. I i -t- Nqmlinc*cs far this class must meet onr of the following rc.c~~~iri.~~lc.~rlr: - (4 Must qualify in Mainten8nce and Opcrrational tests, in al Itrast 5 units listed under Type ‘,‘A” , and must qualify in Maintenance and Op~*ra(ion~I tests in 3 unjts listed under Type “B”. (One of these s be from tllc - first seven listed.) W Where they are assigned to operate one of the specialised units listed below for at least 70% of the year’s working time, they need qualify only in Maintenance and Operational test8 and have a high degree of skill in the operation of the specialised unit of equipment: (1) Tree Saver 0~ (2) Core Drill z (3) Power Grader 0’ (4) Crawler Tractor (cl Candidate8 who are 8ssigned to opsr8te Type “A” equipment in summer 8nd who, in winter (whilst operating Typs “A“ equipment). perform the duties of 8 night Pstrolnun, must qu8llfy in MainteMnCe and Operation81 test* in at least 3 of the first 4 unita listed under Type “A”. Highway Equipment Operator 4 : As noted on the Class Specification, the number of Highway Equipment Operators 4 in each District is limited by 8 complement cst8blished by PRl7 and approved by the Director of Maintenance. Subject to the foregoing. c8ndidates for this classification must attain one of the following standards: (4) As a Specialist Operator must hold a current Department of Labour Certificate of Hoisting Cualification, and pass tests conducted by Head Office Equipment Section on equipment to be operated OR - (b) As the Senior Operator must be qualified in Maintenance and Operational Tests in at Least 6 units listed under Type “A’* and 8 listed under Type VB*l. Five of the latter will be tests conducted by Head Office Equipment Section 8nd ah811 be chosen from those listed under Type “B” OR - (cl When assigned to operate Type “B” in summer and act as a night patrolman for the winter, mumt qualify in Maintenance and Operational tests, in at least 5 units listed under Typs “A”. and must qualify in Maintenance and Operational tests in 3 units listed under Type \*R**. (One of these must be from the first seven listed.) - Special Note : Where reference is made in the foregoing to night patrol duties ; this related to a full-time assignment in winter as a Night Patrolman which will be for a minimum duration of four months. As in the past, assignme.nt as a Wingman in winter will be equated to this equivalent of operating Type ‘A” equipment. General : It should be remembered that all postions are subject to audit by the Civil Service Commission and therefore recommendations must be given serious thought before they are submitted. :, Particular attention should be paid to the preparation of Position Description i.‘~ ’ forms for those Districts who have not yet established a htrol Complement and , are still required to submit these forms in respect of each employee for whom a class change is recommended to the Highway Equipment Operator series or 5:: the class of Manual Worker (Premium). Estimated percentages of time spent ‘: - on each specific piece of equiprtient must be indicated. (This would include time during which the employee is r=sible for, or assigned to,a specific piece of equipment, and it is not Gmited merely to actual hours of operation. ) Contract Equipment Operators will require to be qualified only in operation and maintenance tests of the equipment to which they are assigned. me Equipment Operator rates are not intended to apply to any employee who is assigned to the operation of small handmowers, power aaws. maintenance tar kettles, pumps and similar equipment. These duties are considered to be those of a Manual Worker and such staff will be paid accordingly. In this connection, it is the responsibility of the Branch or District to ensure that up-to-date forms PR-31 (Examiners Report for Equipment Operators) are maintained for all employees. Kcviaed September 1, 1974 *1wwwAr EQUIPruST OPEmAlOR 1 ClAS.5 DEPINITIDN This class includes positions of Highway Equilrmcnt Operators who (Ire assigned to the duties dcscribcd in one of the following work categories: a) Operate Type -A" equipcnent in mmner snd winter at least 70% of the year's working time: b) Operate gyps -A" equipment in summer and act as wingmsn in winter for a total of at least 70* of the yeu’s working time; cl Act as labourer in one season and operate Type “Em in the other season for at least 4Ot of the yeu’s working time. Ability to carry out oral and written instructions without imediate supervision; an aptitude for driving and an acceptable driving record. * RevAd September 1, 1974 (2)