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HomeMy WebLinkAbout1990-0925.Cunningham et al.92-01-09IN TRE UATTEB OF AN ARBITRATION Under TRR CROWN EMPLOYEES COLLRCTIW BARGAINING ACT Before TEE GRIRVANCE SETTLEMENT BOARD BEFORE: FOR TRE GRIEVOA OPSRtl ~(Cunningham et al) - and - Grievor The Crown in Right of Ontario (Metro Toror?to.Housing Authority) Employer M. Gorsky Vice-Chairperson G. Majesky Member D. Clark Member C. Dassios Counsel Gowling, Strathy & Henderson Barristers & Solicitors FOR THE C. Osborne EMPLOYER Counsel Fraser & Beatty Baristers & Solicitors BEARING July.29, 1991 1 ’ D.ECISION. All of the Grievors are employed by the Metropolitan Toronto Housing Authority ("MTHA") as Inspectors and ~Contract Administrators, and are classified as Services Officer 1 (atypical). A copy of the class standard for Services Supervisor 1, which is the standard for Services Officer 1, is annexed as Appendix "A". The Grievors, Cunningham, Ali, Cobden, Convery, Garino, Goddin, Szanmosi, Tung, Mortensen and Ferracane, are or were Construction Inspector and Contract Administrators.. A copy of their Position Specification is annexed hereto as Appendix "8". The Grievors, Gunton, Sullivan, Tam and Legault are employed as Electrical/Mechanical Inspector and Contract Administrators. A copy of their Position Specification is annexed hereto as Appendix "C". The Grievors, Brown and Raso are employed as Painting Inspector and Contract Administrators. A copy of their Position Specification, is annexed hereto as Appendix "D". The Grievors claim that their positions are improperly classified, alleging that their duties and responsibilities, and the high level of independent judgement and accountability : 2 required of~them, exceed the requirements of the Class Standard for Services Officer 1. The parties agree that the job ~description contained in the Position Specification,and Class Allocation forms (Appendices 8, C and D) are substantially accurate. It was also'agreed that the job description for the Painting Inspectors include the.fo llowing duties and ~responsibilities: (a) They provide actual budgetary forecasts for expenditures for a five-year period and annually review costs in relation to that budget; .(b) They are required to progressively update the spec,ifications they use and to test and examine new products and materials as they become available on the market. The parties differed with. respect to whether there were. certain other additional duties and responsibilities which should be added to the description forthe Painting Inspe~ctors: (a) The position of the Union was that they provide liaison and ultimate final satisfaction of tenant claims against contractors. The position of the Employer was that while the Painting Inspectors provide liaison between tenants and contractors, they do not provide ultimate satisfaction. / 3 (b) The position of the Union was that the Painting Inspectors are required to stay within five percent of their budget. The position of the Employer was that the Painting Inspectors were not accountable for the budget. (c) The position of the Union was that th,e Painting Inspectors were required to teach site staff how to complete painting work and how to recognise different materials. The position of the Employer was that these Grievors are merely resource persons who may be requested to provide advice and assistance to site staff, but do not instruct staff. (d) The position of the Union was that these employees are required to reconcile all over-payments .or.duplications made to contractors< The position of the Employer was that these employees are not required to monitor or reconcile over- payments. (e) The position of the Union was that thtese employees are required to update monthly turnover reports. The Employer agreed that this was the case but staited that this function took approximately five minutes to perform once a month. (f) The position of the Union was that these employees are required to provide suitable storage space on site for ensuring that hazardous supplies and equipment are properly I 4'. handled and stored. The Employer disputed this allegation. I The Union took the position that the Services Officer 1 class standard does not properly describe the duties of the position of any of the Grievers relying on the following facts: (a) None of the Grievors work for the Ministry of Government Services. The Employer agreed with this fact. (b) None of the.Grievors "arrange, inspect, and supervise the I installation and repair of either electrical or mechanical systems and equipment." The.Construction Inspectors administer contracts and conduct inspections regarding . brick-laying, carpentry, sheet metal, roofing and g'lass for MTHA projects. The Painting Contract Administrators administrate contracts and conduct inspections regarding painting for MTHA projects. The Electrical/Mechanical Inspectors administercontracts and conduct inspections relating to both electrical and mechanical aspects of MTHA projects. The Employer admitted these facts. Cc) None of the Grievers assign work directly to foremen or.to day labour forces; they deal directly with contractors %carrying out work for MTHA. These facts were admitted by the Employer. (dl None of the Grievors prepare annual budget estimates. The position of the Employer was that the Painting Contract administrators did prepare annual budget estimates. It was the further position of the Union that skill in the electrical trade does not imply skill in the mechanical trade and that the opposite is true. It was also submitted that skill in the painting, carpentry, bricklaying, sheet metal, roofing or glass trades does not imply skill in either electr ical or mechanical trades. It was the position of the Employer, in responding to the allegations made on behalf of the Grievers;, that the classification of the Grievors -reflects an appropriate use of an atypical allocation because their classification as Services Officers 1 fairly represents the nature and scope of the skill, knowledge and accountability of the work done by the Grievors. The use of the atypical allocation in the classification of the Grievors is said to recognise that the' class standard of the Services Supervisor 1 does not fit exactly with all aspects of the work done by the Grievors. The Employer submitted that a class standard is designed to apply to a great number of jobs and is not intended to narrowly describe the precise work done by an individual incumbent as a job description would do. It is said to represent a general category into which many different jobs with variations in job duties would fall. The Employer therefore 6 submitted that the Grievors ~were all properly classified as Services Supervisor 1 (atypical,) and that the grievances should be denied. .The Union requested the making of a w order that the Grievors' positions be reclass<fied retroactive to twenty~days before the date of their grievances and that they be compensated for all lost wages, benefits and interest, such reclassification to be completed within ninety'days of the Board's decision. The parties agreed, in the event that the Union is successful, that the Board remain seized with respect to the implementation of any remedy. The parties agreed that the following Grievors would be representative of the entire group to give testimony binding on all of them, as follows: R~on Legault (Electrical/Mechanical), George Brown (Painting) and Brian Cunningham (Construction). The Employer did not call any evidence. Having heard the evidence of the representative Grievors, we are satisfied that while they "provide ,liaison . . . between tenant claims and contractors" theirs is'not the final word should there be a dispute concerning sufficiency of performance between a tenant and a contractor. Nevertheless, we find that they do more than link the tenant and the contractor. They mediate between the competing claims with a view to obtaining a final resolution. 7 They will also indicate, where mediation is not successful, their view as to whether the work has been performed satisfactorily. Their view, however, is not a .final one as their supervisor can overrule them. We gather that this is infrequently the case. George Brown, who.testified on behalf of the Painting Inspector and Contract Administrators. agreed that the items added to the position specification and class allocation forms covered his duties and responsibilities. This would include the statement that the Painting Inspectors are required to stay within five percent of their budget. This matter was notcross- examined upon. Mr. Brown also testified as to the allegation that the Painting Inspectors were required to teach site staff how to complete painting work and how to recognise different materials. His evidence was that he did not act so much as a teacher but as a resource person when site staff wished to obtain information in these areas, and he said that in this capacity "we teach them a little of everything." When pressed, in cross-examination, he acknowledged that the Painting Inspectors functioned more in the nature of advisors rather than teachers. We conclude that there was little organised instruction but that when called upon as a resource person, a Painter Inspector would do some teaching. When questioned, in cross-examination, with respect to the statement that Painting Inspectors were required to reconcile all 8 overpayments or duplications made to cdntractors, Mr. Brown testified that, on occassion, the Districts did not fulfil their responsibilities with respect to payments to contractors, and there were not infrequent instances of overpayments and duplications which the Painting Inspectors observed when reviewing entries in a master record two months after the event. While the Districts were initially responsible for seeing to it' that there were no overpayments or duplicate payments made to contractors, it was the Painting Inspectorswho reviewed payments. He added that if they did not do so, many'overpayments and duplicate payments would go undetected. Mr. Brown also dealt with the allegation made concerning the responsibility of the Painting Inspectors to 'provide suitable s,torage space on. site for ensuring that hazardous .supplies and equipment are propoerly handled and stored. He identified such hazardous.supp1ie.s and, equipment as including paint, varsol, paint thinners and other volatile materials. He acknowledged that the tender documents do not require the MTHA to provide for storage space, but that this was done with the assistance of the site staff (junior and senior maintenance superintendents). He stated that this service was afforded in order to maintain good working relationships with contractors and to avoid having volatile materials on site. Mr. Brown was not cross-examined on the Employer's ,9 allegations that the Painting Inspectors prepared annual budget estimates and no evidence to the contrary was called on behalf OE the Employer. After examining the facts agreed to by the parties, and upon hearing the evidence of the representative witnesses, we conclud(e that there is no significant difference between the parties as t(o the nature of the duties and responsibilities of the Grievers. Counsel for the Employer argued that an atypical classification was warranted on the.facts of the case before US. She referred to Buramoto, 0046/90 (KaplanI, at pp.9-10, which quoted from King,2028/86: Since u, this Board has consistently held that it remained possible for the Ministry atypically to classify a position...*In other words, the Board recognises that its power to create a classification must be exercised reasonably and, in certain circumstances, it may be reasonable to refuse to dire& the Employer to create a classification for some positions. We can imagine that it might be reasonable to allow an atypical designation to stand where the position in question is unusual, 'in the sense of being occupied by only a few incumbents. It might well be unreasonable to expect the Ministry to proliferate classifications for such individuals like so many rabbits in a warren. It, indeed, would be unreasonable to make an order which would have the effect ,of "gridlocking" what might seem to be an already overburdened classification system.(at 51 But.that, of course is not the present case. Here, we see no reason why we should not issue an order directing the Employer to find or create a proper classification for the position occupied by the grievers. We agree with the submission of the Union that it is irrelevant whether among existing 10 classifications, the'classification of Social Worker 2 is the "best fit." It is still a misfit, and a misfit by a significant margin. Accordingly, we declare that the grievor8 are improperly classified and we direct the Ministry to create a proper classification for them. (at 5-6) In Komendat, 1246/90 ,etc. (Dissanayake), in referring to the atypical classification, the Board stated at pp.8-9: The grievers' position specification contains the following notation. "Position is atypical recognising that the~classification standard was designed to cover positions where the primary function involved mechanical or electrical systems/equipment. However scope of duties and responsibilities are otherwise considered equal." It is well established now that this Board has a mandate to remedy a grievance where it concludes that a position is wrongly classified. (Re OPSEU and Berry : ty and social S ervicea, decision Ct). Nevertheless then Board has recognised that the Bnrry decision did not altogether preclude atypical class allocations. See, Re Kuntz 85/89 (Verity). Despite, this continuing recognition of atypical class allocations, the Board has held that the core duties of a position must comfortably fit within a class standard. In Re Kelusky et, 1098/86 (Wilson) the Board stated: I am of the opinion that while the Berrv decision- may not have invalidated atypical classifications, this Board, given its clear mandate to direct that a new classification be established when it is satisfied that a grievor is improperly classified, must insist that an atypical classification not vary widely in its core features from the archetype of the classification. In our case, on the evidence it is clear that the grievers do an entirely different job from that described in the class definition. In the Komendat case, the Board further stated, upon analysing the evidence before it (at pp.9-12): The Board heard extensive evidence from Mr. 11 Michael Komendat, one of the grievor-s, about his duties and responsibilities. The parties agreed that his evidence is representative of all of the grievers. It is true that the grievor8 performed duties that encompass the words "a:rrange, i:nspect and supervise the installation and repair" as described in the SS I class standard. They may also be said to "estimate job costs, arrange for contractors, inspect and assess the work of contractors and recomme:nd acceptance or rejection of claims in excess off tender" and "prepare annual budget estimates" as contemplated in that class standard. However the relation,ship between the grievers' positions and the SS I classstandard ends with those.general descriptions. The class standard clearly envisages that the positions covered by it will pe.rform those functions with regard to either electrical or mechanical systems and equipment in government owned buildings. The grievor8 have nothing to do wit!h any of that. While the class standard for SS I focuses on electrical and mechanical systems, the evidence is clear that the grievor's expertise and job functions are in the area of structural and architectural work. The electrical and mechanical trades are highly skilled provincially certificated trades, which are totally different from the grievor-s “trade -skills. They heave no duties in those areas at all. A multitude of government #employees may be involved in inspecting and supervising of installations and repairs of various sorts and in estimating job costs and preparing budget estimates for various types of work projects. However, no one will suggest that all those employees fit within the SS I classification. That class standard focuses'on a particular area of expertise Celectrical or mechanical). To draw an analogy, if a class standard for a government lawyer states that the positions involve "researching, advising and preparing reports on legal matters", not every government employee engaged in researching, advising and preparation of reports of any kind can be said to fit within the lawyers' class standard. Only those ho perform those functions with regard to legal matters will be encompassed by that class standard. Similarly, since the focus of the grievor-s' position is totally different than that contemplated by the SS I class standard, it cannot be reasonably said that the class standard covers their positions. Similarly, the.SS I class standard focuses on "government-owned buildings". The evidence is that 60 12 percent of the grievor8 work is in relation t.o projects undertaken by non-profit organisations, and a further 30 percent in relation to projects undertaken by local. housing authorities. The former projects are owned by private non-profit organisations and the latter by a crown corporation. While the government has some financial involvement in both cases, the government does not own the projects and has no day-to- day responsibilities for their operation. In the circumstances, it cannot be said that those duties pertain to "government owned buildings". See, & w, 1589/90 (LOW). It is clear that the class standard for SS I is ,designed to apply specifically to the electrical or mechanical trades and work involving government-owned buildings. Where the projects involve government buildings, the government will be in full control of the whole project. The architect and other professionals on the project will be hired and directed by the government. Then necessarily the role played by the inspectors will be more proactive. The grievor8 on .the other hand play a more reactive role and have a significant administrative function which is not contemplated by the SS I class standard. The SS I. class standard commences with the phrase "This class 'covers positions of employe~es in the Ministry of Government Services . . . ." What is contemplated is MGS inspectors inspecting and supervising etc; the work of other government employees working on government owned, projects. The grievor8 are not employees of that Ministry, and do not fit that description. In the circumstances, the conclusion is inescapable that the positions contemplated by the SS I class standard are significantly different in the core functions than those held by the grievers. Despite the "atypical" allocation, the Board must conclude that the positions are improperly classified as SS I., See, Re Alexander et al., 803/88 (Verity). What was said in the Somend& case has application to the case of the Grievor-s holding the position title Painting and Specialized Contract Administrator (E & W) and Construction Inspector and Contract Administrator; In the case of the former position, the position specification also provides: "The position 13 is atypical as duties relate to then painting program in a housing authority rather than electrical and mechanical systems in MGS as in the class standard, however the responsibilities, skills and knowledge are considered equivalent." In the case of the latter position the position specification also provides that: "The position is atypical as duties related to architectural, civil and structural engineering capital projects in a housing authority rather than electrical or mechanical systems in MGS as in the class standard, however the responsibilities, skills and knowledge are considered equivalent." Can the situation be said to be different in the case of the Grievor8 whose position title is Electrical/Mechanical Inspector and Contract Administrator because they "provide overall co- ordination, administration and inspection of capital projects throughout the construction stages for electrical and mechanical systems." The purpose of the position goes on to add "ventilations, plumbing, gas, water mains and fire safety systems," however these would seem to ,fall under the heading of ' mechanical. A review of the class standard discloses that the Electrical/Mechanical Inspectors are not employees of the Ministry of Government Services: they do not arrange or supervise the insta llation and repair of equipment ,; their inspection duties relate to both electrical and mechanical systems, and the equipment is not in government-owned bui ldings. 14 Mr. Legault's evidence, which was unrefuted, was that he does not supervise or assign work to foremen or to day labour forces; he has no budget related duties; that his duties do not involve the supervision of ongoing preventive maintenance programs;and that he does not co-ordinate between area~s of trade specialization. As wasp note,in the Komendat~case, "electrical and mechanical trades are highly skilled provincially certificated trades . . . ." The Electrical/Mechanical Inspectors are trained in only one trade, either electrical or mechanical,, and they learn what they need to knpw about the other trade (either mechanical or electrical) on the job. the.Electrical/Mechanical Inspectors do not perform the duties that encompass the words "arrange . . . and supervise the installation and repair" as described in the SS I class standard., Nor do they "estimate job costs, arrange for contrdctors" or "prepare annual budget estimates" as contemplated by the class standard. As noted in the Komendat case, at p.10: "A multitude of government employees may be involved in inspecting and supervising of installations and repairs of various sorts and in estimating job costs and preparing budget estimates for various types of work projects. However, no one will suggest that all 15' those employees fit within the SS I classification." We have already indicated why the Construction'Inspector and Painting Specialist and Contract Administrator position are not properly classified as SS I and why the Electrical/Mechanical Inspector, notwithstanding their involvement with electrical and mechanical systems and equipment are, similarly not properly classified as ss I. As in the Komendat case: "Despite the 'atypical' allocation, the Board must conclude that the positions are improperly classified as SS I." In the circumstances, a -3 order is appropriate. The Employer is hereby directed to properly cl.assify the Grievers' positions within 120 days of the issuance of this award. The Grievor8 shall be compensated retroactive to 20 days prior to the .filing of their respective grievances. They are entitled to interest in accordance with the formula established in & l&Llowel House Ltd.., [19801 O.L.R.B. Rep. Jan. 35. This Board remains seized of matters involving implementation of this award including compensation. 16 ,Dated~ at Toronto, Ontario this 9th day ofJanuary, 1992. Lg.%%.. D. Clark - Member APPENDIX “A” CATSWRY: najatemnce services GXOUP : HE-OZA Trades and Crafts SERIES : Sewices Officer (Bargaining un.~c) CLASS CODE: 931,46 SERVICES oFFICTX 1 (BARGAINING [MIT) FOR CON-S OF CWS STXUDPJID FisEx To: 93140 ziervices Suce--viaox: 1 -. ,_.- Ci.QS STANDARD: CLASS CODE; 93140 , .5EXVIcEs SJPWSOR 1 This claaa coyer8 poaitions of employees in the Hinistry of Government Services who arrange, inspect, and supervise the installation and repair of either electrical or mechanical systems and equipment in Gavernmenc-owned buildings in all districts except those in the Central Region vhere the Yanager position is classified at the Buildings Manager 5 level. These employees estimate job costs, arrange for contractors, inspect and assess the work of contractors, and recommend acceptance or rejection_ of claims in excess of tender. They supervise and sssign work to foremen or in some districts directfy to day,labour forces. They nay also be required to personally supetise,the ongoing preventive maintenance program of the electrical or mechanical seRices vithin the’area, including co- ordination between ared?l of trade spcializition. In all diatticts, these l nployees prepare annual budget estimates based on their assessment of requirements for new mechanical or electrical insmllationa and replacements. In some districts, they may also be required to provide budget estimates for the total operation and maintenance program. SKILLS AN-D KNo!dLEDa: )' SkA.l.l .in an appropriate electrical or mechanical trade; supetiaory . and instructional ability; ability co lay out work assignments from plans and specifications; ability to estimate costa of materials and labour; ability to prepare i-sports; a good knowledge of statutes, regulations, end by-laws governing electrical or mechanical inata.Llations. , Revised !4arch i, 1972 , Maintenance Inspector Y”lOl.,I ,“~,.“,SO~‘S lliL9 .’ [Maintenance Supt 3 __,, - ._ . _. .-. _._. 1 WOO18 Regional Construction Manager (East/West) - _ _.-- _~ -..- -_ -..-.--em sra. I ,’ -I, APPENDIX “B” , ISITION SPEC &ATION AN0 CLASS ALLOCATION FOAM VIC 70 OESC1)18E I\ CLASS,.=” *LL POSlTlOHS EXCEPT *HO’sE covhcro BY THE EXtCU,l”c Qx.4PENSATION PLAN OR IHE MANAOEULNT COMPENSATION PLPIN. ~,‘.r*~m~u,.~c IL8YICL PAR, , l 0,1110* 1111‘ construction Inspector and Contract Administrator _..-._ -.- __.-~ - ..-- -- -.- CLII) T,.‘, -- ‘,<c”,cJ”* .‘a1%.1wl llllf CL... COO‘ 4 /5 I- I- I- (_ I 2 PURPOSE OF POSITIONowv oocs wssmswow LIIII)II.~~‘GO*I,O.,~C~~V‘~ IICJ To provide overall coordination, -.----- administration and inspection of architectural, civil, and structural engineering related capital projects throughout the construction stages in an assigned region. To act as technical resource specialist to field staff, providing advice and technical I coordination services. j 2oa i - I j -. I I 2. 1. .- Provides assistance in non-recurring budget preparation and contract drawings and specifications review by performing such duties as: assisting with the preparation of’the non-recurring budget by identifying and discussing potential budget items with the Districts; reviewinq preliminary drawings/specifications to check for design inadequacies, practicability, items, relativeness.of design to described budqet and potential problems in contract execution, delays, legal implications, safety considerations, etc., recommending changes as necessary; recommending changes to design to conform to statutory requirements and site conditions: participating in preytender meetings for the purpose of clarifying construction aspects of project. Provides coordination administration and inspection of capital projects by performing such duties as: setting :L‘;’ an; cnarring pre-construction meetings with all parties concerned, including project staff, general and sub-contractors for the purpose of reviewing and/or clarifying the,contract requirements, work schedules, roles of various parties, expected standard of safety and overall performance and recording detailed minutes for distribution: 4 SKILLS AND KNOWLEDGE REOUIREO TO PERFORM THE WORK,,,.rrto,,crr,o.. ~~AINIUG.II,TR,~~~ ETC., J. Tsanqa_ris/C. PI9resutti 1 Kh. Desarl,. Director, Technical Se:vicd 9 I The incumbent co-ordinates, administers and inspects architectural, civil A. and, structural engineering related capital projects in Housing Authority- ,owned buildings in an assigned region, acting as technical resource specialist and co-ordinating to ensure resolution of problems. a. The incumbent inspects and evaluates work of contractors, ensuring work progressing on schedule, prepares written reports, reviews change orders and recommends acceptance/rejections , reviews and recommends progress c~ invoices and final payment. The incumbent assists in preparation of non-recurring budget by identifying ..- -_-_-_.._.. _.. .--- - -. - ..__.__ -.- IA,&\ “f? \n& \ -_. .,.. .- :‘~f$y+? 0 &-- ,.,“” nr. “1.1”~, “c* Lynn .Weber 70% ensuring timely submission of shop drawings and material samples, approving or forwarding for approval of shop drawings and material samples to the appropriate designer or consultant: conducting frequent (daily or as required) inspection of pro’jects and site meetings to monitor progress of work and contractor performance, to ensure all work is being performed according to specifications/drawings and Code requirements; compilinq findings ins daily log/reports/hi-weekly progress reports to maintain complete and accurate records on project and inform contractor and other various parties: following up to ensure deficiencies/findings are corrected, work proceeding on schedule, and to ensure qualified sub-trades are being used; resolving situations of non-compliance, lie. material being non specified used,, contravention of the .Building Code); ensuring remedial action and referring unresolved disputes to the Regional Construction Manager; reviewing and recommending progress invoices and final payment for completed work: reviewing contractor’s quotation for change order by verifying legitimacy of claims by preparing cost estimate, comparing to contractor’s submission and recommending acceptance/rejection to then Regional Construction and negotiations with the contractor; Manager, assisting in acting as technical resource and liaison between Oesign staff, consultants, site staff and local authorities: disseminating information as required; problems: co-ordinating to ensure resolution of maintaining good public relations with tenants and others; appearing as a witness on contract required; litigation cases as arranging for and conducting detailed inspection for Substantial Performance under the Construction Lien Act; arranging and conducting final inspection with Contractor, designer, projec”itaff, and local authoriti 7; ensuring that all necessary permits, guarantees, mafntenance manuals and as-built drawings are obtained and disseminated; final acceptance, providing as required instruction/training in systems operation to users: evaluating contractor’s overall performance, recommending to the Regional Construction Manager if they should be further considered; prior to expiry of warranty period, conducting inspections ascertain if deficiencies identified and/or. indicated by s staff are warranty items; to ite determining cause of problem and assigning responsibility and recommending resolutions to correct deficiencies, informing district staff of remedial actionar , following up to ensure that warranty deficiencies are corrected within negotiated time frame; 3. ,Provides technical advice and services to district staff by performing such duties as: conducting inspections as required, by District, of various 83 ’ building elements: preparing written reports including immediate remedial action required: provide advice/clarification to staff with respect to preventative maintenance programs; independently researching. new products on market t roof _ membrane svstems. waternroofina svstems, etc. 1 and new methods, to-stay informed’of technological changes;. - *participates on various specialized committees, as requ 2% - . as required. Skills 6 Knowledge (cont’d) red: Well developed negotiating skills. skills Well developed inter-personal evaluate including,,, -tact- and judgement. _, c2mplex problems ,, provide Ability to analyze and alternatives: ability- to read, resolut:ions and recommend contract documents, understand and interpret drawings, supervision. and to function independently with minimal Superior verbal and written communication Good understanding of the Ontario Fire and Building Codes, skills. ULC Standards, CSA and Act, and other Construction Lien Act, Occupational Health 6 Safety related regulations Valid Ontario driver’s license. to construction projects. 6. Allocations (continued) C. potential budget items. 0. The position is atypical as duties relate to architectural civil and structural engineering capital projects in a Housing A:thorf,ty rather than electrical or mechanical systems in MGS as in the class standard, however the responsibilities, skills and knowledge are considered eauivalent. i ..a.1 I , Electrical/?lechanical Inspector and.Contract Administrator ,.~,, ‘,.>-:.IIII, CLnrr toot I / .*,,, . ../1.1, Regional Construction Manager EaSt/tJeSt Hcusiq Eletropolitan Toronto Dousing Authority LDC.I,ON ,.oo*e*sl Techni,cal,,,Services konst. Services. I,., ..: ..a., ,.u,:,Io ,pI,‘;,IkI”Llrls L,lll,~“lilD :.I..%.,/” ;lC114,‘ I<:(‘” “IN<C,L. ~I)IDII~kCII” ,_-17 - ’ - ! - I - 890 wet. Toronto, Ont. 1 (i! llih C.1: C,i PO3TlOl4cx~~ 1riit5 r~~~Sb~~s~ltOt+ EmsT’SraTc WALS oucCrwES LTC.I To provids overall co-ordination , administraticn and inspection of capital projects thrcughcut the construction stages for electrical, mschanical, ventilations, plumbing, gas, watermains and fire safety System in an assigned region. To act as technical resource specialist to district office staff. - reviewing preliminary drawings and specifications with district staff to check ‘for design flaws, practicability of design, budget limitations, etc, and recammding changes as necessary; - ensuring all equi~nt.and.san@es maet specifications and are approved by the designer prior to any work commencing; reviewing and recomnending alternate eguipnSnt for design approval; - reonmending design changes to acccemrodate site conditions during construction; - providing technical advice and infotmaticn to dist.rict staff during constmxtion, as requested;~ - setting up pre-constzuction meeting with all parties concerned: attending meetings a~ chairperson and recording,detailed minutes: - informing contractors and consultants of procedures during construction and reviewing in &tail contract requirements; resolving contractual discrepancies and enccuraying rem&al action to ease delays; - review& ‘and reammending progress invoices and final payment: - reviewing contractor’s guotaticn for change order by obtaining cost break&n, negotiating any variations fran original contract and submitting (cant ‘d ) ccnstructicn activities, with particular emphasis in electrical and mechanical fields. Certification in plunbing and heating or electrical or technologist di- plan3 in related fields fran a camunity college. Nell developed negotiatirq and ,,, ,,).‘, ,$ycy-skills,-Qperi II . . . ,>.:l:.“1< DITF YIYI*T#l” OI*ICI*L D.TE , 0.. , MO. , “1. , 0.. , MO. / 13. John Tsangaris i___- _.__.__ _.__ _____ -l--.LL.i~ op..” (“0. ..llruv.,I. p.l i&or Dssai, Director, Technical Services aI*%%.; n -__. - . _I._ __ _ ., .‘& ,L ’ Rlectrical/~lechanical Inspector and Contract ,IWministrator (55-72W-14/173 Sixties and Related Tasks (Cont’d) reccmmndations .to supervisor for approval; - maintaining daily job inspection of projects ahd preparing weekly progress reports; 9 evaluating contractor’s performance by preparing written reports for supervisor’s attention: - ensuring on-site staff is instructed in system; cperation and kept apprised of work to be done; - obtaining- and- verifying all necessary permits, guarantees, maintenance manuals and as-built drawings and distributirq sams accordingly: - acting as a technical resource person and liaison between consultants, mnufacturers, municipal officials, district office staff, fire, hydro ard gas officials: - providing regular on-site inspection to ensure all vork is mnducted according to the specifications, drawinys and oode reguiremnts; - following up with inspections to ensure deficiencies are corrected; i co-ordinatirq and arranging final inspecticn and performing final inspection with individuals who attended original pre-constructicn meeting; - as assigned. 2 . Provides specialist advice and technical co-ordination services to district staff by performing suds duties as: - inspecting semi-annually all heating, ventilation, dcmestic water, sprinkler, alarm, emergency lighting, sanitary and, storm sewers, swimning pools, etc., or other mechanical service systems within an assigned portfolio, preparing written reports including imnsdiate remedial action required and work to be included in future budgets, follwing up to ensure reccmendations are actioned; - recarinending new methods, equipment and mterials related to the mintenance and cgeratico of mechanical services, equipment an3 materials, including replacement of obsolete eguipnent;, - spot checki,hg r.“-’ lanical equipment ahd.mintena’ 7 work to ensure that Provincial and &nicipal reguiremnts, regulatiolrs, by-laws and corporate I polici,es and procedures are adhered to; I - inspecting electrical, mechanical, plumbing, heati%* daeestic hot water, ventilation, fire protection, mqmctor and swimning pool systems as requested; preparing reports including reamendaticns for solutions and following-up to ensure problem is resolved: - providing advice with respect to preventative maintenance prcgrams: - costing maintenance projects for b&yet purposes; Electrical/tlechanical Inspector and Contract Administrator (55-72SO-14/17) Skills and Khouledoe Kont’d) Good knowledge of CWJKlliA policies and procedures and relevant legislation. Well developed interpersonal skills including tact, judgemnt and initiative. Ability to analyze ard evaluate wmlexity of problems, provide resolutions 01: remmend alternatives to supervisor. Valid.Ontario driver’s licence. Ability to read, understand and interpret drawings. Knowledge of contract administration. Go4 understanding of Ontario Fire Ccde,.Cntario Building Code, Natiokl Fire Code, Electrical Safety Code, Plumbing Cede, CSA .standards, ULC Standards, Occupational Health and Safety Acts .and ‘its Regulations pertaining to constructicm projects. ,- \ APPENDIX "DI' PGS,T,ON SPECIFICATION AND CLASS ALLOCATION FORM “$.E ,o ,JESCR,*E *ND ~~SSIFY *LL POSlTlONS EXCEPT THOSC COVERED BY T0.e EXECUT,“CCOMPENSATION PLAN OR TWE MANAGEMENT COMPENsATmN PLP.N. ‘ART , .OS,TIO” TITLE paintinq & Specialized Contract Administrator )qE”,lJ”$ m\tr8o* 7l.U CL*” .lTL‘ LIY‘OIATI rvr~wrow, TIICC ----Aim--- Manager. Qp.erational Maintenance iGf?z-- .-.----- D,“l,, N ) 55-7280-02 .___ .___ --. Housinq --.- ".uc* *EcT,o* rosrrm ,.DDR‘U, 890 Yonge Street ‘. PURPOSE OF POSITION ,w”” oafs wt6 VISION EXIII? 17.71 Gocu OIIICCTIV~I sr$.l To provide budgeting, administration and inspection and co’ordination services, through all its stages, of the MTiiA painting program, both non-recurring and recurrin$. To act as technical resources to field staff, providing advice, investigation and information. I. S”M,.,ARY OF DUTIES AND RESPONSl8lLlTlES ,INOIC..ICPERCLNTAGI OFT~HL slwncw ~*C”SIGN~~~CINT~UNCTIO”. INO,CllE ICOIC. TO”I~YINT.~~~INGCONDlTlONI “N”I”AC F~*wRLseTC.I 1 .- Establish the annual and five-year painting program in co-ordination with Districts, Sites and Design ano Construction serv~ices by: -Preparing both non-recurring and recurring budgets (approximately 3,000,OOO annually), for painting to be reviewed and approval by others. - Providing input i.nto policy and ,procedur~es of MTHA painting program. - preparing tender documentation for non-recurring and recurring painting work. - Carrying out inSpeCtiOn of prOperty prior to tender and inform sites of maintenance work required prior to commencement of painting, - Reviewing all painting tendera and recommend award to Manager, Operational Maintenance. - Constantly reviewing the volume and priority of painting z requIrementa for al1 MT&+ properties in liaison with sites and districts. . - Co-ordinating work to ensure that no conflict exists. SKILLS AND KNOWLEDGE REOlJl RED TO PERFORM THE WOflK~rr~rr IOUCIIIOH.IRIINII(O.~X,L~I~NCI(IC.~ Several years demonstrated experience in the construction industry with knowledge of on-site with specialization in painti constructions activities 4 i.nspecti&i%r~icaa through all the etagae of the MT+ painting program in conjunction with Districts, Sites and Design and 0 Construction,Services. : The incumbent prepares both non-recurring and re-curring budget estimates for ~painting;“‘ 8. The incumbent inspects and assesses the work of ContractOrS. P. The position is atypical as duties relate to the painting,program in a Housing Authority rather than electrical or mechanical + systems in M.G.S.’ as in the class standard, however, the respnsiQlities, skills and knowledge are considered. equivalent. - -.- Summary of Duties h Responsibilities cont’d: a - -- 2. Provide co-ordination, administration and inspection of tne painting program by performing such duties ae: . - setting up and chairing pre-construction meetings with all parties concerned for the purpose of reviewing and/or clarifying the contract requirements, work schedule, roles. or various parties, exnec+ed standard of safety and overall performance and recording detailed minutes for distribution. - Conducting frequent (daily, or as required) inspections of projects and site mee”ngs to monitor progress of worx and contractors performance, to ensure all work is being performed according to specifications. - Compiling findings in logs and. reports to maintain complete and.accurate records. on projects and inform contractor .and .,other various parities. - Follow’ing up, to ensure deficiencies/findings are correct work proceeding on schedule and to ensure qualified personnel are being used. - Resolving situations of non-compliance (i.e. non-specified material being used);ensuring remedial action and referring unresolved disputes to Manager, Operational Maintenance. - Reviewing and recommending progress invoices and final I, 3-Q payment for completed work. - Reviewing contractor’s quotation for change order by verifying legitimacy of clai.ms by preparing cost estimates comparing to contractor’s submission and recommending acceptance/rejection to the Manager, Operational Maintenance, and assisting in negotiations with the contractor. - Acting as technical resource and liaison between site staff, district office: disseminating information as reauired; co- ordinating to ensure resolution of problems, maintaining good public relations with tenants and others. - Appearing as a witness on contract litigation cases as required. - Arranging and conducting final inspection with contractor anti project staff. - Evaluating" >ntractor's overall perfor -‘,nce, recommending to Manager, Operational Maintenance, if thay should be further considered. - Determining cause of problem and assigning responsibility itnu' recommending resolutions to correct deficiencies, informing district staff and recommending action. . . - Following up to.ensure that warranty deticiencies are corrected within negotiated time frame. . * Summary of Duties and Responsibilities cont'd: ---- .,3. Maintain ongoing records of all painting done within M.T.H.A. - Recording all cycle and partial units painting on an ongoing basis; providing this intormation to sites on an as required basis. 10% - Reviewing and recording all recurring painting invoices; arranging with site and contractor to resolve any payment problems. 4. Provide technical advice and services to district, site staff, and technical staff by performing such duties as: .- Conducting inspections as required, by district, site staft or technical staff on problem areas and preparing written s 90 reports including immediate remedial action r~equired. - Independently researching new products on market and new methods or procedures, to stay informed of technological. changes. - Participate onv arious specialized committees as required. Skills & Knowledge cont'd: Many years experience in contract administration and budgeting. ,Well developed negotiating skills. Well developed inter-personal skills including tact and judgement. Ability to analyze and evaluate problems, provide resolutions and recommend alternatives, ability to prepare, read, understand and interpret drawings, contract documents and to function independently with minimal supervision. Superior verbal and written communication skills. Good understanding of Building Codes, Construction Lien Act, CSA and CGSB Standards, ,: Occupational Health and Safety Act and other related regulations. Valid Ontario Driver's Licence.