HomeMy WebLinkAboutGuster 88-04-13 HEADNOTE
GSB # CAAT (A)
OPSEU % 87Z641
OPSEU Loc. 110
Article(s): 8
GUSTER, D. (OPSEU) vs Fanshawe College
Award dated April 13, 1988 (J. Samuels)
The grievor~ a Teaching Master in the Stationary
engineering program was laid offl He g~ieves that he has
the right to displace a less senior employee who teaches
various welding courses.
Under Article 8~05, the grievor has the right to displace
a less senior employee providing he possesses the
"competence~ skill and experience to fulfill the
requirements of the position relatively equal to the
employee being displaced".
Board rules the grievor has some basic skills in welding~
but the position requires someone highly qualified,
skilled and experienced in all forms of welding~ The
employee now in the position meets this criteria, the
grievor does not.
Grievance denied.
Between:
FANSHAWE COLLEGE
and
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
Grievance of D. Gerster, lay-off, displacement fights
Board of Arbitration
J. W. Samuels, Chairman
A. S. Merritt, College Nominee
I. Freedman, Union Nominee
For the Parties
Union
J. E. Mosher, Counsel
G. Fordyce, Steward
D. Gerster, Grievor
College
P. Jarvis, Counsel
I. Hobbs, Personnel Officer
G. Gedies, Chairperson, Motive Power Technology
F. Brill, Chairperson, Mechanical Technology
J. Devlin, Administrative Officer, Mechanical Technology
Affected Third Party
R. Sweetzir
Hearings in London, April 6 and 7, 1988
On January 18, 1988, the grievor was laid off from his position as a
Teaching Master in the stationary engineering program at Fanshawe College
because the program was being discontinued. He claims that he has the right
to displace a less senior employee, Mr. R. Sweetzir, who teaches various
welding courses.
Article 8.05(b) of the collective agreement provides for the right of
displacement of a less senior employee in the same classification if the
grievor "has the competence, skill, and experience to fulfill the requirements
of the position relatively equal to the employee being displaced".
Mr. Gerster is an experienced and qualified third-class marine
engineer. As part of his training and experience, he has done some welding--
mostly oxyacetylene, with some shielded metal arc (or "stick"). While at
Fanshawe, he taught Welding 140 several times. This is the welding course
in the program for stationary engineers, and is an introduction to
oxyacetylene welding, with some time spent on stick welding.
Mr. Sweetzir is a highly qualified Welder, and he teaches nothing but
welding courses. He has been involved in welding industrially since 1972,
and has taken numerous welding courses from Fanshawe College, the
Welding Institute of Canada, Hobart Arc Welding Systems, the Metals
Engineering Institute, GMF Robotics, and the American Welding Society.
He has taught welding at Fanshawe as a technician, sessional instructor, and
full-time Teaching Master since 1979. His teaching load, into which Mr.
Gerster wants to slip, includes the following welding courses---
Weld 101 A basic introduction to oxYacetylene welding.
FEMC 200 An intermediate and advanced course in welding
related to farm machinery, includes shielded metal
arc welding, gas metal arc welding (or "MIG"), gas
ttmgsten arc welding (or "TIG"), and welding in all
positions.
2
Auto 110 An introduction and then advanced instruction to
students preparing for autobody repair and
refinishing, which includes oxyacetylene, MIG and
stick welding.
Weld 302 Provides theoretical knowledge and practical
experience in robotic arc welding, MIG, TIG, and
resistance welding.
These courses require an instructor with wide experience in all forms
of welding, and an ability to demonstrate welding with a high degree of skill.
Mr. Sweetzir fills this bill admirably.
On the other hand, Mr. Gerster has no experience or training in MIG,
robotics, or resistance welding. He has virtually no experience with TIG.
And these are not insignificant matters. MIG and TIG are crucial to FEMC
200. MIG is the very heart of Auto 110. Robotics, MIG, TIG and resistance
welding are all there is to Weld 302. In our view, Mr. Gerster is simply
totally unprepared by training or experience to handle these three courses.
Even with respect to Weld 101, we have concerns about Mr. Gerster's
ability to teach the whole of the course. This course goes further than Weld
140, with which Mr. Gerster is familiar.
Under Article 8.05, the grievor only has a right to displace a less
senior employee if he can walk right in and do his job. This has been
confirmed in all the cases involving this provision---Conestoga College
(grievance of Bailey, unreported decision of Brent, September 6, 1983);
Conestoga College (grievance of Rennie, unreported decision of Brown,
October 23, 1985); Conestoga College (grievance of Keating, unreported
decision of Shime, January 16, 1985); St. Lawrence College (grievance of
Brown, unreported decision of Shime, September 11, 1986); and Conestoga
College (Grievance of Brouwer, unreported decision of Samuels, December
31, 1986). The grievor was not ready at the time of his lay-off to simply
move in and do Mr. Sweetzir's job. Indeed, he was far from ready to do it.
Mr. Gerster would require a great deal of further training and experience to
teach Mr. Sweetzir's courses, and considerable accomplishment to do the job
with the skill Mr. Sweetzir displays.
In a nutshell, Mr. Gerster is an experienced third-class marine
engineer, with some basic skills in welding. Mr. Sweetzir is highly qualified,
skilled and experienced in all forms of welding. The target "position" in this
case requires someone who is highly qualified, skilled and experienced in all
forms of welding. Mr. Sweetzir meets the requirements of the position. Mr.
Gerster does not.
For these reasons the grievance is dismissed.
Done at London, Ontario, this l ~7~ day of ~'~ ,1988.
A. S. Merritt, College Nominee
I. Freedman, Union Nominee