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HomeMy WebLinkAboutBenn 97-12-12 IN THE MATTER OF AN ARBITRATION BETWEEN: SHERIDAN COLLEGE - and - ONTARIO PUBLIC SERVICE EMPLOYEES UNION LOCAL 245 CLASSIFICATION GRIEVANCES OF BENN AND MACPHERSON JANE H. DEVLIN SOLE ARBITRATOR APPEARANCES FOR THE COLLEGE: ROSALIE SPARGO BRIAN SCANNELL APPEARANCES FOR THE UNION: NORMA PENNINGTON-DRABBLE JAY JACKSON JOE BENN WAYNE MACPHERSON OPSEU FILE NOS.: 97D772 & 97A017 HEARING DATE: NOVEMBER 27, 1997 The Grievors, Joe Benn and Wayne MacPherson, are presently classified as General Maintenance Workers, Atypical at payband 6 and seek reclassification as General Maintenance Workers at payband 7. The parties agreed on the content of the P.D.F. which is applicable to both of the Grievers. They also agreed on the rating in the majority of factors, although they were unable to agree on the rating in the following factors: Factor College Rating Union Rating Sensory Demand 2 3 Strain from Work Pressures/Demands/ Deadlines 2 3 Responsibility for Decisions/Actions 2 3 It was the submission of the Union that the duties and responsibilities of the Grievers are accurately set out in the guide chart for the classification of General Maintenance Worker and, accordingly, there is no necessity for core point rating. The Union further maintained that even if the position were to be core point rated, there is no basis to depart from the ratings for General 2 Maintenance Worker. It was the submission of the College that although the Grievers perform some duties of the General Maintenance Worker classification, they also perform duties which are characteristic of a Caretaker B at payband 4. To this extent, it was submitted that their position is atypical and that in respect of the disputed factors, a lower rating is warranted. The Grievors perform maintenance work at the Davis Campus which is comprised of 105 acres with 6 parking lots, a bus loop and a detached day care centre. 90% of their work is performed outdoors and the remaining 10%, indoors. Functional direction is provided by a Support Services Officer and a Lead Hand, both of whom are members of the bargaining unit. The Grievers' immediate Supervisor is Brian Scannell, Manager of Engineering and Maintenance, who works at the Trafalgar Road Campus and visits the Davis campus from time to time. Also assigned to the Physical Resources Department at the Davis campus are an Electrician, a Stationary Engineer and a General Maintenance Worker at payband 7. As indicated on the P.D.F., the Grievors perform work in 5 general areas consisting of grounds maintenance; external general maintenance; equipment maintenance and repair; snow and ice removal; and miscellaneous duties. In the course of their work, the Grievers operate various types of equipment, including dump trucks, tractors, snow plows, push mowers and a front end loader. As to grounds maintenance, the Grievors are involved in cutting grass, aerifying soil and planting, pruning and trimming trees and shrubs. They are also involved in weed control and the application of fertilizer, herbicides and pesticides. As to external general maintenance, the Grievers pick up and remove refuse and debris, repair exterior furniture such a picnic tables and benches as well as signs, fences and posts. On one occasion, they were required to relocate fencing around a compound which involved dismantling the fence, including stakes; transporting it to another area of the campus, and reinstalling it, which included remounting a fairly large gate. This work was performed over a period of three weekends. The Grievers also make minor asphalt repairs to parking lots and roadways. As to equipment repair and maintenance, the Grievors carry out maintenance on grounds equipment such as painting, blade sharpening, changing oil and spark plugs and testing belts on mowers. As well, they detect and identify mechanical problems and, if possible, effect necessary repairs to keep the equipment in operation. 4 The Grievors also operate equipment to remove snow and ice from parking lots, walkways and entrance ways; apply sand and salt; and clear blocked drains. The evidence indicates that during the winter months, the Grievers are on call as snow and ice removal takes priority over other duties so that the campus remains accessible to students, staff and members of the public. In addition, the Grievors perform miscellaneous duties, including moving furniture and transporting equipment and materials between campuses. They also maintain indoor plants, which includes watering, trimming and applying fertilizer, and they take cuttings from existing plants which they transplant for indoor use. As well, the Grievers prepare the grounds for convocation and special events and assist with other maintenance functions. Prior to considering the factors in dispute, it is necessary to make certain general observations. Firstly, it is apparent that the classification of General Maintenance Worker applies equally to employees who predominantly work indoors as well as to those who work outdoors. Moreover, although the College maintained that the Grievers perform certain duties which are characteristic of a Caretaker B, there is, of course, some overlap in job functions and, by way of example, operating snow plows and related equipment appears on the guide charts for both the General Maintenance Worker and the Caretaker B classifications. However, the College determined that the Grievers' position appropriately belongs to the General Maintenance Worker job family and, in respect of the majority of factors, including factors such as training/technical skills, experience, complexity and judgement, the parties agreed to ratings applicable to the General Maintenance Worker classification. Moreover, I note that there is a significant correlation between the typical duties of the General Maintenance Worker as set out on the guide chart and those performed by the Grievers. In these circumstances, therefore, it must be clearly demonstrated that a departure from the ratings applicable to the General Maintenance Worker classification is warranted. Furthermore, although the College maintained that employees classified as General Maintenance Workers at payband 7 perform semi-skilled work in one of a number of skilled trades such as carpenter, plumber or electrician, it is to be noted that the skilled trades also include painter and nurseryman-landscaper. In this case, in addition to equipment repair and maintenance, which is admittedly semi-skilled work, the Grievers also perform some painting and carpentry work. Moreover, the P.D.F. indicates that they assist the Supervisor in diagnosing and treating diseased and/or infected turf, trees and shrubs. They must also be knowledgeable in tree/shrub trimming techniques; turf maintenance (including fertilizing, aerifying and irrigating) and the care of exterior and interior plants. I turn, then, to the factors in dispute: 1. Sensory Demand This factor measures the demand on mental energy and, in particular, the level of concentration required to perform tasks as well as the frequency of the requirement for careful attention to detail. Given the various job duties performed by the Grievors, including equipment repair and maintenance, painting, repairs to furniture, signs, fences, etc. as well as the operation of grounds equipment and, particularly, snow plows in the vicinity of students, staff and members of the public, I find that in this factor, the Grievors' position is appropriately rated at level 3. 2. Strain from Work Pressures/Demands/Deadlines As indicated previously, during the winter months, the Grievors are on call to perform duties relating to snow and ice removal. As well, they are interrupted from assigned duties to perform other tasks requiring a change in work priorities although it would appear that interruptions are usually predictable. While the rating in this factor is close to the line, in the circumstances, I am not persuaded that a departure from the rating for General Maintenance Worker is warranted. 3. Responsibility for Decisions/Actions The P.D.F. indicates that if the Grievors do not complete work assignments as scheduled, many people may be affected. Moreover, it has not been demonstrated that the impact of the Grievers' decisions or actions is less than that of other General Maintenance Workers, particularly as the Grievers perform a substantial number of the typical duties of the position. Accordingly, once again, I am not persuaded that there is an appropriate basis to depart from the rating for General Maintenance Worker. $ In the result, in respect of the factors in dispute, I find that the Grievors' position is appropriately rated as follows: Factor Rating Sensory Demand 3 Strain from Work Pressures/Demands/ Deadlines 3 Responsibility for Decisions/Actions 3 Based upon these ratings, the total points for the Grievors' position increase from 415 to 457 with the result that the position falls into payband 7. I remit the matter of compensation to the parties and remain seized to deal with this issue as well as for purposes of implementation of this award. DATED AT TORONTO, this 12th day of December, 1997. Sole Arbitrator