Loading...
HomeMy WebLinkAboutMonette Group 03-02-24IN THE MATTER OF AN ARBITRATION BETWEEN: ALGONQUIN COLLEGE ("the employer") and ONTARIO PUBLIC SERVICE EMPLOYEES UNION ("the union") AND IN THE MATTER OF A CLASSIFICATION GRIEVANCE RESPECTING ATYPICAL GENERAL MAINTENANCE WORKERS BEN KUSZTOS, WAYNE MARTELOCK, RHEAL MONETTE, GILLES FILLION (OPSEU #02D045) ARBITRATOR: lan Springate APPEARANCES: For the Employer: Janet Ross, Manager, Employment Services D. McCutcheon, Manager, Employee Relations For the Union: Claude Lacelle, Chief Steward HEARING: In Ottawa on January 29, 2003 2 DECISION INTRODUCTION On or about January 22, 2002 employees Mr. Ben Kusztes, Mr. Wayne Marteleck and Mr. Rheal Menette filed a group grievance. In the grievance they contended that they should be paid in accordance with payband 9. The employer classified them as Atypical General Maintenance Workers and paid them at the payband 8 level. The parties agreed to treat Mr. Gilles Fillien, who had been on sick leave when the grievance was filed, as one of the grievers. The parties agreed on the contents of a single position description form ("PDF") covering all four grievers. They also agreed that one person would give most of the evidence in support of the grievance but my decision would apply to all four grievers. The union selected Mr. Marteleck as the individual to give evidence. Mr. Marteleck is a lead hand with respect to the other grievers. The PDF states that the grievers perform semi-skilled work relating to building repairs and alterations and that they also maintain, repair and upkeep buildings, equipment, furniture and grounds. Among the many tasks that the grievers perform are the repair and installation of lock mechanisms in doors and cabinets, repairing panic bars, repairing equipment used by cleaning staff and installing access doors in walls and ceilings. The parties agree on the appropriate ratings for nine of the twelve job factors in the relevant job evaluation plan. They disagree on the remaining three factors, namely: sensory demand, strain from work pressures/demands/deadlines and independent action. Each of these is discussed separately below. SENSORY DEMAND This factor measures demand on mental energy while performing tasks. The job evaluation manual states that this factor gives consideration to, "the level or degree of concentration, i.e. visual, auditory, tactile or some other form of physical concentration on a mental process, and frequency of the requirement for careful attention to detail and accuracy." The employer gave this factor a level 3 rating worth 28 points. The union argues for level 4 rating, which is worth 39 points. The definitions for these levels as well as the associated illustrative classifications contained in the job evaluation manual read as follows: 3 3. Job duties require moderate visual, auditory, or sensory demand on mental energy and frequent careful attention to detail and accuracy. OR Job duties require considerable visual, auditory, or sensory demand on mental energy and occasional careful attention to detail and accuracy. OR Job duties require extensive visual, auditory, or sensory demand on mental energy and periodic careful attention to detail and accuracy. Clerk General C; Early Childhood Education Worker; Nurse; Secretary A, B, C; Skilled Trades Worker; SSO A, B, C, D; Technologist A, B, C 4. Job duties require considerable visual, auditory, or sensory demand on mental energy and frequent careful attention to detail and accuracy. OR Job duties require extensive visual, auditory, or sensory demand on mental energy and occasional careful attention to detail and accuracy. Bus Driver; Clerk General D; Switchboard Operator Mr. Martelock testified that the grievors take apart locks on doors and cabinets, including filing cabinets, in order to repair them. He noted that some of the pieces are quite small. The grievers' supervisor, Mr. Ray Dumeuchel, Manager of Buildings and Grounds, testified that a griever may spend up to an hour on a lock in order to ascertain the cause of a problem. The grievors visually inspect classrooms for items that need repair. These include things such as broken tables, chairs and projector screens. Mr. Marteleck testified that the grievers visually check equipment, including the belts and guards. He indicated that just about every day the grievers use power tools to cut metal or wood and they need to pay careful attention when doing so. He said that the grievers seldom do any snow plowing but when they do they have to watch where they are going. The position description form contains the following entries with respect to the factor of sensory demand: Close visual concentration is required when rebuilding door or repairing lock mechanisms as very small parts are involved which require close attention to detail and the need for accuracy. The incumbent must ensure 4 that the parts are installed or replaced properly. To do so, the incumbent must have good memory skills. Significant concentration and close attention to detail is required in the operation of hand and power tools to ensure personal and public safety. Concentration and close attention to detail is needed when checking or repairing equipment. Failure to do so could result in injury to the incumbent or other individuals utilizing the equipment (i.e., cleaning staff, other tradesmen, etc.) Visual and audio concentration is required when the incumbent is performing ground duties, he/she must be aware of what is around him/her, i.e., vehicles, pedestrians. Concentration is required when the incumbent is completing visual inspections of the buildings and facilities. The incumbent must be able to visually determine defects in furniture, fitments, etc., which are not normally apparent. Concentration is required when the incumbent is working with or mixing hazardous compounds used for carpet, tile installation. Task % of Time Door Locks/Repairs 35% Repairing/Checking Equipment, Buildings, Furniture 35% Correction of potential safety hazards 20% Concentration and close attention to detail when operating hand & power tools Snow Removal, Ploughing, etc 2% Both in a written brief and at the hearing the union relied on the fact that the grievors work extensively with small parts. The union spokesperson argued that the grievors must also constantly be wary of defects that are not apparent. He contended that a level 4 rating is the best fit for this factor because of the extra skills and visual concentration needed to perform fine adjustments to door locks and other mechanisms without assistance from skilled workers or technical/service manuals. 5 The entries in the PDF set out above and Mr. Martelock's evidence clearly establish that the grievors are required to pay frequent careful attention to detail and accuracy. This alone, however, is not sufficient to justify a level 4 rating. A level 4 rating also requires that the grievors' job duties involve %onsiderable" visual, auditory or sensory demand on mental energy. The wording of the definitions indicates that this is something different from a need to frequently pay careful attention to detail and accuracy. The definitions do not, however, give any indication as to the point at which a demand on mental energy becomes %onsiderable". A job evaluation guide chart for General Maintenance Worker contained in the job evaluation manual indicates that an employee in this classification is typically rated at level 3 for this factor. The parties, however, have agreed that the grievors' positions are atypical. At the hearing the spokesperson for the employer noted that a skilled trades worker is also typically rated at level 3. Indeed, Skilled Trades Worker is one of the illustrative classifications for a level 3 rating. The guide chart for Skilled Trades Worker lists the following responsibilities and typical duties associated with this classification: SUMMARY OF RESPONSIBILITY Incumbents perform skilled work in the installation, maintenance, repair and general upkeep of buildings, equipment, systems and facilities requiring voluntary certification by the Ministry of Education - Apprenticeship Branch. TYPICAL DUTIES Typical duties performed require the application of skills and sufficient knowledge and experience to qualify for a Certificate of Qualification or Certificate of Apprenticeship in skilled trades such as: General Carpenter, Commercial and Residential Painter, Brick and Stone Mason, Welder, Locksmith, Nurseryman-Landscaper. Typical duties performed require the application of skills and sufficient knowledge and experience to qualify for a Certificate of Qualification or Certificate of Apprenticeship in compulsory certified trades such as: Motor Vehicle Mechanic, Electrician, Plumber, Refrigeration and Air Conditioning Mechanic. 6 Given the nature of the grievers' duties it is noteworthy that the typical duties of a Skilled Trades Worker expressly refer to a general carpenter and a locksmith. Logically these and other skilled trades workers are frequently required to pay careful attention to detail and accuracy. This and the fact Skilled Trades Worker is an illustrative classification for a level 3 rating leads me to infer that the drafters of the job evaluation plan viewed the visual, auditory or sensory demand on mental energy required of a typical skilled trades worker as being moderate in nature. There is no reason to believe that the grievers experience a greater demand on mental energy than a typical skilled trades worker such as a carpenter or a locksmith. From this I conclude that although the grievers' duties require frequent attention to detail and accuracy the employer properly rated this factor at level 3. STRAIN FROM WORK PRESSURES/DEMANDS/DEADLINES This factor measures the strain associated with, or caused by, frequency and predictability of deadlines, interruptions, distractions and/or workloads, multiple and/or conflicting demands and/or dealing with people in difficult situations. The employer rated this factor at level 3 worth 28 points. The union argues in favour of a level 4 rating worth 39 points. The level definitions and illustrative classifications are as follows: 3. Job duties involve moderate work pressures or demands. INterruptions, changing deadlines, multiple demands occur regularly but are usually predictable. Occasionally, critical deadlines may occur. Clerk General C, D; Secretary A, B; SSO A, B 4. Job duties involve conflicting work pressures and frequent interruptions in werkflew. Work situations may be unpredictable with shifts in priorities and occasional critical deadlines. Secretary C; SSO C, D; Tech Support Specialist Mr. Marteleck testified that the grievers work on more than one job at a time. He gave the example of applying a coat of drywall compound and then doing other work while the compound dries before returning to apply another coat. He indicated that the grievers also take a similar approach when waiting a half-hour for glue to settle before laying floor tile. 7 Mr. Marteleck testified that the grievers have a heavy workload. At one point he said that the four grievers are now doing the work that 10 men used to do. He noted that the grievers must prioritize their work. He indicated that they begin work at 6:30 a.m. and any inspections and required classroom repair work, including painting, must be completed prior to the start of classes at 8:00 a.m. He said that at least once a day a griever will be called about an emergency situation such as a broken window, a door swinging in the wind or someone locked in an office. He testified that in such a situation the griever must drop whatever he is doing and immediately attend to the problem. Because of the grievers' workloads non-priority repair jobs might wait several days before being attended to. Mr. Marteleck testified that this results in complaints from other staff. Mr. Dumeuchel acknowledged that the grievers receive complaints. He said that he has instructed the grievers not to get into confrontations or take verbal abuse but rather to refer staff members and faculty who have complaints to him. Mr. Dumeuchel testified that overtime work is regularly scheduled in the week before school starts, including on weekends. Mr. Marteleck noted that the grievers always come in if called to deal with an emergency, such as a need to put plywood over broken windows in the middle of the night. The entries in the PDF for this fob factor read as follows: The incumbent is frequently involved in several projects at once, each having its own deadline and he has to change priorities daily to ensure that safety-related repairs are completed as soon as possible. The incumbent is frequently interrupted to complete urgent, safety-related repairs to ensure that they are completed so that the safety of staff/students is not compromised. With regard to some tasks, the incumbent must ensure that these are completed within a specified deadline, i.e., ensuring that roof, quarry tile, etc., is repaired prior to the facility being occupied. Incumbent is required at times to work overtime and on weekends. Incumbent may also be called in to complete tasks anytime during his off hours, i.e., in the middle of the night to complete emergency repairs to roofs, windows, doors, etc., or can be given last minute notice that he has to work overtime to complete emergency repairs. Incumbent's workload is heavy at times. 8 The incumbent may deal with people in stressful situations. Task % of Time Predictability Changing of Priorities/Emergencies60% Not Predictable Interruptions 30% Not Predictable Heavy Workload including deadlines10% Not Predictable In its written brief the employer set out the following submissions with respect to this factor: These positions require working on one or several projects at one time, depending on the need. Work orders are assigned to the employees, either on paper or verbally, depending on the situation. The individual may be interrupted to perform a more urgent task, however, these are usually emergency situations requested by the Lead Hand or Manager. When comparing these duties to the Job Evaluation Guide Charts, we find that this is accurately reflected under General Maintenance Worker (Appendix H). The College is satisfied that this factor is properly rated at Level 3. The grievors perform a number of the typical duties of a General Maintenance Worker listed in the applicable guide chart and the chart indicates that the strain on a typical employee in this classification justifies a level 3 rating. That does not, however, mean that the grievers necessarily encounter the same types of work pressures as will a typical General Maintenance Worker. In determining the proper rating for this factor the key determinants appear to be the predictability of work situations and whether they involve shifts in priorities. Central to this case is whether one characterizes the frequent interruptions and multiple demands faced by the grievers as being predictable and also whether giving priority to safety related repairs is appropriately described as acting in accordance with established priorities or as shifts in priorities. The PDF indicates how the parties jointly characterized these issues. It expressly refers to a need "to change priorities daily". It also states that emergencies, interruptions and heavy workload including deadlines are not predictable. In light of these agreed-on characterizations I conclude that in addition to frequent interruptions the grievers face unpredictable situations with shifts in priorities. This meets the criteria for a level 4 rating worth 39 points 9 INDEPENDENT ACTION This factor measures the independence of action and decisions required by a job. The job evaluation manual notes that controls can be in the form of supervision, policies, procedures or established practices. The employer contends that a level 3 rating worth 33 points is appropriate. The union argues for a level 4 rating worth 46 points. The level definitions and illustrative classifications are as follows: 3. Job duties are performed in accordance with general procedures and past practices under periodic supervision, with occasional periods of Supervisor input or verification. There is moderate freedom to act independently. Clerk General C, D; General Maintenance Worker; Microcomputer Operator B; Secretary A, B 4. Job duties are performed in accordance with procedures and past practices which may be adapted and modified to meet particular situations and/or problems. There is considerable freedom to act independently with Supervisor input or verification when requested. Library Technician B; Secretary C; SSO A, B; Technician C; Technologist B Mr. Dumouchel testified that in addition to his responsibilities involving the grievors he is also responsible for 23 full-time caretakers and over 50 contract caretakers. He indicated that he is not involved in any of the grievors' day to day activities although they come to him at times with issues and problems. Work orders are given to Mr. Martelock by "Priscilla". Mr. Martelock testified that he distributes the work among the four grievors based on which building a job is in. Each of the grievors looks after three major buildings. Mr. Dumouchel indicated that he followed the same procedure for distributing work prior to Mr. Martelock being appointed a lead hand. In its written brief the employer contended that priorities and deadlines are usually determined through the work order system. Mr. Martelock disagreed with this contention. He testified that although people are told when a job will be done, due to workload pressures the times given out are generally not adhered to. Mr. Dumouchel agreed with Mr. Martelock. He said that the dates given to people about when work will be done are generally not met unless there is a health or safety issue involved. 10 Mr. Martelock testified that the grievors generally set their own priorities and also schedule time each month to check fire extinguishers. Mr. Dumouchel testified that at times he will advise a grievor about an emergency situation and indicate that the grievor should reprioritize his work. Mr. Martelock testified that if a grievor should encounter a problem on a job he would contact the other grievors and together they would work out a solution. He indicated that the grievors only raise jobs with Mr. Dumouchel if they involve a major project or require ordering expensive parts. The evidence of both Mr. Martelock and Mr. Dumouchel was that all larger jobs are discussed with Mr. Dumouchel so that he and a grievor can jointly consider how best to do the work. They also indicated that Mr. Dumouchel might check the work when it is completed. Mr. Martelock testified that Mr. Dumouchel decides whether a grievor should report to work early in order to ensure that a job gets completed. Mr. Martelock testified that many of the tasks performed by the grievors appear to be repetitive but in fact they are not. He gave the example of changing or repairing a lock. He noted in this regard that there are many different types of door, desk and cabinet locks. Mr. Dumouchel characterized most, although not all, of the work performed by the grievors as repetitive. He commented that a newer building may contain a type of door that the grievors have not seen before, but it is still a door. Mr. Martelock testified that there are no manuals available to assist the grievors. In response to a question from the employer spokesperson he acknowledged that new locks do come with installation instructions but also noted that there are no instructions for older locks. Mr. Martelock agreed that chemicals that need mixing come with instructions. Mr. Martelock testified that at times the grievors build customized furniture for handicapped students. He said that they might perform this function two or three times in a month and then not do it again for some time. The type of work in question includes building higher than normal desks and chairs and building podiums on desks for students who need to write on an angle. The grievors also modify keyboards. Mr. Dumouchel referred to a case where seating had to be made to accommodate a 550- pound student. Mr. Martelock testified about a need to lower handles and hooks on lockers and to lower paper towel holders. He said that once or twice a year the grievors build a ramp. Mr. Martelock testified that orders for customized furniture are usually sent directly to Mr. Dumouchel but no matter how they are received they are always discussed with Mr. Dumouchel because of concerns about safety and the employer's potential liability. The PDF contains the following entries with respect to this factor. 11 Describe the kind of instructions that are required or provided at the beginning of a typical work assignment. Incumbent must complete visual inspections of buildings, roofs, furniture, and equipment and complete the required repairs and implement a maintenance schedule. The incumbent must set up a schedule to ensure that the inspection of fire equipment is completed in accordance with the standards set out under the Fire Safety Code. The incumbent must ensure that sufficient material/supplies is available so that urgent repairs may be completed. The incumbent is also provided with Written work orders or verbal instructions from the Manager. Tasks are completed without direct supervision unless there are complications or when extensive parts are required to complete a job. The Manager is informed when complications/expensive parts are required. The incumbent completes tasks in accordance with proven practices and procedures. However, these practices have to often be changed to complete a task, for example, building custom furniture, accessories for handicapped personnel. Such items have to be built to ensure that the individual's requirement for the custom-built item meets his/her specific needs. Incumbent has to determine how to build the required item without the benefit of past procedures or existing plans. The Manager approves the proposed plan of action recommended by the incumbent. Describe the procedures, policies and past practices that are available to serve as guidelines for typical work assignments and indicate for often they are referred to. Work is completed in accordance with blueprints, drawings, manufacturers' specifications, fire alarm evacuation procedures, repair procedures, fire and safety codes. Occasionally, the incumbent must complete repairs without the benefit of policies, procedures or past practices available. 12 Correct safety procedures are to be followed, particularly the Occupational Health and Safety Act. Appropriate personal safety equipment must be worn. The incumbent is accountable for ensuring that all maintenance/tasks are completed correctly, safely and in a timely manner to meet the requirements and expectations of the users. Repairs requiring costs or time allotment greater than expected are referred to the Manager. Any major repairs or health and safety concerns would be passed on the Manager. Indicate how regularly work is checked (i.e. several times daily, in process, weekly, monthly or at the completion of a project). Describe how the work is reviewed (i.e. by detailed review, by exception, by report or by discussion). For repairs that do not require a work order or for completing routine, regular maintenance, the incumbent does not complete paperwork or inform the Manager. The Manager upon completion inspects medium to large work projects/repairs. For work orders or inspections, the incumbent completes the required paperwork, signs work order and returns it to the Manager. Describe the duties that are the incumbent's responsibility where independent action requires initiative and/or creativity and indicate how often the duties occur. The incumbent is accountable for ensuring that all tasks are completed correctly, safely and in a timely manner to meet the requirements and expectations of the users. 13 Creativity is encouraged within the bounds of the budget and established standards and departmental policies. Identify the typical situations or problems that are normally referred to the Supervisor for solutions. Renovation problems which require a lot of time to complete. Purchasing parts/equipment/supplies. Communication with other departments. Problems that may interfere with the teaching process. The wording of the level 4 definition suggests that it relates to situations where a supervisor generally only becomes involved with an employee's work at the employee's request. In the instant case, however, any out of the ordinary situations, including major jobs or jobs requiring expensive parts, are expected to be discussed with Mr. Dumeuchel. According to the PDF Mr. Dumeuchel inspects completed medium to large work projects or repairs. This meets the criteria for a level 3 rating of occasional periods of supervisor input or verification. The definition for a level 4 rating states that procedures and past practices may be adapted and modified to meet particular situations and/or problems. Working with different types of locks, lowering lock handles, hooks and paper towel holders do not involve a need to adapt or modify procedures. Work such as building a customized desk, chair or podium, however, does involve a need to adapt procedures and practices. The PDF states that a griever ~has to determine how to build the required item without the benefit of past procedures or existing plans". The PDF also states that a griever %ccasienally... must complete repairs without the benefit of policies, procedures or past practices available". These considerations lead me to conclude that the grievers do at times adapt and modify procedures and past practices to meet particular situations and problems. From the above it is apparent that to a large extent the grievors' job duties fit within the level 3 definition. They are performed in accordance with general procedures and past practices with occasional periods of supervisor input or verification. Notwithstanding this, the grievers also at times adapt and modify procedures to meet particular situations and/or problems, a function expressly referred to in the criteria for a level 4 rating. 14 The job evaluation manual sets out guidelines to be followed when core point rating job factors. One guideline, which states as follows, addresses situations where there is not an exact match with a factor level definition: If a precise match of any one level is not possible, carefully analyze and interpret the description provided tbr each ~hctor level and determine the level which most accuracy reflects the integral functions of the position. It is clear from this guideline that it is not open to me to give a rating somewhere between levels 3 and 4. ln~qtead I must determine which level most accurately reflects the integral functions of the grievors' positions. As a starting point I note that the factor under comideration is labeled "independent action". The grievors' freedom of action is fairly circumscribed. They are expected to discuss anything out of the ordinary with Mr. Dumouchel. This includes plans for building customized furniture. In this regard the PDF notes that, "The Manager approves the proposed plan of action" for such fumitm~. Building customized furniture is not a regular function of the grievors' positions. These considerations lead me to conclude that the grievors' positions are more appropriately placed at level 3 than at level 4. Accordingly, I confirm the level 3 rating given by the employer. CONCLUSION The employer's rating of the grievors' position resulted in a point total of 553. My finding that a level 4 rating is justified for the factor of strain from work pressures/demands/deadlines raises the point total by 11 to 564 points. This is still within the 511-570 point range ofpayband 8. Accordingly the grievors' claim to be paid i~..~, cordance with payband 9 is dismissed. Dated this 24th day of February 2003.