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HomeMy WebLinkAboutGrieve 98-12-11BETWEEN: ONTARIO PUBLIC SERVICE EMPLOYEES' UNION, LOCAL 109 (hereinafter called the Union) - and - FANSHAWE COLLEGE OF APPLIED ARTS AND TECHNOLOGY (hereinafter called the College) - and - CLASSIFICATION GRIEVANCE OF HAROLD GRIEVE (hereinafter called the Grievor) SOLE ARBITRATOR PROFESSOR IAN A. HUNTER APPEARANCES: FOR THE UNION: Ms. Louise Watt, Chief Steward FOR THE COLLEGE: Ms. Sheila Wilson, Personnel Officer AN EXPEDITED ARBITRATION HEARING WAS HELD IN LONDON, ONTARIO ON NOVEMBER 23, 1998 1 AWARD (1) Introduction The grievance of Mr. Harold Grieve is dated April 7, 1997 and alleges improper classification as a Mechanical Technologist (Atypical), Payband 12. The remedy sought is reclassification to Mechanical Technologist (Atypical), Payband 13. An expedited arbitration hearing was held at Fanshawe College, London, Ontario on November 23, 1998. (2) Overview of Position The Mechanical Technologist position is part of the Design and Construction Planning team within the Facilities Management Department. Under the direction of the Department Manager, Mr. Ken Magoon, the incumbent is responsible for both maintenance and renovation work, specifically involving HVAC (Heating, Ventilation and Air Conditioning), mechanical and electrical related activities associated with construction, renovation, maintenance and energy management projects. The incumbent works as part of a team, which includes team leaders in Architectural Services, and project coordinators in the architectural, mechanical and electrical areas. 2 (3) The P.D.F. (Exhibit 2) The P.D.F. before me is dated April 11, 1997 (Exhibit 2). This was the P.D.F. in effect as of the Step 2 meeting between the parties. I was informed that there have been subsequent revisions to the P.D.F. which may address some of the issues raised in the Union brief to me. However, since these issues were the subject of viva voce evidence at the arbitration hearing, I will give my view below. (a) Position Summary The Grievor alleged that the word "supervises" should be added to the P.D.F.; the P.D.F. should be expanded from mechanical and electrical activities to also include "architectural" activities; and, an additional sentence should be added: "The incumbent provides a high level of technical expertise, assistance and advice to the Facilities Management Department in regard to the daily operation of the facilities". On this point, I prefer, and accept, the evidence of Mr. Magoon: that to the extent the Grievor "supervises" (i.e. outside contractors at the satellite campus) this is embraced within the word "coordinating"; that while the Grievor has had some architectural activities in the 3 last year, that is because the Facilities Management Department operates on a "team" approach. The Grievor does not have primary responsibility for architectural activities. With respect to the proposed additional sentence, Mr. Magoon testified that this sentence is implicit in the current Position Summary, and that the Grievor provides no higher degree of technical expertise in his area (HVAC, gas, etc.) than do the other project coordinators. Accordingly, I recommend no change in the Position Summary. (b) Duties and Responsibilities The Union brief sought, and the Grievor testified to, additional paragraphs that he considered should be added to his job description. No P.D.F. can be exhaustive. I am satisfied that the April 11, 1997 P.D.F. provides a fair and accurate summary of the duties and responsibilities of the position. (c) Training/Technical Skills Again, the Grievor proposed additions to this section. However, I am satisfied that the April 11, 1997 P.D.F. 4 provides an accurate, succinct statement of the minimum levels of independent study, formal education, internal and external training programs, and apprenticeship courses necessary to fulfil the position. Consequently, I recommend no change in this section. (4) Job Factors Agreed Upon The parties are agreed on the following job factors, their level and points: Factor Level Points Motor Skills C3 25 Independent Action 5 60 Communications/Contacts 4 124 Work Environment 3 55 (5) Job Factors in Dispute (a) Training/Technical Skills This factor measures the minimum amount of independent study, formal education, internal and/or external training programs, professional or technical courses, or apprenticeship programs necessary to fulfil the requirements of the position. 5 The College has classified this factor Level 6: "Required skills normally acquired through attainment of a three year Community College diploma, or a three year undergraduate University degree, or equivalent. Job duties require the ability to organize complex statistical information and/or understand the elementary principles of a science or a professional discipline." The Union proposes Level 7: "Required skills normally required through attainment of four year undergraduate University degree or higher, or equivalent. Job duties require the ability to understand and apply complex principles of a science or a professional discipline." The manual indicates that Level 5 should be assigned when application of the skill and knowledge of a compulsory certified trade is required. The P.D.F. indicates the requirements for the position to be as follows: HVAC CAAT diploma and HVAC Journeyperson Certification. Certified in CFC/HCFC/HFC controls. Gas fitter certification or equivalent training in the design of gas fired systems. Completion of relevant health and safety training program. 6 Nothing in the P.D.F., nor in the Grievor's own evidence, suggested a Level 7 requirement. There was no indication from anyone that a four year undergraduate university degree, or equivalent, would be required for this position. Rather, the evidence of both the Grievor and his Supervisor, Mr. Magoon, indicated that the P.D.F. description is precisely what the Employer would be seeking as minimum qualification for this position. Accordingly, I hold that Training/Technical Skills is properly rated Level 6, 110 points. (b) Experience This factor measures the amount of practical experience in any related work necessary to fulfil the requirements of the position. The College has rated this factor Level 5: "More than five years and up to eight years of practical experiences." The Union seeks a rating for this factor of Level 6: "More than eight years of practical experience." 7 The P.D.F. indicates a minimum of five years practical experience, after Journeyperson status. The only evidence which might possibly support the Union's position is the fact that a 1994 Job Description indicated ten years experience. However, Mr. Magoon explained that the Facilities Management Department subsequently moved to a "team" approach in which project leaders had primary responsibility for certain areas, but could call on the expertise of cognate areas. The Grievor's primary expertise is in the area of HVAC and gas fitting. He can call upon parallel expertise in architecture, electrical, and other specialized trades. Consequently, the College changed the experience requirement to five to eight years. I accept Mr. Magoon's evidence that this is the minimum experience required for this position. Accordingly, I hold that Experience is correctly rated at Level 5, 57 points. (c) Complexity This factor measures the amount and nature of analysis, problem-solving, and reasoning required to perform job- 8 related duties. It measures the conceptual demands of the job as characterized by: - analysis and interpretation required for problem and solution definition, - creativity, - mental challenge, - degree of job structure, - planning activities, and - the variety and difficulty of tasks. The College has rated this factor Level 5: "Job duties require the performance of complex and relatively unusual tasks involving specialized processes and/or methods." The Union seeks a rating at Level 6: "Job duties require the investigation and resolution of a variety of unusual conditions involving the adaptation and/or development of specialized processes and methods." The P.D.F. provides a quite detailed statement on Complexity; however that statement is consistent with either Level 5 or Level 6. Consequently, I must resolve this issue based on the oral evidence. 9 When I asked the Grievor what was the most complex and diversified task in which he had been involved, he replied the energy management project. The College had determined that the gas and electrical bills were too high. The Grievor was given the assignment of reducing them. He explained in detail what was involved in doing this. The job involved applying specialized processes or methods to the task of cost reduction. Nothing in the Grievor's evidence indicated to me that he was required to "adapt and/or develop specialized processes or methods". Mr. Magoon's evidence was that there were two essential aspects to the position in question: (1) Renovation, and (2) Maintenance. Renovation requires the incumbent to change space to meet new College requirements; for example a former classroom might be turned into a computer lab. Maintenance requires the incumbent (a) to be able to perform maintenance work within his own specialities, and (b) to supervise outside contractors performing maintenance work at the satellite campuses. 10 With regard to the energy conservation project, Mr. Magoon testified that the Grievor had to apply the principles of energy conservation but he did not have to adapt or develop specialized processes or methods. I asked Mr. Magoon directly if he was satisfied that Level 5 adequately addressed the complexity of the position; he replied "Oh, yes". I am likewise satisfied. Accordingly I find that the correct rating for Complexity is Level 5, 74 points. (d) Judgement This factor measures the independent judgement and problem-solving required on the job. It assesses the difficulty in identifying various available choices of action and in exercising judgement to select the most appropriate action. It also considers mental processes such as analysis, reasoning, or evaluation. The College has rated this factor Level 6: "Job duties require a high degree of judgement. Problem-solving involves adapting analytical techniques and development of new information on various situations and problems." 11 The Union proposes rating Judgement at Level 7: "Job duties require a high degree of judgement. Problem- solving involves originating new techniques and utilizing them in the development of new information." In answer to a specific question, Mr. Magoon testified that the incumbent is not required to "originate new techniques" nor to "develop new information". When I questioned the Grievor on the Judgement factor none of the examples he gave suggested to my mind a Level 7 rating. From the P.D.F., and from the oral evidence °f both the Grievor and his Supervisor, I have concluded that this factor is correctly evaluated at Level 6, 102 points. (e) Physical Demand This factor measures the demand on physical energy required to complete tasks. Consideration is given to: - the type and duration of physical effort, - the frequency, - strain from rapid and repetitive fine muscle movements or the use of larger muscle groups, lack of flexibility of movement. 12 The College has classified factor Level 2: "Job duties require some physical demand ... occasional moderate physical effort." The Union proposes Level 3: "... regular physical demand ... occasional periods of heavy physical effort." When I asked the Grievor to give me an instance of physical demand, he mentioned that he had to carry a ladder for three days on one project (tracing pipes in the air system). The project took approximately three months. The Grievor also mentioned that on occasion he had to "crawl in the ceiling spaces to ensure contractors have done their job". I would classify this as "occasional moderate physical effort". There was no doubt, both from the Grievor's evidence and the evidence of his Supervisor, that the physical demand in this position is adequately embraced by Level 2, 16 points. (f) Sensory Demand This factor measures the demand on mental energy while performing tasks. 13 The College has rated this Level 3: "... moderate ... demand on mental energy and frequent careful attention to detail and accuracy .... " The Union seeks Level 4: "... considerable ... demand on mental energy and frequent careful attention to detail and accuracy .... " The P.D.F., and the evidence of both the Grievor and the Supervisor, Mr. Magoon, support the College's classification at Level 3, 28 points. (g) 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 College has rated this Level 4: "Job duties involve conflicting work pressures and frequent interruptions in workflow. Work situations may be unpredictable with shifts in priorities and occasional critical deadlines." 14 The Union seeks to have this factor rated Level 5: "Job duties involve continuous work pressures and unpredictable interruptions in workflow. Numerous conflicting demands and tight deadlines occur frequently." The Grievor testified that approximately fifty percent (50%) of his workload is subject to deadlines. He testified that many of the deadlines are unpredictable, and that emergency situations (e.g. flooding) occur occasionally and require immediate response. Mr. Magoon testified that most of the work required in the position is "pretty predictable" and that the deadlines usually have "one or two months' notice". Mr. Magoon testified that ten percent (10%) of the work would be subject to unanticipated, critical deadlines. Level 4, 39 points, properly evaluates this factor. (h) Responsibility for Decisions and Actions This factor measures the impact on internal and public relations, the responsibility for information management, equipment, assets and records, and the consequences of decisions and/or actions. 15 The College has rated this factor Level 4: "Decisions and/or actions have considerable impact on the organization. Errors are detected after the fact and may result in considerable interruption and delay in work output and waste of resources." The Union proposes Level 5: "Decisions and/or actions have significant impact on the organization. Errors are difficult to detect and result in a significant waste of resources and continuing influence on operational effectiveness." I heard no evidence from the Grievor which would support a Level 5 rating, except his view that he was personally liable in the event of an Occupational Health or Safety Act infringement by an outside contractor at one of the satellite colleges. Mr. Magoon had a different interpretation of the Act and did not consider that the Grievor would be personally liable. The Grievor does have the authority to hire and fire outside contractors at the satellite colleges on projects less than one thousand dollars ($1,000.00). There is no doubt that negligent or unsafe work on their part could 16 result in potential liability for the College. Likewise, shoddy work could result in considerable interruption and delay in the education mission of the College. Ail of these considerations are adequately embraced at Level 4, 62 points. (6) Arbitrator's Evaluation of Position Factors Level Points Training/Technical Skills 6 110 Experience 5 57 Complexity 5 74 Judgement 6 102 Motor Skills C3 25 Physical Demand 2 16 Sensory Demand 3 28 Strain from Work Pressures/ Demands/Deadlines 4 39 Independent Action 5 60 Communications/Contacts 4 124 Responsibility for Decisions/ Actions 4 62 Work Environment 3 55 Total 752 Payband Level 12 (7) Decision I hold that the position in question is correctly classified as Mechanical Technologist - Technologist, Payband 12, Atypical. Accordingly, the grievance before me (Exhibit 1) is dismissed. 17 Dated at the City of London this/~day of ~~~ , 1998. (' Prb~e~sor Ian A. Hunter x~~rbitrator