Loading...
HomeMy WebLinkAboutBoyd 97-12-19 IN THE MATTER OF AN ARBITRATION - and - ONTARIO PUBLIC SERVICE EMPLOYEES UNION CLASSIFICATION GRIEVANCE OF RICK BOYD JANE H. DEVLIN SOLE ARBITRATOR APPEARANCES FOR THE COLLEGE: SHEILA WILSON MARION DIETZE APPEARANCES FOR THE UNION: LOUISE WATT RICK BOYD OPSEU FILE NO.: 97E017 HEARING DATE: DECEMBER 5, 1997 The Grievor, Rick Boyd, is presently classified as a Caretaker B at payband 4 and seeks reclassification as a Caretaker, Atypical at payband 5. The parties agreed on the content of the P.D.F. and the factors in dispute are as follows: Factor College Rating Union Rating Physical Demand 3 4 Sensory Demand 2 4 Strain from Work Pressures/Demands/ Deadlines 2 4 Work Environment 3 4 Although there was also initial disagreement regarding the rating in the factor of motor skills, at the outset of the hearing, the College advised that it was prepared to agree to the rating proposed by the Union at B2. The Grievor is assigned to the main campus of the College and for one and one-half hours at the outset of each day, he cleans and vacuums a 2 lecture theatre and two computer laboratories. Prior to the end of his shift, he also picks up mail from the mail room which he delivers to the Post Office using a College vehicle. In the absence of another employee, he may also be required to collect mail. Apart from these duties which are performed daily, there are two components to the Grievor's position. The first component is performed Monday, Wednesday and Friday and involves porter duties which entail moving furniture, equipment and supplies to various locations of the campus. Dollies or carts may be used to perform this work and heavy items are transported by more than one employee. Most of the work is performed indoors although some items may transported between buildings. When carrying out this work, the Grievor may be paged by the control centre to perform other duties such as cleaning up spills or broken glass. He may also be required to pick up refuse; assist in receiving goods or emptying garbage. During the winter months, the Grievor may be required to shovel snow from sidewalks and entrances. Occasionally, the Grievor may be paged to deliver or pick up items at a satellite campus or within the City of London. Once a month and perhaps more frequently during the summer months, the Grievor loads 3 or 4 containers of scrap metal onto a College vehicle and 2 to 3 times each year, he drives the vehicle to the scrap yard. On Tuesday and Thursday each week (and on one of the two days during the months from mid-May to mid-August), upon completion of his initial cleaning duties, the Grievor reports to the Receiving Department where he loads equipment, supplies and mail onto a College vehicle. He then proceeds to the bookstore where he obtains purchase orders and books and from there, drives to satellite campuses which are located in Woodstock, Simcoe, Tillsonburg and St. Thomas. In some cases, he makes more than one stop in each location where he unloads items to be delivered and loads items to be delivered to other locations. Interruptions in the Grievor's work schedule during the course of the day are infrequent. Upon his return to the main campus, the Grievor may deliver items to the library or the bookstore before returning to the receiving area where he unloads the vehicle. He then delivers mail to the Post Office and returns the vehicle to the control centre. When using a College vehicle, the Grievor conducts a visual inspection of the vehicle, which includes checking the lights and tires. Once a week, he refuels and completes a vehicle inspection report. He also reports any problems with the vehicle to his Supervisor, Marion Dietze, Manager, Ancillary Services. Although the Grievor is assigned to the Receiving Department on other occasions, apart from his regular assignment on Tuesday and Thursday, in those instances, he replaces employees who are absent due to vacation and 4 where the assignment is for more than one day, he is remunerated at a higher rate of pay. Accordingly, the performance of this work is not properly considered in evaluating the Grievor's position. I turn, then, to the factors in dispute: 1. Physical Demand This factor requires consideration of the type, duration and frequency of physical effort as well as the strain resulting from rapid or repetitive fine muscle movements or the use of larger muscle groups and the lack of flexibility. In this case, the Grievor moves furniture, equipment and supplies to various locations of the main campus on Monday, Wednesday and Friday and, in addition, loads and unloads a vehicle in the course of performing his duties on Tuesday and Thursday. In respect of these duties, there is no doubt that the Grievor is required to move heavy items such as desks, tables, bookcases and filing cabinets and, in the course of this work may, from time to time, be in awkward or uncomfortable positions. However, he also transports supplies, delivers mail and performs cleaning duties. As well, on Tuesday and Thursday, some of his time is spent driving. 5 In fact, the P.D.F. indicates that moving furniture and supplies both within the main campus and satellite campuses accounts for only 30% of the Grievor's time. 35% of the Grievor's time involves caretaking duties such as cleaning, washing, vacuuming, garbage and litter pick-up and a further 30% involves the collection and delivery of mail. In the result, while the Grievor certainly performs some duties involving heavy physical effort, it cannot be said that such demand is required "most of the day" so as to warrant a rating at level 4 as proposed by the Union. Instead, I find that the position entails recurring periods of moderate physical effort or heavy physical effort for part of the day. In these circumstances, therefore, the position is properly rated at level 3. 2. Sensory Demand This factor measures the demand on mental energy and, in particular, the level of concentration required to perform tasks and the frequency of the requirement for careful attention to detail. The P.D.F. indicates that the Grievor must be alert when moving furniture, equipment and supplies to ensure the safety of students, staff and members of the public. Moving furniture, equipment and supplies, however, are among the typical duties of both Caretakers ^ and B and these classification are rated at level 1 in the factor of sensory demand. Nevertheless, in this case, the Grievor also drives a College vehicle and on this basis, there would appear to be no dispute that a higher rating is warranted. Although the Union maintained that the position ought to be rated at level 4, I note that the bulk of the Grievor's driving occurs on Tuesday and Thursday (and on one of the two days during the summer months). Apart from mail delivery, the Grievor is rarely engaged in driving on Monday, Wednesday and Friday. In fact, the P.D.F. indicates that driving accounts for approximately 25% of the Grievor's time. Accordingly, in the circumstances, I cannot conclude that a rating beyond level 2 is warranted. 3. Strain from Work Pressures/Demands/Deadlines This factor measures the strain related to the frequency and predictability of deadlines, interruptions, distractions and/or workloads, multiple and/or conflicting demands and/or dealing with people in difficult situations. The P.D.F. indicates that the Grievor may be involved in more than one project or assignment at one time and that meeting deadlines may be difficult depending on pages. However, deadlines are usually predictable and interruptions to work flow occur only 10% of the time whereas unscheduled trips and deliveries occur 5% of the time. Accordingly, while the Grievor's position ? clearly involves some work pressure, I am not persuaded that it is comparable to positions rated at level 3. The position, therefore, is properly rated at level 2. 4. Work Environment Under this factor, consideration is given to the probability or likelihood of exposure to disagreeable elements, the nature of the elements, the length of exposure and the requirement for travel. In this case, the P.D.F. provides that the Grievor is exposed to noise, dirt, dust and variances of temperature inside and outside. He is also exposed to the elements and to poor weather conditions when loading and unloading trucks, taking out garbage, shovelling snow and performing other maintenance duties. Exposure to these elements occurs more than 60% of the time. In addition, the Grievor is exposed to winter driving conditions 15% of the time. Although the Union maintained that a rating at level 4 is warranted as the Grievor is exposed to moderately disagreeable elements more than 60% of the time, a rating at this level requires "continuous" exposure to such elements. While under the previous classification system, the term "continuous" was defined as "more than 60% of the time", under the present plan, the terms "occasional", "recurring" and "continuous" are used elsewhere to refer to "part" of the day, "most" of the day and "all the time", respectively. Moreover, although percentages are attached to the requirement for travel, the same cannot be said of exposure to disagreeable elements. In the result, while some clarification may be required in this area, giving the term "continuous" its ordinary meaning and applying the term as it is used elsewhere in the plan, I cannot conclude that the Grievor's position entails continuous exposure to moderately disagreeable elements. Instead, there is certainly some exposure to slightly disagreeable elements and overall, there is recurring exposure to moderately disagreeable elements. Accordingly, in this factor, the position is appropriately rated at level 3. In the result, I find that in respect of the factors in dispute, the Grievor's position is properly rated as follows: Factor Rating Physical Demand 3 Sensory Demand 2 Strain from Work Pressures/Demands/ · 9 Deadlines 2 Work Environment 3 Based on these ratings, the total points for the Grievor's position increase from 271 to 274. As this does not result in a change in payband, the grievance of Mr. Boyd is dismissed. DATED AT TORONTO, this 19th day of December, 1997. Sole Arbitrator ARBITRATION DATA SHEET - SUPPORT STAFF CLASSIFICATION College: ~-~Fl~c~_. Incumbent: ~iCK. '~D Supervisor: Present Classification: Q/5~,E:I~/~ I<ET~ ,~ and Present Payband:. Job Family and Payband Requested by Griever: Q,~AE~-i'~K,E/~ ~-r'~'P~c~J- P//~ 1. Position Description Form Attached 2. El/The parties agree on the contents 'of the attached Position Description Form OR [] The Union disagrees with the contents of the attached Position Description Form. The specific details of this \ disagreement are as follows: (use reverse side if necessary) FACTORS MANAGEMENT UNION ARBITRATOR Level Points Level Points Lavel Points 1. Training/Technical Skills ( I ~ J J ~ I 13 2. Experience 2- 2..~ 2- :Z-O 2 20 3. Complexity 2_ ~ ~- '2_ -~_ ~ 2 .25 4. Judgement 2.. .~ (5 2. ~ O 2 30 5, Motor Skills ~ 1 '7 j~ ~ · | O ]32 10 6. Physical Demand ,~ ~ ~ L~ ~ 3 28 7. Sensory Demand ?_. ! ~ ~- ~ 2 16 8. Strain from Work Pressures/Demands/Deadlines ~ ]~ L~ ~ 2 16 9. Independent Action 7_ J ~ :2- jc~ z 19 10. Communications/Contacts I 11. Responsibility for Decisions/Actions 2. 2-(~ ~_ ~ (~ 2 .26 12. Work Environment ~ ~ ~ /-~ -7 -7 '3 55 PAYBAND/TOTAL POINTS I ~~ I 274 JOB CLASSIFICATION (.~.-T'K.~:) /~/~ ~ ~'/'/~ /:)/~ 5 ~ B P/B4 ATTACHED WRITTEN SUBMISSIONS: [] The Union [] The College FOR_T. HE UNION, ~ . ~ FOR MANAGEMENT ~(G.~.e.~.~r, i/~Z/ [Dat~)' ./ (Co,l.~. Represent ative, (Date, l~¢d'n ie~n Representative) (Date) ' DR, ARBITRATOR'S USE: ' '/~j~ ~.~ ~ December 5, ~9'97 Dece_mbe~ ~9, 1997 (Arbitrator's Signature~ (Date of Hearing) (Data of Award) 93-12-09 b:datasheet.doc