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HomeMy WebLinkAboutDunstan 93-10-05 IN THE MATTER OF AN ARBITRATION BETWEEN: GEORGE BROWN COLLEGE - and- ONTARIO PUBLIC SERVICE EMPLOYEES UNION CLASSIFICATION GRIEVANCE OF P. DUNSTAN ROARD OF ARRTTRATION: JANE H. DEVLIN CHAIRMAN DAVID W. GUPTILL COLLEGE NOMINEE SHERRIL MURRAY UNION NOMINEE Jane Smale, for the College Pamela A. Chapman, for the Union OPS~U FII.R NO.: 92F854 HEARING DATE: September 29, 1993 The Grievor, Paul Dunstan, is classified as a General Maintenance Worker at payband 7 and seeks reclassification to payband 8. The factors in dispute are as follows: Factors College Rating Union Rating Job Difficulty C3 D3 Communications B2 C3 Working Conditions: Manual Effort D3 D4 Visual Strain C3 C5 Work Environment C5 D5 The Grievor works at the St. James campus where he assists Skilled Trades Workers in a wide variety of tasks including the maintenance of machinery such as motors and fans, changing filters, installing couplings om gas equipment, minor plumbing and furniture repairs and painting. Although the Grievor works primarily with the mechanic, the electrician and the plumber, from time to time, he also assists the painter and the carpenter. As well, the Grievor performs certain duties independently, including lighting maintenance which involves replacing fluorescent tubes, mercury vapour lamps, holders and 2 ballasts. The Grievor also works on switches when the electrician is in close proximity. As well, he prepares purchase recommendations for materials which he provides to the Lead Hand. On occasion, he also contacts suppliers directly with regard to the availability of lighting although he is not involved in ordering lighting or other materials. The Grievor's work assignments are allocated to him by the Lead hand and, when necessary, direction is provided by the ~appropriate Skilled Trades Worker. The Grievor also has contact with College staff, for the purpose of gaining access to various work locations and in the event of any difficulty, he contacts the Campus Manager. As well, he may assist contractors working at the College to locate particular items they require and on an infrequent basis, he demonstrates his work to students. The Grievor uses various tools in carrying out his duties, including saws which are located in the shop as well as a hammer drill and a number of hand tools. Although he has a cart to transport materials, he explained that he generally carries light bulbs and ladders by hand as only a 7 foot ladder can be carried on the cart. In the course of work, he also assists Skilled Trades Workers in moving items such as blackboards, furniture, motors and heavy sinks. 3 The Grievor performs the bulk of his work indoors although twice each year, he works on the roof in connection with the heating and air conditioning systems. On occasion, he may also work on the roof when assisting to repair a motor. As well, he works in the freezer or refrigeration areas where he assists the mechanic and he works in the plant room when assisting with motors repairs and maintenance. He also works in ventilation shafts where he is involved in changing filters and when assisting the plumber, he may be required to work in crawl spaces where the lighting is poor. The Grievor estimated that at least 2 to 3 times each week, he works on a ladder and, for the most part, he uses an 8 foot ladder. Occasionally, however, he uses a 10 to 12 foot ladder to change lighting in the weight room. He also uses an extension ladder when changing outdoor lighting and lighting in the stairwell. Occasionally, he uses scaffolding when working on gymnasium lighting or repairing chimney screens. When assisting the various Skilled Trades Workers, the Grievor is exposed to fumes from products such as paint, varsol, glycol, drain cleaner and contact cement. He is also exposed to dust when changing filters and when performing this work as well as when painting in enclosed areas, he wears a respirator. He also wears other protective equipment such as glasses, safety 4 shoes and gloves and when changing lighting in the gymnasium, he wears a safety harness. It is necessary, then, to consider the factors in dispute. 1 Job Difficulty The parties agree that in respect of the element of judgement, the Grievor's job is properly rated at level 3 but they disagree as to the rating for the element of complexity. As indicated previously, the' Grievor performs some of his work independently and also assists Skilled Trades Workers. In the Board's view, much of the work which the Grievor performs independently, particularly in relation' to lighting maintenance, is routine in nature and given that this accounts for a significant portion of his time, we find that his position is properly rated at level C in that his work involves various complex tasks that include both routine and non-routine aspects requiring different and unrelated processes and methods. 5 2. Communications: Dealing firstly with the element of purpose of contacts, the Board finds that, for the most part, the Grievor is not involved in providing guidance, instruction or technical advice, nor is he involved in interpreting policies or procedures which is characteristic of a rating at level C. In the result, the Board is not prepared to alter the present rating at level B. As to level of contacts, while the Grievor has some contact with employees at higher levels within the College, it would appear that his main contacts are with the Skilled Trades Workers whom he assists. Moreover, there is no indication that the Grievor has contact with employees at middle management levels outside the College and, accordingly, his position is appropriately rated at level 2. 3. Working Conditions In the element of manual effort~ both parties agree that the Grievor's job is properly rated at level D in that work requires heavy manual effort and physical exertion although they disagree as to the prevalence or extent to which such effort is required. 6 Having considered the evidence carefully, it is the Board's view that the Grievor is occasionally required to exert heavy manual effort and that he is not involved in extensive climbing, using heavy tools or machinery or lifting heavy materials to a sufficient extent to justify a rating at level 4. In the result, the rating in this element shall remain at level D3. As to visual strain, both parties agree that considerable visual concentration is required but, again, they disagree on the prevalence of the degree of visual strain. Taking into account the strain caused when performing duties relating to lighting maintenance as well as the requirement to focus on small objects when performing repairs and the necessity to work, from time to time, in poorly lit areas, the Board finds that the Grievor's position is properly rated at level C4. Finally, in the element of work environment, the Board agrees with the Union that the Grievor is exposed to very disagreeable working conditions to a sufficient extent to warrant a rating at level D. Moreover, taking into account the cumulative effect of his exposure to extreme cold and fumes, the requirement to work from heights with the attendant risk of ~n3ury together with his use of protective equipment, the Board finds that in this element, the Grievor's position is appropriately rated at level D3. In summary, in respect of the factors in dispute, the Board finds that the Grievor's position is properly rated as follows: Job Difficulty C3 Communications B2 Working Conditions: Manual Effort D3 Visual Strain C4 Work Environment D3 Based upon these ratings, the total points for the position increase from 456 to 462. As this does not result in a change in payband, the grievance of Mr. Dunstan is hereby dismissed. DATED AT TORONTO, this 5th day of October, 1993. Chairman "David W. Guptill" College Nominee "Sherri! Murray" Union Nominee