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HomeMy WebLinkAboutStanley, Wisem 88-08-02BETWEEN: ONTARIO PUBLIC SERVICE EMPLOYEES UNION (hereinafter called the Union) - and - SENECA COLLEGE (hereinafter called the Employer) - and - CLASSIFICATION GRIEVANCES OF DAVID STANLEY AND DOUG WISEMAN SOLE ARBITRATOR Professor Ian A. Hunter APPEARANCES: FOR THE UNION: Mr. Harry Karelas, Union Representative Mr. Eugene Wilson, Chief Steward Mr. Charlie Suma, Vice-President Classification FOR THE COLLEGE: Ms. Angela Williams, Personnel Mr. John Coulter, Supervisor Mr. Mel Fogel, Director of Employee Relations AN ARBITRATION HEARING WAS HELD AT SENECA COLLEGE IN TORONTO, ONTARIO ON FEBRUARY 1, 1988. AWARD The Grievors, Doug Wiseman and David Stanley are ~ Maintenance Handymen at Seneca College. Their positions are currently rated at 467 points, pay band 7. There is one issue with respect to the Position Description Form. The Union proposes the addition (under Supplemental Data) "courses taken by incumbents to further his knowledge in this position are: (1) landskeeping, garden (2) small engine repairs". Both Grievors have taken (or are currently taking) such courses. However, it is a position, not an incumbent, that I am required to classify. The evidence did not establish that Successful completion of courses would be a prerequisite to employment as a Maintenance Handyman. Consequently, I direct no change to the current Position Description Form. The arbitration data sheet reveal that there are three factors in dispute. Rating College Evaluation Union Evaluation Job Difficulty C3 D3 Knowledge: Training and Experience C3 D3 Working Conditions - A5 C5 Visual Strain From the evidence of Mr. David Stanley, the Maintenance Handyman position involves two primary kinds of duties: (1) groundskeeping; and (2) engine repair and maintenance. (1) Groundskeeping The evidence established that the incumbent looks after all lawns, gardens, trees and shrubs at the College. This involves grass cutting, pruning trees and shrubs, and spraying herbicides and insecticides. The Maintenance Handymen maintains filtration systems in the pool. They maintain the parking lots. In the winter they are responsible for all snowplowing on the College property. (2) Engine Repair and Maintenance The Grievors maintain a fleet of equipment (including dump trucks, tractors, front end loaders, and smaller machinery such as lawn mowers, hedgers, weed eaters, etc.). This involves regular servicing as well as repair of malfunctions. Unless the machinery is covered by a warranty, "if something goes wrong with it, we'll repair it". If the equipment at one of the satellite campuses malfunctions, a Maintenance Handyman may be dispatched there to effect the necessary repairs; alternatively, if the problem is major, the equipment may be brought back by truck and repaired at the Newnham Campus. In addition to routine maintenance and tune-ups, the Grievors' repair work on College equipment requires body work, carpentry, welding, and engine repair "trouble shooting". Allowing for seasonal variations, Mr. Stanley described the second function (i.e. engine repair and maintenance) as occupying more time than the first function (i.e. groundskeeping) but this evidence was vigorously and conclusively refuted by Mr. John Coulter, the Director of Physical Resources. For the years 1985 and 1986, Mr. Coulter had a study conducted of both the log books (which record, or should record, the projects on which the Maintenance Handymen are engaged) and, as a crosscheck, the expenditure accounts on supplies and materials. This evidence, which I prefer to Mr. Stanley's testimony, cast doubt upon much of Mr. Stanley's evidence and, in particular, on his assertion that the engine repair and maintenance function was the primary aspect of the job. Without commenting further upon the general evidence relating to the position, I record that I am satisfied from the evidence that all aspects of the work testified to by Mr. Stanley, in whatever proportion they actually occur, fall properly within these words in the "Job Family" definition: "Semi-skilled work in tasks usually associated With one or more of the skilled trades in the installation, maintenance, repair and general upkeep of buildings, grounds, equipment and facilities". Turning now to the three specific job factors in dispute, I summarize my conclusions as follows: (1) Job Difficulty The College rates these positions at C3. The Union submits that the proper rating is D3. In considering Complexity, the issue between the parties is whether the complex tasks which the Grievors are required to perform are (a) "varied" and (b) "normally" require different and unrelated processes and methods. The evidence established that some of the Grievors' repair work is complex, but it is repetitive and routine in nature. That is, repair of a clutch may be a "complex" operation, but it is repaired by following the same essential routine time after time. Any unanticipated problems are usually answered by a Manual. Mr. Stanley testified: "Very rare will I have a problem fixing anything. It's all straightforward as far as I'm concerned". From the evidence, only rarely would "different and unrelated processes and methods" be required in problem solving. I accept Mr. Coulter's characterization of the maintenance function as "routine, semi-skilled minor maintenance work on internal combustion engines". Nor does the Groundskeeping element of the job warrant any change in the job difficulty from C3 to D3. Here the range of tasks (cutting grass, pruning, spraying) may be diverse but they are neither complex nor normally require different and unrelated processes to solve. I hold that the Grievors are properly classified at C3. (2) Knowledge-Training and Experience The College has classified the position C3. Required ~kills are normally obtained by secondary school graduation or equivalent and up to three years practical experience. The Union seeks reclassification at D3: secondary school graduation plus five years practical experience. This factor gave me some difficulty. Obviously the Grievors perform a diverse variety of handyman jobs. As Mr. Stanley testified: "In our jobs we have to know a little bit of everything". The issue is, how long after secondary school would it take to acquire the practical experience necessary to satisfy the minimum entrance requirement? I have read, and adopt, the Notes to Raters which tell me not to regard the actual training and experience which the incumbents have (and in both cases they had less than three years practical experience after secondary school and prior to hiring) nor the desirable qualifications (and obviously the more practical experience the better). After weighing all of the evidence, I am not satisfied, on a balance of probabilities, that the present classification is incorrect. Consequently, I direct no change from C3. (3) Working Conditions: Visual Strain The Grievors are currently classified A5 - normal visual concentration required more than 60% of the time. The Union submits that the proper classification is C5: "Considerable visual conCentration required. Required to focus on Small areas and objects for up to two hours at a time". The only evidence proffered in favour of the Union's submission was (a) eye strain during extended nighttime snowplowing, (b) "squinting" in the sun while cutting grass, and (c) wearing eye protectors while spraying insecticide or welding. I note first that none of these tasks, singly or cumulatively, amount to anything like sixty percent of the Grievors' working time. The nighttime snowplowing, while it does require considerable visual concentration, occurs a handful of times a winter. Mr. Coulter described it as "a minor decimal point in the overall time spent on the job". The "squinting" during grass cutting I consider to be "normal" visual concentration on a sunny day. And the wearing of eye protectors, while cumbersome, does not alter the concentration required. Consequently, I direct no change from the present A5 classification. I append a rating sheet for this position. The Grievances of Messrs. Stanley and Wiseman are hereby dismissed. DATED at the City of London this ~day of ~~ , 1988.  essor Ian A. Hunter Arbitrator