HomeMy WebLinkAbout1989-1838.Johnston.91-08-19 ONTARIO EMPLOYES DE LA ¢OU~ONNE
CROWN' EMPLOYEES DE L'ONTAR$O
GRIEVANCE CQMMISSlON DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
180 DUNOA$ STREET WEST, SUITE 2100, TO~'ONTO, ONTARIO. MSG ~Z8 TELEPHONE/Tr/:'L~PHONE: .f475) 325~ ;388
1~0, RUE OUNDAS OUEST, 8UREAU 2]O0, TORONTO (,ONTAR~O)~ MSG IZB FAC$IMILE/TC/'L~COPIE .' [4;'6) 326-1396
1838/89
IN THE MATTER OF ~-N~%EBITRATION
Un,er
THE CROWN EHPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEV]%NCE SETTLEMENT BOARD.
BETWEEN
OPSEU (Johnston)
~rievor
The Crown in Right of Ontario
(Ministry of Transportation)
Employer
BEFORE: R. Verity Vice-Chairperson M. Vorster Member
F. Collict Member
FOR THE R. Stephenson
GRIEVOR Counsel
Gowling, Strathy & Henderson
Barristers & Solicitors
~OR THE A. Rae
EMPLOYER Counsel
Winkler, Filion & Wakely
Barristers & Solicitors
HE~RING June 10, 1991
2
DECISION
The griever, Bradey Johnston, is employed in the position of
electrician at the Owen Sound Yard (District 5) of the Ministry of
Transportation. Until July, 1989 while he was completing the
requirements of the ApDrenticeshiD and Tradesmen's Qualification
Act, he was classified as "Apprenticeship Tradesman". In July,
1989 following attainment of journeyman electrician status (upon
receipt of both the Certificate of Apprenticeship and the
Certificate of Qualification under the ADDrenticeshi~ and
Tradesmen's Qualification Act) he was reclassified as "Maintenance
Electrician" Some five months later on December 22, 1989 Mr.
Johnston filed a grievance alleging that he was improperly
classified and requested reclassification as Maintenance
Electrician Foreman.
The issue is whether or not the griever is currently
misclassified. At the hearing, the Union changed the settlement
contained in the grievance to a Berry type order with retroactivity
to 20 working days prior to the filing of the grievance together
with interest once a rate of pay had been negotiated.
There is no dispute that the griever performs the job of an
electrician. The griever is one of two electricians at the Owen
Sound District Yard supervised by Glen Bellar, the electrical
supervisor. In addition, the crew consists of an electrical
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apprentice and occasionally a summer student or a member of the
unclassified staff, who work as labourers. District 5 encompasses
the Counties of Grey, Simcoe and Bruce.
The parties agree that the relevant Position Specification
Form accurately reflects the grievor's current duties. That form
reads in relevant parts as follows:
2. Purpose of position
To install, maintain, test, and repair electrical
services and devices connected with traffic signals,
highway illumination and other electrical and electronic
equipment and systems within the District;
3. Duties .and related tasks
Under general supervision of the Electrical Supervisor
installs, inspects, makes routine repairs and maintenance
to all District traffic signals, warning flashers,
highway illumination and other electrical and electronic
equipment and systems by performing such tasks as:
- installing overhead and underground lighting
systems, traffic signals, flashers, etc., on
various highways, intersections, etc-
- erecting poles, placing conduit, stringing or
laying cable, installing traffic heads,
controllers, timers, relays, photo cells,
etc., as required.
- making visual inspection of existing
electrical installations for damage or
required repairs.
- ~ cleaning, relamping, and adjusting luminaires
mounted on poles for highway illumination.
- cleaning, adjusting and relamping flashing
lamps mounted on stop signs, or suspended
overhead at intersections.
4
90% - programming, adjusting, cleaning and relamping
traffic signal systems.
- providing emergency repairs to electrical
installations and devices brought about by
vehicle accidents, and power failures.
- inspecting electrical installations performed
by contractors.
- monitors reading for cathodic protection on
bridges and underground fuel tanks.
- installs and maintains electrical services and
devices in all M.T.O. patrol buildings, patrol
yards, two-way radio tower sites, mobile field
office trailers and temporary construction
field offices by performing such tasks as:
- installing new services in M.T.O. buildings,
floodlights in patrol yards, etc.
- renovating and repairing existing services in
M.T.O. buildings, mobile office trailers,
temporary construction field offices, etc., to
conform with Ontario Hydro standards.
- making minor and emergency repairs to
electrical components of oil and gas fired
furnaces, and water pressure systems.
- performs other related duties such as:
- maintaining site plans and maintenance service
records for all electrical installations.
10% - periodic updating as required in safety and
technically related subjects by attending
instructional courses or seminars.
- provides on-the-job t~aining to junior crewman
and ensures all duties are carried out safely
according to M.T.O. standards.
- works in c~njunction with other utility
contractors.
- be reasonably available to perform stand-by
and emergency call-out operations when
necessary.
- operate line truck, bucket truck used to
construct, maintain and test electrical
systems within the Ministry.
- moves hazardous goods from various locations
using procedures conforming to Ministry of
Environment policies.
4. Skills and knowledge required to perform job at full
working level.
Successful completion of the recognized apprenticeship in
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the trade of Construction and Maintenance Electrician;
possession of a valid Class "D" Ontario Driver's Licence;
successful completion of the appropriate Ministry Safety
& Equipment operating tests; acceptable driving record;
demonstrated understanding of the terminology, Principles
and theory of the electrical trade; ability to interpret
blueprints, plans, schematic diagrams; good interpersonal
and communication skills; leadership qualities; good
physical condition.
The grievor testified generally as to the nature of his
duties. Although he agreed that the Position Specification Form
was accurate, he disagreed with the percentages attributed to
various duties and maintained that "other related 'duties"
constituted approximately 50% of the job. We do not intend to
repeat the grievor's evidence except in certain material respects.
The grievor testified that 1 - 2% of the job involved
inspection of work performed by outside contractors and in addition
that although estimating work for a project was normally performed
by supervisor Bellar, he spent ~1 - 2% of his time doing that
assignment. Further, the grievor testified that he normally drove
a three ton bucket truck and candidly acknowledged that there was
no designated driver for that truck. The evidence established that
the bucket truck is used on most days to drive to and from a work
site and that occasionally he would drive two hours (one way) fro~
Owen Sound.
The grievor typically works with high pressure sodium lighting
and is required to perform new lighting installations although the
6
bulk of highway lighting assignment involves repair and
replacement. A major aspect of the job is traffic signal
installation which requires familiarity with the latest state of
the art including micro-processors and loop detectors. In addition
the grievor is responsible for monitoring the reading of cathodic
protection for two bridges in the district. Cathodic protection
involves wires embedded in the concrete deck of a bridge to help
eliminate corrosion of the reinforcing bar. According to the
grievor, this is "a fairly new concept" and periodic readings are
taken by him to determine if there is a problem which is then
referred to the Ministry's structural office. The current class
standard of Maintenance Electrician reads:
MAINTENANCE ELECTRICIAN
CLASS DEFINITION:
1. This class covers positions involving skilled manual
work at the journeyman tradesman level, in the
installation, maintenance, repair and general up-keep of
electrical equipment, wiring and fixtures in or about a
Government building, institution or other establishment,
or in the field. According to verbal or written
instructions, the employees in these positions are given
assignments by a Foreman, Maintenance Foreman, Buildings
Superintendent or Maintenance Superintendent or other
official responsible for maintenance or other services.
They sketch or follow schematic diagrams as necessary and
carry the work to completion according to regulations and
accepted practices and following recognized procedures
and techniques of the electrical trade. These employees
may determine work methods and the work is reviewed for
adherence to plans and instructions, satisfactory
production and quality of workmanship. Duties may also
entail the supervision and instruction of apprentices,
unskilled or semi-skilled workers and patient, resident,
trainee or inmate helpers. These employees may also be
7
required to perform related or other tasks but at least
60% of their work time must involve use of the skills and
knowledge of the electrician's trade.
Employees in these positions wire, inspect, adjust
and repair the electrical components of electrically
powered or controlled equipment such as: elevators,
laundry equipment, cooking and baking equipment, paint
baking ovens, kilns, hydraulic presses, tradesmens' and
machine tools, tailoring and sewing equipment, pumps,
milking machines, emergency diesel alternators,
electrically operated doors and locks.
They install, check and repair items such as:
internal telephone and communications systems; radio,
T.V. and electronic equipment; lighting circuits; fire or
other alarm systems.
These employees instalI, repair or replace items
such as (high or low voltage): electric wires and
cables; transformers; generators or alternators;
switches, circuit breakers, relays; panel boards; meters;
traffic or flasher lights. They may provide electrical
service to construction sites, mobile trailers and the
like, and they assist and co-operate with other tradesmen
and non-trades staff.
OR
II. This class also covers positions where:
(i) there is only one position having only one
incumbent, in the electrical trade at the
establishment concerned;
(ii) supervision over the position is no__t exercised
by a position 'classified as Maintenance
Electrician Foreman, and
(iii) the sole incumbent in addition to performing
the duties of a Maintenance Electrician (1),
must estimate the quantities of material and
labour required; plan and lay out the work;
maintain an adequate stock of supplies on
site; requisition replacements; keep account
of materials used and repairs, fabrications,
construction, inspections etc. effected, for
all work in the Electrical trade carried out
at the establishment concerned.
OR, positions at establishment where:
(i) there are only two positions in the electrical
trade at the establishment concerned;
(ii) supervision is exercised over neither position
by a position classified as Maintenance
Electrician Foreman, and
(iii) the on~ incumbent of one of the positions acts
as lead hand and is required in addition to
performing the duties of a Maintenance
Electrician (I), to estimate the quantities of
material and labour required; plan and lay out
the work; maintain an adequate stock of
supplies on site; requisition replacements;
keep account of materials used and repairs,
fabrications, installations, inspections, etc.
effected for all work in the Electrical trade
carried out at the establishment concerned.
Employees in positions in this class must devote at
least 60% of their work time to duties involving the
skills of the trade as in Maintenance Electrician (I).
OUALIFICATIONS:
1. Preferably technical school education;
comple%ion of the recognized apprenticeship in
the electrical trade and certification by the
Department of Labour; *or an acceptable
equivalent combination of training and
experience; a good working knowledge of the
tools, equipment, methods and practices of the
electrical trade; a working knowledge of the
laws, by-laws and regulations governing
electrical installations.
2. ADility to work from plans and schematic
diagrams; instructional ability; good physical
condition.
*Where the equivalent applies, the applicant will be
required to successfully complete a Civil Service Trades
test.
Revisgd, january i967
The Union acknowledges that the current class standard applies
to electricians' work. The challenge to the class standard was to
the effect that it was obsolete, having been last revised in
January 1967, and did not contemplate the type of work performed by
the grievor. Mr. Stephenson maintained that three areas of wore
were not encompassed by the class standard - inspection of work
performed by outside contractors, estimating of work, and the
the Union submitted three authorities: OPSEU (Beach) and Ministry
of the Environment, 816/86 (Fisher); OPSEU (Cardno et al~ and
Ministry of the Environment, 530~88, 2761/86, 2762/86, 2763/86,
2764/86 ('Stewart); and OPSEU (Swibb et al) and Ministry of
Transportation, 1107/87, 2036/87, 186/88 (Watters).
The Employer contended that the grievor was properly
classified and that no work was performed beyond %hat contemplated
and contended that each case was distinguishable on its own
particular facts. The Employer cited the following authorities:
OPSEU {Aird et al) and Ministry of Consumer and Commercial
10
Relations, 1349/87 (Slone); OPSEU ~Roy3 and Ministry of Natural
Resources, 946/89 (Knopf); OPSEU (Braund et al) and Ministry of
Correctional Services, 39/89 (Slone); and OPSEU (Steven Stocks and
Joe Hendrix) and Ministry of Transportation and Communications,
1320/84, 1325/84 (Verity).
in classification matters, the onus is on the grievor to
establish that he is improperly classified. On the evidence, we
find that the onus has not been met in this case. Rather, we are
satisfied that the class standard, which is admittedly somewhat
dated, adequately encompasses the core functions of the grievor's
duties and responsibilities. The Swibb decision does not
materially assist the Union and can be easily distinguished on the
facts.
The state of the art of electricians' work has changed with
more complex technology, as for example, the "micro-processor" and
the "loop detector" and "cathodic protection" However, the job
the grievor is required to perform has not changed either
quantitatively or qualitatively during the brief five month period
that he has held the current classification. The grievor's
involvement with inspection work performed by private contractors
and general estimating work are relatively minor functions which
when taken together constitute some 2 - 4% of the job.
The significance of the bucket truck, we think, is that it is
a tool used by the grievor to enable him to perform the job. We
would agree with the Employer's submission that the class standard
does not purport to list the tool.~ of the trade.
On all the evidence, we must conclude that the grievor's
current duties and responsibilities fit comfortably within the
Maintenance Electrician class standard. In the result, this
grievance must be dismissed.
DATED at Brantford, Ontario, this [gt~ day of August,1991.
.. ~,:..:~ .~~:L~ ...................
M, VORSTER - MEMBER