HomeMy WebLinkAbout1991-1920.Sheppard.92-08-27 ONTA RIO EMPLO Y~,S DE LA COURONNE
'~ ~ CROWN EMPLOYEES DE L 'ONTARIO
'" GRIEYANCE C,OMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
DUNOAS STREET WEST, SUI~ 2~00, TORONTO, ONTAR~. MSG IZ8 TELEPHONE/TELEPHONE:' (4 16] 326-
RUE ~NO~$ OUE$~ ~UREAU 2tOD, TORONTO (ONTAR;OL MSG ~Z8 FACS/~ILEI~L~CO~E : (4 ~6~ 32E-
1920/91
IN THE MATTER OF ~N ARBITRATION
~nder
THE CRO~NBMPLOYE~ COLLECTIVB BARGAININ~ ACT
Before
THE GRI~CE g~I~LEI4~i~ BO~:tD
BBT~EEN
OPSEU ($heppard)
Gr~evor
-
The Cro~n in Right off Ontario
(Ministry of Government Services)
Employer
BBFORB: W. Low Vice-Chairperson
T. Browes-Bugden Member
M. O'Toole Member
FORT HE L. Harmer
GRIEVOR Counsel
Gowling, Strathy & Henderson
Barristers & Solicitors
FORT HE G. Karayannides
E~PDOYE~ Counsel
Genest, Murray, DesBrisay, Lamek
Barristers & Solicitors
HB]%RING June 5, 1992
DECISION
The Grievor, Don Sheppard, is employed by the Ministry of
Government Services. His position title is Maintenance Carpenter
and he is classified as Maintenance Carpenter. Mr. Sheppard
grieves that he is improperly classified.
The class standard for Maintenance Carpenter contains
provisions for three different types of positions, of which only
two are possibly applicable. They are as follows:
I. This class covers positions involving skilled
manual work at the journeyman tradesman level, in
the maintenance, repair or construction of wooden
structures, equipment, etc., at a Government
Building, institution or other establishment. The
employees in these positions are given general
assignments by a Foreman, Maintenance Foreman,
Buildings Superintendent or Maintenance
Superintendent, or other official responsible for
buildings maintenance, or other service requiring
skilled carpentry. According to verbal or written
instructions, they are required to carry
assignments to completion according to accepted
practices and following the recognized procedures
and techniques of the carpentry or cabinet-making
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 required to perform related
maintenance tasks or other duties, but at least 60%
of their work time must involve use of the skills,
at the journeyman level, of the carpenters' or
cabinet makers' trade.
These employees construct, alter or repair interior
and exterior woodwork, performing duties such as:
hang doors; erect partitions; lay floors; build
platforms, steps, stairs, cupboards,' cabinets,
shelves, tables., pig and poultry pens or houses,
and other structures; repair furniture; repair
interior and exterior fittings such as window
frames, doors, sills, wainscotting; build forms to
exact size, shape and finish, install and remove
awning and storm windows; glaze windows; construct,
maintain and alter boats, canoes, cabins, aircraft
skis, tower cabins and hangar equipment; build'and
repair signs and displays; repair and install locks
and door closers; make keys; sharpen hand tools.
In the carpentry shop, these employees operate
equipment such as: saws, jointers, planers,
sanders, drill presses, lathes and. mortising
machines. They assist and co-ordinate with other
tradesmen and non-trades staff.
II. This class also covers positions where:
(i) There is only one position, having only
one incumbent, in the carpenter's trade
at the establishment concerned;
(ii) supervision over the position is not
exercised by a position classified as
Maintenance Carpenter, Foreman, and
(iii) the sole incumbent, in addition to
performing the duties of a Maintenance.
Carpenter (I), 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
Carpenters' trade carried out at the
establishment concerned."
The qualifications required for the class standard are as
follows:
$
OU~LIFIC~TION~
1. Preferably technical school education~ completion
of the recognized apprenticeship in the carpentry
or cabinet making trade and certification by the
Ministry of Labour~
*or an acceptable equivalent combination of
training and experience~ a good working knowledge
of the tools, equipment, methods and practices of
the carpentry trade.
2. Ability to work from plans and drawings, written or
oral instructions~ instructional ability~ good
physical condition.
*Where the equivalent applies, the applicant will
be required to successfully complete a Civil
Service Trades Test.
It is agreed that the position specification fits into
the class standard. The position specification is appended as
Appendix A to this award. Mr. Sheppard's grievance is based on the
fact that he spends approximately 50% of his time engaged in
hanging pictures and plaques, an activity which is not mentioned in
either the class standard or the positio~ specification. It is the
Union's contention that Mr. Sheppard spends only 50% of his time
engaged in the activities mentioned in the position specification,
and that picture hanging is unrelated to the activities
contemplated in the position specification or in the class
standard. It is also contended that the skills required in picture
hanging are entirely different from those exercised in the
carpentry trade, that the work of Mr. Sheppard is not supervised,
and that the cumulative effect of the foregoing is sufficient to
4
take him out of the class standard.
Mr. Sheppard's evidence is that he works at the
Legislative Building and. Ton the first three floors of the Whitney
Block. He is the sole incumbent of the Maintenance Carpenter
position at these locations. He reports to Gabriel Dunlop, the
Maintenance Supervisor, who in turn reports to Peter Lepper, the
Manager of Legislative Services. Mr. Sheppard testified that the
position specification accurately describes 50% o3 his duties. He
works essentially on his own and does his own estimating of
materials required for the projects which he executes, although he
does not do financial estimates. He testified that the other half
of his time is spent hanging paintings, plaques, and the like, for
a variety of "clients" in the Legislative Precinct. These clients
include members of the legislature, the Lieutenant'Governor and
others. The Grievor acknowledged that in the course of hanging
pictures and plaques, he uses a hammer, nails, measuring
instruments and a level, all of which are tools employed in
carpentry. He measures and considers matters such as weight and
stress, using skills used in carpentry. ~e also exercises some
aesthetic judgment in some cases. It is the Union's position that
the exercise of aesthetic judgment in the hanging of pictures and
plaques is not contemplated in the practice of the trade of
carpentry or in the class standard. Mr. Sheppard also testified
that because he works in the Legislative Precinct, and has access
5
to the offices of politicians and government officials and thereby
has access to sensitive and confidential material in their offices,
that he is called upon to exercise "high diplomacy" and must keep
to a high level of confidentiality. He admitted, however, on
cross-examination that he is under the same oath of confidentiality
as is taken by all other public servants, and that the contacts
that he has with political figures are contacts in passing only,
and as may be required or incidental to the purposes of.performing
his carpentry and picture hanging functions. ME. Sheppard also
testified that apart from hanging the pictures and plaques of
government officials, he is on occasion asked to hang an exhibit
from the Art Gallery Of Ontario. This, however, is sporadic work.
As for supervision or review of his work it was Mr. Sheppard's
evidence that his work is rarely if ever reviewed, and that he does
not work under supervision. He receives work assignments from Mr.
Dunlop, and he priorizes and carries out the work on his own.
It was also contended that Mr. Sheppard did consulting
for project co-ordinators in the Ministry and reviewed the work of
independent contractors. This was not borne out, however, by the
evidence.
Mr. Sheppard testified that it takes five years to obtain
certification as a carpenter, and that to his knowledge there is no
formal training in picture hanging. He indicated that he learned
6
.what he knows about picture hanging on the job chiefly, and that
the skills used in carpentry are the same skills that are used in
hanging pictures, as are the tools.
Gabriel Dunlop, Mr. Sheppard's supervisor, was called on
behalf of the Employer. Mr. Dunlop acknowledged that Mr. Sheppard
was a very fine craftsman, and that he could count on him to do a
good job. Mr. Dunlop testified that he had no time to inspect all
of the work that was done by those wh6m he supervised but that he
would inspect if it was a major project; normally he would not need
to.
As to the hanging of art exhibits from the Art Gallery of~
Ontario, he testified that the curator provided instructions as to
where the piece was to go either by attending at the room where the
piece was to be hung, or by leaving a diagram or marking on the
wall or with oral instructions.
The Employer also called the evidence of Steven
Hrynevich, the Senior Project Co-Ordinator. Mr. Hrynevich
testified that most construction projects are contracted out. The
Ministry's internal services are used for day-to-day support
functions. He testified that the work of independent contractors
is reviewed by himself, and not by Mr. Sheppard, and that if there
are deficiencies in the work of such contractors, it is the
7
practice of the Ministry to require the contractor to make good.
There are essentially very few areas of factual dispute.
The Grievor states that .he spends about 50% of his time hanging
pictures, and there is no evidence to the contrary. The Griewor
says that he is good at hanging pictures and plaques, and there is
no evidence to the contrary in that respect either. That the
Grievor on occasion rubs elbows with political figuresL is not in
dispute, nor is the requirement that he maintai~ confidentiality
with respect to anything he may come across in his travels within
the Legislative Precinct. We find as a fact that the Grievor does
not do consulting for the project co-ordinators, although he does
answer questions when posed to him. We also find as a fact that he
is not responsible for reviewing the work of independent
contractors or for making good the deficiencies in their work. As
for review or supervision, we find that there is general
supervision by Mr. Dunlop and review of Mr. Sheppard's work on an
as-needed basis.
The issue is whether or not the Grievor's picture hanging
activities fall within the purview of the language of the class
standard. In our view, they clearly do fall within the types of
activities contemplated in the class standard. Class standards are
not intended or expected to be exhaustive descriptions of the
various duties performed by employees allocated to the class.
Obviously, such an exhaustive listing of duties and functions is
more appropriate to the job specification, and indeed cannot be
expected to be comprehensive even ih that document. The class
standard is intended to be a general description of a group of
positions which have sufficient features in common that they are
classed together+ and paid at the same rate.
In the case of the class standard for Maintenance
Carpenter, there is clearly a contemplation that members of the
class will perform duties mentioned in the class standard and
others as the duties mentioned in the class standard are expressed
as exemplary and not as exhaustive. In addition, it is
contemplated that members of the class will assist and co-operate
with other tradesmen and non-trades-~taff. More particularly,
there is mention of building and repairing signs and displays. It
is acknowledged that the skills used in picture hanging are the
same as those used in carpentry. It is said that there is an
additional skill, an aesthetic one, which is used in picture
hanging. If the implication is that no aesthetic skills are to be
exercised in carpentry, this is to underestimate that skilled trade
which not only takes five years in which to obtain certification
but also requires, 'when well practised, a keen aesthetic sense of
line and proportion, form and function. There are carpenters whose
craft rises to the level of art as there are carpenters whose work
leads clients only to exasperation. Likewise, a picture may be
9
hung satisfactorily or not~ the result may please or not. But in
both cases, there is scope for the exercise of aesthetic judgment,
and in all circumstances where aesthetic judgment is a component,
there will be room for disagreement~ as we have witnessed recently
in the National Gallery, what is one mants meat may be another
mants art.
We are of ~he view that the activity of picture and
plaque hanging is well within the purview of the' class standard,
and that there is no significant body ofthe Grievor~s core duties
which falls outside the class standard.
We do not accept the proposition that because the Grievor
works in the Legislative Precinct and therefore has opportunities
of access to prominent 9olitical figures and the material in their
offices, that he is by that reason under any different obligation
of confidentiality than every other public servant. It should be
axiomatic that the Grievor will not abuse the trust of
confidentiality reposed in him. Neither the obligation of
confidentiality northe Grievor~s feeling of obligation to conduct
himself in a tactful and discreet fashion is of the type of matter
to take him out of one classification and put him into another.
One would hope that every maintenance carpenter in every location
in the province would conduct himself with an equal degree of
civility, tact and discretion and adhere to the same high standard
10
of confidentiality ss is practised in the Legislative Precinct..
Tact and discretion are desirable traits in a good employee but are
not requirements of the job, nor of'the class standard. That the
Grievor is a good emDloyee is not in dispute. That he exercises
tact and discretion does not go,he proprie~¥of~he classification
of his Job.
For ~he foregoing reasons, ~he grievance will therefore
be dismissed. .
DATED this 27t:h day of August1992.
w~ce-Chairp~rso..
"I Pa.~c/aLl~ Dissent" tc~lt~en d£asen~ to follow)
T. BROWES-BUGDEN - Member
D~C x0 '~ x4:~ ~. APPENDIX A
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