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HomeMy WebLinkAbout1991-2216.McCartan.92-10-27 ONTARIO EMPLOY~:S DE LA COU~ONNE CROWN EMPLOYEES DE L'ONTARIO GRIEVANCE C,OMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS t,90 DUNC, A5 STREET WEST, SUITE 2~00, TORONTO, ONTARIO, USG IZ8 TELEPHONE/TELEPHON'E: (J t6) 32~T ~388 2216/91 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (McCartan) Grievor - and- The Crown in Right of Ontario (Ministry of Government Services) Employer BEFORE A. Barrett Vice-Chairperson J. Carruthers Member R. Scott Member FOR THE N. Coleman GRIEVOR Counsel Gowling, Strathy & Henderson Barristers & Solicitors FOR THE B. Christen EMPLOYER Counsel Winkler, Filion & Wakely Barristers & Solicitors HEARING July 13, 1992 September 15, 1992 DECISION By a grievance dated September 26, 1991, Mr. McCartan alle~es that he is improperly classified as a Maintenance Mechanic 2 and should more properly be a Maintenance Mechanic 3, based upon the relevant class standards. The grievor's job title is Maintenance Handyperson, and he works out of the Guelph District Office in the Property Management Division of the Ministry. His Supervisor, Mr. Floto, is the Acting Property Manager, and he is responsible for the operation and maintenance of about 150 Government owned and leased' facilities in the area, the majority of which are farm buildings. Reporting to him are a Maintenance Plumber, an Electrical Inspector, a Mechanical Inspector, a Fire Alarm Technician and the grievor. These people respond to requests for maintenance or minor repair work from client Ministries. A ~reat deal of work is contracted out to 'outside contractors. Major repair work is performed by another section. When Mr. Floto receives a call for help, he dispatches an appropriate person to inspect the problem. He will send one of his certified Inspectors to a problem in their areas of expertise, and will send Mr. McCartan to view more minor repairs not necessarily requiring a skilled tradesman~ Mr. McCartan will report back to Mr. Floto about the nature of the problem and advise him if he can fix it himself or whether an outside contractor will be required. Occasionally Mr. McCartan will say that he could fix the problem himself if he had the assistance of a labourer, and Mr. Floto will authorize him to hire a casual labourer off an approved list for two or three days' helD. Sometimes Mr. Floto will decide that an outside contractor should be hired and he will ask Mr. McCartan to obtain three quotes from local contractor~. On these occasions, Mr. McCartan will attend at. the ~ite with the contractors to shnw them what. work needs to be done and advise of any special materials that must be used. Sometimes Mr. McCartan will work alongside a contractor to assist and act as liaison between the contractor and Mr. Floto and the client Ministry. When Mr'. McCartan does a-job on his own, he plans and lays out his own wsrk. For instance, if he is asked to paint a small room (larger paintin~ jobs are contracted out), he will estimate'the amount of paint required, then fill out a requisition for the paint which Mr. Floto signs. Mr. McCartan can purchase materials under $100.00 out of petty cash, but must get Mr. Floto's permission to do so either before or after the purchase. Anything costing over $100.00 must have a signed purchase' order and anything over $500.00 must have three quotations attached to the purchase order. Other jobs that Mr. McCartan might do on his own include replacing plywood wall panels, plasterin~ holes in pre-existing walls~ repairin9 existing windows and door-frames~ hanging doors, installing weather- strippinq, replacin~ ceiling tiles, pickin~ up and deliverin~ supplies and tools, and clearing work sites for contractors. In each case where he works alone or with casual labour help, Mr.-McCartan plans and lays out his work and requisitions supplies in consultation with Mr. Floto. It ~s this plannin~ and laying out of his own work and estimating the.quantities of material and labour reqt%ired that Mr. McCartan says puts him in the Maintenance Mechanic 3 class standard. The preamble to the Maintenance Trades Classes and class standards for Maintenance Mechanic 2 and 3 are set out below, with relevant passages underlined by " Preamble MAINTENANCE TRADES CSASSES Although work in the field is not precluded, most of the positions allocated to these classes involve maintenance work on, in or about a Government institution, building, or field office or other establishment or its associated equipment. Some positions may also involve construction, or alterations to structures or the installation of new services or equipment. Most of these classes are grouped in two levels, i.e. Journeyman and Foreman, with provision for positions where 'lead hand' duties are required. The Maintenance Mechanic series~ however, consists of four levels: Helper, Improver~ Journeyman and Maintenance Foreman. This series is intended to cover the following situations: 1. To permit recruitment of employees with limited formal educational qualifications, who, through on the job training and experience, may progressively acquire the knowledge and skills which will allow them to advance to positions involving more complex work and, eventually, to a journeyman level position, provided a vacancy exists in an appropriate position. To cover situations where there is a requirement for the skills of a particular trade but where such skills are required for less than 60~ of the time and thus do not warrant the establishment of a position in that specific trade. To provide for supervisory responsibility over a variety of skills, rather than those of one specified skilled trade. These classes may also be used to cover positions involving work requiring various degrees of manual skill, but not normally associated with a specific trade, e.g. repair of tripods and survey chains; repair and painting of bridges; repair and re-finishing of canoes and boats; operation of a water and sewage disposal system. In most cases, in all of these classes, to qualify for the foreman level the position must involve the supervision of at least two journeymen in a relevant trades class. In some positions however, the duties involve the hiring and supervision of qualified local tradesmen, on the site, for the duration of a specific project. Such positions may be allocated to the pertinent Foreman class provided that supervision of two or more local tradesmen is ~equired for at least 60~ of the year~ Foreman positions are limited to one incumbent. Where two or more incumbents share the responsibilities Of a position which would be classified at the Foreman level if assumed by one incumbent only, the position will be classified at the journeyman level. In all positions in the maintenance mechanic or trades classes, the incumbents must devote at least 60~ of their time to maintenance or skilled trades duties. Because of the wide range and Great variety of duties and the unpredictable nature of many of the work projects required of positions allocated to these classes, a relatively large number of allocations will, inevitably, be atypical to a Greater or lesser degree. The reasoning followed in relating the duties to such atypical positions to the kind and level of skills called for by the definition of the class applied, should be carefully documented in all such allocations. Where positions in these classes exist in an Ontario Hospitai~ Hospital School, Adult Occupational Centre, Reformatory, Training School or similar institutions, the~incumbents may be provided with patient, resident, trainee or inmate helpers. In all trades or maintenance mechanic positions where such helpers are provided, the incumbents .are required to supervise, Guide and instruct their assigned helpers according to their capabilities and temperament and, so far as is possible, to break'down the work into tasks their helpers are capable of performing. This supervision of patient, resident, trainee or inmate helpers does not warrant allocation to the Foreman class. At least two incumbents of a position or positions classified as a journeyman trades class must be supervised to warrant the Foreman allocation. EXCLUSIONS: In some positions, some of the dutie~ involve a degree of the skill or skills usually associated with one or more of the skilled trades. However, the application of such skills is limited or restricted to a comparatively narrow specialty or the position also involves the use of specialized equipment. Such positions are covered by special classes or class series such as: Agricultural Worker, Electronics Technician, Electronics Repairman, Highway Equipment Operators, Lineman, Sign Painter, Ranger, etc., and are excluded from the Maintenance Trades Classes. January 1967" " MAINTENANCE MECHANIC 2 This class covers positions where the employees are engaged in semi-skilled work in tasks usually associated with one or more of the skilled trades, or in semi-skilled handyman duties, in the maintenance of a Government building, institution, field station or other establishment and its associated equipment and services, or in the field. Employees in positions in this class are sufficiently skilled to perform a variety of tasks under General supervision, .{here the quality of the completed work does not warrant the services of a qualified skilled tradesman. These employees use Dower and hand tools as required and their work is reviewed for an evaluation of the skill attained and quality of the completed work. Assignments become more difficult and the degree of supervision lessens as the employee acquires increasing skill. These employees must be engaged in maintenance work for at least 60~ of their work time. These employees may assist skilled tradesmen in the performance of their work by substitu%inG for them in completing the routine tasks associated with the trade or they may assist maintenance mechanics and skilled tradesmen in a variety of mechanical maintenance tasks. Under General supervision, these employees perform such tasks as: repair walls, windowsr frames; repair electrical appliances and equipment; lay floors~ erect partitions, fences, etc.; fabricate relative{¥ uncomplicated sheet metal parts; make minor repairs to vehicles~ repair heating and water pressure equipment; repair Garage doors; repair bridges, culverts~ assist with the repair of electronic equipment; operate sewage and water supply plan~ for a small institution (less than 500 patientsf residents or inmates); repair and re-finish boats~ canoes, etc.; build backs for Gravel or stake trucks; repack valves; install water or steam radiators; repair leaks in steam or water lines;, replace boiler tubes; repair stokers; bend, thread and install conduit; replace wirinGf BXf etc.; repair and install switchesr junction boxes, etc.; lay carpets; install drapery track; strip furniture and re- tie springs; make and repair blackboards~ repair wheel chairs, beds, kitchen, playground and Gymnasium equipment; weld and solder tractable materials; prepare surfaces and apply paint; service internal combustion engines and carry out runnin~ repairs~ shape metal Darts to acceptable tolerances; ap~ly plaster7 service air- conditioning or refrigeration equipment; and they perform such other tasks as are required within the limits of their skills and competency. They may be required to train and supervise less skilled employees and such patient, resident~ trainee or inmate he_~l ers as are assigned to them. QUALIFICATIONS: 1. Elementary school education, preferably with some trainin9 in the use of common hand tools and power equipment. At least two years' experience as a Maintenance Mechanic, Helper or a combination of formal training and experience acceptable to the Civil Service Commission as the equivalent. Ability to understand simple plans, diaorams and blueprints and to carry out written or oral instructions~ mechanical aptitude; demonstrated ability to perform a variety of semi- skilled mechanical tasks; good physical condition. Title Chan~e - January 1971" " MAINTENANCE MECHANIC 3 CLASS DEFINITION: I. This class covers positions where the employees are engaged for at least 60~ of their workin~ time~ in general maintenance work requiring the application of the skills and knowledge generally associated with one or more of the skilled trades. Under the general supervision of a Maintenance Foreman, Building Superintendent, Maintenance Superintendent or other person responsible for the maintenance of a Government Building, institution, establishment and associated equipment and services, or in the field,~ these employees are required to complete assigned tasks according to acceptable standards of ~uality and production. Employees in positions in this class may be personally qualified in one of the skilled trades but the requirements of the position ~sually entail the use of that. trade not more than 40~ of the workin~ time. Positions allocated to this class involve a variety of maintenance tasks reguiring the use of skills and knowledge usually associated with trades such as:- carpentry, ~ainting, plastering~ welding, tinsmithing, steamfitting, plumbing, brickla¥in~ and ~asonry, electrical, machinist, etc., where the complexity of the work assigned and the quality of the finished work, or the percentage of work time involved does not warrant inclusion of the position in one of the skilled trade classes. Incumbents of these positions may be required to train and supervise manual workers and less skilled maintenance staff and they may also be required to train and supervise such ~atient, resident, trainee or inmate helpers as are assigned to them as helpers. They perform related tasks as required, workin~ individually or assisting other tradesmen or maintenance staff. This class also covers positions having responsibility for the installation, adjustment and servicino of oil heating e~uipment or.for the operation of a sewage and water plant for a large institution (more than 500 patients, residents or inmates) including supervision of any subordinate staff and patient, resident or inmate help. OR II. This class also covers positions where:- (i) There is only one position, having only one incumbent, in the Maintenance M~chanic, Journeyman class at the establishment concerned~ {ii) supervision over the position is not exercised by a position classified as Maintenance Foreman,. or in one of the skilled trades classes and (iii) the sole incumbent in addition to perfqrming the dutie~ of a Maintenance Mechanic, Journeyman (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., effec_t_ed, for all work in the Maintenance Mechanic, Journeyman class carried out at the establishment concerned. Employees in this class must devote at least. 60~ of their time to general maintenance work as in Maintenance Mechanic, Journeyman (1). QUALIFICATIONS: 1. Elementary school education with a knowledge of hand tools and Dower equipment. 2. At least five years' progressive experience as a Helper and Improver; or completion of the required apprenticeship training in one of the skilled trades and certification of completion by the Department of Labour; or successful completion of the applicable Civil Service Commission trades test. 3. Ability to work from fairly complicated blueprints and specifications~ ability to instruct less skilled assistants~ ability to perform a variety of maintenance tasks employing hand tools and ~ower equipment without supervision; good physical condition. Title change - January 1971" Looking at. the preamble first, we note that the Maintenance Mechanic ~ is said to be working at the Improver level and the Maintenance Mechanic 3 works at the Journeyman level. This is borne out in the class standards as well. The Maintenance Mechanic 2 performs semi-skilled handym~an duties, and the'Maintenance Mechanic 3 is required to do qeneral maintenance work requiring the~application of the skills and knowledqe generally associated with one or more of the skilled trades. On all of the evidence, we cannot find that Mr. McCartan works at the Journeyman level in any of the skilled trades. His job duties are fairly set out in the Maintenance Mechanic 2 class standard, many of which duties are referred to in his position specification. But., says Union counsel, Mr. McCartan can fit himself within paragraph II of the Maintenance Mechanic 3 standard, which is an alternative to paragraph I requiring the use of skills and knowledge of the skilled trades. Union counsel argues that Mr. McCartan is the sole incumbent of a Maintenance Mechanic position'in the Guelph district to satisfy the requirement of paragraph II(i). With respect to paragraph II(ii), counsel says supervision over the position is not exercised by a Maintenance Foreman or a skilled trade class, but by the Property Manager, who is management personnel. To satisfy paragraph II(iii), counsel argues that Mr. McCartan estimates the quantities of material and labour required, plans and lays out his own work, maintains an adequate stock of supplies on site~ and requisitions replacements. The evidence revealed, however, that no supplies are stockpiled on site, nor is Mr. McCartan required to "keep account of materials used. and repairs, fabrications, construction, 'inspections, etc., effected, for all work in the Maintenance Mechanic, Journeyman class carried out 9 at the establishment concerned". Counsel stresse~ that the Dlannin~ %nd layout of work and e~timatin~ of quantities of material and labour is not even referred to in the Maintenance Mechanic 2 class standard, and this is a very distinguishing difference. In our view, this argument fails because paragraph II(i) specifically requires that the incumbent be of the "Journeyman class". We heard no evidence that Mr. McCartan works at the Journeyman level in any skilled trade. Mr, McCartan has been taking courses with the Ministry of Skills Development to eventually become certified as an Industrial Millwright. Me completed his course work some time after this grievance was filed, and he plans to write the examinations after taking a refresher course, Mr. McCartan works mainly in and around farm buildings where there is not much industrial millwright work to be done, but the Ministry i~ paying for his courses, so we must assume the Ministry values the skills and knowledge obtained in them. However, Mr. McCartan is not at the Journeyman level yet in that trade, nor in any other trade. We also think that the planning and layout of his own work and estimating quantities of materials are ancillary functions to the handyman-type duties enumerated in the Maintenance Mechanic 2 class standard, and not sufficiently complex or complicated to be described as a core function. 10 In our view, all of Mr. McCartan'~ core duties fit comfortably within the Maintenance Mechanic 2 class standardr and thi~ grievance must fail. Dated at Toronto this 27ch day of October, 1992. A. Barrett, Vice-Chairperson ~ers, Member R. Scott, Member