HomeMy WebLinkAboutMoberg 18-03-29IN THE MATTER OF AN EXPEDITED CLASSIFICATION ARBITRATION
BETWEEN:
ONTARIO PUBLIC SERVICE EMPLOYEES UNION, Local 416
(FOR SUPPORT STAFF)
(hereinafter called the "Union")
-and-
COLLEGE EMPLOYERS COUNCIL
(FOR COLLEGES OF APPLIED ARTS and TECHNOLOGY)
In the form of ALGONQUIN COLLEGE
(hereinafter called the "College")
-and-
GRIEVANCE OF DONALD MOBERG
OPSEU File No. 2016-0416-0021
(hereinafter called the "Grievor" or the "Incumbent")
ARBITRATOR:
REPRESENTING THE COLLEGE:
REPRESENTING THE UNION:
Richard H. McLaren, C.Arb.
Penny Dockrill, HR Business Partner
Manon Levesque, Manager Facilities
Operations & Maintenance Services
Pam Auchterlonie, Steward Local 416
Donald Moberg, Electrician; Grievor
A HEARING IN RELATION TO THIS MATTER WAS HELD AT OTTAWA, ONTARIO
ON 13 MARCH 2018.
AWARD
Donald Moberg (the "Grievor") is the Incumbent in a position referred to as the "Skilled
Trades Worker — Electrician" in the Physical Resources Department at Algonquin
College (the "College"). Mr. Moberg is a 25+ year employee who works at all Algonquin
College campuses. The position was reviewed by the College on several occasions,
most recently 27 April 2017. While both parties generally agree with the contents of the
Position Description Form (the "PDF") there are a few instances where the Grievor
would like to amend the language in the PDF.
In the "Duties and Responsibilities" section of the PDF where the overall description of
the incumbents activities is found there are two requests for amendments. The Grievor
would like the following included in his job description under the description of
approximately 20% of how his time is spent annually: "The Incumbent Coordinates
the electrical requirements for all trade shows and events at the College." I find
that there is very little reference to the trade shows and events at the College in the
PDF as drafted. However, there is either a trade show or an event approximately once
every three weeks requiring planning and implementation by the Incumbent. The
College objects to the use of the word "coordinates". I find that the addition is justified
and should be added to the PDF. However, the word "coordinates" ought to be
replaced with "does the setup of'. The request of the Union as modified by the
Arbitrator is granted.
The Grievor would like the following included in his job description under the description
of approximately 10% of how his time is spent annually: "The Incumbent, a licensed
electrician, instructs and trains apprentices on proper electrical procedures." I
find that while this has been an aspect of the job in the past there has only been one
occasion in the past three years where this has occurred. Therefore, it is not part of the
core activities of the job currently and should not be included in the PDF. The request
by the Union for this additional language is denied.
There is also a request for a language addition under the "Guiding/Advising Others"
Factor of the PDF. This request is better dealt within that Factor when discussing it in
the course of discussion of the particular Factor and its scoring where the proposed
amendment would be inserted in the PDF.
This decision relies upon the contents of the PDF as ultimately determined in this
award. The parties disagree on how to evaluate certain aspects of the Incumbent's job.
Therefore, there is disagreement on the point scoring for the position. This
0
disagreement centers upon four Factors contained in the Support Staff Job Evaluation
Manual (the "Manual"). A discussion of each of these Factors follows.
The College evaluated the position and rated it at 586 points, placing the position within
Payband I. The Grievor and the Ontario Public Service Employees Union (the "Union")
submit that the position ought to be evaluated at 683 points, placing it at the higher -
rated Payband J.
The Duties of the Position
It is mutually agreed that under the general direction of the Manager of Technical
Services and Energy Conservation the Incumbent performs inspections, installations,
maintenance and repairs of all low and high voltage electrical systems, equipment and
switchgear; fire alarm systems; auxiliary power (including generators and batteries);
and is responsible for ensuring that all function properly and operate continuously.. The
Grievor monitors and repairs clock systems, control center power panels and HVAC
systems. He is responsible for repairing and/or replacing all indoor and outdoor lighting
systems and the testing of all auxiliary power (battery packs and generators). The
Incumbent oversees the operation of Fire Alarm Systems and elevating devices. He
monitors and reports all elevator problems.
The Incumbent is required to provide the information to maintain an up-to-date database
of all electrical related equipment. This ensures that the Preventive Maintenance
Program work orders for all electricals and Fire Alarms are completed. The Incumbent
is also in active consultation with the many contractors currently on the campus. He
reviews and recommends upgrades and modifications required to increase efficiency
and reliability of equipment. Such consultations may also result in advice or
suggestions to the Supervisor on all electrical related matters.
The Incumbent is involved in doing the set up and assisting the attendees in floor
planning and use of the electrical and other systems available for trade shows or
College events in the theatre or other locales. The foregoing discussion represents an
overview of the activities of the Incumbent.
Factors in Dispute
There are four Factors in dispute in this proceeding: Factor #4 — Planning/Coordinating;
Factor #5 — Guiding/Advising Others; Factor #6 — Independence of Action; and Factor
3
#7 — Service Delivery. Each of these Factors is dealt with under separate headings
below.
Factor #4 — Planning/Coordinating: Ratings: College Level 2 / Union Level 3
Occasional 4
This factor measures the planning and/or coordinating requirements of the position.
This refers to the organizational and/or project management skills required to bring
together and integrate activities and resources needed to complete tasks or organize
events. There may be a need to perform tasks with overlapping deadlines (multi-
tasking) to achieve the decided results.
(i) The Union
The Union concedes that the Incumbent works with the Coordinator to determine the
scope of a project. However, once the work begins the Incumbent closely monitors the
work progress, coordinates with all other trades involved to ensure deadlines are met. It
is the Grievor who must set realistic timelines and be able to prioritize; that it is he who
provides technical information when needed. The Union proffered the example of the
11 emergency generators on Woodroffe campus that are tested once a month. Both
the electrical and mechanical teams work together during the testing. It is the
Incumbent who takes the lead of the work to be done. Detailed work plans are
developed and activities assigned by the Grievor to others. While each member is
responsible for the completion of their assigned task it is the Grievor who orchestrates
their activities and ensures target completion times are met. He plans the work so the
tests do not go beyond allocated time. The Grievor plans how much time and how
many people are needed to test each generator, ensures that fuel required is delivered
on time. The Incumbent may decide to reschedule testing of one or two of the
generators in order to meet deadlines. The rescheduling may affect work plan of the
mechanical team and the Incumbent must inform the Coordinator if delays are
expected.
One of the major planning and coordinating aspects of this position involves preparation
for trade shows and events (which occur frequently at the College). The Union submits
that events would not run if the work is not planned and coordinated effectively by the
Incumbent. The Incumbent reviews the list of equipment from clients, gathers all
necessary information and determines the electrical needs for their setup. The Grievor
designs the setup following all electrical safety codes (Ontario Electrical Code, ESA
regulations, Health and Safety procedures) using his computer and management skills.
The Incumbent may also decline the use of a piece of equipment (can only load a circuit
up to 80%) to avoid overloading. The power must be distributed evenly to keep the
panels balanced and avoid disruption. There is no involvement from the Coordinator or
any other manager or supervisor.
M
The College regularly has College -wide electrical shutdowns. The Incumbent works
with contractors and the hydro company to make certain power is safely shut down and
restored. The Grievor can modify the priorities of coworkers and/or contractors to
ensure the shutdown runs efficiently and to completion. The Incumbent confirms that
emergency generators are appropriately sized, received at the correct time and location
and up and running so schedules are met (he coordinates ordering, delivery and setup).
The Grievor meets with contractors to show them each building affected and where to
tie everything in. He organizes the time to fire up the generators informing the
contractors when they should return to begin their work. The Grievor checks with
security if any alarms need to be addressed and also works with mechanical
department ensuring all their pumps and motors are running for air handling units.
(ii) The College
The College refutes the Grievor's first Occasional example as an increase in volume,
not complexity. That the situation is identifiable and that trade shows occur every few
weeks and have become routine over time; that the Grievor can readily make the
necessary calculations to determine maximum load requirements. The College submits
the examples provided by the Grievor are simply correctly pointed at Level 2. The
College takes the position the Grievor is not solely responsible for completing major
upgrades. The College emphasized that Level 4 involves "authority to require others to
modify their schedules and priorities". The College submits the Incumbent works with
clients based on the clients' schedule, not the other way around. The College further
submits the Incumbent would never be in a situation where he "frequently coordinates
activities or resources of departments" as required for a Level 4 rating. The College
submits that Coordinators and Managers are involved in shutdowns and that the
Incumbent is only responsible for tasks within the shutdown; that he is not fully
coordinating or completing work on his own.
(iii) Findings
I find that the Grievor plans and coordinates the activities and resources to complete his
own work and achieve the deadlines for others. In so doing he advises and consults
with other College employees and external contractors. However, that consultation role
does not go so far as to alter the work schedules of other employees or contractors.
Therefore, the Union has not established a case for the rating to be at a Level 3 let
alone an Occasional 4. The scoring of the Union is not accepted and I find that the
Factor is properly rated at Level 2.
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Factor #5 — Guiding/Advising Others: Ratings: College Level 2 + Occasional 3 /
Union Level 3 + Occasional 3
This factor refers to any assigned responsibility to guide or advise others (i.e., other
employees, students, clients) in the area of the position's expertise. This is over and
above communicating with others in that the position's actions directly help others in the
performance of their work or skill development.
(i) Preliminary point on content of the PDF
The Grievor would like the following included in his PDF on this Factor added to the box
that begins "The incumbent is an active participant and has ongoing involvement in ..."
The Incumbent instructs and trains electrical
apprentices and students on how to properly perform
electrical work.
The Incumbent guides and advises electrical
contractors on the proper completion of electrical
projects, including when a job is to be completed, where
the job is located and what is to be completed. When
the contractor is at the College working on a project, the
Incumbent is the main resource for the contractor.
When setting up trade shows and events at the College,
the Incumbent guides electrical coworkers on how to
complete the project.
The first sentence to be added relates to historical work on the part of the Grievor.
There are no apprentices to instruct or train. Therefore, I do not find that it should be
inserted into the PDF.
The second insertion is not accurate in that there is no guiding and advising. The
contractors and others are as technically conversant with the electrical side of the work
as is the Incumbent. They are all skilled tradesmen and electricians. The Grievor
shows them the area where the work is to be performed and information about how the
electrical functions operate or are located. Armed with the information provided by the
Grievor the contractors, who are skilled in their own right, go ahead and do the work.
There is no skill development going on. The Union has established the activity but the
language needs to be adjusted to read at the outset, "The incumbent provides
3
information and knowledge of the local site to enable the electrical contractors to
carry out"... and then carry on with the language beginning with "the proper completion
of electrical projects ...". The third insertion is accepted and can be inserted as drafted
into the PDF.
(ii) The Union
The Union submits that the Grievor on a regular and recurring basis must demonstrate
correct processes/procedures to others so they can complete specific tasks; that the
Grievor makes decisions and recommendations so others can perform their day-to-day
activities. The Union further submits that the Grievor is the main source of information
and guidance for contractors working at the College. The Incumbent ensures
contractors are working safely and to College standards; it is he who signs off on the
contractors' work. The Grievor shows the contractors where the work will take place,
correct panel and where to run electrical lines. The Union submits the Incumbent has
the authority to stop a job if a contractor is performing the job incorrectly.
Over the course of his working career the Incumbent has had a multitude of apprentices
and students under his guidance. The Grievor is an active participant in the progress of
the apprentice. It the Grievor who makes judgement calls on what the apprentice can
work on. There are also special student groups that the Grievor is called upon to
provide guidance to. As an example the Grievor put forth the Women In Trades
Program. The Grievor requests that the following language be added to his PDF: "The
Incumbent instructs and trains electrical apprentices and students on how to properly
perform electrical work. The Incumbent guides and advises electrical contractors on the
proper completion of electrical projects including when a job is to be completed, where
the job is located and what is to be completed. When the contractor is at the college
working on a project, the Incumbent is the main resource for the contractor. When
setting up trade shows and events at the College, the Incumbent guides electrical
coworkers on how to complete the project."
(iii) The College
The College submits the Grievor is responsible to prioritize and set goals for his own
work to ensure electrical activities are completed. The College maintains that it has the
right to assign duties and is not in agreement with the Union's position that the
Incumbent guides/advises apprentices. It is the College's position that while the
department may have had apprentices in the past the practice has long since been
discontinued.
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(iv) Findings
Much of the submissions of the Union are tied to the Guiding and Advising of
apprentices. The Grievor frequently referred to the entire history of his work over some
27 years to make his points about the content of the job. However, the job evaluation
process is intended to evaluate the current positon and not what has historically been
part of the work of the Incumbent.
There has only been one apprentice in Physical Resources in the past three years.
That apprentice was assigned to another person and only temporarily did the Incumbent
have him as an apprentice. Therefore, the examples using the apprentice activities of
the past do not establish that the Factor ought to be rated at a higher level. The current
job position does not involve Guiding and Advising of apprentices. Therefore, the Union
has not established the case for a higher rating of the Factor on this basis.
What the Grievor does is show the contractors what is involved in the area where they
will be carrying out their work. He provides information and is a resource they can
consult with about local intricacies of the work site. They are also skilled in their own
right and rely on the Grievor only to lay out the landscape of the work site and how the
College has operated in connection with the particular electrical matter. The scoring of
the Union is not accepted and I find that the Factor is properly rated at Level 2 with an
Occasional 3.
Factor #6 — Independence of Action: Ratings: College Level 3 / Union Level 4
The Manual provides that: "This factor measures the level of independence or
autonomy in the position. The following elements should be considered: - the types of
decisions that the position makes, what aspects of the tasks are decided by the position
on its own or what is decided by, or in consultation with, someone else, such as the
supervisor, the rules, procedures, past practice and guidelines that are available to
provide guidance and direction. "
(i) The Union
While there are general processes to be adhered to the Incumbent is expected to work
independently and determine the best course of action within specific parameters. The
Grievor prioritizes work and decides on the course of action for each task. The Shift
Work Schedule requires the Incumbent to act independently for evening and weekend
calls and make decisions regarding what actions to take and whether to respond
immediately or wait until the following day. The Union submits the Incumbent should be
rated at Level 4 as the Incumbent has multiple, multi -faceted work assignments which
he completes on a daily basis independently but within College Rules and procedures.
The Union submits he has autonomy to select processes and modify the course of
action to ensure work is completed properly.
(ii) The College
The College submits the Incumbent has limited flexibility in decision making as the
College has clear procedures and policies that direct outcomes. The College submits
the Grievor works within established guidelines to complete his work using the client's
requests and his own expertise and knowledge. The College's position is that a Level 3
rating accurately aligns with the position description as the Grievor has access to a
variety of tools to guide him in his work (ie. codes, regulations, policies), including
consultants and service providers and when outside these boundaries the Incumbent
must consult with his supervisor.
(iii) Findings
When a skilled tradesman is performing his work as the Incumbent does here as an
electrician there is no direct supervision involved day-to-day or when the individual is
called on for weekend or evening work usually associated with some sort of emergency
or unusual situation that requires attention. While the supervision of the Grievor is very
limited, the testimony of the Grievor indicates to me that some of the time the Grievor is
acting within College or general guidelines to determine how tasks are to be completed.
He does engage in designing exterior and interior lighting of buildings where he is acting
on his experience, specialized training and practices in industry and elsewhere. These
tasks occur frequently enough to establish that the Factor of Independence of Action
should be rated at Level 4. The Union has established its case and it is ordered that
this Factor be rated at Level 4.
Factor #7 — Service Delivery: Ratings: College Level 2 / Union Level 3
The factor looks at the service relationship that is an assigned requirement of the
position. It considers the required manner in which the position delivers service to
customers and not the incumbent's interpersonal relationship with those customers.
... The level of service looks at more than ... what customers want and supplying it
efficiently. It considers how the request for service is received (i.e., directly from the
customer, through the Supervisor or workgroup or project leader, or by applying
9
guidelines and processes) It then looks at the degree to which the position is required to
design and fulfill the service requirement.
(i) The Union
The Incumbent meets with clients to discuss logistics of client's events (type of
equipment necessary, set up and power distribution to ensure there is no disruptions all
while working within ESA codes). The Union submits that the services provided are
tailored specifically to each event. Using his previous technical knowledge and
experience the Grievor advises the client of the proper direction to take and explains the
steps necessary to accomplish the tasks. There are no policies or procedures in place
regarding the electrical set up of trade shows. Sometimes the information is not clear
and the Incumbent must revisit the client to confirm certain aspects of the job. There
are many individual pieces of equipment and 200+ clients — both individual and
equipment needs are unique — the setup must be tailored to suit the requirements.
Neither Management nor the Coordinator is involved during the delivery of these
projects. It is the Union's position this Factor should be rated at Level 3.
(ii) The College
The College does not believe the Grievor provides tailored service as this would cause
safety issues if not done within specific parameters. The position is correctly pointed at
Level 2 as the Grievor works only within the client's requests, specifications and
guidelines.
(iii) Findings
The difference between the provision of services at Level 2 from that of Level 3 is the
degree of customization that goes into the delivery of services. I find that the set up for
trade shows and events requires a lot of local knowledge concerning the limitations of
the physical facilities the College has. However there is no customization of the delivery
of services or tailoring of the service. What happens is information on the electrical
physical constraints under which the trade show or event must operate is made
apparent to the users of the venue. That is not tailoring the service provided but merely
explains that an individual cannot set up a stand or some demonstrative piece of
equipment in one location because circuits are across the room (for example) or
whatever else might be the case. Therefore, I find that the Union has not established
the case for the Factor to be rated at Level 3. The Factor of Service Delivery is properly
rated.
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CONCLUSION
For all of the foregoing reasons, I find that the position ought to have a rating of 618
points. Such a point score means that the position remains within Payband I on the
Schedule in the Manual. Therefore, the grievance is dismissed apart from the changes
ordered in Factor 6 to Level 4 and to the PDF which are to be implemented as
discussed herein.
DATED AT LONDON, ONTARIO THIS 19TH DAY OF MARCH 2018.
. I k-jj
Ric and H. McLaren
Arbitrator
11
Arbitration Data Sheet - Support Staff Classification
Cv College: Algonquin College
Current Payband- I
Incumbent: Donald Moberg Supervisor- Manon Levesqu(
Payband Requested by Grievor: K
1. Concerning the attached Position Description Form:
The parties agreed on the contents Q The Union disagrees with the contents and the
specific details are attached.
2. The attached Written Submission is from: 0 The Union Q The College
Factor
Manadement
Union
Arbitrator
Regular/ Recurring
Occasional
Regular/ Recurring
Occasional
Regular/ Recurring
Occasional
Level
Points
Level Points
Level
Points
Level
Points
Level
PoindtsLevel
Points
1A. Education
4
48
A �
�Ct
L-
S
3
1B. Education
2. Experience
1
5
3
69
3. Analysis and Problem
Solving
3
78
}�
3
4. Planning/Coordinating
2
32
?J
c5
L{
5. Guiding/Advising Others
2
17
je
`3
act13
3
�j
6. Independence of Action
3
78
110
l ( Q
7. Service Delivery
2
29
5k
8. Communication
3
78
:1b
3
-21
9. Physical Effort
3
47
141
3
10. Audio/Visual Effort
3
35
3G
3
11. Working Environment
3
69
Subtotals
(a) 583
(b) x
(a)
(b) K ip
(a) G 1.5
(b) 3
Total Points (a) + (b)
Resulting Payband
I
Signatures:.
19 ::Cg N1g
(Date)
1g1M 18
(Date)
OAkLA� n A /fO lq ttS
(College Repres ntati ) (Date)
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(Arbitrat s Sidnnatu(re) (Date of Hearing) (Date of Award)
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