HomeMy WebLinkAboutPatterson 24-04-12IN THE MATTER OF AN ARBITRATION
BETWEEN:
ONTARIO PUBLIC SERVICE EMPLOYEES’ UNION LOCAL 656 (the Union)
and
CAMBRIAN COLLEGE (the College)
Re: OPSEU File #2023-0656-0001
Re: J. Patterson
Appearing for the Union: Jesse Patterson, Grievor
Chad Ravary, Local President
Appearing for the College: Carey O’Connor, Hicks Morley
Sole Arbitrator: Norm Jesin
Date of Hearing: March 21, 2024
Date of Decision: April 12, 2024
AWARD:
The grievance in this case alleges that the grievor’s position as General Maintenance
Worker has been improperly rated at payband level F under the Job Evaluation rating system
prescribed in the collective agreement. It is the grievor’s assertion that his position should have
been rated at payband level H.
The parties have not agreed with the contents of PDF summarizing the duties and
responsibilities of the grievor’s job. For instance, in the PDF submitted by the College the position
summary is set out as follows:
Reporting to the Senior Manager - Facilities Management the incumbent performs semi-skilied
work in tasks usually associated with one or more of the skilled trades in the installation,
maintenance, general repairs and upkeep of buildings, equipment, systems, special events set
up, and facilities. May work under the supervisio n of a tradesperson when ca lled upon to do so.
Assist electrician with monthly generator test.
It is the grievor’s contention that that description does not describe his job in sufficient detail.
According to the grievor, the job summary in the PDF should read as follows:
Reporting to the Manager in Facilities Management, the incumbent performs skilled work in tasks
usually associated with one or more of the skilled trades in the installation, maintenance, general
repairs and upkeep of buildings, equipment, systems, special events set up, and facilities.
Filter inspection and replacement, Drive Belt inspection and replacement, inspect and repair
pulleys, oiling and greasing, unit cabinet repairs, and repairs to exhaust venting on various
Rooftop HVAC units, Heat Pumps, Split systems, Air conditioning units, ventilation fans, gas and
electric dryer units and dehumidification units. In accordance with TSSA Regulations and
Procedures and Equipment Manufacturer specifications and guidelines. (TSSA Requires a valid
gas fitters license to perform these duties)
Troubleshoot heating and cooling controls including sourcing heating and ventilation failures,
stale air, error codes or gas smells in accordance with industry standards and following TSSA
Regulations.
Perform shut -downs and lockouts to systems in accordance with TSSA and OHSA regulations.
Use prior experience and knowledge of skilled trades to assist Plumbers and Electricians with
tasks and duties as required including filter cartridge replacements on drinking fountains and
battery replacements on flushometers in urinals, sinks and toilets when licenced plumbers are
unavailable.
Assist Electrician with the monthly testing of backup generator systems utilizing transfer switches
according to ESA standards.
The grievor is one of three employees in the position of general maintenance worker. The
dispute arises in part because of differences in the job duties assigned to the grievor from those
assigned to the others in the classification. For example, the grievor is responsible for the
performance of a number of duties that require him to be in possession of “gas fitter 2”
certificate. None of the other employees assigned in this classification are required to hold such
a certificate. Although there is disagreement over the extent of duties performed by the grievor
requiring this certificate, there is no dispute that the grievor is required to hold this certificate.
The parties are in dispute with respect to a number of factors set out in the Arbitration
Data Sheet including, Education, Guiding and Advising, Independence of Action, and
Communication, and Audio Visual. During the course of the hearing, and after reviewing the
submissions of the parties I have been able to analyze the duties sufficiently to reach a
determination with regard to the dispute over these factors. I will deal with each of these factors
in turn.
Education
The College initially rated this factor for level 2 under Education 1A and Level 1, for
Education 1B. In its reply, the College amended its rating for Education 1A to level 3. This did not
result in a change to the payband applicable to the position. The grievor asserts that he should
have been rated at levels 4 and 2 respectively. According to the Job Evaluation Manual a rating
of 2 reflects the possession of a one year certificate or equivalent. Level 3 reflects the possession
of a two year diploma or equivalent. Level 4 reflects the possession of a “3 year diploma/degree,
trade certification, or equivalent.” The undisputed evidence required by the grievor is that he is
required to change filters on the Colleges HVAC unit every four months. When it is in heating
mode he cannot turn the system back on unless he is in possession of the gas fitter 2 certificate.
The grievor explained that the certificate is a requirement set by Technical Standards and Safety
Authority (TSSA). That is Ontario’s safety regulator over certain types of equipment including
boilers. The grievor explained that a gas 2 certificate is obtained after 4000 apprenticeship hours
working under the supervision of another person in possession of a gas 2 certificate. The grievor
explained there are other duties he may be required to perform that require the possession of a
gas 2 certificate. Those duties include assessing and sourcing ventilation failures, sourcing
temperature alarms on boiler systems, and sourcing possible natural gas leaks when there are
offensive odors. The college asserts that the amount of work performed for which the certificate
is required is extremely limited. The College further submits that the gas 2 certificate should not
be considered as a “trade certificate” is it is not a recognized trade.
It is not clear to me that the evidence supports that the grievor is required to perform the
extent of duties that he describes requiring the possession of a gas 2 certificate. Nevertheless
there is no dispute that the College does require the grievor to hold such a certificate. However,
I do not agree that the gas 2 certificate attracts a rating of level 4 which applies to a “3 year
diploma/degree, trade certificate …”. The gas 2 certificate is obtained after a 4000 hour
(approximately 2 year} apprenticeship. As such it is my view that the College correctly amended
appropriate rating for this factor to level 3 which describes (a 2 year diploma or equivalent).
Therefore, I will apply a level 3 rating for this factor.
Education 1B
The College has rated this factor at Level 1 for no additional requirements. The grievor
asserts that in his job he is required to hold a driver’s license which should attract a level 2 rating
to reflect courses of 100 hours or less. The College does not asserts that a driver's license could
attract a level 2 rating. Rather, it asserts that the requirement that the grievor hold a driver’s
license if already reflected in the grievor’s higher rating of level 3 under working environment.
I am not prepared to accept that a drivers license, which is held by many adults without
regard to work requirements is the kind of education contemplated in this factor, particularly
where the requirement for a driver’s license is considered under another factor. I will therefore
apply Level 1 for this factor.
Guiding and Advising
The parties are agreed that the regular rating for the grievor’s position is at level 2.
However, the grievor asserts that his position should attract an “occasional” rating of level 3. In
support of this position the grievor asserts that he is occasionally required to advise contractors
and students in the performance of their duties. The job evaluation manual sets level 2 as the
appropriate rating for “guiding” which includes demonstrating correct procedures “for the
purpose of assisting other with skill development and/or task completion”. Level 3 is attributed
where the incumbent advises others in the performance of their work. Advise is defined as having
the authority to recommend or provide knowledgeable direction.
The College submits that the grievor does not advise the students or the contractors as
that term is defined in the job evaluation manual. The College adds that students are not
permitted to work on the HVAC equipment that requires the grievor to hold the gas fitter
certificate.
I am satisfied the grievor does not advise as that term is contemplated in the job
evaluation manual. I therefore agree with the College that a level 3 occasional rating should not
be awarded for this factor.
Independence of Action
The College has rated this factor at level 2. The grievor seeks a rating of level 4. The Job
Evaluation Manual describes levels 2, 3 and 4 in the following terms:
2. Position duties are completed according to established procedures. Decisions are
made following specific guidelines. Changes may be made to work routines.
3. Position duties are completed according to general processes. Decisions are made
following general guidelines to determine how tasks should be completed.
4. Position duties are completed according to specific goals or objectives. Decisions are
made using industry practices and/or departmental policies.
The College has pointed out that although the grievor may be required to change filters
on HVAC equipment. The grievor does not perform repairs on such equipment. Thus the grievor
is often asked to check systems, to change filters and belts and to then restart units after
maintenance is completed. This is verified by a number of work orders submitted by the grievor
in this case. The grievor asserts that he does much more than change filters and belts. He
monitors equipment and troubleshoots problems. The grievor has provided a number of
examples in which he has discovered problems requiring attention and or repair while on
assignments for routine maintenance or for changing filters. In some of these examples the
grievor would call others to effect repairs, either with or without the grievor’s assistance. In other
examples the grievor described how he was able to discover problems and effect minor repairs
on his own.
I agree with the College that the submitted evidence supports the conclusion that that
the grievor performs his tasks in accordance with pre-determined steps. However, I accept that
on occasion, the grievor is required to act beyond the level required for his general assignments.
In my view an occasional rating of level 3 should be applied.
Communication
This factor is rated at level 2. The Union seeks an occasional rating of level 3. The Job
Evaluation Manual describes levels 2 and 3 as follows:
2. Communication involves the exchange of information that requires explanation and/or
interpretation.
3. Communication involves explaining and/or interpreting information for secure
understanding. May involve communicating technical information and advice.
The grievor claims that he is occasionally required technical information to contractors. The
College asserts that the extent of the grievor’s communication with contractors an occasional
rating of level 3. I agree that the evidence supports a conclusion that an exchange of information
may require the grievor’s explanation or interpretation. That is properly captured by the level 2
rating. In my view, the evidence does not support the additional occasional rating of level 3.
Audio Visual
In the arbitration data sheet the College has rated this factor at level 2M (focus
maintained) whereas the grievor has proposed a rating of level 2I (focus interrupted). In my view
the evidence does not establish that the higher rating of 2I is appropriate for this factor for the
work generally assigned to the grievor. The rating of 2M is therefore maintained.
Summary and Conclusions
I have agree with the College that the rating for Education 1A is should be properly
amended to level 3. I have determined that the rating for Independence of Action should be
amended to provide an occasional rating at level 3.
I agree with the College that the rating for the other factors in dispute as determined by
the College was correct. As a result of these determinations the total points to be inserted into
the data sheet is 454 (see datas sheet below). In light of the foregoing the payband remains at
Payband F. The grievor claim to increase the payband for this position is therefore dismissed.
Dated at Toronto, this 12th day of April, 2024.
____________________
Norm Jesin, Sole Arbitrator