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HomeMy WebLinkAboutLeroux Group 12-10-29IN THE MATTER OF AN ARBITRATION BETWEEN: THE COLLEGE EMPLOYER COUNCIL -AND- ONTARIO PUBLIC SERVICE EMPLOYEES’ UNION (FOR SUPPPORT STAFF EMPLOYEES) LOCAL 731 EXPEDITED ARBITRATION FOR JOB EVALUATION GRIEVANCE OF HANK LEROUX AND RICHARD BELLEAU, FACILITY SERVICES WORKER, MILLWRIGHT OPSEU File 2012-0731-0001 Mary Ellen Cummings, sole Arbitrator Appearances: Richard Belleau and Adair Conlon OPSEU Local 731 Jeannine Nagy, Darlene Giba and Rick Sitarski for Confederation College Hearing held September 3, 2012 at Thunder Bay, Ontario Award released October 29, 2012 at Georgetown, Ontario -1- AWARD 1. I was appointed by the parties pursuant to Article 18.4.3.1 of their collective agreement, to hear and determine on an expedited basis, a dispute concerning the job evaluation of the Facility Service Worker, Millwright. 2. The parties disagree about the content of the PDF in some areas. They also disagree about the ratings on four factors; Analysis and Problem Solving, Independence of Action, Physical Effort and Audio Visual Effort. 3. In the course of the hearing, the parties agreed that Audio Visual Effort should be rated at Level 2, Focus Maintained. They also agreed that they will get together to write at least one appropriate example of an activity that reflects the higher than usual need for focus and activity. Background Facts 4. There are two incumbents in the position of Facility Services Worker, Millwright. Richard Belleau, one of the incumbents, who is also the Local President, presented for the union. The Millwrights report to Rick Sitarski, Director Facility Services. 5. The Millwrights perform a wide variety of tasks related to the operation, maintenance and installation of all of the College's mechanical systems, including pumps, water systems, plumbing fixtures and heating and cooling components. Most of their work days consist of performing preventive maintenance on the various components of the systems. They follow maintenance procedures on schedules determined by manufacturers' specifications, warranty requirements and manuals. Much of the equipment at the College is 40 years old, and maintenance schedules and procedures were established years ago. 6. The incumbents, who are qualified trades people, apply their skill and experience to the work and prioritize and organize the preventive maintenance work without the direction of their supervisor. The Millwrights also respond to complaints or concerns, such as no heat or flooded plumbing fixtures. Again, the Millwrights determine the priorities and Mr. Sitarski relies on them to address emergencies promptly, while still meeting their preventive maintenance obligations. 7. There was some discussion about whether Mr. Sitarski gives more direction when new or special projects are undertaken. But, practically speaking, there have been no new or special projects to serve as examples. For the most part, anything "new" is an additional component to an existing system and maintaining that new component becomes part of the routine maintenance and daily activities of the Millwrights as they maintain the overall system. Consequently, as I explained to the parties, I find it is appropriate to rate this position on the basis of the routine maintenance and responding to complaints or concerns that make up the vast majority of the tasks and time of the incumbents. -2- 8. Where there is a relevant dispute about the content of the PDF, I will address it when looking at the disputed factor to which that content relates. Quotes from the Job Evaluation Manual are italicized. Analysis and Problem Solving This factor measures the level of complexity involved in analyzing situations, information or problems in varying levels of difficulty; and in developing options, solutions or other actions. Notes to raters: 1. Consideration must be given to the types of situations that arise and: -how situations, analytical requirements or problems are defined -the range of choice of action within the scope of the job -the level and type of investigation required -how complex or multi-faceted issues or problems are -from which sources assistance is obtained This will help define the application of analysis and judgement within the scope of the job. The above elements must also be considered as a whole when selecting the appropriate level. 2. Consideration can only be give to the extent that judgement is allowed within the parameters and constraints identified in the position duties. Keep in mind, it is the requirement of the position not the incumbent’s capability that is being evaluated. 9. The union wanted to add content to each of the first 3 examples of a regular and recurring activity. The College disagreed, in part because one element would have redefined a term in the Manual. I proposed some language which both parties agree should be inserted in each of the first 3 examples of a regular and recurring activity under this sub factor; Established standards, techniques, guidelines or codes (e.g. operational parameters, temperatures, equipment specifications, tolerances). 10. The parties disagree about whether the 4th example, "chemistry imbalances in the humidity boiler" occurs on a regular and recurring or occasional basis. The union also wanted to add hot water system and chilled water system to the systems that could have a chemical imbalance. 11. After hearing from both parties, I am satisfied that the hot water system and chilled water system should be added and that the work is performed on a regular and recurring basis. Mr. Sitarski said that checking and remedying chemical imbalances took up about 10% of the combined Millwright time. But it is also an unpredictable responsibility. He said that if a problem, such as microbe growth, is detected he would expect the Millwrights to fix it and then monitor with extra testing until they were satisfied. He gave an example of the Millwrights detecting a large imbalance when the HVAC systems for the College’s major addition were brought on line. He said that the Millwrights were expected to continue to test and monitor chemical imbalances and pressures for a long period to see that the problem was resolved. -3- 12. Both parties agree that this 4th example does not have a significant impact on the rating, because the activities are similar to the first three. But there is a value in having an accurate PDF and I direct the College to make the changes. 13. The parties further agreed that it is appropriate to add to this 4th example that WHMIS MSDS are available as a resource. 14. The College argued for Level 3 on a regular and recurring basis. The union countered with Level 4. 15. Level 3 reads, Situations and problems are identifiable, but may require further inquiry in order to define them precisely. Solutions require the analysis and collection of information, some of which may be obtained from areas or resources which are not normally used by the position. 16. Level 4 reads, Situations and problems are not readily identifiable and often require further investigation and research. Solutions require the interpretation and analysis of a range of information according to established techniques and principles. Established techniques and/or principles are defined as recognized guidelines and/or methods to accomplish a desired outcome, can be defined as an individualized way of using tools and following rules in doing something; in professions, the term is used to mean a systemic procedure to accomplish a task. 17. The union acknowledged that in performing preventive maintenance work, the tasks and responsibilities, and route to a solution are clear. But that is not the case when the Millwrights address complaints that a system is not working. Someone complaining about no heat is not presenting a readily identifiable problem. That complaint is only presenting a symptom and the Millwrights have to figure out what the actual problem is. That problem may not be readily identifiable and requires the incumbents to analyze a variety of symptoms. When the source of the problem is discovered, the incumbents must not only resolve it, but look further to see how a recurrence can be prevented. 18. The College responded that the tasks undertaken by the Millwrights as described in the PDF require standard trouble shooting and that visual inspections can often identity a problem. The College noted that the Millwrights rely on past practice, and the manuals provided by the manufacturers of the various equipment. 19. I am satisfied that the nature and the quality of the decision-making undertaken by the Millwrights is captured at Level 3. First, Level 3 values sophisticated decision- making, requiring the collection of a range of information, usually from familiar sources, and its analysis. The information is collected both to define the problem and to resolve it. I understand that the Millwrights must work through a series of steps in analysing any problem. They must necessarily use the information previously collected to decide where to look next and in what order to consider the possible causes of the problem, how to solve it and prevent its recurrence. In my view, that type of analysis and problem-solving is fully captured at Level 3. This position is not required to undertake the investigation and research that is an integral part of Analysis and Problem Solving at Level 4. -4- Independence of Action This subfactor measures the level of independence or autonomy of 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 These considerations, when taken as a whole, will define the parameters and constraints of the position within which the incumbent is free to act. 20. The College rated the position at Level 3 on a regular and recurring basis and Level 4 on an occasional basis. The union submits that Level 4 on a regular and recurring basis is appropriate. The definitions read as follows: Level 3, Position duties are completed according to general processes. Decisions are made following general guidelines to determine how tasks should be completed. A process is defined in the Manual as a series of activities, changes or functions to achieve a result. Level 4 reads, Position duties are completed according to specific goals or objectives. Decisions are made using industry practices and/or departmental policies. Industry practices are defined in the Manual as technical or theoretical method and/or process generally agreed upon and used by practitioners to maintain standards across a range of organizations and settings. 21. The union argued that since the College acknowledged that the incumbents performed at least some of the time at Level 4, it was appropriate to rate the position at Level 4 on a regular and recurring basis because there was no foundation in the PDF to explain why some of the activities of the incumbents attracted a lower level of independence. 22. The College responded that for the most part, the preventive maintenance and emergency responses performed by the Millwrights are captured by Level 3. The Millwrights have manufacturers’ manuals that dictate the processes they are to follow to test system components, rectify any issues and monitor for continued good performance. From time to time the College asks the Millwrights to perform more specialized skilled tasks, that are also often performed by outside trades people. It is this occasional responsibility that the College has identified as carrying a Level 4 independence of action. 23. The Notes to Raters read: Level 3-specific results or objectives that must be accomplished are pre-determined by others. The position has the ability to select the process(es) to achieve the end result, usually with the assistance of general guidelines. The position has the autonomy to make decisions within these parameters. Level 4-the only parameters that are in place to guide the position’s decision-making are “industry practices” for the occupation and/or departmental policies. The position has the autonomy to act within these boundaries and would only need to consult with the supervisor (or others) on issues that were outside these parameters. -5- In my view, important parts of the Level 4 Note to Raters do not fit with this job. It is not fair to say that the only parameters or constraints on decision-making are the industry practices. The Millwrights have access to and rely on the system components’ manuals and maintenance protocols and schedules in their daily work. Level 3, with an occasional Level 4, as advocated by the College, is appropriate. 24. For that reason, I also disagree with the proposed changes that the union wants to make to the PDF to remove the references to “trade practices, established guidelines and manufacturer’s recommendations while performing a task” and substituting it with “follows trade/industry practices (e.g. technical process required to maintain standards.)” 25. The PDF as drafted for Independence of Action, is accurate. Physical Effort 26. The parties are agreed on the content of the PDF. The incumbents do the following on a daily basis: stand for 1-2 hours at a time, walk for less than an hour at a time, bend and lift for 1-2 hours at a time, carry objects for less than one hour at a time, pull and push for less than an hour at a time and perhaps most important, work in an awkward position for one to two hours at a time. The incumbents regularly lift small and medium weights and occasionally lift large weights. 27. The parties also agree that the incumbents are able to reduce strain. For example, when working in an awkward position, the Millwrights can stop, straighten up, stretch and then return to the task. Moderate Physical Effort includes –restricted ability to adjust working position for longer periods of time (over 30 minutes) or sustaining awkward work positions (up to 30 minutes). Heavy Physical Effort includes –sustaining awkward work positions for long periods (over 30 minutes). 28. The College’s submission focused on whether the Millwrights are able to reduce strain in their awkward positions. The College asserted that the union provided no examples where the Millwrights had to endure more than 30 minutes of awkward positioning without relief, on a regular basis. The College rated the position at Moderate Physical Effort on a regular and recurring basis and Heavy Physical Effort on an occasional basis. 29. The union responded that the incumbents are able to move from an awkward position to stretch, but they must then return to the same task. They are not able to change tasks. For that reason, the union submits that the position should be rated at Heavy Physical Effort on a regular and recurring basis. With respect, there is no basis in the Manual to narrowly interpret the ability to reduce strain as the union submits. In my view, so long as the incumbents are able to get relief from awkward positions by moving away, standing up, and stretching, it does not matter that they must then return to the awkward position to complete the task. I believe that the College has properly rated this factor. -6- Summary 30. For the reasons set out above, I find; Analysis and Problem Solving Level 3 78 points Independence and Problem Solving Level 3 RR/Level 4 O 87 points Physical Effort Level 2 RR/Level 3 O 32 points 31. As set out above, the parties agreed that Audio/Visual Effort should be Level 2, focus maintained, for 20 points. 32. When those points are added to the agreed upon ratings, the position receives 621 points, and is therefore, at Payband I. Signed at Georgetown Ontario, this 29th day of October 2012. Mary Ellen Cummings Arbitration Data Sheet - Support Staff Classification College: Confederation Incumbent: Hank Leroux and Richard Belleau Supervisor: Rick Sitarski Current Payband: I Payband Requested by Grievor: J 1. Concerning the attached Position Description Form: The parties agreed on the contents The Union disagrees with the contents and the specific details are attached. 2. The attached Written Submission is from: The Union The College Factor Management Union Arbitrator Regular/ Recurring Occasional Regular/ Recurring Occasional Regular / Recurring Occasional Level Points Level Points Level Points Level Points Level Points Level Points 1A. Education 4 48 4 48 1B. Education 1 3 1 3 2. Experience 5 69 5 69 3. Analysis and Problem Solving 3 78 4 110 3 78 4. Planning/Coordinating 3 56 3 56 5. Guiding/Advising Others 5 53 5 53 6. Independence of Action 3 78 4 9 4 110 3 78 4 9 7. Service Delivery 2 29 2 29 8. Communication 3 78 3 78 9. Physical Effort 2 26 3 6 3 47 2 26 3 6 10. Audio/Visual Effort 2 20 2 20 11. Working Environment 3 69 3 69 Subtotals (a) 607 (b) 15 (a) 692 (b) (a) 607 (b) 15 Total Points (a) + (b) 621 692 621 Resulting Payband I J I Signatures: Mary Ellen Cummings October 3, 2012 October 29, 2012 (Arbitrator's Signature) (Date of Hearing) (Date of Award)