Loading...
HomeMy WebLinkAbout1984-0770.Moore and Bateman.85-06-25??0/84 771/84 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before / ' THE GRIEVANCE SETTLEMENT BOARD Between: OPSEU (G.E. Moore & R. Bateman) Before: For the Grievors: For the Employer: Hearing: Grievors - and - The Crown in Right of Ontario (Ministry of Transportation and Communications) Employer G. Brent Vice Chairman M. Perrin Member R. Roberts Member M.I. Rotman Barrister & Solicitor / P.W. Codner Staff Relations Officer Central Region Ministry of Transportation and dominunications January 24, 1985 2 There are two grievances (EXs. 1 & 2) both dated July 5, 1984 before this Board. Both allege that the grievers are wrongly'classified as Highway Equipment Operators (HEO) and should be classified as Maintenance Mechanics 2 because they do "basically the sdme job" as the Maintenance Mechanics 2. Mr. Moore is classified as HE0 2 and Mr. Bateman as HE0 3. Their job titles are SpecialJobs.OperatorsAB and B and they work on a special job crew. It was agreed that the evidence concerning the work done by the grievers could be given by Mr. Bateman alone. .Both grievers work in the Burlington District, District 4, of the Ministry. In the winter MZ. Moore drives a snow plow and Mr. Batemen does night patrol work, that is, he patrols areas to ensure that the roads are in good repair and sends out sand, salt, and snow plows to areas. In the other times of the year they work together with a working foreman, and in the last such period did.the following jobs (source EX. 9): Repaired Security Fence Charles Daley Park Repaired 8 Catch Basins Hwy #420 Removed and Installed Security Fence Winona Stock Complex Removed and Installed 6' Securitv Fence Hwv #54 in York Repaired Double Catch Basin Installed Concrete Pad Installed 16" Culvert 40' Long Extended Catch Basin Added 2 Culverts and Back Filled Ditch Installed 2500' of Security Fence Installed Farm Fence Jack-hammered Light Standards and Concreted Light Standards Back In Repaired Stairway and Handrail with Concrete Dug out and Repaired Cracked Asphalt Shoulder Grouted Light Standard Repaired Curved Flex s&m Installed 350' curb Fiwy #451 Winona Complex Winger Hwy P55 Niagara-on-the- Lake Hwy ;t451 Lundys Lane, . Niagara Falls aeaverdams latrol Yard Garden City Skyway' Hwy ~54 at York ~wy 83 Canfield Garden City Skyway Hwy X3 Wellandport Road Thoroldstone Road & 92 . E . w . 3 Tore out and Installed Flex Beam Removed Curb and Installed new 120' Installed Catch Basin & Connected To Culvert To Basin my #406 Hwy #5S and Thorold Tunnel my #3 winger Extended Flex Beam & Buried in Ground Hwy #451 at Grimsby Repaired Farm Fence Hwys #406-451 Installed & Removed 3 cable Guard Rail ~wy #451 at Grimsby Repaired Bank Slipage Iiwy #140 Forks Road Repaired Culvert Separation Hwy #451 at Ontario Street Installed Flax Barriers Hwy #451 at Tee Creek Laid Asphalt on Bridge Deck Palmer Ave., Niagara Falls Installed curved Flex seam Around Hwy #405 at Con. 6 Bridge Abutment and Flex Barriers Installed Farm Fence 1 Km. Hwy #405 at Con 6 to Q.E.W. Laid Sod Hwy #3 Lowered Catch Basin and Grate Bwy #3 at canfield Poured Catch Basin to Connect to HWY #451 Stoney creek storm Sewers It was Mr. Bateman's evidence that in the course of their non- winter work he and Mr. Moore work along with the foreman or on their own doing a variety of tasks such as tearing down old security fence, straightening fenceposts, using a cutting torch, digging postholes, mixing and pouring~cement, calculating materials needed to do particular jobs, building appropriate forms, etc. He said that in the course of their work they must know how to estimate what materials are needed and what procedure to use because each job is different. Mr. Bateman said that when they first started on the job the general foreman told them what to do and how to do it. Over the past couple of years they learned more and more of the job, and when-the general foreman retired they had to teach his replacement aspects of the job. Mr. Bateman's testimony was that, as a result of the relative inexperience of the new foreman, both he and xr. xoore started doing more and more of the job. They concluded that the work was the same as that done by the Bridge Repairer - Maintenance Mechanic 2. In relation 4 to the work done on the light standard replacement on the Skyway, Mr. Bateman said that the work was done on a bridge and that the Sridge Repairer - Maintenance Mechanic 2 would normally do the work. The special jobs crew has a truck which is essentially the crew's headquarters and shop on wheels. It contains virtually everything that a small shop would contain.. The crew is assigned to the truck andone member operates the truck and is responsible for.the maintexiance of the truck. Mr. Bateman agreed that the position specification and classification forms (Exs. 4 & 5) were accurate in setting out their duties. The Special Jobs Operator AB - HE0 2 is setoutin Exhibit 4 and the Special Jobs Operator B - HE0 3 is set out in Exhibit5, they are set out Jn part below: cm.41 2. PURPOSE OF POSITION To operate and maintain type A equipment in summer as well as labouring duties as r:equired. During winter months will be assigned as an operator on a 4-6 ton truck with snow removal attachment. 3. S0DWG.Y OF DUTIES BM) RESPONSIBILITIES Performing work assigned by: 35% - operating type A equipment such as 2-5 ton' truck, air compressor, cement mixer, drill, tractor loader, post hole auger, tamper, etc. while performing the following duties: - erecting and replacing damaged fence along right-of-way. - performing concrete repair to curbs, catch basins, bridges, etc. - cleaning out ditches~ on right-of-way and installing new culverts where necessary. - patching pavement throughout district using shovels and rakes to place and level the hot mix; spraying asphalt with spray bar. - repairing sloped paving (bridge sites, etc.) - installinr and repairing flex beam and guide rail cable. - performing maintenance of lands and buildings throughout districts, e.g. cisterns, wells, plumbing, etc. 20% - performing labouring duties as assigned. I (! 5 Winter duties: 45% - opera,ting a truck with snow removal attachments. - performing labouring duties as required. - performing other duties as assigned. 4. SKILLS AND KNOWLEDGE RHQUIRRD TO PERFORM THB IaJBx Successful completion of appropriate M.T.C. Operator's Tests and possession of a Class D or better driver's licence; working knowledge of highway maintenance and equipment operation: acceptable driving record. . . . . . . . . . . 6. CLASS ALLCCATION UASSTITLR Highway Equipment Operator 2 . . . . . . . . I HAVE CLASSIPI8D THIS POSITION UNDER AUTHORITY D~EGATED TO nx BY THE DEPUTY ~NISTER AND IN ACCORDANCE WITB TEE CIVIL S8RVICE COl¶NISSION CLASSIFICATION STANDARDS FOR THH POLLOWING MASONS: Incumbent operates Type A equipment in Summer and Type B equipment in Winter (75% of time). Type ,B equipment is operated 45% of the year. ..firming existing classification. m. 51 2. PURPOSE OF POSITION TO operate and maintain one or more units of Ministry Type A equipment and do labouring duties on small and major projects throughout the district. During winter months will be assigned to winter maintenance operations as a night patroller. 3. SUMMARY OF DDTIES AND RgSPONSIBILITIES Performing work assigned by: 35% - operating type A equipment such as 2-5 ton truck, air compressor, cement mixer, drills, tractor loader, post hole auger, tamper, etc. while performing the following duties: - erecting and replacing damaged fence along right-of-way. - performing concrete repair to curbs, catch basins, bridges, etc. - Cleaning Out ditches on right-of-way and installing new culverts where necessary. - patching pavement throughout district using shovels and rakes to place and level the hot mix; spraying asphalt with spray bar. - repairing sloped paving (bridge sites, etc.) 6 - installing and repairing flex beam and guide rail cable. - performing maintenance of lands and buildings throughout district, e.g. cisterns, wells, plumbing, etc. 20% - performing labouring duties as assigned. Winter duties: 45% - acting as Night Patroller during winter maintenance operations. - other duties as assigned. 4. SKILLS AND KNOWLEDGE REQUIRED TO PBRFORX TEE %ma successful completion of appropriate M.T.C. Operator's Tests and possession of a Class D or better driver's licence; working knowledge of highway maintenance and equipment operation; acceptable driving record. . . . . . . . . . . 6. CLASS ALLOCATIOS CLASS TITLE Highway Equipment Operator 3 . . . . a... I EAVB CLASSIFIED TBIS POSITION UNDER AUTEORITY DELEGATED TO HE BY THE DEPUTY UINISTER AND IN ACCORDANCB NITE THE CIVIL SBRVICB COHMISSION CLASSIFICATION STANDARDS FOR TSE pOLI.QWING REASONS: Incumbent operates Type A equipment in Summer and Night Patroller in Winter for 70% of working tine. The position specification and classification form for the Bridge Eepairer Maintenance Mechanic 2 (Ex. 6) was also produced as an exhibit in the case. The material portions of that form are reproduced below: [RX. 61 2. PURPOSE OF POSITION Under the direction of one of the Bridge Crew Foremen/women incumbent performs a variety of semi- skilled tasks required in repairing highway bridges, culverts and retaining walls and operates special tools and equipment necessary for the work. 3. SLKWARY OF DUTIES AND RFSPONSIBILITIES 60% carries out repairs to highway bridges, culverts and retaining walls by performing such duties as: - Cutting away damaged concrete, drilling and setting dowels in concrete and rebuilding concrete piers, abutment walls, wing walls, 7 L etc. - Removing worn out bridge decks and replacing with new decks of timber, concrete or steel. - Repairing concrete walls by filling cracks and re-surfacing with pressure grout. - Jacking up steel trusses and rebuilding the concrete. supports. - Installing and repairing steel expansion joints and handrails using acetylene and electric welding equipment to cut and weld material. - Building stone rip-rap and assisting in the driving of sheet piling for the protection of piers and footings. - Cutting and bending r.inforcing steel to suit plans. - Erecting and welding minor parts in structural steel. - Constructing wooden forms and pouring concrete for bridge walls, sidewalks and curbs. - Installing and repairing bridge drains. - cleaning and removing scale and rust from structural steel and repaihting as required. - Incumbent is subject to adverse weather conditions and is frequently working at great heights. - Inspecting and repairing overhead sign structures as well as erection of same. - Inspecting bridge structures throughout District as well as supervising painting contract. 40% Assigned to winter maintenance operation in capacity of snow plow operator or night patroller. 4. SKILLS AND KNOWLEDGE REQUIRED TO PERFORM THE huRK Ability to understand written and oral instruction. Knowledge of specialized tools and equipment, knowledge of Maintenance Standards and Procedures. Ability to perform a variety of semi-skilled maintenance duties. . . . . . . . . . . 6. CLASS ALLOCATIOB CLASS TITLE. Maintenance Mechanic 2 . . . . . . . . I EAVB CLASSIFIED THIS POSITION UNDER AUTBORITY DELEGATED TO ME BY THE DEPUTY MINISTER AND IN ACCORDANCE WITE THE CIVIL SERVICE COI'lMISSION CLASSIFICATION STANDARDS FOR THE FOLLOWING REASONS: Incumbents are engaged in semi-skilled tasks 8 required in the maintenance of, highway bridges, culverts and retaining walls. Duties include: repairing bridges anh culverts; erecting and welding minor parts in structural steel; constructing wooden forms; removing scale and rust from structural steel and repainting as required. Incumbents areinvolvedin maintenance work for 60% of the tine. Confirming Existing Classification. Mr. Bateman testified that in the course of their job the grievers have repairedculverts and retaining walls. He saidthatthey do not rebuild concrete pilings or wing walls and have never done pressure grout work. He testifiedthat they have laid asphalt on bridge decks and have had to use compressors to blow loose pebbles out.' He also indicatedthatthey use acetylene torch~es in the course of their work and have done work on the curbs as they come off the bridges. He said that they have not done any work on drains,on bridges. In short, it would appear that the grievers do all of the tasks which are set out on Exs.4 L 5 andthatsome ofthosetasks overlap with the duties set out on EX. 6, although they do not perform allofthe duties of the Bridge Repairer. The Board also heard evidence from mr. Burnham, who is currently a Bridge Repairer - Maintenance Mechanic 2. Before that he was classified as and worked as a HI30 2. Mr. Burnham heard the evidence given by Mr. Bateman concerning the work which the yrievors do. Mr.~ Burnham testified that, based on that testimony and his own experience, "the majority of the work [.done by the yrievors] is comparable [to the work that he does1 with equal skills and talents". He also said that he has not performed all of the duties set out on Ex. 6 but that he has performed most of then. tie did not dispute the accuracy of Ex. 6 as it 9 relates to his duties and responsibilities. He further testified that in the courseof his work he may haveto drive to a job site from time to time, but that the type of truck he may have to drive would be assigned to the job according to needs; whereas the grievers, as part of the special jobs crew, are assigned to a particular truck which they dri6e regardless of .the job they are going to. It would also appear from Mr. Burnham's evidence that people in his classification would attend special concrete and asphalt seminars from time to time and that people on the special jobs crews, such as the grievers, would also attend the same seminars. It was the EmplOyer’S evidence, as given by Mr. Scrimshaw, the Maintenance Supervisor, that the special jobs crew consists of two general foremen, four HEOs 2, and one HE0 3. Mr. Scrimshaw said that approximately 20% of the grievers' duties would involve work repairing and cbnstructing catch basins and security fences. He also said that Type A equipment includes compressors, post hole augers etc., as set out in EXs. 4 and 5. Mr. Scrimshaw said that he was familiar with the work of the Bridge Repair.er - Maintenance Mechanic 2, and confirmed that the Bridge Repairer would also be using Type A equipment in the course of his work. The relevant parts of the class standards for the jobs are set out below: m. 71 PREAMBLE HIGE@Y EWIPMENT DPERATOR SERIES GENEW-D_ECRIPTION OF DUTIES: Employees in these classes operate vehicles and equipment in connection with the construction, maintenance, snow removalandpatrolof highways 10 and roads serviced by the Ministry of Transportation and Communications. They are assigned to one of four classes in the Highway Equipment Operator Series based on (1) type Of equipment operated, (2) percentage of time running particular equipment, (3) seasonal assignments, (4) qualifying tests, and (5) percentage of time spent on equivalent assignments as specified in this series. Operators are required to service and clean equipment, report needs for repairs and they may assist mechanics on repair work. Their work is scheduled daily by project foremen or other supervisory staff but they are required to operate equipment without immediate supervision. Positions may be in the Ministry's District Offices or in Head Office Branches. EQUIPMENT: many pieces of equipment used by the Ministry staff are classified into three groups depending on the complexity of the equipment and the skill required of the Operator. In Appendix 1 - Equipment List - Type “A” equipment represents light equipment, Type "8" heavy equipment, and Type "c" heavy and highly specialized,equipment. VP= "A" is the lowest rated equipment, Type "B" the next lowest, and Type "C" is the highest rated. Refer to Appendix 1 for equipment listing and rating. GENERAL REMARKS: The nature of the work in this class series is determined partly by seasonal requirements (e.g. summer construction and winter maintenance) and the Operators may be assigned to non-operating duties for part of the time. The duties in the Class Standard are listed on a seasonal basis to correspond with the Ministry's activities, and to recognize the variation in assignments given to Operators throughout the year. The particular duty .ombinations stated are the most common. NOTE: 1. If an Operator runs light equipment in one season and heavy equipment in the other, for a combined total of 70% of the total working time, as a general rule he will be rated at the higher level only if he operates the heavy equipment at least 40% of the total year's working time; otherwise he will be rated on 11 the basis of light equipment. 2. The duties of a wingman sre equivalent to operating Type "A' equipment. 3. The duties of assisting the Equipment Operator Instructor, which may be performed by Highway Equipment Operator 3 or 4, are equivalent to operating Type "C" equipment. . . . . . . . . . . HIGHWAY EQUIPMENT OPERATOR 2 CLASS DEFINITION This class includes positions of Highway Equipment Operators who are assigned the duties described in one of the following work categories: ?I) Operate Type "A" equipment in summer, and operate Type "B" 'equipment in winter; b) Operate Type "B" equipment in summer, and act as wingman in winter; C) Act as labourer in summer and perform'the duties of a night patrolman in winter. SKILLS AND KNOWLEDGE REQUIRED,: 1. Some experience in the operation of highway equipment or related types of machines. 2. Ability to supervise labourers or other assistants. An aptitude for driving and acceptable driving record. Wingman equates to Type "A" equipment. In mixed positions, where operators operate heavy equipment in one season and light in~the other, they must operate Type '9" equipment at least 40% of &he year to be included in this class. Night patrol assignments must be of at least 4 months duration. HIGHWAY EQUIPMENT OPERATOR 3 CLASS DEFINITION: This class includes positions of Highway I i 12 Equipment Operators who are assigned to the duties described in one of the following work categories; - a)‘ Operate Type "B" equipment in summer and winter for a total of at least 70% of the year's working time; b) For a total of at least 70% of the year's working time, operate Type "B" equipment and assist the Equipment Operator Instructor (Type Cl, such assistance being less than 40% of the year's working time; C) Operate Type "A" equipment in summer and act as night patrolman in winter for a total of 70% or more of the year's working time. SKILLS AND KNOWLEDGE RBQUIRED: 1. Several years of experience in the operation of highway equipment or on related types of machines; an aptitude .for driving and an acceptable driving record. 2. Ability to supervise labourers or other assistants. Assignment of assisting the Equipment Operator Instructor equates to Type "C" equipment. Night patrol assignments must be of at least4 months duration. IYAINTBNANCE SERVICES CATEGORY This category includes: - positions in the general skills and trades areas involving the performance of : 1~ unskilled, semi-skilled and skilled work relat~iny to one or more of the trades and/or involving the operation and servicing of equipment or vehicles. These positions entail such duties as the fabrication, alterations, maintenance, and the operation or repair of buildings, structures, roads, grounds equipment or vehicles. - positions involving the operation, repair, 13 . and maintenance of steam heating and power plants for the generation of heat, electricity or steam comprising one or more boilers and including0 any auxiliary equipment such as compressors, air conditioning and refrigeration machinery and electric motors. The duties of these positions also entail the operation, cleaning, repair, maintenance and inspection of machinkry. - positions existing in a printing shop environment and involving the operation of duplicating, printing and bindery equipment used in printing operations. The duties of these positions entail the making of 1 printing plates; the performance of bindery .operations'by manual or mechanical means; the operation of linotype machines; the operation of cylinder, platen and offset presses; and the routine maintenance, repair and adjustment of equipment and components. L positions involving the inspectional derivates of the trades allocated to this Category. This Category does not include: - positions involving unskilled work in support of agricultural, forestry and wildlife programmes. -positions where the operation of reproduction equipment is performed in an office environment. Preamble MAINTENANCE TRADES CLASSES 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, ,,.-. 14 i' Journeyman and Maintenance Foreman. This series is intended to cover the following situations; 1. 2. 3. TO permit recruitment of employees with limited formal educational qualifications, who, through on the job training and t?XpSTiellCe, may progressively acquire the knowledge and skills which will allow them to advancetopositions 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 establishement of a position in that specific trade. To provide for supervisory responsibility over a variety of skills, ratherthanthose 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 se-finishing of canoes and boats; operation of a water and sewage disposal system. . . . . . . . . . . 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 re.latively large number of allocations will, inevitably, be atypical to a greater or lesser degree. TIie reasoning followed in relating the duties of 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. . . . . . . . . . . EXCLUSIONS: In some positions, some of the duties 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 thepositionalsoinvolvesthe use of specialized equipment. Such positions are covered by special classes or class series such as: . . . . . Highway 15 Equipment Operator . . . . . and are excluded from the Maintenance Trades Classes. MAINTENANCE MECHANIC 2 CLASS DEFINITION: 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, where the quality of the completed work or the complexity of the tasks does not warrant the services of a qualified skilled tradesman. These employees use power 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 _nqaqed in maintenance work for at least 60% of their work time. These employees may assist skilled tradesmen in the performance of their work by substituting for them in completinq the routine tasks associated with the trade ore they may assist maintenance mechanics and skilled tradesmen in a variety of mechanical maintenance tasks. Under general supervision, these employees perform tasks such as: . . . . erect partitions, fences, etc.; . . . . make minor repairs to vehicles: . . . . repair bridges, culverts; . . . . braze, weld and solder tractable materials; prepare surfaces and apply paint; service internal combustion engines and carry'out running repairs; . . . . 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 helpers as are assigned to them. QUALIFICATIONS: .l. Elementary school education, preferably with some training in the use of common hand tools and power equipment. 2. At least two years' experience as a 16 Maintenance Mechanic 1 or a combination of formal training and experience acceptable to the Civil Service commission as 'the equivalent. 3. Ability to understand simple plans, diagrams 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. It was the Employer's evidence given through Mr. Girard, the Regional Personnel Officer, that the grievers' jobs were classified as Highway Equipment Operators because of the assigned time which was spent on Type A equipment in the summer and the winter assignments. He said that the jobs fit the KighViay Equipment Operators series, and that therefore there was no need to compare to any other job classification. He further pointed out that the Maintenance Mechanic classification and the ,Hiqhway Equipment Operators classification are mututally exclusive (see Ex.8 EXCluSiOnS). We agree that in order to succeed the ilnion must show, on balance, that the qrievors are performing the same duties as employees in a higher classification. The obliqationofthis board, as confirmedin Ontario Public Service Employees Union and Her Majesty the Queen et al. --- - 7- (Brecht), (1984) 40 O.R.(2d) 142, is to consider whether the qrievors' jobs come within a higher classification or whether they are performing the same work as those in the classification claimed. That is, we must not only compare the grievers' duties with the class standard: we must also compare the qrievors' jobs with the work performed by employees in the higher classification - even if that classification is in a different series thdn the one in which the qrievors are placed. when one compares the position specifications for the grievers' jobs (EXS. 4 & 5) to the classifications in the Highway Equipment 17 i Operator Series (Ex. 7) it certainly appears that, given the assessment of assigned time on Type A equipment, they are properly classified within the series as Highway Equipment Operators 2 and 3. ./ The real issue, as we understand it, is that the grievers claim that their work is the same as that performed by employees in the Maintenance Mechanic 2 position (Bridge Repairer - Ex. 6). we accept from the evidence that there is a similarity between the qrievors' jobs and that of the Bridge Repairer, in that they all appear to be doing semi-skilled tasks involvedinthe maintenance of roadways and their \, I surrounds. There is no dispute that during the winter months the Bridge Repairers and the qrievors all perform the same work. The evidence which was presented to us, though, made it clear that the job specifications were accurate and that the qrievors hadnotperformed most of the jobs set out on the Bridge Repairer specification (Ex. 6). That job specification indicates thatthe'incumbent spends 60% of his time "carr[yingI out repairs to highway bridges, culverts and retaining walls" and that h J does that by performing the specific duties catalogued.in the position description. Since the grievers do not spend t 60% of their time "carr[yinql out repairs to highway bridges, culverts and retaining walls", it is difficult to.quarrel with the fact that they are not classified as Maintenance Mechanics 2 - Bridge Repairer. When Mr. Burnham testified, he gave an opinion that the majority of the work done by the qrievors was comparable to the work he did as a Bridge Repairer and required "equal skills and talents". That may be correct. certainly it seems that the bulk of the work described to us could fit within the general scope of semi-skilled work on road surfaces and their environs; however, once one leaves the qeneralandlooks at the particulars as se.tout in the job specifications it is clear that, . -’ 18 i given that it is admitted that the job specifications are accurate, the grievers cannot be said to be doing the same job as Mr. Burnham, even though the jobs may require essentially equal skills and talents, and even though there may be overlap in areas. It would appear that the classification of the grievers' jobs was not disputed until the new, relatively inexperience foreman took over responsiblity for the crew and the grievers had to make use of their greater experience,to show him how the jobs should be done and to \ explain proper procedure to him. Therefore, if there has been any qualitative change in the job, it has not been in relation to the actual duties performed or to the time assigned to Type A equipment, but rather it has beentothe amount of extra time and effort required while the new foreman was learning the job. That sort of change does not justify reclassifying jobs. The Maintenance Mechanic class appears to a rather broad catch-all sort of class. Since all semi-skilled worke.rs by definition do semi- skilled work, it is easy to generalize about the equality of skills and talents needed to perform different semi-skilled work; however, since different class standards based on different definitions do exist for semi-skilled workers in the Ministry, we must consider the particular duties performed and measure then against the work of the classification claimed. When that is done, we cannot agree that the grievers shotild be reclassified as they request in their grievance. Although we ware'never informed of the wage differential which may exist between the two classifications, we trust that if there is such similarity in skills and talent as Mr. Surnham suggested the situation can be remedied in salary negotiations. That would be a better avenue . . ?-( : 19 of redress for a claim based on broad similarities of skill levels than seeking reclassification where duties performed do not justify disturbing the existing classification. DATP.D ATLONDON,~NTARI~!ITU~ 25th DAY OF June , 1985. %a- G.~rent, Vice Chairman "I dissent" M. Perrin, Member v Ii. Roberts, Member