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HomeMy WebLinkAbout1985-0005.Anstett et al.91-01-041 _ .,._ _- i .)+ ,-,' c ONTARlO EMPLOY~SDE LA CO"RONNE CROWN~MPLOYEES OEL'ONTARIO GRIEVANCE CQMMISSION DE ;tT--MENT REGLEMENT DES GRIEFS I IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEEB COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLENENT'BOARB OPSEU (Anstett et, al) - and - Grievor The Crown in Right of Ontario (Ministry of Correctional Services) Employer BEFORE: P. Enopf Vice-Chairperson G. Majesky Member D. Walkinshaw Member N. Coleman Counsel Gowling, Strathy & Henderson Barristers 6r Solicitors FOR THB_ EMPMY 3 3. Benedict Manager Staff Relations and Compensation Ministry of Correctional SerViCeS HEARING March 27, 1990 October 12, 1990 November 20, 1990 i i i . ,>, DECISION 1. Introduction This case involves a number of Gricvors who are seeking reclassification. They all work in or out of the Repair Shop at the Guelph Correctional Centre and are. classified in the Maintenance Trades Class Series. They are seeking reclassification to the Industrial Officer Class Series. The Board heard extensive evidence and argument in the four days of hearings. However, there is little factual dispute between the parties. The Guelph Correctional Centre is a large institution requiring a significant amount of maintenance and repair . work. Many of the buildings are over 70 years old. It houses up to 600 inmates with approximately 450 staff members. The Institution ascribes to the philosophy of utilizing inmates in productive activity that can help them develop job skills and further their own rehabilitation. Both the physical needs of the facility and the rehabilitative goals of the inmates are served by the Repair Shop. The Repair'Shop employs people like the Grievors who are responsible for carpentry, painting and plastering needs in the Institution. These employees work with small inmate crews who assist with the work and thereby begin to develop job skills and work towards their rehabilitation. Mr. Grottcnthaler, the Senior Assistant Superintendent of Services and Industries, also testified that the inmates were utilized in this "beneficial labour" so they would not be idle and could contribute to the cost to their incarceration. He also feels this enhances security in the Institution. Thus, the Repair Shop serves many important and valuable functions for both the Institution and the inmates. i i._ in. ,,, -2 - In addition to the Crievors, Custodial Officers and Industrial Officers work out of the Repair Shop doing allegedly similar work with similar responsibilities for inmate work crews. Because of this, the Union brings these grievances with the dual assertion that the Maintenance Officer classification is inappropriate for the Gricvors. Further, or- in the alternative, the Union relies on the usage argument that the Grievors' duties and responsibilities are substantially similar to those of the Industrial Officers. We shall deal with each of the positions in turn. 2. The Positions in Question (a) Building Maintenance Foremen Grievor Smith in position 1983. to 1988 Grievor Mullen in position 1988 to preSent This is the position which serves as the Foreman for the Repair Shop. It involves the supervision of the tradesmen of carpenter, painter, and plasterer/bricklayer. It also involves supervision of Correctional Officers, Industrial Officers, contract employees and sub-contractors who work out of the Repair Shop. The Repair Shop is comprised of several work areas and offices and all the equipment on hand necessary for the production, repairs and renovations handled by the Shop. This work includes interior and exterior painting of the facilities, renovations and repairs, production of kit boxes for the inmates, production of picnic tables and cement and plastering work as well as general duties. The Repair Shop Foreman is responsible for the ordering of the materials and equipment that ~aro necessary in ensuring that the jobs arc done correctly. He reviews the work done in the Institution. The parties agree that the position specification for the Maintenance Foreman is accurate. It reads: I, , \, i rt, -3- PURPOSE~OF POSITION To perform and co-ordinate a variety of skilled maintenance tasks, to supervise a support staff of three skilled tradesmen (Maintenance Carpenter, Maintenance Plasterer, and Maintcnancc Painter) performing building maintenance tasks at the ,Guelph Correctional Centre. To supervise up to 18 assigned inmate helpers. SUMMARY OF DUTIES AND RESPONSIBILITIES 1. (50%) Performs and Co-ordinates skilled building maintenance tasks in the institution e Discussing maintenance requirements with Supervisor, Senior Assistant Supt. Services & Industries, section heads etc. and in conjunction with Supervisor, prdering materials from Stores,.through Purchasing Office., after determining the types of materials needed; establishing maintenance priorities and scheduling work, preparing cost and material estimates for projects, referring project plans, etc. to Supervisor for approval; supervising and co-ordinating joint maintenance projects, the work of outside contractors, checking work to ensure that it conforms to contracts and established standards: provides skilled services in one of the skilled trades such as Carpentry, Plastering, Painting, Ceramite Flooring. 2. (40%) Supervises and directs a Maintenance Carpenter, a Maintenance Plasterer, Mtce. Painter and a Sanitation Supervisor by: Discussing maintenance responsibilities; assigning work based on priorities, checking work in progress; appraising work performance of support staff, providing orientation for new employees re safety and other Institution regulations, etc. 3. (10%) Supervises up to 18 assigned inmate helpers by:- Assigning thorn to various maintenance tasks, personally supervising their work,, ensuring that their conduct, industry and other data is logged, counselling them when required. -4- While the Union accepts this Position Specification as accurate "as far as it goes", all the- Union witnesses led extensive evidence to establish that the Maintenance Foreman also supervises Correctional Officers and Industrial Officers as well as the skilled tradesmen listed in the Position Specification. The Position Specification does not reflect this on its face. For example, we were told of John Henderson who was a Correctional Officer 2 working out of the Repair Shop and acting as a "Gang Boss" for an inmate crew of painters at various times between 1983 and 1986. The foremen also worked with Correctional Officers involved with the painters on every unit floor, to ensure ,that the work done by the inmate painters was done properly. Industrial Officers also worked out of the Shop. John Scott is an Industrial Officer 2, doing cement work, laying tile floors and the forming and pouring of conketo 'from 1983 to 1988. Larry Schieck is the utility person classed as an Industrial Officer 1. He was responsible for general labouring, demolition and cleanup from 1986 to 1987. Darwin McGonegal is an Industrial Officer 1. He works outside of the Institution with what is known as the City Crew. He has a select group of inmates who go into the community doing community service work in the nature of general repairs to buildings such as churches and club halls. Mr. McGonegal's direct supervisor is not the Repair Shop Foreman, but the Repair Shop does supply his crews with supplies and materials. Mr. McConcgal does work 25% of the time in the Institution on general repairs and the work itself is supervised by the Repair Shop Foreman. The Correctional Officers and the Industrial Officers mentioned above all worked out of the Repair Shop with inmate work crews. The work of all these crews, when performed in the Institution,. was suporviscd by the Repair Shop Foreman who was rcsponsiblc fork checking their work and ensuring the -5- proper supply of thoi,r materials as set.out in the Position Specification above. Aside from the fact that the Grievors are working in a custodial institution with crews of inmates rather than skilled or unskilled labour, the evidence shows that the Repair Shop tries and succeeds in replicating a commercial enterprise. As Mr. Smith explained: The institution requires tremendous maintenance on a regular basis. I had to revamp and retool the shop so inmates could be up-to-date and current with jobs on the outside. These jobs give us the opportunity to be very flexible and variable and because of the size of the institution we had an opportunity to expand their knowledge, for example working on floors, doors, windows and equipment to ., install and rework materials... We give inmates a good insight into what is outside the institution." All the Union witnesses .had come to work in the Institution from commercial settings on the outside and likened their work experience in the Institution to the commercial enterprises they had been involved with previously. (bl Maintenance Painter Grievor Anstett in position 1984 to 1987 Grievor Ncimann in position 1987 to present The Union accepts the text of the Position Specification as accurate but disputes the percentages assigned to the duties. Mr. Anstett would credit 60% to general maintenance and 40% to skilled painting, whilst Mr. Ncimann would reverse the percentages. But in any event, the Position Specification reads as follows: - - 6 -: Purpose of Position , .To provide skilled painting and docoratino services. To supervise assigned inmates and to perform general maintenance duties at the Guelph Correctional Centre under the general supervision of the Building Maintenance Foreman. Dut .i 1 es and related tasks . 80% Provides skilled painting and decorating services for Institution, cnsurlng that all work assignments performedode, supervises assigned inmate helpers by: - receiving assignments from supervisor and establish.priorities and schedules work in conjunction with supervisor: - estimates quantity of materials and equipment . required and requisitions from stores as necessary; - preparing surfaces to be painted by washing, filling cracks, plastering holes, etc. - preparing and.mixing paints, stains and varnishes: - applying paint to surface with brush, roller or spraying equipment when required; - maintaining a small stock of paints, stains and varnishes, brushes, rollers, scrapers, ladders etc.; - ensuring that equipment is clean and kept in operating condition: - wallpapering murals, etc. when required. - providing instructions and correctional supervision to assigned inmate helpers. 20% Performs gcncral maintenance duties such as - making minor repairs to windows and screens, plastering walls, etc.; - installing windows when required; - performing other tasks required for the proper maintenance of the instructor's facilities. i.. .~ i -7- , - assists other maintenance staff when required: - other duties as assigned. The maintenance painters spend virtually all their' time working with inmate crews. The only time they work alone as skilled painters is when they are required to work in a high risk area of the Institution where no inmates are allowed. Mr. Anstett testified that he also did utility work, working alongside the Industrial Officer, Mr. Schieck, a.nd his crew doing the same work. Further, as Maintenance Painter, these Grievors would supply Mr. McConcgal with painting materials for his community work, but would work alongside him and his crew when he worked in the Institution. Mr, McGonegal ' testified that recently he has worked approximately 25% of his time in the Institution. Mr. Neimann also described working alongside Mr. Schieck and his crew. while they both painted. As Mr. Neimann explained, "He [Mr. Schieck] paints wall 'A' and I paint wall 'B'". At other times, Mr. Schieck would paint a wall painted by Mr. Neimann's crew the year before. On other.occasions, Mr. Neimann's crews have completed jobs begun by Mr. McGonegal's crews. (cl Maintenance Carpenter Grievor Mullen - In position 1986 to 1988 Grievor O'Neil - In position 1988 to present. The Position Specification is accepted as accurate by the Union. It reads: Purpose of position To provide skilled carpentry work in gcncral maintcnancc, repairs, renovation and construction in the Guclph Correctional Centre by interpreting -8- drawings and verbal requests and/or preparing own drawings, operating necessary electric machines; supervising inmate helpers. (90%) Performs skilled carpcntery work in the Instutition-maintenace and repairs, renovation, new construction and supervises assigned inmate helpers, by Interpreting drawings and verbal requests re: renovations, repairs and articles to be made and/or preparing own drawings; replacing damaged or rotted wood in floors, walls, doors, etc.: repairing and/or replacing windows by cutting sheet lexon glazing windows when necessary; renovating drop ceilings; prefabricating and installing wooden structurs such as partitions, concrete forms, walls, floors, door frames etc.: constructs new installations such as dip sheds when required by preparing rough designs, cutting wood in planing mill, nailing, etc.: operating necessary electric machines (drill presses, saws, sanders, etc.1 to carry out work. Supervises up to .7 assigned inmate helpers by assigning tasks according to ability, checking work completed, correcting errors and demonstrating proper work methods, warning in minor misconducts, making out misconduct reports when necessary. (10%) Assists other staff by performing tasks such Cutting wood.in planing mill for use in picnic industry, etc. NOTE: Incumbent is responsible for the correctional supervision, training and instruction of assigned inmates for major portion of his working time. Salary note KI applies. Like the other tradesmen, the carpenters work with inmate crews. Mr. Mullen also described working with non-trade staff such as Industrial Officer Scott preparing forms for cement floors and with Corretional Officer 2 Painter, John Henderson. Mr. O'Noil described working with Industrial Officer Mr. McConcgal in the same areas at the same time while Mr. McGoncgal's crow was redoing a tiled floor at the time that Mr. O’Neil’s crew was working on other projects, yet the tiling work done by Mr. McConegal was what > ? i. ; -9- the carpenters would .normally do. Working strictly as carpenters, the crews were also involved in the production of inmate kit boxes by cutting the wood, assembling them, sanding and painting and attaching their clasps. They also cut the signs for silk screens out of l/4 inch clear plastic. (d) The Maintenance Bricklayer/Plasterer Grievor Locker 1987 to Present Again the Position Specification is accepted as basically accurate. Yet Mr. Locker would assign percentages of 60 to 40% rather than the 80 to 20% set out in the following 'text. PURPOSE OF POSITION To provide skilled plastering and cement finishing services; to supervise up to 12 assigned inmates and to perform general maintenance duties at the Guelph Correctional Centre under the general supervision of the Building Maintenance Foreman. SUMMARY OF DUTIES AND RESPONSIBILITIES 80% - -: Provides Skilled Platering and Cement Finishing Services for the Institution and Supervises up to 12 Assigned Inmate Helpers by: Receiving assignments from Supervisor and establishes priorities and schedules work in conjunction with Supervisor. Estimates quantity of materials and equipment required and requisitions from Stores as necessary. Preparing surfaces to be plastered, sanding, etc; preparing and mixing matorials for undercoat and finish coat: ' applying plaster to surfaces with appropriate tools. Maintaining a small stock of plastering material and cement finishing material and equipment; ensuring that equipment is cleaned and kept in operating condition. Constructing concrctc walls and floors when required. Supervising of up to 12 i. .:,, - 10 - 1. ,. ,assigned inmate helpers in the above mentioned plastering and providing instructions and correctional supervision. 20% - Performs General Maintenance'Duties, such as: Making minor repairs to windows and door openings, plastering walls, etc., installing windows and doors when required; Performing other tasks required for the proper maintenance of the Instructor's facilities and assists other Maintenance Staff when required. NB - The incumbent is responsible for the supervision of inmates for the major portion of his working time. Basically, the work of the bricklayer/plasterer involves working .with,inmate crews to do plaster and cement work, laying tiles, linoleum and installing security windows. Mr. Locker has worked alongside Mr. Schieck and his crow. AS Mr . Locker explained ' He'll [Schieckl knock down a wall and I'll clean it up and then I'll knock down a wall and he'll clean it up." They've worked together regularly in the past,, but less often at'present. Mr. Locker has worked much less with Mr. McConcgal.but has had to inspect work done by Mr. McConcgal's crow that would normally bc done by the bricklayer or plasterer crew and they did work together on stripping on0 floor. 3. General Evidence Working with inmate crews~ involves a number of responsibilities. The Repair Shop Foreman and the men he supervises take over responsibility for the work crew. Thcsc crews arc assigned by a Work Board at the Institution. That Board assigns inmates to the work crows. Each "Crew Boss", i.0. the Repair Shop Foreman or the tradesmen or the Industrial Officer, picks up his assigned crow daily. The - 11 - Grievors arc then responsible for the custody of the inmate crews. The inmates' performance on the work crews becomes the subject of reports written up by the "Crew Bosses". These reports can affect the ,inmates' chances for perferred assignments as well as their ultimate parole and institutional discipline. The Grievors are all paid a Custodial Responsibility Allowance under the collective agreement in recognition of those custodial duties. They are also trained in various methods of security, safety, report writing, CPR and first aid to equip them for these custodial duties. As can be seen from the evidence above and because of the usage argument, the jobs done by the Industrial Officers and Correctional Officers also require further scrutiny and analysis. The Union called the throe relevant Industrial Officers as witnesses. John Scott has been an Industrial Officer 2 since 1978. Ho is described as the "cement man". Ho describes his duties as "sort of general repair and alteration to the Institution" involving cement and tile work and the associated carpentry necessary to carry out this work. Ho works with an inmate crew of eight to ten people. Ho works out of the Repair Shop and at all material times his immediate supervisor is the Building Maintenance Foreman, i.e. Mr. Smith or Mr. Mullen. Technically, Mr. Scott is the Acting Planing Mill Manager and is also an Industrial Officer 2. The planing mill produced picnic tables for many years and used the cedar logs harvested by a "bush ganq" of inmates in the forest. Mr. Scott had been in charge of the bush gang previously but, because of declining business and a new design for the picnic tables involving metal bases, the picnic table industry has declined. However, Mr. Scott remains as an Industrial Officer 2 working in the general repair area. - 12 - Darwin McGonegal is an Industrial Officer 1. He is in charge of the "city crow" mentioned above. He takes out inmate work crows into the community doing non-skilled painting, carpentry and plastering work for non-profit organizations. Ho is not supervised outside the Institution by the Maintenance Foreman. Mr. McGonogal's supervisor is the Senior Assistant Superintendent. Mr. McGoncgal testified that 75% of his time is spent out in the community and only 25% of his time is spent with his crow in the Institution. When he is working on the outside, Mr. McGonegal has a higher security risk factor and responsibility.. He has to ensure inmate security as well as decorum and community relations with his crews. He is 'also uniquely responsible for ~ assisting the community contacts in costing their projects and determining the viability of inmate crows doing the requested work. However, inside the Institution, his crews do general maintenance and.repairs in the nature of those done by the other maintenance crews. Larry Schieck is an Industrial Officer 1. Ho is in charge of the utility~ gang. He often works out of the Repair Shop. Ho estimates he spends 75% of his time doing demolition and cleanup of construction sites. The other 25% of his time is spent supervising a j'utility gang" in the harvesting of the vegetable crop approximately three months of the year. However, when working out of the Repair Shop, Mr. Schieck takes his supervision from the Repair Shop Foreman and works "alongside with the carpenters and the plasterers." His annual appraisal is done by Mr. Grottenthaler, the Senior Assistant Superintendent of Services and Industries. Mr. Schicck agreed in cross-examination that his assignment to the utility gang in 1986 was "temporary" although it has remained as such until presently. The evidence as a whole showed clearly that this assignment was,creatcd to prevent his layoff when his old jobs in the bush gang and the. planing mill became redundant. ,. .,., i:; .‘ - 13 - , To put all this into perspective, one must have regard to the Class Standards relevant to ‘this case. They are appended hereto as Appendices “A” and “8” to the Award. Also filed as part of this case were the wage schedules for the Public Scrvicc. On behalf of the Ninistry, Mr’. Benedict objected to their filing and to their relevance saying that the wage schedules had no bearing on a classification case. However, because the schedules are part of the collective agreement, the Board did not prohibit their filing and they were relied upon in argument by the Union. Their significance or lack thereof will be commented upon later. Mr. Grottcnthaler testified for the hinistry. The purpose of his testimony was to identify and underscore what the Ministry sees to be distinctions between the Grievors and the Industrial Officers. Ho feels-that the jobs of the tradesmen/Gricvors are such that even if they had no responsibilities for inmates their jobs and responsibilities for repairs would remain because of the physical needs of the Institution. In contrast,,hc suggested that if the inmates were removed from-the Industrial Officers McGonegal, Schieck or Scott, there would be no purpose to their jobs. Mr. Grottenthaler also emphasised .that the Grievors/tradcsmen wore skilled tradesmen in contrast to the Industrial Officers who had no such qualification nor were ex~pected to perform such skilled work. Further, Mr. Grottenthalcr and Greg Simmons, the Superintendent of the Cuelph Correctional Centre, testified about plans that the Institution has had in place for a number of years "to rcorganize and rationalize" the industrial and production products created at the Institution. However , these plans had all been pu.t on hold by the Ministry’s protracted planning process for the incorporation of Tricor, a province-wide marketing body - 14 - designed to promote and sell products that the Ministry's institutions can grow or produce. The incorporation of Tricor has now been announced and this will undoubtedly affect the placement and use of many of the personnel involved directly and indirectly in this case. However, it is conceded that it has had no effect to date, other than to put the Institution's plans on hold. . The Argument Counsel for the Union asked this Board to adopt the tests and analysis set out in the case of Beals and Cain and Ministry of Community and Social Services, unreported decision of Draper dated May 20, 1981, GSB File 30/79. That is: I It is well established that in position classification cases, the Board must' direct its inquiry to the questions, first, whether or not the work actually performed by the employee is that set out in an appropriate class standard and, second, whether or not he is performing work substantially similar to that being performed by an employee whose position has been'placed in another classification. In the first instance the cmployee'w work is measured aginst class standards and in the second it is measured against that of an employee in a position that has been differently classified. The purpose is to establish that the employer is conforming to its classification standards or that the employer has, in effect, modified those standards. The Union argued in this case that the Employer has failed to abide by its own class standards and/or that the Employer has modified the class standards by having the Grievors classified as Maintenance Officers even though they are doing substantially the same work as the higher classification of Industrial Officer. To support the "substantially similar test" the Union relied on the cases of Wallace and Jackson and Ministry of Health, unreported decision of Gorsky dated i I.,.,.’ i.. - 15 - April 29, '1987, GSB File 274/84 and Bahl et al. and Ministry of the Attorney General, unreported decision of Samuels dated March 24, 1987 GSB File 891/85. The Union also placed great reliance on the case of Townsend 1, unreported decision of Brent dated February 26, 1987, GSB File 0022/85 etc. and Townsend 2, dated July 12, 1988. Townsend is a case-of agricultural workers at the Guclph Correctional Centre seeking reclassification to Industrial Officer who were ultimately successful. With specific reference to the Maintenance Foremen, counsel for the Union argued that thcy‘are improperly classified as such. Counsel emphasized the fact that the Class Standards referred to the foremen supervising only journeymen doing skilled maintenan,cc tasks and supervising "subordinates" in the "large group of maintenance staff including skilled tradesmen or maintenance mechanics." However, it was stressed that the evidence established that the foremen supervised more than tradesmen in that they were required to supervise Industrial Gfficers and Correctional Officers in the Repair Shop. Since those classifications involved employees'who are not only not within the maintenance category, but who are also higher rated because of the fact that they receive wages higher than those paid to the Maintenance Foremen, it was argued that the foremen cannot be said to be supervising "subordinates" as is contemplated by the Maintonacc Foreman Class Standard. This argument was accepted by the Board in the case of Ueslinga et al and Ministry of Correctional Services, unreported decision of Kirkwood dated September 25, 1990 GSB File 0012/85. The Union sought to have the Foremen reclassified to that of an Industrial Officer 3 and argued that that catcgorization is consistent with the duties and responsibilities cstablishcd by the evidence in this case. I - ‘. ,... - 16 - With regard to the Repair Shop tradesmen, the Union argued that the duties and responsibilities were "substantially the same" as the Industrial Officers assigned to the Repair Shop. It was argued that if one were to look at the work done by the Industrial Officers intcrms.of their assignments and compare the work done by the Crievors, ono should conclude that their work was substantially similar and that they did the same type of work, reported to the Repair Shop Foreman and had substantially the same responsibilities with regard to inmate work crews and the performance of the work. It was argued that the proper classification for these Grievors would be that of an Industrial Officer 2, both on the basis of usage and on the basis that such a classification would be consistent with. the Industrial Off,icer Class Definition. Mr. Coleman stressed that "an esssential feature of this case is the assignment of the Industrial Officers to the Repair Shop." He said that even if these Bssignments may have been temporary or created in order tom preserve positons for valued employees, the effect of that has been to have the Ministry accept this type Of maintenance and service work as within the categorization of that of an Industrial Officer. Thus, since the maintenance people and the Industrial Off,icers have been performing substantially the same work, it wasargued that the maintenance people are entitled to the higher classification of Industrial Officer on the basis of usage. The Ministry strenuously opposes this grievance. It was argued that the Custodial Responsibility Allowance is "the root cause of this grievance" and that any pcrccivcd inadequacy in that allowance ought not to interfcrc with the proper classification schcmc. The Ministry argued that with regard to the usage argument, the Union was misconceived in relying on a "substantially similar test." Instead, the Ministry argued that the test to adopt must be that of ; ,, ,i. .:_~ - 17 - "virtually idcntical".and relied upon the following cases to support that proposition. Rounding et al. and Ministry of Social Services, unreported decision of Beatty dated April 23, 1976, GSB File 18/75, Ennis, Schuler and Ministry of Correctional Services, unreported decision of Kirkwood dated April 27, 1990, GSB File 17/87, Braund et al; and Ministry of Correctional Services, unreported decision of Slone dated June 18, 1990, GSB File 39/89, Elrick et al and Ministry of Correctional Services, unreported decision of Dissanayake dated June 12, 1990, GSB File lo/85 et al., Armstrong and Ministr y of Correctional Services, unreported decision of Gorsky, GSB File 1190/87, Edwards and Maloney and Ministry of Community & Social Services, unreported decision of Swinton dated May 4, 1979, GSB File 11/78. .: In any event, the Ministry argued that there was insufficient evidence in this case for the Board to reclassify. It was said that in order to accept a usage argument, we need strong and clear evidence which was lacking in this cace. Further, we were reminded that jobs are hard to classify and the mere fact that there may be some overlapping of duties is not sufficient to justify a reclassification. It was argued that there is an essential distinction between the job performed by the Grievors and those in the Industrial Officer classification in that the primary focus of the Grievers’ position is that of the performance of skilled trades at the journeyman’s level and the fact that the Grievers’ job will remain even without inmates. However, with regard to the Industrial Officers, inmates were critical to the job itself. It was said that the Gricvors do not do sufficient quality and quantity of work with regard to the classification of Industrial Officer to justify a reclassification. Reliance was placed on the cases of Elrick, supra, and Ennis, supra. Further, it was argued that the maintenance classification itself was drafted broadly enough so that it would not preclude the supervision - 18 - of classes other than tradesmen including the supervision of Industrial Officers as is the case with the Gricvors. It was said that the-maintenance tradesmen, being painter, carpenter or plasterer/bricklayer fall squarely within the four corners of their classification. It was said that the Union has failed to discharge its onus of showing an "exact" comparison of the duties of the Grievors to the Industrial Officers to justify a reclassification. It was stressed that "a close similarity" or an overlapping of duties is not sufficient. Further, a comparison of one to.another employee is also not sufficient. Reliance was placed on the cases of Thompson and Ministry of Natural Resources, unreported decision of Beatty, May 13, 1976, GSB File'77/76, McCourt and Ministry of the Attorney General, unreported decision of Saltman dated . January 30, 1981, GSB File 193/78, Montague and Ministry of Housing, unreported decision of Swinton, dated March 3, 1981, GSB File 110/78, Lowman and Ministry of Transportation and Communications, unreported decision of Saltman dated June 25, 1984,,GSB File 13/82 [quashed under judicial review], Carvalho and Ministry of the Attorney General, unreported decision of Roberts dated September 24, 1986, GSB File 1484/84, Taylor and Ministry of Health, unreported decision of Brentdated October 21, 1987 GSB File 478/85. The Ministry also laid grca~t emphasis on the situation of Mr. Schieck. It was stressed that the evidcncc showed that the circumstances of Mr. Schicck's classification "arc more characteristic of an assignment problem rather than a classification problem" and that his duties are not the same or similar to the.dutics of the Gricvors. It was stressscd that he has been on a temporary assignment since 1986 and that there are simply good business reasons for this assignment. It was conceded that this kind of "temporary assignment' may amount to a violation of Article 6.6.1 of the collective agreement. However, this should not be seized upon by the Union as the foundation for justifying a - 19 - reclassification on the basis of usage. It~was said that in order to establish the usage argument the Union must show a deliberate classification decision had been made and that such a temporary assignment could not be considered as such. Further, the Ministry stressed the differences in the job between the Industrial Officers and the Maintenance Officers in that the Industrial Officers did not spend all of their time on maintenance work, did not do skilled work and, in the case of McGonegal, did not even work mainly in the Institution or under the same line of supervision. With regard to the Union's argument based on the wage scales, the Ministry stressed that wage scales ough,t not to be relevant in determining proper classifications and urged this Board to disregard them completely. Instead, it was argued that the custodial responsibility allowance takes into consideration the custodial responsibility imposed upon these Grievors and that this allowance together with their classification means they are properly placed and compensated. The only part of the reply argument that is necessary to relate deals with the response to the Ministry's assertion that the Union had called insufficient evidence to establish its case. Mr. Coleman argued that the cvidencc called by the Union shows substantial similarity between the positions of the Grievors and that of the Industrial Officers.. It was said that if the Employer knew of evidence to show the contrary, it would be the Ministry's responsibility to call that cvidcncc. Absent such evidence, it was said that the Union's evidence was sufficient to establish the "substantial similarity" of jobs. Further, with regard to the evidence of "deliberate classification" with regard to Mr. Schieck, it was said that the use of Mr. Schicck in his various duties as well as as the other Industrial Officers over such a long period of time, even dating back to 1978, must bc recognizcd to be a doliberatc decision by the Ministry to cithcr place and/or maintain Industrial Officers in this type of service - 20 - work. It was said that Mr. McGoncgal was "a clear illustration that an Industrial Officer can be engaged in a project that provides a service and that there needs to be no product created." The Decision It is helpful at the outset to set out what are not and ought not to be governing factors in a case such~as this. We agree with Townsend, w, and Armstrong, supra, above, as well as numerous cases issued by the. Board where it is stressed that the Custodial Responsibility Allowance is irrelevant in determining whether a job is properly classified. As said in Townsend, at pages 25 and 26: Clearly, whenever the allowance is paid, the Employer is recognising that the employee is called upon to perform custodial duties. It assumes that there is a proper classification of the employee's job before the allowance becomes payable. If the job is not properly classified, the fact that the allowance is paid does not correct that wrong. We do agree, though, that if an employee's job is properly within a class series which does not recognize such responsibility as being part of the job, then the fact that those responsibilities are assigned when the job is performed within a correctional facility should not enable the employee to claim that his job should bc classified in any of the "classes which already takes into account responsibility for the control of inmates " . . . WC also agree with the Ministry's position that the fact that the Union may be able to show an overlap in duties bctwccn classifications is not sufficient to justify a reclassification. Ay definition, job classifications must be fluid and flexible. They are designed to cover a wide variety of positions. Inovitably, there will be some overlap between positions. But we accept that the proper analysis - 21 - for this Board to undertake is that articulated in the Beals and Cain award, w, where we must look first to see whether'or not the Grievors have been measured properly for their class standards and then look to see how they mcasurc against the employees in positions who have been differently classified. With regard to that latter usage argument, we are convinced that the Board has now adopted the "substantial similarity" test as has been used in Townsend and Hcslinga, quite consistently with this Institution. ~The Armstrong case refers to virtually the same test at page 39 with approval. It no longer seems to be the case that the Board is looking for an 'identical" as it may have looked for in the earlier cases cited by the Ministry. Let us now turn to an application of this analysis to the,facts at hand. We shall first turn to the Grievors who are presently classified as Building Maintenance Foremen. The Union's argument with regard to these positions is that they were wrongly classified and should more properly be classified as Industrial Officer 3's. If we look at the maintenance trade. classes and the Class Standard of the Foreman in particular, we note that the Class Standard contemplates the supervising of journeymen in a wide variety of skilled maintenance tasks. They are called upon to instruct and guide "their subordinates as well as performing hands-on maintenance work themselves." In many ways, this Class Standard seems to fit quite nicely with the evidence regarding the Foremen of the Repair Shop. However, there is a notable and significant exception. There is no question that one of the four functions of the Repair Shop Foreman is to supervise, oversee, and direct work of people other than skilled tradesmen. Thcsc include the supervision of Custodial Officers from time to time and consistently the supervision of a number of Industrial Officers. The. Class Standards of a Maintenance Foreman is simply the supervision of 'journeymen" and "subordinates". Industrial Officers are ‘- - 22 - neither journeymen nor can they be considered insubordinates because they aro paid at a wage scale even higher than the Repair Shop Foremen. While it is true that wage scales'are not determinative in classification cases, the purpose of a classification scheme is to ensure the proper internal integrity and hierarchy of jobs. It makes no sense in any kind of a classification scheme to have someone being supervised by another who is in a lower wage scale. Wage scales are supposed to reflect the reporting hierarchy. As said by Professor Swinton in Edwards and Maloney, m, at page 11: I.... the classifications have been designed for a purpose . . . the aim being to preserve the morale and status concerns of those more highly qualified in a particular field of endeavour." In the facts of the case at hand, we have skilled Journeymen Foremen supervising the work of non-skilled Industrial Off~icers who are classified highor than their supervisor. The fact that a "supervisor" is paid lower than his supposivc "subordinate" indicates that there is a classification problem. This was accepted in the Heslinqa case. Bence, we are persuaded by the Union's argument that the Maintenance Foremen Class Standard cannot properly be applied to the Repair Shop Foremen. We then turn to the Union's proposed classification of the Industrial Officer 3 for these positions. The first paragraph of the Class Definition refers to the management of a "small to medium or relatively complex production operation." While one would normally imagine a "production operation" to be something producing goods such as the tailor shop or industrial farm rofcrred to in the Class Definitions, the lengthy analysis in tho Hcslinga and Townsend cases, shows that this Board and this Plinistry have come to rccognizc the broader definition of production to oncompass both the provisions of goods and scrvicos. The Repair Shop at the Cuclph Correctional Centre does provide the production of some goods and certainly cxtcnsive services and has been . I - 23 - staffed by Industrial. Officers. Therefore it can be properly characterised as a "relatively complex production operation." The Repair Shop Foreman also is responsible for estimating a procurement of materials, discussing cost with superiors and making recommendation on products as can be seen from the Job Specification. The Industrial Officer 3 Class Definition also contemplates the training of groups of inmates in technical skills and assigning inmates to their various tasks. All these are done by the Repair Shop Foreman in this case. In substance, we are convinced that the evidence establishes that the Industrial Officer 3 Class Definition is consistent with the core functions of the Repair Shop Foreman and.thus these positions ought to be reclassified at the requested level. We turn now to the maintenance trades positions. The substance of the Union's argument in this regard is based .upon the cases dealing with “usage.” Only with respect to Mr. Anstett did the Union assert a class standard argument. However, having regard to the ultimate decision, the class standard argument need not be addressed except other than to say that it would 'not have succeeded. In essence, the usage argument accepts the fact that a classification may fit within the prescribed Class Standard for the position, yet demands that the people in the specified positions be reclassified to a higher class if it can be shown that they are doing "substantially the same work" as people who are classified higher. Thus, the Union's argument accepts that the Class Standards appended hereto as Appendix A for the maintenance trade classes do not inappropriately describe the tradesmen Grievors in this cast. However, the Union asks us to look at the work performed by the Industrial Officers at the Guclph Correctional facility and the Class Standards of tho Industrial Officer and apply them to the Griovors. In doing this, we arc led to certain - 24 - inescapable conclusions. First, the Industrial Officers and the Griovors often wdrk side-by-side doing exactly the same work. The evidence is consistent in showing that both categories of employees have identical responsibilities towards their work crews. The only variation on this may be Mr. McGoncgal who has a higher degree of responsibility towards his crew when he is working in the community. Sowever, all the Industrial Officers, including the Industrial Officer 2, have identical responsibilities with their work crews in the Institution to those responsibilities of the Grievors. Similarly, the Industrial Officers have been used consistently to effect maintenance and repair work throughout the Institution in the nature and of a type that is virtually identical to the Grievors. While the Grievors may be skilled tradesmen , a significant amount of their work does not involve the utilization of their skilled trades and the substance of their work can be categorizod as general repairs similar to that of the Industrial Officer. Again, similar to the Industrial Officers, the Grievors provide services. The Guelph Correctional Centre's utlization of Industrial Officers for the provision of services has to bc recognized as accepting the provision of services as appropriate to the Industrial Officer classification. Because this has gono on for such a long period of time at this Institution, it must be considPred.to be a deliberate decision and the deliberate use of Industrial Officers for these purposes. Viewed from this perspective, we are forced to conclude that the practice at the Guclph Correctional Centre has essentially modified the traditional classification system so that the Grievers' position has been utilized in substantially the same way as the Industrial Officers. When tho Grievers' duties arc read together with the 'Industrial Officer 2 Class Definition it can bc seen that they are engaged in the supervision oft work and instruction of inmates . . k... _: - 25 - in various industries at the Institution. They arc responsible for the estimating and procurement of materials. They assist in the management of the "production" and operation. They train inmates in the required processes to which they are assigned and check the quality and quantity of production of the inmates. They'are responsible forthe servicing and proper use. and adherence to safety precautions and they are responsible for the production schedules, work standards and security arrangements in an area. Further, they may perform some of the complex work as required of any of the work in order to demonstrate the procedure to expedite production as needed. Insofar as the Industrial Officers at the Guelph Correctional Centre fit within these Class Definitions, so too is the Institution using the Grievors. Thus, the Union has discharged its onus of establishing the ' duties of the Grievors are substantially similar or even virtually identical to those of the Industrial Officers and that they ought to be properly classified as Industrial Officer 2's. Hence, they should be reclassified as such. In the result, it is our conclusion that the Union has succcedcd in all these grievances. The Grievors are to be reclassified effective twenty days prior to the filing of the grievances to the position of Industrial Officers 3 and 2 as appropriate and to be compensated accordingly. However, as was recognized in the Heslinga case, as Industrial Officers, they would not be entitled to the Custodial Responsibility Allowances. Therefore, in the calculation of their compensation, the amounts of custodial responsibility allowance received by them in the relevant periods must be deducted from monies due to the Grievors as a result of this Award. t - 26 - We remain seized with this issue in the event the parties require any assistance with regard to implementation. DATED at Toronto, Ontario, this 4th day of January 1991. ‘: ! .::... APPENDIX “B” CL4SS 3EFWItION: &&yeas in positions allocated to this class instruct and direct an awiped grpup, of inmates in the prcccsaing in Tdumn of various products, food, clothing and meintenan- supplies at rsfocmatorics end industrial tams. these duties do not requira sldlls to the level of the designated trades. They share responsibility with their supervisors, and with any .-ustodial officers assigned, for the security and work perforwnw cf :.rsate he1pe1.s. Ibey onsure the obsewanco of safoq preuutix-r, umnstrote mothodr, and assist in maintsiaing quality colrtrol u:d i.. meting production sebadules. They mbit reports a~ say irregularities and m&e ncoataendatims for changes in routine or for disciplinary action. They ensure the proper use of equipment and direct and assist in necessary repairs. In most positions they participate in all operations superriseS ic order to demonstrate and maintain nasauble work standards. . @JALIFIC.4TIONS: . 1. Grade 0 education, preferably Grade 10; practical lmowlcdge of skills related to~the W&C to be performed., 2. Two years of satisfactory mlated expori’enco, part of which .xay hare been m &stod.ial &ties. 3. Supervjsorg and fnstnrctional ability related to the kind of work to bt performed; ability to deal effectively with inmates; ability to assess standards of inmates’ in&sty and conduct. Awewt. 1963 - , i ~::, /, ’ 50552 -,-' INDUSTIIIAL OFFICEZ 2 _.> CLAS DEFINITION: Z~~&oyees in positions allocated to.tbis class am aayged In the supervision of work and instmctim bf inmstes in various industries at reformatories end industrial farmsi! In a- positims, they are in ~clurge of a .ssall industrial operation such as the Shos Shop at IUmieo .or the Braille Print Shop at Uillbrook. III thosa poaitiahr dray am t’rosponsibla for ostimsting and pmcnrewnt of notes-la& In other positions, they assist in the management of a production operation not requiring skills of any of the designated trades 611th as the Woollen hill ar Guelph or the Marker Plant at Millbrook. iz0 mamy of these positions, they require spoclaliwd pmcessing kumovledgos and skills and M ~responsible to tie manager for particular cmtrela or skilled operatic&. “hiey train in&tea in the raquirad proc&sss to uhicb they are %ssigned, allocate ..duties and check quality end, quantfw of pmdueti~~. .They are responsible for the servicing, proper use and adborsnco to safety .pncautions in the operation of the equipii&tC They have responsibility <.ror prcductia, schedules, uork standards, llhop maimtonamca and security ‘arrangwmnts in thei’r are* They msy parflorr the m cmplex work4s acquired or any of the work in onler to demomstrate procedure orto expedite productim as needed. QUALIFICATIONS: ,. . 1. *do 8 education, preferably Grade IO; oarled practiul knowled@ of .lskills related to the work to be perfo~ 2. Two years of satisfactory experience as an Industrial Officer 1 in the appropriate type of work or its equivalent., 3. Ability to deal effectively with inmates; ability to assess standards of inmates’ industry and conduct; ability to estimate requimnents, to establish production methods and to control production and quality as required. Aweust. 196 INDUSHtIAL OFFIW 3 CLASS DEFINITION: tmployccs in positiam’all~ut~d t8 this ckis eane6c a small to bedlus or rclativcly ccmplcx prodecUet~ opatmtim .arch as th+? Tailor shop ‘ict Ridcw Wusrrial Fam, the Tailor shop at Wulbrook, or the Upholsterl ‘Shop at Guclph, Or the Tailor Shop at W~ash. p They~ assist io au~ge- wnt of the larger or llorc c~nplu productim ~Perrtions sueI! w the Brick -and Tile Mill at Nimico, the Machine Shop, or the Tailor Shop at Cuelph. As uunage~, they are respcnaible for estimating wd procoma& of :rtstcrials. for discussing cOsts vith superiors and for =ekiag ra-ndetiens all MY pradects to be proc.?Szed. They make mcostsmdaCions to a superior on staff persoonel mttcrs. fis assistants to -gem, they sham the responsibility for guwtit~ ~%nd quality’ Of prOdUCtiOn and for mCurity Of illoPtC8. my pcmOnrl4 perform work requiring technical ,skill, experience and lmwlcdgc conparoblc to foumeymn standing in a trade. *hew cmplOyecs tmin ‘gmups of iluuttca in .gsod VOrk &bits cad ‘kcchniul’ 8kill.s~ eontml tic quality of produ$ion wd assign incatcs to taiiws~~tasks in accordsncc with their “reports on inratcst industry end ctiduct. ,Xn the .production mutinc in’ordcr to ‘or co dcmmstrate proper vork procedure.~. QUALIFICATIONS: 1. Preferably Grade 10 education; satisfactory soa&ctim of apprenticeship in the trade mquimd by the duties to bc performed * or an acceptable &juIvillcnt canbinatiti’of training and experience. 2. ‘Abar; fire years of acceptable cxporiencc at the jaameeyasa level in ‘the rclatcd trade or industry. 3. -~upcnisory and instructional ability; abiliw to sketch or explain in -sucJr a way as to bc understood by unskilled worluncn; abiliw to assess ,. standardr of innstest industry and cfflduct; ability to deal effectively tith inmates; ability to estimate supplies, to establish production methods and to control vastc and quality; ability ta reck cod evaluate new products for processing. ij mere the equivalent applies, the person will be required to successfully complete a Civil Service Trades Test where me erdsts, Au.cust. 1961. ‘. I, APPENDIX "A" \. CalzcoRY t Xafntenanec Scrvic~s . aAs CQDlst 93ooo-93Q14 PrW&lc Uthough work in the field ir not precluded, moat of the positions a.llwatcd to there classes involve maintenance work on, in or about a Cevammont institution, building, or field office or other artablitient or its associated equipacnt. Soac positions may also involve constmctio~ or alteratiwr to dtructuma or the installation of nay services or cquipmcnt . Xost of these classecr are grouped in two lcvcls, i.e. Joumqaun and Porcman, with provision for positions hiwrc “lead hand” duties arc required. The Maintenance Mechanic series, however, consists of four levels: Helper, Improver, Journeyman and MGntcnancc Foreman. This series is intended to cover the following situations: 1. To permit rcctuitxocnt of tmphycc~ with limited formal educational qualifications, who, through on the job traiaing and experience, may progressively acquire the knowledge and skills vhich will allow than to advance to .pos$tions involving more complex work and, evcntutily, to a Journeyman level position, Erovidcd a vacancy exists ia en appropriate position. 2. To cover situations vhere there is a requirement for the shills of a particular trade but uhcrc such sk.i.Us are rcquircd for less than 6OZ of the time and thus do not v-ant the establishment of a position in that specific trade. 3. To provide for supervisory responsibility over a variety of shills, rather than those of one specified’shilled trade. These classes may also bc used to cover positions involving work requiring various degrees of manual skill, &at not aomally associated vith a specific trade, e.g. repair of tripods and survey chains; repair and painting of bridges; repair and rc-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 fcrcmac level the position must involve the supervision of at least two journeyrrc? in a relevant trades class. In some positions however, the duties involve the hiring aud 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 rcquircd for at least 603 of the year. Forenun positions arc limited to one incumbent. Where two or more incumbents share the responsibilities of a position vhich would be classified at the Foreman level if assumed by one incumbent only, the position vi..Ll be classified at the joume)man level. In & positions Fn the maintenance mechanic or trades classes, the incumbents Nst devote at least bir, of their time to maintenance or rkillcd trades duties. PRUE(BLL - KU~TIEWA& TRADFS aAsSS.9 .(CONTIWUED~ Because of the wide renge end grrst veqiety of dutier end the unpredicteble neture of mmy of the work projects rrqu.ired of positions 5llocated to these classes, a relatively large nuubes of allocations will, ineviwly, be atypical to a grestu or lesser degree. llw rezoning follobmd in relating the duties to such atypical positbonr to the kind and level of. skills ulled for by tla definition of the class applied, should be carefully docuaMted in all such allocstions. Where position5 in th555 el555es 55i5t in.55 Ontario Xospit5L Hospital School, Adult Occupational Centre, Refoxmetory, Trakrin9 School or shil5r institutionr, tlm incumbents may b5 provid5dvith patient, resident, trainee ot‘ inmate helpsrs. In all trades or . maintenance mechanic positions where such helpers are provided, the incumbents ue required to supewfse, guide and,instnrct their assigned helpers according to their capabilities and temperament and, so far 85 is possible, to break dotm the work into taskr thefx helpers are Capable of performing. This supemision of patient, resident, trainee or irmate helpers does not’wurant al.bcstion to the Foreman ~;lass. At least two incuubsnts of a position'or positions classified $ J a journeyman trades class must be supervised to warrant the Porcman location. , In same positions; some of the duties involve a degree of the skill or skills usually associated with one or mire of the skilled trades. Wowever, the application of such skills is limited or restricted to a comparatively narrow specialty or the position also involves the use of specialhad equipant.. Such paftions ue covered by specbl sl555es or class series 5uch 55: AqrLcultur5l Worker, Electronics Technician, Llestronics Repairmen, Eighvay Equipment Operators, Linenan, Sign Painter, Ranger, etc., end ue excluded from the Wa.intenanee Trades Classes. ,. i.‘ I. . . : . CWS STANDARn: , 93010 This class covess positions where the emgloyee is a skilled trade- or gualified Maintenance &&at&, supervising at least tW emplOPeS at the Journeyman level in the performance of a wide variety of skilled maintenence tasks in a coverlypent buildding, institution, field station or other establistnsent, imziuding associated equipment and service5 or is the field. The employee In these position5 usually reports to the Official in charge of maintenance and is responsible ‘for the discipline and general conduct of the employees under his supervision Z@ well as for the adequacy of their work. whey instruct, guide, check end inspact the wrk performad by their subordinatasr assist the unskilled eZ semi-skilled to understanu ths requirements of the tasks assrgrred and the Tlb?y 7 , , although &a some positions. most' of a s of maintenance Vhanics. Tbcy my. in addition, supervise patient, resident, trainee or inmate bel~@rs. In a few positions, the wrk may involve some design and dweloPnent uork or may Consist of specialised work such iit? She ConstructiOn of ?ublicitY displays; . ~UJUJFICFaTIONS I 1. Elementary schod education with a.sound knowledge of hnndtoolsand povarequipwnt. 2. Acceptable experience in general mdintenmce wrk including painting, carpentry, plwbing, glaaing, welding, etc. 3. Supervisory abilityi ability to lay out and organise work fram derately complicated blueprints and specifications; ability to perform a variety of maintenance tasks; tact; 9006 judgementr good physical condition. Revised Janirary 1967 Class Title Changed: Effective nay l/80 : CATeGoRY 1 Waintenacce Sarvices GROUP1 MS-028 Radar and Craft5 SEttIes I Weintenanee Cupentu CLASS CfBEr 93024 . . .’ ‘. 1. This cliwr covers povitionv involving skilled manual work at the .i~uni~~man tradesman lcvol, in chc maintcnancc, repair or constmction .*f wwdw sttwturcs, cquipmcnt, etc., at A Covcnunent building, institution +I. 0thw r‘rtablislusant. The cmploycc5 in thcsc positions arc given general iwri@uwnts by a yorwutn, Maintenance Foreman, Buildings Superintendent or !laintcnanw guperintandcnt, or other official responsible for buildings maintcnanw or other service requiring skilled. carpentry. According to verbal or written instructions they are required to carry’assignments to xmDl~*tion according to accepted practices and following the recognized procedures and techniques of the carpentry or cabinet-making trade. These ~mpl~~r‘es may determine work methods and the work is reviewed for adherence to pl.-uls and instructions, satisfactory production and quality of workmanship. Duties may also entail the supervision and instruction ‘of apprentices, unskilled et‘ semi-skilled workers and patient, resident, trainee or inmate helpers. These employees may also be required to perions related maintenance tasks \\r other duties, but at least 6C$ of their work .time must involve use cf the skills, at the journeyman level, of the carpenters’ or cabinet makers’ trade. . .T!wse employees const.ruct, alter or repair interior and exterior Li ?odli.3rk , performing duties such as: hang doors: erect partitions: lay floors: build platforms, steps, s.tairs, cupboards, cabinets, shelves, tables, pig and pcultry pens or houses, and other structures; repair furniture; repair interior and exterior fittings such as window frames, doors, sills, wainscotting; build fonts to exact ske, shape and fknish; install and remrre awin: and sto,w windows; D *laze windows; constNct, Stain and alter boats, ' canoes, cabins, aircraft skis, tower cabins and hangar equipment; build and repair signs and displays; repair and install locks and door closers; make keys; sharpen hand tools. In the carpentry shop, these employees operate equipment such as:- satis, jointers, planers, sanders, drill presses, lathes f and mortising machines. They assist and co-operate with other tradesmen and non-trades staff. OR J1. This class also covers positions where:- (i) Thcrc is only one position, having only one incumbent, in the carpcnccr's trade at the establishment ccncerned; ' (ii) supervision over the position is not cxcrcised By a position classified as Haintcnancc Carpunt~Forcman, tid i (iii) the sole incumbent in addition to performinc the duties of a ?(aintcn;mcc Cmpcntcr (r), must cstimatc the .+anticics of material and labour required; plan and laj out the work; maintain an adequate stock of ?iupplics on sjto?; requisition rcplaswwut~: keep account of materials used .mJ repairs, fabrications, construct~ion, inspcctionr, etc., ct'fortcd, for ;rll work in the C,rpcn?.crsf tr;&dc carried out at thr* cstohl irhmcnt conwrnrd. EQLMTENANrxcILRpRIIzR CcaarINvEDL z, posittons at establishmenrs where1 (l(i) there are only &xv positions in the Carpenters’ trade at the establishment concerned; (ii) supervision is axereiaed. over neither position by a positfon classified as Maintenance Carpenter, PoreahaI and (iii) the ano lncndent of one Of the posftZons acts ps lesd hand and is required, in addition to performing the duties of a Maintenance Carpenter (I), to estlmata the quantities Of material and labour required; plaa and lay out the work; maintain an adequate stock of suppliewon sitar requisition .replacements: keep account of materials uaed’and repairs. fabrications, construction, inspections, etc., effected for all work in the Carpenters’ trade carried out at the slitablishment concerned. .“. Smployees in positions in this class must devote at least 60% of their work time to duties involving the akills of the trade as in Maintenance Carpenter (I). 1: Preferably technical school education; completion of the recognired apprenticeship in ths carpentry or cabinet making. trade and certification by the Hinistry of Labour: l or an acceptable equivalent combination of training and experience; a good working knowledge of the tools, equipnant, methods and practices of the carpenuy trade. 9 2. Ability to work from plans and drawings , written or oral instructions; instructional abilityi. good physical condition. l Where the equivalent applies, the applicant will be required to successfully complete a Civil Seniice Trades Test. Revised January 1967 : mu\ i ., . i, . . ‘,‘; :. ,,. t CATEGORYI Uaintenence Services QII)DPr MS-OZB hadaa and Crafts SEiuBs t Uaintenance Painter and Decorator aJss CODEI 93050 I. This class covers positions invol~ skilled manual work, at the fourwyman tradesman level, in the interior or uherior painting and decorating of the buildings, furnishings or fittings at or about a Government building, instifution or other establishment. The employees in these positions are given general assigwents by a Foreman, Maintenance Foreman, Buildings Superintendent or Maintenanpe Superintendent, or other official responsible for buildings maintenance or other service requiring skilled painting and decorating. Accordiag to verbal or written instructions they are required to carry assignments to completion according ta accepted practices and following the recognized techniques ,and procedures of the painting and decorating trade. These employees may deteimine work methods and the work is reviewed for adherence to instructions, satisfactory production and quality of vorkmaaship. Duties may also entail the supervision and instruction of apprentices, unskilled or semi-skilled workers and patient, resident, trainee or inmate helpers. These employees may be required to perform relatedmaintenance tasks or other duties,.but at least 60% of their work time must involve use of the skills at the journeyman level of the painter and decorators’ trade. These anployees map arraoge for occupancy of quarters and removal of furniture or other obstacles where painting is to’be done. They prepwe surfaces for painting or decorating; brush, clean,.strip, fill, patch as required; prepare and mix paints, varnishes, stains etc. to proper colour and thickness; prepare and apply wall papers or vinyl or other synthetic ball coverings. such as: They perform any painting or decorating process as required varnishing; staining; calcimining pr use of other vater-mix coatings; paper-hanging; glazing: spraying: stippling: stripping and finishing. They may stain and finish new furniture; re-finish and x-upholster old furniture; saniand re-finish floors; stencil or paint signs. They erect or rig, and work from scaffolding, bosunrs chairs, safety belts, ladders, etc.,’ aa. required. They assist and co-operate with other trademnen and non- trades staff. 11. This class also covers positions where: (i) There is only one position, having only one incumbent in the e. Painting and Decorating trade at the establishment co&ned; (ii) supervision over the position is not exercised by a position classified as Maintenance Painterand Decorator Formoan, and L\- I\ i’ / . . . . . . i . . i. :;~. . ‘1. Preferably technical school education; completion of’the recognized apprenticeship’ in the painting and de.corating trade and certificxtiol ’ by the Department of Lab-; c-or an acceptable equivalent combination of training and experience; a good wrking knowledge of the techniques and equipneat used in contemporary painting and decorating practice. ? s. Ability to plan and lay out work from general verbal or written instructions; acceptable vision and colour perception; good physical condition. S’ Where the equivalent applies,~ the applicant hill be requked to successfully complete a Civil Service Trades Test. I ’ : ,.-. -2- and Decorator (contld) Clgssg: (contfd) (m) the sole iacumbeat in addition,to performing the duties of a Tdaintenance ,Painter and Decorator (I) must estimate the quantities of material and labour required; plan and lay out the work; maMain an adequatg stook of supplies oa site; requisition replacements; keep account of mterials used and of pdatdng and decorating work etc., effected, for & wrk in the Painting and Decorating trade carried out at the establishment concerned. g Positions at establishments where:- I (i) there are only two positions in the Painting and Decorating trade at the establishment concerned; (ii) supervision is exercise&over neither position by a position classified as Maintenance Painter and Decorator, Foraran, and r ’ (iii) the one incumbent of one of the positions acts as lead hand and is required in addition to perfonaing the duties of a Watenaece Painter and Decorator (I)., to estimate the quantities of material and lahour’required; plan and .lay out the mark; maintain an adequate stock of supplies on site; requisition replacements; keep account of materials used and of’painting and decorating’work,etc., effected for al3 work in the Painting and Decorating trade carried out at the establishment concerned. . Eaployees in positions in this class must devote at least 6ti of their work time to duties involving the skills of the trade as in Maintenance Painter and Decorator (I). Rex-ised, Januam* 1967 CATEGORY1 i; ,. ~aintenanc* Servica~ QloWI us-02s Trodas and Cm&Y SERJES I U.eintananc~ Brick&w CLASS CCQZ: 93020 ;,“’ . ; CUSS DtFINltION : 1. This class ~ovors positions involvingskilled manual work at the j\runwyaen tradesman level,~ in thu construction, maintenance, alteration w repair of buildinga aud other atnxtures. The anplcyees .tr these positions arc given .scner.el assignments by a foreman, IWntenmce Foreman, Ruildings Supcrintmdent, J4aintenauce Superintendent or other official nwponsible for buildings maintenance, and are required to prepare the sutrrials and surfaces, check vertical end horizontal alignment aa necessary as murk progresses, and carry the assignment to completion axoniinq to accepted practices and following recognined brocedures and techniques. They may also be required to lays out the work. These l nplo~eas detenine work methods and the vork is reviewed for adherence ro ~LUIY and instructxons, satisfactory production and quality of workmanship. Duties may also entail the supervision and instruction of apprentices, unskilled or semi-skilled workers and patient, resident, trainee or inmate Irelpers. These employees my also be required to perform related mrinrenance or other tasks but at least 601A of their work time swt tivolve use of the skills of the bricklayers’ or masons’ trade. Employees in these positions may estimate the quantities of material and labour required; ma.$ntain an adequate stock of supplies on site and requisition replacements; keep account of materials used and repairs 3r construction effected. They erect scaffolding as required and prepare or supervise the preparation of all mortar, cement,, mastic; etc. Tney lay brick, fire-brick, terra cotta, insulating blocks, stone, tarble, tile, hollow tile, concrete or cinder blocks, or related materials, and perform general masonry work in the repair, maintenance, construction or alteration of boilers, kilns, walls, partitions, arches, sewzrs, manholes, window and door openings, floors, side-valks, roads, curbs, chimneys and other brick or masonry stnnztures. They may make periodic inspections of brickwork or masony to determine maintenance needs. They assist and <*operate with other tradesmen. OR I’ -. This class tiso covers positions at establishments vhere: (i) there are only two incumbents of positions in the Bricklayer- Hason’s trade.at the establishment concerned; (ii) the one incumbent of one of the positions acts as lead hand and zrcquircd in addition to performing the duties of a HaintenaiG Bricklayer - Hason (I), to estimate the quantities of material and labour rcquircd; plan and lay out the work; maintain an adcquacc stock of supplies on site; requisition rcplaccments; keep account of’ materials used and repairs, construction, inspections etc. cffocted fur all work in the firicklayinc and Mason’s trodc csrricd out atyc ~stablislunwt conccmcd. . : - -2- i:.:.:. CUSS CODE: 93020 ..y, i’.;::: _ -byes8 in pusiUuas in this clam must davota at least SO\ of their tmrk tima to duties Lnvolvin9 the skills of the uade as in Nei.ritenancr Bricklayer - naaun (I). ~ALIYICATI'3IS I A. +eferably technical school 0ducaUonr oompletioa of the recognirod appanticeship in the bricklay* or mannry Wade and ceruficatian by the mfni8uy of Labuurr l an acceptable equivalent combination of traininp and utperiencer a working knowledge of the technique8 end equipant yed in Contemporary bricklayilq and masonry practice. 2. Acceptable experience as a bricklayer or mason. 3. Ability to work from plans, simple drawings or general verbal or vritten instructioner ability to instruct rubjcurneymn and unskilled helpers, 9ood physical condition. l :.Where then equivalent applies, the applicant will be required to successfully cornplats a Civil Service Trader Test. I &wised January 1967 CATEGORY: Halntananca Setvicee GROIJP: nS-02B Trades and Crafts SPLLESS Malntenanee Plasterer CUSS CWE; 93056 : ,. I. This class covers positloas involvizlg skilled mnual work at the journ- tradeamaa level, ia the minte~~nce, repair or construction of stmctures at a Goverament building, iastitutioa or other establishment where the surfaciag aad f5nishiag of walls, ceilbgs, partitions, etc., vith plaster, mortar or shllsr materials is required. The employees in these positions are given general assignments by a Forewan, Maintenance Foremaa, Suildings Superintendent or Maintenance Superintendent or other official responsible for buildings maintenance or other service requiring skilled plastering work. According to verbal or written instructions they are required to cariy assignments to completion accordiug to accepted practices and following the recognized procedures and techniques of .the plastering trade. These employees may determine work methods and the work is reviewed for adherence to ihstauctions and designs, satfsfactorp production and quality of workmanship. Duties say also entail the supervision and iastmction of apprentices, unskilled or semi-skilled workers and ptient, resident, trainee or irnaate helpers. These employees may also be required to perform related maintenance tasks or other duties but at least 60% of their work time must involo~ the use of the skills, at the jouraquan level, of the plastererst trade. F2nplopees in these positions prepare materials and surfaces; erect scaffold&g as required; chip out broken plaster, concrete or tile; replace broken metal, wooden or other lath; mix plaster to established.formulae; apply base and putty coats as required; surface walls~ ceiling and partitioas with plaster or mortar; produce smooth or fancy surfaces; make plain or fancy mouldings as required; match finish and patch broken areas. They.assist and co-operate with other tradesmen aad non-trades staff. I- OR 11. This class also covers positions where:- (i) There is only one position, hating only orie incumbent in the plastering trade at the establishmenroncerned; (ii) supetision over the position is not exercised by a position classified as Yaintenance Plasterer, Forenan, and (iii) the sole incumbent in addition to performing the duties of a !M.ntenance Plasterer (I) must estimate the quantities of material and labour required; plan and lay out the vork; maintain an~adequate stock of supplies on site; requisition replacements; keep account of materials used and repairs, new work, inspections, etc., effected, for & wrk in the plastering trade carried Jut at the cstablirh=ent cancemad. . . . . . . . w (contld) s: (coatfd) Q&, ‘psitioas at ssubUshments where:- (i) there us only two positions in the pkstering trade at the astabllshsmt concerned; (ii) superrisloa is uercised over neither position by a .position classified as Haiateaanoe Plasterer, Foremap, and (iii) the 2 incumbeat of one of the positions acts as lead hand and is required in addition to performing the duties of a tiintenance Plasterer (I), to estimate the quantities of material and labour required; plan and lay out the work; mainsin an adequate stock :‘.’ of iupplles on site; requisition replaceuents; keep account of materiels used and repirs, sew work, inspections, etc., effected for a& work in the plastering trade carried out. at the ‘establishment concerned. Bsplqces in positions in this class must devote at lea,st 6% of their work time to duties iovol~ the skills of the trade as in .?lainteaance Plasterer (I).. 1 .- preferably technical school educatioa; completion of the reco@:ed apprenticeship iu the plastering trade and certification by the Department of Labour; ++or an acceptable equivalent combination of traiaing and uc~+rieuca; a good Working hmwledge of the tools, equipsent, methods, practices and techniques of the plasterers1 trade, . .2. Abiliq to plan sod lay out rork from general verbal or Mitten iustructions; instructional abilitp; good physical condition. mere the equimlent applies, the applicant will be required to successfvulsl?? complete a Civil Semite Trades Test. Revised, Januarv 1967