Loading...
HomeMy WebLinkAbout1986-0816.Beach.90-07-05BETWEEN: BEFORE: FOR THE GRIEVOR: FOR THE EMPLOYER: HEARING: IN TEE MATTER OF AN ARBITRATION Under THE CROWN EXPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD OPSEU (Beach) Grievor - and - The Crown in Right of Ontario (Ministry of the Environment) Employer B. Fisher Vice-Chairperson S. Urbain Member F. Collict Member C. Dassios Counsel Gowling, Strathy & Henderson Barristers & Solicitors B. Adams Staff Relations Advisor Staff Relations and Safety Ministry of the Enviornment May 23, 1990. This is a classification grievance. The grievor is employed with the Ministry of the Environment at the Nanicoke Water Filtration Plant as an Instrument Technician. The parties more or less agree that the grievor’s job duties at the relevant time are correctly set out in the Position Description attached as Appendix “A” to this decision. The only dispute is that the grievor testified that he spent 95% as opposed to 85% of his time on the duties listed in Item #1 and he denied that he cleaned equipment. The grievor is presently classified as an Electronics Technician which is part of the Technical Services Category. The class standard is attached as Appendix ‘3” to this decision. The Union is seeking a Berry award as they say there is no appropriate existing classification for the grievor. The Employer takes the position that the grievor is properly classified, but if he is not, then they agree a Berry award is appropriate. This Board heard extensive evidence as to what sort of tasks the grievor performed in the course of his duties. Suffice it to say that the grievor clearly performed the sort of duties as contemplated by the Class Standard but that he also performed other significant duties not covered in the Class Standard. The first duty performed by the grievor that is not covered by the Class -~~~ Standard relates to the grievor’s involvement in the design and modification of existing equipment. The grievor and his supervisor both agreed. that he spends 5% - 10% of his time performing this job. The Class Standard talks of “installation, adjustment, repair and maintenance of electronic devices.” This implies a more basic application of skills then to design and modify a piece of equipment. In essence, the Class Standard duties are typical skilled journeyman duties, while the added creative elements of design and modification put the grievor more into a designer or technologist type of category. This duty is also an ongoing one which the grievor has performed throughout his employment with the Ministry, commencing in 1978. i -2- The second duty performed by the grievor outside the Class Standard is in the area of purchasing. While it may well be within the ambit of a journeyman to do some purchasing, this would tend to be of a repetitive nature when the choosing is from a pre- selected group of items (i.e. from a government approved catalog). The grievor’s duties however go well beyond this. He actively researches products, obtains literature directly from suppliers, maintains manuals and compares prices. He in effect acts as his own purchasing agent. It is true that he needs the approval of his direct supervisor, Mr. Brian Pelt, to make these purchases, but Mr. Pelt testified that he relies completely on the technical skill of the grievor and routinely approves the grievor’s recommendations. The third area in which the grievor’s duties fall outside the Class Standard is in the area of external contacts. One would not normally expect a journeyman to have extensive external contacts as the focus of her job is to concentrate on the hands-on aspect of the skilled technical duties. The grievor however maintains regular and fairly extensive external contacts including attending trade shows, dealing with salespersons, and corresponding with suppliers. The mere fact that the duties as contemplated by the Class Standard are in g fact performed by the grievor does not in itself mean that the Class Standard is appropriate where the evidence reveals that there are further core duties also performed by the grievor which are not covered by the Class Standard. For example, one could argue that the duties of a typical labour lawyer would include the following: “These em coffee, ho & loyees read letters meetings, and t ti repare correspondence, make on thephone extensively”. i -3- However, only a complete cynic would say that this job description properly sets out the complete core duties of a typical labour lawyer. This concept was more eloquently put in the case of Dunning (1574/88 Gorsky) at page 17. For the reasons cited above, we find that the grievor is wrongly classified as an Electronics Technician. The employer is thereby ordered to properly reclassify the grievor within 90 days of the date of this award. The grievor is to.be compensated from the date 20 days prior to the filing of the grievance. He is to be entitled to interest in accordance with the principles in decision in Hollowel House Ltd. 1980 OLRB Rep. Jan 35. This Board remains seized of any matters involving the implementation of this award and the award of compensation. ,Dated at Toronto this 5th day of :+y1990. Fisher - Vice Chairperson S. Urban - Member ‘s at mched) F. Collict - Member i ADDENDUM RE: G.S.B. #816/86 (BEACH) ._.______1-______.-----------------------........---------.---------.... This Member is In concurrence with,,this award. The key reasons for the award have been capsulized brteflv as activities which involve the design and modlflcatlon of equipment, (5 tom 10% of the time), purchasing and external contacts with suppliers and salesmen on an on-going basis, and attendance at trade shows. -f: ” ‘ch, TheAcontradicted evidence was that attendance at these trade shows. where Mr. Beach managed to discuss and resolve many plant problems. was either at the request of. or with the permission of his employer. It is very clear that the majortt of Mr. Beach’s duties fall within the Electronics Technician classiflcatlon. However, he is called upon and expected to perform duties beyond those covered In the Class Standard. As a result, he is not property classified. (See reference to GSB. X1574/88 at page 3 of this award.) During the course of hearings in this case there was much diusslon of ‘research’. and making notes and keeping logs, the preparation of a preventive maintenance schedule, reviewing repair records, and so on; and it was argued that these ‘adminlstratiie/e’ matters were illustrative of the duties that took Mr. Beach out of the Class Standard. In the vlew of this Member, these matters are speciftcaily pertinent to the Electronics Technician classlftcation whose work often is associated with complex instrumentation that requires the analysis of schematlcs and manuals for the purpose of analyzlng and dlagnosing a problem. Finally. it should be noted that this case turns upon the very peculiar and special qualfflcoltons of Mr. Beach. Prior to Jolnlng’the MInistry of the Environment on June 26. 197&I as an Electronics Technician, he worked at Rockwell International In the United States on the Appollo ‘Program as a Senior Instrument Mechanic (rockets): he worked with the Ontario Hydro for ftve years as a Field Techniclan 4; and from 1975 to 1978 he was employed by Texaco In a supervisory posltlon as an Instrument Inspector. The evidence did not reveal any details associated wlth the spectfic types of electronics lnstrumentatlon or technlcal work which Mr. Beach had performed. lt would appear, however. that Mr. Beach has a substantlal~ and in-depth. I . i , n ‘ . knowledge of his field and tha-t he is both capable of and relied upon to perform the additional duties which as this panel concluded, have taken him beyond the Class Standard for Electronics Technician. Accordingly, this case is very specific to its peculiar circumstances. , APPENDIX 17646 ELECTRONlCS TEQIN ICIAR CLASS DEFIXITIOR: tech&&&k a+ tufnevman level involving installation. ad?wfnen* p ’ -~-~--*, re hlr &d complex electrical ec M d maintenance of electronic deVlC& .uipment.-.This wouId rnclude tOLL pa3mom control; at bridges, traffic and lighting controls:. highway lighting and illumination sjstems.&hese employees receive general supervision frcm Maintenance Electrician Forempp or other su ernsors. re er onlv maJor probum for dzrectmnw They may helpers and may act as sub-i?r%ZiZiof electrical. crews may be required to nerfom rclaredg tasks percent of their work reqtires electmnic-electrical skill. T- MAIUCTERISTIC DUTIES: Check, repair and adjust such electronic and electrical apparatus as bridge toll eqnipent, electronic amplifiers,, sun switches, circuit breakers, traffic light controls. necessary repairs to hi.ghway lighting and illumination systems. Hay instruct and supervise unskilled workers or other tradesmen in Q P Carry out+outine cleaning and maintenance on electronic and electrical equipment at regular intervals. ’ $D%LIFICATIUNS: 1. Completion of the recognized apprenticeship in the electrical trade; some training in electronic theory a?d practice at a recognized trade or vocational school: or sn equivalent combination of education and experience. 2. At least one year of experience as an Electrician engaged in the repair and mtitenance of electronic and electrical equipment. 3. A working knowledge af the tools, equipment, methods and practices of the electrical trade; a working knowledge of the by-laws and regulations relating to electrical installations; ability to work from manufacturers and designers wiring diagrams; instructional ability; good physical conditron. Revised, February, 1962. rrmtnumnt Tech. Porltion 637-066d-01 Electronic8 Tech. Clrrr #17646 (TS-OD) Utility OpOratiOM TO- 'inrtall, calibrate, troublenhoot, repair, inepect, design, fabricate, modify and mainta:n control and measuring devices ueeC in the Nanticore Water Supply System plant and offelte facilitiee, including apecialized complex electronic, pneumatic and mechanical instruments; perform operating duties and reiated tasks aa tequired. The Nanticore Wa r pumping station iacludi g well ae two major force 7 Supply System coneirte of a major coarse rcreerring and chlorination as -mains supplying water to Texaco Refinery and Stelco Steel Kill w4 th a firm capacity of 44.0 M.&D. and an ultimate capacity of 66.0 k&D. There ia also a 3. 0 M. G. D. water treatment frcilitk with reservoir force main and highlift 7 pumping station, central control building, ale0 offsite facilities including Townsend Elevated Tank, Hageraville Booster Pumping Station, Hagereville Stand Pipe, etc. 1. Eneuxee the efficient operation of all instrumentation, electronic, pneumatic, and mechanical equipment and control eyateme by performing ruch duties ae.: troubleshooting, calibrating, repairing, etc. scch devices ae recorders, proccea control systems equipment, tele-metering eyeterns, solid state variable speed drive controls, etc. w dekligaiag, modl lying, constructing, installing, and maintaining a variety of instrumentation equipment and accearoriea for plant and offsite prooess control systems. checking and calibrating instrumentation to ensure proper functioning, wing teat and calib. ration equipment such a mu1 ti mbter, programmer, simulators, tranamation calibrator, decade bcx, . , ’ 7” % -it- - f 2. Page 2 wheatetone bridge, manometer, dead weight tester, other various teetere, etc. utilizing above standards and teeters in working with a variety of multiple electronic control systems, i. e. Bristol, Swanson, Quindar, Robert Shaw, fr*r.k, Beel,. etc. acquikitig and/or Ltilizing neceseary inetrunent devices to measure and record any paramc:ers. inspecting Lnstrumeat coatrol systems on etart-ups to ewure iMtalfatioA and OperatiOMl COmplianCe IA accordance with draWiAg8 and epecifioatlone; prepare a deficiency list reCUmmeAding any required modifications; ensure instrument systems and related equipment are operating iA accordance with warranty term and ensure that any deficiencies are corrected. prepare written. report8 on malfunctions, maintenance program, repair costs, etc. installlog instruments, alarm systems, controllers, tranemittere, coAtr_ol valving, tubing and wiring eetabiishment of routine maintenance schedules, reviewing repair records, investigating persistent maltunctzons In inetrunentation and in consultation with equipnent suppliers, repair and/or modify electroAic circuitry~ maintaiaing aA adequate stock of equipment, parts, too1l3, -material and maintaining a detailed record of ladle maintaining a moathly maintenance program with detailed records maintaining daily logs Performs general operating duties and electrical maintenance by performing duties a8: - inspecting all motors and pumps related flows, preosures, che$;;~h~~l air temperatures, vibration, bearing noise accordink to eetabliehad operating and maintenance procedure8 conducting switch repairs wiring fastallatlons and modificatione in accordance with preeoribed Ontario ilydro Electrical Code ?ega 3 observing all plaat, Mini 8 try and Provlnci al rafoty reguhtlons involving the use and operation Of all mmohanical and dOCtria81 equipment . . . . . 1 adjueting pump6 and valve controls, i.e. chaziginq flow rate, switching pumps, modifying chemical feed, etc. 3. Perform other dutiae ouch ae: cleaning an& repairing workehop tools and test OpuipS9At -' proVidiAg on the job iAatructlOn to helpers Snd aesigning dutlee to stefi who may be 9rovidiAg aanir tame aa aselgzmd Incumbent has built up and completely stockid instrument eho9, fabricated 801~8 calibret;on equipment, developed fiiiAg ayetem, routine aheeta, hae mnde major deign chengee etc., and ie invclvod iA the inotallation, repair, aAd naintsnance of COapiOJC OleCtrOAiC aAd oloctrical oquipnent L.o. .tocordora, tale-mefering rystems etc. Incumbent works independOAtly, receiving general InStructions from his eupervleor and providee job instruction to helpers. Incumbent ie engaged in electtonic/eloctrical work during the major portion of his time. Skills end knowlodge required to perfom tho work: Grade 12 with graduation fron a community college witi-, revere1 years OXpOrieACa, or grade 12 with a three or four year apprentice program, plus many years exporicace in the technical StaiAtOAbACO Of el4CttOAic, pnoumsti c, and e?ectrical inmtrumentatlon and proceea equiprent. UBO, working kaowledge of compute:ired control systems, multiplex tele-metering eyetemu, etc., and electricdl equipment to permit the troublerhooting diagnosis and repair of malfunctlone. Familiarity with the Orkario Hydro Electrical Coda. Experience with up to 4160 volt power and relatod eqUipmOAt.