Loading...
HomeMy WebLinkAbout1986-1607.Williams.91-07-121607/86 IN TBB MATTER OF AN ARBITRATION Under THB.CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before TEE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Williams) - and - Grievor BEPORE: R. Verity T. Browes-Bugden F. Collict Employer Vice-Chairperson Member . Member FOR THE P. Chapman GRIEVOR Counsel Ryder, Whitaker, Wright & Chapman Barrister & Solicitori- FOR TNE EMPLOYER D. Jarvis Counsel Winkler, Filion & Wakely Barristers & Solicitors REARING: May 23, 24, 1991 The Crown in Right of Ontario (Ministry of Citizenship & Culture) 2 DECISION On September 23, 1986, Robert Williams, a mechanical improver at the Ontario Science Centre, filed a grievance alleging that he was improperly classified as Maintenance Mechanic 2. He seeks reclassification as Maintenance Mechanic 3 retroactive to September When the matter first came on for hearing, before a separately constituted panel, the Employer raised apreliminary objection that then case had been settled~ and/or withdrawn by the Union. In an Interim Decision dated December 10, 1990, Vice-Chairperson Kaplan found that the withdrawal of the grievance had been a mistake and concluded that, in the particular circumstances, it had never been effectively withdrawn. In the result, the Registrar was directed to schedule a hearing by the board on the merits: The present panel was subsequently assigned to hear the matter. The grievor was educated in Ireland and obtained trade status as a "coachmaker". He came to Canada in 1957 and eventually obtained employment with the Royal Ontario Museum. On January 30, 1965, he commenced work with the Ontario Science Centre as a Preparator 1 assigned to the woodshop. In 1971 he was reclassified, in what was described as "a demotion", to Maintenance Mechanic 2. Mr. Williams held that classification until his retirement effective August 31, 1990. ,. ,&..QL: ,'.~_, . . 3 There is no dispute that the grievor is properly classified in the Maintenance Mechanic series. Based solely on the Class Standards approach, the real issue is whether the grievor's actual duties .and responsibilities fit comfortably within his last classification asMaintenance Mechanic 2. The Union contends that given his length of service, t.he grievorshould have been advanced to the "working ~level" of the classification of Maintenance Mechanic 3. Mr. Williams was the only witness &led upon to testify. He has worked for the past 25 years in the woodshop at the Ontario Science Centre assisting some 20 woodworkers who are skilled tradesmen classified as Preparator 1. The primary function of the woodshop is to construct exhibits for the Science Centre and to maintain those exhibits. The woodshop is one of several shops at the Science Centre which are.used in the building and maintaining of exhibits. Mr. Williams does not work as a skilled tradesman and there has been no material change in his duties since 1965. The essence. of his job as "mechanical improver".is to perform general -. handyman duties which are acknowledged to be accurately~described in the relevant position specification form as follows: ., ..~ 7 . Purpose of Position: To assist tradesmen in moving maintaining and constructing exhibits, and to perform routine maintenance duties~ in Shop area. 4 8. Activities and Responsibilities 1. Assists tradesmen in moving, maintaining, and constructing exhibits by performing tasks such as:- moving exhibits using Forklift truck such as large display units, or lifting smaller units alone or with other member of staff; assisting woodworkers in installing exhibits by bolting exhibits to floor using, Red Head Gun etc. setting up instruments in exhibit casing, tiling floors, etc; performing maintenance duties on exhibits as directed by supervisor e.g. placing plexiglass on exhibits, dismantling some parts of exhibits and replacing imperfect components; assisting woodworkers to construct exhibits by reading simple drawings, measuring, cutting, constructing articles, and helping to build walks, partitions, benches, to exhibit housings etc; discussing minor problems in specifications with Supervisor if necessary, writing on specifications which duties are completed: cleaning up own work area after, jobs are completed. -.. 2. Performs routine maintenance tasks' in shop area such as:- lubricating machinery and equipment such as lathes, saws, jointers, planers; maintaining Fork Lift by charging sup battery with distilled water; stacking lumber, sorting by type (pine,~ cedar, mahogany); doing semi-skilled painting jobs under supervision of Painter-Finishers by sanding, fire-proofing, spray and brush painting; cleaning spray guns, brushes and spray booth; 3. 5 Performs other related duties such as:- repairing damaged equipment e.g. cabinets; filing moving exhibits and related items to and from storage area at Prince Andrew Place; sweeping and generally cleaning up shop lunch room; as assigned. The grievor maintains that 75% - 80% of his job is involved with the duty 1, 20% with duty 2 and 5% with duty 3. However, the grievor testified that at the time of the filing of the grievance in 1986, he no longer cleaned the lunch room nor did painting jobs. Similarly, he did not lubricate machinery and equipment with the exception of the glue press and minor maintenance duties on the forklift truck. The grievor candidly ~acknowledged that he was not a cabinet maker but worked on building exhibits on the 'instructions of woodworkers. Mr. Williams also performed a number of repairs to exhibits in his own words "mostly small repairs on site". In performing his duties, he used a number of manual hand tools, electrical hand tools and some power tools. According to the grievor, 35% - 40% of his job involved driving the forklift truck. ._ As indicated previously, the grievor challenges his cu'rrent classification under the class standards approach. The preamble to 6 the Maintenance Trade Classes'is,set forth in material parts: 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, Journeyman and Maintenance Foreman. This series is intended to cover the following situations: 1. To permit recruitment of employees with limited formal educational qualifications, who, through on the job training and experience, may progressively acquire the knowledge and skills which will allow them to advance to positions involving more complex work and, eventu'ally, to a journeyman level position, provided a vacancy exists in an appropriate position. 2. To cover the 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 establishment of a position in that specific trade.' -. > 3. To provide for supervisory responsibility over a variety of skills, rather than those 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 re-finishing of canoes an'd boats; operation of a water and sewage disposal system. ,,~. .; 7 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 the position also involves the use of specialized equipment. Such positions are covered by special classes or class series such as: Agricultural Worker, Electronics Technician, Electronics Repairman, Highway Equipment Operators, Lineman, Sign Painter, Ranger, etc., and are excluded from the Maintenance Trades Classes. It is useful to set out the entire Class Series Definitions for the Maintenance Mechanic Series: MAINTENANCE MECHANIC 1 CLASS DEFINITION: This class covers positions where the employees are engaged in work as a general handyman in routine maintenance tasks requiring limited skills and the use of appropriate power and hand tools. The incumbents are usually supervised by a maintenance mechanic, skilled tradesman, maintenance foreman or tradesman foreman. Completed work is reviewed for satisfactory performance, for an evaluation of the skill attained and for further instruction as required. As more skill is attained the employees work under less close supervision, using appropriate power and hand tools in roughing out work to be finished by a skilled tradesman or maintenance' mechanic; or completing assigned tasks where high quality and accuracy of work is not essential. These employees must be engaged in maintenance work for at least 60% of their work time. Employees in positions in this class perform handyman tasks, in or about an institution, Government building or other establishment, or in the field, on work requiring the use of tools and desirable standards of production. They. carry, hold, move, lift and place materials in position for the assistance of a skilled tradesman or maintenance mechanic and perform task~s such as: build rough forms; mix mortar, plaster etc. to specified proportions; bend conduit to simple forms; thread conduit; help sandblast andpaintbridges; repair tripods i . . .i a and chains; clean filters etc. in sewage or water plants. They perform other handyman tasks as required and may supervise patient, resident, trainee or inmate helpers. QUALIFICATIONS: 1. Elementary school education, preferably with some knowledge of hand and power tools. 2. Ability to understand simple written or oral 'instructions; mechanical aptitude; ability to perform a variety of simple mechanical tasks; good.physical conditiqn. _ MAIN!L'ENANCEMECHANIC 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 beg engaged 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 comoletinqthe routine tasks associated with the trade or they may assist maintenance mechanics and skilled tradesmen in a variety of mechanical maintenance tasks. 'Under general supervision, taskssuch as: these employees perform repair~walls,. windows, frames: repair electrical appliances and equ~ipment; lay floors: erect partitions, fences, etc.; fabricate relatively uncomplicated sheet metal parts: make minor repairs to vehicles: repair heating and water pressure equipment; repair.garage doors; repair bridges, culverts; assist 9 with the repair of electronic equipment; operate sewage and water supply plant for a small institution (less than 500 patients, residents or inmates); repair and re-finish boats, canoes, etc.: build backs for travel or stake trucks; repack valves; install-water or steam radiators; repair leaks in steam or water lines: replace boiler tubes; repair stokers; bend, thread and install conduit; replace wiring, BX etc.; repair and install switches, junction boxes, etc.; lay carpets; install drapery track; strip furniture and re-tie springs; make and repair blackboards; repair wheel chairs,. beds, kitchen, playg~round Andy gymnasium equipment; braze, weld and solder tractable materials; prepare surfaces and apply paint; service internal combustion engines and carry out running repairs; shape metal parts to acceptable tolerances; apply plaster; service air-conditioning or refrigeration equipment; 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: 1. Elementary school education, preferably with some training in the use of common hand tools and power equipment. 2. At least two years' Maintenance Mechanic, experience as a Helper 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 tierform a variety of semi-skilled mechanical.tasks; good physical condition. MAINTENANCE- MECHANIC 3 CLASS DEFINITION: This class covers positions where the employees are engaged for at least 60% of their working time, in general maintenance work requiring the application of the skills and knowledge generally associated with one or f 10 more of the skilled trades. Under supervision of a the general Maintenance Foreman, Superintendent, Buildings Maintenance Superintendent or other, person responsible for the maintenance of a Government Building, institution, establishment and associated equipment and services, or in the field, these employees are required to complete. assigned tasks according to acceptable standards of quality and production. Employees in positions in this class may be personally qualified in one of the skilled trades but the requirements of the position. usually entail the use of that trade not more than 40% of the working time. Positions allocated to this class involve a variety of maintenance tasks requiring the use of skilis and knowledge usually associated with trades such as:- carpentry, painting, plastering, welding, tinsmithing, steamfitting, plumbing, bricklaying and masonry, electrical, machinist, etc. where the complexity of the work assigned and the quality,of the finished work, or the percentage 'of work time involved does not warrant inclusion of the position in one of the skilled-trade classes. Incumbents of these positions may be required to train and supervise manual workers and less skilled maintenance staff and they may also be required to train and supervise such patient, resident, trainee or inmate helpers as are assigned to them as helpers. They perform related tasks as required, working individually or assisting other tradesmen or maintenance staff. This class also covers positions having responsibility for the installation, adjustment and servicing of oil heating equipment or for the operation of a sewage and water plant for a large institution (more than 500 patients, residents or inmates) including supervision of any subordinate staff and patient, resident or inmate help. . . .._. QUALIFICATIONS: 1. Elementary school education with..a knowledge of hand tools and power equipment. 2. At least five years' progressive experience as a Helper and Improver; or completion of the required apprenticeship training in one of the skilled trades and certification of completion by the Department of Labour; or successful completion of the applicable Civil Service Commission trades test. 11 3. Ability to work from fairly blueprints and specifications; complicated ability to instruct less skilled assistants; ability to perform a variety of maintenance tasks employing hand tools and power equipment without supervision; good physical condition. MAINTENANCE FOREMAN CLASS DEFINITION: This class covers positions where the employee is a skilled tradesman or qualified Maintenance Mechanic, supervising at least two employees at. the Journeyman level in the performance of a wide varietv of skilled maintenance tasks in a Government building, institution, field station, or other establishment, including associated equipment and services or in the field. The employee in these positions usually reports tom the official in charge of maintenance and is responsible for the discipline and general conduct of the employees under his supervision as well as for the adequacy of their work. They instruct, guide, check and inspect the work performed by their subordinates; assist the unskilled or semi-skilled to understand the requirements of the tasks assigned and the methods of obtaining acceptable results. They may themselves perform some of the maintenance work as required although in some positions most of the work involves the supervision of a large group of maintenance staff including skilled tradesmen- or Maintenance Mechanics. They may, in addition; supervise patient, resi.dent, trainee or inmate helpers. 'In a few positions the work may involve some design and development work or may consist of specialized work such as the construction of publicity displays. QUALIFICATIONS: 1. Elementary school education with a sound knowledge of hand tools and powerequipment. 2. Acceptable experience in general maintenance work including painting, carpentry, plumbing, glazing, welding, etc. 3. Supervisory ability; ability to lay out and organjze work from moderately .complicated blueprints and specifications; ability to perform a variety of maintenance tasks: tact: good judgment; good physical condition. 12 The Union maintains that the various levels of the Class Standard contemplate a progression of training opportunities culminating with a working level classification at Maintenance Mechanic 3. Ms. Chapman .contended that except for Maintenance Foreman, the series does not contemplate employment of .skilled ;. tradesman. She emphasized the degree.,.of supervision at each.level and suggested that the purpose of supervision was to evaluate-skill and knowledge for advancement and to determine the degree that an employee acts independently. Ms. Chapman concluded that given his length of service, the grievor was entitled to the higher classification and that the tasks he performed were at a significantly higher level than exhibit maintenance mechanics employed in the maintenance department and classified at the Maintenance Mechanic 2 level (Exhibit 3). In support, the panel was referred to the following authorities: OPSEU (Mianone) and Ministrv of Government Services, 1349/88 (Barrett); and OPSEU ~'. (Kernick et al) and Ministry of Health, 509/89 (Roberts).~ The Employer argued that the grievor's duties fit squarely within the Maintenance Mechanic 2 Class Standard. Mr. Jarvis contended that the levels of the series were distinguishable on the basis of the work performed and in particularthat an employee classified at,the Maintenance Mechanic 3 level must be performing tasks at the equivalent of~a journeyman skilled tradesman. Counsel for the Employer maintained that none of the work performed by the 13 grievor was skilled work. In the alternative if the Board found to the contrary, the skilled work component was lessthan 60% of his working time. The Employer relied upon the following authorities: OPSEU (White/Foster/Keller)'.andMinistrv of Transportation, 670/88, 783/88 (Stewart); OPSEU (M. McKilloo, M. Soraque, R. Arthur, A. McCall) andMinistry of Transportation and Communications, 1032/84, 1033/84, 1034184, 1036/84 (Jolliffe) and The Anorenticeshio and Tradesmens Oualification Act, R-S-0. 1980 c-24 and all amendments thereto. On a reading of the relevant Class Series, there would appear to be a substantial overlap in functions performed at the first three levels. The preamble of the Maintenance Trade Classes makes it clear that the Maintenance Mechanic Series, unlike the Maintenance Trades; contemplates four levels; namely, Helper, Improver, Journeyman and Maintenance Foreman. We would agree with the Union that the series does contemplate a progression through the levels based on acquiring knowledge and skills which, as the preamble suggests, "will allow them to advance to positions involving more complex work and, eventually, to a journeyman level position provided a vacancy exists in an appropriate position". However, the distinguishing factor between class definitions in this series, we think, is the nature of the work performed. The .entry level of Maintenance Mechanic 1 contemplates the performance of work "as a general handyman in routine maintenance tasks requiring limited skills". The second ievel (Maintenance Mechanic I 2), requires "semi-skilled work in tasks iusually associated with one I or more of the skilled trades, or in semi-skilled handyman duties". \ The third level of the series (Maintenance Mechanic 3) is the journeyman level, I' a term that is normal,ly associated with skilled I. trades.. As the class definition for Maintenance Mechanic states, "this class covers positions where the employees are engaged for at least 60% of ~their working time, in general maintenance work requiring the application of the skills and knowledge generally associated with one or more of the skilled trades". I Atthis level incumbents~ are required to perform 'a vakiety of maintenance tasks requiring the use,of skills and knowledge usually associated with skilled trades. The standard describes'the nature of tasks "where I the complexity of the work assigned and the quality of the finished work, I. '~ or the percentage of work time iinvolved does .not warrant inclusion of the position in one of the skilled trade classes". .i The ~final level of Maintenance Foreman has been properly ~~' interpreted by Arbitrator Stewart in O&EU (White/Foster/Keller2 , and Ministrv of Transportation, supra, at p. 17 as follows: In our view, this Class Standard i&,clearly intended to apply to positions to which certification in a skilled trade and the ability to supervise +her persons who must possess a skilled trade are requirements for the position." We would agree with that interpretation. . I ~- I I 15 The onus, of course, is on the Union to establish that the grievor is currently misclassified. On the evidence adduced, we are satisfied that the complexity of the grievor's actual duties and responsibilities can best be described as "semi-skilled handyman duties" within the meaning of the Maintenance Mechanic 2 class definition. We do not find Exhibit 3 to be of any probative value. Clearly, the grievor performs a variety of handyman tasks under limited general supervision. In light of the grievor's lengthy tenure, it is understandable that he performs his job with limited supervision by the acquisition of increased skills as contemplated in the Maintenance Mechanic 2 .class standard. The evidence does not support a finding that the grievor spends at least 60% of his working time in general maintenance work applying skills "generally trades" - a requi Standard. associated with- one or more of the skilled rement of the Maintenance Mechanic 3 Class ‘. I We hasten to add that our conclusion does not adversely reflect upon the grievor's 25 years of service with the Ontario Science Centre. Although the Employer chose to call no evidence, Mr. Jarvis candidly acknowledged that Mr. Williams was a competent employee. However;-competency in the performance of duties and/or the length of tenure in a particular position and classification do not of themselves justify appointment to the Kgher classification sought. ~- 16 In the result, this grievance is dismissed. DATED at-Brantford, Ontario, this .,12th day ofJulg,'1991. . . . . . . . . . . . . . . . . . . . . . . . .