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Home My WebLink About1986-1850.Brandt and Stevens et al.90-01-05,80 DUNDAS STREET WEST. TORONTO. ONTARIO. M5G IZS - SUTE 2700 TELEPHONE/Tk&‘HONE 180. RUE D”ND4.S OUEST. TORONTO. lONTARlOJ HSG 128. BUREAU2100 ,‘76,598.0688 1850,'86, 1373/88, 1483/88, 1484/88, 2-l/89, 38/89, 64/89, 250/89, 251/89, 406,'89, 407/89, 408/89, 1092/89 IN THE NATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEHENT BOARD Between: OPSEU (Brandt and Stevens et al) Before: For the Grievor: For the Employer: Hearings: Grievor - and - The Crown in Right of Ontario (Ministry of Transportation) Employer N-V. Dissanayake Vice-Chairperson I. Freedman Member A. Stapleton Member T. Hadwen Counsel Cavalluzzo, Hayes 6 Lennon Barristers & Solicitors D. Francis Counsel Winkler, Filion and Wakely Barristers & Solicitors July 21, 1989 November 14, 1989 2 DECISIOU The twenty two grievors are all classified as Inspector of Signs and Building Permits 2. They grieve that this classification is improper considering the nature of their work and seeks re-classification to an appropriate classification. On the agreement of the parties these grievances were consolidated. The Union led evidence through two representative witnesses, one working in Northern Ontario and the other in Southern Ontario. The Employ.er adduced no evidence. This award is thus based on the testimony of the Union's witnesses and the documentary evidence filed. The parties agreed that the decision of the Board will also be applied to the grievances of three other Inspectors of Signs and Buildings Permits 2, namely, Van Den Hogen, Hallinen and Kresack, whose grievances at the time of the hearing were at stage two. The class standard for the grievers' current classification is as follows: INSPECTOR OF SIGNS AND BUILDINGS PERMITS 2 fLASS DEFINITION: This is the working level for positions of employees in the Department of Highways who perform inspectional duties in the field to ensure uniform control of buildings, encroachments, entrances, 3 signs, trees shrubs and miscellaneous structures or other potential visual impediments on lands adjacent to or within the limits of the right-of-way of a provincial highway. Under the supervision of a senior inspector or under the general supervision of a District Maintenance Engineer, they carry out field inspections of sites proposed for the installation of structures adjacent to provincial highways, and grant or withhold permission in accordance with the provisions of the Highway Improvement Act and other relevant regulations. These employees may work independently, in an assigned area, investigating drawing location plans, applications, issuing permits collecting fees associated with permits and renewals and maintaining files of all structure permits which have been issued within their area of operation. They investigate infractions and prepare form letters for the District Engineer's signature. They persuade the parties concerned to correct infractions and where legal action is necessary they prepare legal documents, and request local police authorities to lay charges. witnesses if required. They may appear as SKILLS AND KNOWLEDGE REOUIRED: Knowledge of relevant provisions of the Highway Improvement Act, Planning Act, Travel and Publicity Act, Gasoline Handling Act, Municipal by- laws, and a working knowledge of basic engineering pertaining to grades, drainage, curves and visional requirements. 1. Grade 12 or an acceptable equivalent combination of education and experience. 2. A minimum of one year's experience in a position classified as Inspector of Signs and Buildings Permits 1. 3. Maturepresence, tact, diplomacy, initiative, personal suitability. 1. Inspectors of Signs and Buildings Permits NOTE: who are in charge of district inspectional 4 work, overseeing a qualified inspector and sharing the inspectional workload or who perform all the duties on their won, may be paid one rate above each listed rate in the salary range. 2. Inspectors of Signs and Buildings Permits who are in charge of Districts and oversee two or more working level inspectors may be paid two rates above each listed rate in the salary range. Revised. Auaust 1966 While this series originally contained three levels, the evidence is that the classification of Inspector of Signs and Buildings Permits 3 was abolished sometime in 1985. A class standard is not expected to capture the details of a particular employee's duties before it is found to be a proper fit. That is the function of a position specification. A class standard must necessarily be in broader terms because it must be able to represent a number of positions, whose duties may not be identical. Nevertheless, the substantive duties of a position must reasonably fit the terms of a class standard. On the basis of the evidence we heard about the grievers' duties, we have concluded that those duties do not properly fit within the class standard for Inspector of Signs and Buildings 2. This class standard, last revised in 1966 is obviously outdated. For instance some of the terminology, concepts and 5 statutes referred to in the class standard are no longer in existence. However, this is not the .critical reason for our decision. The deciding factor is that the class standard'does not reasonably capture the work presently done by these employees. The focus of the job as envisaged in the class standard is the performance of "inspectional duties in the field" to ensure that activities undertaken within designated highway corridors conform to statutory and regulatory requirements. However, presently, the grievors engage in minimal field inspection. Their major role is one of negotiation and consultation. Their job is more complex than mechanically applying a set of requirements laid out in a statute or regulation to decide whether a permit should be issued or withheld. The evidence is that the acceptability of a proposal is no longer governed by statute or regulation. Instead the grievors have to consider various Ministry policies and guidelines. This is a far less mechanical process, because the Ministry policies and guidelines are much more general and flexible than requirements set out in a statute or a regulation. Furthermore, the grievors are no longer limited to approving or disapproving permits. When a proposal is received, the grievors assess it and then engage in discussions with the proponents and their technical experts and professionals. They also consult with the Ministry's own 6 technical experts to get their opinion of a proposal. Having done that, the grievors work with the proponents and their advisors to remedy any defects and put together a proposal that will be acceptable to the Ministry. They thus play the role of a mediator and liaison between the Ministry and the proponent rather than one of anenforcer. Also, the class standard does not give recognition to a number of areas of work which the grievors are required to perform now as a result of legislation enacted since 1966 governing land use and severance. This work requires a degree of sophistication of the part of the grievors and also form a significant part of their day-to-day work. As a.result of these changes, the grievers' job has become more an office type job, than a field inspection type job contemplated in the class standard. For all of the foregoing reasons, the Board finds merit in the grievors claim that their jobs as presently constituted are improperly classified as Inspector of Signs and Buildings Permits 2. Since we have not been advised of the existence of any other suitable classification, the Employer is hereby directed to create a new. classification to reflect the grievers' job. (See, Re OPSELJ fBerrv) and the Crown in Riaht 0 f, Ont. Div. Ct. February 17, 1986; Unreported). This reclassification will be retroactive to 20 days prior to 8 ADDendix The following is a complete list of the this proceeding grievances subject.to~ : ~- Grievor Amendola 1483188 Barkley 1483188 Bertolo 1373188 Brandt 0064189 Coons 0408189 Goodrich 0251/89 Griffith 0027/89 Hatala 0038189 Letain 2334187 Levere 0027/89 Lorrain 0027/89 Mathews 1484188 Morrison 1850186 Mustard 0251189 Peeling 0407189 Peroff 0038189 Schiavone 1484188 Serson 0250/89 Sharbot 1484/08 Sommerfeld 0406/89 Stevens 0064189 Van Volkingburgh 0250/89 Brickman 1092/89 the filing of ,the grievance of each grievor. Once 'the classification is created, it will be up to the parties to negotiate an appropriate level of compensation. Dated this 5th day of January 1990 at Hamilton, Ontario , .- Nimz'V. Dissanayake V=hairperson A. Stapleton Member