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HomeMy WebLinkAbout1988-1469.McLaughlin & Saldarelli.91-02-28 " ~ ONTARIO EMPL OY~'S DE LA COURONNE " CROWN EMPLOYEE.~ DE L 'ONTA RIO *~ GRIEVANCE C,OMMISSION DE S~i'I'LEMENT REGLEMENT BOARD DESGRIEFS 180 DUNDAS STREET WEST, SUITE 2100, TORONTO, ONTARIO. MSG 1Z8 TELEI~WONE/T££~_PHONE.. (4t6)326-~388 180, RUE DUNDAS OUEST, BUREAU 2~00, TORONTO [ONTARIO]. MSG IZB FACSIMtLE/T~L~_COPIE : (416) 326- 1396 14.69/88 IN THR NATTEI~ OF AN ARBITRATION Under THR CROWN RMPnOYREB COLLECTIVE BARGAINING ACT Before THE 'GRiEVaNCE SETTLEMENT BOARD BETWEEN OPSEU (McLaughlin/Saldarelli) '-. ~ Grievor - and- The' Crown in Right of Ontario (Ministry of Correctional Services) Employer BEFORE: T.H. Wilson Vice-Chairperson M. Lyons Member M. O'Toole MemBer PORTH~ I. Roland GRIEVOR Counsel Gowling, Strathy &_Henderson Barristers & Solicitors FOR THE M. Galway EMPLOTSR Staff Relations Officer Human Resources Management Ministry of Correctional Services HEARING: July 13, 1989 November 17, 22, 1989 'DECIS)ON The Grievors are shift engineers~ with the classification of Steam Plant Engineer 2 at the Burtch Correctional Centre in Brantford. They grieve that they are improperly classified and specifically request that they be reclassified as Industrial Officers 3. .However, at the hearing, Counsel for the Union also took the position that a CarQI Berry Order to require the Ministry tO prop..e, dy c!.assify the Grievors .might be appropriate. To properly understand the issues, we need first of all to set out the language, of the current class standard:r. " ~ C,ATEGORY: Maintenance Services GROUP: MS- 06 Heating and' Power SERIES: 'Steam Plant Techn.,Engineer & Chief · - CLASS CODE: 40100 TO 401 CLASS STANDARD ' PREAMBLE STEAM PLANT TECHNICIAN STEAM PLANT ENGINEER STEAM PLANT CHIEF SERIES These series are designed to cover positions involved in the operation, repair and maintenance of steam heating and power plants comprising one or more boilers and including any auxiliary equipment such as compressors, air conditioning machinery, pumps, electric motors, etc. Allocation of a particular position to the correct series and to the appropriate level within that series is dependent upon la) the total therm hour rating of the plant, and lb) the ievel of responsibilities assigned to the incumbent. I When the term engineer is used in. this Decision, it Pefers to a person possessing a stationary engineer's certificate, sometimes also called an operating engineer. 2 These two factors also determine the class of Stationary Engineer's Certificate (if any) required under the Operating Engineer's Act, 1965, or succeeding legislation. To facilitate allocation, plants are classified into seven groups with a code letter designating the therm hour range. Therm Hour Rating Plant Class High Pressure Low Pressure A Not exceeding 17 Not exceeding 50 B 17 to 50 50 to 134 C 51 to 1'34 135 to 400 D 135 to 400 over 401 E 401 to 650 F 651 to 1300 - G Over 1300 - The Steam Plant T~chnician Series This is a two level series covering positions where there is no legal requi~'ement for the incumbents to hold a Stationary Engineers Certificate. The first level in the series covers positions where the incumbents are responsible for the operation and routine maintenance of a Class A plant on an assigned shift OR positions involving routine semi-skilled labour' 'under close supervision in any other plant. These employees are not authorized to take over the operation of any plant other than a Class A plant. The second level in the series covers positions of employees who have overall charge of a Class A plant. This 'level may also be used for positions in which the incumbents possess a fourth class Stationary Engineers Certificate but have not yet been assigned responsibility as a Shift Engineer 'or Assistant Shift Engineer. These employees normally perform general 'duties under the supervision of a Shift Engineer in Class E, F or G plants. The Steam Plant Engineer Series This is a three level series covering positions of Shift Engineers and A~sistant Shift Engipeers which require the incumbents to possess a Stationary Engineers Certificate under the Operating Engineers Act, 1965, or succeeding legislation. Sl~ift Engineers have responsibility for the proper operation, repair and maintenance of the plant on an assigned shift under the general supervision of a Steam Plant Chief. Only one such position is assigned to each shift in each plant. Assi.stant Shift E[lgineers perform a variety of duties in connection with the operation, repair and maintenance of the plant under the technical supervision of a Shift Engineer. They are authorized to take over the duties of the Shift Engineer in case of necessity. Only one such position is assigned to each shift in each plant. The first level in the series covers Shift Engineers in Class B or C plants, OR, Assistant Shift Engineers in Class D plants. A fourth class Stationary Engineers Certificate is required for positions allocated to this class. The second level covers Positions of Shift Engineers in Class D plants, OR Assistant Shift Engineers in Class E, F or G plants. A third class Stationary Engineers' Certificate is required for positions allocated to this class. The third level covers positions of Shift Engineers in Class E, F or G plants. A second class 'Stationary Engineers Certificate iS required for positions allocated to this class. [The Steam Ptant Chief Series (omitted).] All of the.functions described in this preamble may be carried .out on a fu.l.I time basis or as the Most Significant Part of a broader range of duties which may include general maintenance, caretaking, etc. September 1, 1970 CATEGORY: Maintenance Services GROUP · MS-06 Heating & Power SERIES: Steam Plant Engineer CLASS CODE: 40112 CLASS STANDARD STEAM PLANT ENGINEER 2 (See Preamble for Definitions) This class covers positions .of shift Engineers in Class D steam heating or power plants or Assist Shift Engineers in Class E, F or G plants. These functions may be carried out on a full time basis or as the most significant part of general maintenance duties. SKILLS AND KNOWLEDGE REQUIRED General mechanical aptitude; good physical condition; supervisory ability (where applicable). 4 SePtember 1, 1970. The Collective Agreement contains a provision with respect to custodial allowance for certain staff of the Ministry of Correctional Services. This is found in Appendix A which was first introduced in 1985 and continued into the subject Collective Agreement.. This states as follows: This wilt confirm that effective January 1, 1984 a Custodial Responsibility. Allowance of two thousand 'dollars ($2,000.00) per year is payable to employees of the Ministry of Correctional Services and employees working in training schools operated by the Ministry of Community and Social Services, in addition to the rate of pay specified for the class of the position to which they are assigned, provided they fulfil all of the following requirements · (a) they are not professional staff such as teachers, nurses, social workers or psychologists; I ' (b) the positions to which the employees are assigned are not covere.,d by classes 'which already .take into. account responsibility .for the c~nt~;ol' of inmates 'or wards; such as Correctional Officers, Industrial Officers, SUpervisors of Juveniles, Observation and' Detention Home Workers, Recreational Officers (Correctional Services), Trade Instructors and .· Provincial Bailiffs; ....' (c) (i) they are required, for the major p(~rtion of theirworking time, to direct inmates or wards engaged in beneficial labour; (ii) as group leaders/lead hands, they are directly responsible, for the major portion of their working time, for operations invOlving the control of a number of inmates or wards engaged in beneficial labour;- , and · . (d) they are responsible for the custody of inmates or wards in their charge and required to report on their conduct and lay charges where breaches of institutional regulations occur. The Custodial Responsibility Allowances shall be paid according to the base rate for the class involved -- weekly rated classes -~ $38.40 -- hourly rated classes -- -- 40 hour week -- $ .96/hour 5 -- 361/4 hour week -- $1.06/hour William McLaughtin testified on behalf of the Grievors. He has his third class stationary engineer's certificate. He also has the Ministry of Environment's water pollution control plant operations Certificate. Burtch Correctional Centre, where he is employed by the Ministry, is a minimum security institution and is all male; it provides various work facilities for the inmates including for example, a cannery, a paint shop, and a farm. There is also a. sewage treatment plant where the Grievor has certain duties which we will examine in more detail below. There are six shift engineers in the institution and they all have third class stationary engineer's certificates. Their supervisor is the Chief Engineer who has a second class certificate. McLaughlin worlds a six week schedule consisting of one week days (six days) including week-ends, one week afternoons (seven days including week-ends), one week nights (six days'including week~ends)_and two weeks maintenance (Monday to Fr, iday days). Then the schedule is repeated. The result is that there is an engineer present at all times. On the maintenance shift, the Grievor signs in at {he power 'house but .his work may be anywhere in the institution. Normally, he has inmates with him; there could be anywhere fi,om one to ten; typically there are one to .three. And he described the institution as being like a small town, i.e. it strives to provide as many of its own needs as possible. The Grievor, McLaughlin, brought with him to the'hearing his 1987 and 1988 Record or' Log Books showing entries for work done during the respective time periods by the power plant staff. That staff includes the chief' engineer, six engineers, one maintenance electrician, one maintenance carpenter and one contract engineer who has since become an employee. The entries for each day are made by the afternoon engineer - the day engineer notes on a note-pad from which the afternoon engineer transcribes it. Referring to January 4, 1988, he showed that the maintenance shift oPerating engineer (day shift) using inmates would have: serviced the sewage plant and pump house; replaced lights where required;# 2 unit installed light fixture behind cubicle (might be the electrician) installed new pulley on PAC pump at sewage plant; pressurized heating system in units ##'3 & 4 (i.e. in the mechanical rooms of the inmate dorms ## 3 & 4)( now the mechanic could do it); unplugged urinals in unit # 4 (the engineer would be 6 supervising the inmates doing this); repair table legs from Unit #'~ .(this would be done in the maintenance shop in the power house either by inmates or possibly by the engineer himseff); repaired taps in the Common kitchen washroom; instal new cover on wall receptacle in unit # 3, i.e. a protective cover for the electrical fixture; the electrician could have done this; cheek water leak in Temporary Absence Building; check heat in # 4, north, east and west dorms (could be either the engineer or. the electrician); repair wiring in toaster in kitchen (this is a large rotary toaster and the work might be done by either the engineer or the electrician); turn heat on in Admitting; and repair taps. in # 1 sink in # 5 unit. In McLaughlin's view, this was a typical day for an operating engineer on the maintenance day shift. The operating engineer has responsibility for the maintenance, repair and operation of the various systems in ail the buildings: electrical, plumbing, unit hot water, air make- up, fire alarm, lighting and security (i.e. electric door locks) systems and the kitchen equipment. However, he does not do a lot of air-conditioning work since he does not have those skills. With respect to electrical matters, he does the less complicated work depending on the work schedules. McLaughiin testified that if the'kitchen toaster broke down for example he would repair that. During the day shift, the maintenance engineer is responsible for the waste water maintenance plant. It has a capacity of 100,000 gallohs per day and services the entire institution other than its storm sewers. At the waste separation plant, the maintenance engineer takes tests to check that the effluent meets Ministry standards, for example the alum, (which is the phosphate neutralizing system), the chlorine system, rain fail, and solids in the system and computes the results. Those results are recorded. He also records the pumping of sludge from one part. of the system to another. The witness estimated that alt the testing and visual checking takes about a minimum of an hour a day. It can take all day if he has to pump out a digester or if there is a major repair or installation. With the assistance of inmates the sediment is put out in the institution's farm fields as fertilizer; sometimes as a liquid it is pumped out - a task which the maintenance engineer does with inmate assistants. The waste water management should be done every day so that if there is an absenteeism, the chief engineer may have to relieve the third class engineer in the power house so that the third can do the waste water management. On week-ends, the operating engineer on 12-8 shift services the waste water plant; he allows one hour for this. The maintenance shift operating engineer also does installations With the assistance .of inmates. As an example, inmates in the maintenance shop in the power house make security screens and then instal them. Another example was from the Record Book for 1987 (March 16):'"repair suction in dental chair". Not all the work done gets into the Record Book. If the operating engineer sees a job and does it, he may 'in fact.not record it. The Grievor, McLaughlin, then turned his attention to the position specifications for the Shift Engineer. Under Summary of Duties and Responsibilities, it states: 1.70% Takes charge of an assigned ~hift in the power plant and performs dutie~ as follow~: -Operates 2 high pressure watertube steam gas or oil-fired boilers, & 2 high " pressure watertube steam gas or oil fired boilers, ' total rating 340 thermal hours. - .. -Operates r.elated mechanical and electrical auxiliary equipment such as Water feed pumps and auxiliary 400 KVA diesel powered standby generator. -Carries out necessary tests on boiler water samples, soft water and on .sewage treatment plant. ",uses acid and/or chemicals as prescribed, in restoring proper water balances. Keeps a record of all tests and of all actions carried out. -Carries out running repairs and maintenance to equipment within the Plant such as'cleaning boilers, combustion'chamber; packing or repacking pumps; oiling and greasing equipment; replacing packing glands, grease glands and bearings. -Keeps a shi/t log record to record all data and incidents during the shift such as steam pressure, fuel consumption, plant condition, repairs, etc. Although the specifications indicate that those duties require 70% of the Grievors time, he testified that in fact those duties require only about an hour per shift, excluding the sewage treatment. It would only be more if problems were encountered. There is an inmate assigned to help with these duties; he is called the inmate fireman and he is trained and instructed by the operating engineer with the object of his obtaining a 4th class certificate. He also supervises inmates in the pOwer house workshop which is in the stockroom. They could also be working in the next building. Under his supervision, they 8 could be doing welding, pipe fitting, rebuilding or making things, such as repairing metal tables, hot 'plates, grills, electrical keEl.es, security meshes. This would be metal and electrical work but not specifically woodworking. The inmates also work in the maintenance Shop of the Power House. In the maintenance shop there are welding · equipment, a drill press, a power threader, various grinding equipment, pipe wrenches and other power hand tools. This areas is used for work on metal. Various things are brought there for repair and various other things are'fabricated there. The shift engineer has other responsibilities when assigned to ihe power house: he orders chemicals both.for the pOwer house and for the rest of the institution. In the north room of the power house (electrical power room), he has to check various panels recording power usage and monitor it. He also test runs the diesel on the day shift on Monday and monitors the fire alarm system for the institution. If there is a malfunction, he may remove a module and replace it 'with a blank until it is repaired by either the maintenance engineer or the electrician. · On an afternoon or night shift, the operating engineer would be alone in the power house and none of the other trades usually work during those hours. As a result, he has res'ponsibility for the emergency maintenance ·of the other systems and machinery in the institution. An example would be a failure of heat in a dormitory; the Correctional Officer would call and then replace the engineer in the power plant while he checked the mechanicaf unit and fixed it himself if he could. If he had inmates with the requisite skills, he ·would use them and whether he would have them work alone unsupervised would be a judgment call on his part. He is allowed to be out of the boiler room 15 minutes in an hour: there are alarms on the boilers. McLaughlin was referred to a document called Performance Planning and Review a number of which for various years were 'filed as - Exhibits (#3-?). His instructions set out in that document are "to minimize the number of call-ins for emergency repairs" so that if he can fix something himself without calling in a another trade, he should do so. If he cannot fix it himself, he calls the power house chief who calls in the appropriate person either because he does not have the skills or time to do it himself. It also states that he is "to keep up with minor repairs on off shifts." He described this as anything passed on from the day shift. In the maintenance shops there are inmates 'who even work from 3:30 p.m. until 10:30. p.m. and from 10:30 p.m. until 6:30 a.m. They do whatever is assigned. The shift engineer is also responsible for the fire alarm system which is located in the electrical room of the power house. There is a siren on the roof of the power plant. The location of the activated alarm is shown on the panel in the electrical room. If .there. is an alert, people are 'despatched to the site. The shift engineer monitors the situation by radio until someone in authority tells him that the area in question has been secured ~ at which poin~ the engineer sounds the all clear and PUtS the panel back into proper operating mode or otherwise replaces the module with a blank. .The Position Specification states: 2.2.5% Supervises inmates by performing ~lutie~ such as: .Designs and checks the work of 1-6 inmate firemen assigned on shift, giving. training and instruction in operating boilers and equipment and in carrying out test and. repairs. This training is recognized by Ministry of Colleges & Universities for examination purposes, if inmates wish to apply.for 4th class Engineering papers, on release. Ensures inmates' custody, safety and industry at work..Prepares and s~bmits written progress and conduct reports and lays misconduct charges. Attempts by personal example to maintain atmosphere conducive with rehabilitation and to sustain inmates' interest in the work. The Grievor, McLaughlin, gave examples from an exhibit (#3. Tab 9) of work done by inmates in the shop in the power house: knurled handles or bar covers for dumb-bell and bar-bell sets for recreation; frame structure for bar-bell storage; redesigned and .. manufactured rolling shoulder attachments for leg bands and varied adjustments for. recreational staff; made punches for hobby craft for the recreational department; redesigned and made four new key bo~es for security and lock set adjustment; fabricated shelf for engineer's office; redesigned Superstructure used by security staff. In the course of supervising work done by inmates, the engineer has to instruct inmates on how to use the tools and equipment. He may have to actually do the work itself if the inmates are unable. He also trained inmates on plumbing, steamfitti.ng, welding and electrical skills in {he course of his supervision of the work of the inmates. He also teaches them work safety and general work skills such as keeping equipment and work area clean. Looking at his Position Specifications with respect to time aflocations, he testified that they have 10 inmates with them all the time. In cross-examination, he pointed out that 25% as indicated in the Specification would not even qualify for the custodial i'esponsibility allowance (Appendix 8 of the Collective Agreement) which he already receives. With respect tb the #3 Duty, namely Performed Related Tasks, he estimated that he spends two fifths of the time on these duties, not 5% as the Specifications indicate. In cross-examination, the Grievor testified that in Maintenance Services, there are five full-time stationary engineers, one unclassified stationary engineer, one electrician, and two maintenance mechanics. He works on a rotating shift basis: the first four weeks are as a shift engineer and the last two weeks as a maintenance engineer. Vacations are usually scheduled during.a maintenance shift although not necessarily although they are usuaIly scheduled on days. If they are short.' a man, the gap would be filled by taking someone off maintenance..He agreed with the Ministry Counsel that when working in the building during the four weeks as a shift engineer, his primary responsibility is to respond to any alarms from the boilers or any boiler problems. The diesel generator is in the electrical room rather than the boiler room. He explained that on week-days, the sewage treatment ptan( work is done by the maintenance engineer or even by the maintenance mechanic or electrician. But on week-ends or holidays the sewage tests are done by the night shift engineer in the hour after 'the completior~ of his shift. The tests done on the boilers, he estimated, take about a half hour each shift.' The boilers are Cleaned out about once a year and that work is normally done by inmates under the engineer's supervision. This may be spread out over several week~ since there are many boilers and the work done by the inmates has to be checked. As the Specifications indicate, he does do maintenance through-out the instit, ution but not always personally; the inmates do it under his control and he only does what they cannot do. The Grievor was taken through Tab 3 of Exhibit 3 ( a list of work done by an inmate) under cross-examination. The particular inmate had done heavy steel work on the outside and the Grievor wanted to expand the inmate's skills by teaching him how to do smaller jobs in order to give him more marketable skills. Unemployment had got him into trouble. Marvin' Ireland is the Coordinator of Maintenance Services and the Grievors' immediate superior. He testified that he had been reclassified to that position about two- three years prior to the hearing. Prior to that, his Cfassification had been Chief Engineer; he has a second class stationary engineer's certificate. He is in charge of the power · house and all the maintenance for the institution which has 400 a. cres and 20-30 buildings. In his absence, the shift engineer is responsible for the power house and the electrician is-responsible for purchasing and receiving. With respect to monitoring the boilers, he explained that the type of boilers requires a 2nd class engineer in charge and a 3rd class engineer to man them at all times. While for example the boilers at Stelco would require the physical presence of the engineer's at all times, because the boiler plant at Burtch is smaller and the safety requirement must be met, their engineers are involved .' in maintenance and go outside the power house supervising inmate help. While the shift engineer is there to operate the boilers, he does have time to do many other things as the Grievor had testified to. In his view, the primary responsibility of the engineers was the operati.on of the boilers. The number of inmates assigned to maintenance service~ is generally about 12 although for a while when the Young Off, enders Act first came into force it dropped to about six to eight but has "returned now to 12. If the inmate labour shbuld be removed, there might be a need for more staff but in his view it would not affect the number of engineers .required. When asked What percentage of time the maintenance people spend supervising inmates (not including the shift engineer), he stated that there is a discretion in the amount of time the engineer spends supervising and he distinguishes between having care and custody and instructing the inmates. He testified that the amount of time' maintenance people spend in direct supervision of inmates varies but estimated about 15-20% of the time. He gave the same figures for instruction of inmates on fabrication. With respect to the same function for shift' engineers, he estimated only 5% but he would add onto that ti'me instruction on maintenance. He stated that the day shift engineer does more of it. In cross-examination, he testified that between 1978-1988 there was no maintenance mechanic. The staffing in the maintenance area over the previous five years has been irregular because of retirements and illness. Argument Union Counsel's position is that the issue before us is whether the position fits the 12 language of the classification. He referred us to the definition in the preamble of the Class Standard which he submits shows the scope of the series. It is concerned with steam heating and power plants, with boilers and'auxiliary equipment. That is confirmed as you read through the rest of the class standards for the 'series.-As page two of the class standard indicates there are two levels of responsibilities into which the series and each class in it are divided, namely Shift Engineers and Assistant Shift Engineers. Which one an employee fits depends on the thermal hour rating of the power plant where he works. In the case of Steam Plant Engineer 2 the class covers positions of Shift Engineers in class D steam heating or power plants or Assistant Shift Engineers in Class E, F or G plants. The Shift Engineers have responsibility for the proper operation, repair and maintenance of the plant on an assigned shift under the general supervision of a Steam Plant Chief. In the case of the Grievors, they work in a class D plant. He places particular emphasis on the following provision in the E'ngineer 2 standard: These functions may be carried out on a full time basis or as the most significant part of a broader range of general maintenance duties. Mr. Roland then proceeds to argue that the issue is: what do those words mean; are they qualitative in meaning or quantitative in meaning or some combination of the two? In the qualitative sense, the Steam Plant Engineer has duties in the boiler 'room of an archetypical stationary engineer type. In that respect, the question is: do these boiler room duties represent the most significant of a broader range of duties. By law the shift engineer must be in or about the boiler: see; the Operating Engineers Act R.S.O. 1980, c. 363, s.20 as amended S.O.c.42, s.10. Qualitativ. ely, it means that an interruption in the production of steam would interrupt the operation of such things as the cannery and the · heating system. The Grievor, McLaughtin testified that in his view the care, control and custody of the inmates is his primary duty. Furthermore, he has other significant duties assigned to him other than those of the steam plant even when performing as the shift engineer: one of these is fire control through the indicator panel which although physically in the power house is unrelated to his I~oiler house duties and it too relates to the inmates. Another such duty is t'hat of the electrical room where he is responsible for the operation of the dieset generator. It controls the security of the institution since the cel~ locks are electrically controlled. Then there is the waste treatment plant which is operationally unrelated to the normal, power house duties. These are all operational 'duties not maintenance duties. From a quantitative point of view, he points to the evidence with respect to the amount of repair~ and fabrications done by the Grievors afmost all of which relates to metal or electrical work. Furthermore, .on the afternoon and night shifts, the shift engineer is responsible for maintenance of the entire institution. While on the maintenance shift, the Grievors have no boiler room responsibilities. Then in addition.to these facts, there are a host of duties that do not fit the class at air and they are neither boiler room nor maintenance duties: the fire alarm system, auxiliary power generator, sewage treatment 'plant and the pump house. As a shift engineer,, they have fabrication duties which.are part of the institution's self-sufficiency program as for example the current order for security screens for vehicles, They also do installations which again is not within the class standard and is not, in his view, maintenance, With respect to the Grievors'. relationship to the inmates,. Mr, Roland pointed out that they supervise and train the inmates as is stated in Exhibit 3, tab 7 at p. 2 -. language which is found in the class standard for Industria[ Officers (see Exhibit 4) and Trade instructors (Exhibit' 5). This distinguishes it from those classifications that do not contain such duties but for which the custodial responsibility allowance in Appendix 8 of the Collective Agreement is paid (see: page 4 of this Decision for the text). Appendix 8 does not apply (a) to professional staff, nor (b) to the positions'which take into account responsibility for the control of inmates such as Correctional Officers and industrial Officers. What they are compensated for is being required for the major portion of their working time to direct inmates engaged in beneficial labour and they are responsible for the custody, of inmates in their charge and report on their conduct. In Mr. Roland's submission, control and custody are different from ~ and instruct . Training and instruction 'must be placed in 'the class standard if that is what the employee does. In looking at the industrial Officer series, Mr. Roland conceded in argument that the Grievors did not fit Industrial Officer 3 because they were not managers or assistants to managers of larger or more complex production operations. Although he argued that they did things described in the Industrial Officer 2 classification, they however have 14 maintenance and other duties as described above which are not reflected in the Industrial Officer series and so prObably do not fit it at all. The ctass standards for the Maintenance Mechanics were also filed but they have a 60% of the time on maintenance requirement and the Grievors do not meet that requirement and there are the other duties of the Grievors which are not present in that series. Accordingly, Union Counsel concluded that a carOl Berry order was needed: i.e. that the Employer properly classify the Grievors. Ms Galway for the Ministry argued that the Griev0rs are properly classified at the present time. In her submission, the Board should ask itself three questions: 1. are the Grievors in the right category; 2. are the Grievors in the proper class series; and 3. are they at the right level within the series. Where there is an overlap of duties between two classes such as between Industrial Officers and Steam Plant Engineers, the Union must show that the Grievors pedorm the core or characteristic duties of the classification it seeks for the Grievors. She referred the Board to its previous decisions in: Lynch .and Ministry of H~al~h GSB 43/77 (G.W. Adams 14 February 1978) at pages 4-5; Rounding and Ministry of Community an~l Soci~,l.Services G.S.B. 18/75 (D. M. Beatty, 23 Ap~'il, 1976) pages 3-4; and Edwards and Moloney and Ministry of Community and Soci~ S.ervices G.S.B. 11/78 (K Swinton, 4 May 1979). It was her submission that the Grievor does not do the core duties of the Industrial Officer or the trades instructor series. She stated that she agreed with the submission of Union Counsel that the classification must be supported on both a quantitative and qualitative basis. Turning to the "moSt significant part of the Grievors' job", it was her position that while the Grievors are assigned to the power plant as a shift engineer, the operation of the plant is a primary and on-going responsibility. These are their duties through-out the shift. Turning to the language of the Steam Plant Engineer. 2 class standard (654), which states that: "these functions may be carried out on a full-time basis or as the most significant part of a broader range of general maintenance duties." In her submission, if you take account of other functions, these duties are the most significant part. The Preamble (648) speaks of "operation, repair and maintenance of steam heating and power plants including auxiliary equipment", it is a legal requirement that they be there while the boilers are operating~ The Grievors according to the evidence are working 15 as shift engineers a majority of the time. Under the six week rotation system, each of ~[hem would be assigned as the shift' engineer about two thirds of the time. As for the maintenance tasks; they fall within the maintenance services category as defined in the classification system. As for their obligations to the inmates, 'in her submission, those tasks are compensated by the custodial allowance. With respect to the training of inmates Appendix 8 refers to ¢irectj~n_ of inmates engaged in beneficial labour. The evidence shows that the Grievors are supervising and training the inmates largely through direction of the inmates. There was no intention to place all employees responsible for training inmates into the Industrial Officer series or something akin to it. She argued that to 'interpr..et the words in the series, you have to read them .in light of the Standards as a whole. The production of steam is not comparable to the examples given in the Standards to identify an industrial operation: as for example the Shoe Shop at Mimico or the Braille Print Shop at Millbrook or the Tailor Shop at Rideau Industrial Farm. Furthermore;. the., fabrication done by the Grievors is not the same as that contemplated by the industrial Officer Standards. The 1.0. series is' premised on the involvement of inmates, but in the case of the shift engineers, the inmates are not needed for the operation of the boiler house. Furthermore, the Grievors do not manage or assist in the' management of,the. powe? plant or the.maintenance area. There are no production schedules in the power plant. The functions other than those relating to the boilers themselves are not the most significant and there is no evidence that they are the sole responsibility of the Grievors. Furthermore, the evidence did not show the amount of time spent by the Grievors on the other tasks: indeed, the work was spread out over a very long period of time. In the Employer's view, the fabrication described by the evidence is in fact a part of maintenance. The new installations furthermore were spread out over 18 years and were not shown to' be a significant part of the Grievors' work. In reply, the Union took issue with the Ministry's proposed approach to the Board's task in evaluating a classification grievance. Furthermore, the case law relied upon by the Ministry is pre-Ber_ry. The functions referred to as being the most significant in the standard are not institutional, but steam plant functions. Reasons for Decision 16 The first point I wish to deal with is the role of this Board in a classification case. There is no doubt that the Board's role was clarified by the Divisional Court's decision in Berry and Ministry of Community and Social Services. I agree with Mr. Roland that the pre-B_B.e..E~ decisions need to be read in light of the Court's ruling in that case. It is not now · our function to determine whether the Grievor fits his current classification or another one put in evidence and claimed by him as appropriate. Our task is to determine whether he is currently properly classified; and if it determines that he is not properly classified and if there is no other classification in evidence which he fits, the Board directs the Ministry either to find one or create one. It was Mr. Roland's position that the Grievors are not at present properly classified and since there is no ortner classification before us into which they do fit that we should direct that they be properly classified by the Employer. The Board must first determine: are the Grievors properly classified. This is clearly the law and the Board recognized it in _Townsend and MOS G.S.B. 0004/85. In asking the question: are the Grievors properly classified, I turn first to the Grievors' relationship to the inmates. Do the Grievors simply "direct inmates ... engaged in beneficial labour" as set out in Appendix 8? .Or, do they do something more akin to what the Industrial Officers are described as doing, namely "instruct and direct an assigned group of inmates", it is the instruction element that is critical since that is clearly what is not compensated for in Appendix 8. It is the teaching aspect that matters and the real difference is whether the inmates are instructed in skills which they otherwise 'did not possess but which they must acquire to .do the work assigned to tl~-~m. It.connotes that they are learning something that they will be able to use outside once released.' Interestingly enough almost all the work described in evidence which is taught to the inmates is of at least a semi-skilled level, certainly at what at the lowest can be described as handyman work: installing security screens and fabricating various metal and electrical items. What others such as the skills the firemen inmates are taught are actually at the skilled level. Although we have only the verbal formulations for the training given by industrial officers as set out in their class standards, I am satisfied the skills taught by the Grievors are at least as sophisticated as those of the industrial officers, if not more so. These tasks, teaching'and training inmates, are not recognized in the current class standard for the' Grievors. They represent tasks beyond those compensated for by Appendix 8. tf we assume for the moment that maintenance tasks set out in the class standard .. extend to the whole institution (and as I will show I think they do), they do not include "'operational tasks", What are clearly operational functions are such things ss the sewage treatment plant, the fire alarm system and the auxiliary generator. The sewage treatment plant in my view is the major extra operational duty which the Grievors have and which is both physically farthest removed and most removed in terms of his archetypical stationary engineer skills. I am satisfied that the Standards do contemplate maintenance throughout the institution since purely power house maintenance which is automatically incidental to their core skills as.stationary engineers are referred to specifically in the opening words of the Preamble · "positions involved in the operation, repair and maintenance of steam heating and power plants". Turning ~ then to the clause "All these functions described in this·preamble may be carried out on a full time basis or as the Most Significant part of a broader range of duties which may include general maintenance ...", I am satisfied that General Maintenance ( as distinguished from maintenance of steam heating and power plants) means maintenance throughout the' institution~ The issue then remains' what is general maintenance. I tend to agree with Mr. Roland that general maintenance does not include adding something new: for example retrofitting or expanding or developing existing plant and facilities. Basically, it means the. maintaining of and possibly minor repairs to or minor replacemer(~ of existing worn-out plant and equipment. What was described in evidence in some cases clearly went beyond general maintenance; and I consider fabrication generally to be beyond maintenance, i. e. fabrication when it is more that making simple, minor replacement, parts for'worn-out equipment and plant. Turning .next to the words "Most Significant Part", it arguable that it refers to either quantitative or qualitative. And in some case law, there is the use of the word "substantial", which is essentially the same concept. What is clear to me is that a judgment is necessary on what is or are the most important parts of the Grievors' tasks. Quantity may be a factor in reaching that decision but will ·seldom be in itself · 18 determinative. 'In the present case, it is clear that the Grievors have several very important tasks: the boilers, the inmates, and the sewage treatment plant are no doubt the most important. Modern technology has freed the stationary engineer from the burden of constant work on and attention to the boilers. Accordingly, he has been given more responsibilities. None of this alters the fact that in taw, he has to be responsible for the boilers, both their operation and their safety. But questions about which has more priority for the Grievors: fighting inmates or boilers in danger of exploding are exercises in debating techniques, not job analysis. The same is true of the question about whether the inmates are necessary to the Grievors' work. The Grievors have been assigned these duties with respect to inmates and accordingly they must be recognized. Because he is no longer shackled to his boilers, the stationary engineer can and does do other significant and in many ways equally important work: the class standard is clearly a dated · document. It does not recognize those additional functions. I am not gofng to engage in a detailed analysis of the Industrial Officer series. Mr. Roland does not challenge that the Grievors are in the Maintenance Services category. He did not even make a great issue of their being in a Steam Plant Engineer Series. He conceded that Industrial Officer was not appropriate and I have no reason to disagree with both Counsel on that point. But the Union is correct that the current 'classification is not correct. It is the duty of the Employer. now to make a proper classification. This decision has highlighted where the current classification is wanting. Accordingly, I direct the employer to properly classify the Grievors in such a way as to reflect the actual duties performed by the Grievors. The parties have agreed that the 20 day rule on retroactivity applies. The reclassification 'should take place as expeditiously as possible. If it is not completed within three months of the date of this decision, the Union may request this panel to reconvene to give further directions to the parties. Therefore this panel remains 19 ~' seised to imPlement this Decision. /...-- Dated at Toronto this 281h day of Februa=7 1991. ' Thomas H. Wilson Vice-Chairt>e~:so- M. O"Toole Member