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HomeMy WebLinkAbout1989-0198.O'Kapiec.90-02-28 " ' ~ ' ' ~:' ONTARIO EMPLOY'~SDE/-A COURONNE .'~ · CROWN EMPL 0 YEE$ OE L 'ON TA RIO GRIEVANC,= -COMMISSION DE SETTLEMENT R :GLE ENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, TORONTO, ONTARIO. M5G IZ~ ~ SUITE 2100 TE&EPHONE/T£L~PHONE t$0, RUE DUNDAS OUEST, TORONTO, (ONTARIOJ M5G IZ$- 8UREAU 2100 (41~) 595-0688 i98/89 IN THE HATTER OF AN ARBITRATION Under TEE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: OPSEU (O'Kapiec) Grievor - * - and - The Crown in Right of Ontario (Ministry of Transportation) Employer Before: M.R. Gorsky Vice-Chairperson M. Lyons Member M. O'Toole Member For the Grievor: J. Kovacs Counsel Gowling, Strathy & Henderson Barristers & Solicitors For the Employer: D. wakely Counsel Winkler, Filion and Wakely Barristers and Solicitors Hearings: August 15, 1989 December 12, 1989 Decisio~ The grievor, R. O'Kapiec, filed a grievance (Exhibit 1) on January 9, 1989, claiming that the position which he occupies is improperly classified. Mr. O'Kapiec's position title is that of Computer Technologist with the Ministry'of Transport and he works at the head office of the Ministry in Downsview, Ontario. He is within the Highway Engineering Division of the Ministry, which has as its purpose the design and construction of highways and bridges which includes adjunct activities involving light standards and electrical details. The Highway Engineering Division is divided into two offices: (1) Structural and (2) Highway Design. The Highway Design office contains a number of sections ~including: (a) Highway Standards (which is concerned with reviewing specifications to ensure that they meet the standards which have been established); (b) Electrical Section; and (c) planning and design. The Structural office, where the grievor works, is concerned with the production and design of highway structures such as bridges and culverts. The Structural office contains a number of sections: (a) Design; (b) Bridge Management; (c) Administrative and (d) Procedure. The grievor is assigned to the Procedure section of the Structural office, which is divided into the following groups: (i) Standards, which is concerned with structural standards; (ii) Administrative, which is concerned with clerical matters; and (iii) Computers (this may not be the correct name, as the grievor acknowledged) but it is this group to which the grievor is assigned. The work of the Procedure section is devoted to the development of bridge programs, which were described by the grievor as tools used in the design stage o~ bridges. The programs (with an emphasis on computer programs) used in this function are aides for those in the Design section of the Structural office. The engineering staff in the Design section of the Structural office are responsible for designing structures, with draftpersons in that section and office producing production documents (also referred to as contract documents, furnished to contractors performing construction work) of the designs developed. The grievor interacts with th~ engineering personnel and draftpersons through hi~ work on the graphic computer packages which assists those who are responsible for the design work (engineers) and those who render the production documents for such designs (draftpersons).~ He provides analysis services and returns ~n results, employing the 6omputer graphics packages. The grievor testified that he also performed, what he referred to 3 as, preliminary drawings for design engineers.' These were rendered from notes furnished by design engineers, also using a copy of the planning report which was furnished to him. He referred to this function as involving some design work. The design (preliminary or final) is ultimately the responsibility of a design engineer. When delivered to the grievor, he uses computer programs to analyze the designed structures, which function is to assist in the production of a structure. In addition to ~using the programs, the grievor is involved in instructing certain of the persons he comes into contact with in the operation of the computer programs. This part of his job involves him in the production of some computer graphics. The grievor is also involved in the operation of certain bridge programs which' are concerned with geometry and re-bar schedules (which involve structural steel). The grievor also'uses computer programs which involve a bridge inventory system that keeps track of the'history of a structure, including maintenance and periodic updating. Data is usually furnished by others and is entered into the computer by the grievor. In this way, ~ running inventory is maintained in an efficient and accessible fashion. Although many words were used, the grievor characterized the larger part of his job duties involving the use of computers as being related to analysis of information. He referred to his analysis of data furnished by others, and converted either into computer inputs or 4 outputs. He stated that his involvement in these duties could be attributed to a shortage of staff and an accumulation of work, which would normally be performed in-the design sections but with which he had become involved in an endeavour to cope with the overload. The grievor also referred to his occasional involvement in complex or involved projects which were handled entirely within the Procedure section, where he would be involved in the production of contract documents. By complex or unusual projects, he meant those involving unusual shapes or designs. The grievor was first hired by the Ministry in 1965, with the position title of Junior Draftsman, with the class title of Drafter 1. By June of 1980 he heid the position title of Senior Draftsman 'and had the class title of Drafter 3. On June 6, 1980, after an evaluation, the grievor was given the higher class title of Designer 2, with the new position title of Computer Technologist, effective December i, 1979. He retained t~e same class title and position title to the date of the grievance. The Designer 2 classification (Exhibit 2) classification is as follows: "CLASS DEFINITION: This class covers the positions of ~mplOyees performing responsible architectural preliminary design work or ~tructural, sanitary, mechanical or electrical engineering design work under general supervision. As members of technical-staff assigned to construction and' maintenance projects, these employees are responsible for the production of complete designs in their area of specialization, including drawings, draft specifications and estimates of costs. These employees may supervise designers, draftsmen Or technicians and are expected to develop and maintain effective working relationships with others on the project. Supervision is exercised on these positions by a divisional supervisor or other professional staff who provides professional guidance and co~ordinates various phases of the design activity and checks the completed work for technical competence. CHARACTERISTIC DUTIES: As an architectural designer,prepare preliminary sketches of a complgte project to satisfy the' needs of a departmental client. As a sanitary engineering designer,prePare drawings and draft specifications for the'complete sanitary engineering projects; estimate quantities of materials required and approximate costs; may occasionally supervise the sanitary engineering design aspects of construction and maintenance projects in the field. As a mechanicaI engineering designer, prepare drawings and draft specifications for the complete mechanical engineering project. Estimate quantities of materials'required and approximate costs; may occasionally supervise the mechanical engineering aspects of construction and maintenance projects in the field. As an electrical engineering designer, prepare drawings and draft specifications for the entire new or maintenance projects; ~estimate quantities of materials required and approximate costs; may occasionally supervise the electrical aspects of construction and maintenance projects in the Yield. As a structural engineering designer, personally design structural aspects of complete construction projects and prepare drawings and plans; check and approve shop drawings prepared by others; estimate quantities and costs of materials r~quired; may occasionally supervise structural phases of construction and maintenance projects in the field. QUALIFICATIONS: 1. Grade 12, preferably graduation from a technical school in the appropriate subj'ect speciality or an equivalent combination of education and experience; good knowledge of subject speciality as it relates to the architectural, sanitary, electrical or mechanical design aspects of construction and maintenance. 2. Three years as Designer 1. 6 o~r 2. A minimum of twelve years' progressively responsible drafting and design experience in the speciality indicated. 3. Demonstrated ability to carry difficult construction and maintenance design problems to completion; initiative in organizing Work programs and ability to work co-operatively with technical staff; ability to exercise sound judgment. December 1968" The position specification and class allocation form applicable the grievor at. the time of his attaining the Designer classification (Exhibit 3) is as follows: "2. PURPOSE OF POSITION To provide a complete range of computer system documentation services to all M.T.C. personnel and outside consultants and to perform responsible design and project review work. 3. SUMMARY OF DUTIES AND RESPONSIBILITIES Under the general supervision of the Methods Engineer: (1) Prepares complete design drawings by: 40% - studying and interpreting planning reports, survey plans, engineer's design notes etc., - deciding, designing and improvising details that do not require a professional expertise, but require highly technical sub-professional skills. - investigating structure types and estimates quantities add cost of material required. - determining geometric layouts and alternatives of bridge structures. - executing all necessary calculations and preliminary analysis to determine struCtural size. - specializing in the design drawings of unique structures ie (bridge at Ontario Science ~entre). 7 - interpreting correctly, planning and design requirements for different structure~types, and producing error-free drawings. (2) Co-ordinates, schedules, prepares and processes data for Structure Inventory System and related programs (3 distinct sub-phases - Edit, Update, Reporting Data) by: 50% - correlating and evaluating approved design data for accuracy from structural office, M.T.C. personnel, municipal offices and outside consultants. - instructing and assisting other personnel in the preparation of design data for computer processing. - co-ordinating and preparing regional and office computer related data for processing through the Batch System and also on-line at the Time Sharing option (T.S.O.) terminal. - reviewing and checking output, making corrections and adjustments to ensure final correctness and completeness of Structure Inventory System and related program. - determining when changes and revisions are required to the Structure Inventory Systems. - prepares, designs and draws preliminary and approved structural data sheets for the Computer System Branch. - prepares design data for input to structural computer programs. (3) Performs other related duties such as: - operating main and remote computer terminals. 10% - visiting job site. to evaluate design requirements. - as assigned. 4. SKILLS AND KNOWLEDGE REOUIRED TO PERFORM.THE WORK Considerable progressively responsible exDerience in structural drafting and Bridge design. M.T.C. practices and procedures related to structural office. Knowledge of materials, structural analysis, soils and foundation engineering..and bridge construction. Experience in quantity and D4 estimates. Good oral and written communication skills in dealing with M.T. C. Personnel, colleagues and outside consultants. Good organizational skills and a general knowledge of data processing. 8 6. CLASS ALLOCATION class title - Designer 2 class code - 12242 occupational group no. - TS-03 effective date - December 1, 1979 I have classified this position under authority delegated to me by the deputy minister and in accordance with the civil service commission clas'sification standards for the following reasons: A. .Incumbent performs responsible design and project review work under general supervision. B. Responsible for the production of complete design drawings specializing in the design drawings of unique structures ie. bridge at Ontario Science Centre. C. Prepares designs and draws preliminary and approved structural data sheets for-Computer System branch." The grievor's position specification 'and class allocation dated, March 21, 1989 (Exhibit 4) is as follows: "2. PURPOSES OF POSITION To perform, responsible design, and detailing review work on structures and provide a complete range of computer system documentation, support and services to all Ministry personnel and outside agencies. 3. DUTIES AND RELATED TASKS 1. Prepares complete design documentation for preliminary, new, and rehabilitation projects by: - studying and interpreting planning reports, foundation reports, survey .plans and engineering notes; - investigating, designing and improvising details requiring highly technical sub-professional skills; - investigating various structure types and materials, determining geometric layouts and alternatives taking into account factors such as slopes, topography, design and cost to obtain best appearance while conforming to codes and design specifications 9 - conducting cost and comparison studies and recommending preferred alternatives; - executing all necessary calculations' and preliminary analysis to determine structural size while conforming to Bridge Code and design specifications; - interpreting ~orrectly planning and design requirements· for different structure types and producing error free contract documents; - specializing in the design of complex and unique ·structures. 2. Coordinates, schedules,prepares and processes design data for computer graphics, bridge clearance, structure inventory, bridge design and geometry and related structural programs by: - correlating, ·evaluating, checking 'and preparing input data for accuracy from Structural Office, Ministry personnel, municipalities, consultants and other outside agencies, to ensure end results as required for design specifications and code requirements; - coordinating, preparing, reviewing and checking computer data for processing, making corrections and adjustments to ensure final correctness and completeness of structural programs; - designs,.prepares and draws preliminary and approved structural data sheets, instructions-and manuals for Computer Systems Branch and structural programs (e.g. OMBAS); - using computer graphics for input Of structural design data for production contract drawings and documentation; - coordinating compu'ter security measures ensuring backup file data ·storage in case of system service interruption; - instructing and assisting in the preparation and execution of design data for computer graphics and processing; - acting as custodian of Bridge Clearance (OSCLIS) and Structur~ Inventory (OSIS) program. 3. Performs Other related duties such as: - operating T.S.O. terminals, R.J.E., slave printers and all P.C. equipment; - attending'meetings and discussions regarding problems in 10 design and solutions with other Ministry personnel, Municipalities, Consultants and other outside agencies; 20% - drafting and/or checking drawing, sketches, reports and manuals for structural data as supplied from all sources; - visiting structure sites as directed to assist in the assessment of site conditions and construction problems; - discussing problems, requirements and solutions with municipalities, railway, consultants, etc. - provide technical guidance, training and direction to structural personnel and other sections or agencies as required (e.g. Computer Graphics, Training). 4. SKILLS AND KNOWLEDGE REOUIRED TO PERFORM JOB AT FULL WORKING LEVEL Considerable prggressively responsible experience in structural drafting, bridge design and Ministry of.practice, policy, codes and procedures related to the Structural Office. Knowledge of strength of materials, structural analysis, soils, foundation engineering and bridge construction. Experience in-quantity, special provisions and D4 Estimates. Good oral and written communication skills in dealing with Ministry personnel, colleagues, consultants and outside agencies. Good organizational skills and a general knowledge of data processing, computer graphics and drafting skills." The position taken on behalf of the grievor was that Exhibit 3 was accurate as at its date. He acknowledged that he had a role in the preparation of Exhibit 3, that he did not disagree with it or his classification as a Designer 2 at that time. He also acknowledged that during his progression through the Drafter class series, a fundamental part of the job involved the use of the computer. He did not take issue with the contents of Exhibit 4, including the percentages shown. He testified that his duties "not so much changed, but had grown between 1980 and the date of the grievance" 11 According to the grievor, in 1975 or 1976, the Procedure section of the structural office was for~ed and he was assigned to that section at that time as a Senior Draftsman, with the class title of Drafter 3. He stated that the Procedure section had then run a number of what he'referred to as "small, internal computer programs" and he became involved in the operation of these programs. He was told that duties and responsibilities were to be reviewed with the new class title of Designer 2 being considered for him on a reclassification from Drafter 3. This occurred, ~as above recorded, and ~he grievor did not take issue with the correctness of the reclassification which occurred in 1980. The position taken by the grievor was that the content of his job had not changed since his reclassification in 1980, but that there had been a change in the projects he was assigned to and how he was to carry them out. His major point was that his work using computer programs had evolved. He referred to the growth of an entirely new computer graphics "package", and to his greater involvement in geometry and rebore analysis. The grievor acknowledged that he had been involved in computer applications prior to 1980. He stated that on his reclassification as a Designer 2 in 1980 he became involved in the bridge inventory program. Since then his involvement i~ computer applications has evolved and become greater. He described his role as "troubleshooter," were other employees were experiencing difficulty 12 in inputting data, or where the output information had problems associated with it. In such circumstances, he described his role as assisting employees to analyze the output da~a with a view to helping them come up with a workable solution. He acknowledged that his involvement with computers as part of his work started prior to his reclassification as a Designer 2, when he was classified as a Drafter 1 and held the position title of Draftsman. He then created input data for reinforcing steel and concrete quantities and highway geometry. In 1980, the grievor became involved with the bridge inventory System computer program: "OMBAS, and a program for bridge analysis (bridge clearance and maintenance): OSCLIS". He stated that his work on OSCLIS required him to work in cooperation with the engineering staff. The grievor also referred to his work with a graphics computer package. He described this work as having started within the last one and one-half years and as requiring him to absorb a good deal of information. He described those ihvolved with this program as having to engage in a good deal of self-education and to participate in a three day instruction course. He referred to the "package" as being a "large, comprehensive one which furnished a way to produce drawings". He stated that as he became familiar wi~h the program he provided advice on its operation, to other 13 employees. He acknowledged that as very few.of the office staff are now engaged in this type of work, his involvement in this area of advice and assistance is now minor. The grievor stated that he felt the statement of duties and responsibilities set out in Exhibits 3 and 4 were an accurate general description and that Exhibit 4 reflects a change from Exhibit 3. He described the essence of the change as reflecting a lessening of his involvement in the .design function: paragraph 1 in "3. Duties and related tasks," and the growth of the functions in paragraph 2 in "3. Duties and related tasks," which does not involve actual design work, but does involve the preparation of data for input into a computer program, and the analysis of such data and the analysis of output based on the initial inputs using the programs. He also referred to his greater non-design involvement in the area of computer graphics. .Some of the kinds of non-design work he referred to w~re the bridge inventory project, the gathering of data of plans, the.listing of each component, structural dimensions, type'of construction and maintenance data. Other sections rely on this data in the performance of their work, such as conducting inspections and maintaining bridges. In referring to the b~idge clearance program, the grievor indicated that the data was input by others, however, he was responsible for the ongoing maintenance of the program, including its accuracy and 14 its updating, the production of a manual and-the distribution of data. The OMBAS program is used by him in the production of manuals. He claims to have performed minor programming, however, I am satisfied that he does no significant programming and his real responsibilities in relation to the computer programs are in relation to the analysis of input and output data. An additional example provided by the grievor was'the geometry program, used by engineering designers and draftpersons in the laying out of bridge limits, reinforcing steel and concrete programs. The persons who the grievor interacts with in the conduct of his duties are: ' 1, The Structural office staff 2. Regional staff 3. Consultants 4. Suppliers 5. Employees of other Ministries 6. Staff of governmental organizations 7. Ontario Hydro, and he acts asa liaison person to supply general information, data and problem solving services. An example of such interaction involving input concerned the geometry program, where good results were not obtained by the person running the.program. That person could consult with the grievor (as contact person) to analyze.the problem and attempt to solve it. In the case of output data, the 15 grievor could, for example, be approached by a representative of Ontario Hydro for a list of Ministry owned structures in a particular area. In describing the use of computer graphics as a tool, the grievor acknowledged that the work could be performed.manually but the computer graphics package enabled it to be done'more quickly and' with fewer errors. The computer graphics program has been in the grievor's offic~ for approximately two years. The grievor was frank in acknowledging that the essential change in his duties and responsibilities from the time of his reclassification had less to do with a change in the description of his duties and responsibilities. He said that the duties and responsibilities were not that different. More of the what he had formerly done manually, he now performed using a computer and his design related duties had diminished as his computer related duties, w~ich did not involve him in the actual preparation of design documentation,' had grown. He succinctly phrased it.by saying that while he was still doing the same thing at the time of the grievance as he did in 1980, he was now doing it more with the aid of computer programs. He also acknowledged that while structural computer programs were not new to his work experience, there were now more of them and they changed over time and were being technically upgraded on a r~gular basis, although he acknowledged that 60% of the programs used by him ~had been in existence for at least 15 years. However, these programs had evolved over time as they. were technically updated. The grievor did not say that he uses computers in a different way than he did in 1980. .He did say that he uses them more frequently and that there are more programs. Subject to his greater use of computers in performing his duties, his interaction with employees was not much different than it was in 1980. The grievor also acknowledged that although the instructional component referred to in paragraph 3 (2) of the "Summary of Duties and Responsibilities" of Exhibit 3, was not as well developed as it is now. It was correctly included in Exhibit 3. Elizabeth Brown, a Human Resources Consultant with the Ministry of Transportation gave evidence on behalf of the employer. She was. .requested to review the grievor's duties, and responsibilities in order to sea which classification was most appropriate for him. She testified that the. grievor agreed with the Contents of Exhibit 4 and this is consistent with his evidence. She testified, as did the grievor, that the major difference between the earlier and later position specification was the increased percentage of time devoted tu working with computers in the performance of the job duties. ~17 MS Brown stated that her examination disclose~ that the grievor's duties and responsibilities did not fit within any other class standard as ~.alT as that of Designer 2. Counsel for the grievor agreed that the grievor's duties and responsibilities did not fit into any other class standard but took the position that they no longer fit within the Designer 2 class standard, and that we should, in accordance with the Berry case, remit the matter to the employer with a direction to create an appropriate class standard for the grievor. On the admission of the grievor, no new generic duties were added . to his job between 1980 and the time he filed his grievance. The grievor agreed, and we find that his job duties as they existed in 1980, and as they are described in Exhibit 3, fit comfortably into the Designer 2.class standard. As above noted,the essential case of the grievor was that while his duties did not change, they evolved and grew. While the content remained the same, the projects he worked on changed and his computer related duties increased even though he had started to work with computers as part of his job prior to 1980, and his design work decreased between 1980 and 1989. The grievor's early involvement with computers is evidenced from the position title he has had since 1980: Computer Te6hnologist. 18 It is evident that, since 1980, the grievor has devoted more of his time to the use of computers in the performance of his duties and responsibilities. The grievor's position was that: he now performs design work using computer assisted design programs (CADD). His evidence was that the computer always played some role in' his carrying out design functions, he mereiy uses it more often. The grievor stated that the computer programs used by him had become more sophisticated and are now in a more advanced form. We would.find that while this may be the case, there is no significant difference in the ·skill level called for in the use of the programs by the grievor. He still . carries out a design function, albeit less' frequently, but with a computer program as the design tool. The manual method of performing the design function is now used by him less frequently. With the computer, he does the same thing more quickly and more efficiently. 60 to 70% of the computer programs he uses are not· new, but are developed and refined versions of programs used in the section for at least the last fifteen years. Interactions with persons inside and outside the office are the same as they were in 1980. They merely vary from job to job. The grievor is still involved in training staff, as he was in 1980. The grievor acknowledged his duties fit comfortably into the Designer 2 class standard at the time he was reclassified in 1980. Assuming that this was the case in 1980, his essential duties are still the same, although the waY he performs them has changed because of his greater use of computers and his preparation of design drawings is less than in 1980. Counsel for the employer argued that this is not a sufficient basis fgr concluding that the grievor is now improperly classified. From the evidence, it was established that in 1980 the design component of his job involved 60% of design duties, compared to 40% for computer related duties. At the time of the grievance, the relation was reversed. Counsel for the employer argued that the mix of duties had not changed but that the mix had been shuffled to increase the computer involvement in performing the agreed to duties. Counsel for the employer argued that %he grievor had acquired no new skills in the computer between 1980 and the filing of the grievance. Counsel for the union acknowledged that the grievOr was not a computer expert and that the job duties did not require the skills of an expert in 'computers. The analysis of data would require the same skills and abilities if the data had been produced manually and without the aid of computers. Counsel for the grievor also agreed that the grievor had not acquired fundamental new skills in using the' computer between 1980 and the filing of the grievance. 'I can not agree with counsel for the grievor that new 2'0 job duties were added after 1980. While I .can agree that less design work, in the sense of preparing drawings, is now done, and that the situations were the job duties are carried out changed', the generic duties are the same. Only the mix has changed, as above noted. Counsel for the empioyer relied on Policy Grievance 597/84 (E.B. 'Jolliffe, Q.C.). In that case, the union grieved (at page 3) that there had been a de facto creation of a new classification or that the existing classification was being revised and that the employer had refused to meet within 30 days to.negotiate the Salary range for the new or revised classification. At page 20 of the Policy Grievance, the Board concluded that: "Changes in the assigned duties and responsibilities of the position in question do not constitute revision of any classification or the ~mendment of any standard or the creation of a new classification, but such' changes may give rise to employees grievances under Section 18(2) of the Crown Employees Collective Bargaining Act, which would be arbitrable and would be decided kY reference to existing standards." Earlier in the award (at pages 16 and 17), the Board addressed the subject of permissable changes in the way in which a job is performed: "We have no doubt that changing environmental conditions and needs over the past decade have had an impact on the duties performed by the Ministry's Technicians. Without knowledge of the details, it is safe to assume that there have been changes in organization and assignments within the Ministry. Nevertheless, as we have already pointed out, such changes are permissible as long as they do not make an employee's assigned functions inconsistent with the standard for the position in which he is classified. If inconsistency.arises, the employee h'as recourse under section 18(2) of the Crown Employees Collective Bar~aininq Act and Article 5.1.1 of the collective agreement. One such case was Sisson 57/82." Counsel for the employer also referred to Brick et al 564/80 (Samuels). In that case the grievors alleged that they had been improperly classified as Drafter 2 and claimed that they should be classified as Drafter 3. In that case, the grievors used Computers to perform certain of their duties. The Board stated at page 16': "use of the com~.uter has not changed the nature of the plans produced by the Senior Technicians' plans but it has simplified the job of calculations involved in the preparation of plans." Dealing with another grievor, the Board stated at page 23: "His work involves extensive use of the computer. He is familiar With various pieces of hardware and employs ICES COGO, HORVER, LEPLOT, ,MTC COGO, CONVER (used for conversions from one measurement system to another), and TSO/SPF (which is Time Sharing Option/Structured Programming Facility,~used for editing data and other purposes). The computer has not changed the type of work done, but has made the preparation of plans simpler." At page 52 of the Brick case, the Board stated: "The drafter solves the complications of his job through .the aid of technical expertise. In particular, he~ uses the computer and some of the programs require a high degree of technical knowledge'to use them properly." Counsel for the employer also referred'to Wilson Concrete Products Lt__~d 3 L.A.C. (2.d.) 32, at page 34: "In our view, the introduction of the Drott Travel Lift cannot properly be said to involve the creation of a new job within the meaning of art. 17 of the collective agreement. The determination of' the content of any particular job classification is to be made having regard to the whole of an employee's work in that classification. In some industrial plants where the whole of an employee's time is spent operating' a particular, machine, and where this job is 22 described in terms of that machine, then it might be that the introduction of a new machine is equivalent to the introduction of a new job. Where, however, a job is described in terms of the performance of certain general tasks then a change in the equipment with which those tasks are performed does not necessarily constitute' either a substantial change in the job or the creation of a new job." Counsel for the union relied upon Fenske 494/85 (Verity). In that case, the grievor had filed a..grievance alleging that he had been improperly classified as a Services Officer 1 and sought reclassification as a Services Officer 2. At page 2 of the Fenske case the Board stated: "Following a four day hearing, the Board issued a Decision dated March 39,~ 1987 which found that the Grievor was misclassified as Services officer 1 but was not entitled to the classification sought. The thrust of the. Board's award was that although the Grievor performed most, if not all, of the core duties of the Services Officer 1 classification, newly acquired duties and recognized expertise in the electrical discipline of Fire Alarm Systems placed the Grievor beyond a comfortable fit within the Services Officer 1 Class Standard." Counsel for the union argued that in the case before us a similar situation had developed between 1980 and the filing 0f the grievance. We can not find that Mr. O'Kapiec had acquired~new duties. The generic duties were the same, the projects may have changed (where they were carried.out) and he did more of them with the assistance of computer programs.When pressed, in cross examination, 'the grievor admitted as much. However, he then endeavoured to treat the enhanced role of the computer in carrying out his duties as the equivalent of new duties being added to his job. He always used the comDuter in the performance of his duties, and the way he did so did not change in any significant way. There 23 was no newly acquired 'expertise, as was the .case in Fenske. He evidently used his existing expertise better, but doing a job better is not the same thing as being called upon to perform new duties: as was sta~ed in Fernick 3/86 (Brent) by the Public Service Classification Rating, Committee, at page 26: "As we indicated at the beginning of the decision, the proper classification of a job is a matter which is independent of the quality of the performance of that job. There is no doubt in our minds that the grievor is an invaluable member of the district staff, and that over the years changes in technology have affected the job he does. In our view those changes were adequately recognized in the previous re-classification of his job from OM 15 to OM 16. We can see no justification on the evidence before us for reclassifying the job to the OM 18 level." Much of what we have said above is predicated on a finding that the grievor was properly classified as a Designer 2 in 1980. Counsel for the employer says this must be so for a number of reasons: The grievor's acknowledgment that his classification was proper· in 1980, along with the evidence that the job duties remained the same to the date of'the grievance, with only the mix.changing. That is: less design, more computer application. Our ~inding that the gri~vor now performs the same job duties as he did in 1980 does not mean that those duties now fit comfortably in the class standard if they did not do so in 1980. The argument made by counsel for the employer that the grievor's acknowledgment that he was properly classified in 1980 asa Designer 2 settles the matter, because those duties have not changed, presumes a kind of estoppel which does not exist. The grievor's view of the propriety of his classification is not binding on us. We must review the 24 evidence and decide whether the grievor is properly classified on the evidence. No case was cited which held that a grievor was bound by his classification if it was once accepted by him as being proper, even if it was not. Counsel for the union, although his primary argument was that the grievor's job duties had changed, argued that an examination of many of the duties performed by the grievor disclosed that they do not fit within the Designer 2 class standard. Ex~amining the class standard (Exhibit 2) for Designer 2, which was the only class standard filed with us, and looking at the class definition, the design work performed by the grievor could fall under the words: ". . . employees performing responsible...structural...engine, ering design work under general supervision. On the evidence, this is the only part of the class definition that could apply, except for the' fact that supervision is provided by" other professional staff who provides professional guidance .... " We heard no evidence that the grievor "coordinates various phases, of the [grievor's] design activity" or that he" ... checks the completed work for technical competence.." Under characteristic duties, the grievo~ could only fall under the portion which commences: "As a structural engineering designer..." The problem is: he does not actually design anything. He testified that the actual design is the product of a- qualified licensed 25 Professional Engineer. The grievor renders ~ocuments to realize the design, but he.does not actually design. The term design is used loosely in the Position Specifications (Exhibits 3 and 4), but on the grievor's evidence his technical ~skills do not result in a design but in plans add other documents which carry out the design instructions of the engineer. Where design is used in Exhibits 3 and 4, it is clear that it relates to the creation of drawings or other contract documents. At the risk of belabour~ng the point, the grievor does not "personally design structural aspects, of complete construction projects", this is done b~ a qualified engineer. He does, however, "prepare drawings and plans" and other documents following the design plan developed by an engineer. The grievor has always checked drawings prepared by others but there was no evidence that he was the person with the authority to approve them. There was no evidence to show that he estimated "quantities of material required and approximate costs" or that he "may occasionally supervise structural phases of construction and maintenance projects in the field." It is significant that of~the other kinds of designers ~eferred to in the Designer 2 classification: architectural, sanitary, mechanical .and electrical, the structural engineering designer is the only one whose characteristic duties specifically provide that such a designer actually personally designs. By his own admission the grievor does not do so. He assists the designer in bringing 26 the design to life. Although some aspects o'f the grievor's duties: preparing documents and plans, and checking shop drawings, are within the Designer 2 class standard', the design function is not performed by him. Thus, we have a class definition for Designer 2 which refers to design work, and characteristic duties which refer to a Designer 2 "personally designing". In endeavouring to give a reasonable meaning to the class standard, the words "design work" can be read as going beyond the actual design function as they include design related functions which supports the design .process. This interpretation is consistent with the words used to define the characteristic duties. They include not only the actual design of' ."structural aspects of the complete construction projects" but, as well, activities which support the design process: "prepare drawings and plans: check.., shop drawings prepared by others." The grievor does carry out the latter two duties. The characteristic duties do not restrict the range' 0f duties performed by a Designer 2, provided that they are consistent with the terms of the class definition which contemplates design support duties. The grievor is in the Structural Office of the Ministry. That office ~s concerned with the production and design of highway structures. Within the Structural office, the grievor is in the Procedure Section, and within th~at section he is within the Computer Group. The Procedure Section is devoted to the 27 development of bridge programs which the gr!evor identified as tools used i~ the design stage of bridges. The work performed by the grievor, including his various computer related functions, support the design functions and represent "design work" as distinguished from that part of design work being _the personal design of structures. The tools used by the grievor to perform his "design" and recognized design support functions more and more include the use of computer programs. Counsel for the employer ackhowledged that if the grievor had not used computers in the carrying out of so called design and design support functions for over 15 years, then the grievor would have a stronger case. The evidence discl6sed that the grievor has used computer programs in his work for at least 15 years and that approximately 60% of them are revisions of earlier programs. No claim was made that the use of computers was that different from their earlier use by the grievor so as to cause us. to conclude that there has been a change in duties. In summary: 1. The grievor's duties'and responsibilities were in all ~relevant aspects the same .in 1980, when he was reclassified as a Designer 2, as they were at the date the grievance was filed. 2. The change in mix between manual and computer functions did 28 not amount to a change in duties and responsibilities - only the mix of the work changed. 3. The increased use of computers did not alter the duties of the grievor's job. The computer was a tool always used in carrying out the job duties. These duties were still being carried out, but with greater use of a tool (the computer). 4. The enhanced use of the computer was not so functionally different from its use in 1980 as to 6reate a new responsibility. It was acknowledged that the computer permitted the processing of information in a much quicker and '~ . more efficient manner. It was not shown .~hat the use of the computer changed the nature of the final product produced by' the grievor: drawings or data (input or output) o~ its analysis. The computer was an aid to carrying out the duties which remained unchanged, although they might now be carried o~t in different environments. 5. The duties of the grievor are supportive of the design process, being a function of his office. An analysis of the language used in the Designer ~ class standard satisfies us that it applied to such design support duties and responsibilities which are carried out by the grievor. 6. The grievor's duties ~nd .responsibilities fit within his 29 present classification of Designer 2,. and we were not furnished with evidence to show that there was a better fit elsewhere. Accordingly, and for the above reasons, the grievance is dismissed. DATED at Toron~o, Ontario this 28th day of February, 1990. M. R. Gorsky- Vice-Chairperson ./~4. Lyons - Me~er ~ / M. O'Toole - Me~er