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HomeMy WebLinkAbout1989-1838.Johnston.91-08-19 ONTARIO EMPLOYES DE LA ¢OU~ONNE CROWN' EMPLOYEES DE L'ONTAR$O GRIEVANCE CQMMISSlON DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNOA$ STREET WEST, SUITE 2100, TO~'ONTO, ONTARIO. MSG ~Z8 TELEPHONE/Tr/:'L~PHONE: .f475) 325~ ;388 1~0, RUE OUNDAS OUEST, 8UREAU 2]O0, TORONTO (,ONTAR~O)~ MSG IZB FAC$IMILE/TC/'L~COPIE .' [4;'6) 326-1396 1838/89 IN THE MATTER OF ~-N~%EBITRATION Un,er THE CROWN EHPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEV]%NCE SETTLEMENT BOARD. BETWEEN OPSEU (Johnston) ~rievor The Crown in Right of Ontario (Ministry of Transportation) Employer BEFORE: R. Verity Vice-Chairperson M. Vorster Member F. Collict Member FOR THE R. Stephenson GRIEVOR Counsel Gowling, Strathy & Henderson Barristers & Solicitors ~OR THE A. Rae EMPLOYER Counsel Winkler, Filion & Wakely Barristers & Solicitors HE~RING June 10, 1991 2 DECISION The griever, Bradey Johnston, is employed in the position of electrician at the Owen Sound Yard (District 5) of the Ministry of Transportation. Until July, 1989 while he was completing the requirements of the ApDrenticeshiD and Tradesmen's Qualification Act, he was classified as "Apprenticeship Tradesman". In July, 1989 following attainment of journeyman electrician status (upon receipt of both the Certificate of Apprenticeship and the Certificate of Qualification under the ADDrenticeshi~ and Tradesmen's Qualification Act) he was reclassified as "Maintenance Electrician" Some five months later on December 22, 1989 Mr. Johnston filed a grievance alleging that he was improperly classified and requested reclassification as Maintenance Electrician Foreman. The issue is whether or not the griever is currently misclassified. At the hearing, the Union changed the settlement contained in the grievance to a Berry type order with retroactivity to 20 working days prior to the filing of the grievance together with interest once a rate of pay had been negotiated. There is no dispute that the griever performs the job of an electrician. The griever is one of two electricians at the Owen Sound District Yard supervised by Glen Bellar, the electrical supervisor. In addition, the crew consists of an electrical 3 apprentice and occasionally a summer student or a member of the unclassified staff, who work as labourers. District 5 encompasses the Counties of Grey, Simcoe and Bruce. The parties agree that the relevant Position Specification Form accurately reflects the grievor's current duties. That form reads in relevant parts as follows: 2. Purpose of position To install, maintain, test, and repair electrical services and devices connected with traffic signals, highway illumination and other electrical and electronic equipment and systems within the District; 3. Duties .and related tasks Under general supervision of the Electrical Supervisor installs, inspects, makes routine repairs and maintenance to all District traffic signals, warning flashers, highway illumination and other electrical and electronic equipment and systems by performing such tasks as: - installing overhead and underground lighting systems, traffic signals, flashers, etc., on various highways, intersections, etc- - erecting poles, placing conduit, stringing or laying cable, installing traffic heads, controllers, timers, relays, photo cells, etc., as required. - making visual inspection of existing electrical installations for damage or required repairs. - ~ cleaning, relamping, and adjusting luminaires mounted on poles for highway illumination. - cleaning, adjusting and relamping flashing lamps mounted on stop signs, or suspended overhead at intersections. 4 90% - programming, adjusting, cleaning and relamping traffic signal systems. - providing emergency repairs to electrical installations and devices brought about by vehicle accidents, and power failures. - inspecting electrical installations performed by contractors. - monitors reading for cathodic protection on bridges and underground fuel tanks. - installs and maintains electrical services and devices in all M.T.O. patrol buildings, patrol yards, two-way radio tower sites, mobile field office trailers and temporary construction field offices by performing such tasks as: - installing new services in M.T.O. buildings, floodlights in patrol yards, etc. - renovating and repairing existing services in M.T.O. buildings, mobile office trailers, temporary construction field offices, etc., to conform with Ontario Hydro standards. - making minor and emergency repairs to electrical components of oil and gas fired furnaces, and water pressure systems. - performs other related duties such as: - maintaining site plans and maintenance service records for all electrical installations. 10% - periodic updating as required in safety and technically related subjects by attending instructional courses or seminars. - provides on-the-job t~aining to junior crewman and ensures all duties are carried out safely according to M.T.O. standards. - works in c~njunction with other utility contractors. - be reasonably available to perform stand-by and emergency call-out operations when necessary. - operate line truck, bucket truck used to construct, maintain and test electrical systems within the Ministry. - moves hazardous goods from various locations using procedures conforming to Ministry of Environment policies. 4. Skills and knowledge required to perform job at full working level. Successful completion of the recognized apprenticeship in 5 the trade of Construction and Maintenance Electrician; possession of a valid Class "D" Ontario Driver's Licence; successful completion of the appropriate Ministry Safety & Equipment operating tests; acceptable driving record; demonstrated understanding of the terminology, Principles and theory of the electrical trade; ability to interpret blueprints, plans, schematic diagrams; good interpersonal and communication skills; leadership qualities; good physical condition. The grievor testified generally as to the nature of his duties. Although he agreed that the Position Specification Form was accurate, he disagreed with the percentages attributed to various duties and maintained that "other related 'duties" constituted approximately 50% of the job. We do not intend to repeat the grievor's evidence except in certain material respects. The grievor testified that 1 - 2% of the job involved inspection of work performed by outside contractors and in addition that although estimating work for a project was normally performed by supervisor Bellar, he spent ~1 - 2% of his time doing that assignment. Further, the grievor testified that he normally drove a three ton bucket truck and candidly acknowledged that there was no designated driver for that truck. The evidence established that the bucket truck is used on most days to drive to and from a work site and that occasionally he would drive two hours (one way) fro~ Owen Sound. The grievor typically works with high pressure sodium lighting and is required to perform new lighting installations although the 6 bulk of highway lighting assignment involves repair and replacement. A major aspect of the job is traffic signal installation which requires familiarity with the latest state of the art including micro-processors and loop detectors. In addition the grievor is responsible for monitoring the reading of cathodic protection for two bridges in the district. Cathodic protection involves wires embedded in the concrete deck of a bridge to help eliminate corrosion of the reinforcing bar. According to the grievor, this is "a fairly new concept" and periodic readings are taken by him to determine if there is a problem which is then referred to the Ministry's structural office. The current class standard of Maintenance Electrician reads: MAINTENANCE ELECTRICIAN CLASS DEFINITION: 1. This class covers positions involving skilled manual work at the journeyman tradesman level, in the installation, maintenance, repair and general up-keep of electrical equipment, wiring and fixtures in or about a Government building, institution or other establishment, or in the field. According to verbal or written instructions, the employees in these positions are given assignments by a Foreman, Maintenance Foreman, Buildings Superintendent or Maintenance Superintendent or other official responsible for maintenance or other services. They sketch or follow schematic diagrams as necessary and carry the work to completion according to regulations and accepted practices and following recognized procedures and techniques of the electrical trade. These employees may determine work methods and the work is reviewed for adherence to plans and instructions, satisfactory production and quality of workmanship. Duties may also entail the supervision and instruction of apprentices, unskilled or semi-skilled workers and patient, resident, trainee or inmate helpers. These employees may also be 7 required to perform related or other tasks but at least 60% of their work time must involve use of the skills and knowledge of the electrician's trade. Employees in these positions wire, inspect, adjust and repair the electrical components of electrically powered or controlled equipment such as: elevators, laundry equipment, cooking and baking equipment, paint baking ovens, kilns, hydraulic presses, tradesmens' and machine tools, tailoring and sewing equipment, pumps, milking machines, emergency diesel alternators, electrically operated doors and locks. They install, check and repair items such as: internal telephone and communications systems; radio, T.V. and electronic equipment; lighting circuits; fire or other alarm systems. These employees instalI, repair or replace items such as (high or low voltage): electric wires and cables; transformers; generators or alternators; switches, circuit breakers, relays; panel boards; meters; traffic or flasher lights. They may provide electrical service to construction sites, mobile trailers and the like, and they assist and co-operate with other tradesmen and non-trades staff. OR II. This class also covers positions where: (i) there is only one position having only one incumbent, in the electrical trade at the establishment concerned; (ii) supervision over the position is no__t exercised by a position 'classified as Maintenance Electrician Foreman, and (iii) the sole incumbent in addition to performing the duties of a Maintenance Electrician (1), must estimate the quantities of material and labour required; plan and lay out the work; maintain an adequate stock of supplies on site; requisition replacements; keep account of materials used and repairs, fabrications, construction, inspections etc. effected, for all work in the Electrical trade carried out at the establishment concerned. OR, positions at establishment where: (i) there are only two positions in the electrical trade at the establishment concerned; (ii) supervision is exercised over neither position by a position classified as Maintenance Electrician Foreman, and (iii) the on~ incumbent of one of the positions acts as lead hand and is required in addition to performing the duties of a Maintenance Electrician (I), to estimate the quantities of material and labour required; plan and lay out the work; maintain an adequate stock of supplies on site; requisition replacements; keep account of materials used and repairs, fabrications, installations, inspections, etc. effected for all work in the Electrical trade carried out at the establishment concerned. Employees in positions in this class must devote at least 60% of their work time to duties involving the skills of the trade as in Maintenance Electrician (I). OUALIFICATIONS: 1. Preferably technical school education; comple%ion of the recognized apprenticeship in the electrical trade and certification by the Department of Labour; *or an acceptable equivalent combination of training and experience; a good working knowledge of the tools, equipment, methods and practices of the electrical trade; a working knowledge of the laws, by-laws and regulations governing electrical installations. 2. ADility to work from plans and schematic diagrams; instructional ability; good physical condition. *Where the equivalent applies, the applicant will be required to successfully complete a Civil Service Trades test. Revisgd, january i967 The Union acknowledges that the current class standard applies to electricians' work. The challenge to the class standard was to the effect that it was obsolete, having been last revised in January 1967, and did not contemplate the type of work performed by the grievor. Mr. Stephenson maintained that three areas of wore were not encompassed by the class standard - inspection of work performed by outside contractors, estimating of work, and the the Union submitted three authorities: OPSEU (Beach) and Ministry of the Environment, 816/86 (Fisher); OPSEU (Cardno et al~ and Ministry of the Environment, 530~88, 2761/86, 2762/86, 2763/86, 2764/86 ('Stewart); and OPSEU (Swibb et al) and Ministry of Transportation, 1107/87, 2036/87, 186/88 (Watters). The Employer contended that the grievor was properly classified and that no work was performed beyond %hat contemplated and contended that each case was distinguishable on its own particular facts. The Employer cited the following authorities: OPSEU {Aird et al) and Ministry of Consumer and Commercial 10 Relations, 1349/87 (Slone); OPSEU ~Roy3 and Ministry of Natural Resources, 946/89 (Knopf); OPSEU (Braund et al) and Ministry of Correctional Services, 39/89 (Slone); and OPSEU (Steven Stocks and Joe Hendrix) and Ministry of Transportation and Communications, 1320/84, 1325/84 (Verity). in classification matters, the onus is on the grievor to establish that he is improperly classified. On the evidence, we find that the onus has not been met in this case. Rather, we are satisfied that the class standard, which is admittedly somewhat dated, adequately encompasses the core functions of the grievor's duties and responsibilities. The Swibb decision does not materially assist the Union and can be easily distinguished on the facts. The state of the art of electricians' work has changed with more complex technology, as for example, the "micro-processor" and the "loop detector" and "cathodic protection" However, the job the grievor is required to perform has not changed either quantitatively or qualitatively during the brief five month period that he has held the current classification. The grievor's involvement with inspection work performed by private contractors and general estimating work are relatively minor functions which when taken together constitute some 2 - 4% of the job. The significance of the bucket truck, we think, is that it is a tool used by the grievor to enable him to perform the job. We would agree with the Employer's submission that the class standard does not purport to list the tool.~ of the trade. On all the evidence, we must conclude that the grievor's current duties and responsibilities fit comfortably within the Maintenance Electrician class standard. In the result, this grievance must be dismissed. DATED at Brantford, Ontario, this [gt~ day of August,1991. .. ~,:..:~ .~~:L~ ................... M, VORSTER - MEMBER