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HomeMy WebLinkAbout1990-0674.Chekevicz.90-12-10 "' .. - I \. t EMPLOYlS OE LA Ci;ONNE ....i-~:' .. , - ONTARIO CROWN EMPLOYEES DEL'ONrARIO 1111 GRIEVANCE COMMISSION DE . SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, SUITE 2100, TORONTO, ONTARIO. M5a lza TELEPHONEITÈLÉPHONE: (416) 326-1388 180, RUE DUNDAS OUEST", BUREAU 2100, TORON"rO IONT"ARIO). M5G 1:Z8 FACSIMILEITÉLÉCOPJE: (416) 326-1396 674/90 ¡ IN THE MATTER OF AN ARBITRATION i Under I THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT I Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Chekevicz) Grievor - and - i The Crown in Right of Ontario (Ministry of Transportation) Employer BEFORE.: M. Gorsky vice-Chairperson .1. C. Laniel Member H. Roberts Member FOR THE V. Reaume GRIEVOR Counsel Caval1uzzo, Hayes & Lennon Barristers & SOlicitors FOR THE .1. Gallagher EMPLOYER Staff Relations Advisor Human Resources Branch Ministry of Transportation HEARING: November 14, 1990 . T .. l AWARD I ; I The Grievor, Robert Chekevicz, filed a grievance on [i September 10, 1989, claiming that he was improperly classified as a Technician 2, Municipal Engineering (Atypical), and claim~d that he should be "reclassified to a more appropriate classification, for example Specification Officer 3 (Atypicë:ll) . II At the opening of the hearing, counsel for the parties filed an agreed statement of facts which is as follows: 1- The Grievor, Robert Chekevicz, is employed as a Construction Programs Analyst by the MOT in its Southwestern Region. The Grievor works out of the regional head office in London. 2. A generally accurate statement of the Grievor's duties and responsibilities is included in the position specification attached hereto as AppendiX A. 3. The Grievor's position is currently classified as Technician 2, Municipal Engineering (atypical). The I class standard for the Technician 2, Municipal Engineering class is attached as Appendix B. 4. The parties agree that the class standard for Technician 2, Municipal Engineering does not adequately capture the duties and responsibilities of the Grievor's position. 5. The parties agree that no other existing classification captures the duties and responsibilities of the Grievor's position. 6. The parties seek the direction of the panel established by the Grievance Settlement Board to hear the above- noted grievance on November 14; 1990. 7. The parties will be bound by the direction of the Board as settlement of the above-noted grievance. , - 1 ~ i , .. 8. If the Grievance Settlement Board issues a Berry Order, the parties agree that any compensation arising from this grievance will be retroactive to January 1, 1989. 9. The parties agree that any compensation arising from a Berrv Order retroactive to January 1, 1989 will be subject to interest. 10. If a Berry Order is issued, the MOT agrees to prepare new class standards for the Grievor's position within 90 days. I , I t The agreed statement of facts was executed by the I Grievor and, as well, by counsel for the Union and for the Employer on November 14, 1990. The appendices referred to in the agreed statement of I I facts are appended to this Award and are lettered in the same way as in the agreed statement. / ; I , ; ~ Counsel for the Employer indicated that the matter was I i . being proceeded with in the manner set out in the agreed i statement because he had no present authorization from the Employer to agree to the granting of a Berry Order, but he was ! j not averse to the Board granting the Order. It is evident from l I the agreed statement of facts that a Berry Order is the I ! i appropriate remedy based on the facts contained therein. ~ We have reviewed the class standard for Technician 2, Municipal Engineering and agree that it does not adequately capture the duties and responsibilities of the Grievor's position as set out in the position specification. ; ~'\ r i We accept the parties agreement that no other existing classification captures the duties and responsibilities of the Grievor's position and, in accordance with the request of the parties, the Employer is directed to reclassify the Grievor within ninety days during which time new class standards for the ¡ Grievor's position will be prepared. I I In accordance with the agreement of the parties, any I compensation arising from the grievance will be retroactive to 1 ; January 1, 1989 and such compensation will be subject to I interest. We retain jurisdiction over the implementation of this Award. Dated at Toronto, this . 10th , day of -December' ":. 1990. 7?¿~\'. - U",...p, Chairperson - .. J. anl~l - Member r") r· --- , k \0-~~'\:\ I' --------, . H. Roberts - Member . . , ® -' ( Position SpeclflCatlt. .it (;1899 AlIocatian-CSC 615 ~ /) (Refer 10 back 01 form for completion ¡ns'NClions) S'-V¡::, qo ~ ql On'eOO 1 For CSC ¡ OUt """¡¥ed I PrOYlou' ,.,101 numM' I 111- ,o'¡ol number U.. only t Pooit;on litlo . /pollllon Codo .. Ip0811ion Idenlllitr 1_ 110..... Conatruction Programa Analyst 06-5220-61 1 ~ .", Work IR.p.T. Po,n, onlvl ]elt.. "'h'I-V;'" -1<...... --. "'_.1 Cod.lol I FUnctionol ""do . - 0 -.0 0 . s._ 0 '0' 0 I L I Poolttan ,Itl. I POIltlon Codo Clo" titlo ond cod. SuPO_t" Conllt. PrOSf. AnlllYllt 06-5220-61 Tech. 2 Mun. Eng. (atypical) 12972 Mlnio"y tranaportation DlvIllon Southweatern Region ~ ll'ORC:h 011d SoCllon [Delltlon IG009' loco Cooo Conatruction 659 Exeter Rd., London, Ontario 41501 r-Io. of pf_ I ProvlQn group i_l"IiIlp to'. -~" SUI*Vloor', lillo I Suo.rvIIO"O pOlltlOn codo . No. 01 J>lllltiono I .' No. Df pllClt 1 Nil wil Head, Construction Admin. 06-5220-60 2. Pur lOM of pOsition lwlly d_ Ihlo _hlon oxl,,'1 . . To provide adminiatrative and technical a.aiatance to the Head, Conatruction Administration Section and Hanager, Conatruction Office, in the development and application of computer programs relative to automation of conatruetion activity and adminlatrative needs; to co-ordinate and administer the Construction Staff Trainlng Program and staff assignmenta within and oùtaide the Region, to provide responsible tecnnical and administrative aasistance in the general Con.truction Aamini,tration proeeas. 3. Dutlh ønd nl.ted 1Mb t.....~ I, omploy.. roqulrod to~, how end why' Indicate llt'CtIn,O( II DI timo OÞenl an ..ell dU'y. 1. In conjunction with Head Office and other regional sections aaaiata with the development of and the auceea.ful application of va~ioua main frsme and micro computer programa required. by the Construction. Office by: ~:}% - enauring the programa being developed fully serve their required purpose - providing asslstance to various report users to ensure correct interpretation of the lnformatlon generated and awareneaa of available information and computer capabilities - providing feedbaek to Head Office Progra~ers on enhancement a and improvement a to developed programa - ree~ending the aelec~ion of appropriate software and hardware for .the programs requlred for constructlon purpoaee . - devefoping custom applica~19n proçedures epecific to Regional requirements for field, Quallty Aaeursnce and admlntatratlon Use . - maintaloing liaieon with other Regione and the Regional Computer Servicea Section, Head Office, in the application of Reglonal developments and sharing of available information and procedurea - p,rovlding training and adviee on the effective use of hardware and program applications - 'uaer" teeting new development a and {lrocedure. to enaure desired 12erformance - docu~enting. lnterpreting and aimplifying operational procedures for the system uaera - keeplng abrea.t of new developmenta and changes - actlng a. a resource p~raon a~d.problem solver for the various computer systems as they apply to the constructlon actlvlty - representa the Construction Office on various comput~r user groups and study committeea 2. Co-ordinates and administer. the Construction Staff Training Program and the effective utilization and assignment of Conatruction staff by: 20% - regular monitoring of the Conatruction Reaourcea Evaluation Progra~ to determine general staff need. and aurpluse. - identifying Claasifled and Unclaasified Staff requirementa by classification, by work ~ location and project duration .' (continued on reveree) 4. Skill, and knowltdg. r.qulrad to perform job It full workinG I...... (lndlcato mondo'Dry ",odonllo" d. Ucon.... if oppUcob101 Many yesra of eonstruction related experience is required in order to ~08aess sound technical and administrative knowledge of Ministry policiea and procedures relatlve to Construction activities. Aòìlity to communicate effectively, both orally and in writing, and ability to learn and adapt readily to new technology and procedures. Familiarity with estimating snd ~øcon 'nued on next page) 5. SIGnatur. Immodl". SUlltrvt,.... - Do to ~¡n¡ltry ° . DolO .~ Montl1 V'" ~~ I ~ MDnlh Voor . - _____.'<=_m_'~ --I .Jf91o ..::.-1 Z 9; ~ V.....a ~ I CJ:;.f' l~ , T 1\5rtlo ?,7'- Ty OW lor 0 ond .It .. ~~pnch '11. X. 'W'aT1er, ~anager, Canst ctlon Ofhce 6. CJ.u allocøtion Clou .illo lCI... codo loecup,ntano, uroup nymbtr I tEn"'tl.. do,o OIY Mo-nd, V.I' TECHNICIAN 2, MUNICIPAL ENG. (ATYPICAL) A 12972 TS-02 01 I 06 I ß9 I hoyo .1..oilltd thlt penhlon In oceo,donco wl,h th. Clyll SON'" Commi..lon Clo..ilie..lon Stond"d,la' Iho fDllowino ""On: A. Position includes making recommendations on contractor claims, training and staffing requirements for construction contracts as well as monitoring expenditurea, analyzing Bnd preparing various construction reports. B. Atypical allocation due to position's skill base being technically oriented and no specific ~~la8s Standards available within the Technical Services Category. C. Conf i rming exis ting Class Allocation. ~".'U'~OI oull1 zed o..I",,'or .. 00'0 '¡"YPl _IYOlor'on_ P j Doy Mon'h Vnr 1 n.fo'~~?21~ ~----- 18 I ð8 I 89 R. Kennedy _ < . , ··"·:)i· i Instructions for completing form CSC-61S0 Uselllls Iorm IS indl~ed belOVl' for ell pollllona except lho.. coveTed by the Executive Compensation Plan. Menagemenl Compenulion Plen or Onlce "drnlnltlratlon GTOIlp. 4 CI...lfIed Full and Part-time posItions: Form 10 be completed In lis .nt~ely ~xcep1 fOT ,he FuncUonal Code box In Section 1. ~ Unclassified Seuonal Posltlons (Group 3): Comptete Sectlona 1 a~d 6 except ror ll1e Functional Code box In See!1on I. end lhs avalua- lion ratlOna In SecUon e. All other posUlons: Camplellon olthla form In lull or as HI oul ,bel.. lOT Unclusllled Soraaonal PosltlOna, Is O lIlOnel. Instructtons lor coding PosItion IdenUfler Instructions for coding Seuonal Wort( Period ....-,_.. Cod. Code 1 (as appllcabls. 2 3 <4 Clauified Posltlons SS_M WInter Spring Summ.r Fill Fur~lIm. 1 ana their Oøc. Mar. June Sep. Pe",·tlm. 2 conll9cullve Jail. Apr. Jul. Oct. Undesalfled Poslllont order. Feb. May Aug. Nov. Group 3 al Seasonal woril Wlod e consecutive ~ Wtlek8 or mOfll but lea than <4 mOnlh. 3 Build cod, as follows: b) Se_1 ....ork þerlod 4 conllculw. . Sing Is UlIlIOn, I.e., Spring Ex.m,"" mOl\ttll or more but lea lhan '2 months 4 Group 2 5 1 . Indicate I8l1On. 1__0 -_or. ~ 1 2. In"rt applic. cod. G_p 1 .. 'e In left hend box. Sø<1/'4[jJ... 0 211 j 0111... Crow1I 7 . Mulllp.. a.ason!. I.... Summ.r, Fall. Winter , Instructions lor coding Sch. Hrs. Wort( 1. Indicate seasona. .---., 2. In!llrt code of sl.'" . Comple18 thl. box lor R.P.T. Positions ooly. seaaon In left IIand box. I ~N_~ ~-~r ~ I . Include portIOns ot houn to 2 decimal placas. , .... 3. Follow wkh codes of Soc1"11o f.. IJ) 31-1'1 NOTE: The lIVerage 01 ItlIIClual hour. wor1<8d ~est ~r1lme) ~r ~ subsequ.,,1 consecuUve cOMlCutive ...."kll by R.P.T. employees assigned to e poalllon seasons. mutt colncld. wllh the Schedule<l HouTll 01 Wori< Identified lor thaI positIOn. Arry chanl lllo lhe Scheduled Hou", 01 Work will I requlr. lhe estlllllshment ane! documllntaUon 01 a uparat. NOTE: M~ltlple I18l1SOnS must be consecutive 10 Quallly as on. position. posllion. I Duties and Related Tasks (Cont'd) - ide~tifyi~g eurpluses for reaesignment by classification and date of avallabillty , - determininf staff needs in other·aress.by conaulting with the Regional Resource. i and Schedu ing Section and/or other Regional sections, if neceseary I - in conjunction with other Regional Sections, arranging for'the reassignment of. surplus Construction staff to those sections in need - maintaining an accurate record of staff aesignments and location whether on loan or working within the construction program - aseeeeing the training re7uiremente of Construction etaff in order to attain a , fully trained and vereati e staff in accordance with eetabliahed ?olicy - ~rovides aesistance and recommendations to the Regional Construction Staff raining Committee in .etting priorities for attendance at courees and eeĊ“inara - maintaine Iiaieon with Staff Development and Training Section in eetting course requiremente and bud~et eetimates - advieee candidatee 0 course attendance snd maintains a record of training achievements . - ~reparee annual progrese reports to the Head Office Training and Claseification ub Committee - aesisting in th~ development of appropriate lecturee/queetione for training courees and seminare . - seleeting snd arranging suitable course locations and accommodations for candidates if re9uired - acting as co-ordinator for all Regional Con't~uction Training activity - preparing micro comhuter training materiale and participating in the preeentation of sue at traininancourses and seminars - administering the Conetruction -The-Job Training Program 3. In order to maintain uniformity and consistency in unit price negotiations, force account applications and cLaims negotiation" p~ovides technical and administrative guidance by: 15% - reviewing field eubmisaions of unit price negotiations to eneure completeneee and clarify of intent of the information provided, reference to sp~llcable epecificatlon appropriate item description and meaeurement unit an the inclusion of neceeaary additional details in order for the contractor to apply a realietic unit price - comparing submitted unit pricee to similar work in other areae reviewing with Estimating Office, if necesaa~y. 4iecussing with Area construciion Engineer and recommending acce~tance or rejection, when requeated - reviewinf propose force sccount work orders to eneure intended wo~k in not negotiab e bk unit or lumr sum grice and that appro~riate description of the " intended wor and materia e to e eup~lied ie provi ed - dietributing and micro computer recor in~ Intente to Claim, Claim Submiesione and documented efforts to negotiate a satisfactory eettlement (continued on ne~t page) . ; ~ ,- . (. i PEtl.89/249.4 Page 2 of 2 i Dutiee and Related Tasks (Cont'd) 4. Administere the various c~puter generated information and data by: 10% - &nIlII~ing the Construction Resourcea Evaluation Program Resorta to determine ataf ing requirements and engineering coats for current an future years - c~arinf t~e'e reports to actual field conditiona to dete~ine any differencea : - con inua ly updat~ng the computer file to en.ure the output reports provide \..- accurate infotllUluon - regular enaly.ie of the various Performance Budget~ng Reporå' to determine inconaiatenclea in reporting method. and to determlne expen lture patterns - ensuring relular di.tribution of the various reports and maintaininl an orderly filinl system for same S. Performance II variety of related assignment. a. necessary and required in the 20% leneral administrative proceas of the Construction Office. Skill. a~d ~nowledRe Required to Perform the Work (Cont'd) ~ biddinl procedure.. comtrehensive knowledge of computer technology in general, performance capability 0 available hardware, operating procedure., associated software packages Bnd their appropriate appllc.tion to Regional Construction need.. :.~ ."'-, .:.~~);;. ':,:; - ~ I I I I .&. I ~ ~ , '" .,' .' ':', . C . J , ..' '. , ~ I --- ; .. .; 1 12972 } TECHNICIAN 2, MUNICIPAL ENGINEERING C LASS DEFINITION: This class covers positions of employees who are assigned the responsibility to provide an engineering liaison servìc e to Municipal Authorities. They work under the direction of a senior municipal engineer a·nd provide municipal authorities with technical guidance in the preparation of construction proposals supervision of construction projects and administration of Department of Highways construction standards and ensure that all the financial regulations associated to the Highways Improvement Act are adhered to. They advise consultants and construction contractors on construction designs, specifications and quality standards : and make recommendations. on contract bids. tenders and claims as í required. They visit construction sites periodically to ensure that construction quality standards are maintained and expenditures are in accordance with regulations by making examinations and pe~forming tests personally or supervising permanent field subordinates. They also will be required to adjudicate on contentious issues involving contractors. consultants, municipal personnel and subordinate staff. as required. The preparation of correspondence. construction progress reports and financial statéments is their responsibility and when necessary they assume the responsibilities of the senior municipal engineer during his absence. SKILLS AND KNOWLEDGE REQUIRED: - Sound knowledge of construction technique;s. design criteria and quality standards. Ability to provide engineering representation to Municipal Authorities. QUALIFICATIONS: l. Grade 12 education or equivalent combination of education and experience 2. At least seven year s' experience in construction practices and governmental quality standards and regulations. Preferably one year1s experience as a Technician 2. Construction. 3. Ability to communicate effecti ve1y, good judgment, tact and diplomacy. Revised June 1966 , . i . ! 'XX' .... ~I"'-"'" __ÀOUP; KS-02El Trade, f:U'lCI C:,a:;1 I . . c...uS STAN'DAJU): $EJUts J Maintenance Kechan1c MAlNTENANCE: MECHANIC 2 ~LASS CODE: 93004 \ - .~..';\~ . , This class coyen positions ",here the employees ¡art en'ila'iled in ~~ ~' - s~-Ikilleð work in tasks u.ually associ&~ed with one or mere of the skUled trades, or in semi· ,killed han4~ dut.ies, in the maintenance of '.", ð Gove:~~~t buil~n9, insti~ution, field station or o~her establis~ent and ita associated equipment and services, or in the field. tmployees in positions in this class are sufficiently skilled to perform a ,variety of - t.a.Sks under general supervision, where t.~e quality of the cOlllpleted work does not warrant the services of a ~alif ied skilled uadeSZl\an. These employees use power And hand tools as requireð and their work is reviewed for AD evaluation of the skill .ttained and quality of the completed work. I Assi9nments become more difficult and the de~ree of supervision lessens i as the employee acquires increasing skill. These employees IllUst be , I engaged in maintenance work for at lea.st 60\ of their work tÎJl:le. , , ! These eJIlÇloyees may assis~ skilled tradesmen in t~e p~rformance of ,~_..,_';.',' _.' :' '¡'~i' :::eir work by s\lbstinltinq for them in completing the rou.tine tasks 't-.,.~,. . associated with the trade or they lllay assist maintenance ::lechanic:,s ðJ"'.J '- ~ ';.io" skilleã traêesmen in a variety of mechanical maintenance tasks. Unèer general supervision, these employees per!o:m ~ch tasks as: \ repair walls, windows. frames. repair electrical applican:::es and equi?ment; lay floors; erect partitions, fences, etc.; fabricat.e relatively uncOUlplicat.ed sheet Dletal parts; make minor repairs to vehicles; repair heating and IoI.Bte: ;;';.' press~e equipment; repair saraçe doors; repair bridges, culver~s¡ assist with the repair of electronic equipment¡ operate se....age a."è wat.er supply ¡::'an: :cr it. small institution. (less than 500 patients, resièents or i:'ÎJr.ates); repai< ð¡l~ re-finish boats, eanoes, «e. , build back. fOtB,P Ot, sake . t..:-.Jcks; repack valves; install water or steam radiators;" . ~ea~s in s~eðJl'l or water lines; replace boiler t:.1bes; repair st.oke;.i ~c!, :~eaè a:ë '''s·a.1' conè.u';~· re-'ace 'W.;.....1'1; SX etc . reca'~ ar4~t·~jl 5","~"~es ... ....' Iloo.. _..,:... _--,' J ., _ -.... '-'.~.~t.~..t.' ~..- ~.._..., J·.¡."ct~on bcxes. etc.; lay carpet.s; .lr.st.all erõpery t.=aci:¡ ~P.~:~? furr.~~~:e .' a.~ re·cie springs;makeanå repaix blackboarès; repai~'~~eel chairs, Þeès, ~~:chen. ~layground anð gymnasium equipment; 'Weld anC}sol¿er ~:ac~able zr.a1;erials; pre¡.are surfaces and apply paint; service internal combust.ion e:)gines anå ca:r=y out. running repairs; shape metal ~arts ~o acceptable tolerances; apply plas~er; service air-conditioning or refric;eration equipmen't: a.::lC ~hey perform such other tasks as are required witiÜn t.he limits of, 'their s itills and cO%ll?e<;ency. They may~be required to train and supervise less . skilled ~~ployees and such patient, resident, trainee or ir.mate helpers as I a:e assigned to t;~em. . Ç:t::AL!nc;,.nONS: f -. rlementar¡ school eåucation, preferably with some t:aininç in t;he use 0: common ha..''ld t.ools and po....er equipment.. . ~~ least; t'WO years' experience as a ~aintenance Mechanic, Hel?er or - . a combination of fo~l training and experience acceptable to the Civil Service Commission as the equivalent. ~ J. Ability to ~~èer5t4nd s~ple plans. dia9l~7~' and blue¥rint¡ ar,è to ca::y cut; writtên or oral instr~ctions; mechanical a?tit~èe; êe~ns~:~ted ability to rer!o~ a varie~1 of semi-s~il:eè ~~ch~~~c~~ ~asKs; çooè ¡hysical ccn¿itic~. - 7:'~:~ ::-:ð.::;e - :&!:~~cy 19:1 . ~ I ! . . . , " , , ,- 1\ .l\~P£NJ),")t.. ~ CATIGORY I Correctional Service. GROUP 1 00-01 Correctional S.rv1o· . SZJUBS 1 Indu.tr1al Officer CLASS CODEt 5055~ -, j, . . .¡"DUSTRI A.L O.'FlCER 2 : ÇLASS DEFINlrION: ~ "i Employee. in positions _llocated to this class are engaged in the JUpertision of work and instruction of inmates in various industries at reformatories and industrial fa~. In scne pod t1 ans, they are in. ¡ charge of a small industrial operation such as tbe Shoe Shop at Mimico I I or the Braille Print Shop at Killbrook. In these positions they are responsible for estimating and procurement of materials. In other positions, they assist in the management of a production operation not I requiring skills of any of the designated trades such as the Woollen Mill at Guelph or the Marker Plant at Millbrook. In many of these positions, they require specialized processing knowledges and skills and are responsible to the manager for particular controls or skilled operations. They train inmates in the required processes to which they are assigned, allocate duties and check quality and quantity of production. They are responsible for the servicin~, proper use and adherence to sare~ i pr~cautions in the operation of the equipment. They ha Ye 're sp onsi bi li ty , for production schedules, vork standards, shop maintenance and 'security r arrangements in their area. They may perform the more complex york as I I required or any of 'the york in order to demonstrate procedure or to ~ expedite production as needed. QUAlIFICATIONS: Grade 8 education, preferably Grade 10i varied practical knovledge of ¡, 1. skills related to the york to be performed. .. Two years of satisfactory experience a~ an Industrial O~ficer 1 in the 2. ( appropriate type of york or its equivalent. I 3. Ability to deal effectively with inmates; ability to assess standards ~ of inmates' industry and conduct; ability to estimate requirements, to es~ablish production methods and to control production and quality as required. 1 Au(Ust. 1963 r .1