HomeMy WebLinkAbout1990-1655.Campsall.91-08-02 ONTARIO EMPL 0 YES DE LA c oURONNE '
CROWN EMPLOYEES DE L 'ONTARIO
GRIEVANCE C,OMMISSION DE
S~I'TLEMENT REGLEMENT
BOARD' DES GRIEFS
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1655/90
ZN ~' ~TTER OF' ~ ~ZT~TZON
~ ~ Under
~ ~R~CE SETT~~ BO~
BETWEEN
OPSEU (Campsall)
Grievor
The Crown in Right of Ontario
(Ministry-' of Transportation)
Employer
BEFORE: R. Verity Vice-Chairperson
J. C. Laniel Member
C. Linton Member
FORT HE N. Coleman -
GRIEVOR Counsel
Gowling, Strathy & Henderson
Barristers & Solicitors
FOR T~E C. Peterson
EMPLOYER Counsel
Winkler, Filion & Wakely.
Barristers a Solicitors
HE~RI~ February 21, 1991
June 6, 1991
2
DECISION
Robert Campsall, a Ministry emplOyee since February 1963, is
currently employed as Senior Designer, in the Planning and Design
Branch of the Ministry's Northern Region at North Bay. In a
grievance dated July 5, 1990, Mr. Campsall alleges improper
classification as Technician 2, Municipal Engineering (atypical).
.The settlement request is that he "be ~.roperly classified with
retroactive salary and benefits"..
At the hearing, he sought reclassification.as Technician 4,
Road Design. In the alternative, a Berry type of award is sought.
The interesting feature of this case is that the grievor had been
previously classified as Technician 3, Road Design and grieved that
classification in April 1986, along with some five other employees
(GSB #268/86). Those grievances were subsequently withdrawn under
the terms of a memorandum of settlement dated October 8, 1987
whereby the grievors, including Mr. Campsall, were reclassified to
the higher classification of TeChnician 2, Municipal Engineering
(atypical) retroactive to March 25, 1986.
In the instant-matter, the Ministry's written classification
statement (Exhibit 6) contains the following statement:
...the class standards for both the Technician 3, Road
Design and Technician 2, Municipal Engineering must be
used when reviewing the senior designer position.
3
However, in final argument Counsel .for the Employer
acknowledged that Mr. Campsall is currently misclassified as
~echnician 2, Municipal Engineering (atypical). The Employer now
contends that the grievor should be reclassified in the lower
classification of Technician3, Road Design - the classification to
which he had been previously assigned prior to the 1987 memorandum
of settlement.
The parties agreed that the job the grievor performed in 1987
was entirely different from the job he performed at the time the.
instant grievance was filed. The panel was given no evidence as to
the grievor's job prior to the 1987 settlement, except 'we were
advised that Mr. Campsall had worked in the planning section of.the
Planning and Design Branch at North Bay.
There is no dispute that the job specification form dated
September 21, 1990 is substantially accurate in describing the
grievor's current, duties. The form reads, in material parts, as
follows:
Purpose of position "
To produce, and assist in the production of project
appraisals, route selection studies, preliminary designs,
detailed designs and final contract packages for
transportation system projects within scheduled programs.
To provide technical advice and general guidance to
members of the design units, Construction staff carrying
out designs, and to liaise with Consultants on technical
matters-during the design of projects. To provide on-
the-job training to junior members of the group.
4
Duties and related tasks
Under the general supervision of the Senior Project
Manager, Project Manager, or ArealManager, performs the
following duties:
Section 1 ~
Produces. and co-ordinates the production of preliminary
designs, detailed designs, contract drawings and
estimates, and tender documents, and. assists in route
selection studies for transportation system projects by
performing such tasks such as:
- assembling and' analysing all available base
material relative to 'the project, such as
mosaics, plans, area planning studies, traffic
data, property plans, municipal reports,
correspondence, etc.;
- investigating design alternatives, defining
associated constraints and preparing
comparative ~ost estimates;
- assisting in the analysis of data to determine
the geometric design standards to be used and
assisting in the development of design
criteria;
- interpreting traffic data and. calculating
traffic capacity, assured passing opportunity,
and levels of service;
- appraising such factors as horizontal and
vertical alignment, cross-sectic, ns, structure
requirements, intersection and. ~nterchange
layout, property requirements, access,
proposed road closings, etc.;
- preparing display material for Municipal Board
Hearings, Hearings of Necessity, and
Environmental Hearings for presentation to
other Ministries, Authorities, property
owners, and the general public ensuring the
inclusion of such features as historic sites,
environmental features, alternate routes,
property boundaries, traffic desires and
projections, etc.;
- preparing Railway Board estimates and plans
and National Energy Board plans;
- preparing requests for title searches,
property, traffic data,, soils investigation,
photogrammetric coverage, and survey
information;
· - assisting in the preparation of Route
Selection Reports, Project Appraisal and
Preliminary Design Reports, Environmental
Assessment Reports and Design Synopsis
Reports;
- assembling and analysing all available data
applicable to the detailed design Of aProject
to determine the scope of the Work and
establishing the production sequence and plan.
format, etc.;
- using appropriate computer programs for all
phases 9f. the various projects such as:
Systems '050, 053 SDEKPLOT, SDAVUPDT, and HOPS
for cross-sections, grading, granular
quantities, etc., and COGO, SDEKGRAD,
SDLAYOUT, for calculations of horizontal and
vertical alignments and detailed calculations
of intersections and interchanges, and various
miscellaneous programs for drainage design and
construction reports;
- preparing necessary input data for the
computer programs and interpreting the
computer output with regards to accuracy and
necessary revisions;
- establishing detailed horizontal alignment and
carrying out the geometric calculation for.
channelized intersections and interchanges.
Producing detailed pavement layouts and
pavement elevations for contract purposes;
- establishing detailed vertical alignment by
ensuring passing and stopping sight distances,
optimum balance of cut and fill material,
compatibility with existing conditions, and by
splininggrades wherever necessary to effect a
proper design solution;
- carrying out detailed drainage studies by:
calculating run-off, designing 'side and off-
take ditches, including stream diversions,.
designing culverts, storm sewers and sub-
drains to ensure proper surface and sub-
surface drainage and designing erosion
prevention features;
- identifying utility conflict areas in order to
assist in determining the need for the
relocation of utilities;
- preparing special access designs, and
construction staging designs for maintenance
of traffic and public safety;
- identifying property requirements, preparing
property requests, and providing basic
information to property agents required for
their negotiations with owners and supplying
the information to other related sections
within the Ministry, other Ministries, and
Consultants;
- calculating, summarizing, and finalizing all
quantity estimates of tender items and sundry
construction and preparing ti~e necessary
contract documents;
- preparing special provisions required to
define unusual work or payment not covered by
Ministry specifications or standards;
- attending Regional Contract Review meetings,
other review meetings as required and the
Design Package Turnover meeting with
Construction in order to provide technical
assistance;
- visiting field sites Or accompanying
supervisor on field inspections to obtain a
first-hand knowledge of local conditions as
they relate to the planning and design
requirements;
- assisting at public meetings during the
various phases of the planning and design of
the projects;
Section 2
Provides technical advice and general guidance' and
assistance to members of the group by performing such
tasks as:
- co-ordinating and organizing the activities of
the members of the group in order to produce
the project within the required time frame;
- providing instruction in established
procedures for draftihg, design, estimating,
and geometrics to the group, Consultant staff
and Construction staff;
- reviewing, ensuring the completeness of,, and
incorporating into the contract document,
information supplied by other related sections
within the Ministry and/or other' sources;
- reviewing' final contract drawings and tender
documents prior to submission ~:o the Senior
Project Manager, Project Manager, or Area
Manager to ensure compliance with standard
Ministry practices, methodology,
specifications and standards directing
corrective work;
- refers problem cases to Supervisor;
7
Section 3
Performs other"related duties such as:
- reviewing reports, designs, and estimates
submitted to the Planning and Design Section
by Consultants, District staff, .Construction'
staff and other agencies with regard to
standard methods and procedures;
- preparing correspondence to other Sections
within the Ministry, other Ministries and
consultants for the purpose of obtaining and
supplying information;
- reviewing the effects of design proposals on
corridor control related issues, such as
subdivisions, commercial development, building
and entrance permit applications with regards
to highway capacity and the safety of the
traveIling public;
- acting as a team member, when required, on
internal technical study teams;
- referring unusual problems to Senior Project
manager, Project Manager or Area Manager;
- maintaining the technical progress of a
project during the absence of the Senior
Project Manager, Project Manager or Area
Manager;
- some drafting;
- as assigned.
Skills and knowledge required to perform job at full
working level
Progressively responsible experience in the pre-contract
engineering phase within the Planning and Design Section.
Thorough detailed knowledge of highway planning and
design principles, practices, and procedures of contract
estimating, specifications, special provisions, and
standard, and the deviations permitted in each of these
areas; and the ability to prepare preliminary and final
contract plans and documents. A thorough and working
knowledge of the various computer programs available and
the ability to operate an electronic computer facility on
Planning and Design projects. A thorough and detailed
knowledge of intersection and interchange geometry and
related standards. A working knowledge of soil
mechanics, structural parameters, good construction
practice and engineering survey practices. The ability
to communicate effectively, both orally and in writing.
The ability to interpret and apply all types of data
relevant to the planning and design of the projects. The
ability to work independently and with a minimum of
supervision. Co-ordinating and technical ability.
Successful completion of a qualifying examination.
The grievor testified at some length als to ~he intricacies of
his actual duties and responsibilities. We do not intend to repeat
that evidence except in certain material respects. The essence of
the grievor's job is responsibility fOr highway design projects
within the Northern Region involving expressways, arterial,
collector and local highways. Prior to 1987 most highway design
work in the region was performed "in-house" by Ministry personnel.
Since then, however, highway design work is contracted out to
consultants. It was the grievor's uncontested evidence that 90% of
his job involves ensuring that consultants submit the necessary
"contract packages" for highway design in accordance with Ministry
standards, policies, procedures and practices. Currently the
grievor is working with some 13 consulting firms. He is required
to provide technical advice to consultants in accordance with
'Ministry standards and procedures and to answer all inquiries.
Similarly, he is required to read and to provide consultants with
a variety of applicable Ministry reports (which he does not
prepare), as for example, environmental report, soils report,
drainage study. He reviews all consultant, road design proposals
submitted as "contract packages" to detect variations from Ministry
standards and to discuss all necessary changes. The grievor is
required to supervise and train two subordinate technicians in the
design unit.
9
Allan Devol'in is project manager and the grievor's immediate
supervisor since February 1990. He testified that the grievor's
job was t0 provide technical advice and interpretation of Ministry
standards and procedures. Mr. Devolin maintained that the grievor
had no supervisory or training role with consultants. He does~
supervise and train~his two technicians..
The current Class Standard, which the parties now agree is
inappropriate reads:
TECHNICIAN 2, MUNICIPAL ENGINEERING
CLA$SDEFINITION:
This class cover~ positions of employees who are
assigned the' responsibility to.provide an engineering
liaison service to Municipal Authorities. They work
under the direction of a senior municipal engineer and
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
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 performing 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 statements is their responsibility and when
necessary they assume the responsibilities of the senior
municipal engineer during his absence.
SKILLS AND KNOWLEDGE REOUIRE~:
Sound.knowledge of construction techniques, design
criteria and quality standards. Ability to provide
engineering representation to Municipal Authorities.
OUALIFICATIONS:
1. Grade 12 education or equivalent combination
of education and experience.
2. At least seven years' experience in
construction practices and governmental'
quality standards and regulations.. Preferably
one year's experience as a Technician 2,
Construction.
3. Ability to communicate effectively, good
judgment, tact and diplomacy.
The two Class Standards advanced bY the parties are:
TECHNICIAN 3. ROAD DESIG_~N
CLASS DEFINITION:
This class covers the positions of employees who are
working supervisors of a group (3-5) subordinates in the
preparation of highway designs, contra~t drawings and
documents and quantity estimates under the general
direction of a design section supervisor. They supervise
the preparation of working drawings and the drafting of
detailed contract drawings, using engineering survey
plans and profiles of existing conditions, functional
planning reports, field inspection reports, soils
reports, and drainage studies and precipitation
statistics. They supervise and direct the computation of
estimated quantities, by manual or electronic computation
procedures° They personally undertake routine design
according to established procedures and methods and
review minor design work prepared by 'subordinates
referring the more complex problems to superiors.
They check in detail the work of their subordinates
in the prepar'ation of contract documents and quantity
estimates to ensure completeness and accuracy and provide
instructions and guidance as required. They prepare
draft provisions and special standards to fit peculiar
need of projects.
They assist the design section supervisors in
providing on-the-job training for subordinate staff.
This class also covers the position of employees who
are responsible for the initiation, preparation and
distribution of property requests in the region and for
the liaison between the Department commercial owners and
utility companies in which capacity they give technical
direction, and information regarding the highway design,
location and estimates to responsible personnel
concerned.
This class also covers the position of an employee
who is responsible for ensuring that expressway projects
prepared by consultants are completed in accordance with
established department design policies including
estimating and drafting procedures, contract document
preparation, items, specifications and standards. They
are also responsible for the initiation, preparation and
distribution of property requests and for the liaison
with utility companies on expressway projects.'
SKILLS ANDKNOWLEDGE REOUIRED:
Proven competence in highway design, quantity
estimating, drafting and contract document preparation
procedure.
OUALIFICATIONS:
1. Education - Grade 12 minimum. Two years'
experience as Technician 2 - Road Design, or
an acceptable equivalent of experience,
education and training.
2. Demonstrated supervisory and organizing
abilities; good judgment; personal
suitability.
12
TECHNICIAN 4, ROAD"DESIGN
CLASS DEFINITION:
This class covers the position of employees who, as
design section supervisors,' provide administrative and
technical leadership. They assign work to, direct, and
supervise 3-5 design groups in the preparation of
contract documents and quantity estimates for highway
construction project. They check routine designs of
subordinates and personally undertake the more complex
design work by adjusting highway geometrics, designing
surface and storm sewer drainage Systems, interpreting
and assigning specifications and preparing special
provisions. They provide liaison with other departmental
branches and outside authorities performing parallel
work. They review final contract documents and quantity
estimates prepared by subordinates in order to detect
improbabilities, omissions or deviations from established
methods checking in detail suspect data. They answer
queries from district construction staff and others
pertaining to design, specifications and special
provisions.
With a minimum of engineering direction, they
supervise the complete development of highway contract
documents from engineers' design reports, soils and
foundation reports, E.C.C. reports, photogrammetric
information and design criteria by applying design
technology, methodology, procedures and standards.
They participate in tlhe Departmental Training
Programme for road design staff by ensuring that all
employees receive adequate on-the-job training and by
lecturing at training schools and setting and marking
examinations.
This class also covers the position of the employee
who is responsible for familiarizing himself with the
complexities of design and estimating involved in
expressway projects in the Central Region and for
ensuring that all expressway projects prepared by
consultants are completed in accordance with established
department design policies including estimating and
draughting procedures, contract document preparation,
items, specifications and standards. He is also
responsible for the initiation, preparation and
distribution of property requests and for the liaison
with utility companies on expressway projects.
13
SKILLS AND KNOWLEDGE REOUIRED: ~
Proven competence in highway design, quantity
estimating, drafting and contract documentation
procedures.
QUALIFICATIONS: "
1. Education - Grade 12 minimum. Four years'
experience as a Technician 3, Road Design, or
an acceptable equivalent of experience and
education.
2. Demonstrated supervisory and administrative
ability, good judgment, personal suitability.
The request for reclassification is based solely on the class
standards approach. The Union contends that the grievor should be
classified as Technician 4, Road Design as the "best fit" based on
the final paragraph of the Class Definition which reflects the
grievor's current duties with the exception that he performs the
job in the Northern Region and not in the Central Region. In the
alternative, Mr. Coleman argued that this is the appropriate case
for a Berry type award.' The'Union cited the following authorities:
0PSEU (O'KaDiec) and Ministry of TransDortation, 198/89 (Gorsky);
a transcription'of the oral'Decision in OPSEU (Wheeler et al) and
Ministry of Housinu, 1590/89, 1246-8/90 (Dissanayake); OPSEU
(Archer) and Ministry of Transportation, 280/90 {Keller); and OPSEU
(Keluskv et al) and Ministry of Transportation, 1098/86 (Wilson).
The Employer maintained that the core functions of the
grievor's duties a~e.found in the Technician 3, Road Design Class
'Definition, although there is some overlap between the two class
standards in question. Mr. Peterson argued that the core functions
14
of the grievor's job Lre not found in the Technician 4 level but
are encompassed in ~he final paragraph of the Technician 3
definition. The~Pan~ was referred to several GSB awards: OPSEU
·
lAird et al) and MiD ~try of Consumer~and Commercial Relations,
1349/87 (Slone); OPS5 (Roqers et al) and Ministry of Education,
900/86 (Watters); O_~P~' EU (Evans) and Ministry of Transportation,
1531/90 (Samuels); ~ ~d OPSEU (Adams 'et al~ and Ministry of
Transportation, 1970/ ? (Keller).
The fact that the grievor was reclassified in 1987 has little,
if any, probative val~ ~ in the matter before us. Section ~8(2)(a)
of the Crown Employee Collective Bargaining Act confers upon the
grievor the statutory 3ight to prQcess a classification grievance.
There is no dispute' .~at the grievor is currently misclassified
based on agreement tha his duties have substantially changed since
1987. In sum, he was ~ planner at the time of reclassification as
Technician 2, Municip ~ Engineering and since then is a designer.
We cannot agree that the grievor would be properly classified
at the level of Technician 3, Road Design. The final paragraph of
the Technician 3 and 5~chnician 4 Class Definitions are remarkably
similar. On the evide ce, we find that the grievor is "responsible
for familiarizing hi~ self with the complexities of design and
estimating involved i~ expressway projects" which is omitted from
the Technician 3 Stan.~ard. We agree with the Union's submission
that the grievor is called upon to comply with the highest degree
15
of design work in his' current position. In our opinion, .he
Technician 3 Class Standard does not fully contemplate ~he
grievor's actual duties and responsibilities and fails to.recog~ .-ze
his responsibility in dealing with design complexities. In he
particular circumstances of this case, it makes no sense to
reclassify the grievor downward to the classification he heldp~ .or
to the 1987 settlement. The problem the parties have experien ed
in this case may be due, at least in part, to the fact that he
Technician 3, Road Design classification was last revised in
January 1967 and has become somewhat dated.
However, we would agree with the Employer's argument that .he
grievor does not qualify for the Technician 4 Roads Design cl ss
standard. The grievor does not.supervise 3-5 design groups in he
preparation of contract documents. He has no supervisory duty % th
consultants but rather acts as a resource person provid ng
technical advice. In addition, he does not lecture at train ng
schools or sit and mark examinations. The final paragraph of he
Technician 4, Roads Design Class Definition best describes
grievor's job but for the reference to duties in the Cent.'al
Region. Obviously, the grievor who does not work in the Cent'al
Region and therefore is not contemplated in that Class Standar
This is the appropriate case to order that the Employer f nd
or create a proper classification for the grievor. According.y,
the Employer shall reclassify the grievor within 90 days of the
16
release of this decision or at such later dat as the parties may
in.writing agree upon. The grievor shall ~ entitled to full
retroactivity of salary and benefits to 20 day: prior to the filing
of this grievance. The panel shall remain sized of all issues
arising from the implementation of this Decis )n.
DATED at Brantford, Ontario, this Ind d,' f of August., 1991.
R. L. VERITY, Q.C. - ;ICE-CHAIRPERSON
,~ EMBEt
/
"I Dissent" (diSsent a- :ached)
C. LINTON - MEMBER
DISSENT
OPSEU (Campsall)
Grievance #1655/90
I have read 'the ViCe-Chairperson's draft decision in the subject
matter and agree that the gri~vor does not qualify for the Technician
4 Roads Design class ~standard for the reasons outlined on page 15 o(
the Award; however, with respect~ I do not agree that the grievor
would not be properly classifi.ed at the level of Technician 5, Romd
D~sign and; therefore, that this is the appropriate cmse to order t~mt
the Employer find or create a proper classification for the grievor.
The Employer proposed a class standard which encompasses the grievor~s
duties, that is, Technician 3, Road Design. I would submit that the
final paragraph of this class standard fully contemplates the
grievor~s actual duties and responsibilities for the following
reasons: ~]~
1. The final paragraph of the Technician ~ ~nd Technician~ 4 Class
Standards are ~imilar except for the words "familiarizing himself
~ith the complexities of design and estimating involved in
e:~pressway projects in the Central Region"~ Both class standard~
contemplate involvement in expressway projects which were
described by the grievor~s project manager as being in the top
classification system, i.e., the highest level of design. The
Technician 4 class standard refers specifically to projects in
the Central Region and, in my opinion, this reference has. to be
remd in its entirety, that is, it refers specifically to the
Central Region and the complexities associated therewith. The
reference to expressway projects in the Technician .5 Class
standard refers to all levels of expressway outside the Central
Region regardless of their complexity.
.
By the grievor~s own evidence, and I quote from page 8 of the
Award, "90% of his job involves ensuring that consultants submit
the necessary contract packages fdr highway design in accordance
with Ministry standards, policies, procedures and practices".
The last paragraph of the Technician 3, Road Design Class
Definition states: "This class also covers the position of an
employee who is responsible for ensuring that expressway projects
prepared by consultants are completed in accordance with
established department design policies including ....... ".
~. The grievor testified that in 1989 he transferred from the
Planning Group to the Road Design Group dealing with consultants
only. This was after the "1987 settlement"; therefore I cannot
agree that "it makes no sense to reclassify the grievor downward
to the classification he held prior to the 1987 settlement".
4. On the evidence presented, I submit that the core duties of the
grievor's job in the Road Design Group are ~ sufficiently'
different from those contemplated in the last paragraph of the
Technician 3, Road Design class standard.
~s set out in the Board's decision in ~ 1589/89 (Low), 'in order to,
obtain a Rmrry order, "the Grievor must satisfy this Board that there.
is a substantial difference between the duties performed and those
referred to in the classification standard". I submit that there is.
no difference between the duties referred tc~ in the Technician 3, Road
Design class standard and those performed by the grievor.
I would have agre.ed with the Employer's submission that the
appropriate class standard is the TechniCian J Road Design.
Ail of which is respectfully submitted.
· ~ -.~ s~-uJ ~ /- £ m/-
-Carole Linton, Employer Member.
Ausus~: 2, I~1