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HomeMy WebLinkAbout1990-1998.Meacher et al.92-12-15 < ~. ' ON'f~l~lO EMPLOYEsDE LA COURONNE , ~ ... CROWNLCMP.[OYEES DE L'ON TARtO : GRIEVANCE C.OMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS STREET WEST, SUITE 2100. TORONTO. ONTARIO, MSG .t.Z.9 TELEPHO~-JE:/TE£IEPHO.,'VE.. i-'r(;] .?.2'6-~38E. 1998/90, 1860/91, 1862/91, 1863/91, 1864/91, 1866/91, 2333/91, 2351/91, 2352/91, 2353/91, 2354/91, 2355/91, 2356/91, 2357~/91, 2358/91, 2359/91, 2360/91, 2362/91, 178/92 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Meacher et al) Grievor ~ and - The Crown in Right of Ontario (Ministry of the Environment) Employer BEFORE J. Samuels Vice-Chairperson I. Thomson Member A. Merritt Member FOR THE C. Dassios GRIEVOR Counsel Gowling, Strathy & Henderson Barristers & Solicitors FOR THE C. Peterson -EMPLOYER Counsel Winkler, Filion & Wakely Barristers & Solicitors HEARING April 4, 1991 September 13, 1991 October 1, 17, 1991 May 7, 1992 November 12, 23, 1992 2 The grievors are process operators at the South Peel Sewage System Plant in Toronto (known as "Lakeview"), one of the largest and most complex domestic waste water treatment plants in the provin~ce. They are classified as Waste Water Project Operator 1, and they grieve that this classification is not suitable. They ask for a Berry Order to set their classifiCation straight. We will start with the WWPO1 classification standard itself, because our basic issue will be whether or not the standard is appropriate for the grievors' jobs. The Preamble to the .WWPO Series reads: This series covers positions of employees engaged in the operation of either waste treatment or water purification facilities. These employees carry out a variety of duties related to the monitoring and control of waste and water treatment processes, in installations located throughout the Province, The size of the facility ranges from projects serving small municipalities and requiring only one or two employees, to installations serving. densely populated areas with a relatively large and diversified staff operating on a continuous shift system. The responsibilities of these positions involves the carrying out of regular inspections of the project, operating and maintaining process control equipment and undertaking various assignments to ensure that the project is operating in accordance with established standards. The series contains a trainee level covering positions of employees lacking the necessary knowledge and/or experience to operate at the full working level. 3 Excluded from this series are positions where the primary responsibility is the repair and maintenance of plant equipment, the conducting of laboratory tests, groundskeeping, caretaking and unskilled manual labour. Such positions should be' allocated to class series more specifically designed to cover their responsibilities. Also excluded from this series are positions of Chief Operator (no more than one per plant for each shift) and higher level positions concerned chiefly with the management of the plant. And the standard for the WWPOI reads: This class covers positions of employees who, under the supervision of a Chief Operator, carry out a variety of operating and inspectional duties in either .a waste treatment or a water purification facility. These employees carry out regularly scheduled inspections of ali equipment in buildings, collect samples and perform routine laboratory tests, in order to ensure the effective operation of the facility. They perform preventive maintenance procedures by checking machinery and electrical equipment when required, and may overhaul or assist in the overhaul of equipment if necessary. In some plants these employees may also be required to perform some groundskeeping and caretaking duties. SKILLS AND KNOWLEDGE Mechanical and electrical aptitude; familiarity with and understanding of the operation of a variety of moderately complex process control equipment. 4 Now we'll start with some general comments conceming this Series and the level 1 standard in particular. ~ Firstly, the Series is intended to cover employees who operate waste treatment.facilities. The first paragraph of the Preamble makes this clear. Secondly, from the second paragraph of the Preamble, we see that the Series is intended to cover a very wide range of size of facility, from very small to "installations serving densely populated areas with 'a relatively large and diversified staff operating on a continuous shift system". This latter phrase is not as clear as it ought to be, Does "relatively large and diversified" . mean simply that the staff is larger and more diversified relative to the small installations? Or, does "relatix[ely large and diversified" connote that.the Series covers facilities whose staff is just "relatively" large and diversified, but the Series does not cover the facility or facilities with the largest and most diversified staff in the province? If the Series was intended to cover al_il the facilities in. the province, whatever their size, the point would have been made clear if the Preamble had read something like "This Series covers employees who do this work, whatever the size of the facility they work in". By being more expansive in their illustration of the size of facility involved, the drafters of the Preamble have left a measure of ambiguity. Less is generally clearer. In our view, in spite of the ambiguity in the second paragraph of the Preamble, the Series was intended to cover operators in al__!1 waste treatment facilities. We come to this conclusion because this Series appears to be the only one which deals with waste water project 9perators. If the Series was intended to exclude those operators in facilities with the largest and most diversified staffs, then surely there would have been another Series to cover these excluded employees. One must interpret the language in classification standards in a way which best makes common sense, if such a meaning is one of the reasonable possibilities found in the language itself. 5 Here, common sense is best served by interpreting the second paragraph of the Preamble to mean that the Series covers employees in all waste water treatment facilities, whatever the size and diversification of thgir staffs. Thirdly, the Preamble, in its last two paragraphs, specifically excludes certain types of employees. None of these exclusions applies to the grievors. Fourthly, the class standard for WWPO1 is very vague. In the first paragraph, we find it covers employees who carry out "a variety of operating and inspectional duties". Does this mean that they carry out al_II the operating and inspectional duties in their facilities? Or do these employees do some of the operating and inspectionat duties,' while employees in other classifications do the other operating and inspectionai duties--for example, mechanics or millwrights, or electronic technicians, and so on? How gmat is the variety of operating and inspectional duties that a WWPOi can be called upon to do? For example, one of the steps which might be taken in waste water treamaent is to disinfect the outflow water. At Lakeview, this is done by the introduction of chlorine, and the grievors perform the task. What if it was decided that the outflow water could be disinfected more effectively by a high-powered electrical charge, involv!ng highly-specialized electrical equipment operated by people with several years of training; or by a very delicate but high-powered laser blast from equipment operated by laser specialists--would the people who handle this new equipment be classified simply as WWPOI? In our view, the answer would be "No". Employees who perform such work would have .to be classified in a classification more suitable to the kind of machinery with .which they are working and on which they are specially trained--with consideration being given to the kind and level of skills and qualifications which the employees had to possess. 6 Thus, in our view, the standard for WWPO1 does not necessarily cover all employees who have operating and inspectional duties in a waste water treatment facility. Fifthly, the standard'for.WWPO_2 does not cover the employees who do the other operating and inspectional duties. This standard says very simply that it covers employees who "in addition to performing any or all of the duties of a WWPO 1, also provide technical advice, assistance and guidance to one or more working level operators." The WWPO2 does not have a wider range of operating 'and inspectional duties than the WWPO1. Sixthly, it is the Skills and Knowledge section of the WWP01 standard which helps us to understand the type of operating and inspectional duties to be performed by an employee in this classification. They do jobs which require "mechanical and electrical aptitude". They do jobs Which require "familiarity with and understanding of the operation of a variety of moderately complex (emphasis added) process control equipment". If employees have significant operating and inspectional duties which require skills and knowledge beyond these, then they are not properly classified as WWPO1. This defines our enquiry. Do the grievors have significant operating and inspectional duties which require skills and knowledge which go beyond the skills and knowledge required for a WWPOI? Before addressing this question directly, let us lo0k briefly at the waste water treatment process for domestic' waste waterwa process which has not changed in substance in many years. To the facility comes the wash from thousands of domestic sinks, toilets and other drains. This inflow is subjected to: · Grit removal to remove the coarse sand and other material; - Screening--to remove objects such as dentures, towels, etc.; 7 · Primary treatment--to settle the solid matter in the waste; · Secondary treatment--to reduce the waste further, generally involving activated waste; t - Disinfecting--to destroy remaining harmful elements in the water to be discharged; · Discharge sending the resulting water back into a lake or river, and final disposal of the remaining solid material. While these steps in the process have not changed, there has been a change over time in the equipment used to do these things (the "process eqmpme t j, and in the mechanical, electrical and electronic equipment used to control the process equipment itself (the "process control equipment"). Let us give a very clear familiar example of these two types of equipment, so that our later discussion will be readily comprehensible. If the "process" involved'is heating your home, one could say that the "process equipment" has evolved over time as you moved from a simple fireplace, to a stove, to a furnace. The "process control equipment" has evolved from the thermometer (which simply measured the temperature achieved), to the sim.pie thermostat (which is hooked up to the furnace and controls the on/off in order to maintain the set temperature), to the modem electronic programmable thermostat (which enables you. to set in advance the temperature you want on any day of the week, and at any hour, and the device will regulate your furnace to give you the desired temperatures at the desired times). We move to the Lakeview plant. Seventy million gallons of domestic sewage per day comes from Mississauga, Toronto and Bolton. This waste water is processed 24 hours per day, seven days per Week. Our concern is with the eighteen employees 8 who are classified as WWPOI, and work on five shifts (some with 4 WWPOls, and some with 3 WWPOls). There are a number of parallel treatment facilities, organized in three" ' " sections. Section 1 consists of a sludge thickening facility, a grit building, a screen building, and the primary tanks for plants 1 and 2. Section 2 consists of plants 1 and 2, except for the primary tanks for these tWO plants. Section 3 consists of plants 3 and 4. On each shift, there is a WWPO1 assigned to each section. And, when there is a fourth WWPO1 on duty, 'that employee acts as a "floater", helping out where needed. The WWPOIs rotate through these various responsibilities. By 1983, the first three plants were in operation. Each plant had a grit tank, a bar screen, a primary settling tank, an aeration tank, a final settling rank, and a chlorine contact chamber. In the mid-80s, the fourth plant was added. It was somewhat different. It had a grit tank, bar screen, primary tank, aeration tank, and two final settling tanks. This Board of Arbitration had the opportunity to learn a great deal about the operation of the Lakeview waste water treatment plant, through the clear and extended description by Mr. Meacher, from our own view, from photographs, and from the testimony of other witnesses. It is not necessary in this award to write a textbook on the operation of the plant, nor is it necessary for us to be too eXtensive in our descriptions. We have reviewed the evidence put before us in great detail and we will comment on it in sufficient particular to explain our decision concerning the grievors' classification. 9 One of the primary changes in the treatment process which motivates the grievors' claim for reclassification is the introduction of centrifuges near the end of the process to turn WAS ("waste activated sludge") into TWAS ("thickened waste activated sludge", which is later bur~ed off), and "centrate" (the waste water returning to the plant). In other words, the centrifuges remove water from the WAS. The operator of the centrifuge controls two factors--the flow of WAS into the centrifuge (by adjusting the speed of the WAS pump); and the speed of the inner bowl of the centrifuge. The operator has to produce centrate which meets the parameters of a solids recovery test, and sometimes it takes some fi'.d~lling to turn the incoming WAS into the right stuff at the other end. The object is to maximize the recovery of solids, leaving the clearest centrate possible. For Mr. Meacher, in particular, the introduction of 'the centrifuges made quite a difference in his work. Before the centrifuges, he Would load WAS onto trucks and take it out to waste .fields for spreading. BUt the Ministry ran out of space to spread the WAS, so it became necessary to reduce the solid matter and burn it. Now Mr. Meacher traded in his shovel fora series Of buttons, dials, switches, gauges, and simple measuring devices to deal with the WAS. But this change, as fundamental as it appears, did not take him out of the type of job described in the class standard for wWPO1. He was still performing "operating and inspectional duties". He was still doing no more than regularly scheduled inspection of equipment; collecting samples; performing preventative maintenance procedures 'by checking machinery and electrical equipment when required; and assisting in ihe overhaul of equipment if necessary (all of which are tasks contemplated in the second paragraph of the standard). More importantly, in order to operate the centrifuges, he did not have to possess skills and knowledge which went beyond what is required 10 for a WWPOl--"mechanical and electrical aptitude; familiarity with and. understanding of the operation of a variety of moderately complex process control equipment'!. In particular, with respect to the proc~ess control equipment, the centrifuge's control equipment is rudimentary it measures and gives a reading of the speed of the WAS pump and the speed of the inner bowl; and it measures various parameters of the operation (eg. flow of lube oil), giving an alarm or shutting down the process, if the equipment is in danger. For the operator, the difficulty of the operation is in the balancing of the relationship between the speed of the WAS pump and the speed of the inner bowl of the centrifuge'!" It takes experience to get these settings right. And sometimes it takes quite a bit of time to get the correct outflow. But it requires no more than "mechanical and electrical aptitude". And it requires little training in process control equipment. The standard encompasses both the shovel and the centrifuge. The tools are markedly different. A broken shovel can be replaced for several dollars. A broken centrifuge could cost $1 million to replace. Perhaps it could be said that the employee with the shovel is at the lower end of the range of positions covered by the standard (in terms of mental effort and judgment required to do the job properly, and in terms of the level of responsibility shouldered by the operator), and the employee at the control panel of the centrifuge is at the higher end, but still both positions are within the four comers of the standard. It may even be said that there is some sense in having a pay scale which recognizes these differences between the position on the end of the shovel.an~t the one at the control panel of the centrifuge, but this Board does not have authority over pay scales. This is a very important point we do not judge the monetary value of work performed. Our task is simply to decide whether a particular position fits within a given standard. And here we have no 11 difficulty in saying that the employee at the control panel of the centrifUge is in a position which is covered by the standard for WWPO1. Another task which is important to the grievors' clai~ is the work they do on the "bridges" which run back and forth over the final settling tanks, gathering the sludge and moving it to a position for collection. Over time, Lakeview has installed one new bridge after another, each being unique. The operator monitors the operation of the bridge by general observation and by checking gauges, and primes the siphon if the suction is lost on the sludge. For the newest bridges, generally the operation is · entirely automatic and runsJ'.:6n the press of a button. The operator does not program the computer which runs the bridge. Again, there is nothing in this which goes beyond the WWPO1 standard. In particular, the operator does not need skills and knowledge which go beyond the skills and knowledge required for WWPO1-- "mechanical and electrical aptitude; familiarity with and understanding of the operation of a variety of moderately complex process control equipment". The greatest part of the operator's shift is spent monitoring' pumps and le3els--is the flow correct? is the level in the vessel' correct? With respect to the pumps, there are flow g~iuges, temperature gauges, and the operator will perform visual inspections to ensure no leaks. If a pump breaks down, the operator will generally re-mute the flow by closing and opening valves. 'All of this fits squarely within the standard for WWPO 1. On occasion, the operators will have students or new staff who accompany them in their work, in order for these people to learn how to ,do the job. While this can be considered as a "training function, in 12 essence it does not change what the operator does in a shift. Either the new person looks over the experienced operator's shoulder, or the operator observes the new person doing the job, and from time to time the operator will answer questions about the operation. And, in any event, we are not talking about a great deal of this--a few students each summer, and roughly 10 new full-time employees for Mr. Meacher in the period 1984 to 1990. In like vein, as new equipment is installed, the operators are asked for feedback on how the equipment is working. The manufacturers and engineering consultants need this feedback to fine-tune the operation. While this can be called "liaising with and assisting consultants, engineers, in developing and researching new ideas", or "liaising with suppliers and manufacturers with respect to the performance of equipment", or "evaluating and improving operational methods and routines" (as it is variously called in the Grievors' Statement), in essence it does not change what the operator does in a shift. There is no more here than the operator telling the manufacturer or consultant that a certain pump overheats, or fails to provide the flow, or that a centrifuge does not produce centrate of adequate clarity. Mr. Meacher gave as an example of a suggestion he had made to a manufacturer the placement of more manual valves on an installation. What is critical is that the operator is not the one who has any responsibility for fixing problems. It is the manufacturer or consultant that has to come up with the new ideas. One of the signi~cant on-going changes in tl/te operation at Lakeview is the introduction of more and increasingly complex pieces of process control equipm, ent--to measure flow, pressure, levels, composition and temperature and to control valves which affect these parameters; to control a logical sequence of actions (a PLC, "programmable logic controller"); and to automatically protect equipment and systems (an "interlock"). In 13 many cases, the Ministry has installed the most advanced process control equipment available on '.he market for this type of operation. Generally, this equipment will make the operator's job tess difficult because manual operations will be done automatically; or because protective operations are done automatically; or because a logical sequence of actions will 'be done by electronic control without the operator having to do one operation after another in precise sequence, and so on. But the operator does have something new to learn. Now the operator needs to know the underlying waste water treatment processes, and he must have a basic, understanding of what the process control equipment is doing and how!~o operate the process control equipment itself. He needs to know whether the control equipment is working properly. In this sense, the operator's job has. become more "complex", because there is more for the operator to know than there used to be. The class standard for WWPO1 sPeaks of "familiarity with and understanding, of the operation of a variety of moderately complex process control equipment". What does "complexity" of process control equipment mean in this context? In our view, it must mean complexity from the operator's point of vie¢. And one judges this complexity from the number of functions a piece of equipment performs and the amount of training an operator needs in order to use it. Mr. Kevin Bradd is a certified control mechanic employed by Novacor Chemicals in Sarnia. He has many ydars .of experience with process control equipment. He toured the Lakeview plant with a grie'~,or and observed the process control equipment used by the operators. In his view, over half of this equipment is as complex as any available on the market for these applications, given the definition of complexity that we have adopted in the preceding paragraph. 14 However, Mr. Bradd acknowledged that the complexity of a piece of equipment depends in-part on the application to which it is put. When asked to compare the application of process control equipment~ in domestic waste water treatment to the use of such equipment in the chemical industry, he said that the chemical industry was more complex. In the chemical industry, there are more operations to be monitored, more parameters to be considered--the process control equipment has. a more complex job to do and, consequently, the complexity of the equipment from the operator's point of view is also more complex. In the grievors' Position Specification, it says, in part, that their Duties and Related Tasks include "inspecting and in some cases adjusting complex automatic systems including variable speed pumping systems, -sludge density meters, level controllersl turbidimeters, chlorine residual analyzers checking chlorine and methane gas detection systems, cooling water systems, hot water systems". But to do all of this, the grievors have not had t6 move beyond a basic mechanical and electrical aptitude. They have not had to learn electronics. They do no significant programming of the various pieces of electrOnic process control equipment. By and large, it is simply another dial to read and another button to push. They must know the significance of the reading from the dial, and they must know what to do if the operation is going astray--but this is no different from What they had to do when the process control equipment was less sophisticated. Given our definition of "complexity" when referring to process control equipment--"one judges this compl_exity from the number of functions a piece of equipment performs and the amount of training an operator needs in order to use it" our general sense of the evidence of Mr. Bradd is that, given the relative .complexity of the domestic waste water treatment process (it is less complex relative to industrial processes generally, primarily because there are so few parameters to be monitored), 15 and the overall training necessary to operate the process control 'equipment at Lakeview (it does not appear that this training is very extensive at all), the process control equipment at Lakeview can be characteri, zed generally as "moderately complex". And thus it falls within the WWPO1 standard. Mr. Meacher' testified that the job is different now from when he came to the Lakeview plant.in 1984--the equipment is more complex; the operational methods are different and more complex; and there are more different pieces of equipment. On the other hand, Mr. T. Alkema, a Process Specialist with a consulting firm, who has 'thirty years' experience in the waste water technology business, and who has been regularly attached to the Lakeview plant since 1978, involved in consultation and mining operators, testified that the "complexity" or "difficulty" of the operator's job is no greater in a high-tech plant than it is in a plant where operators do a great deal of hands-on work on manually-controlled machinery and out in the grounds. Nor has the "complexity" or "difficulty'' of the operator's job at a plant like Lakeview changed over time with the substitution of new tools to do the same old processes. But it really doesn't matter whether Mr. Meacher is correct or Mr. Alkema is correct, difference and greater "complexity" does not necessarily involve a change of classification. The essential question is still: Is the jol5 covered by the class standard for WWPOI? The way the class standard is written, overall difference in duties and overall complexity are not factor, s which matter. The grievgrs fit within the standard if their operating and inspectional duties can be done with the skills and knowledge required for a WWPOI? And, in our view, the grievors' jobs do fit within this standard. 16 For'these reasons, we dismiss the. grievances. DOne at London, Ontario, this ~Srh day of 1)ecember , 1992. ifj.~c~h°mson, Member A. S. Merritt, Member