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HomeMy WebLinkAbout1991-0889.Ethier.92-08-26·., ' :.!~ .~ ~ . ..,~,~ .:. 7:). ONTARIO EMPLOY£S DE LA COURONNE ':' ~'"'."""~ "~" ' CROWNEMPLOYEES DEL'ONTARIO SETTLEMENT REGLEMENT BOARD DES GRIEFS DUNDAS STREET WEST, SUITE 2100, TORONTO, ONTARIO, MSG 1Z8 TELEPHONEITEL~PHONE: f, 416I 325- ~.3~8 889/91 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Ethier) Grievor - and - The Crown in Right of Ontario (Ministry of Transportation) Employer BEFORE: B. Kirkwood Vice-Chairperson P. Klym Member M. O'Toole Member FOR THE M. McFadden GRIEVOR Counsel Koskie & Minsky Barristers & Solicitors FOR THE J. Lewis EMPLOYER Counsel Winkler, Filion & Wakely Barristers & Solicitors HEARING November ,12, 1991 Page 2 g DECISION The grievor is currently classified as a Maintenance Carpenter and works at New Liskeard in the "Services Section." The grievor claims he is improperly classified and seeks reclassification to the Maintenance Carpenter Foreman position, or alternatively asks the Board to order the employer to create a new and appropriate classification to match his duties and responsibilities. The parties presented the panel with written statements of facts and issues, and the grievor and his supervisor, Mr. Trudel gave oral testimony. The grievor has been a Maintenance Carpenter with the Ministry since 1989. The purpose of his position as set out in his Position Specification and Class Allocation, which has been attached and incorporated into this decision as Appendix A,. is to perform skilled manual work at the journeyman level in the planning, laying-out and performance of carpentry work in the construction, maintenance, alteration and repair of district buildings and facilities. The grievor admits that his Position Specification and Class Allocation, properly describes his duties with two exceptions. The grievor seldom forms, pours and levels concrete for foundation floors, and he prepares, rather than assists in the development of annual plans for maintenance and repair. The grievor is the sole incumbent in his district and works with little supervision. The grievor is given general assignments by his supervisor, Mr. Trudel and only occasionally is given assignments by others. Mr. Trudel visits him once or .twice a week and rarely reviews the grievor's work. Page 3 The grievor inspects buildings regularly to determine if they are safe and if any repairs are needed. On one occasion, he led Mr. Trudel on' an inspection of the Triton Sand Storage Building which he considered unsafe and recommended demolition of the structure. After the grievor provided Mr. Trudel with his estimate of the costs to repair. the building, as requested by Mr. Trude!, Mr. Trudel accepted the grievor's recommendation. Mr. Trudel then placed him in charge of puttinq concrete into the new building and ensuring that the concrete matched the building plans. The grievor has also done final inspec%ions of buildings. The grievor also participates with Mr. Trudel in the annual inspection of the buildings in his district. The grievor plans all the maintenance carpentry. He prepares estimates for the budget for the year and reviews them qith his supervisor. The grievor acknowledged that the final decision on what was to be done was made by his supervisor. The grievor routinely plans, lays out work, establishes and prioritizes work that has to be done. The grievor.performs repairs, estimates costs of materials and labour. The grievor has the assistance of Ms. Gourley on a full-time basis, and Mr. Rutledge, for four or five months during th~ summer. The grievor instructs and supervises them. Sometimes the grievor begins jobs with them, but leaves them once they are able to continue with their tasks. He inspects their work periodically. He will· also participate in their performance appraisal review. The grievor has also been involued in supervising students from the Community College Cooperative Learning program. This program continued for two sessions of four to five weeks Page 4 commencing January and April 1991. The grievor also supervised two employees for a three week period, when they painted an interior of a garage as part of the Anti-Recession Measures Program, The grievor makes periodic inspections of work performed by external contractors. In 1989, the grievor~ inspected two sand storage domes at Larder Lake and Foliette, and a salt sto~age building, that were built by external contractors. After the grievor's final inspection, he made recommendations to his supervisor. He has also inspected windows installed by external contractors, made the final inspection of a flat roof which was repaired by external contractors and located and monitored external contractors who removed several buried storage tanks. The grievor testified that at least 50% of his time is. involved in supervision. The grievor testified that between April 1 to October 11, 1992, he recorded 268 hours in supervision, of which 14 hours wer~ spent supervising external contractors. As he believed hi~ budget for supervision was only 250 hours per year, he did not record the time he spent supervising when he was out of the office and working with others. The grievor estimated that approximately 40% of his time was spent on construction, alteration and repair to the exterior of buildings. The Ministry disputed the proportion of time that the grievor estimated that he spent on 'his duties. Mr. Trudel estimated that the grievor spent 70% of his time usinq his skills as a journeyman, 20% of his time on supervision and the balance of his time in miscellaneous endeavours. He was surprised with the grievor's estimation of supervision time, as the Ministry had calculated that approximately 11% Page 5 of the grievor's time, or 200'hours was to be allocated to supervision. The grievor's written statement stated that he hired external contractors. He did not provide any oral testimony to corroborate or support his position. Mr. Trudel testified that the grievor was not directly involved in hiring external contractors, who worked to plans. However, the grievor was asked two or three times a year to hire equipment which would be operated by external contractors. The grievor's duties and responsibilities must be compared to his current class standard and to that of the Maintenance Carpenter Foreman/Woman Class Standard. The current Class Standard for the grievor~s position of Maintenance Carpenter states: CT.ASS DEFINITION[ 1. This class covers positions involving skilled manual work at the journeyman tradesman level, in the maintenance, repair or construction of wooden structures, equipment, etc, at a Government building, institution or other establishment. The employees in these positions are given general assignments by a Foreman, Maintenance-Foreman, Buildings Superintendent or Maintenance Superintendent, or other official responsible for buildings maintenance or otker service requiring skilled carpentry. According to verbal or written instructions they are required to carry assignments to completion according to accepted practices and following the recognized procedures and techniques of the carpentry or cabinet-making trade. .These employees may determine work methods and the work is reviewed for adherence to plans and instruction, 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 required to perform related maintenance tasks or other duties, but at least 60% of their work time must involve use of the skills, at the journeyman level, of the carpenters' or cabinet makers' trade. Page 6 These employees construct, alter or repair interior and exterior woodwork, performing duties such as: hang doors; erect partitions' lay floors; build platforms, steps, stairs, cupboards, cabinets, shelves, tables, pig and poultry pens or hours, and other structures; repair furniture; repair interior and exterior fittings such as window frames, doors, sills, wainscotting' build forms to exact size, shape and finish; install and remove awning and storm windows; glaze windows; construct, maintain' and alter boards, canoes, cabins aircraft skis, tower cabins and hangar equipment; build and repair signs and displays; repair and install lacks and door closers; make keys; sharpen hand tools. In the carpentry shop these employees operate equipment such as;- saws, jointers, planers, sanders, drill presses, lathes and mortising machines. They assist and co-operate with other tradesmen and non-tradesmen staff. OR II. This class also covers positions where:- {i) There is only one position, having only one incumbent, in the carpenter's trade at the establishment concerned; (ii) supervision over the position is not exercised by a position classified as Maintenance Carpenter Foreman, and (iii) the sole incumbent in addition to performing the duties of a Maintenance Carpenter (I), 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 ~ work in the Carpenters' trade carried out at the establishment concerned ..... The Maintenance Carpenter Foreman/Woman Class Standard which the union claims best fits the grievor's duties and responsibilities states: Page 7 CLASS ~W, FINTTiON: Positions allocated to this class involve the supervision of at least two tradesmen, employed at the journeyman level, in the skilled maintenance work related to the construction, general upkeep and repair of wooden structures, fittings, .. equipment etc., at a Government building, institution or other establishment. The employee,. in positions in this class, is given general assignments by his supervisor and is required to make estimates of materials, plan and lay out the work and supervise it to completion according to accepted methods in the carpentry trade. He determines work methods and makes periodic inspections of work in progress and of the premises in general and recommends carpentry repairs where necessary. In some positions the hiring and supervision of local tradesmen on site of temporary projects is involved. The work is subject to review for satisfactory quality and compliance with directions or with plans and specifications. These employees may themselves perform any of the duties of a Maintenance Carpenter. They may also perform other tasks of a related nature by at least 60% of their -time must be devoted to work involving carpentry or the supervision of carpenters. In addition to the journey tradesmen they may supervise unskilled or semi-skilled employees and patient, resident, trainee or inmate helpers. Under direction the employee in positions in this class is required to plan, lay out, supervise and inspMct all carpentry, joining, woodwo'rking and cabinet making work performed by journeyman carpenters, other workers, patient, resident, trainee or inmate helpers, at' the establishment concerned. He may also inspect and report on the work of outside contracting firms. This employee supervises and inspects repairs and alterations to the interior and exterior woodwork of Government buildings, institutions or establishments and related structures such as staff houses, garages, workshops, sheds, barns, etc.; and the construction or repair of any wooden articles, equipment or parts within or about the buildings. In some positions the incumbent supervises and assists in the construction maintenance and alteration of boats, canoes, cabins, aircraft skis, tower cabins and hangar equipment or in the production of exhibits and displays. These Page 8 employees assist and co-operate with other foremen, tradesmen and non-trades staff. ARGUMENT Union's counsel made two claims in the alternative. First the grievor performed tasks and responsibilities of the. Maintenance Foreman/Woman Class Standard. Alternatively the tasks that the grievor performed were not captured by the Maintenance Carpenter position and therefore the Ministry ought to create a new classification to match the 9rievor's duties and responsibilities. The union claimed the grievor's responsibilities better fit those envisioned by the Class Standard of Maintenance Foreman/Woman as the grievor was responsible for the execution of all work done on location. The grievor supervised work done by external contractors and supervised at least two other employees. Union's counsel argued that as these two employees were performing tasks ordinarily performed by the grievor, these employees were skilled personnel working at the journeyman's level. Union's counsel also argued that the grievor is expected to carry out inspections of Government buildings and inspect work of external contractors. These tasks are not included in the Maintenance Carpenter standard. Alternatively, union's counsel argued that the Maintenance Carpenter standard anticipates that the Maintenance Carpenter is closely supervised and his supervision of other employees is incidental rather than integral to the position. He argued that the emphasis in the Maintenance Carpenter Class Standard was in "hands on" work. Union's counsel argued the grievor was not closely Page 9 supervised, his work was not reviewed and his supervision of others was an important and integral part of his job. Union's counsel argued that the grievor ~spent at least 50% of his time supervising and not doing carpentry work and therefore the crux of the Maintenance Carpenter standard could not be met. In the alternative, union's counsel further claimed that the class standard for both the grievor's current classification and that which he seeks have been rendered obsolete by the 'passage of time, as the emphasis of the grievor's work was no longer on repairs to wooden structures as contemplated by the standard. Therefore asks the Board to make a "Berry" thereby ordering the employer to make an appropriate, classification. The Ministry's position argued that the grievor was properly classified at his present position. The grievor spends at least 60% of his time on maintenance and skilled duties as envisioned 'by his Class Standard. Ministry's counsel submitted that the grievor could not be a Maintenance Foreman/Woman, as the ~rievor did not supervise two skilled workers at a journeyman level, an essential duty of the Maintenance Foreman/Woman position. Ministry's counsel submitted that if the board were to find that the grievor's duties were not covered' by the Maintenance Carpenter standard, the quantity, quality and character of any other duties performed did not constitute a significant difference to the nature of the job, such that they ought to persuade the board to make a Berry order. Page 10 ~ DECISION We must first determine whether the duties and responsibilities that that grievor performs fits his classification or whether his duties better fit another classification, or whether a classification must be developed to conform with their duties. If the grievor's duties do not properly fit any of the existing classifications, the ~oard has the authority as in the Berry decision to instruct the employer to create a classification. The onus is on the union to show that the tasks, duties and responsibilities that the grievor performs, do not fall within the parameters of his existing class standard, but are essentially that of another job. The duties of the higher class standard builds upon the skills, responsibilities and duties of the lower class standard. Therefore when certain duties are common to both, their inclusion in the higher level does not mean that the grievor performs the job with the higher classification. It is the new duties and additional responsibilities in the higher classification that create the job with the higher classification if they are significant enough to create a new job. As set out in Aird et al and Ministry of Consumer and Commercial Relations, G.S.B. %1347/87 (Sloan) at page 8: ... the addition of new duties ma.y take a job out of its original classification, but only where those duties are of such a kind or occur in a degree as to amount to a different job altogether. See for example Raldwin and Tjng, GSB 539/84 (Palmer) and E~nske, GSB 494/85 (Verity). As these and other cases show, the propriety of the classification is a factual issue to be decided on the merits of each case...The onus is on the grievor to show that he is actually performing a job, the essence or core duties of which do not fit Page 11 within the class standard to which 'it has been assigned by the employer. The union argued that the grievor's duties' were consistent with the Maintenance Carpenter Foreman/Woman position. Union's c~unsel further argued that the grievor's supervisory duties were not consistent with the Maintenance Carpenter position. The essence of any foreman position is the responsibility for the supervision of others. In the Maintenance Foreman/Woman position the standard describes who the Foreman/Woman must supervise. It states that "positions allocated to this class involve the supervision of at least two tradesmen~ employed at the journeyman level, in the skilled maintenance work related to the contraction, general upkeep and.repair of wooden Structures, fittings, equipment etc. , at a Government building institution or other establishment." The significance of the "journeyman level" is emphasized by the statement that "In addition to journeyman tradesmen they may supervise unskilled or semi- skilled employees and.patient, resident, trainee or inmate helpers ." It is clear from the Preamble and the Class Standard of the Maintenance Foreman/Forewoman that three elements are required to qualify for this class standard. As summarized by Vicechair Fisher in OPSEU(Larmand) and The Crown in Right of Ontario (Ministry of Transportation) G.S.B. % 0887/8'6: 1. There must be supervision of at least two persons; 2. These two persons must either be journeymen, that is skilled labour in the relevant trade class or qualified local tradesmen; Page 12 3. Supervision of either ~h~ journeymen and/or tradesmen must cover at least 60% of the year. Notwithstanding the union's submission that the standard sh6uld be interpreted to include the supervision of those who perform the same maintenance tasks as the grievor who worked at a journeyman level, both the grievor and his. supervisor agreed that Ms. Gourley and Mr. Rutledge did not work at the journeyman level. As the supervision of persons at the journeyman level is key to the foreman position, even if the grievor were to perform other tasks of the Maintenance Foreman/Forewoman Class Standard, the failure to supervise at least two persons at the Journeyman level places the grievor outside this Class Standard. The Preamble, which is incorporated into this decision as Appendix "B", also considers the criteria for a foreman to be met, if "the duties involve the hiring and supervision of qualified local tradesmen, on the site, for the duration of a specific project. Such positions may be allocated to the pertinent Foreman class provided that supervision of two or more local tradesmen is required for at least 60% of the year." The hiring and supervising of local tradesmen is also echoed in the Maintenance Carpenter Foreman/Woman Class Standard. There are three components to this criteria: 1. The employee must be involved in the hiring of at least two externa.1 tradesmen; 2. The employee must supervise these tradesmen; and 3. The supervision must be for at least 60% of the year. Page 13 There was no eVidence that the grievor hired local tradesmen, although the employer conceded that the grievor would hire equipment that would have to be operated by local contractors three or four times a year. There was no evidence that the work continued for at least 60~ of the year as required by the preamble. The local tradesmen were used on temporary projects. The inspection records indicated that' inspections were carried out by the grievor in August and December 1989. Therefore the grievor's role with respect to hiring and supervising local skilled tradesmen cannot support his classification as a Maintenance Carpenter Foreman/Woman. The union contended that as the grievor spent at least 50% of kis time in supervision, tke grievor could not spend at least 60% of his time using his journeyman skills. The grievor estimated that he spent 40% of his time using "hands on" journeyman skills. We accept the grievor's evidence that he spent more time in supervision than he recorded on his daily maintenance sheet, but we do not find that he spent less than 60% using his skills at a journeyman level. The grievor did not distinguish supervision time from "hands on" time when he was working away from the office. Tke grievor estimated that an additional couple of hundred hours was spent in supervision. Even accepting the grievor's evidence, approximately 25% of his time would be spent in supervision. In addition, as the grievor stated and which was not disputed by Mr. Trudel, inspecting buildings, and assessing them for repair are par~ of using his journeyman skills. The grievor is the sole incumbent. As the Maintenance Carpenter Class standard states, he has the responsibilities of the sole incumbent in addition to the responsibilities'described in part I of the Class standard as the description of the responsibilities of the sole incumbent Page 14 · Maintenance Carpenter states: "the sole incumbent in addition to performing the duties of a Maintenance Carpenter (I),..." The.supervisory functions of Ms. Gourley, Mr. Rutledge and persons such as students and painters are contemplated in the Maintenance Carpenter class standard-by reference to the supervision of unskilled or semi-skilled workers in "Duties may also entail the supervision and instruction of. apprentices, unskilled or semi-skilled workers and patient, resident, trainee or inmate helpers." Therefore, the responsibility for work performed by the grievor and the work performed by Ms. Gourley, Mr. Rutledge, the students and the employees under the Anti-Recession Program is within the scope of a Maintenance Carpenter Class Standard. The supervision of these persons includes the duty to ensure that they know how to perform their assigned tasks and the duty to make inspections of their work to ensure that their work meets the ~equired standards. Although the grievor makes estimates of materials, establishes and prioritizes work assignments which are carried out either by himself or with the assistance of Ms. Gourley and Mr. Rutledge during the summer months, these tasks are specifically described in the general description and in the description of the responsibilities of the sole incumbent Maintenance Carpenter when it states: "the sole incumbent ... must estimate the quantities of material and labour required; plan and lay out the work;...". These tasks are common to both the Maintenance Carpenter and the Maintenance Foreman/Woman position and are not additional tasks that differentiate the two positions. The grievor inspect s Government buildings, determines the repairs to be done, prioritizes the work, and ensures that either he or his assistants accomplish the work to the Ministry's standards in the normal course of his work. Due to the grievor's journeyman skills he is able to make Page 15 recommendations on needed repairs. Mr. Trudel relies upon him fo'r information on the status of the structures. Inspection of Government buildings and structures is a core function of the grievor's job. The grievor also inspects the external contractors' work. The grievor does this type of work on a regular basis and also is responsible for ensuring that the work conforms with the plans. These inspection. functions are included in the Maintenance Carpenter Foreman/Forewoman class standard in the responsibilities of the sole incumbent, when it states, "inspections, etc., effected for all work in the. Carpenters' trade carried out at the establishment concerned..." The classification of a position does not assess the qu~iity of the employee's performance; but assesses the requirements for the position. As Mr. Trudel requires the grievor Go make create budgets, and plan all the carpentry for the area, and make recommendations to him, those duties become duties of the job. Although a large percentage of the time was not spent in these areas of the job, the nature of these responsibilities however, were significant functions of this job. These functions require a level of responsibility that is not contemplated by the Maintenance Carpenter Class Standard. The Maintenance Class Standard creates a system whereby the maintenance carpenter receives general directions, written or verbal instructions from another and the carpenter ensures that they are carried out either by himself of with the assistance of others. As a sole incumbent, he has greater responsibilities, as he acts with little supervision and maintains his' area in good repair. However,' there is not as great breadth in the description of the grievor's current class standard to include making assessments, .estimates, creating budgets and making recommendations that he is required to do. Page 16 The Maintenance Carpenter Class Standard also does not provide for hiring of equipment which is then operated by local contractors. The Maintenance Carpenter Foreman/Woman position more accurately describes these functions of the grievors when it states: "the~ hiring and supervision of local tradesmen on site of temporary projects is involved. The work is subject to review for satisfactory quality and compliance with directions or with plans and specifications." The grievor's functions in this area go beyond the scope of ' inspecting, which function is included in his class standard. Although the time spent on these functions is not great, the nature and quality of the functions significantly change the nature of the grievor's job. These additional duties are outside the grievor's current classification. Although these tasks are referred to in the Maintenance Carpenter Foreman/Woman Class Standard, the grievor does not supervise employees working at the journeyman level, a necessary feature of that standard. Accordingly the grievor cannot be classified as a Maintenance Carpenter Foreman/Woman. We therefore uphold this grievance and make a Berry order directing the employer to create a new and appropriate classification for the grievor ' s position effective from twenty-days prior to the filing of the grievance, Page 17 We will remain seized in the event there is any difficulty with the implementation of this decision. D~ted at Toronto, this26thday of August , 1992. B. A. Kirkwood, Vice-Chairperson Peter Klym, Union Member "I Partially Dissent" (partial dissent attached) Michael O'Toole, Employer Nominee f '~ Po~IIIOil SpectllcnUon & CiDss ^llochllo,l.CSC 0150 colllj~Jl LlO[I ~ [NTEHA~CE CARI;[,'i'ER ] ~- 573S-2f, I'~4~SFOflTATI O~ NOR'rIII{RN i ~ Seasg.a[ i .,ervi,:e5 .]upervi~nr per~otm sk~JJe~ mo.ua~ york aC Lhe jo,.'.erma,. [eve[ i. Lhe pI...in~,' Jail.g-out b~ildi~Os a.d In the cu.strucLiu. [ietd-per[ormn skilled carl,uiit, rr duties s.ch ns: , - (ormins, poi~ti.8 a.d levellin8 cc,,icl'eCe tut (oufidatiofl /loor~ llJstalli.g -constructinI ~uode. sign ~Lm)ds ami l~rockecs, Lruck crates. - shl,gl[ng reels, repairS,g salt sheds ami domes, reJtOil'JJlS/rel:[acill~ JIardvare SLJCh as locks, hinse4 and glass; - underCakifl& sheer meLal yorkI tutti/tel'our LraiJer - per[orai~ preven~aciee mai~te.a~ce, repairi.g or n~si.sti.g o~erhead doors, insCalli.8 vid{do~, dnurs end i.,suln:io.s; - i.stalli.8 arid repairing i~lu~bill~ a[stees ofld related - re.o~acin8 buildS-8 l.tertor~, i .../7 ~sses5to. o[a cetL~[tcaCe o[ q.n]J[LcnLi(.L ill carpe. Lr2 [rom Lhe NL.LsLr~ o[ Ski)is Xopmenc. I'osses~to. O[a valid' Class 4'b~' U. LarJu JhJver'5 Lice.re v~Lh afl accet, knhle lvhtg record aad a~ H')'0 ol~ratur~s i~'rmtt. Coed ~urki,~fi ~.o~Jed~e .[ Luols, eq.ipme. L. thuds and practice~ ~ the car~,j[rv Lrade .... /2 ~ocks under general supervision and cat-rios' ou~ assignments v~th all accepted practices and wikhin saEety standards. Provides :raining'and guidance to apprentices and seasonal help. hlstructlo,ls for compietl.g l'orm CSC-6150  ' Cade ~ F~.~ I ~dlf. t= ' ~of co~ing Scb, lirs. WoFk Ins[motions I, _ ~Wele ~t ~a Im fl.P.T. Po~mnl ~y, ~ see~, [ PerJorms other ~e.eru[ thi[~s such t - ensur/n8 compltaflce v[th bull~Lf, g codes o.41 ~orkp~ce safety sca, ndatds; ~Jott~ ~or ~[flte,,ance a.d repair; ~- provtd~n8 teCllnLca] dtreccLon a.d g. Ldo.ce to ocher sta~/, appre,,tJceo, corl)e,,Cer heLper~ o,~ seaso~at $- ~tnLat~J.8 records o[ ~[erial, ~qulp~n~ arid Jobo.r used; ::~I 'ell serviced ~nner; ~ operatin~ service velllc[es used lot trauspartJ.~ t~ols arid ~lertnla. ~ &. Participates ~n the preparntJon nml revLev o( Periorea.ce ~IL~ & XH~E (co,,C'~) Co la~ouC end or;ontze ~ork ~ro~ co,,scruct&on bluepr/nts n,d specl[tca~lo,,~. to train and L.strucc sta~E. ~flovJedge o[ Job related 'aret7 requtreme.ts. Hnfl.a[ dexcerlt2 vic', the ut,]LtL7 'ofl~tt~ofls end a~ hetgllCs, l)hyslcal cnpobilLty to I,ur~orm 't: ' l~oc~ ~-~.~e elis.es ~olve ~t~ce work ~, ~ o~ ~ &. ~ p~a~lto~ ~or ~*i~o~ ~ere "~e~ B~d" ~e8 are re~r~. ~e ~a~e~ee ~ec~anic ~e~es,' Bowever, 'consists ~ four levels: ~elper, ~prover. Jou~ey~n ~ M&~e~ce Fore~. ~i~ eerie~ . to' a jou~ey~ level ~,i~on, provided a vacancy e~sts ~ a~ ' .,.TO cover atmation~ where ~ere is a ~c~irem~ for ~ skills a~ a partic~ar cra~e but where such skill~ are ~e~ire~ fo~ less ~an 60% ~t specific trGde, . · · . " To provide for su~e~iso~ responsibilit~ over a var~e~ of =a~er ~an ~o~e of on~ spec~ied sk~ed ~rade. specific trade, e,~.. repair o[ tripods ~d survey c~Gins, ~e~ir ~/nt~ of b~i~ges; re,air ~ re-fini~hin~ of canoes an~ boats; ~ ~st cases, i~ ~l of ~ese c~asses, to ~ali~y for ~he fore~n relev~t ~rades c-[~ss, In some ~sitiofls however, ~e duties involve ~e P~m~mble - .. tc~e ~m~e of ~y st ~e ~rk projects ~e~ired o~ ~.[~aa ~eca~ ' ~ ~eie claslet, a zela~vel~ l~tje ~er o~ ~oca~ons ~!, ~nev~bly, ~ a~c~ .M a $rea~r or ~el~r.desfee. T~ ~easo~g'~o~'o~d ~ · e~ ~e du~es of ~ &~ica/~e[~ous ~o ~e ~d a~ level ~ 8~110 c~[ed [or by ~e d~on o~ ~e class .a~ed, shoed be caref~ly dot--anted S~oo[, A~t Occupa~oa~ Castro, ~e~tor7, Tra~g SC~I or ei~ar m.~mtions, ~e ~bea:a may be provid~ ~ pa~ent, resi~eh~ trainee temper~ent'an~ so far as is ~ssible, to ~re~ do~ ~e ~rk ~to ~eJ~ helpers are ca?able of perfor~. T~is supervision of patient, resident, 'trainee or i~te heI~rs ~oe~ no~war~$~t allocation ~o ~e ~ore~ class, trades class must be' ~pervised to warrant ~e Foreman alloca~on. EXCLUSlON$: ~n sore. positionS, ague of ~e ~u~s ~Uvo[ve a ~e~e o{ ~e ~ki[~ or skills' usually associate~ wf~ one or more of ~e sk~le~ trades. ~owever, Such ~si~ions are covered b~ special 'classes or cI~ss series such Agricultural Wbrk~r; Electronics le~nicia~: ~lectr~nico ~[~hway ~qutpment ~erator; Lineman; Sign PGinter; Ranter etc., and are excluded from ~e ~ten~nce Tr~es Ja_n_,~a?y _ 19~7 PARTIAL DISSENT RE: 889/91 OPSEU (Ethier) and the Crown in Right of Ontario (Ministry of Transportation) I concur in the determination by the majority that the Maintenance Foreman/Woman Class standard does not fit the grievor's job. However, I disagree with their conclusion that the grievor's job falls outside the Maintenance Carpenter Class Standard. The majority reason to the above conclusion (at page 15) on the basis that the grievor is required to create budgets,~ plan all the carpentry for the area and make recommendations to his supervisor and that these functions are in addition to, and require a level of responsibility, that is beyond the Maintenance Carpenter Class Standard. The Majority also find that the grievor's duty of hiring equipment for use by local contractors is outside the scope of the Maintenance Carpenter Class Standard. The analysis of the majority is directed to the issue of whether the above added duties are of a quality that is substantially different from that contemplated by the Maintenance Carpenter class Standard. The majority are quite correct in so directing their analysis. In my opinion, however, their analysis fails to appreciate the true breadth of responsibility envisaged by the Maintenance Carpenter Class Standard and, in particular, Part II, sub-clause (iii) thereof dealing with sole incumbents. In support of this submission i will measure against the latter provision each of the added duties referred to above. BudGet Creation Admittedly, this duty is not expressly set out in sub-clause (iii). I submit, however, that 'it necessarily inheres in a bundle of duties that is expressly mentioned,- namely, "estimate the quantities .of material and labour required; plan and lay out the work; maintain an adequate stock of supplies on site;" Read as a whole this description has a very broad scope. Essentially, it sets out all the basic skills involved in preparing a budget. Stated differently, an individual having the above skills is capable of creating a budget. Therefore, it is not unreasonable to interpret the Class Standard as implying the ability, to create a budget. The above approach is consistent with the following criteria for classification set out by Vice-Chair Roberts at page 7 of Parker 1528/88, (and approved by Vice-Chair Low at page 8 of Booth 192/90 and by Vice-Chair Fisher at page 5 of Boulanqer I 1038/90),: ,,in classifying a job, the "Typical duties" set forth in the class standard are not the sole determinants of classification. Consideration also is given to whether a class Standard is most appropriate to a job in terms of level of responsibility, complexity and qualifications of incumbents." The evidence in the case at hand falls far short of establishing any substantial difference between the level of responsibility, complexity and qualifications required to create a budget and that required to perform the express duties referred to above. Planning Ail Carpentry I submit, first, that this duty 'is, in essence, included in budget creation and, accordingly, the comments made above apply. If I am wrong with respect to the above, I submit that this duty is expressly captured by the words "plan and lay out the work" as well as by the words "keep account of materials used and repairs, fabrications, construction, inspections, etc., effected for all work in the Carpenters' trade carried out at the establishment concerned..." The term "all work" in the latter phrase casts the widest possible net in terms of carpentry work and therefore surely captures the planning of such work. Making Recommendations I submit that this duty is inherent in each of the functions specifically enumerated in sub-clause (iii). In other words, the requirement to perform a function necessarily implies a requirement to make recommendations with respect thereto. Moreover, the majority themselves implicitly recognize this (at page 14) when they state "Due to the grievor's journeyman skills he is able to make recommendations on needed repairs." Hiring E~uipment It would appear that this function is performed quite infr. equently. Moreover, there is no evidence that it requires a level of skill or responsibility that is substantially different from that contemplated by the Maintenance Carpenter Class Standard. In conclusion, I do not regard the above duties of the grievor as significantly altering the core or essence of his job. In the result, I would have found that the grievor's current classification is proper and dismissed the grievance. M. O'Toole, Member July 30, 1992