Loading...
HomeMy WebLinkAbout1991-2026.Araujo et al.92-11-02 ONTARIO EMP£OY~S DE LA COURONNE CROWN EMPLOYEES DE L 'ONTA RIO GRIEVANCE C,OMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS I80 DUNDAS STREET WEST, SUITE 2100, TORONTO, ONTARIO. M5G 1Z8 TELEPHONE/TELEP~o,'VE.. (4t6} 32E-1358 ~80, RUE DUNOA$ OUEST, BUREAU 2 IO0, TORONTO (ONTARIO}. MSG IZ8 FAC$iMILE/TEL~cOP~E ; {4 ;6] -326-~306 2026/9[ IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Araujo et al) Grievor - and - The Crown in Right of Ontario (Ministry of Government Services). Employer BEFORE· S. Stewart Vice-Chairperson W. Rannachan Member D. Clark Member FOR THE M. Webb GRIEVOR Counsel Gowling, Strathy & Henderson Barristers & Solicitors FOR THE G. Karayannides EMPLOYER. Counsel Genest Murray DesBrisay Lamek Barristers & Solicitors HEARING September 15, 1992 October 8, 1992 DECISION This decision deals with classification grievances of six employees in the position of Manual Worker/Driver employed by the Ministry of Government Services. The position specification for this position is attached hereto as Appendix A. The position is classified as Manual Worker. The Manual Worker class standard is attached hereto as Appendix B. It is the position of the Union that the grievors' current classification does not contemplate their duties in the areas of setting up of audiovisual equipment, large-scale moving of offices, the assembly of office furniture and independence of judgement. The. Union is seeking a "Berry Order", an order directing the Employer to establish a new classification for this position. It is the position of the Employer that all aspects of the duties of the.grievors are reasonably captured by their current classification and that the grievance ought to be dismissed. Mr. A. Shaw gave evidence as a representative grievor. We also heard evidence from Mr. J. Arruda, who is Mr. Shaw's supervisor. Mr. Shaw has been employed in his current position for two and one-half years. He is one of seven employees in the positon of Manual Worker/Driver employed in the legislative precinct. Mr. Shaw has taken some community college courses in electronics. As the position specification indicates, the duties of the grievors include setting up audiovisual equipment which 'includes large projection televisions, standard televisions, video cassette recorders, public address systems and overhead projectors. There are two types of public address systems, one involving separate components and the other consisting of one unit. The public address.system involving separate components takes up to one-half hour to set up while the system contained in one unit takes about ten minutes to set up. In setting up public address systems it is necessary to consider the acoustics of a particular room. Once a system is set up the grievors test it'to ensure that it is working properly by turning it on. The acoustics of a room may require an adjustment. If there is a problem in the operation of any of the ~quipment the grievors are expected to "trouble shoot" to determine the caUse of the difficulty. In this regard the grievors carry out functions such as adjusting the dials, checking connections and ensuring that fuses are functioning properly. If they are unable to determine the cause of a difficulty the matter is brought to the attention of Mr. Arruda. Training in the operation of equipment is provided by Mr. Arruda who testified that he carries out training by "taking them through" a set-up. There was some dispute in the evidence about the frequency of set-ups of audiovisual equipment. Mr. Shaw estimated that he spent approximately ten per cent of his time engaged in this type of work. Mr. Arruda testified that he estimated that slightly more than five per cent of the grievors' time was spent on this kind of work. There was some evidence suggesting that a Union representative had indicated that the grievors are engaged in this kind of work approximately five per cent of their time. Mr. Shaw testified that he has been called upon to participate in the moving of a number of offices, including a move involving approximately thirty-five offices. These moves are co-ordinated by Mr. Arruda. The furniture is marked with a code and the appropriate code is marked on a plan indicating where the furniture is to be placed. The plan is provided by Mr. Arruda. If a piece of furniture will not fit in its designated place Mr. Shaw will decide where to place it. If the occupant of the office-is not happy with his choice the piece of furniture will be moved again. Mr. Shaw also gave evidence about his duties in connection with the assembly of furniture. A piece of furniture takes approximately one-half hour to assemble. Written instructions are provided to Mr. Shaw however, he stated that: "we've done so many we can do [them] blindfolded". This kind of work is not performed on a daily basis. There was no real dispute in the evidence with respect to the kind of supervision that is provided to the grievors. The grievors generally meet with Mr. Arruda in the morning, at which time he assigns them their tasks for the day. He may provide simple di&gram~ indicating the structure of some set ups or he may simply give verbal instructions. For example, he may simply indicate that a particular room is to be set up "theatre style" or for a reception. Mr. Arruda testified that for the larger set ups he is generally present at some point to review the progress of the work. As a rule, he does not attend to inspect the work performed by the grievors in connection with smaller set ups. He testified that the grievors "know what to do" and that the quality of their work is "excellent". Mr. Arruda agreed in cross-examination that the grievors are called upon to "make quick decisions" to deal with problems. If there are difficulties such as the malfunctioning of equipment that the grievors cannot resolve, Mr. Arruda will deal with the.problem. He will determine Whether the equipment will have to be sent out for repairs or he may enlist the assistance of the broadcasting department. In classification cases where a "standards" argument is advanced the issue to be determined is whether the duties and responsibilities of a position fit reasonably within the class standard to which it has been assigned. As has been noted in many decisions of this Board, class standards are not designed to provide a detailed description of all of the duties of a· position. The position specification exists for that purpose. The class standard is intended to provide a w~ry general description of duties that a number of Dositons may involve. In considering a classification grievance it is necessary to decide whether the duties of the position in issue are captured by the general description contained in the class standard or whether the duties actually reflect a different job than is contemplated by the class standard to which the position has been assigned. In applying these considerations to the facts of this case we are compelled to conclude that the grievors' position is proDerly classified. It is clear from the evidence of both Mr. Shaw and Mr. Arruda that the work performed by the grievors is carried out conscientiously and efficiently. The fact that Mr. Shaw has some electronics training no doubt gives him an advantage in understanding the equipment that he deals with. However, we are not persuaded that the duties and skills of the position of the grievors are such that the position can be said to fall outside the class standard to which it is currently assigned. M~. Webb emphasized that the introductory paragraph of the Manual Worker class standard refers to "unskilled" manual tasks. In her submission, the duties of the grievors in connection with the set-up and testing of audiovisual equipment, the assembly of furniture and major moves cannot be considered to be "unskilled". In Our view, the meaning of "unskilled" in the context Of this class standard must be determined in light of all the examples contained in the class standard that are illustrative of the types of duties intended to be captured. As Ms. Webb pointed out, there are a number of examples.of duties that involve primarily physical exertion, such as shovelling, loading and hoeing. However, the class standard also refers to tasks of greater complexity that entail more than simply physical effort. These tasks include servicing incinerators,'operating hand trucks, the erection of building forms and scaffolding and the operation of power-operated posthole diggers and chainsaws. In our view, the nature of the duties and the skills required to carry out these tasks are comparable to the duties and skills of the grievors required for the duties in connection with the setting up of audiovisual equipment that it is claimed take them outside the Manual Worker classification. The duties of the grievors in connection with the assembly of furniture clearly fall within the types of duties contemplated by this.class standard. We note that there is a specific reference in the class standard to the moving of furniture and equipment. While the moue described to us as an example of the kind of move the grievors may be involved in was a large scale move, we are not persuaded that this kind of work is of such complexity that it falls outside the duties contemplated by the class standard. As previously noted, there was some dispute in the evidence about the amount of time the grievors are involved in the set up of audiovisual equipment for functions. It is unnecessary to resolve this dispute since even if we were to accept Mr. Shaw's estimate of ten per cent, we would be unable to conclude that the position is improperly classified. In Cardno, 530/88, (Stewart), a case relied upon by Ms. Webb in support of the Union's position, there was reference to the fact that certain duties entailed approximately ten per cent of the duties of the grievors and the conclusion in that case was that the position was improperly classified. However, in Cardno and in Beach, 816/86, (Fisher), a case relied on in Cardno, the references to a percentage of time performed in connection with certain duties are made in the context of a conclusion that those duties entailed skills that were not contemplated by the class standard. The issue in those cases was whether the duties were performed to the extent that they could be considered to be a core function of the position and thus whether the existing classification failed to encompass a core duty. However, in the case at hand we have concluded that the duties performed by the grievors fall within the ambit of the general language of the class standard. Accordingly, even accepting that these duties involve ten per cent of the work of this position, we are unable to conclude that the position is improperly classified. We agree with Ms. Webb that the supervision provided to the ' grievors cannot be described as "close supervision", which is referred to in the first paragraph of the Manual Worker Class standard. Indeed, there was no real dispute on this point.. However, as Mr. Karayannides emphasized, the class standard also refers to "general review", where repetitive tasks are involved. We agree with Ms. Webb that there are variations in the set ups of audiovisual equipment, the structure of set ups for functions and the placement of furniture in connection with moves. It is also clear that some judgement and initiative on the part of the grie¥ors is required. However, it is our view that the duties of the grievors can properly be described as involving repetitive tasks. Ms. Webb argued that the supervision provided to the grievors caanot be characterized as a general review as certain individual set ups are generally not checked by Mr. Arruda. We cannot agree with this submission. As previously noted, Mr. Arruda attends to review some jobs but he does not review all set ups and becomes involved in a particular project if a problem is brought to his attention. In our view, this kind of supervision is encompassed by the reference to a "general review". For all these reasons we are not persuaded that the position of the grievors is improperly.classified. Accordingly, the 9 grievance is dismissed. Dated at Toronto, this 2nd day of November, 1992 S, L. Stewart - Vice-Chairperson W. Rannachan ~ D. Clark - Member : ~ ~;, Position ~r -lllcalton & Class Allocatlon*C~ ~~t ~eu .~ty, Pretty ~eB~C " - .Tormeo ~8~mf ~Si.li~ P~ct ~8~lac/~ B~ld~g - ~'8 Par~ 69501 _ To ~;' a,~~ silL, f~t~e ~d ~pmnt, to oe~-up c~ttee ~d cauc~ - erecCinl phcfo~ for ,~cLa~ e~nts, SAteenS-~ nd TeMPs ba~Ler,~ - ~8LKLnI ~th ~Z~ed ,~ nmvt~ duties, e.8., ,hM~l/fl8 8n~l ~ .' p~2eec~ ~ nd f~p ~art. u &.~r~8 out rM ~d'oet~h~ ~8bXeo, ch/Fa, ~d o~her f~Lture · eC~u~ ~d decorates of all ~sC~ t~s Ln the bstslatLu Precinct; - pr~g b~Le fl~r p~ nd ls~ll~n8 of ~u~Lture v~ re~in8 for 3. Perfo~ other ~hted dutLet, s~h esr - eatttn~ lisp, ~ll~g ~t 'ca~te, operarin8 elevators ~d eloakr~ ~ ~d physical e~d/ti~ to lift ~d mw ~a~ ob~eeC8. Tsct nd discretL~ v~n del~8 ~th ~mn~ offLc~lo and ~rs of the publ~TM" . .......... (.~t'd) " ~.8~ /Vorke~ ~8608 m-O3B j 4. P~i~i~ il reep~sible for .~vtn8 furniture and 'office equipMnC end eeCctn8-~ e~CC~ r~us, etc., for various functions ~d perfor~ · variety of uuskilled ~1 e~ks /,~Lvin8 c~si~rable effort, e.8., ~n8 hea~ equLpMn~. u. ~s/Ci~ requires 8~11 for drivtn8 car or stall truck. and braced ele~inS ~d ~lish/u{ fu~/C~e, vacum~ng floors, e~c. ~ .eRin~ c~Ctee ele~/ng f~L~ure t~ ~ of Kora~ f~it~e md equi~t p~ok-~ ftm vav~ otore~ aresel trneporttng f~it~e md ~pmnt ~t:~ various buiAdLn~, L.e., ertl La ~ mrpa~l deii~rinS per~le nd paehp, for ~'e nd ~nioT ~fla~mnt ~d ~led~ req~d to p{rfo~ Job nt fuii ~rk/ns ieul: (~nt'd) Viilins to f~/ture lm~utm, - . · 'i; ~;.., ~.:~ '. , APPESIDIX B ' }~U.]UAL WORKF]I t'.L,%'~$ DEFINITION': D~p]o.¥ees in positions in this class perfm~.a~var.~ety of unskil.]~d m~ual tasks as~:isti~ technJci~s, tradesmen~ maintc~%;,mce~ h~lhwa}- or ~f~rest~- %'.- ?ke rs -. in ~outine assi~N%mc~ts. In most posit~ons, their duties in%'olrU ccnsidera%Ie physical effort and are closely super- vised. In s6me positions ~heir t~ks arc so repetitive as to o~? ~eneral ret-iow, In others~ they may be trainin[ positions for =ethnical duties. ~]e duties of these positions ~d their ~ediate supervision are in,!icatiYe of the work are~ ~ which khey are perfo~ed:- In some positions, in a mainten~ce area~ these emp]oyee~ shovel and spread co~ ~d operate a co~'eyor; collect and bum ~arba[e ~d refuse and clean ~d service ~ incinerator; rcmo%,e waste at a se~-a~e station ~d clean eater t~ksi clean combustion ch~bers and tubes in a 5oiler room: rcmo%,e paint or w~lpaper an4 wash ~d prepare wal].s for painting. In other positions, in a supply ~d cons 'ruction~area~ these employees unload and stockpile const~ction materials~ operate hand t~ucks: shovel ~ravel ~d mLx mortar; di[ ~d break cementl mol, e tools, mach~e~ cquip- meat: supplies and fum~i~urel erect buildin[ fo~s ~d scaffolding. In other positions~ in a forestQ- or l~dscapin[ area, these ees"assist tn weedin~ hoein~ transpl~m=inl, packin~ ~d shipgin{ =roes: cuttin~ brush and fir~'ood,- tr~in~ trees and clea~in~ underkrush. .-Ihe? ma}-. be reqt~ired to service pa~k comfort stations or occasienall)' _oFerate a t~ck or trac=or to clear sno~- or u~derbrush or .pick up and In other positions in ~ a~ricultur~ area~ these emplo}-ees~ planT' cu]civate ~d maintain flower ~a~ens. lawn,s and hedges; feed ~d tend ~als an~ roulcQ'~ clean cages, ba~s and equipment; load and dcliYer milk. food ~upplies, fa~ produce etc. In other positions, in a hi,a)- mainCen~ce area, these ~plo}-ees ~J.~ ~itrhns, clear culverts, shovel snow,sand, gravel, hoc an~ c~ld bit- t~ineu~ m~xe~: maintain ~ide posts ~-replacing, paintinq, aCtachinc ca~.]es: d~= post ho]es b~- h~a shovel or p~'er-operate~ post-hole ct~: nn~ tr~ trees and grass usin~ p~er operated chain saw, hand saws, h;md or ~mnl] power operated mowers, scythes· Operate spra)- bar of tar kettle when road patchin~ or crack filling..May be assigned to operate .l~:hc powered equt~ent up to 39% ~ ~y one season of the workin~ I. I.:le~nta~' school education. 2. 5o~ workin= ,:x~rience ~th lahourin~ ~ols.