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HomeMy WebLinkAbout1991-1920.Sheppard.92-08-27 ONTA RIO EMPLO Y~,S DE LA COURONNE '~ ~ CROWN EMPLOYEES DE L 'ONTARIO '" GRIEYANCE C,OMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS DUNOAS STREET WEST, SUI~ 2~00, TORONTO, ONTAR~. MSG IZ8 TELEPHONE/TELEPHONE:' (4 16] 326- RUE ~NO~$ OUE$~ ~UREAU 2tOD, TORONTO (ONTAR;OL MSG ~Z8 FACS/~ILEI~L~CO~E : (4 ~6~ 32E- 1920/91 IN THE MATTER OF ~N ARBITRATION ~nder THE CRO~NBMPLOYE~ COLLECTIVB BARGAININ~ ACT Before THE GRI~CE g~I~LEI4~i~ BO~:tD BBT~EEN OPSEU ($heppard) Gr~evor - The Cro~n in Right off Ontario (Ministry of Government Services) Employer BBFORB: W. Low Vice-Chairperson T. Browes-Bugden Member M. O'Toole Member FORT HE L. Harmer GRIEVOR Counsel Gowling, Strathy & Henderson Barristers & Solicitors FORT HE G. Karayannides E~PDOYE~ Counsel Genest, Murray, DesBrisay, Lamek Barristers & Solicitors HB]%RING June 5, 1992 DECISION The Grievor, Don Sheppard, is employed by the Ministry of Government Services. His position title is Maintenance Carpenter and he is classified as Maintenance Carpenter. Mr. Sheppard grieves that he is improperly classified. The class standard for Maintenance Carpenter contains provisions for three different types of positions, of which only two are possibly applicable. They are as follows: I. 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 other 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 instructions, 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. 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 houses, 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 boats, canoes, cabins, aircraft skis, tower cabins and hangar equipment; build'and repair signs and displays; repair and install locks 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-ordinate with other tradesmen and non-trades staff. 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 all work in the Carpenters' trade carried out at the establishment concerned." The qualifications required for the class standard are as follows: $ OU~LIFIC~TION~ 1. Preferably technical school education~ completion of the recognized apprenticeship in the carpentry or cabinet making trade and certification by the Ministry of Labour~ *or an acceptable equivalent combination of training and experience~ a good working knowledge of the tools, equipment, methods and practices of the carpentry trade. 2. Ability to work from plans and drawings, written or oral instructions~ instructional ability~ good physical condition. *Where the equivalent applies, the applicant will be required to successfully complete a Civil Service Trades Test. It is agreed that the position specification fits into the class standard. The position specification is appended as Appendix A to this award. Mr. Sheppard's grievance is based on the fact that he spends approximately 50% of his time engaged in hanging pictures and plaques, an activity which is not mentioned in either the class standard or the positio~ specification. It is the Union's contention that Mr. Sheppard spends only 50% of his time engaged in the activities mentioned in the position specification, and that picture hanging is unrelated to the activities contemplated in the position specification or in the class standard. It is also contended that the skills required in picture hanging are entirely different from those exercised in the carpentry trade, that the work of Mr. Sheppard is not supervised, and that the cumulative effect of the foregoing is sufficient to 4 take him out of the class standard. Mr. Sheppard's evidence is that he works at the Legislative Building and. Ton the first three floors of the Whitney Block. He is the sole incumbent of the Maintenance Carpenter position at these locations. He reports to Gabriel Dunlop, the Maintenance Supervisor, who in turn reports to Peter Lepper, the Manager of Legislative Services. Mr. Sheppard testified that the position specification accurately describes 50% o3 his duties. He works essentially on his own and does his own estimating of materials required for the projects which he executes, although he does not do financial estimates. He testified that the other half of his time is spent hanging paintings, plaques, and the like, for a variety of "clients" in the Legislative Precinct. These clients include members of the legislature, the Lieutenant'Governor and others. The Grievor acknowledged that in the course of hanging pictures and plaques, he uses a hammer, nails, measuring instruments and a level, all of which are tools employed in carpentry. He measures and considers matters such as weight and stress, using skills used in carpentry. ~e also exercises some aesthetic judgment in some cases. It is the Union's position that the exercise of aesthetic judgment in the hanging of pictures and plaques is not contemplated in the practice of the trade of carpentry or in the class standard. Mr. Sheppard also testified that because he works in the Legislative Precinct, and has access 5 to the offices of politicians and government officials and thereby has access to sensitive and confidential material in their offices, that he is called upon to exercise "high diplomacy" and must keep to a high level of confidentiality. He admitted, however, on cross-examination that he is under the same oath of confidentiality as is taken by all other public servants, and that the contacts that he has with political figures are contacts in passing only, and as may be required or incidental to the purposes of.performing his carpentry and picture hanging functions. ME. Sheppard also testified that apart from hanging the pictures and plaques of government officials, he is on occasion asked to hang an exhibit from the Art Gallery Of Ontario. This, however, is sporadic work. As for supervision or review of his work it was Mr. Sheppard's evidence that his work is rarely if ever reviewed, and that he does not work under supervision. He receives work assignments from Mr. Dunlop, and he priorizes and carries out the work on his own. It was also contended that Mr. Sheppard did consulting for project co-ordinators in the Ministry and reviewed the work of independent contractors. This was not borne out, however, by the evidence. Mr. Sheppard testified that it takes five years to obtain certification as a carpenter, and that to his knowledge there is no formal training in picture hanging. He indicated that he learned 6 .what he knows about picture hanging on the job chiefly, and that the skills used in carpentry are the same skills that are used in hanging pictures, as are the tools. Gabriel Dunlop, Mr. Sheppard's supervisor, was called on behalf of the Employer. Mr. Dunlop acknowledged that Mr. Sheppard was a very fine craftsman, and that he could count on him to do a good job. Mr. Dunlop testified that he had no time to inspect all of the work that was done by those wh6m he supervised but that he would inspect if it was a major project; normally he would not need to. As to the hanging of art exhibits from the Art Gallery of~ Ontario, he testified that the curator provided instructions as to where the piece was to go either by attending at the room where the piece was to be hung, or by leaving a diagram or marking on the wall or with oral instructions. The Employer also called the evidence of Steven Hrynevich, the Senior Project Co-Ordinator. Mr. Hrynevich testified that most construction projects are contracted out. The Ministry's internal services are used for day-to-day support functions. He testified that the work of independent contractors is reviewed by himself, and not by Mr. Sheppard, and that if there are deficiencies in the work of such contractors, it is the 7 practice of the Ministry to require the contractor to make good. There are essentially very few areas of factual dispute. The Grievor states that .he spends about 50% of his time hanging pictures, and there is no evidence to the contrary. The Griewor says that he is good at hanging pictures and plaques, and there is no evidence to the contrary in that respect either. That the Grievor on occasion rubs elbows with political figuresL is not in dispute, nor is the requirement that he maintai~ confidentiality with respect to anything he may come across in his travels within the Legislative Precinct. We find as a fact that the Grievor does not do consulting for the project co-ordinators, although he does answer questions when posed to him. We also find as a fact that he is not responsible for reviewing the work of independent contractors or for making good the deficiencies in their work. As for review or supervision, we find that there is general supervision by Mr. Dunlop and review of Mr. Sheppard's work on an as-needed basis. The issue is whether or not the Grievor's picture hanging activities fall within the purview of the language of the class standard. In our view, they clearly do fall within the types of activities contemplated in the class standard. Class standards are not intended or expected to be exhaustive descriptions of the various duties performed by employees allocated to the class. Obviously, such an exhaustive listing of duties and functions is more appropriate to the job specification, and indeed cannot be expected to be comprehensive even ih that document. The class standard is intended to be a general description of a group of positions which have sufficient features in common that they are classed together+ and paid at the same rate. In the case of the class standard for Maintenance Carpenter, there is clearly a contemplation that members of the class will perform duties mentioned in the class standard and others as the duties mentioned in the class standard are expressed as exemplary and not as exhaustive. In addition, it is contemplated that members of the class will assist and co-operate with other tradesmen and non-trades-~taff. More particularly, there is mention of building and repairing signs and displays. It is acknowledged that the skills used in picture hanging are the same as those used in carpentry. It is said that there is an additional skill, an aesthetic one, which is used in picture hanging. If the implication is that no aesthetic skills are to be exercised in carpentry, this is to underestimate that skilled trade which not only takes five years in which to obtain certification but also requires, 'when well practised, a keen aesthetic sense of line and proportion, form and function. There are carpenters whose craft rises to the level of art as there are carpenters whose work leads clients only to exasperation. Likewise, a picture may be 9 hung satisfactorily or not~ the result may please or not. But in both cases, there is scope for the exercise of aesthetic judgment, and in all circumstances where aesthetic judgment is a component, there will be room for disagreement~ as we have witnessed recently in the National Gallery, what is one mants meat may be another mants art. We are of ~he view that the activity of picture and plaque hanging is well within the purview of the' class standard, and that there is no significant body ofthe Grievor~s core duties which falls outside the class standard. We do not accept the proposition that because the Grievor works in the Legislative Precinct and therefore has opportunities of access to prominent 9olitical figures and the material in their offices, that he is by that reason under any different obligation of confidentiality than every other public servant. It should be axiomatic that the Grievor will not abuse the trust of confidentiality reposed in him. Neither the obligation of confidentiality northe Grievor~s feeling of obligation to conduct himself in a tactful and discreet fashion is of the type of matter to take him out of one classification and put him into another. One would hope that every maintenance carpenter in every location in the province would conduct himself with an equal degree of civility, tact and discretion and adhere to the same high standard 10 of confidentiality ss is practised in the Legislative Precinct.. Tact and discretion are desirable traits in a good employee but are not requirements of the job, nor of'the class standard. That the Grievor is a good emDloyee is not in dispute. That he exercises tact and discretion does not go,he proprie~¥of~he classification of his Job. For ~he foregoing reasons, ~he grievance will therefore be dismissed. . DATED this 27t:h day of August1992. w~ce-Chairp~rso.. "I Pa.~c/aLl~ Dissent" tc~lt~en d£asen~ to follow) T. BROWES-BUGDEN - Member D~C x0 '~ x4:~ ~. APPENDIX A  Position Spoafflc ~n & -- ~r ' ~in~enanae Canner t ~.~er [ le-412~22 , ~~e ~n~:_ 93024 ~ ~ ~:~' [ L. ~l~gimB CK~ ~arpe~ end reX&~ed vmrk 25~- p~epar~ es~m~ a~ ~f~tA~s - ~alL~ v~ c~ets for L 3. ~c¢o~ ~h~ ceh~ duties ~ role. 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