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HomeMy WebLinkAbout1991-2680.Scott.93-05-22 ONTARIO EMP£ OY~'$ DE LA COURONNE CROWN EMPLOYEE$ OE L'ONTARIO da, GRIEVANCE C,OMMISSiON DE SETTLEMENT REGLEMENT BOARD DES GRIEFS rSO DUNOAS STREET WEST, SUITE 2?00. TOF~ONTO, ONTARIO, M5G fZ8 TELEPHONE,rT~I.~PHONE: (4~6) 32~ ~388 TSO, ~UE OUNDAS OUEST, BUREAU 21~, TORONTO (ONTARIO). MSG ~Z8 FACSIM~LE/T~COPIE : [~6J 32~ ~3~ 2680/91 IN THE MATTEB OF ~N ARBZTI~TXON Under THE CROWN F~PLOYEEB ~L~CT/~ B~XNZNG ACT Before - ~6 - The Cro~ ~n R~h~ o~ On~ar~o (H~n~s~ of Community ~ Soc~aZ SedUces) B. ~ood V~ce-Cha~e~son H. L~on9 H. O'Too~e He. er FOR THE M. McFadden GRI~OR Counsel Koskie & Minsky Barristers & Solicitors FOR THB S. Mason RESI~NDBN'~ Counsel Legal Services Branch Ministry of Community & Social Services ~ZNG November 5, 1992 DECISION The grievor is classified as a Maintenance Mechanic 2, Improver level, at the Midwest Regional Centre ("MRC") a facility for mentally retarded persons at Palmerston. The Grievor claimed that he was improperly classified and seeks reclassification as a Maintenance Mechanic 3. The parties agree that the Position Specification that was in place at the time of the grievance was not accurate. The parties agreed that the Position Specification dated February 7, 1992, was to be relied upon as if that Position Specification had been in place at the time of the grievance. The Position Specification referred to and relied upon is annexed and attached to this award as Appendix "A". The grievor admitted that the Position Specification was accurate with the exception he had an additional responsibility to order .parts from the storage room as needed for his repairs. The Class Standards for Maintenance Services is prefaced by a general description which includes the following: MAINTENANCE SERVICES CATEGORY This Category includes: - positions in the general skills and trades area involving the performanceof unskilled, semi-skilled and skilled work relating to one or more of the trades and/or involving the operation and servicing of equipment or vehicles. These positions entail such duties as the fabrication, alternations, maintenance, and the operation or repair of buildings, structures, roads, grounds equipment or vehicles ..... Page 3 The preamble to theMaintenance Trades Series states: Preamble MAINTENANCE TRADES CLASSES Although work in the field is not 'precluded, most of the positions allocated to these classes involve maintenance work on, in or about a Government institution, building, or field office or other establishment or its associated equipment. Some positions may also involve construction, or alterations to structures or the installation of new services or equipment. Most of the classes are grouped in two levels, i.e. Journeyman and Foreman, with provision for positions where "lead hand" duties are required. The Maintenance Mechanic series, however, consists of four levels~ Helper, Improver, Journeyman and Maintenance Foreman. This series is intended to cover the following situations ~ 1. To permit recruitment, of employees with limited formal educational qualifications, whO, through on the job training and experience, may progressively acquire knowledge and skills which will allow them to advance to positions involving more complex work and, eventually, to a journeyman level position, provided a vacancy exists in an appropriate position. 2. To cover situations where there is a requirement for the skills of a particular trade but where such skills are required for less than 60% of the ti~e and thus do not warrant the establishment of a position, in that specific trade. 3. To provide for supervisory responsibility over a variety of skills, rather than those of one specified trade. These classes may also be used to cover positions involving work requiring various degrees of manual skill, but not normally associated with a specific trade, e.g. repair of tripods and survey chains; repair and painting of bridges; repair and re- finishing of canoes and boats; operation of a water and sewage disposal system. In most cases, in all of these classes, to qualify for the foreman level the position must involve the ^ Page 4 supervision of at least two journeymen in a relevant trades class. In some positions however, 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. Foreman positions are limited to one incumbent. Where two ~ or more incumbents share responsibilities of a position which would be classified at the Foreman level if assumed by one incumbent only, the position will be classified at the journeyman level. In all positions in the maintenance mechanic or trades classes, the incumbents must devote at least 60% of their time to maintenance or skilled trades duties. The grievor's position of Maintenance Mechanic 2 is described by the standard as follows: MAINTENANCE MECHANIC 2 This class covers position where the employees are engaged in semi-skilled work in tasks usually associated with one or more of the .skilled trades, or in semi- skilled handyman duties., in the maintenance of a Government building, institution, field station or other establishment and its associated equipment or services, or in the field. Employees in this class are sufficiently skilled to perform a variety of tasks under general supervision, where the quality of the completed work does not warrant the services of a qualified skilled tradesman. These~employees use power and hand tools as required and their work is reviewed for an evaluation of the skill attained and quality of the completed work. Assignments become more difficult and the degree of supervision lessens as the employee acquires increasing skill. These employees must be engaged in maintenance work for at least 60% of their work time. These employees may assist skilled tradesmen in the performance of their work by substituting for them in completing the routine tasks associated with the trade or they may assist maintenance mechanics and skilled tradesmen in a variety of mechanical tasks. Under general supervision, these employees perform such tasks as: repair walls, windows, frames; repair electrical appliances and equipment; lay floors; erect partitions, fences etc.; fabricate relatively uncomplicated sheet metal parts; make minor repairs to vehicles rePai heating and water pre sure equipment repair garage"doors; repair bridges, culvertsl assist with the repair of electronic equipment; operate sewage and water supply plant for a small institution (less than 500 patients, residents or inmates); repair and re- finish boats, canoes, etc.; build backs for gravel or stake trucks, repack'valves; install water or steam radiators; repair leaks in steam or water lines; replace boiler tubes; repair stokers; bend, thread and install conduit; replace wiring, BX, etc.; repair and install switches, junction boxes, etc.; lay carpets; install drapery track; strip furniture and re-tie springs; make and repair blackboard; repair wheel chairs, beds, kitchen, playground and gymnasium .equipment; weld and solder tractable material; prepare surfaces and apply paint; service internal combustion engines and carry out running repairs; shape metal parts to acceptable tolerances; apply piaster; service air-conditioning or refrigeration equipment; and they perform such other tasks as are required within the limits of their skills and competence. They may be required to train and supervise less skilled employees and such patient, resident, trainee or inmate helpers as are assigned to the~. QUALIFICATIONS~ 1. Elementary school education, preferably with some training in the use of common hand tools and power equipment. 2. At least two years' experience as a Maintenance Mechanic, Helper, or a combination of formal training and experience acceptable to the Civil Service Commission as the equivalent. 3. Ability to understand simple plans, diagrams, blueprints and to carry out written or oral instruction; mechanic aptitude; demonstrated ability to perform a variety of semi-skilled ~echanical tasks; good physical condition. The classification which the grievor seeks is described as follows= MAINTENANCE MECHANIC 3 CLASS DEFINITION: 1. This class covers positions where the employees are engaged for at least 60% of their working time, in general maintenance work requiring the application Page 6 of the skills and knowledge generally associated with one or more of the skilled trades. Under the general supervision of a Maintenance Foreman. Buildings Superintendent, Maintenance Superintendent or other person responsible for the maintenance of a Government building, institution, establishment and associated equipment and services, or in the field, these employees are required to complete assigned tasks according to acceptable standards oX quality and production. Employees in positions in this class may be personally qualified in one of the skilled trades but the requirements of the position usually entail the use of that trade not more than 40% of their working time. Positions allocated =o this class involve a variety of maintenance tasks requiring the use of skills and knowledge usually associated with trades such ass- carpentry, painting, plastering, welding, tinsmithing, steamfitting, plumbing, bricklaying and masonry, electrical, machinist, crc.where the complexity of the work assigned and the quality of the finished work, or the percentage of work time involved does not warrant inclusion of the position in one of the skilled trade classes. Incumbents of these positions may be required to train and supervise ~anual workers and less skilled maintenance staff and they may be also required to train and supervise such patient, resident, trainee or inmate helpers as are assigned to them as helpers. They perform related tasks as required, working individually or assisting other tradesmen or maintenance staff. This class covers positions having responsibility for .the installation, adjustment and serving of oil heating equipment or for the operation of a sewage and water plant for a large institution (more than 500 patients, residents or inmates) including supervision of any subordinate staff and patient, resident or inmate help... II. This class also covers positions where,- (i) There is only one position, having one incumbent, in the Maintenance Mechanic, Journeyman class at the establishment concerned; (ii) supervision over 'the position is no__~texercised by a position classified as Maintenance Foreman, or in 'one of the skilled trades classes and Page 7 ' (iii)the sole incumbent in. addition to performing the duties of the Maintenance Mechanic, Journeyman (1), must establish 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 Maintenance Mechanic, Journeyman class carried out.at the establishment'concerned. O__R, positions at establishments where,- (i) there are only two positions in the Maintenance Mechanic Journeyman class at the establishment concerned; (ii) supervision is exercised over neither position by a position classified as Maintenance Foreman, or in one of the skilled trades classes and (iii)the one incumbent of pne of the positions acts as lead hand and is required in addition to' performing the duties of a Maintenance Mechanic, Journeyman (1) position, to 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 Maintenance Mechanic, Journeyman class carried out at the establishm~_-nt concerned. Employees in this class must devote at least 60% of their time to general~aintenance work as in Maintenance Mechanic, Journeyman (1). OUALFICATIONS: 1. with knowledge of hand Elementary school a tools and power equipment. 2. At least five years' progressive experience as a Helper and Improver; or completion of the' required apprenticeship training in one of the skilled trades and certification of completion by the Department of Labour; or successful Page 8 completion of the applicabl~ Civil Service Commission t~ades test, 3. Ability to work from fairly complicated blueprints and specifications; ability to instruct less skilled assistants; ability to perform a variety of maintenance tasks employing hand tools and power equipment without supervision; good physical condition. Union's counsel submitted that the tasks which the grievor performed were greater than those of a skilled handyman as contemplated by the Maintenance Mechanic 2 description and were tasks associated with skilled trades referred to the Maintenance Mechanic 3 class standard. Tasks which the grievor relies upon as bringing him outside the class standard are repairing items such as carpets, plate rings, ceramic tiles, rubber baseboards, wood scrubbers, cupboard doors, stainless steel corners, vacuum cleaners and some kitchen appliances, furniture, storm windows, tile flooring, steel screens, outhouses, painting floors and walls, installation of curtain rods,'repairing concrete. Union's counsel submitted that skilled trades are involved in the grievor's duties as follows~ Skil~e4 Tra4.~ Duties Carpet installauion Carpeting Tinsmithing, metal work Stainless steel and Metal Repairs Masonry, carpentry Ceramic Tile Metal working, tinsmithing Cupboard Doors Carpentry, woodworking Furniture Repair Carpentry, Metalwork . Screen Door Repair Painting Painting Masonry, concrete repair Concrete Repair Appliance Repair Mechanic Small Appliance Repair Union's counsel further submitted that the grievor worked independently and without supervision, which was outside Page 9 the Maintenance Mechanic 2 class standard, and therefore fell within the Maintenance Mechanic 3 class standard. The Union claims the griever's regular job duties at MRC better fit the class standard for Maintenance Mechanic 3, or alternatively his job specification insufficiently captures the essence of his regular job duties and the Employer must, as a result of a-Berry order, create a new classification which accurately captures the griever's job duties. Union's counsel also submitted that the griever's job duties were substantially similar to those performed by Mr. Bob Howse, a Maintenance Mechanic 3 and an incumbent at the facility. However, the Union withdrew the usage argument on a without prejudice basis with the agreement of the employer. Accordingly, this decision will.only consider the class standards argument. Employer's counsel argued that the tasks enumerated in the Maintenance Mechanic class standards were more mundane than the tasks required of a Maintenance MeChanic 3 and were at the level of a semi-skilled handyman. He submitted that the level of skill of the Maintenance Mechanic 3 was greater than that of a semi-skilled handyman, but not as great as a full-time skilled tradesman. The Employer took the position that the Maintenance Mechanic 2 properly described the griever's duties. · The onus is upon the Union to establish that the tasks that the grievor performs fall outside his present class standard. The preamble emphasizes that the purpose of this class series is "to permit recruitment of employees with limited formal educational qualifications, who, through on-the-job training and experience, may progressively acquire the knowledge and skills which will allow them to advance to positions involving more complex work and, eventually, to a journeyman level position, ..." The preamble to the series points to four levels, the Helper, the Page 10 Improver, the Journeyman, and the Maintenance Foreman. Therefore, when the Maintenance Mechanic series is looked at in its totality, there are four levels which are distinguished by the level of skills and knowledge needed to perform at each level and the increasing complexity of the tasks. The Maintenance Mechanic .2 class standard provides an extensive list of tasks that are included at this level. The list is not exhaustive and therefore exemplifies the types of tasks involved at this level and the level of skill necessary. The diversity of the tasks set out in the Maintenance Mechanic 2 class standard demonstrates that the employee uses his knowledge from a wide variety of different skilled trades, from carpentry and electrical skills, to masonry and metal work to perform assigned duties. Although the tasks as described, draw upon knowledge of the skilled trades, their specific reference establishes the skill level of this position. The skills needed represent those used by a semi-skilled handyman as described in the first paragraph of the standard. Because of the progressive nature of the standards, the Maintenance Mechanic 3 class standard, will require a greater level of skills than the skills required to complete these tasks referred to in the Maintenance Mechanic 2 class standard. Therefore, although the grievor may rely upon his knowledge of various skilled trades, if the grievor performs the tasks listed, or uses skills at a comparable level, he is properly classified as a Maintenance Mechanic'2 and cannot be classified as a Maintenance Mechanic 3. Although the grievor is certified as a painter, his job requires little painting as the department has a painter. Instead, the grievor is asked to perform a wide variety of tasks at a semi-skilled level, and of which many of the tasks are specifically referenced in the class standard of the Maintenance Mechanic 2. Page I 1 Many of the job functions .the grievor relies upon involve working with stainless stee! or metal. The level of skill however, is that of a handyman. Replacing or straightening doors requires the grievor to take the doors off their hinges, straighten them if they are metal doors, bend them into shape, replace the hinges and put catches on. The grievor also cleans the surfaces of metal plate rings which are used to hold the patients food, and then arranges for broken sections to be soldered. The metal work that the grievor does is included in "shape metal parts to acceptable tolerances." It also includes "soldering and welding" as referred to in the Maintenance Mechanic 2 standard. The grievor repairs outhouses. This involves the same knowledge and skills associated with 'repairing walls, windows and door frames' as set out in the standard, although it wii1 not be as complex as to require plastering. The grievor repairs'some kitchen equipment, such as a blender, which requires him to follow manuals, to .replace parts and solder when necessary. These duties are encompassed by "repair electrical appliances and some equipment" and "soldering and welding." similarly, the grievor's involvement in repairing a 'wood scrubber' is to replace parts, such as squidgy brushes or a hose, and not to do repairs upon the motor. Although the grievor uses manuals to repair equipment, we find that .the qualifications of the Maintenance Mechanic 2 properly describes this requirement when it states that the employee has to. have an "ability to understand simple plans, diagrams and blueprints". The grievor admits that he does nOt have to work from blueprints, which is a greater qualification for the Maintenance Mechanic 3. The grievor is able to prepare various surfaces whether it be concrete, wood or metal, he is able to clean them and Page 12 replace them with unbroken material. Removing ceramic tiles or baseboards, cleaning the surface and gluing tiles, may involve a different process than removing tile flooring, which requizes using a torch to heat the glue, to clean and replace the tiles, but the level of skills is no different. The level of skills involved is not greater than soldering or welding. It is also included in the standard when it states "To prepare surfaces and apply paint", which does not limit the type of surfaces that the employee must be able to prepare. In order to paint, whatever the surface is~nas to be cleaned. Although the grievor has only laid carpets once, the techniques that he has to draw upon in repairing and replacing sections of carpets will be the same. The surface in either case has to be cleaned and prepared before new material can be placed on the floor. We find that these skills would be included in the skills required in the standard to "lay carpets." Although the curtain rods that MRC uses are placed between glass, the skills required of the grievor to design and install drapery track are included in the description to "install drapery tracks." We find, when reviewing the tasks that the grievor alleges are outside, the standard, the tasks are either specifically referred to in the Maintenance Mechanic 2 category or are tasks that draw upon similar processes and skill levels. The tasks which are specifically referred to are: Repair walls, repair electrical appliances and equipment, lay carpets, install drapery track, repair kitchen equipment, weld and solder tractable materials, prepare surfaces and apply paint, and apply plaster. In reviewing the other tasks the grievor relies upon, we find that they are alike nature and describe the work of a semi skilled handyman as described by the Maintenance Mechanic 2 class standard. ~e ~ind that the level of independenc~ which the grievor exercises is within the scope of a Maintenance Mechanic 2. We do' not accept that the absence of supervision and direction on how to do the tasks, distinguishes him from a semi-skilled handyman. The foreman selects the tasks that the 'grievor is capable of performing. The foreman assigns specific tasks to the grievor by. placing work orders within his mailbox. Once received the grievor works independently and performs the work without review or supervision. Although the grievor may prioritize the tasks, the tasks are still within his skill and 'ability of a semi-skilled handyman. The level of independence that the grievor demonstrates is reflected in the Maintenance Mechanic 2 class standard when it states, "Assignments become more difficult and the degree of supervision lessens as the employee acquires increasing skill". Similarly, the inclusion within the level of Maintenance Mechanic 2 that the employee may be required to train and supervise others implies that there is a level of independence that the employee must be able to achieve to perform this function. In summary, we find that the skills of the grievor, and the duties he performs, squarely fit within the classification as a Maintenance Mechanic 2. This grievance is dismissed. Dated at Toronto, this 22.d day of March, 1993. Michael O' Toole, Employer Member IMPROVER m 27-676~-30 l s~,: Im;rover I 17-6760-30. ~lntenance ~cheflic 2 Co~unit~ and Social Services Operations: Southwest Reqiofl Box 400, Pal~rston, Ont. flOG ZPO( 67604 Mt~western ReQional Ceotre NO. el ~m ~ Pf~t ~ i~Mp /".".m'-I ':r-- ]~(ntenaflce Foreman/Woman To assist the skilled tradesmen t~ complettAg general and preventive maintenance tasks an~ personally perfo~ s~ectftc m~lntenance ~t~ assignments, I. Perfoms a wide varlet~ of repair and general maintenance tasks regufrtflg knowledge tn many of the trades: -dismantltfl9 defective equipment, replacing parts, re-ass~blin9 and test running -carryin~ out routine t~spectiofls 8nd lubrications orators, compressors, etc. -carrytn~ out various painting projects 60% -preparing w~lls and ~od~rk for ~aint(n9 -replacing or ~pmtrtn9 handles, installing weather stripping -making safe any doors or windows that beco~ ja~d or broken -installing, repmtrtfl9 Qr repl~cin9 winU~ screens and/or frmmes ~ere ~qutreU -carrying out ~ny c~ncrete/plaster repairs or smaller concrete coMtructton, -assisting plier, ste~mfitter, electrician as requi~d -ensuring that sofety p~ecaut(ons a~ ~lntained durtn~ ~ll projects undertmken -repair carpet 8n~ floor coverings and ceramic tile ~. ~int6tntn9 tools, equt~nt, mhd ~lated records by: -lubricating po~r equt~nt, ~le~ntn9 tools, equtp~nt and brushes 10% -periods 9ener~] ~lnt~Mnce th~ughout the facility. 3. Food Service Equtp~nt: Checking and maintaining equ(~nt 2S% -lubrication of~tors -s~l~eriA9 Of pmrts, pOtS, ~nS, te~ pot lids, stminles) steel lids, other utensils that require fixing ~en b~kefl including silver soldering . -checking and ~trtn9 ~f hot c)rts (~ti~ucd o~ Technical background: famlltar with ~th mst trades, hand tools and po~r equt~nt; ability to understand ~c~ntcml Syst~s ability to carry out written and or~l instruct(offs; ability to ~rk tfldepen~fltly~ 9~d physical condition; ~ersona) suitability. Oimm L. Bender, Maintenance Fern ~ r~er, Ass ~. Admtn. H~npmanc~°urce~u~paclonsand O~ ~lh Ym~ Maintenance ~chantc ~ 93004 MS*O2B a. Under general supervision the incumbent carries out the more routine tasks and perfo~ing variety of semi-skilled h~nd~n duties, m. Assist tradesmen as required tn various tasks associated (n the perfo~ance of various maintenance functions. ~ [Acumbent periods duties such as: b~stc electrical ~rks, drl))i, n9 w~i)l, preventive maiAtenance; semi-skill carpentry end plumber/steamfitter ~rk {ia ~aSurtng, cutting, floor t(~e re,air, free blocked drains, etc.) and painting. :~ ~Q J ~ m ~ ~ R. Surgeoner.. Manager, ltuman Resources Inltructlon~ for completing form CSC-6150 Inltm~o~ for ~1~ Porn Menflfltr lnalmcti~, for ~tng Se~nll WoW re,od ~ . (3) Duties and related tasks (continued) -maintaining steam kettles -repairing meat slicers, lubricating and replacing parts ~ -repairing and maintaining Hobart Oicer -sharpening of csfl openers -maintaining refrigeration by checking door hsndles and seals' -maintaining food carts, lubricating, replacing wheels, checking bearings -ordering parts for food service equipment -spot checking va~lous item for good functlonin9 even when not in constant use -keeping records of work coBq)leted; Housekeeping £qu(pment: -maintaining, lubricating and replacing parts on scrubbers, polishers, scrub pails) vacuum cle&r~rs, ShAmp~rs -performs other rela~d duties. 4. Performs other related duties as: -maintain a clean and safe w~rk place 5% -assist in sewage pump house clean out. : -as required.