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HomeMy WebLinkAbout1977-0064.Pretty.78-07-12.., 54177 Between: IN THE MATTER OF AN ARBITRATICN under The CGOWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BCARD Mr. J. 0. Pretty And Ministry of the Solicitor General Before: Frofessor Katherine Swinton Vice-Chairman Mr. Andre Fortier Member Mr. Wm. !kalsh Member For the Grievor Mr. N. Luczay, Classification Officer, Ontario Fubiic Service Employees L'nion, 1901 YonGe Street, Toronto, Ontario For the Employer Ms. 0. S. Nagcl, Senior Staff Zelations Officer, Staff Relations Branch, Civil Service Commission, Toronto, 3ntario Hearing Suite 2100, 180 Oundas St. ii., Torcnto, Ontario, May 26t!i, 1973 -2- / Mr. J. D. Pretty grieves that he has been improperly classified as-a Radio Dispatcher (Civilian), Ontario Provincial Police, and that his job should be reclassified as a Radio Operator 2. Mr. Pretty is one of five employees with this classification working out of South Porcupine District Headquarters, District No. 15, Ontario Provincial Police. Five grievances have been filed, but only Mr. Pretty's grievance was heard by this Board. Mr. Pretty has held the position of radio dispatcher with the OPP since 1968. According to his evidence, his duties consist primarily of the operation,qf fixed two-way radios and the operation of a computer terminal (part of the Center for Police Information Computer or CPIC) and telex. He agreed that the position specification and class allocation form, Position Code 41-1505-03, dated May 19, 1978 (Ex. 4), described his duties. This form summarizes the duties and responsibilities of the radio dispatcher (civilian) as follows: 1. Operates fixed two-way radios for: a) sending and receiving messages between district headquarters, detachments and patrol cars regarding driving offences, accidents, outstanding warrants, criminal occurrences and other emergencies. Dispatches patrol cars to scene of occurrence, sets up road blocks at strategic locations and maintains radio contact with mobile units to determine locations and safety of police personnel. Responds to requests for emergency vehicles and calls for ambulances, tow-trucks, etc.Exercises judgement in determining action to be taken in , unusual circumstances and in establishing relative 55% priorities of requests received for information and action. 2. 30% 3. 15% -3- Monitors broadcast activities of mobile units and other fixed stations for compliance with regulations, reports infractions to supervisor. b) communicating with officers on patrol visiting certain coztal settlements and with OPP aircraft on police related matters. c) when MNR operators are not on duty, monitors for: (i) calls for OPP assistance (e.g. from park personnel). (ii) calls from OPP aircraft regarding aircraft.location, requests for weather reports, fuel supplies, etc. Acts on requests by making arrangements, obtaining and providing information. Operates CPIc terminal and telenet console. Sends and receives messages regarding internal administration, instructions, etc. Enters queries into and retrievesjiriformation from CPIC system regarding wanted or missing persons, stolen property, autos and securities, etc. Adds, modifies, deletes information in CPIC system. Assist police OffiCerS in completing input documents: Performs related duties such as: -acting as receptionist, receiving telephone messages, greeting the public, giving general information, recording complaints on evening and night shifts. Relieving receptionist during absence; ?recording all messages sent and received, maintaiibng various logs and records: -other duties as assigned. According to the grievor, he and the other radio dispatchers .operate on a rotating shift during which they have responsibility for operating three radios. One of these is the police radio. The other two radios, owned by the Min.istry of Natural Resources, are an HF multi- channel set and an FM multi-channel set. The police radio is used to -4- monitor other fixed stations and mobile units (about 70 patrol cars and an aircraft) on the police frequency and to dispatch patrol cars to accidents, criminal occurrences and~other emergencies. The HP and PM sets were installed in the South Porcupine District Headquarters in the Sumner of 1976. The HF set is used to respond to calls'for OPP assistance from park officers and conservation officials when Ministry of Natural Resources radio operators are off duty. According to the evidence of Lorne Hussing, Consaunicatjons Supervisor, Northern Region of the Ministry of Natural Resources, the MNR operators' hours were 7:00 a.m. to 7:30 p.m. in summer (and overtime whenever MNR aircraft were in the air) and 8:00 a.m. to 5:00 p.m. in the winter. The HF set was also used to communicate with police officers on patrol visiting native settlements on James Bay. The FM set, along with the HF set, was used for communication with aircraft. The radio dispatchers at South Porcupine were responsible for ground watch for OPP aircraft when MNR operators were off duty. When on ground watch, the operators would respond to calls from the OPP aircraft regarding aircraft location, weather conditions, or availability of fuel supplies. When MNR operators were on duty, the OPP radio dispatchers would communicate with the OPP aircraft about police matters, using HF, FM, or OPP radio. The aircraft was not used until the summer of.1976, when the "Northeastern patrol" was initiated to the native coastal settlements on James Bay. - 5 - Mr. Pretty estimated that radio-related duties occupied about 50-55% of his working time, with 30% spent on dispatching, l-2% com- municating with officers on northern patrol, 1% on assistance calls and l-10% communicating with aircraft (depending on the day and season). His Supervisor, Corporal Cooper, estimated that about 50% of the time would be devoted to dispatching. As to his other duties, Mr. Pretty estimated that about 30% of his time was spent operating the CPIC terminal and the telenef console. The CPIC terminal was introduced in October 1972, and was used to retrieve information on criminal records, stolen cars, missing persons, etc. The radio operators entered queries and retrieved information and assisted police officers in filling out input forms. This required about20% of their time. The other 10% was spent in operation of the telenet console, receiving and relaying messages. A final 10% of the operators' time was spent on clerical duties, such as maintaining logs, and acting as receptionist or telephone operator. It is the union's contention that the duties associated with the radio operator's job have changed since 1972, and that the job now falls more appropriately within the classification of Radio Operator 2. In particular, the union has pointed to the added responsibility with regard to the two MNR radios, the communications with aircraft, and the addition of the CPIC~ terminal. The union has argued that the addition of one of the MNR radios, the HF set, required the radio operator to -6- obtain a Restricted Radio Telephone Operator's Certificate from the Federal b$.EirtrK?nt Of COmUniCatiOnS pUtY5Uant t0 the Radio Act, R.S.C. 1970, C.R-1 and regulations thereunder. The HF set installed in the summer of 1976 (which was removed in the fall of 1977) had 8 frequencies. Frequency 5540 can only be used by those with the CCC certificate mentioned above, or one of a higher class, because it is in the aeronautical mobile service. For purposes of public safety, radio operators using that frequency must be certified. Mr. Pretty obtained a Restricted Radio Telephone Operator's Certificate ins February 1977. In dealing with a grievance with regard to improper classification under .s. 17(2)(a) of The Crown Employees Collective Bargaining Act, this Board is confined to two considerations: (1) is the grievor performing the duties assigned to a particular classification by the relevant class' standards, and even if this is so, (2) are there other employees performing the same duties as the grievor who are included in a more senior classification? (See'Re Lynch, 43/77 'at 4; Re Rounding, -- 18175 at 4; me Thompson, 7176 at 7). As these decisions state, this Board can only look to whether a particular job has been properly classified. Any dispute as to the classification system used or the rates of pay attached to a particular classification must be resolved through the collective bargaining process. The grievor's job is presently classified as Radio Dispatcher (Civilian) OPP. That classification is defined in a class standard 16706 (Ex. 10) and reads in partas follows: - 7 - CLASS DEFINITION: This class covers positions of employees in the Ontario Provincial Police, who, under the supervision of uniformed non-commissioned officers, operate fixed two-way radios, located at detachment, district and general headquarters, to exchange in- formation with other fixed stations and with mobile units. They dispatch cars tb deai with suspected crimes, accidents, other emergencies, and to form road-blocks when necessary. They decide order of priority of m9ssayes for transmission, recording them in a log, and they maintain special records of messages concerning wanted and missing persons, and stolen car.s. These employees may also operate _ teletype equipment and on occasion may also act as telephone operators....... I If one matches Mr. Pretty's description of his job duties with the class ~standards, one finds a great deal of harmony. Most of his time (50%) is spent operating fixed 2-way radios onpolice- related matters. Communication with "aircraft" is not mentioned in the class standard, but aircraft would fall within "mobile units" in the class standard and, according to Corporal Cooper's evidence, the type of.corrununications with the aircraft would be similar to those with'police patrol cars. The CPIC terminal is not mentioned in the class standards, although the employer argued that the function of rel,ayingmessages about matters such as stolen cars is covered. Only the method of relay has changed. There is no mention of the Restricted Radio Telephone Operator's Certificate in the class standard as a requirement of the job, the qualifications being: 1. Grade 10 education, preferably Grade 12. 2. Preferably .5ome previous experience as d radio operator; good typing ability (not to civil Service Commission standard). 3. clear enunciation and good knowledge of EngAAS.h. ability to +k.w ~'UICK-I:' gramar and usage, &“. “7. versatility, initiative, good judgxznt, personal suitability. : Pi -a- The evidence of Staff Sergeant Mel Peever, second in command for communications for the OPP, was that the employer-had never required radio dispatchers (civilian) OPP to hold a radio telephone operator's certificate. As-to the concern about the use of frequency 5540, which required such a certificate the radio operators at OPP headquarters,;:in South Porcupine had no reason to use that frequency. While they could transmit thereon, they had no receiver capable of operating on frequency 5540. Therefore, they could not monitor aircraft on that frequency. The grievor claims that his job would be more appropriately classified as Radio Operator classification (16702,)' read: 2 (Ex. 8). The specifications for that CLASS DEFINITION: This is skilled work pertaining to the operation of a variety of fixed station, multi-channel radio telephone and/or radio telegraph equipment used throughout the Department of Lands and Forests corn; munication system. These operators, who Are normally stationed in districts, work under general direction from head office and normally under the administrative jurisdiction of the District Forester. They act as a district control station to aircraft, mobile, portable and other fixed stations and may be required to work on a shift basis. They may, under close supervision end instruction maintain, install and construct departmental communication equipment, or may be assigned other duties during the slacker winter mnths. SiUlilar duties are perforuzed by operators stationed at head office. CHAFSICTERISTIC DUTIES: Operate multi-channel H.F. and V.H.F. equipment requiring selection of appropriate frequency and tuning, transmitting and receiving radio messages within the district and provincial networks by means of voice or morse transmission; maintain a file of daily messages and an accurate log of all transmissions. Monitor continuously to control all district frequencieS and to relay messages within the region& network. . May record weather information for the Department of Lands and Forests and the Federal Department of Transport and forward monthly reports. flay select, on basis of own judgment, and relay messages COncerning emergencies to District Forester and supervisory staff; occasionally act.as a dispatcher. Make minor repairs or adjustments to station equipment and my, under qualified supervision, make more extensive repairs and install and construct departmental equipment and attend practical in-service courses in the maintenance, installation and construction of conmwnidation equipment. Occasionally perform other duties related to forests protection work, or district administration or maintqnance. QUALIFICATIONS: 1. Grade 10 education and formal training in radio plus possession of one of two certifi'cates issued by the Federal Department of Transport: either a Second Class Certificate of Proficiency in Radio (Second Class~Radio Operator Certificate) or a General Radio Telephone Operator's Certifimte (land) with aeronautical endorsement and a competency in sending and receiving morse code (20 words per minute). 2. Acceptable previous experience in radio Operating. 3. Tact and good judgment; good physical condition; personal suitability. The application of this class standard to the grievor's job causes .some'difficulty. The class specification appears to be designed for use in the Department of Lands and Forests (Ministry of Natural Resources). This is not conclusive evidence of its inapplicability to a position in another Ministry, for Mr. Brownie from the Classification Branch of the Civil Service Commission, testified that ambulance dispatchers in the Ministry of Health had been classified as Radio Operators (Civilian) OPP. Nevertheless, there is difficulty in applying the Radio Operator 2 standard to Mr. Pretty's job. Whereas one of i. .a - 10 - " Mr. Pretty's major tasks is dispatching, the Radio Operator 2 "occasionally" acts as a dispatcher. Furthermore, Pretty's role in the MNR radio system is not a major part of his job (less than 3%), While the Radio Operator 2's main function is within MNR's system. The Radio Operator 2 is expressly required to act as a district control station for aircraft as well as other stations. While the OPP radio dispatcher is not allowed to make repairs to equipment, the Radio Operator 2 has a duty to repair equipment. Finally, the OPP radio dispatchers have never been required to possess either a Second Class Certificate of Proficiency in Radio or a General Radio Telephone Operator's Certificate (land) with aeronautical endorsement, as required in the qualifications of Radio Operator 2. : While there is some overlap in functions between the two class standards, as is inevitable in a Radio Operators Group, the OPP radio dispatcher's duties in South Porcupine seem to fall more appropriately within Radio Gispatcher (Cjvilian) OPP. The onus is on the grievor to .,.. show that this classification is improper in light of his job duties, and he has failed to do so. The grievor has tried to show that even if his job seems to fit within the present classification, there are employees with similar job duties to his who are within a more senior classification. To show this, he called Mr. Harold Wyman as a witness. Mr. Wyman is an operations clerk in the Kemptville Regional Office of the Ministry of Natural Resources. He is classed as a Radio Operator 2 and holds a Restricted Radio Telephone Operator's Certificate (land) with aeronautical and - 11 - maritime endorsements. Mr. Wyman's duties, as set out in position specification 09-6010-28 dated June 1, 1974 (Ex. 7).are essentially twofold: (1) providing information within MNR between aircraft, marine, and mobile stations and fire base portables (50%) and (2) maintaining a fire control and aircraft management system (50%). Some of his duties are similar to those of OPP radio dispatchers, such as operating a telex machine, gathering weather information, and maintaining logs. However, he has much more frequent contact with aircraft, particularly in the fire season when he monitors.aircraft and relays messages for fire control. After comparing the evidence concerning Mr. Wyman's job and that of the OPP radio dispatchers, the Board is not satisfied~ that the jobs are identical or even substantially similar. Aircraft contact is a minor part of the.OPP radio dispatcher's job, unlike the operation clerk's* Dispatching is a predominant part of the OPP radio dispatcher's job, and only a minor part of the operation clerk's. While both have duties pertaining to telex and computer links, these duties are subsumed within the standards for their respective classifications. Finally, the fact that Mr. Wyman has a Restricted Radio Telephone Operator's Certificate, while the Radio Operator 2 classification requires a certificate of a higher standard, does not assist the grievor. Mr. Temple, Supervisor, Compensationand Staff Relations with MNR was unaware of this deficiency in Mr. Wyman's certificate and said that action would be taken, possibly in the form of reclassification of the job or a requirement that Mr. Wyman upgrade his skills. In conclusion, we find that Mr. Pretty is appropriately classified as a Radio Operator (Civilian) OPP. We appreciate that the - 12 - content of his job has changed since 1972 with the addition of new equipment such as the CpIC terminal and the MNR radios and the new duty.of corn- municating with OPP aircraft. Recognition of the added responsibility or skills required in the operation of this equipment must be left to negotiations between the union and management with regard to the clas- sification system. It is beyond this Board's jurisdiction to deal with such matters'. The grievance is denied. Dated at Toronto, Ontario July 12, 1978 I Katherine Swinton Vice-Chairman I concur c Andre Fortier Member I concur (see addendum attached) Wm. Walsh Member . 1 ADDElWUM ( The various functions which the grievor is required to perform are not greatly dissimilar from those in the higher level to which he seeks to be reclassified. Flowever, the evidence shows that the requirement .for performing the functions characteristic of the higher classification is considerably less frequent in the griever's tours of duty than occurs in the higher classification. In my respectful opinion, this factor weighs against the grievance. However, a manifest inequity is created when two. employees are called upon to perform the ,same exacting functions ,:!perhaps'even side by side, and one is paid less than the other. Vhere a significant quantitative difference is sufficient to militate against the elevation of the lower rated employee, to the higher classification, some agreements provide that the employee be paid the rate for the higher classification at least during the tours of duty in which he bears such responsibilities. It appears to me some such approach by the parties might serve to alleviate the inequity. aespectfully submitted, Xamilton, Ontario Wm. Xalsh, Member.