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Home My WebLink About1981-0133.Williamson et al.84-11-21IN THE MA ,TTER OF AN ARB Under THE CROWN EMPLOYEES COLLECTIVE Before THE GRIEVANCE SETTLEMENT ITRATION BARGAINING ACT BOARD TELEPHONE: rrs/sos- 0688 133181 & 184/81 Between: OPSEU (J. Williamson, Davidson, et al) Grievors - and - The Crown in Right of Ontario (Ministry of Transportation and Communications) Before: L For the Grievers: \ For the Employer: Hearinq: November 1, 1984 Employer J.W. Samuel5 Vice Chairman L. Foreman Member G. Nabi Member M. Ball, Counsel Cornish & Associate Barristers & Solicitors J. Orr J. Henderson Head, Personnel Services Ministry of Transportation and Communications ‘. 2. The four grievors are Technician Surveys in the Ministry's Surveys and Plans Section, Central Region, and they claim that they are improperly classi- fied as Technician 3, Survey. It was agreed by the parties that we would hear evidence only about the job of Mr. J. Orr, and our decision would apply to all the grievors. Their jobs are accurately descr;ibed inthe following Position Specification: PURPOSE OF POSITION Under the supervision of Senior Party Chief or Party Chief, acts as a member of a survey party engaged in engineering or legal land surveys. SUMMARY OF DUTIES AND RESPONSIBILITIES * Note: Engineering Surveys are done to provide engineering field data for use in planning, design, and con- struction of transportation facilities, e.g. roads, bridges, retaining walls. Legal Surveys are done to establish boundaries, property lines, legal limits required for the acquisition, selling or transfer of land. 1. Performs, as a member of a survey party engaged in engi- neering and legal surveys, the following tasks: 60% Engineering Survey - establishes base line of survey for horizontal aliqnment usinq transit and steel chain or electronic mea&ring instrument, in accordance with stan- dard survey practices by referencing to physical ground evidence (e.g. iron bars or concrete monuments or other reference points). - establishes vertical datum using precision level and rod by referencing to established geodetic benchmarks and sets additional benchmarks including elevations within project limits according to standard practices; - conducts level survey using precisionleveland rod and other equipment as required (prism and metallic tape) to do x-sections, profiles, drainage and entrance elevations and references to centreline and records data in field notes; - conducts detail survey using metallic tape and prism and referencing all physical data (e.g. trees, buildings, hydro poles) to centreline and records data in field notes; - assists party chief in correlating and checking survey data to be used in plan preparation and future surveys. 3. Legal Survey - assists party chief in title searches in Registry Office or Land Titles Office to determine owner- ship of property; - establishes base line of survey using transit, steel chain or electronic measuring instrument in accordance with standard survey practices by referencing to physical ground evidence such as standard iron bars or legal con- crete monument; in retracement surveys referencing to fence lines, or original posts or blazes; - sets additional legal monuments (iron bars) on new limits of right-of-way, property lines, on lot corners to establish legal boundaries; - assists in preparation of field notes for legal survey. 2.1 Assists Party Chief in conduct of legal or engineering survey by performing the following tasks: 15% - assigns duties to junior members or occasionally to co-workers; - trains junior members of survey crew by explaining what is to be done and how it is to be done; - explains correct field procedures in taking measurements; in clearing survey lines in bush country and planting or searching for legal survey posts or monuments. 15% 10% 3. Carries out mathematical calculations using electronic cal- culator to solve various trigonometric and curve problems for the completion of field survey operations; - applies mathematical formulae and equations and uses cal- culations to resolve problems and set survey monuments; e.g. correcting slope distances, property line intersections and double curve intersections and closures. 4. On occasion in temporary absence of Party Chief due to illness or vacation may take charge of survey field crew and performs tasks such as: - assigning work and supervising survey technicians and junior survey technicians; - assumes responsibility for equipment and safety; - title searching in Land Titles Office or Registry Office if required; - liases with Property Agents and Property Owners, Private S:urveyors and Township Officials to exchange information and resolve problems of mutual concern; i t - performs and checks mathematical calculations; - completes field notes; - signs completed work orders. 5. Performs other related duties as assigned; - maintains all field equipment in good repair (shovels, axes, sledges, machetes). Before 1975, when a reorganization took place within the Ministry, the grievors did only the "legal survey" part of their current job. They claim that, when the "engineering survey" work was added to their jobs, they were no longer properly classified as Technician 3, Survey. The Class Standard for Technician 3, Survey reads: This class covers employees who act as senior chainman for a legal land surveys. They obtain precise linear measurements, assist in taking astronomical observations, assist with title searching in the registry office and plot information from field notes or deeds. OR These employees act as transitman and levelman on engineeEng surveys, without detailed instruc- ticns, on all routine phases of the work, taking field notes for alignment, topography, profiles and cross-sections. OR Theseemployees take charge of a sub-party working on a liiiiited portion of a construction contract. They carry out control surveys for the precise setting of alignment and elevations of new construction and use standard survey techniques for the measurements of quantities. Typical duties include completing level circuits, laying out complex circular and spiral curves, booking field notes in i standard manner, computing quantities of materials including complex shapes in concrete structures. They assist in the supervision and training of junior members of the party and may act as party chief when required. The Union argues that the use of "OR" is disjunctive in this Standard, and that an employee's "double competence" calls for a reclassification. We do not agree. The grievors do the first two types of job described in the first paragraph. The evidence before us demonstrated that an employee doing "legal surveys" could do "engineering surveys" with no additional courses or training. All that was needed was a short period of familiarization for the grievors to take on the "engineering" side of the job. Therefore, the "double competence" does not have a significant bearing on the responsibility involved in the job. The Standard must be taken to mean that, if an employee does at least one of those types of job, then the employee should be classified as Technician 3, Survey. But this does not mean that doing two of the jobs calls for a different classi- fication. The grievers' job, whether they are'doing "legal surveys" on a day or "engineering surveys", is properly classified as Technician 3, Survey. This being the case, it is unnecessary for us to consider the classifi- cation claimed. For these reasons, the grievances are dismissed. Done at London, Ontario, this 2T.s.t day Of November, 1984. - .~ L. Foreman, Member G. Nabi, Member (see attached) / 1. 2. 3. 4. 5. 6. 7. 8. .I ._ EXHIBlTS Grievance Forms Class Standard, Technician 1, Legal Survey Idem, Technician 1, Engineering Survey Idem, Technician 3, Survey Organization Chart, Central Region Position Specification, Technician Surveys Salary Revisions Position Description, Party Chiefs, Surveys RE: Williamson, Davidson, et al, G.S.B. 133/81 & 184/81 c-- 1. The Grievor states he was promoted Technician 3 in 1975 from Technician 2. At that time, he was doing Legal Surveys only. When reorganization took place he was aware he would be expected to perform two Survey functions, Legal and Engineering Surveys. He has previous experience in both these areas. 2. The Grievor stated he has performed as Party Chief on various occasions, and is aware he is not in the Supervisor Classifi- cation. Neither is he seeking promotion to Party Chief. 3. The Grievor stated emphatically there has never been problems with classifications, and there really is none now. Problems arising in the field are usually solved among themselves. Any member of the Crew can act as Leader. The Crew frequently exchange roles. Tail Chainman, Head Chainman, Transit, etc. When the Party Chief is absent, it is usually the Head Chainman who takes his position temporarily. Any other member of the Crew could act as Party Chief if and when necessary. All members of the Crew participated in the training of new employees. The Party Chief is responsible for the training. 4. The Grievor i plan. There among the Cr e most members They assited s qui'te happy and a willing participant in this appears to be a constant interchange in jobs w irrespective of classification, and it appears of the Crew could perform each others tasks. one well together. T in to the office another at all times, and got along very he Party Chief took notes and handed them on his return from the field. 5. In January 1982, he was "Improper as Technician I 1 ( the Grievor presented a grievance stating y Classified" and requested reclassification Atypical), yet when promoted "Technician 3" on reorganization in 1975 he accepted the functions he is now doing. He does, however, feel he should receive an increase in salary as some in the Engineering received. Basically, he is doing the same job. It, therefore,, appears an accept,able interpretation of the present classification is needed. In this circ umstance it is unnecessary for the Board to consider the class ification claimed, and I concur with the award of the Vice Cha irman. Gordon Nabi Member