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HomeMy WebLinkAbout1984-0840.Landry.87-04-10\ .t I’ BETWEEN: awa4 IN TBB NAlTF.R OF AN ARBITUTION Under TKF, CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before TEIB GRIRVANCE SETTLEMENT BOARD BEFORE: OPSZU (G. Landry) - And - -- Griever The Crowr in Rig.ic of Ontario (Ministry cf*Goverrunent Services) Employer M. R. Gorsky Vice-Chairman I. J. Thczson Yember ./ P.. D. caq Member FOR TRE GRIEVOR: A. Milla:: Counsel Barrister & Solicitor FOR TNE WLOYER: P. D. Vaz Hone ?!mager Staff Reli:ions 3ranch Ministry :f Government Services HEARING DATES: kdsust I:. 1985 5:vember 3. 22, 1385 DECISION Evidence of the Grievor The Grievor is classified as a Steam Plant Engineer 1. On July 9, 1984 he filed a grievance (Exhibit 1) grieving his improper classificatioh and requesting that he be classified as a Maintenance Mechanic 3, retroactive to January 1, 1981. The " Grievor is employed by the Ministry of Government Services and was first employed on July 16, 1973, and commenced employment as a Steam "Plant Engineer 1. His first employment was at.the MTC complex in Ottawa and he described his position as basically -relating to.the operation of the steam plant. His evidence was as follows: (1) The regional complex had a maintenance garage with two low pressure steam boilers, a main office, a heated garage for snow ploughs~, a sign shop, and a small laborato.ky for the testing cf concrete to be used on highways and bridges. (2) Each building had its own heating system except for the combined sign shop and testing laboratory. (3) The complex, as above described, was altered in 1977, after the time of his first employment, with the main garage expanded by two-thirds. This expansion added more work to his position. (4) After he filed the grievance, he was informed that a job audit would be performed. (5) The job audit is found in Exhibit 3. The Grievor 2 S’ 2 Indicated that he had added his own comments to the job audit where he differed with the statements of the auditor. (6) He was responsible for ongoing routine operations and maintenance duties within the MTC complex, including a power ,plant ccnsisting of 3 low pressure steam boilers and 1 hot water ,. . boiler. There were 3 hot air furnaces. His other duties involved minor maintenance and repair duties within the complex. (7) The Grievor added to the position over-view: "Maintains continuous operation of all heating/air conditioning, plumbing and related mechanical equipment and support systems at MTC complex." A good deal of the dispute relating to the work performed by the Grievor concerned the.auditor's use of the word "routine" and the word "minor" for example, the."purpose of position" states: "To perform routine operations and maintenance duties and miner repairs associated with heating ventilation air- conditioning equipment, plumbing and related mechanical equipment and support systems within the MTC Complex in Ottawa." The Griever's comments were that the operations and maintenance duties performed by him were "not necessarily routine" and that the repairs were not merely minor but were "minor and major." Throughout the duties and responsibilities,listed in the audit, "minor" was changed by the Grievor to "minor and major." The nature of the issue concerning the position overview, purpose of position and duties and responsibilities can be seen upon an examination of Exhibit 3, which is annexed to this Award. (8) He viewed routine matters as being those.of regular occurrence, such as the regular oiling and greasing of equipment according to a routine. He was frequently called upon to attend to matters which did not occur in accordance with a regular .pattern. An example which he gave was being regularly called by someone in the main office, at Kemptville, when there was a heating problem, such as where there was too much or too little heat. He regarded such matters as not being routine. (9) In endeavoring to explain the difference between major and minor matters, the Grievor referred to the changing of a light bulb as representing a minor matter and replacing a bearing which had failed in a large motor as a major matter. He also referred'to the daily check of the.ventilation system, where a belt-tightening might 'be required, as being minor and the replacement of a bearing in the main fan, as being major. (10) The Grievor testified that he i.sa stationary engineer, holding a provincial third class stationary engineer's certificate. (11) The MTC'complex, because of the reduced horsepower which exists there, is capable of functioning without a stationary engineer. At one time there were two stationary engineers on duty. ,Both stationary engineers held fourth class papers, one being himself, the other being his chief. (121 Major repairs in the steam plant might be peformed about once a yea:. 4 (131 Further examples-of minor matters referred to by the Grievor were the ~adjustment of tension in belts, major matters being the replacement of bearings, fans and electric motors. He stated that he has replaced the coil, being part of the heat , .-recovery system contained in the garage.paint spray booth. (14) He described the energy wheel on the heat exchanger, which he equated with a heat recovery wheel where heat from the exhaust in the main garage is added to the incoming air to the garage and further stated that he opefated the heat exchanger. (15) He.was required, approximately twice a mcnth, to change bearings and was responsible for determining when a bearing had to be replaced. (i6) He took the position that he solved all minor problems - and disagreed with the statement that he only resolved them if he was able to. As I understood the Grievor, he would respond to calls, such as calls from the district office in Keaptville, when he was advised’that an office was too hot or too ccid. He would attend at the office to ascertain the nature of the problem, for example when the boiler had ceased to function, a thermostat was down or a window was open. (171 .He would only refer matters to the district office when a tradesman was required and stated that he made the effective decision if a tradesman was required. The example he gave was a case where a boiler had broken down and he did not have the parts or did no possess the knowledge or certification tc effect repairs. In such circumstances, a tradesman would be called in, I 7 * such as an oil burner mechanic. He stated that he had the authority to call .in private tradesmen, i:. the circumstances described. In fact he referred all requests to Kemptviile. However, it appeared that his recommendations were followed as a 'matter of course. (18) He would respcnd and resclve ma;x problems, referring to a case of a burned act motor reqAring an electrician who would remove the motor fcr rewinding. The Griever acknowledged that he did not perform the work in the circumstances descrived, but merely assisted in a non-trades capacity. (19) He was not usually responsible for major or complex problems. He described some of his additional responsibilities , as involving the replacing of toilet bowls 'as well as the mechanisms in the toilet tanks, such as flush valves. (20) He has installed "complete" sirks. He added that he -. installed steam traps once or twice a year and installed feed water lines on boilers three or four times a year. (21) He spent approximately three hours a day on what he described as routine checks. (221 He stated that preventive maintenance was planned by the Kemptville office and was contained c: cards and that such work took up approximately three hours a day. (23) He spent apprsximately two hours a day dealing with unanticipated matters, referring tc work 5n fans and door locks. Because he was often called away from roctine maintenance it was ? i\ 6 difficult for him to more accurately assess the amount ci time spent on preventive maintenance. (24) In referring to overhauling locks which where not operating properly, he stated that sc:=h work was r.at done very ,frequently and identified the L;:rk as entailing oiling the lock or, if the lock was found to be loose, taking'the lock cff the door and tightening the brackets, lubricating and aligning the parts. Damaged locks were sometimes taken aDart by him :epaired and put back together. he did not install new leeks but called the Kemptville office when such work had to be done. (25) In referring to the third paragra$h of p.4 of Exhibit 3, the Grievor stated that this function took place approximately once. a year and specifically referred to the*cleanlng of the energy wheel. He indentified the work as replacing bearing motors and fans and installing plumbing drain lines. It was the position of the Grievor that he did the same work as an Maintenance Mechanic 3 in the circumstances described. The t senior maintenance mechanic referred to by Cm was Mike Aldham, whose evidence will be referred to. (26) One item which the Grievor stated he did not perform was the recharging of fire exthguiskcrs. 127) In dealing with the fifth ;aragra?h of s.4 of Exhibit 3, the Grievor stated that he ?.ad, on two cccasiors, reFiaced the small air pump on th< CO; analyzer, -Rich he regasded as a major job. 1 (28) In addition to the unblocking of sinks, he aiso repaired holes in sinks by placing silicone caulk under the hole. He did not perform janitorial services, such as filling soap dispensers. $29 ) He added p.6 to Exhibit 3, which contains a list of additional responsibilities being "requisitions required replace- ment parts from stores" and "maintains relevant records of all maintenance and repair work for further use by Kemptville Regional Office." (30) He was supervised by a.Building Superintendent, Maureen Croll. He stated that she did not supervise him on a day-to-day basis in either of his repair or preventative maintenance .- functions, as she was located in Kemptville and visited him ,, infrequently. (31) There was no other supervision of his work at the MTC complex and that there were no other maintenance mechanics.- located there, the Grievor thinking of himself as a maintenance mechanic '(32) He was the only person at the MTC complex doing repair and mechanical maintenance work except when outside tradespeople were called in to perform work that he could not perform. (33) The Grievor was shown Exhibit 4, which is the.Position Specification and Class Allocation form with respect to the position that he occupies. He testified that he had never seen this form previous to the hearing. It was agreed that Exhibit 4 was prepared after the completion of the audit (Exhibit 3). The R Grievor referred tc Item 4 in Exh ibit 4 "Skills and Knowledged Required to Perform the Work" and stated that he had the qualifi- cations and skills set out in that Item. In referring to the statement "sufficient mechanicai aptitude and knowledge of HVAC", the Grievor testified that HVAC stood for high velocity airy conductor. (34) Inreferring to the Maintenance Mechanic 3 qualification set cut in Exhibit 2, being the class standard with respect to the maintenance trades classes, the Grievor stated that he met the qualifications listed under paragraphs numbered 1 and that he has an elementary school education with knowledge of handtools and power equipment;. that he met the requirements of paragraph numbered 2, as he had,completed.the required apprenticeship training in one of the skilled trades and had obtained certification of completion by the Department of Labour (third class stationary engineer's certificate). The Grievor also stated that he had the ability to work from fairly complicated blueprints and specifications, as set out in paragraph 3 of the qualifications; that he had never had occasion to instruct less skilled assistants; that he had the ability to _ perform a variety of maintenance tasks employing hand tools and power equipment wi,thout supervision and was in good physical condition. (35) When referred to that portion of paragraph numbered 1 of the Maintenance Class 3 Standard: II . . . these employees are required to complete assigned tasks according to acceptable 8 :: B 9 standards of quality and production," the Grievor stated that he was not aware how this would apply to him and he further stated that no one net even his nominal supervisor, Ms. Crol.1, actually checks up on the work that he does. (~36) He painted the housing fan on the boiler room floor, has repaired brick work in the bcilers and replaced lining in the doors of the boilers. He stated further that there is a welding machine in the garage which he has used in carrying out his job. (37) In addition to assisting tradesmen, when they were called, as above referred to, he also assisted other maintenance staff, when called in. (38) He would call a drain cleaning company which provided a private drain cleaning service whose servicemen would attend at the MTC complex for the purpose of cleaning out catch basins and oil interceptors. On occasion,.the ordering of drain cleaning -. services would be.made from-Kemptville. -' (39), He felt that he fell under the provision of Item fi(ii) as set out in the Maintenance 3 Class Standard, as he was not supervised by a Maintenance Foreman or someone in a skilled trades position. He also felt that he fell under II(i). He was of the opinion that he was the incumbent there referred to, this being the Journeyman class. (40) He also concluded that he fell within the Maintenance Mechanic 3 position by virtue 0, c the application of the language in II(iii). !=Ie stated that he "must estimate the quantities of material and labour required, as he ordered material, for I 10 example, replacement.parts for plumbing fixtures, venting, bearings, light bulbs, air filters, repair kits for plumbing vaives, which represented the stock on hand kept by him. He testified that he had forms on hand with which to order replacement parts which he completed, signed and forwarded to Kemptville for implementation, which fcllowed automatically. (41) He acknowledged that he did not keep account of materials used but that he did keep account of repairs performed, (42) He kept a record of work authcrizaztion forms which ccntained the approximate amount of time which he spent on a job but stated that this form did not list 2arts used by him. (43) In his opinion, the work performed by him imposed responsibilities not assumed by.any other maintenance mechanics, as he was the only person in his location overseeing the operation. . . (44) In cross-examination, he stated that~he would be involved in the performance of what he referred to as major matters approximately a dozen times a year. (45) He described the replacement of bearings (major in his view) as involving the removal of "bad" bearings. The job required the loosening of bolts at the base of the bearings, iifting up the shaft and fan and removing the old bearings using a wheel puller. He stated that he would then clean up the shaft, p.:sh the new bearings in place using a 'natmner and drift punch. ?::e bearings were positioned by him in the proper place on the skaft. iie then tightened all set-screws, lowered the fan and shaft back onto the pedestal, inserted :he bolts and tightened them, with the bearing in its proper place. (46) It took approximately fcur hours to complete this task. The Grievor stated the job takes between one hour and one and half hours when a Maintenance Mechanic 3 assisted him. (47 ) He kept some bearings on hand and restocked them after use through the employment of a requisition form. (48 1 Field purchase orders are issued by him for use on the site. Three orders authorized by Supervisors at Kemptville were put to him, dated respectively, June 21, 1983, December 21, 1983 and October 23, 1984, which he cacknowledged represented the only replacement bearings ordered by him in a two year period. (49) He reiterated that.he.had replaced bearings on a regular basis, approximately two times a month. When it was pur to him, in cross-examination, that the record of purchase orders with respect’to replacement bearings,diC not substantiate his evidence, the Grievor did not corrnent. (50) In cross-examination, the Grievor stated that he had performed the task of replacing bearings on large machines entirely on his own on one occasion. Wzen asked how often he hrd done so with a Maintenance Mechanic 3, he stated he had done so on a number of times but stated further that he had replaced smaller bearings on unit headers, quite a few times. (51) In cross-examination, the Grievor was shown the Boiler Room log book for 1983, which was maintained cn the site. The log book showed that on December 14, 1913, two new bearings hat ? z 12 been installed on an electric motor on t?.e garage ventilaticn system (s,upply air fan). The record als: showed that on December 14, i983 :here was a maintenance work orter in which a Maintenance Electrican from Kemptville, C. Malcomson; had charged six hours for the.installatLon of a new tearing in the fresh air ,. '~;a, in the MTC garage. The Grievor testified that he was net sure if :his was the same jcb as he had referred to, but stated that he had performed such work along wirh Mr. Malcomson. (52) Further, in cross-examination, the Grievor was shcwn an entry on April 5, 1983, with respect to rhe installation of new bea:ings on the motor fan on a gas burner for the Sign Shop. On the same date, three hours was entered.t: replace bearings on the oil burner in the MTC Sign Shop, the person performing the work . : being shcwn as R. Saunders. The Grievor stated that he did not knew if this.was the same jcb that he said he performed; although he acknowledged that it could be the same job, but maintained tha: he bad done the same job on a number of other occasions. (53) When asked about an item involving major repair work on the boiler, the example cited by the Griever was replacement of the feed-water line on the existing line and he testified that it was subject to oxygen pitting resulting in leaks from the inside. He testified that he would have to break open the pipe unicn (one tc the pzmp and one to the boiler) which was closest to the leak. He state? that he threaded the union, removed the pipe on the jch, which then had to be cut and threattd. For this purpcse, he wc-:ld bcrrow a threader frc% a plumber zz .an electrician. 3e E 13 stated that he c*L:= a new pipe, threaded the pipe and placed dope on the threads. :-:e saiC that he would perform this job once every two or three years. (54) He replaced the coil in the garage spray booth. He stated that he wculd assist two plumbers A. Chapman and B. Saunders. (55) He servic ed the energy wheel in the garage once a year. To do this he had to shut the system down and rig-up the pressure washer used to wash the wheel. The unit contains a water pump under high pressure and water soap mix is used to perform the job. (56) In cross- examination;he said that the need for a tradesman might vary from five to six a day to none over a number of weeks. (57). In cross-examination, he testified that he would attempt to repair less complicated oil-burner malfunctions on his own, however, in the case of such matters as a burned out motor, he arranged for the attendance of an Oil Burner Mechanic by phoning the Xemprville office. (58) In cress-examination, the Grievor clarified some of his statements, in-chief, concerning his experience in plumbing work. He testified that he had not installed any complete toilet bowls but that he had installed a sink in the coffee shop in the Highways Garage. The Eighways Carpenter made the hole for the new sink and he set the sink, attached the new fixture and installed a new plastic trap. He testified that while he could install copper pipe, he had never done so inthe cou:se of performing his job. He referred to steam traps being a 'device to prevent steam from going through drain water. 3e sta:ed that he maintained steam traps and if there was a leak would repair it ,with a repair kit for replacing worn out parts. He stated further that he did this once or twice a year. He also testified .that he attached heat rads, steam headers and replaced steam traps. When asked about further examples of installation of plumbing he refirred to the installation of a s'ump pump in the boiler room. (59) There were certain items under scheduled preventive maintenance, which program was contained on ca:ds which he received from Kemptville. By consulting the cards he knew the various items of preventive maintenance that were scheduled. The logs kept by him recorded the time spent in the perfcrmance of any job. (60) He also clarified his earlier eviden:e as to his work on locks. He testified that he looked after, vhat he referred to as, obvious problems as when "doors jammed." Ke stated that he did not tear down locks in order to put in replacement parts and he did not install new locks. He stated that he wouid call Kemptville if there was a problem with a lock requiring a new installation. (6i) He was not involved in the repair or servicing of fire extinguishers, his responsibilities being limired to a monthly visual pressure check. When the fire extinguishers had to be ~,, 2 . - -3 refilled he would call someone in Kemptville who wc,uld arrange for refilling. (62) He did'not .service the gas analyzer in the garage, this task being performed by a Toronto firm. ..i63) He cleaned the filters of the approximate 25 air- conditioners within his work area but was not respcnsible for servicing a large air-conditioning unit on the garage ro:f. Ee 'did not work on the compressors of the window air-conditioning units, that work being performed by an electrician. ; (64) The garage venting system was serviced by an c-tside contractor. He identified the outside contractor as the Honeywell Company, which was said serviced the controls and thermostats. . (65) He kept no stores and called Kemptville for an$ requirements,, save for certain small items which he kept on the site such as pipe insulation, gasket material, packing, oil, _, paint and a few pipe fittings. (66) In cross-examination, when referred to the job specii'i- cations for the high velocity air systems, the Grievor testified that he did not really know much about them. (6-J) He checked the garage ventilation system, tested the boiler water and added chemicals where necessary, blew down tke water columns and lifted the safety~valves on the boiler and checked the office heating system. Other scheduled preventive maintenance tasks were referred to by him, included the 2aint:r.g of the boiler room floor. Entries with respect tc this task .? 16 where shown in the log book for the month of January, February and March 1983. 168) A company, Perolin-Bird-Archer, assisted with the water treatment for the boiler. The Chief Engineer designs the water .treatment,of the boiler water. In cross-examination, the Grievor ~qualified his earlier testimony by stating that he assisted in the process of water treatment, if required. (69) When referred to the entry, March 10, 1983, invclving an electrician installing a,three way switch, the :Grievor testified that he had assisted in this work. The Griever added that if a fixture was broken on existing wiring he would perform the repairs. (70) He assisted plumbers in the placement of seals on a toilet. (71) He replaced ballasts associated with fluorescent lighting. (72) He reiterated, in cross-examination, that he had operated and maintained the air compressor in the garage, receiving parts for this purpose. 173) He referred to occasions when the floor drain in the main garage would become plugged. He stated that when he could not unblock it he would arrange with the Kemptville office'to have someone (e.g., Roto-Rooter) do SO. (74) An entry in the log on September 21, 1983, referring to a roof ieak, was explained by the Grievor as follows: He called 17 someone in Kemptville who looked after the matter and he acknowledged that he might have had nothing to do with this work. (75) Referring to an entry of September 28, 1983, which concerned the repiacement of a latch top on the spray booth door, .the Grievor stated that the doors were misaligned. He testified that he could not remember what happened after he attempted to fix the latch top. (76) Referririg to an entry of October 4, 1983, concerning damage to the spray booth in the main building, he stated that h,e had called Kemptville and that the damaged panel had been removed and repaired. (77) The Grievor testified, further, that he had performed some. welding on the job. Welding jobs referred to by him were on brackets holding the motor on the air compressor. He stated that he took the brackets to a bodyman and used an acetylene torch to do the job. He stated that this was the only such welding he had ever performed. (78) He had note performed very much brick work. He added that there was not much brick work to be performed after a conversion to gas. (79) Pricing of work authorizations was performed at Kemptville and he would often not know the prices of work performed. (80) The majcrity of purchases which he was authorized to make were for under 8100.00. (81) He alsc cut gaskets. ‘f - .I Evidence of Michael Aldham The second witness called by the Union was Michael Aldham, who was employed by the Ministry of Government Services a: the ..#err.ptville Agriculture College as a Maintenance Mechanic 3 for a r~,-umber of ministeries lot; ted at the College at the relevant time. He testified as follows: Ill His work at Kemptville involved a large variety of mechanically related jobs, including heating, cooling and 'electrical systems. (2) -. He was required to perform different functions-in different buildings. The buildings provided for a wide variety of purposes, ranging from office buildings to pig barns. Different buildings would involve the maintenance of different kinds of equipment. (3) He was not resp.onsible for the repair of burners. I_f burners required repair, an Oil Burner Mechanic was called in. (4) His heating and ventilating maintenance function involved a number of pressure vessels furnishing heating at the complex, there being a number of different types of heating supply sources. In referring to hot water ~boilers within the complex, he testified that he was responsible for the maintenance of pipes involving lubrication and change of pipes, bearings or. motors, belts, seals, fan units, and maintenance of radiator grills and air 'filters. ,He had little responsibility with respect to three steam boilers which were serviced by a -5 19 stationary engineer. Referring to a number of hot air furnaces (gas and oil fired), he stated that there were more gas than cil fired furnaces and that the servicing perfcrmed by him was essentially the same as on the hot water bcilers. He also .-gerviced some electric unit heaters which were present in some of the buildings. These were described'as being space heaters from 1000 to 5000 watts capacity, usually not.being portable. He was responsible for oiling the fan motors every three months and checking the heaters tb see whether switches had to be changed. Any decision with respect to a change in a switch would be made between himself and his supervisor, the latter making the final decision. If there was a problem with a thermostat, he might repair it but that more complex electrical problems would be referred 'to an electrician and th$t plumbing problems would be referred to a plumber. (5) In referring to ventilat+on and air-conditiocing, he stated that he would change the filters, which he described as being sponge rubber similar to filters found in a home except that the latter are normally made of fiberglas. The filters were slid into a receptacle and removed dust from the air. (6) He replaced bearings on oil pumps. (7) He also referred to servicing of air-conditioning units, the largest being a nine ton unit in one building. He stated that in the case of prcblems an expert in air-ccnditioning would be summoned 20 (8) He referred to a function Terformed by him involving the resetting of time clocks, the checking of fuses going to the compressor, the checking of fuses to control circuits and the checking of fuses on compressor units. In the event of a problem, and there being evidence of power available at all sources, a specialist in the area would be broug?.t in ta effect repairs. (9) He unpluged blocked toilets, repaired plumbing leaks, replaced ballasts (associated with fluorescent lighting) and light bulbs. (10) He reiterated, on a number of occasions, that his supervisor would make the final decision to call in outside tradespersons upon advice being received from him. (11) Mr. Aldham emphasized, in his testimony, that any work of greater complexity than described above would be referred to outside tradespeople or to those on the site. (12) He replaced defective wall switches and plugs which required him to unwire the old unit and rewire the new unit. (13) In referring to plumbing functions, he stated he would replace taps and seals but that he was not respcnsible for such tasks as refilling the soap dispense: which job was performed by a janitor. He moved such items as sinks and ran water lines. He reiterated that if the job was in acy way involved, a plumber would be summoned. He stated that he spent some considerable period of time assisting plumbers by performing soldering functions. The Grievor described his involvemen: in such work as 21 moving sinks requiring him to bolt the sink to the wall and tc soldering pipe. (14) He would obtain the monthly maintenance schedule from his supervisor. He stated that his time allotment for planned maintenance would be approximately 40%. This schedule would be . . dete--' ,...ined by the maintenance cards. Referring to the balance of his work, which he described as unplanned repairs and painting, he stated that this took up approximately 60% of his time. He stated th$t the painting of equipment did not take up much of this time. In referring to hispainting work he mentioned such things as rust prevention painting or painting motors after new bearings had been installed. (15) He also referred to the log which he maintained for his supervisor, where he checked off scheduled maintenance and added non-scheduled repairs performed by him. He stated that this function was performed every two weeks using the time cards. He stated that he would log what he had found, what he had done and the time spent on each job. He stated that this information would be handed in every two weeks with the time cards. (16) He stated that he did little work involving maintenance of locks and doors and stated further that he did little carpentry work. (17) when referred to a small number of heat recovery systems within his area, he stated that his functions varied 1ittLe from those performed on what he called normal "heat systems”. ‘+. - 22 (18) Ther~e was a refrigeration cold storages system within the complex but he had little invalvement with it. He stated that such work was he performed w- as similar to the air-con- ditioning functions which he had described earlier, as part of his maintenance functions. He , cleaned window air-conditioning units, washed filters and that he might, on occasion, change a -, switch on the units. Such functions were provided for on his preventive maintenance cards. (19) There was an electric rotor which was par: of the operations system of an overhead garage door located on the site but he stated that he had never had occasion to repair it but that he had oiled the chains and checked the belts-of the system ,which functions were provided for on his maintenance cards. (20) He indicated that .he operated vacuum cleaners and . washed down equipment. ~(21) He furnished requests co his supervisor, requisitioned parts for repairs and routine maintenance. There was a small store of parts which he kept for certain tasks which frequently occurred. In referring to such ?arts, he mentioned popular sized bearings, some spare pumps and parts for replacement motors. (22) In referring to the disputed job audit (Exhibit 3), he identified certain items as not having been performed by him. One of,them, listed on page 1, Vas "adjusting operating pressure" on certain stationary boilers. :ie stated, however, that he had adjusted water regulation valves, repaired valves, checked safety valves for proper release of pressure, established minor 23 preventive maintenance routines, performed zinor adjustments and repairs, prepared boilers for inspection by opening, draining and *washing them and alerting his supervisor to problems and to situations where ~further maintenance might be required. J.23) He described his nurrtier one priority as being public relations which he stated representec a "gocd part of his job". He described himself as being a “general mechanical handyman” but excluded from that designation any work requiring carpentry. (24) In cross-examination, Mr. Xldham stated that he had obtained either a grade 10 or I1 edu:ation and that he had taken some night school courses including a grade 12 chemistry course. :le described his,prior education as Including training as an auto. mechanic where he had an “A” licence, permitting him to do mechanic’s work with the exception of body work. (25) He described his work with the Mixistry, prier to his work in Kemptville, as requirisg him to travel through the region where he worked with a plumber. He described the work as being maintenance oriented and his vork as being fhat of a pl;u?rber’s helper. He stated that he performed this work for between five to six years. He stated that St the time cf his giving evidence he was “on then road”. assistins a plutier, answering caiis within the region. He stated that he left -he Kez?tville operation in the spring of 1985 in order tc perf crm work within the region. (26) In cross-examinatior., Mr. Xldham stated that there Yere roughly 50 buildings on the ci~pus c:. about 100 acres. :de stated i 24 that he would move between jobs on the campus in a truck in which his equipment was located. :le described the truck as a plumbing truck containing plumbing eqA.pment. He further described the equipment as including light servicing plugs and recepticles along with an array of plumbing parts. This would include a . plu&ing torch with which tc solder joints on pipes. He stated that within the shop he operated an acetylene welding torch which , was p&table in nature. There is also an electric welding torch which he used as well, althcuqh he is not a welder by trade. He stated that he would weld such equipment as ladders, angle irons, steel bars such as window bars. He stated that he would also grind weld using a disk grinder. The grinding which he described involved the grinding of steel hand tools to smooth corners. the . also stated that he wculd operate chain hoists which would lift motors, boiler doors, and heavy equipment and doors from inciner- ators. (27) He also stated, in cross-examination, that he operated a reciprocating power hacksaw which is electric motor driven and which cuts through pioe. He described this as a simple process, and easy to learn. Ee also operated a gas operated air- compressor jack hammer. (2E) His services were sometimes called upon when the incinerator door would not open. The door was air operated by a mechanical device. ';e said he would often be able to remedy the prcblem. He stated -,hat this wouid happen during cold weather .im to thaw the 1 .ines to get the door and it became necessary for h to operate. In performing this job he refe:red tc having to by-pass a few safety switches. He describe< the job as not beizq complicated. He said it would take a persc:. about ten minutes to learn how to perform this procedure. :<:2 9 1 For the most part he handled all “trouble calls” on campus. (301 He did not do burner repairs because they could only be done by a licenced person and he did not have such a licence. Se would determine if a burner mechanic was needed but added that he i did some work in relation to the burners. 1 take it that this referred to minor matters which he decided he could do on his own. (31) He assisted in putting pipes together on the heating systems in the main boiler room and in other pl~aces. He referred to there being .a main boiler room as well as seven or eight smaller buildings with their ocjn heating systems. (32) He stated that the steam from the heating unit in the central building heated eight larger buildings (nine if the plant itself was included). He stated that if there was a malfunction, he would be required to go to the buildings where the problem might be found to exist. He explained his function as endeavoring to find out why there was no heat. In cases where heating was by hot water he would check the hot water temperature, the functioning of the pump and the zater Fressure. He stated that he would repair pumps by tearing them down and repairing and rebuilding them. 2E (33) Ina case of problems Cth a thermostat he would endeavor to repair it in the firs: instance, before requesting service person., Using a power testing device, he woald check circuitry. .-,(.34) He would estimate the c:st of repairs where the cost might exceed the cost of a new unit. He said other cost estimates would be performed by his supervisor after the witness had identified the problem. He then went on to say that in the case of small items he would establish the cost. He described his jurisdicticn as involving,electric motors to pumps. (35) He performed no repairs on air-conditioning units although he might change a fan or an electric switch, if it was of a common type. (36) In cross-examination, he referred to his replacing ' faulty parts on existing plumbing and went on to state that he would repair holes in pipes, replace piges, thread pipes and solder He also stated that he wculd change toilet bowls and most parts relating to the bowls. / (37) In referring to electrical work he stated that he would install socket switches, and ballasts. He emphasized that he would endeavor to stay within the 110 volt range. He stated that if a new piece of electrical equipment was installed, he would start it up. (38) If anything unusual oco;lrred, relating to the operation of equipment, he would record it and pass it on to the district office. i 27 (39) Sometimes he would transfer suc5 infcrmaticz as serial number, horsepower, amperage draw, rpm, belt size, manufacturer’s name, date of installation, to a record card. He referred to the fact that he was permitted to FJrchase certain 3mall parts on his own and he referred tt fan belts, saint brushes, oil and grease. He referred to his having a 925.0: limit placed on such purchases. (40) He performed some repairs on the heat recovery.sys:em involving pumps which he described as being sir.Llar t: the vsrk that he did on heat system circulating p;;nps. (41) He referred to the existence of fire hydrants on the campus and his responsibility,for draining them and filling them with anti-freeze in the winter an.d b1owir.g them down In the spring. This job was part of his preventive maintenance scheduled duties. He testified ,that he uas not respcnsible for maintenance of the hoses used in conjunction with the hydrants. (42) He also stated, in cross-examination, that he was responsible for cleaning out the grease trap ir. the kitchen in the boys’ residence. He described the grease as coming.froz? cooking and as being part of his preventive maintenance program, along with the maintenance of exhaust fax on the tog of the cookstove. (43) In cross-examination, he stated that he sai his job as having the purpose of reducing the amount of work that would have to be performed by specialists. He stazed thas Kemprville is sufficiently far from the city as to im;?se a considerable 26 financial burden if it becomes necessary to call in a specialist. Where he could perform repairs, a considerable saving could be effected. (44) He spent very ,little of his time welding. He also said that he rarely used the power hacksaw and that very many different people used it as it was not a high skill operation. (45) In referring to entering information concerning new equipment on the card, he stated that he did~not fill in the instructions from the manufacturer.j Evidence of Willis Render Willis Render, is a Maintenances Mechanic 3 employed by the MGS in the Kemptville regionat the time of the grievance He,was off ill, and off work, from May 20 1984 to April 9, 1985. He testiffed.as follows: (1) He became a Maintenance Mechanic 3 around 1972 and had he had no trades certification. He had taken no courses in trades training while he was in the pcsition of Maintenance Mechanic 3 and he had been involved in a number of different kinds of mechanical work on different jobs. .(2) He had performed maintenance work on the fire extinguishers and was the only person at Kemptville who did so. He said that approximately 10% of his time was spent,in servicing the fire extinguishers, involving checking the pressure, inspection and recharging. i 29 (3) He described his work as involving maintaining heating, ventilating and air-conditioning equipment. This involved the changing of filters, fan belts, cleaning, in much the same.way as did Mr. Aldham, pursuant to a routine schedule of maintenance. Re also described his work .as dealing with routine breakdowns in much the same way as did Mr. Aldham. (4) He did not perform any work with respect to the steam plant pressure vessels. (5) He described his work as involving minor plumbing work which he performed on his own, the more complicated work was performed by plumbers with his assistance. (6) He installed new kits (faucets), replacing valves and repaired the flushometer, which operates on urinals or toil'ets. He.described his responsibilities as involving the changing of toilet bowls and urinal bowls. He stated that in such cases he would arrange to call a plumber who performed the job with his assistance. (7) He described his electrical work as involving the changing of ballasts, light bulbs and fluorescent tubes. He stated that he did not move switches as this required wiring. He stated that he only replaced defective switches and receptacles. (8) He checked the, amperage on electric motors employing a tester to see if the correct number of amperes were being drawn, as specified on the motor. (9) He indicated that in the case.of locks which were not 30 operating properly, he would endeavor to overhaul and repair them. (10) He also described his work in attempting to repair non- functioning incinerator doors. (,ll) He worked, with assistance, on refractory (fire) brick - which would be placed inthe door. (12) He worked on micro-switches when they malfunctioned. He stated that if the malfunction was due to parts sticking he would endeavor to clean the parts or replace them. In more -2 complex cases he would request the service of specialized tradespersons. 113) He performed minor carpentry repairs. 114) He unstuck windows, painted motors and.pumps. . . (15) He replaced bearings on motors on a regular basis lone a week). He referred to doing this cn small motors including fan motors and pump motors. (161 He described the breakdown of pre-set and unscheduled work as being roughly equal. (17) He would attend to lightin; problems, in cases where circuit breakers had tripped. (181 He also attended when an area was too hot or too cold or where doors would~ not open. (19) He added that the work on fire extinguishers was generally ccnfined to one month during the summer. (20) He referred to the fact that he would replace, not repair, heat controls and thermostats. 1 He indicated that he might requisition parts frcm stores or buy equipment from petty cash. He believed that his limit was $40.00. He went on to add that his supervisor would authorize any purchases. (22) He worked on the hot water or steam heating systems ..~L 31 where he would make adjustments in pressure and bled the lines for air locks. He referred to working on the forced air‘cil burner system, where he would check electrodes and fuel lines, clean the burner nozsel and change filters. If this did not 3 correct the problem, he would arrange for an oil burner mechanic to be called. He stated that he could usually get the oii burner working. He testified that if the electrodes were no longer functional he would replace them. . (23) He generally did not do janitorial works such as . 'replacing soap.in the soap dispensers. (24) 'He described the work performed by him when he worked in the region where Kemptville is located, and not at the Kemptville centre,' and testified that he performed zhe'sane type of maintenance in government buildings within the region as he performed at Kemptville. 125) He described his being trained to work on the fire'. extinguishers over a,two day period by tradesmen and said he once attended a seminar in Ottawa. (26) He also described having attended a one day seminar in Toronto with respect to air-conditioning,maintenance. 32 (27) in describing his work with pumps, he stated that he might need assistance from another trade such a plumber. He indicated that he or the plumber might lead in completing the work and that this would depend on which of them were more qualified. . (28) In describing the faucet kits, he said, in cross- examination, that they included washers and cartridges, some would take a whole cartridge and some would be made up of valves, stem and seal with a tap washer and some would involve work with a tap washer on a seat. He referred, in cross-examination, to placing seals in pumps, new couplings between the pump and motor, keeping a record of bearings, if the bearings had not been replaced w'nen in a ,torn down state. tie also referred to.the replacing of oil pumps. (291 He did not perform conbustion tests on oil burners. (30, His recorded historical information concerning machinery on cards. (31) In cross-examination, he testified that he worked with a technical clerk of the district office in connection with the establishment of a history for a particular piece of equipment. He was responsible for setting up the card index for all mechanical equipment in the district. The historical record provides information as to size, number of pieces in each, building. It represents a means of inventory control as well as a means of determining where equipment is located. (32 ind ) ,i, 33 He was responsible for maintaining a control card which cate when equipment requires service. 'From his evidence, I gathered that this information is transmitted to the technical clerk. The decision as to the frequency of service is decided by Mr. Render's supervisor. . . (33) He indicated that he has a grade 10 education-and has taken maintenance courses at Algonquin College in Ottawa dealing with welding (gas and electric), metal fabrication, drafting, English up-grading and Algebra. Before being.employed by the Ministry he was employed by .a. feed company and worked.with mechanical equipment, including motors, pumps, electrical control panels and air-compressors. He also worked with industrial size sewing machines and staple machines. He also serviced lift . trucks. He also obtained experience in working with domestic electric refrigerators, assisting in the changing of compressors and the injection of freon. (34) In cross-examination, he stated that when on the road he would communicate with his supervisor several times a day but it was basically not possible to furnish him with much supervision and he had wide latitude when in the field. Evidence of Brian Bellinqer The Employer called as a witness, Brian Bellinger, who was the District Manager for MGS in the Kemptville District. His major experience prior to employment with the MGS was in his own construction business for approximately 20 years and as a 34 specification writer with the Ottawa Housing Authority. As a specification writer, he wrote specifications for contracted repairs in maintenance as well as construction and maintenance specifications. While in the constructicn .business he wrote new construction specifications. As District Manage: he was responsible for the provision to all ministeries in the district of accommodation. This includes 340 government owned buildings and 150 leased buildings and a -.! number of houses in land banks. As part of his job, he was responsible for a staff complement of 56 employees including 4 unclassified employees. The Grievoris cne of the members of his / staff. Mr. Eellinger testified: ' (1) The Griever's job had been audited once-before, some three or four year's ago, when the Griever questioned his classification; Esther Kulman,. from the ?ersonnelDepartment in Toronto, performed a classification study employing a list of duties. The Grievor was a Steam Plant Engineer 1 which paid more than an Maintenance Mechanic 2. In the result, the Grievor was red circled, which meant that he would remain in his position until he would be classified as more than a Steam Plant Engineer 1. (2) The notations on Exhibit 3 indicating routine difficult) or complexity, while it might lead to certain involved procedures being performed, was, nevertheiess, routine in the sense that the proced,;res had to be repeated over and over again. - -- 2, He regarded the cards created when new equipment was installed (Exhibit 6) as representing a routine task performed with frequency. These cards would be brought forward ona regular basis for the Grievor to perform his routine ta'sks. t.3 ) Referring to Exhibit 7, the Work Authorization Form, . I the witness stated that this form would go to the Griever for performance of a task. It described ~for the Grievor the list cf duties to be performed by him. (4) He referred to Exhibit 8 as representing duties to be performed daily, being in the form of a check list. (5) The Griever's job involved.mostly uncomplicated matters. An example chosen by him in identifying what he regarded as being minor was a case.where small cracks would be found within the boiler. In such case the fire clay in. the * boiler would be patched. Where the defects were major, an outside contractor would have.to be brought in to replace the clay or create a major patch. The Grievor would only be expected to do minor patching. (6) He regarded such tasks as checking tension belts on air handling units, replacing the belts and the drive couplings or bearings as representing minor repairs. He identified major repairs as arising when a unit would cease operating and, in order'to repair it, the mechanism would have to be dismantled. He compared this with merely replacing the bearings. (7) In referring to the allegation that the Grievor had repaired a coil, the witness stated that he could only recall 1 36 this being done once and that it was IL, -ye in the nature of routine servicing. He was not able tc recall who performed the repairs but felt that the Griever was only peripherally involved in the repair work. 0) The Grievor did not resolve major problems. He did not . . ..- regard such tasks as setting a thermostat as major and he stated that the Grievor was not expected to replace the wiring in a thermostat. (9) Referring to p.2 of Exhibit 3, Mr. Rellinger testified that the Grievor was not expected to instal circuit breakers in a panel or run to the switch or rcn to the new light fixture. This work would be performed by an electrician. (10) The 'Griever would be expected to adjust and tighten. locks but not to take them apart to add and replace parts. The Grievor would not be expected tc overhaul locks: This would be done by a specialist, such as a carpenter or locksmith. (11) In working on a motor coupling or Rump, the Grievor - would only be expected to recogcize an operations failure and to ask,for a Maintenance Mechanics 3, such as Yr. Aldham to assist. He stated that minor bearing or coupling replacements fall within the Griever's duties, but nothing ,beycnd thaz. 112) The Grievor, in working on the CO2 analyzer, which measures air quality in the garage, wculd replace filters and do routine maintenance, but an expert wo.:ld be expected to set Up / and calibrate the machine. There was a cons-derable difference 37 between preventive maintenance (lutricaticn, etc.) and recalibrating a machi,ne. (13) The Grievor could order materials up to the amount of $25.00 and maintenance work authorization would-have to be ordered by supervision at Kergtville and filled out by the personnel performing the work. (14) Referring to Exhibit 6, he stated'that a clerk at Kemptville would be responsible for the maintenance records. (15) He compared the area for which the Grievor was responsible with the area for which Mr. Aldham was responsible at Kemptville. He testified that the Kemptville complex encomposed 600 acres, comprising 50 buildings related to the College, the Ministry of Natural Resources District Office, the MGS District Office and the. nearby M.inistry of Natural Resources Nursery Complex. He stated.that the number. and diversity of buildings in the Kemptville'complex differentiated the nature of the maintenance work to be performed at the MTC complex on Tremblay Road, which was comprised of a-large office building, truck garage, sign shop and heated storage areas. At Kemptville, there were two large residences housing 300 students, cafeteria, administrative building, library, farm, machinery building, welding shop, student union buildir.g, veterinary lab, steam plant, several lecture halls, green houses. In addition, there were research facilities, farm buildings, a beef operation, a sheep operation and an arena for shows. He compared the work performed by the Grievor and Mr. Aldham and concluded that the 38 Grievor's work was cf a fairly routine nature and that Mr. Aldham's responsibilities we:e much less routine. He described the Griever's wcrk as basically comprising the following standing crders contained in a check list which he performed as a routine every day. He referred to the routine - preventive maintenance functions performed with the aid of cards. He stated that there was a much larger block of work expected of the Grievor that fell within the description of routine. -8 The witness stated that he expected a Maintenance Mechanic 3 to perform at the tradesman level, while he expected the Grievor to perform more at the handyman level. He stated that-a Maintenance Mechanic 3 reqaired more judgment in deciding what should be done in the case of malfunctioning equipment. The S Grievor, he stated, was only required to recognize when a component required replacement cr ‘repair; A Maintenance,Mechanic 3 would have to decide whether a unit ought to be replaced or repaired. He state< that a Maintenance Mechanic 3, such as Mr. Aldham, would have to have greazer involvement in the creation of a preventive maintenance progray, while the Grievor would only have,to carry out s-ch a prograrr. He stated that the Grievor would not be expected to train cr supervise anyone, while there might be occasions vhen W. Aldham would do so. He saw the Maintenance Mechanic 3 position as requiring an incumbent, such as :!r. Aldham, zo resclve the problem in his own way over a large and diverse area. The Grievor, on the other hand, would be expected :c repcrt a problem and nor attempt to 35 resolve it except for very minor matters. The Griever, Mr. Bellinger testified, would be expected to refer tll matters of any complexity to his supervisor. (16) From his cross-examination, it became apparent that Mr. ~@ellinger was speaking of a theoretical situation ant was not really aware, as a result of direct observations, of what the Grievor actually did, or was expected to do in practice. Ee acknowledged that there was no Maintenance Mechanic f or skilled tradespersons at the Tremblay Road facility and that :he maintenance routines there were different and he was not really aware of’who prepared the routines as set out in Exhibit 6 He did not appear to know whether the Grievor did, in fact, perform more closely to the, level df Mr. Aldham or other “’ Maintenance Mechanic 3s or whether the Grievor had greater latitude in decision making; as the Grievor testified. His knowledge of what ‘was ~expected of Maintenance Mechanics 3s also appeared to be based eon theoretical expectations. (17) He did notregard the changing of bearings, as performed by the Grievor, as representing complex wcrk. He compared, what he regarded as, the simple changing cf bearings on a fan belt, as performed.by the Grievor, and the more complex changing of bearings on an automobile. (18) In comparing jobs, Mr. Bellinger stated that Mr. Aldham was required to work throughout the entire region or. a wider variety oft equipment and would be more likely to be sent c-t to correct a problem. This was compared with the Grie\.:r’s m..)re i 40 routine work performed on a scheduled basis. He stated that a Maintenance Mechanic 2 was expected to take out a part and replace the same part while a Maintenance Mechanic 3 was required to go out, correct malfunctioning equipment, realign equipment, ..end.put such equipment back in operation. This would require .setting up, diagnosing a problem, fine tuning and adjusting the set-up, (Mr. Aldham) compared with taking a part out and putting it in and turning the machine on (the Griever). By way of example, he referred to the steam converters at the College in Kemptville, which heat tubes of hot water. If one fails, a Maintenance Mechanic 3 must dismantle; diagnosis, -clean, .- reassemble and put it back into operation. This, he qualified by explaining that the work'would be'done by a -team made up of a plant engineer and others, including a Maintenance Mechanic 3. ' In this case, .Mr. Aldham would assist. He described Mr. Aldhamn as being required to perform the job with the assistance of .others such as a steam plant engineer. I concluded that the i, witness believed that this would be the case but had never directly observed the work. (19) Another example cited by Mr. Bellinger, related to the incinerator at the College, which is a large oil fired unit, described ,as a top loading unit with a pneumatic door, which was characterized as a "unique piece”. The pneumatics were said to ,~ be controlled electrically. On occasion, when the door would not work, there could be a number of explanations for the malfunction. Mr. Aldham was said to routinely fix this kind of 4i item. .In similar- circumstances, a Maintenance Mechanic 2 would be expected to call for assistance frcm an electrician and a tradesperson experienced with compressed air. He stated that he had never seen the Grievor perform work of this complexity. I found no evidence to show he had ever seen the Grievor working. Mr. Bellinger acknowledged that there were some large fairly complex units at the MTC garage, referring to the heat recovery system from the spray booth. However, he was of the opinion that this was. simpler in operation than the incerator above referred to. (20) Mr. Bellinger acknowledged that Mr. Landry and Mr. Aldham performed some similar tasks but stated. that a Maintenance Mechanic 3. would be expected to perform 'up to the Maintenance Mechanic 2 level and beyond. Evidence of Maureen Croll Maureen Croll was called as a witness on behalf.of the Employer. She is employed as a Building Superintendent and has held that position since 1984. This required her, among other duties, to supervise operational and maintenance service contracts as well as Min~istry staff at remote buildings. She was the supervisor of the Grievor who reported directly to her at all material times. Her office was at Kemptville and she was some 30 to 40 minutes away by automobile. She would personally communic- , ate with the Grievor when she was at the MTC complex. She testified as follows: 1 i 42 (1) That she would review work assignments and discuss problems *'ith the Grievor, when she was at Trembly Road and that she was available to deal with problems as they came up by telephone. She had no trades background and would rely on the :Grievor's initial assessment as to what-trade to call upon. (21 At the beginning of the month, the Grievor would receive mcnthly work assignments which were contained on cards stating the type of maintenance duties tc be performed. The Grievor wculd then perform work, sign and date the documents evidencing that~ the work had been completed. (3) Ms. Croll stated that the program to be followed by the Grievor was prearranged with the assistance of the mechanical supervisos. The frequency of work was based on the type of equipment. (41 The information with respect to the 'schedule was given to a technical clerk at the district office in Kemptville and was furnished to the Grievor either by a mechanical supervisor.or by Ms. Croll. Exhibit 8 was an example of the regular routine tour inspection, demonstrating the check list of functions performed daily. If, during a tour, the Grievor noticed, .for example, that belts~ were noisy or were flapping, he woxld return and change them. This would represent abnormal or anknown matters not planned for. (5) Such duties as painting of machines were performed once a year and other painting jobs were performed as required. .Painting 'was include< in the area of reTilar maintenance. 43 (6) When equipment was malfunctioning and the Crievcr was unable to remedy the matter, he was required to call Ms. Croll. The final decision as to what to do was assigned tc Ms. Croll. Any complex problem would be referred by her co the mechanical or electrical supervisor. If a problem was idecrified, it was up to Ms. Croll to instruct the Grievor as to whet?.er he could go ahead and complete repairs. When it was concluded chat the Grievor could not perform the work, she would refer -he repair function to someone else. As far as electrical work was concerned, the Grievor was only to replace such things as wall plugs, ballasts, light bulbs and fluorescent tubes. When a specialist was called in, the Grievor might assist, for example by getting a tool or assisting in lifting an object. (7) She described the kind of plumbing work'perfonned by the Grievor as being limited to replacing washers, adjusting taps, unplugging toilets, replacing parts wizh repair kits and unblocking grease traps. The Grievor assisted plumbers by doing such things as taking off bolts, assisting in the roving of fixtures and directing the plumber to the proper area. (8) In referring to work on the CO2 analyizer in the garage,. Ms. .Croll stated~that the Grievor wai not authorized to do any work on this piece of equipment. If there was any problem with the equipment, he was.instructed to refer the matter to Kemptville and an electrician would then be called in with the Grievor providing non-trades assistance. i . 19) In referring to work involving heating, ventilating and air-conditioning units.in the MTC complex, Ms. Croll stated that the Grievor would adjust heating valves, replace valves, take off old insulation from heating lines and rewrap the pipe. She did not refer to any work relating to ventilating equipment performed ..'. by the Grievor and stated that only minor maintenance functions were performed by him on air-conditioning equipment. (10) She stated that a Maintenance Mechanic 3 would perform .more work requirin; greater skill in all the areas in which the Grievor was involved. She stated that if there was a Maintenace Mechanic 3 assigned to the MTC complex, and the Grievor was not there, the Maintenance Mechanic 3 .would be required to do. all of the work performed by the Grievor plus some operations requiring . more skill. In cross-examination, Ms. Croll stated that a ' . Maintenance Mechanic 3 did many of.the,same things done by an Maintenance.Mechanic 2, but performed tasks calling for slightly greater skill and initiative. Further, in cross-examination she acknowledged that she had'no Maintenance Mechanic 3 under her supervision and that she had never supervised an Maintenance Mechanic 3. Ms. Croil acknowledged that she had no technical qualifications at the time the grievance was filed. (11) After the Grievor filled out the cards, as described by him, relating to new equipment, it would be up to her and the mechanical superintendent to set up the schedule of routine maintenance. This schedule would then be given to the technical clerk who would put it on the formal card system (record and history card). (12) The operations manual would. be kept in the Kemptville office. In the case of equipment involving electrical detail, the routine would be worked out between herself and the electrical supervisor. (13) In referring to calls frcm the Griever, identifying problems, e.g., of an electrical o: mechanical nature, she stated she could not recall a situation where the Grievor could not identify whether the problem was electrical or mechanical. (14) She described her infrequent observations of the kinds of work actually performed by the Griever as disclosing a .handyman's rather than a tradesperson's level of performance. 'Evidence of Beth McCormick The Employer's final witness was Beth McCormick, employed in personnel administration by the Ministry. Part of her job involves performing job audits and she performed the job audit (Exhibit 3) with respect to the Grievor. Her evidence was, as follows: (1) In her view, a major "matter" would require a disassem- bling and reassembling of parts or equipment such as the overhaul off a compressor. She stated that the Griever's involvement in such cases is limited to calling the disrrict office to have a specialist tradesperson sent to perform the work and that the Grievor would merely assist on a handyman level. 46 (2) In her conversations with the Grievor, while performing the audit, she concluded that he felt he had a supervisory role in the various contracts where tradesperson were sent to effect repairs. This was because he advised them where the equipment w.as to go and that he observed.them in order to see whether the _ work was being properly performed. He also felt that he.was acting in a supervisory capacity because he might ask.them to repeat the job if he was not satisified that the correct result had been achieved. He also relied on the fact that he,signed service reports. (3) She felt that the Griever's involvement in these circumstances was rather limited and minor, involving-a call to the Kemptville office to have some.one sent to perform work, and when that person.arrived,.to point out the location where the work was to be performed and to assist them by doing such things as removing bits.of pipe, shovelling debris, assisting in the obtaining of such items as pipe from the tradesman's truck and filling in holes with asphalt. .( 4) She prepared Exhibit 4 and chose the maintenance classification because the nature of the work performed by the Grievor fitted into one of the levels of the classification and she proceeded to find~the appropriate level. She examined the first level and the nature of the work outlined and the typical tas:& and found a few of the tasks to be similar, but concluded that the Grievor did more. She noted that paragraph 2 of the positions specifications for the Maintenance Mechanic 1 position - 47 (first line) disclosed that it covered handyran tasks and also the previsions contained in the fourth line, but ccncluded that the Grievor was responsible for zore stistanzial wcrk. (5) She next examined the Maintenance a'echanic 2 classification and concluded that. virtually all portions of the level applied to the duties of the Grievor, involving semi- skilled work. Some areas did nor apply (these relating to the care and maintenance of building areas) nevertheless she found this class to represent the best fit. .To test herdecision she examined the Maintenance Mechanic 3 classification and concluded thattbe work Rerformed by the Grievor was less complicated than the tasks provided for in the Maintenance Mechanic 3 classification but equal to those'found in the Maintenance Mechanic 2 classification. She concluded that the Grievor would not fall under the Maintenance Mechanic 3 classification as he did not fit into any of the three categories set oJt in the class standard, whereas he qualified under the three requirements provided for in the class standard for Maintenance Mechanic 2. Analysis Ecth parties referred to the jurisdiction of the Board as ,approved by the Divisional Court (See OPSEU v. 'The Queen in then Riqht cf Ontario etal. (1982), 40 O.R. (2d; 142 at 145. There the Ccxt stated: "3 a classification grievance the Board is generally mandated' to consider two matters, namely whether or not the Crievor's job measured against the relevant class standard comes within a higher classification w?.ich he seeks, and, e':en if he fails to fit within the'hig;:er clrss standards, 40 whether there are employees performing the same duties in a higher more senior classification." In dealing with the latter test, the Union called Messrs. Render and Aldham, who were Maintenance Mechanics 3, who had worked at the Remptville complex. No serious challenge was made to the ‘description of their duties, on behalf of the EmPloyer, and, in fact, it was submitted that the duties performed by the Grievor were not "the same duties" as performed by the employees in the "more senior classification," referring to Messrs. Render and -1. Aldham. It was acknowledged that there was no supervision for the Grievor present at the MTC complex. The evidence of Ms. Croll was that she rarely had occasion to see the Grievor performing his duties as she was located at the Kemptville complex and only saw the Grievor about once a week. I find that at such times she did not actually view his work being performed but discussed with .-.. - him problems that he might be having. Mr. Bellinger had never seen the Grievor functioning in his job and was testifying largely on the basis of what he would expect the Griever to do in carrying out his job duties. Ms. McCormick and the Grievor, where they differed in the assessment contained in the job audit, differed in their view of the complexity of some of the tasks performed by the Grievor. MS. McCormick, while she had kneed to refer to the class standards for the Maintenance Mechanic 3, in performing the job audit, had never observed the work actually performed by Messrs. Aldham and Render, as Maintenance Mechanic 3s. Her a;ldit was based on her considering "whether or not the 49 Grievor's .job measured .against rhe relevant class standard [came]' within a higher classification which he [sought]." There was no suggestion made on behalf of the Employer that Messrs. Render and Aldham were Rerforming duties which departed from those expected of other Miintena?ce Mechanics 3s and, as above noted, they were stated to be engaged in work which ought to be contrasted with that performed by the Grievor. Dealing with the second criteria established by the Divisional Court, ,fbr a Grievor to sccceed,upon a Vlass usage" claim, the Union must show "that the Zmployer’s actual classific- ation system differs from the written one." Re Brick and Ministry of Transportation and Commur.ications (1982) GSB 564/80 (Samuels), at p.50. In Re G. ?iffard et al and the Ministry of / Community and Social Services L982, GSB,602/84; 605/84; 606/84; , r .reference was made to Re Crockford and Ministry of Communitv and Social Services (1985), GSB 545/83 (Roberts)'; at p.10; and Re - - Aikins and Ministry of Health (19831, GSB 603/81 (Draper) standing for the proposition: "In ix decision over the years, the Board has come to accept that this test is satisfied upon a showing that the Grievors are Rerfozing substantially similar work to that assigned to a job in the higher classification." In the Piffdrd case, the, arbitrator saic further at p.55: " . . . we accept the measure of 'substantial similarity' as whether the work of the grievors 'is the same in its distinctive and essential elements as that being pe rformed by employees in the classification sought."' 50 In :he present case, the-Union entered evidence which was intended to show that the work performed by the Grlevor was substantially similar to the work actually being performed bye Maintenance Mechanics 3s, the examples chosen being -Messrs. .Bender and Aldham. As noted above, the evidence as to what Messrs. Render and Aldham were doing in their jobs was not seriously chalienged, the Employer endeavoring to demonstrate by comparing work of those Maintenance Mechanic 3s and the Grievor that the necessary degree of similarity ofjthe work performed was absent. Counsel.for the Employer,referred to a number of earlier cases where a test of virtual similarity had to be satisfied before the second part of the test could be met. The later : decisions~cited in this Award recognize that it is not a task for task comparison that must be met but rather a test based on "distinctive and essential elements . . . being performed . . . " This is how I view "the same duties". In the circumstances, the fact that the Union has acknowledged that there are differences between the duties performed by the Grievor and those of Messrs. Aldham and Render is not fatal to the Union's case. Nor is the fact that the Grievor performed certain steam plant duties and Messrs. Aldham and Render did not is not fatal to the Union's case. The question is whether the nature of the those duties "is the same in its distinct and essential elements as [those] being performed by" Messrs. Render and Aldham. 51 The Employer relied on the fact that Mr. Render maintained fire extinguishers in the region but the Griever did not. It would appear that no Maintenance Mechanic 3 other than Mr. Render, performed the fire extinguisher job and it would be unnecessary for the Grievor to show that he also serviced fire _ extinguishers. Most of the,functions pe:formed by the Maintenance Mechanics 3s, and by the Grievor, require a level of skill and responsibility which is considerably less than would be expected of a licenced tradesperson. ~j A further difference relied upon by :he Employer was that the Grievor worked alone in a relatively small complex whereas Messrs. ,Aldham and Render worked at a much larger complex 'which included the'Regiona1 Headquarters: Nevertheless, I. find that . the work there performed and the level of skill applied to the various functions was essentially the same as that performed by the Grievor. On the evidence adduced and employing the first test, I might have had some difficulty in finding that the Grievor fell under the Maintenance Mechanic~3 classification, yet, I would have the same difficulty, net knowing where the Messrs:Aldham and Render had been classified, in finding that they were within the Maintenance Mechanic 3 classification. But this is not the analysis that I am presently engaged in. Neither the Grievor, nor Messrs. Render ore Aldha.., engaged in what I would regard as a major repair function associated with certifie:! tradespersons. The range of buildings -&here maintenance functions were carried out is not partic,iiarly significant. What 52 is significant is the nature of the functions there carried out. There may be many more complex pieces of equipment at the Kemptville complex. The question is; however: what was-the --. ---~.. responsibility of Messrs. Render and Aldham with respect to such equipment? I could find no significant difference in what Mr. . Render and Mr. Aldham did in performing their various maintenance . . functions on equipment and what the Srievor did at Tremblay Road. Messrs. Aldham and Render had to travel further and were involved with more kinds of equipmen=, but only in ways that were functionally very similar to the involvement of the Grievor. They all cleaned, made minor adjustments, uncomplicated repairs and summoned assistance when repairs were-required which were in -- any way complex. That is, those requiring the services of skilled tradespersons. Notwithstanding the submission by the Employer, when I compare the evidence of Messrs. Aldixm and Render with that of the Grievor, I cannot find that the work they performed was in any meaningful way more complex, nor do I find that they were unsupervised to any greater extent :han the Grievor or had greater decision making powers. All of them followed more or less established.routines and Messrs. Aldham and Render had supervision close at,hand. The Grievor, on the other hand, while he had to follow regular routines, as well, seems to have rarely had any one look in on the non-scheduled repair work he was performing. That is, no one seems co have checked to see whether he was doing what they may have believed he was doing. He 53 received many calls, for assistance when probiems arose with ..~ respect to machinery and equipment he attended and personally looked after simple mattersby-clbsing~.windows, changing light ~~- bulbs, installing ballasts on occasion, installing fluorescent Ilights, installing light bulbs, opening and closing, switches, cleaning filters, changing bea,rings, replacing switches, doing simple plumbing work, such as changing taps, cleaning traps, installing toilets and other work ranging from the lower to the higher level of handyman's work. So were, according to their evidence, Messrs. Aldhain and Render, although the Employer endeavored to elevate their functions to a level higher than that performed by the Griever. While it was stated by Ms.~Croll, who had never supervised Maintenance Mechanics 3, and by Mr. Bellinger, who never supervised work of Maintenance Mechanics 3s, ' and by Ms. McCormick, who was operating from class standards, that Ma~intenance Mechanics 3s worked under less supervision than the GrievorI the evidence did not disclose that this was the case. The differences which the Employer relies on were largely differences relating to location work and the different kinds of equipment worked on and the relative time spent for scheduled and unscheduled work,. What was overlooked was the actual nature of the work performed, which did not on the evidence~~presented, involve repairs beyond the handyman level. On the evidence, I found the Grievor and Messrs. Aldham and Render had only the vaguest idea of the ratio between scheduled and unscheduled work 54 -- performed by them, and they had little confidence on the "ball- park" figures which they furnished. The figures chosen by them were rather "out of the air." In the result,- 1~ was lef.tto_rely on their description of what they said they did. I feel we might ,have been assisted by the evidence of those persons who directly supervised Messrs. Render and Aldhani: I did not find the application of the skills or knowledge of a skilled tradesperson in the performance of the Grievor or Messrs. Renderjand Aldham. The fact that Mr. Aldham appears to be the only one certified in a skilled trade does not change this fact. He did not,function in a trades capacity, at least according to the evidence which he gave and which I-accept. When the Grievor stated that.he did not do all the jobs.of 'the Maintenance Mechanics 3s, he was referring to the kinds of machines and equipment s~ome Maintenance Mechanics 3s worked on and not the nature of the functions performed on those machines. I find the functions performed by the Grievor to be substantially similar to,the kinds of work performed by Messrs. Aldham and Render. It may very well be that Ms. McCormick's view of the Griever's work, where she and the Griever differed, is correct. That is, in the identification of some of the work asbeing minor. This is not determinative of the issue before me, the question being related to a comparison of what the Grievor did with what Messrs. Render and Aldham did. ,. fS -The Employer'relied on a supposed difference between the responsibilities of Mr. Aldham and Mr. Render as Maintenance Mechanics 3s and Mr. Landry. While-it is-true that- in-the ~view---- of Ms. Croll, Mr. Bellinger and Ms. McCormick, Mr. ',andry was ,nly required to identify problems to itemptville and Messrs. Aldham and Render were required to identify and rectify problems that occurred, the evidence disclosed that, in practice, the Grievor's functions did not differ in any material respect from those.'performed by Messrs. Aldham and Render as they related to .the identification and rectification of problems. All of them only endeavored to rectify identified problems at a level well below that of a licensed tradesperson. When Hr. Bellinger and Ms. Croll testified that the Grievor was only required to identify problems to Kemptville, they were.operating on the basis of expectations. The Grievor was permitted to function as he did for many years and' there was no evidence to indicate that he was asked to change the way in which he performed his functions after the grievance was filed. My view of the evidence is that all three employees performed routine preventive maintenance functions and also spent a significant portion of their time answering non-routine trouble calls. They appear to have been equally capable of identifying the source of problem and limited their attempts at rectification to skills and ,knowledge at a level considerably lower than those associated with the skilled trades. I would emphasize that the knowledge of El:. Bellinger and Ms. Croll as to what the Grievor did in Rerforming his . . 56 functions, as contrasted with their view of what they believed'he was suppose to do, compels me to view their descriptiori of the Grievor's functions as based on theoretical expectations. Because of the independent way the Grievor was permitted to ,$unctiq-i, there is no one who could refute his evidence based on direct observation. On the evidence, the work performed by the Grievor was functionally the same as that performed by tiessrs. Render and Aldham, within the limits set out in the Aikins case. This is seen to be the case when thejdistinctive and essential elements being performed by the employees in the Maintenance Mechanic 3 classification.(Messrs. Aldham-and Render) are compared with the distinctive and.essential elements of the work being performed by the Grievoi. Mr. Bellinger's identification of a difference between the work of Mr. Aldham and Mr. Landry, based on the fact that Mr. Aldhsm worked on a wider variety of equipment is not signifi- cant given the very limited functions performed by Maintenance Mechanics 3s, and Mr. Landry. Notwithstanding what Mr. Bellinger believed to be the case, I did not find the work of Mr. Aldham significantly different from that of the Greivor in the area of diagnosing problems. The diagnosis was basically one that the equipment did not work and there was an assessment as to whether a plumber or an electrician or othei person was needed. The Grievor did this in much the same fashion as did Mr. Aldham. Any repairs effected tended to be well below the standard of skilled tradespersbns. Mr. Aldham was said to change taps as a unit, 57 while Mr. Landry only replaced washers;etc. This-was not the- evidence forthcoming from Mr. Landry and Mr. Eellinger's evidence was based on what he,believed to be the case. On the evidence, I- did not find that either Mr. Aldham or Mr. Landry resolved major problems. Once again, the Employer's reliance on a vas: differ- ._ ence between the work sites and the variety and number cf buildings and related equipment did not, in any significant .manner, affect the functioning of Mr. Landry and Mr. Al&am. Throughout the Employer's ar.gument, emphasis was placed on different types of equipment being~worked on and different types of tools used. There was one difference referred to in that Mr. Aldham had on site oxy-acetylene and arc-welding equipment and did braising .and fabrication welding. The evidence disclosed' ' that Mr. Landry did have occasion to perform welding. Similarly, there was evidence from Mr. Aldham that he went through a fairly,complicated process of repairing the incinerator including using a chain to remove the doors. He testified as to his repairing the incinerator by first by-passing a safety micro-switch and making the necessary adjustments either mechani- cal or involving the electrical solenoid. The evidence disclosed that Mr. Landry did not have any equipment of this nature at his job site. and did not complete any repairs of this nature. There was evidence from E",r. Aldham as to his completely replacing toilet bowls while it was suggested that Mr. Landry was limited to the installation of standard repair kits in the toilet I. r- 58 tank. Such was not his evidence which disciosed a more extensive involvement including sink installation. Mr. ‘Render testified that &serviced and charged-fire extinguishers and replaced complete faucets and taps. While the Grievor did not service and charge fire extinguishers, he did . . maintenance work of equal complexity. The short training required to perform work on the fire extinguishers did not satisfy me that this created maintenance skills beyond those possessed and carried out by the Grievor. While Mr. Render checked amperage of electrical motors with testers, there was evidence that the Grievor did the sanmwork. While Mr. Render overhauled and repaired locks , my examination of the evidence does not disclose that the work on’locks performed by the Grievor, which.was of fairly minor nature, differed in any material respect from the work performed by Mr. Render. Mr. Render poured refractory into incinerator doors and repaired electrical malfunctions in the incinerator including limit switches, however, when I examined the evidence the nature of the repairs fell below that which require skilled trades qualifications. The Grievor also did repairs to the refractory brick.’ Although Mr. Render replaced heating controls and adjusted pressure reducing valves, the Grievor also adjusted pressure reducing valves and the nature of the replacement of heating controls by Mr. Render was of a fairly low level of complexity, as he himself testified. The nature of the repairs performed on ‘> 59 oil burners by MZ-. Render was not very differen: from that performed by the Grievor. Both of them szated that they would only call the oil burner mechanic if they could not get the unit going and neither of them attempted to do work ::?at cculd only be performed by a licenced oil burner mechanic. . While the,posicion of the Employer was that none of the oil burner duties was performed by the Grievor, the Grievor testified otherwise and as above noted there was,almost no .direct supervision qf the Griever's performance. I am more impressed.wit>. the evidence given by Messrs. Render and Aldham than the gloss endeavored to be placed on it by Mr. Bellinger. He seems to have been quite removed from their work peiformance and I am not satisfied that he actually ever saw them performing work over any significant period of time. If it was intended to der.onstrate that the evidence given by Mr. Render and Aldham deliberately downgraded the complexity of their functions, I would have expected their supervisors to testify. They had supervision cn site and in the absence of such testimony.1 accept the description of their functions furnished by them, which I four6 to be at.a lower level than Mr. Bellinger believed to be the case. There was an endeavor on the part of the Employer to find a .difference between the functioning of Mr. Render and the Grievor by referring to Mr. Render's setting up and cress-referencing Of a card system, by buildings, for various :ypes :f equipment. He prepared an outline of information required on cards for new installations, after recording the manufa:turer's maintenance and < 9 60 servicing instructions. He reccrded the dates and details of maintenance;repair and servicing work perfcrmed on equipment, passing this information to the technical clerk in Kemptville for posting to the respective cards. He recommended a preventative maintenance schedule for the egdipmenc and recommended changes as appropriate. It was suggested :hat all Mr. Landry did L;as follow preventative maintenance scheduied as outlined on cards which were prbvided each month by his supervisor.~ Mi. Landry's evidence was that :ind while his involvement in the prepa:ation of cards might not have been as extensive as Mr. Render's, it was sufficiently close to.it to sa tisfy me that there was no appreci- able difference in their functioning to be discerned. There was no indication as to Mr. Aldham's invclvemenz in the card system . being significantly different from that of the Grievor. Inevitably there will be differences in the actual functioning of employees who, nevertheless, can be found, looking at the totality of the evidence, to be performing functions which are i substantially similar. .If I accepted the test as to similarity put forward by the Employer, the Grievor would fail on the second branch of the test. I do not agree with the Employer's test which requires that the Grievor perform virtually the same duties as Messrs. Render and Aldham. There has been a change in the jurisprudence which is less rigid in its definition of what constitutes performance of the same Curies. Such a test recognizes, more fully, the fact tha: every duty between two jobs can never be completely identical ar.2 the soluticn to the prcblem T !T 61 is not assisted by requiring that the duties of the two jobs be virtually the same. It is the functional demands which must be assessed. This becomes clear when one examines the jobs performed by Messrs. Aldham and Render, both Maintenance ,&lechanics 3s. There jobs are far from being identical and were aiso far from being virtually the same. Nevertheless, the Employer made no attempt to show that they represeazed isolated examples of persons performing at the,Maintenance Mechanic 3 level who were not representative of persons normally occupying that classification. There were as many differences between the work performed by‘the' Grievor and Mr. Aldham as there were between the work performed by Mr. Aldham and Mr. Render. Nevertheless, the distinctive an+ essential elements,making up the functions performed by them, as opposed to the Rlaces they performed them or the machines and equipment found in those places, where substantially similar. All of them did a substantial amount of simple uncomplicated routine maintenance and their non-routine maintenance functions were considerably below the skilled tradespersons standard. All of their attempts to remedy machinery breakdowns fell well short of the standard expected of skilled tradespersons and all of them seemed equally capable of identifying which skilled tradespersons services would be necessary where a breakdown occurred. In the result, I conclude that at the time of the Grievance t:?e Grievor's duties and responsibilities, while t:-.ey required different jobs to be performed than those performed by < 62 Messrs. Render and Aldham, nevertheless involved duties and responsibilities that,‘were "substantially similar" to those of Messrs. Aldham and Render representing duties and responsibilities required of Maintenance Mechanics 3s. I find that not only the regular preventative maintenance functions but, as well, the non-scheduled maintenance functions were substantially similar in the case of all three witnesses and that I could not find any significant difference in exercising independent authority to make repairs to exist betweeg them. After the grievance was filed no authority was withdrawn from the Grievor which would alter the way in which he was to carry out his responsibilities. I have nothing to say about what would be the case if the functicning of the.Grievor was changed to ccmply 'with the view of Mr. Bellinger and Ms. Croll of the responsibilities the Grievor was to undertake as part of his job. In the circumstances, the grievance succeeds on the second test involving substantial similarity of duties and responsibilities and I need not consider the first test. On the evidence, I would find that the Griever ought to be awarded the classification of Maintenance Mechanic 3. The Grievor is entitled to retroactivity pius interest in accordance with the rule ennunciated in Re Smith and Kinistrv of Community and Social Services (19851, GSB 237/81 (Roberts), which "would limit retroactivity to 20 days before the date of filing of the grievance. " Id. at p.5. There are no circumstances which I find - to raise an equity against :he Mizistry's reliance on this rule. 63 Interest is awarded upon retroactive payments in accordance with the formulations set forth in r.- -3 Jones and NLnistry of Correctional Services (19841, ESB 537/82 (Jcliffe). The Soard will retain jurisdiction of this matter perking implemectation by ehe parties. . DATED at London, Ontario this 10th day of April, 1987. M. R. Gorsky Vice-Chairman