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HomeMy WebLinkAbout1984-1320.Stocks and Hendrix.86-01-061320184 & 1325184 Between: Grievor Fqloyer Vice-Chs.irmm M;mber Member For the EWoyer: P. Cdner Staff Relations Officer (~Central Region) - Toronto Persurfhel Services Section Hearings : : Ame 12th, 1985 & September 6th, 1985 - 2 - DECISION On November 7, 1994, Steven Stocks and Joe Hendrix filed identical Grievances alleg~ing improper classification as Maintenance Electricians. Both Grievers seek reclassification to a different Class Series, namely “Services Officer 1". At the Hearing, tre Union proceeded Hith the Stocks Grievance on the understanding that the outcome would determlne the merits of the Hendrix Grievance. The Griever, Steven Stocks, is employed at the Minls- try's Central Region - District 6. He is certified by the Ontario Government as an "Electrician - Constructlon and Maln- tenance", and has been classified as a Maintenance Electrician since February, 198.2. The Griever acknowledges that in 1992 he was properly classified. That Class Standard reads as follows: "MAINTENANCE ELECTRICIAN CLASS DEFINITION: :. This class covers positions involving skilled manual work at the journeyman tradesman level, in the installation, maintenance, repair and general up-keep of electrical equipment, wiring and fixtures in or about a Government building, institution or other establishment, or ln the field. According to verbal or written instructions, the employees in these posi- tions are given assignments by a Foreman, Maintenance Foreman, Suildings Superintendent or Maintenance Superintendent or other officia; responsiole for maintenance or other services. They sketch or f~1Lon - 3 - schematic didgratis as necessary an,d carry the work to completion according to regulations.and accepted practices and following recogoized~ procedures and techniques of the electrical trade. These',employees may‘determine work methods and the work.is .;eviewed for adherence to plans and instructions, satisfactory production and quality of workmanshi~p.8 ZDuties may also enta'il the supervision and instruction of apprentices, unskilled or semi-skilled workers and patient, resident, trainee'or inmate helpers. These employees 'may also be required -to perform> related or other tasks .but at least 60% of their work time must involve .use of the skills and knowledge of the elecr trician’s trade. Employees in these positions wire., inspect, ad- just and repair the electrical compo.nents of electri- cally powered or controlled'equipment such,as: eleva- tors laundry machinery, tioning machinks, refrigeration and air condi- heating equipment, coqking and baking equipment; ,paint baking.ovens, .kilns,. hydra'ul- ic presses, tradesmens' and .machine tools,, .tailorfng and sewing equipment, pumps, milking machin~es, emer- gency diesel alter.nators, 6lectricall.y operated doors and locks. Thev install. check ,and reoair:items such as: internal'telephond and communications systkms; r a T.V. and electronic equipment; lighting circuits , fire or other alarm systems. These employees install, repair-or replace i such as (high' or low voltage): electrical.wires cables; transforme~rs; generators or alternators; . dio, terns and switches, circuit breakers, relays; panel b0ard.S; meters; traffic or flasher lights. They may provide electrical service to construction sites, mobile trailers and the like, and they assist an~d co-operate with other tradesmen and non-trades staff. OR - II. 'This class also covers positions where: (i) there is. only ,one'position, .having only one in- cumbe~nt, in the electric.al trade at the xab- lishment concerned: ,, (ii) supervision over the position is not exercised by a position classified as Maintenance Electri- cian Foreman, and (iii) the sole, incumbent in addition to performing the duties of a Maintenance Electrician (I), must estlmate the quantities of material and labour required; plan and lay out the work; maintain an adequate stock of supplies on site; requisition replacements; keep account of materi dls used and repairs, fabrications, construction, inspec:ions etc. effected, for all work In the Electrical trade carried out athe establishment con- cerned. QR, positions as established where: (i) there are only two positions in the electrical trade at the establishment concerned; (ii) supervision is exercised over neither posltion by a position classified as Maintenance Electri- cian foreman, and (iii) the one incumbent of one of the positions acts as lead hand and is required in addition to per- forming the duties of a Maintenance Electrician (I), to estimate the quantities of material and labour required: plan and lay out the work; maintain an adequate stock of supplies on site; requisition replacements; keep account of mater- ials used and repairs, fabrications, installa- tions, inspections, etc. effected for all work in the Electrical trade carried out atthe establishment concerned. Employees in positions in this class must devote at least 60% of their work time to duties involving the skills of the trade as in Maintenance Electrician (I). QUALIFICATIONS: 1. Preferably technical school education; comple- tion of the recognized apprenticeship in the electrical trade and certification by the Department of Labour; *or an acceptable equiva- lent combination of training and experience; a good rorklng knowledge of the tools, equipment, methods and practices of the electrical trade; a working knowledge of the laws, by-laws and regu- lations governing electrical installations. Ability to work from plans and schematic dia- grams: instructional abiiity: good physical condition. Where the equivalent applies, the applicant niil be - 5 - required to successfully com'plete ‘a Civi~l Service Trades test." 4 Position Specification and Class Allocation Form dated the.9th day of February, 1,981 was presented which appears \( in the following terminology: "PURPOSE OF POSITION' : .' To provide electrical inspection on construction con- tracts and to .carry out a varikty of ‘electrical work at the journeyman level in the instal.lation and main- tenance of spec,ified electrical equipment in the field.. SUMMAR? ~OF DUTIES AND RESPONSIBILITIES - (I) Provides electrical inspection on Construction projects by carrying out~such rasks as:. - inspecting electrical'work performed by a pri- vate contractor pertaining to the installation 55% of traffic signals,, highway illumination, etc. to ensure that they are~constrbcted in accor- dance with.MTC plans; standards,~ specification, an~d Ontario Hydro codes. - ensuring that all materials used fin the in- stallation of highway illumination,-traffic sig- nals,, etc. conform to MTC standards, s'pecifica- tion and Ontario Hydro Codes.. - advising and directing the Contractor to cor- rect deficiencies in workmanship, unsafe work practice and inferior material'.during the pro- gress of work; referring major proble.ms or dis- putes to supervisor for -resolution. -maintaining a daily dfary~ and noting such items as work completed, equipment and material used etc. - preparing inspection reports detailing defi- ciencies in Completed Work and submitting to supervisor and Supervisor of Electrical Crews for review and/or comment along with recommenda- tion for corrective action prior to acceptance of the job. (2) Carries out a variety of electrical work at the journeyman level by performing duties such as: - receiving instructions or plans from super- visor; arranging foi manpower assistance and transportation; listing materials required for - 6 - jobs and preparing requisitions to obtain mdter- ials from stock. 35% - wiring and maintaining the electricaL systems at the MTC Patrol yards and building construc- tion field offices, truck inspection stations, etc. - carrying out preventative maintenance to sub- stations by inspecting high and law voltage sec- tions of cubicle through testing for poor con- nections and faulty equipment, ie main transfor- mer, secondary transformer, switches, conduc- tors, etc.; ordering and Installing replacement p.arts and wiring when required to prevent fail- ure in the highway lighting system. - reporting illumfnaires and converting from mercury vapour to sodium vapour by replacing ballasts. - installing, maintaining and repairing illumi- nation on overhead truss signs - restoring electrical services as required due to accidents, adverse weather conditions and normal deterioration. - responding to emergency call-out from standby at at home with H.T.C. vehfcle; repairing accf- dent damaged traffic signals and street lighting by erecting temporary~poles, installing and hooking up temporary signals and street light- ing ; securing all electrical connecting and cleaning up area. - wiring traffic sfgnal installation from sche- matic drawings and final hook-up on traffic sig- nal installatfon, including vehicle detectors etc. (3) Provides on the job training to lineman/woman, maintenance mechanic 2 and maintenance mechanic 1 and other related dutles such as: - explaining and demonstrating various tech- nlques used in electrical trade and ensuring 10% that all work is performed in accordance with IMTC standards and Ontario Hydro Codes. - ensuring adherence to safety regulation to protect employees and travelling public - maintaining normal traffic flow through work sites - other duties as assigned. EQUIPMENT - Hydraulic aerial and line equipment - Specialized electrical equipment and measuring devices i.e. scopes, v.o.m.'s, meggers, cable ?oca- tar, high voltage live line toois, safety belts and life line. I - 7 - SKILLS AND KNOWLEDGE REQUIRED TO PERFORM THE WORK Accepted Provincial Trade License;'thorough know- ledge of electrical theory; ability to interpret blue prints and schematic designs. Thorough knowledge of M.T.C. electrical systems and components used; M.T.C. practices and procedures and normal electrical tools. Nust possess a v-alid Ontario Driver's license as well as valid MTC Operator's permit. Hydraulic and mechanical knowledge pertaining to the T operation and,maintenaqce of MTC equipment. st. 3ohn's Ambulance First Aid Ceriificate to be obtained as soon as possible.' Knowledge of resuscitation and safety practices established by E.U.S.A. Qualified to operate explosive actuated tooli. Knowledge of the~occupational Health & Safety Act,and regulations .that apply to the work. Good communication skills and interpersonal skills. Working Conditions . Subject to all types of weather conditions, eights up to 65 ft. when working off aerial devices and approx- im.&ely'lOO ft. on work on bridges. Subject to extremely heavy traffic conditions at' intersections (h&gh accident location), freeways, electrical live voltages up to 27,600. .- Subject to shift work and emergency weekend callings. CLASS ALLOCATION Position is involved in skilled manual. work at-the journeyman tradesman level in the initallation, main- tenance, repair and general up-keep of electrical equipment, wiring and fixtures in the fields; accord-' ing to verbal or written instructions, employees are given assignments by an Electrjcal Fbreman. Incumbents follow schematic diagrams as necessary and carry work to completion according to regulations and accebted practices and following recogniied proce- dures and techniques of the electrical trade; incum- bents are involved in providing on.-the-~job traini,ng to semi-skilled.and unskilled .employees ,in electrical crews. All duties pertaining to inspection of electrical work performed 'by contractors dare related to and re- quire the use of skills and knowledge of the electr- ician's trade." - 3 - The Crievor also agrees that in 1992 the Position Specification accurately reflected his duties and responsibili- ties. The Griever alleges that his duties materially changed in 1984 as a direct result of the Ministry’s policy shift to "privatization". A Ministry directive dated April 2, 1984 defined "privatization" as "the transfer to the private sector of both internal services previously carried out within the Ministry, and services provided directly to the public by the Ministry". That directive stressed the importance of "the need to retain a core of expertise wlthln the Ministry". A second Ministry directive dated October 12, 1984 set out priva- tization guidelines for the Ministry's Maintenance Division. That directive read, In part, as follows: "As the Ministry proceeds to explore a greater degree of privatization in summer and winter opera- tlons, the need will exist to upgrade existing main- tenance staff skills to meet the requfrements for alministering contracts and local agreements. This training will take the form of Ministry wide/localized courses to iepart knowledge with re- s?.ec t to the methods of completing various forms for the administration of contracts as detailed below: -Diaries (Contract and Inspectors) -Nethods of Payment -Payment Certificates -Administration of Contract Procedures -Requirements for Contract ~Acceptance -Performance Reports It is envisioned that requisite training needs wili be identified and incorporated into the annual main- tenance :raining plan. The aevelopment of an appro- i . -9-, priate course or courses to respond to these needs will be coordinated by the Maintenance Branch. Following the second 'directive,~ xhe Cr-ievor did participa'te in Ministry courses ,mdinly j.n the. form of sqminars. The Grievor seeks to b6, r'e'c?assIfied: as a; Servi.ces Officer 1. : The Class Standard for SeiVices Officer 1 (Bargaining Unit) was placed before the Board as Exhibit ~11. It.,consists of the class title and an annotation: .!'For co.ntents, of class stand-ard.- refer to: 93140 Services. Supervisor .I..” App,ar.ently the~re exist two class titles cqvering identical. responsJ,bili- ties, one in the bargaining unit and Xhe ot'her~ excluded from the bargaining unit. We were &pplied with a.copy of the Class Standard for Services Supervisor 1 as-part of Exhibit 11. Upon receiving Exhibit 11, the Board expressed con- cern that the class title appea'rs'on the face of the document to be restricted to employees fn.the Ministry of Government Services. Upon receiving advice from the Civil Service Commis- sion, Mr. Codner informed the'Boa?d that there a,re currently 37 Services Officers'1 in the Ministry of- Gover.nment Servic~es, 5 in the Ministry of the Environment, and 2 in, the Ministry of Housing. Mr. Codner 'informed us that there are no Services Officers 1 in the Ministry of Transportation and Communications = - lo- at Dresent. The Board is satisfied that the Employer, by 1:s practice, has waived the provision in the class standard that purports to restrict the class to employees of tne Ministry of Government Services. Nor does the fact that there is at pre- sent no Services Officer 1 in the Crievor's Ministry make the Crfevor's claim to that classiffcation improper. The classifi- cation scheme is the Employer's, and the Employer is the Crown in Right of Ontario, not any particular Ministry. Moreover, ZS the Divisional Court has safd of the rfgh: to grieve improper classification pursuant to section 15.2 of The Crown Employees Collective Gargaining Act, "Where a right to grieve a particu- lar matter is specifically recognized by legislation it ough: not to be restrlc:ed absent's clear intention on the part of the legislature to do so." (OPSEU V. The Queen, 40 OR (2d) 142, at 145.) We conclude therefore, that the Griever is entitled to seek reclassification to Services Officer i, notwithstanding the apparent limitation of that classification to the Ministry of Government Services on the face of the class standard, and notwithstanding that there Is at present "0 employee in that classification in his own Ministry. The Class Standard for Services Supervisor Officer 1 - ll- reads as follows: "This. class covers positions of employees in the Ministry of Government Services who ar.r.ange, inspect, and supervise the installation and repair of either electrical or mechanical systems and equipment in Gove'rnment-owned buildings in all districts except those in the Central Region where the Manager posi- tion is classified at.the Buildings Manager 5, level. These employees estimate Job costs, arrange for contractors, inspect and assess the work of contrac- tors, and recommend acceptance or rejection of claims in excess of tender. They supervise and assign work to foremen or in some districts .directly .to day labour forces. They may also be. required to person- ally supervise the ongoing preventive maintenance program of the electrical or mechanical, services' within the area, including corordination between areas of trade. specialization. In all districts, these employees prepare annual budget estimates based on their assessment of re- quirerren,ts for new mechanical or electrical installa- tions and replacements. In some districts, they may also be required to provide budget estimates for the tqtal operation and maintenance program. SKILLS AND KNOWLEDGE: Sk~i1l.s in an appropriate electrical or mechani- cal trade; supervisory and instructional ability; ability to lay out work assignments from plans and specifications; ability .to estimate costs~ of materi- als and labour; ability to prepare reports; a good knowledge of statutes,. regulations, and by-laws governing electrical or mechanical installations." A Position Specification and Cla.ss Allocation Form for "Services Officer 1" was made anexhibit and appears as follows: "PLlRPdSE OF.POSITION To arrange for and inspect the installation, repair and renovation of electrical systems atid equip?ent at - 12- government owned and leased buildlngs/faci!ities throughout the District. SUMMARY OF DUTIES AN0 RESPONSIRICITIES 1. Makes preliminary arrangements for and inspects installation, repair and ronovation of electri- 90% cal systems and equipment to be carried o*Jt by contract or Orstrict staff by performing tasks such as: - inspecting systems and equipment; making re- commendations as to type, extent and priority of work considered necessary; - preparing preliminary sketches, estimates and scopes of work to be used for preparation of tender documents; - escorting contractors tendering on project to job site; discussing project requirements, etc.; - inspecting electrical installatfon work to en- sure adherence to contract documents, local by- laws, buildfng codes, fire and safety regula- tions; - resolving situations of non-compliance; refer- ring unresolved contractual disputes to super- visor; - reviewing legitimacy of contractors' claims for extras; recommending acceptance or rejection of same; - checking validity of billings submitted for progress payments; recommending whether payment should be made. 2. Performs other auxiliary duties such as: - participating in the preparation of the Regional Electrical Budget for coming years; 10% assessing useful life of all electrical equip- ment and systems; recommending whether equipment should be repaired or replaced; - as assigned. SKILLS AND KNOWLEOCE REQUIRED TO PERFORM THE WORK Valid Electrician's Certificate of Qua!ificatlon issued by the Province of Ontario. Good knowledge of electrical systems, relevant codes and regulations acquired by several years' related experience. Abll- ity to inspect work carried out by contractors and prepare related reports. Good communication skills both orally and in writing. Valid Class C driver's licence. CLASS ALLOC,4TION i . - 13- Under the general supervision of the Contracts Inspector and Supervisor, incumbent inspects various electrical'projects for the accommodation/alteration. programme, minor capital~programme, repair programme, energy conservation and fire evacuation programme (but not including.the maj,or capital programme). These projects are carried‘out by contractors. The work involves.p;eparinq'draft specifications and drawings, estimating labour and material costs, inspecting work of contractors~ to ensure compliance with contract requirements, recommending acceptance or rejection of claims in excess 'of tender, and referring unresolved contractual disputes to Super- visor. Incumbent also assists Supervisor with the prepara- tion of the Regional electrical budget." The Grievo,r alleges. that as a result of privatiza- tion, the manual labour compone.nt of his job has been reduced quite drastically and that conversely the inspection component now represents approximately 85% of the time allocation. The Grievor testified in considerable detail with regard' to hisin- spection functions under three types of contracts; namely, Regional Contracts, Municipal Contracts and .Capital Contracts. It is not necessary ins this Award to review the details of the Griever's changed responsibilities - suffice it to say that they are both numerous and varied and pertain primarily to inspection and clerical responsibilities. \ Barry ~Dimaline, Supervisor of electrical crews in District 6, testified that privatization has in fact materially changed the Griever's duties. The inspection component has been .increased to approximately 70% of the time allocation. He - lb- acknowledged that the Griever might have assumed more responsl- bility than the position required, but noted that in any event he, as the Supervisor, or alternatively the e:ec:rical crew Foreman, held the ultimate decision-making responsibility with respect to the majority of the Griever's inspection functions. Ms. Marie Cardno of the East Metro ?roperty Manage- ment Branch of &he Ministry of Government Services, testified on behalf of the Employer. She described the typical duties of the Electrical Inspector employed by that Ministry. The thrust of the Union's argument was that the Griever's job, measured against the relevant Class Standards, is presently improperly classified and would be more appropri- ately classified as Services Officer 1. The Union did not argue the usage approach. The Employer argued that the Griever was appropri- ately classified as Maintenance Electrician and that there was no basis for the classification requested. In thls matter, in the absence of evidence of the usage approach, the Board is required to measilre t;he duties presently performed by the Griever against the relevant Class Standards. - 15- The Board adopts the rationale of Arbitrator Gorsky in OPSEU (Charbonneau and Skomorcaski) and Ministry of the Environment, 435/30 where the learned Chairman ~sta'tes at'page 36: . . I treat the class standards as being the absolute standard.. The reliance on evidence relating to jobs performed by other employees covered by the class standards provides an illustration of the application to particular cases of what are necessaril~y generally worded statements. To this extent they serve as aids to interpretation. They cannot, however, serve .to undermine the class standards as the governing basis for determining classification disputes. There can be no doubt that the Cla.ss Standard is the governing document in classification disputes. Although Position,Specification Forms are introduced .as Exhibits in most classification grievances, they are only aids to interpreta- tion. . In our opinion, the instant Grievance is the.type of case that poses the question - When does a quantitative'change become a qualitative change? Having reviewed the evid'ence carefully, the Board is satisfied that privatization has materially changed the Griev- or's job to the extent that his present duties and responsibil- ities bear little resemblance to those specified in the "Main- :enance Electrician" stand,ard. That classification is designed for positions which require skilled work at the journeyman I 3 - 16- level in the electrical field involving installation, maintrn- anceand repair of electrical equipmen:, wiring and fixtures. As the Class 5:andard states: "60% of the work time must involve use of the skills and knoeledge of the electrician's trade." That 63% requirement read in context, refers to the duties specified in paragraph 1 of the Maintenance Electrician Class Standard. In addition, there are inspection duties re- ferred to in paragraph 2, as well as other duties. In the instant Grievance, only 10 - 20% of the Crievor's fob involves the skilled manual work referred to in the class standard. While it is true that the Crievor's Job Specification and Class Allocation Fora mentions some of the Grlevor's pre- sent duties, no mention is made of his many new responsibil- itles resulting from prfvatizatlon. In short, the Griever's duties have evolved to such an extent that the present Class Standard is inapplicable, and similarly the present Job Speci- fication Form suffers from error by omission. On the other hand, the thrust of the Services Super- visor l/Servlccs Officer 1 Class Standard is the arrangement for and insoectlon of the instaIlatlon and repair, of e?ectri- cal systems and equipment. Admittedly, the Crievor has no responsibility for budget preparation, and yet that cannot oe ,. - 17- \ d~escribed as a major job function. Cl~early, the core responsi- _ bility in this classification is inspection. On the evidence, the Board finds that with the single exception of the regional budget function, then Griever's duties closely fit the requested classification. In our opinion, the Grievprs, Stocks and Hendrix, are entitled to the higher classification. Accordingly, we award that classification which shall be retroactive to the date the Grievances were filed. The Board hastens to add that this _ Award affects the classification of',these.two Grievers and should not Abe understood to have general application to other Ministry personn~el presently classified as Maintenance Electricians. DATED at Brantford, Ontario, t,his 6th day of January, ~A.D., ~1986. ,y- 7 ,-.-- .LL45.' f 'A 7 R. L. Verity, Q.C. - Vice-Chairman 73%J~h P. Craven - Member Gi!ika& L. R. Turtle - Member Grievances 1320/84 1325184 OPSEU (5. Stccks & J. Hendrix) and I Ministry of Transportation 2 Commun:'cations ADDENDUM I concur with basic findings of the Soard. However, ! would have added the following sentence to the last paragraph: "The award is effective while the griever's work assignments remain as those given in evidence at the hearing." qg-Y& L. R. Turtle, t!ember