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HomeMy WebLinkAbout1985-1503.Di Renzo.88-09-12Before: IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD OPSEIJ (L. Di Renzo) Griever and The Crown in Right of Ontario (Ministry of Tourism and Recreation) Employer J. Forbes-Roberts Vice-Chairman J. Solberg Member P. Camp Member For the Griever: N.A. Luczay Grievance OEficer Ontario Public Service Employees Union For the Employer: B. Crichley Manager, Human Resources Operations Ministry of Tourism & Recreation Hearing: June 22, 1987 September 4, 1987 i . DECISION The grievor, Mr. L. DiRenzo, is employed as a Cabinetmaker at Upper Camada Village. He is classified as an Artisan 3. This is the hlghest ranking in "Artisan Series". The griever seeks to be compared with and classified as Preparator 1, obvi,ously a position from a different series. Upper Canada Village is an historically accurate recreation of nineteenth (19th) century Canadian life. It contains an operational mills, a blacksmith's shop, bakery, a carpenter's shop etc. The Village is open to the public from Ray 15 to~october 15, (the "season") that is approximately four (4) months of the year. The employees, many of vhom are seasonal, dress in period CO6tUlW6 and demonstrate the manner in vhich our nineteenth (19th) century forebearers survived vithout microwave ovens or Black and Decker paver tools. The gr ievor is one (1) of the Village's fev full-time employees. During the season he demonstrates to the public the art of cabinet making. He describes vhat he is doing and ansvers questions. It is his job to build various pieces of furniture for purposes of demonstration, and in the off season to repair and restore existing Village furniture. The interesting vrinkle in this case lo that the grievor, Luciano DiRenxo, is at vorst a master craftsman and should probably be more accurately described as an artist at his trade. diS skill level far exceeds that required for the initial position. The question becomes did the Employer allov the position to grov into the griever's skill level? The gr ievor commenced employment at the Village in approxi- mately 1971. It vould appear that at that time there vas a position specification in place. hs time vent on, in addition to his demonstrating duties the grievor began building period pieces of euch quality that not only va6 the Ministry able to sell them, but hi6 reputation became quite formidable throughout 6&& Ministries. A' flood came in for commissioned vork6, all for vhich the Employer and not the grievor received payment. In 1978 the griever’s position specification vas re-vritten. In the 1978 version vmanufacturing nev furniture as required for u6e w..." (emphasis added) appeared In the Summary of Duties and Responsibilities. The 1971 spec had made ILL mention of manufacture for ~a&. It vas the griever’s The griever remained an Artisan 3. unshaken testimony that since 1978 he spends approximately sixty (60) per cent of his time creating furniture destined for sale. .Sometime betveen 1978 and 1985 the grievor'built a Victorian stage coach. To aCCOmpli6h this he had to design and build a vood bending box. In 1985 hi6 position spec vas once again re-vritten. Lov and behold, amongst other recently demonstrated skills, part of his enumerated Duties and Responsibilities became "steaming and bending vood". The grievor remained an Artisan 3. The grievor is understabdably frustrated. In classification cases the Board must evaluate the ine, not the mvidud performing it. Hovever in this case the Employer Seems to have taken the attitude that if the grievor can do it, it ik part of his job. The grlevor's job has changed substantially since he -2- commenced employment In 1971. Then he vas a '@demonstating repairman”. Nov his considerable skllls are belng employed sixty (60) per cent of the time to create an additional source of revenue for his Employer. The skill level vhich creates this revenue has not been recognized vis a vu his classification. The Class Standard for Artisan 3 makes ILL mention of produc- tion of articles for sale. It simply states that v...During the non-operating season, they assume regular tradesmen duties by performing a variety of duties for m-e v.” Clearly the griever’s duties exceed this narrov definition. Hovever neither does the Class Standard for Preparator 1 appear appropriate to the griever’s function. Consequently the Board makes the folloving order. The grievance is hereby alloved and the Employer is ordered to properly classify the grievor. The financial remedy is to be made effective tventy (20) days prior to the filing of the grievance. The Board vi11 remain seized in the event 0f aiffi- culty in the implementation of this avard. Dated at Toronto, this 12th day of September , 1988 &airman . . I// - J. Solberg, Member .* .Y---- ,~. (Addendum .: ~~. ..,~'.~ / \-I? . L&- ‘, ,.r, attached) -. F. Camp, fiember--~--- k Addendum I am in full agreement with the members ocif the Hoard in their conclusion which in part states: In respect tn the corder to properly rlassify the gr ievor . I assumed this tc mean: to review and revise the appropriate pc85i tion speri fication a53 necessary. The final comment which has been a question in my mind, Does the mankfacture nf new equipment for sale require the use nf “Ski 11s” c~er and above those required for “Demonstration and repair” ? The forgning is ,in the interest lrlf maintaining prcaper ~classificatican system integrity and not tu detract in any way from my impressinn cbf Mr. Direnzn’s skill and application which greatly impressed me. P.D. CAMF