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HomeMy WebLinkAbout1987-2417.Wales.90-11-191 EMPL0Y~S0EL4 CO”RONNE DE L’ONTM?IO C$bMMISSION DE REGLEMENT DES GRIEFS TEE -CROWN EEPLOYEES COLLECTIVE BARGAINING ACT Before TEE GRIEVANCE SETTLEMENT BOARD Between: OPSEU (Wales) Grievor - and - The Crown in Right of Ontario (ministry of Natural Resources) Before: N.V. Dissanayake Vice-Chairperson N. Lyons member M. O’Toole Wembe r For the Grievor: L. Rothstein Counse 1 Gowling, Strathy & Henderson Barristers & Solicitors For the Employer: P. Yudcovitch Counsel Mathews, Dinsdale & Clark Barristers & Solicitors Rearings: May 23, 1989 June 14, 1989 November 1, 1989 November 21, 1989 2 DECISION This is a grievance dated November 16, 1987 wherein, the grievor Mr. Grahame J. Wales claims that he is improperly classified as Resource Technician 3 ("RT3"). If the Board agrees, the grievor seeks by way of remedy a direction that he be properly classified as Resource Technician Senior I ("RTSI"). In the alternative, the grievor seeks a direction that he be properly classified as Community Planner II (llCPII1'). If the Board 'deems the RTSI and CPII classifications, to be inappropriate, the grievor seeks a Berrv order requiring the Employer to properly classify the grievor. The preamble to the RT series together with the class standard for the RT3 classification is attached to this decision as Appendix "A". The preamble to the RTS series together with the class standard for the RTSI classification is attached as Appendix IlBl' and the class- standard for the CPII classification appears as Appendix "C". The grievor's current Position Specification is attached as Appendix I'D". The Union led evidence through the grievor. The Employer called Mr. Jim. Dewey (Parks & Lands Supervisor), Mr. Deryk Renton (Regional Planner) and Mr. Jim Purvis (Human Resources Coordinator). 3 The Ministry of Natural Resources operates its services within the province under eight regions, of which Algonquin is one. Each region is further divided into districts. The Minden District is one of six districts within the region of Algonquin. The District operates under a District Manager. In the District of Minden, there are four supervisors who report to the District Manager. Mr. Jim Dewey, the Lands.& Parks Supervisor is one. The grievor reported directly to Mr.Dewey. The grievor joined the classified service of the Ministry in 1978 as a Lands and Parks Technician and at the time was classified as a RT2. In January of 1984, he was reclassified as RT3. The District of Minden had four services of which Lands & Parks.was one. This service generally was responsible for managing all crown lands and parks in the Minden District. In actual fact however, there were no provincial parks in Minden. The Lands and Parks Service is broken down into two broad areas, (a) the administration of crown land and (b) the planning aspect. Mr. Hugh Allore is employed as a Senior Lands and Parks Technician and is classified as a RTSI. He is responsible for the administration of crown lands. Like the grievor, he also reports directly to Mr. Dewey. He supervises three RT3s, one other regular staff member and 2 ; :i 4 about ten seasonal employees. He has responsibility for a budget of about a If4 million dollars. It is also his ongoing responsibility to train employees in the safe operation of various types of equipment. Now we turn to the second aspect of the Lands and Parks service to which this grievance relates, namely, the planning aspect. The grievor testified that he "headed up the planning sub-service for the district". When the grievor was asked to provide an overview of the planning function in the Minden District he testified "The purpose is to coordinate and input and review municipal planning documents such as official plans, zoning by-laws, development proposals, sub-division plans, severances and other municipal projects like sewage treatment plants and new highways". He testified that when these proposal are circulated to the Lands and Parks Branch, it was his duty to review those and to have input so as to "minimize any impact on natural resources and to encourages municipal participation in the management of natural resources". He further testified that as far as he was aware there was no District Planner for the Minden District. However, the evidence as a whole establishes that the planning function in Minden is broader than that perceived by the grievor. The Union did not dispute the Employer's evidence that the input and review function is only part of 5 the planning function. Another major area of planning is the creation of Ministry planning documents (i.e: resource management plans) and the creation of land use guidelines. The grievor conceded under cross-examination that he had no involvement in the creation aspect of planning. That is the function of the Planner, Mr. Renton. The grievor's role is mainly confined to the second broad aspect of planning which is the input and review. There is a further aspect of planning relating to the Environment Assessment Act. The Branch's responsibility is to review and determine whether a proposal (e.g. a new road or. a new access to a highway) complies with the Act. The grievor is responsible for maintaining several binders which set out the procedure for compliance. When new directives are received in the Branch the grievor updates the binders. In addition he may have requests for advice from Ministry employees or members of the public. If he is able'to do so, the grievor responds on the basis of his own expertise and the information and data in the material. However, in some cases, he is required in turn to seek advice from other specialists and professionals. The grievor conceded that while he may provide casual advice in straight forward matters, "if there are problems" it is the responsibility of Mr. Renton to respond to the inquiry. Contrary to the grievor's belief, the evidence establishes clearly that there in fact was a District Planner 6 for the Minden District. Mr. Deryk Renton, is the Regional ,Planner for Algonquin. While many districts had a district planner residing in the district itself, this was not the case at Minden. Nevertheless, the evidence is that for administrative reasons a decision was made to designate Mr. Renton as the District Planner for Minden (and also for the District of Bancroft) in addition to his designation as Regional Planner. The evidence further is that in carrying out his input and review duties, the grievor regularly sought the assistance of Mr. Renton in dealing with complex situations. While the Union took the position that the grievor's job was of similar responsibility as that of Mr. Allore's, (who is classified as RTSI) this is not supportable by the evidence. Despite the similarity in language in the position specifications of Mr. Allore and of the grievor, Mr. Dewey insisted that he supervised~the grievor and monitored his work in greater detail, while he had only general supervision of Mr. Allore's work. Besides, the grievor conceded under cross- examination that his supervisory functions are not comparable to that of Mr. Allore's, and that his budgetary responsibilities are minor as compared to Mr. Allore's. It was also conceded that Mr. Allore had far greater day-to-day responsibility for equipment and for the training of employees in their safe operation. 7 Before proceeding any further the Board wishes to make this observation. Counsel for the grievor repeatedly relied on the grievor's position specification, which she quite rightly pointed out, was certified to be accurate by the grievor as well as the employer witnesses. Based on that, she urged the Board to literally accept the language in the document where that conflicted with the evidence as to what the grievor actually does. In her own words "the employer should not be allowed to back-off from the position specification". With respect, we disagree with that approach. In a classification case/it is incumbent upon the Board to determine what in fact the grievor's job duties and responsibilities are and then apply the findings to the class standard in question. In that regard the Board's role is not to engage in an interpretation of a position specification, as it might do in interpreting a statute or a collective agreement. A position specification is relevant and very significant, but is not determinative as to what a person's duties responsibilities 'b and are. Where the .evidence establishes that the person's duties and responsibilities are different from what is indicated by a literal reading of the position specification, the Board must accept that evidence. Turning to the RT3 class standard, we find the following relevant language. The RT3 class is said to cover positions 8 of employees "performing more complex, demanding and responsible technical duties containing considerable.latitude for decision .making". The duties described includes "gathering, assembling and computing technical or scientific data, preparing technical reports and/or plans; assessing technical needs of management or scientific projects and submitting technical recommendations etc. in any area of responsibility." Counsel for the grievor submits that the grievor's regular duties go beyond "gathering, assembling and compiling technical or scientific data etc." and that therefore he does not belong in the RT3 class. She points to the following: (1) The grievor co-ordinates planning meetings and meets with various groups. (2) She claims that the grievor has a policy function ie. the ability to interpret government policy and to,make recommendations. (3) He has budgetary responsibilities (4) The RT3 class standard fails to capture the grievor's responsibility re the Environment Assessment Act. It is counsel's submission that these four factors take the grievor outside the RT3 class standard. Having carefully reviewed the evidence and the submissions of both counsel, we have concluded that the 9 grievor has failed to establish that he is improperly classified. We agree with counsel for the Employer that the coordination of planning meeting forms part and parcel of the information gathering process in the course of his input and review function. The grievor is not involved in the creation of policy. He simply reviews for consistency and adherence to policy already established. His budgetary responsibilities are ~minimal and cannot be compared to the budgetary responsibilities of the RTSI, Mr. Allore. While the 'class standard for RT3 does not expressly talk of budgetary responsibility, the minor r~ole he has in budgeting does not by itself make his classification improper. Similarly, we are satisfied that the grievor's role in maintaining the binders re the Environment Assessment Act and providing casual advice in straightforward cases is not beyond the RT3 class standard. When the grievor's job is seen as a whole, we are satisfied that its substance is one of gathering and compiling complex data and making decisions and recommendations based on that. data. In our view this is contemplated by the RT3 class standard. The grievor has thus failed to establish that he is improperly classified as RT3. Accordingly this grievance is hereby dismissed. 7‘ 10 Dated this ~19th day of November 1990 at Hamilton, Ontario Vice-Chairperson "I Dissent" (Dissent attached) M. Lyons Member M. 08Toole Member CLASS STANDARD: APPENDIX A PREAMBLE RESOURCE TECHNICIAN SERIES This series covers the positions of employees engaged in the performance of o erational duties in any one or more of the specialised ierv ces, f e.g. Forest Protection, Timber, Fish and Wildlife, Lands, Parks, Research, etc. Employees in positions allocated to this series may perform a. variety of duties ranging fran those of a manual nature requiring only a relatively elementary understanding of natural resource management to those of a technical nature requiring independent judgement. Entry into this series for candidates who are graudates of an approved Technical School in Resource Management or an approved related discipline is at the Resource Technician Tlevel. At this level such employees receive training in practical aspects of theories studied and, as experience is reduced to instructions covering 1% amed, daily supervision is specia ized technical problems. Positions involving full time performance of Fish and Wildlife management and/or'enforcement duties are restricted to employees who are graduates of an approved Technical School in Resource Management. Research Branch positions allocated to the third level in ~this series will normally be underfilled by one grade for a period not longer than one year, to allow for the necessary "on the job" training in specific research aspects of the duties involved. Positions will be allocated to a specific level in this class series only when all the requirements of that level have been fu&filled. - DEFINITIONS FOR USE WITH THIS SERIES : Functional field equivalent of a Ministry Division, e.g. Forests, Mines, Fish and Wildlife, Parks, Conservation Authorities, Field SeTVices, Lands. CRITERIA FOR RANKING FISH HATCHERIES - year round tiout culture. $2: - seasonal pond culture. - trough or jar culture. CRITERIA FOR RANRING PARKS 1. 2. Camper days User Days 3. 'Large natural environment 4. Complexity because of speciai situations; Revised Mav 1, 1973 RESOURCE TBXi?4ICTA.K 3 Tbis class covers positions of employees performing more complex, demanding and responsible technical duties containing considerable latitie for decision making e.g. check scaling; compiling lake development data; training fire crew; operating type ecu parks or type Vn hatcheries; carrying out Fish arxl Wildlife management and/or enfokment work; gathering, assembling arrl compiling technical or scientific date, preparing technical reports and/or plans; assessing technical needs of management or scientific projects and suttaittlng technical recommendations, etc. in any assigned area of responsibUitJ.~ Tiq may supemise and/or train regular employees or take charge of groups of casual employees and, in this context, organize,and schedule activities within the general framework of laid down plans or instructions and assume responsibility for the quality’ti quantitp of production and ‘for the work performance of assigned staff. SKILLS AND KIUMLFDSE REQUIRED: Ability to organize projects and supervise implementation; initiative and ability to assimilate new techniques to be applied in a variety of situations; good understanding of resource management principles. October 1. 19iO. - 13- APPENDIX B RSSOURCE TECRXICIAN. SEXIOR SERIFS This serf.es covers the positicns of Senior Technicians in the field of natu:ai resources mansgernent. Some positions are those of specialists concerned with planning, the provision of functional advice, policy and standards control; other positions are those of supervisors involved in *he implementation of varied and complex resource managamant ptograssnes. The basic requirement for both groups is a thoragh 'knowledge of iha principles of resource management and technical expertise. Ihe working'level of non-professional district staff specialist positions is at the Resource Technician, Senior 3 level. However, positicne may.be alloca’ied abo~a or below tinis level, if, in the assessment of senior n;anagamnt, the priority given to the management objectives of the service(s) places greater or lesser demands on the poaiti:il than is.typically found on a province-wide basis. The reasous for such an asseaement must be meaningfully documented by senior management in each instance. In any such allocation, the following.two conditions must be met: (a) he rnunher of positions & the Resource Technician, senior 3 level in any individual service must be greater than the. number of positions above #is level. (b) TLe number of positions 'at the Resource' Technician, Senior 3 level in any individual zrvice must be greater than the n-ambex~ of positions b@w this level. Research Branch positions allocated to the first and second level in this aeries will normally be underfilled by one. grade for a period not longer than one year, to allow for necessary "on the job" training in specific research aspects of the duties involved. Positions of Senior Technicians assigned to the Head Office or Regional Offices are allocated to specific levels in this class series on a'&xnparative basis with district positions in relatlon to such factors as.planning, standards control, policy interpretation and unplementation, policy recommendations, etc. Positions will be allocated to a specific level in t.hi= class series only when &,2. the requirements of that level have been fulfilled. DEFINITIONS FOR USE WITE THIS SERIES service: ~ Functional fielh eguivalent'of a Ministry Division, e.g. For&s, Wines, Fish hnd.Wildlife, Parks; Cohse=etion Authorities, Field Services, Lands. - 19- Sub-Service i F'tmctional field. equivalent 05 a Ministry Branch, e.g. Forest Management, Mineral Resources Management, Wildlife F!agement, Parks Management, Fire Control, Lands Administration basis This class covers positions of employees responsible on a di3trict-tide for technical control of a &b-service; OR &.ho act as senior assistant3 to district technical or professional spciaUst3 in detershins ue.thds and techniques, implesenti.nS policy and controU.nS standards in oue or more services ca a district-tide basis. AT30 included are position3 of employees ‘Ao assist professional staff e.g. Foresters, Biologists, etc., Units, Private bnds, etc. in the aanagesnnt of Forest Units, Lake They- participste in the developwnt of ~banaSemeo.t plans, prepare initial ageements with private land owrers, prepare vork plans and annual budget estimates, o,ra:e and schedule units work and eser:ise budget controls. Positions of supervisors ho on a pear-round basis have administntire responsibility for a formal unit of orSani3ation (functional or territorial) and &o, in this conte.xc, prepare work plans and acnual budget estimates, organke aud scheduie the unit’3 allocated to tti3 level. xork and exercise budget ccnt:ols, are also Positions of emp1oTee.s in charge of tppe “B” parks or.tpe 'tB" hatchetiis or second-in-barge of tppe "B1' tree nurseries, are included at this level. In the Research Branch, this class covers positions of non-professicnal, fully trained and experienced research assistant3 in various disciplines oil scientific research who under direction of a Research Scientist, carry out assigned technological phases of research and hare full responsibility fsr the ralidi~ of obtained or processed data and the preparation of reports involving preliminary analysis of such data. 1. Superrrisorp ability; somo administrative abiliv; ability to co-ordinate several projects and to prepare work plans; persond suitabiLity. 2. Extensive knowledge and thorough understanding of objectives, methods and techniques applicable to the assigned work area; good mrking bowledse of relevant legislation. October 1. 1370. . . - li- APPENDIX C COHMlNITY PLANNER 2 OIASS DEFINITION: Baplopees in this class perform commmity planning duties under the supervision of.a senior planner. Their work requires uramination and analysis of proposed sub-division and official plans, cormsittee of adjustment decisions, zoning by-laws, regional study projects and related planning projects. Thep carry outassigned tasks to acceptable standards in accordance with established policies and procedures, obtaining advice as needed. Problems related to policY or departures from recoguized professional or technical standards are referred to a supervisor. With a senior planner and occasionally alone, they visit and consult with municipal and local planning boards to review, discuss and assist * interested officials in drawing up official plans, solving planning or zoning problems, or helping them gain an understanding of the planning function. They assist in making detailed studies of various plans, zoning by-laws, Proposed by-laws and specific planning problems, and prepare appropriate comments or reports. Inherent in these studies and reviews is the researching of factual information on such matters as land use patterns, physical and economic resources, population and sociological features. Assigmsents are of a progressively responsible naturk as experience is gained end become subject to less detailed checldng. 9uALIFxcATIoNs: 1. 2. 3. 1. 2. 3. A degree from a university of recognised standing, preferably in Planning, Economics, Ceograply, Sociology, tigineering or Architecture. About two years’ ,experience as a Comeunity Planner 1 or acceptable equivalent in a conparable capcitp. For persons with post- graduate degrees, about one year of such experience will be acceptable. Ability to make technical investigations, undertake research and planning studies and to prepare detailed reports. To be personally suitable, and be able to exercise tact and good judgment. Membership in the. Town Planning Institute of Canada. A minimum of two years? acceptable experience as a Community Planner 1, or acceptable experience in a comparable capacity. Ability to make technical investigations, undertake research and planning studies and to prepare detailed reports. To be personally suitable, and be able to exercise tact and good judgment. .t i’ -IL’ OR 1. Grads l.2. 2. Seven pearsf experience in planning, with at least three pears of tbis experience being at the level required for Comnmitp Planner 1. 3. Ability to make technical investigations, undertake research and planning studies and to prepare detailed reports. To be personally suitable, and be able to exercise tact and good judgment. Revised Hav 1966 . - 1-I - 5.: Positloo Specific .‘on & Class AllocatIon-CSC 615 (Refer lo bath of form lor CompleUon instructions), Cnlario I 5 “prr’M*‘~Land~ and Parka Technici N li”iSW Natural Resourccr 0 ranch and ssniotl Yj cod. Rosourcr Technician 2 Ci”M.2” Ugonqula Region lLocation 1 1 1 1 Pwks and kndr Supeniror 0!+5400-26 2 Purpose of pavilion lwhv doss this msltion niir?) Under the direction of the Imda and Parke Superriror 18 rorpcnriblr for district planning wtivitles euch os the plan input nnd review, end PPyironmental A8scrsmeot Act requirements. Assists in Crown land aulRagcmJRt, including the Crovn land recreation program. 3 Duties and rslated tasks Iwhat is unploy~ required to do. how and why? Indicate pwcmtcqe of time mnt on each duty1 i. Responsible for Plan input and Revisv program by performing au& duties aat coordinatloE district fnmtt and rcriev of draft official DhR8. soninx br-lava. subdiri- 7ti rlslon prop&Jr, rohd &ring by-lava, conwrnts, for con;irte& md~orwadher;nce to H.N.R. policica and objrctiyss, and directing finding8 to the supw-~isor, (includes conducting site inspections, aectlngr tith developerr, conrultantr, etc.), preparfng appropriate report8 end rorponscr - lisslng vith rmlgned regional planner and with appropriate resource personnel, with interest gr’dupa, local governments, end other Ministrier to diacusr proposalr, obtain information, provide arsiatanco and promote the Xluietrytr objcctlyes in integrated re8oufc8 ixanagenent; - responrible for superviring assigned secronti rtaff. 2. Respoaaible for thr implemantatioa of the Rn~ironmeotal AaAsrarsment Act in the dirt&t by: spas- asslating district rtaff to fulfil1 ekrr or indiyidual environmental aaaesameat requirementa by proriding information, interpretation, etc. ., F coordinating the dintrlct input md rerlw of other agenc~/priyrtr wctor propails. -Aasistr in Ctwn land abanpgement sctiritirr by perfom taska, such JS) ,- cnrrylng out field inspection of landr to be dirpowd of, or preriourlR disposed of, by Bale, lease, licence of occupation wdikmi ye pwulta,jto l mm compliance ,_ with conditions of tenurel ls:.‘G propwing inspection report8 with rpproprlate recomendatiom to ruporhor; F contacting tenants to inform them of non-coapli&nco and necarrary temedlal action; ~- CJi"f)-ilIg OUt ?dlOU-Up iI36&YJCtiOnJ, enforcement ~8 required mder Public Landr Act; ,; searching titles, survey docusentr to determine ovnerehip of existing occupations ‘f -\e - ra aeeignmentr, tranrfwr, cancallntionn, mlane of mrenationr, unauthorired occuplltionr. - locating boundarier of Crovn/pataated lands. - prepare appropriate responses regarding the above for superriror’r rcriev. 4,9 Aseiatr in the Crown land racreation program by: - maintaining public recreation aream, e.g. l ccn~a areaa, canoe routes, rnowaobile and 8ki trails vith l mirtance of up to rk #coronal rtaff( @ ‘lg providing on rite rupervl~ioa of rtudentr l ud ~oaeonal staff OLl aarigned projects such II ugxperience Program” vork on public l cce88 aroar; - inrtructlog vorkorr (group of 6-8 people) on proper technique8 and rafoty practiceri - keeping daily records, e.g. tine vorkedi - varning vorkerr of UIWiti8faCtO~ performance Jnd reporting JJme to JUpWViEOr 5.- Performs other related dution, ruch ~81 551 - ~.n assigned N.B. Incumbent mquired to UJB motor rehfclor, motor boata, canoea, movnobller, etc. to carry out a variety of field work and ianrpectionr., and knowledge required lo perform job at full working Ievol. lhdicars mandatory sredrncidr or lisenctqif epplicabld Technical skill8 and knowlodge at the level mually associated with the auccearful completion of and graduation froa a related tvo year course of rtudy at a coamunlty collcga. Denoostrated experience in integrated resource mnrgemeot planning with good understanding of integrated resource nanagencnt principles, and vorking lmovledge of mlorant leglrlatioa, e.g. the Public Lendr Act, Hunicipil Act, Planning ACt, Lakon and Ftltorr Luprovenent Act. Ability to orgaoiro projects, and provide group laadership to searonrl rtaff; commwicato effectively both orally and in v-rfting vitb tact and good judgemsnt. (Ability to carry out mite -incpoc- tions by valkhg over rough terrain, uriug motor rihicle, mtorboat, can-, uroveobile as required). Valid M.T.C. driver’r licence. Confirmation of Classification Employee performs more complex, demanding and responsible technical duties Containing considerable latitude for decision making.e.g. co-ordinating district input and review of draft plans: assisting staff or individual environmental asSeSSmerit requirements: conducts'field inspections of land to be disposed of to ensure compliance wit'h conditions of tenure. Dissent of Michael Lyons G.S.B. 2417/W/ - WALES The class standard for Resourca Technician 3 "covers positions of employees performing more complex, demanding and responsible tech- nical duties containing considerable latitude for decision making, e.g. . . . gathering, assembling and compiling technical or scientific data, preparing technical reports and/or plans;..." Ib appears to me from the testimony of the Grievor,:as well as that of Mr. Dewey and Mr. Renton, that the Grievbr does more than just gather, assemble and compile data and prepare reports. Inter alia, he has considerable contact with the public; represents the Ministry and speaks on its behalf; interprets, reviews and has input into Ministry plans. These kinds of activities go beyond what is contem- plated by the RT3 class standard. The Resourse Technician, Senior 1 class standard "covers employees responsible on a district-wide basis for technical control of a sub-services..." The Preamble of the Resource Technician, Senior series (Ex. 5), in its definition of Sub-Service, speaks of Wanage- ment" and "Administration". It seems to me that !'Planning" easily fits in with these terms; i.e. LendsPlanning is a Sub-Service. Sinca'the Grievor performs his duties on a district-wide basis and since Mr. Renton agreed that the Grievor has "technical control". it seems clean that the Grievor meets the requirements of the first paragraph of the RTSI class standard. I 2 3 The'RTSl class standard also includes (paragraph 2) "positions of employees who assist professional staff.(emphasis added). The evi- dence clearly indicates that the Grievor assists Mr. Renton (sprof- essional Planner). Further on, paragraph 2 includes in the RTSI classification employees who "participate in the development of management plans. initial agreements with private land owners" (emphasis pre are added P . Neither of these criteria require that the employee have ultimate authority for these tasks; the employee need only initiate or be involved in'the process. That is the case with the Grievor. 4 The Grievor's Position Specification (Ex. 3, Box 2, Purpose of Position) discribes the Grievor as being "...responsible for dist- rict planning activities..." This is a significant change from his previous Position Specification which. when considered,alon with other parts of the Position Speclflcation which describe t!e Grievor.Cs actbvities, lead to the conclusion that the Grievor would be better classified as an RTSI. Followitig an inquiry to Mr. Dewey by the Grievor about his class- ification, the Grievor's Position Specification Was rewritten and siBned by Mr. peweg on June 11, 19a7! about five months before the gr evsnce was lnit ated. -a- 2 Finally, while the grievor doesn't exercise the degree of budget responsibility that Mr. Allore does,,the RT3 classification does not contemplate any budget responsibility at all. However, the RTSI classification does. (In any case, an-employee does not have to have any budget responsibility to be classified RTS1.1 -2- G.s.B. 2417187 - WALES I agree that this Board must determine "what in fact the Grievor's job duties and responsibilities are." In this cese, given the manner in which the rewritten Position Specification ceme about, if Mr. Dewey had any serious concerns about its accuracy, ,he would have amended it before signing it. I think it is also fair for this Board to take into account that. at the hearing, Mr. Dewey had an interest in downplaying the Grievor's responsibilities; an interest he didn'.t have when hesiwthe new Potiition. Spacificationprior to the filing of the grievance. 5 Although Mr. Dewey downplayed the importance of the Grievor's responsibilities in comparison to Mr. Allore's responsibilities, it should be noted that on July 24, 1986 (Ex. 9) it was Mr. White's intention to have the Grievor report to Mr. Allore; however, at the time of the grievance the Grievor reported to Mr. Dewey (Ex. 7). This would seem to indicate that the Grievor's responsibilities were more important than Mr. Dewey indicated in his evidence. 6 Par these reasons. I would h&e allowed the grievance end ordered that the Grievor be reclassified to an RTSI. Dated at Toronto, this 2nd day of March 1990.