HomeMy WebLinkAbout1989-1021.Bezo.92-12-10 Decision ONTARIO EMPLOYES DE LA COURONNE
CROWNEMPLOYEES DECONTARIO
NEGRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
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1021/89
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
OPSEU (Bezo)
Grievor
- and -
The Crown in Right of Ontario
(Ministry of the Environment)
Employer
BEFORE: J. Roberts Vice-Chairperson
E. Seymour Member
D. Clark Member
FOR THE N. Wilson
UNION Counsel
Gowling, Strathy & Henderson
Barristers & Solicitors
FOR THE S. Patterson
EMPLOYER Counsel
Legal Services Branch
Management Board of Cabinet
HEARING February 26, 1992
AWARD
I. INTRODUCTION AND STIPULATED EVIDENCE
This is a classification case. At the completion of the
evidence, it was agreed that the parties would make submissions in
writing. In those submissions, the following matters were
stipulated:
1. The grievor, Brian Bezo, grieves his classification at
the Environmental Officer 4 ("E0411) level. Mr. Bezo seeks to be
classified at the Environmental Officer 5 ("E0511) level or,
alternatively, seeks an order from this Board that he be classified
appropriately within ninety days of the date of the Order of this
Board.
2 . Mr. Bezo is a Technical Specialist in Water and Sewage
Treatment Plant Processes and the Co-ordinator of his Region's
Sludge Utilization Program.
(a) Background to Mr. Bezo's Current Position
3 . Mr. Bezo is graduate of Northern College in Chemical
Technology.
2
4. After graduating in 1969, Mr. Bezo worked at Microsystems
International in Ottawa for one and one-half years doing thin film
research.
5. Following his work at Microsystems, Mr. Bezo .moved to
Sudbury to work at the Falconbridge Mines in the Assay Laboratory
doing chemical analysis.
6. During the latter part of his time with Falconbridge, Mr.
Bezo began to work on a part-time basis at the Sudbury Sewage
Treatment Plant, at that time a plant operated by the Ministry of
the Environment, doing laboratory analysis. At the time, he was
classified at the Chemical Technician 2 level.
7. In July, 1993, Mr. Bezo began to work full-time at the
Sudbury Sewage Treatment Plant. In 1975 he was reclassified to the
Chemical Technician 3 level. During this time, he began to also be
assigned elsewhere in the Region to deal with water and sewage
treatment plant problems: in essence, trouble-shooting process
problems at those plants.
8. In 1978, the Ministry of the Environment turned the
Sudbury Sewage Treatment Plant over to the City of Sudbury and Mr.
Bezo switched positions to a job classified at the Environmental
Technician 4 level.
3
9. At that time, the provincial Sludge Utilization Program
began to be implemented and Mr. Bezo was the first Sludge
Utilization Co-ordinator for the North-East Region. As well as
this function, he was also trouble-shooting in plants and was
taking care of the UMIS system.
10. In 1987, Mr. Bezo -was reclassified to the EO4 level.
11. Most recently, since November, 1991, Mr. Bezo has been on
a secondment whereby he, another person from the Utility Operations
Branch in the South-East Region, two individuals from the Water
Resources Branch and one person from Environment Canada are working
on a program to evaluate a program to be used to evaluate water and
sewage projects.
(b) Position that is Subject to the Grievance
12. With respect to the grievor's position that is the
subject of the grievance, the grievor works in Sudbury in the
Utility Operations Division of the North-East Region of the
Ministry of the Environment.
(i) Organization and Reporting Structure
13 . The Utilities Operations Division of the North-East
Region is responsible for administering and managing the operation
4
of municipal water and sewage treatment plants throughout the
North-East Region. There are approximately 70. such plants (or
"projects") in the Region. These projects vary in size.
14. The Operations Utility Division is managed by Nels
Conroy. Mr. Conroy, who is also the Region's Assistant Director,
reports to the Regional Director, Ron Hore. Mr. Hore was formerly
the Manager of Utility Operations. Mr. Conroy has-three operations
managers, who are operating engineers, reporting to him, each
responsible for approximately one-third of the seventy projects.
There is also a maintenance group reporting to Mr. Conroy and
responsible for maintaining these projects. Mr. Bezo reports
directly to Mr. Conroy.
15. Mr. Bezo is identified on the Organizational Chart for
the North-East Region as "Technical Specialist-Sewage and Water
Treatment Processes".
(ii) Description of Duties
16. Mr. Bezo's Job Specification Form also identifies him as
a "Technical Specialist-Sewage and Water Treatment Processes. "
Both Mr. Conroy and Mr. Hore signed Mr. Bezo's Job Specification
Form.
5
17. The purpose of Mr. Bezo's position is described as
follows on his job specification:
"To co-ordinate and conduct technically complex field and
laboratory investigations for the development of
processes, technical procedures and equipment associated
with the improved treatment of water and sewage treatment
facilities; to act as co-ordinator for the sludge
utilization program. To provide advice and assistance to
waste water and water treatment plant operators and
laboratory technicians on matters pertaining to testing
procedures, process operation, equipment functions,
operations, etc. "
As such, all Mr. Bezo's duties are directly related to water or
sewage treatment plants.
18. The job specification lists Mr.. Bezo's major
responsibilities in his job. The first major responsibility is
stated as follows:
"To conduct and report on non-routine specialized
research studies involving the . development and/or
application of municipal water or municipal waste water
treatment processes or techniques and provide
instructions to plant. staff or process, as for
example: . . . "
The Job Specification Form then provides a lengthy list of studies
the grievor has performed and then goes on to describe the manner
in which Mr. Bezo is to conduct his work:
"Reports are prepared on the above-noted studies which
are suitable for distribution inside and/or outside the
Ministry only after general review by the manager. The
employee is fully responsible for the technical accuracy
and quality of data collected or produced and
recommendations made in the reports.
6
The employee works independently in organizing and
carrying out his research studies (i.e. lab and
equipment) , surveys and investigations. The manager is
periodically advised on the progress of the studies.
Otherwise he is usually contacted for only general
instructions on the studies and for financial and staff
support when required."
19. Mr. Bezo's second major responsibility is co-ordinating
the Sludge Utilization Program. This Program was identified in
oral testimony as a recycling program whereby sludge is taken from
sewage treatment plants and applied as fertilizer on agricultural
lands. . . .
20. The third major responsibility of Mr. Bezo concerns the
Utility Monitoring Information Systems ("UMIS") . This is a
computerized system whereby the projects under the auspices of the
North-East Region provide data on water quality, processes, etc. to
the Regional Office for entry into a computer data base. Mr. Bezo
reviews this data to ensure accuracy and compliance with standards
and, in the event of non-compliance, brings this matter to the
attention of the appropriate management official in order to
correct process problems.
21. Finally, Mr. Bezo has a number of other duties as
assigned and as reflected on the Position Specification Form.
7
22. Despite lengthy testimony, Mr. Bezo was not cross-
examined to any great extent on his job functions and, in any
event, not to any extent in which it might be said that he performs
other or less than that which he stated during his examination in-
chief.
23. Mr. Bezo Is supervisor, Mr. Conroy, also testified and Mr.
Conroy's testimony was restricted almost exclusively to his view of
Mr. Bezo's qualification as a "designated specialist" in accordance
with guidelines prepared unilaterally by the Ministry of the
Environment for the designation of E05 positions.
24. Finally, a memorandum from the Deputy Minister, G. S.
Posen, dated March 28, 1991, was filed in evidence on consent
indicating that the Ministry had made a "commitment" to have the
Environment Officer series made retroactive to October 1, 1986 and
that that commitment was being honoured. In accordance with the
opening statement made by counsel for the Employer, it is not in
dispute that should Mr. Bezo be reclassified at the E05 level, he
will receive retroactive pay to that date.
II. FURTHER EVIDENCE
The only factual matter that was not stipulated related to the
nature of the grievor's duties with respect to co-ordinating the
sludge utilization program. As to this, the grievor testified that
8
the idea was to recycle the sludge as fertilizer for the benefit of
its nitrogen, phosphorous and organic content. In order to
qualify, however, he said, the sludge was required to meet certain
nitrogen to metal ratios because it was undesirable to permit
metals to accumulate in the soil.
Once the sludge was deemed acceptable, the grievor testified,
appropriate sites for applying it as fertilizer were selected from
among applications from farmers. The grievor stated that he would
investigate a proposed site by checking soil samples, slopes and
soil permeability. Thereafter, the grievor said, the user would be
required to sample the soil for pH and bicarbonate extractable
phosphorous every 3 years. The grievor stated that he used this
information in centrally co-ordinating the loading with fertilizer
of every site. From this, he said, he would determine the
appropriate concentrations of nutrients to be applied.
Mr. Mel Conroy, the Utility Manager for the Region, agreed
that the grievor performed the above functions in connection with
the sludge utilization program. He testified that this was an
important programme but that the magnitude of the programme was too
insignificant to be accorded the same level as a Part VII Programme
or the more significant programmes of other districts. According
to the evidence, the grievor spent less than 30% of his time in co-
ordinating the sludge utilization programme.
9
III. ISSUES
In their written submissions, counsel for both parties
directed their arguments to the following issues:
(1) Whether the grievor was properly classified as an E04;
and,
(2) If not, whether the grievor would be properly classified
at the E05 level as either a:
(a) Designated Specialist; or
(b) Programme Implementation Co-ordinator.
We will address these issues seriatim hereinbelow:
(1) Whether the grievor was properly classified as an E04
For purposes of ease of reference, the class standards for the
Environmental Officer Series are appended to this award. It is
necessary to refer to this series, and in particular, the standard
for the E03 level because the class standard for the E04 level
expressly provides that it covers those whose duties are "in
addition to the responsibilities described in the E03 standard."
It was submitted on behalf of the, grievor that he was
improperly classified as an E04 for a number of reasons. These
included:
10
(1) The position did not involve any "inspection,
investigation and enforcement activities in the
environmental assessment and pollution control
field", as required by the standard;
(2) The position did not involve any "selection, operation
. . . [or) maintenance of specialized, complex electronic,
chemical or mechanical air, water or waste water
monitoring equipment in field locations", as required by
the standard; and
(3) The position did not involve providing "assistance to
other Ministry staff in conducting applied research
projects or surveys" as required by the standard.
It also was submitted that the additional duties set forth in
the EO4 standard did not bring the grievor within its ambit. The
grievor did not, it was submitted, work as a group leader or in the
advanced investigative and enforcement function as specified in the
EO4 standard. As to the application of the EO4 standard to senior
Environmental Officers who function independently and assume
significant responsibility, it was pointed out that the grievor,
while a senior officer, did not exercise responsibilities across a
range of several areas as required in connection with this
coverage.
Counsel for the Ministry submitted that the position of the
grievor fit within the Preamble to the EO series, in terms of its
application to responsibility for "data collection, inspectional
investigational . . . preliminary evaluative and interpretive work on
matters relating to . . . pollution control in the natural
environment." As to the submissions of counsel for the Union
regarding the inapplicability of the EO3 standard, it was submitted
11
that it was possible to characterize certain of the duties and
responsibilities of the grievor as falling within the broad scope
of the standards at the E03 level. The Board was provided with a
chart, not reproduced herein, suggesting how this co-ordination
might be made. Similarly, a further chart was provided, again not
reproduced herein, in an attempt to co-ordinate the further
standards for a position at the E04 level with the duties performed
by the grievor. It also was submitted that while the E04 standard
did not refer to the research performed by the grievor, its wording
could be manipulated in light of the wording of the E03 standard to
conclude that it did anticipate the performance of research which
was to some extent independent.
Having duly considered these submissions, it is our conclusion
that the grievor is improperly classified at the E04 level. Our
reasons for reaching this conclusion are that the class standard
for the E03, which must be read in conjunction with that for the
E04, does not appear to contemplate the vast majority of the duties
and responsibilities of the grievor. It was acknowledged by the
Ministry at the hearing that the grievor's job was unique. Mr.
Conroy testified that no other region had a process technician. .
The functions assigned to the grievor's job were, instead,
performed by operations engineers, the head office group
responsible for them, or consultants hired to iron out problems in
plants that they probably built.
12
We agree with the submissions on behalf of the grievor that
substantial portions of his duties and responsibilities fall
outside the scope of those at the core of the EO3 standard. The
latter duties and responsibilities appear to contemplate an
employee involved in a monitoring or overseeing role. The position
of the grievor is more in the nature of a process position. Apart
from co-ordinating the sludge utilization programme, the grievor is
involved in the development of processes for improved treatment of
water and sewage and assisting operators and laboratory technicians
in improving the operation of their projects or plants. The nature
of his work does not appear to be contemplated within the EO3 and
EO4 class standards.
(2) (a) Whether the Grievor would be Properly Classified
at the EO5 Level as a Designated Specialist
It was submitted on behalf of the grievor that even though the
latter had not been "designated" as a specialist by the Ministry,
it was open to the Board to recognize that the grievor was a de
facto specialist within the meaning of the EO5 standard. In this
regard, we were referred to Re Hiltz and Ministry of the
Environment (1990) , G.S.B. #1376/88 (Ratushney) , in which it was
acknowledged that it was within the jurisdiction of the board to do
SO. See id. at p. 3 .
It was submitted that in the circumstances of the present
case, the Board should exercise this jurisdiction. The grievor, it
13
was pointed out, was recognized in his position specification as a
Technical Specialist and it was conceded by Mr. Conroy that the
grievor did, in fact, function in this capacity. It was further
stressed that the grievor conducted field and laboratory
investigations and performed specialized research studies in the
speciality area of municipal water and sewage treatment plants.
These functions, it was submitted, fit well within the requirements
of a designated specialist in the E05 standard.
It was submitted on behalf of the Ministry, however, that the
E05 standard contemplated a much higher level of expertise than
that possessed by the grievor for purposes of classification as a
designated specialist. ' It was for this reason, it was submitted,
that there were no environmental officers classified as designated
specialists under the E05 standard. Most persons who would so
qualify, it was submitted, operated at a sufficiently high level to
be classified in other series pertaining to scientists, engineers
or other professional categories. In short, it was submitted, the
expertise of a designated specialist had to be high enough to
provide him or her with recognized status among professionals in
the area.
The grievor's duties, it was submitted, did not require more
than a moderate level of expertise. The projects or plants that he
dealt with, it was submitted, were small with only simple treatment
processes. As to the research studies conducted by the grievor, it
14
was submitted that they were no more than simple literature surveys
or the application of standard and uncomplicated laboratory tests
and theories to individual problems as they arose.
Having considered the foregoing submissions, we accept the
submission of the Ministry that status as a designated specialist
within the meaning of the E05 standard requires professional
recognition as an expert in a specialty area. We note that the
class standard makes designated specialists "fully accountable" for
"decisions made with respect to matters involving areas of
expertise/preparation and review of reports. . . . " The class
standard goes on to warn that "inadequate technical findings or
incomplete documentation of evidence could result in considerable
financial losses to the ministry and to other parties and loss of
the ministry's credibility and prestige. " These factors are
consistent with the submission of the Ministry regarding the level
of expertise required of a designated specialist.
We also accept the submission on behalf of the Ministry
regarding the level of expertise required in the grievor's
position. There does not appear to be sufficient evidence to
enable us to conclude that the grievor performs at such a high
level of expertise as to satisfy the requirements of a designated
specialist in the E05 class standard.
15
(2) (b) Whether the Grievor would be Property Classified
at the E05 Level as a Programme Implementation Co-
ordinator
This issue may be shortly dealt with. The evidence indicated
that the grievor does not spend any more than 30% of his time in
co-ordinating the sludge utilization programme. We accept the
submission of the Ministry that these duties do not attract
classification as an E05 co-ordinator because they do not form a
significant enough part of the core of the grievor's duties and
responsibilities.
IV. CONCLUSION
In the result, then, it would appear that this is an
appropriate case for the issuance of a Berry order directing the
Ministry to "find or create" a proper classification for the
grievor. The Union submitted that in the event that the Board
decided to issue a Berry Order, the Employer should be given no
more than 90 days to find or create an appropriate classification
and reclassify the grievor therein. This seems to us to be an
appropriate length of time for purposes of accomplishing the
reclassification; however, the circumstances of this case do not
appear to justify making an order in this regard. We will retain
jurisdiction pending implementation of the terms of our award,
however, and will be available to make a ruling should
circumstances indicate that imposition of a time limit might be
necessary. Finally, it is noted that in their written submissions
' atp«y Grow 2
TLCHNICAL SERVICLS TS-07 RESOURCES SUP IT S
Ison"
ENVIROKKENTAL OFFICER
Class Code Class Title
61500 Environmental Officer i
61502 Environmental Officer 2
61504 Environmental Officer 3
61506 Environmental Officer 4
61508 Environmental Officer 5
61510 Environmental Officer 6
Ettacttve Data issued PaOs
1 of 12
September 1 , 2987 July S. 1988
t _ tporr Oiroup
TECHNICAL SERVIC. TS-O7 RESOURCES SUPPO. � �
SKtM Class Coda
ENVIRONMENTAL OFFICER
61500 - 61510
ERYIROmrm Omcn
INCLUSIONS:
This series covers positions responsible for data collection, inspectional,
Investigational, enforcement, and preliminary evaluative and interpretive work
on matters relating to environmental assessment and pollution control in the
natural environment.
EXCLUSIONS:
Excluded from the series are:
I. Positions requiring the analysis and testing of samples conducted
primarily in a laboratory setting.
2. Positions requiring full professional status for the applications of
scientific and engineering principles found in such disciplines as
engineering, biology or chemistry.
ALLOCATION OF POSITIONS:
There are six levels in this series and the assignment of positions to the
appropriate levels will be based on consideration of both the summary
description and the four compensable factors: knowledge, judgement,
accountability, and contacts;
1. The knowledge factor describes both the knowledge and skills normally
required to perform the responsibilities of the position. The knowledge
element refers to the knowledge of legislation, principles and
precedents. The skills element of this factor refers to the approaches,
practices and techniques, normally gained through experience, which are
required to adequately perform the duties.
2. The Judgement factor refers to the discretion required and the freedom
for making decisions within variable parameters. To be considered are
such matters as the nature of supervision received, the availability of
guidance from such sources as statutes, legislation, technical
standards, specifications, and previously established procedures and
precedents, the requirement for new and innovative approaches and the
variety of alternative choices of action.
3. The accountability factor refers to the scope of responsibility,
decisions made and the result of errors.
4. The contacts factor refers to the significance and extent of relation-
ships which are a necessary part of the work. The two elements are (a)
the mature and purpose of the contact, and (b) the level and authority
of the person contacted.
EH*cthv Data Issued Page
September 1 . 3987 July S, 1988 2 of 12
C+m4«Y Group =
TLCWIICAL SLRV1 S TS-07 RESOURCES SVPI T
Series
Class Code
zxv I RoKKENTAL OFFICER 61500
Aft OMCn 1
s •
positions allocated to this class involve basic duties principally related -to
data collection or inspection in the field of environmental assessment and
pollution control. The compensable factors at this level are typically
reflected as follows:
I. Knowledge:'
Sufficient' basic knowledge of air, land, and water pollution control
systems and equipment, and environmental assessment technology to
perform basic inspections and collect environmental data.
2. Judgement:
Work is performed under close supervision and is limited to matters
having well established precedents and procedures. All unusual matters
are referred to senior staff. Basic technical reports, usually without
recommendations, are prepared generally as tables of data and/or
standard forms.
3. Acccountability:
These positions are accountable for adherence to established guidelines
and instructions in the collection of data and for the accuracy of
resulting information. Errors should have no significant impact beyond
the efforts necessary to obtain correct information.
4. Contacts: .
Contacts are limited principally to householders, small contractors,
technical support staff within their own ministry, or project operations
staff for the purpose of obtaining information.
Effective Date Issued g9e
September 1 , 1987 July S, 1988 3 0! 12
Category Group
TECHNICAL SERVICE. TS-07 RESOURCtS SUPPOA
Senes Class Cod
CNVIR01MUTAL OFFICER 61502
INYIROKKCNTAL OMCEZ 2
This class covers positions involving data collection and limited analysis or
routine inspection work in the field of environmental assessment and pollution
control. This is a junior working level position or a position in which
employees gain training and experience. The compensable factors at this level
are typically reflected as follows:
1. Knowledge:
Work requires sufficient technical knowledge to understand the
principles and practices of industrial and municipal environmental
control, pollution abatement, and land use practices. Positions my
involve knowledge of: industrial processes/municipal water supply
systems/sewage disposal systems/agricultural activities/waste
management/ground and surface water technology/environmental monitoring
equipment. Some knowledge of environmental legislation, ministry
policies, practices and administrative procedures is also required.
2. Judgement:
Work is performed under direct supervision with some discretion to make
technical decisions within established practices and precedents and to
make minor on—site recomendations. Matters that involve deviation from
established practice, however, are referred to senior staff. Judgement
Is exercised in assembling data, preparing technical reports and making
recomendations, usually in consultation with senior staff.
3. Accountability:
These positions are accountable for the accuracy of the data and
information collected and for the technical quality of reports and
recommendations. The impact of decisions and recommendations, however,
is limited as they are subject to review.
4. Contacts:
Work involves regular contacts with the general public, contractors,
project operations and technical support staff and municipal, industrial
and other agency employees at the technical level for the purpose of
exchanging information and data.
Effective Data Issued Pape
4 of 12
September 1 , 1987 July S. 1988
C�te9ory Group
TECHNICAL SERVIL-o TS-07 RESOURCES SUPPOR.
ENVIRONMENTAL OFFICER Mass code
61504
MMROKMZ TAI. OMCER )
This class covers positions involving inspection, investigations and
enforcement activities in the environmental assessment and pollution control
field. In some positions they would conduct investigations to identify,
monitor and report on sources of pollution of air, land, or water, including
noise, and plan, organize and conduct assessment surveys and monitoring of the
natural environment. With respect to pollution control occurrences, they could
also effect corrective action by making recommendations for implementation of
appropriate abatement measures, and initiate where necessary appropriate
enforcement activity to ensure compliance with environmental legislation. They
say also be responsible for providing emergency response to spill contingency
situations and plant process upsets, to monitor and provide recommendations
and/or remedial measures. They may review and process applications and prepare
Certificates of Approval.-
This class also covers positions which are responsible for the selection,
operation and maintenance of specialized, complex, electronic, chemical or
mechanical air, water or wastewater monitoring equipment in field locations
resulting in the production of validated data for use in environmental
assessment programs. They may also provide assistance to other ministry staff
in conducting applied research projects or surveys to evaluate new technology,
methods, and assess the natural environment. The compensable factors at this
level are typically reflected as follows:
1. Knowledge: _
A working knowledge of the principles and practices of industrial and
municipal environmental control, pollution abatement, land use and
contingency response practices. Positions may involve knowledge of:
industrial processes/municipal water supply systems/sevage disposal
systems/agricultural activities/waste management/ground and surface m
water technology/environental monitoring equipment/court procedures
regarding enforcement activities. Knowledge of environmental and related
legislation, regulations, ministry policies, practices and administrative
procedures is also required. Cood oral and written communicative skills
and tact are mandatory.
2. Judgement:
York is performed under general supervision with some independence in
the planning and execution of field inspections and surveys, complaint
investigations and enforcement activity. Judgement is also exercised in
the preparation of comprehensive technical reports, interpretation of
information and data, the development of remedial recommendations and
when representing the ministry at public and municipal meetings, and
before the courts and ocher quasi judicial bodies.
Ettec:lve Date Issued Page
S of 12
September 1 . 1987 July S, 1988
�iseQorir Group
TECHXICAL SERVICES TS-07 RESOURCES SUPPORT
Series EKVIR0l1NENTAL OFFICER Class Code
61504
L
Lavirounestal Officer 3 Cout'd.
Is some positions judgement is exercised when: evaluating complaints/—
calibrating and servicing instruments and equipment/ensuring appropriate
cleanup action at spillshnitiating and/or recommending appropriate
legal action and enforcement activity where infractions of legislatioq
have been discovered. Persuasiveness and mature judgement are required
especially when dealing with complainants, the media, and elected -;
officials on contentious issues.
3. Accountability:
The incumbent is directly accountable for: collecting complete and
accurate technical information/interpreting and utilising information
gathered to implement corrective procedures/initiating enforcement
activity/maintaining and operating complex equipment in accordance with
legislation or established ministry practice and precedents.
Inappropriate recommendations could result in some monetary loss to the
ministry or others and in loss of the -ministry's credibility and
prestige.
4. Contacts:
Regular contact is made with the public, industrial clients, the media,
municipal officials, consultants, developers, contractors, health
officials, emergency response personnel, other Provincial and federal-
agencies and elected officials. Contacts are for the purposes of
exchanging information, giving technical advice, making recommrendations,
responding to contingencies, developing orders, and enforcing provincial
' legislation. The incumbent officially represents the ministry in all
contacts and .say be required to appear, as a ministry witness at hearings
and in courts of law and to provide information at public meetings.
I
z1fective Dice Issued Page
September 1 . 1987 July 5, 1988 6 0! 12
Category Group
TECHNICAL SERVICES RESOURCES SUPPORT
Sartas CIS" Code
i1tVIROtMF1ITAL OFFICER 161506
DrVIROMMAL O"ICIM h.,
This class covers positions of employees who, 1t1on to the
responsibilities described in the Environmental Officer 3_lstandard, exercise
advanced responsibilities across a range of several areas in the enviror ertal
and pollution control field-
r
They say function as group leaders providing technical direction,
co—ordinating and reviewing the staff activities, assigning and evaluating
technical work, and instructing in technical training programs. Also, in a
group leader role, they may participate as a technical advisor on selection
boards and in the performance management process by.performing such duties as
advising on training and certification courses and work objectives, and say be
responsible for recommending the purchase of specialised monitoring equipment
and the selection of appropriate sites; M they say be recognised senior
environmental officers who have the ability and wide variety of experience to
function independently and to assume significant responsibility. They will
exercise judgement and initiative to identify and resolve complex and
contentious problems; OR in the advanced investigation and enforcement
function they may perform at an entry level in which they gain training and
experience is both fields. The compensable factors at this level are typically
reflected as follows:
1. Knowledge:
Work requires the technical expertise, flexibility and depth of
background to deal independently with a wide variety of unpredictable
environmental problems, where the individual's knowledge say be the only
immediate guide to action. Demonstrated leadership, communication skills
and a good knowledge of a wide variety of environmental and related
legislation and regulations are essential. In some positions which deal
with' instrumentation a proven technical proficiency is required.
2. Judgement:
Work is performed under minimal supervision. Judgement is employed to
co—ordinate the necessary human, material and/or information resources
and to organise studies, surveys, investigations of complaints or
inspections independently, referring to supervisors only in event of
very unusual circumstances, and to advise on progress.
Judgement is exercised in applying general technical principles to new
problems which do not respond to precedent or established practice and
when representing the ministry at public meetings, hearings or in
dealings with media. In some positions judgement is ilso required when:
recommending appropriate clean—up action at spills/considering
recommendations for legal action/interpreting legislation/reviewing
reports and recommendations of other technical staff.
Ettec;ive Date tasued Page
September 1 , 1987 July S. 1988 °� . 1�
OrgAM
c4taQW7 Group _
TECHX1CAL SERVICES TS- OT RESOURCLS SUPPORT
Sees
LN Ctasa Code
YZYON?fEHTAL OFFICER 61506
Lnviranmental Officer 6 Coated.
3. Accountability:
These positions are fully accountable for independent completion of
complex work, for the technical guidance and coordination of actions of
other assigned staff, for the technical accuracy and quality of data
collected or produced and for'-comprehensive technical reports with
recommendations as a result of their decision on necessary information,
for format and content of reports and appropriateness of recommend-
ations; and in some positions for the purchase, installation and _
maintenance of complex monitoring equipment. Reports are suitable for
distribution outside the ministry after only general review by the
supervisor. Inappropriate recomendations could result in some monetary
loss to the ministry or others and in loss of the ministry's credibility
and prestige.
t. Contacts:
Work involves a vide variety of continuing contacts with governmental
and industrial officials at the operational, technical,professional and
management levels, elected officials, general public, the media,
consultants, developers, contractors, health officials, technical,
scientific and engineering officials of the ministry, other provincial
ministries, the Government of Canada and international agencies.
The contacts are for the purpose of exchanging information, giving
advice, publishing interpretative data, making recommendations, planning
co-operative studies, or enforcing regulations. They may be called to
give evidence on technical matters or to appear as an expert witness !--
before administrative tribunals such as the Environmental Assessment i
Board or a court of lay. They may be required to matte presentations at
public meetings or represent the ministry on citizens' liaison
committees. In all contacts, the employee officially represents the
ministry.
Effective Date Issued Page
C�n►an} .♦ 1 1 OA7 .lulu S. 1988 8 of 12
Category Group
TECHNICAL SERVICES TS-07 RESOURCES SUPPORT
Series ENVIRONMENTAL OFFICER Class Coda
61508
INVIRfliMMTAL Omcn S
This class covers positions of employees who, acting at a s!alox level as
pro ran implementation co-ordinators, have direct responsibility for
co-ord lust ing Me activities of branch and/or regional personnel as they relate
to the appropriate program area OZ act as des+ isnated specialists for brad hes or
rt&io ns (both proiram implementation co-ordinators and designated specie s
f-un—c-tTon in a spedialty area within mu, ni_cipal or industrial solid waste/liquid
waste/emission control/complex assessment` surveys) OR act as officers in the
iWeWtigation and :enforcement function who must make decisions independently,
using oonU heir knSWFex Ige, skITTMM experience as guides in such matters as
collecting and analyzing evidence such as financial records/company books/
waybills, gathering intelligence on violators and preparing and assisting
ministry lawyers with prosecutions. The compensable factors at this level are
typically reflected as follows:
1. Knowledge:
In some positions, employees would have proven leadership, organizational,
communicative and project management abilities. In other positions,
employees will be required to have extensive knowledge of environmental
investigation and enforcement procedures or proven technical knowledge
such that the employee is recognized as an expert In -a specific field. A
thorough knowledge of a wide range of environmental legislation,
regulations, and policies as well as a working knowledge of related
legislation and regulations is also mandatory.
2. Judgement:
Work is 'performed under general direction. Judgement and tact are
essential to co-ordinate the necessary human and/or information resources
and to design and organize branch/regional studies, surveys,
Investigations with minimum input from supervisors. Performing as a
specialist, a very high level of judgement is necessary since the person
may be the prime ministry representative dealing with industry,
municipalities or consultants and may develop options independently and
present then to a client group.
As environmental investigators, judgement is required to implement
appropriate legal action. Judgement is also required when collecting
evidence/taking statements/observing rules of evidence/preparing and
serving legal documents. .
EH calve Data Issued ( PaOa
. 9 of 12
i
Cat�ory Group t _
TECHNICAL SERVICES TS-07 RESOURCES SUPPORT
Series MIROKMEHTAL OFFICER Cass Code
61508
=avirousental Officer S Cont'd.
3. Accountability:
In positions allocated to this level, employees are fully accountable for:
co-ordination of program and staff/decisions made with respect to natters
Involving areas of expertise/preparation and review,of reports/preparation
and execution of prosecution packages. Inappropriate..recomoendat tons I
Inadequate technical findings or incomplete documentation of evidence
could result in considerable financial losses to thq ministry and to other
parties and loss of the ministry's credibility and prestige.
t. Contacts: . ,
The work involves a vide variety of continuing contacts with governmental
and industrial officials/at the operational, technical, professional and
management levels/court and other enforcement agenciss/elected officials,
the general public, the. media, consultants, developers, contractors/health
officials and technical, scientific and engineering officials of the
ministry, other provincial ministries, the Government of Canada and
International agencies. '
The contacts are for the purposes of exebanging information, providing
advice and direction, discussing complex technical matters vitb experts
from outside agencies, preparing and assisting lavyers vith prosecutions,
publishing interpretive data, making recommendations, planning
co-operative studies such as research projects funded by the ministry or,
enforcing regulations. They UZ be called to give evidence on technical
matters or to ageear as an expert witness before adafnistrative tribunals
such as the Environmental As` sessment Board or a court of law. They may be
required to make presentations at public meetings. In all contacts, the*
employee officially represents the ministry.
I
Effective Date Issued Pape
c..... ....i... t t00� 4..1.. c 4000 10 Ot 12
nispCxr Group i
TECHNICAL SERVICES 07 RESOURCES SUPPORT
ENVIROXMrYTAL OFFICER 615 Coda
61510 '
+ironnestal Officer 6 Coated.
Contacts:
The work involves a vide variety of continuing contacts with governmental
and industrial officials at the operational, technical, professional and
management levels/elected officials, the general public, the media,
consultants, developers, contractors/health officials and technical,
scientific and engineering officials of this ministry, other provincial :
ministries, the Government of Canada and international agencies. The
contacts are for the purpose of exchanging information, giving advice,
discussing complex technical matters with experts froo outside agencies,
publishing interpretative data, making recommendations, planning —�
co—operative studies such as research projects funded by this ministry or
enforcing regulations. They may be called to give evidence on technical
matters or to appear as an expert witness before administrative tribunals
such as the Environmental Assessment Board or a court of law. They may be
required to make presentations at public meetings. In all contacts, the
employee officially represents the ministry.
i
s
ectfve Data issued Page
1 s of
12
S 7tember 1 , 1987 July S. 1988
1-6
both parties agreed that the remedy of reclassification should be
made retroactive to a point in time 20 days prior to the date of
the grievance. The grievor, of course, will be entitled to receive
interest upon this retroactive payment in accordance with the
Hallowell House formula.
DATED at London, Ontario, this loth day of December,
1992.
R. LY. Rob ts, Vice-Chairperson
i
i
E. Seymour, Union Member
D. Clark, Employer Member
`— Category Group
TECHNICAL SERVICE: ITS-07 RESOURCES SUPPORT
Series ENVIRONMENTAL OFFICER dssa Coda
61510
ERVI1 OKME tM OMCER 6
This class covers positions of employees who, under the administrative direction
of a program manager. function as designated divisional or ministry
implementation co-ordinstors of major ministry pro rants which are complex in
nature and may have an inter-divi r minisR-M acct They are the
principal 1 a son officers and sppo espersons responsiblecfor t5e development,
implementation, monitoring and evaluation of programs designed to address unique
environmental problems/issues; OR they act as group leaders is the Investigation
and enforcement function; OR they coordinate inter-regional and/or
inter-jurisdictional special investigations. The compensable factors at this
level are typically reflected as follows: =
1. Knowledge:
Work requires an advanced knowledge of ministry organisation, Acts and
Regulations, administrative and technical policies, directives,
guidelines, procedures and practices. Work also requires demonstrated
program development and management skills. In sosae positions, proven
analytical, leadership and investigative abilities are required, as are
demonstrated human resource management skills. In the investigations and
enforcement group leader positions, a thorough knowledge of appropriate
legislation, legal practices, procedures and precedents is essential.
2. Judgement:
York is performed under very general direction. Judgement is employed in:
establishing priorities/recommending procedural changes to
programs/defining projects/organizing and co-ordinating major
Invest igations.Judgement is also used in determining the impact of program
initiatives and changes on municipalities and/or industries.
3. Accountability:
These positions are fully accountable for: developing abatement
strategies/soundness of recotsmendations for program initiatives and
changes/developing and co-ordinating complex projects/the accuracy of
findings and reports/the effective utilization of human, material and
financial resources/co-ordinating and reviewing the development of
prosecution packages.
Poor project management or inadequate technical findings or incomplete
I documentation of evidence, could result in considerable financial losses
to the ministry and other parties and Ioss of ministry's credibility and
prestige.
E?fec:ive Cate Issued Pape
SenEember 1 . 1987 July 5. 1988 11 of 12