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HomeMy WebLinkAbout1989-1017.Mohammed.92-12-10 ONTARIO EMPI_OY~JS DE LA COURONNE CROWN EMgLOYEES DE h 'ONTARIO GRIEVANCE C,OMMISSION DE SEi'I'LEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, TORONTO, ONTARIO. M,SG 1Z8-SUITE 2100 TELEPHONE/TEL[PHONE 180, RUE DUNDAS OUEST, TORONTO, (ONTARIO) MSG 1Z8~ BUREAU2100 (416) 598~0688 1017/89 IN THE MATTER OF AN ARBITI~TZON Under THE CP,.OWN EMPLOYEE8 COLLECTZVE B~RG~ZNZNG ~CT Be£ore THE GRZEV~%NCE SETTLEMENT BOARD Between= / OPSEU (Mohammed) Grievor - and - The Crown in Right of Ontario (Ministry of Revenue) Employer Before~ R.L. Verity Vice-Chairperson M. Vorster Member F. Collict Member For'the Griewor: P. Chapman Counsel Ryder, Whitaker, Wright and Chapman Barristers & Solicitors For the Employer: D. Daniels " Labour Relations Officer Ministry of Revenue Hearing: January 4, 1990 DEC.ISION In a grievance dated June 20, 1989, Selma Mohammed alleges a Ministry violation, of Article 5.1.2 of the relevant collective agreement in her assignment to the minimum salary level of the Tax Auditor 3 classification following a promotion in May, 1989. She seeks re-assignment to the maximum lsalary level of the classification. The matter proceeded by way of an agreed statement of facts, and brief submissions. The agreed statement of facts reads as follows:' I. THE GRIEVOR IS CURRENTLY A SENIOR TAX AUDITOR - DESK (CLASSIFICATION - TAX AUDITOR 3) EMPLOYED BY THE MINISTRY OF REVENUE IN ITS CORPORATIONS TAX BRANCH. 1.(a). THE GRIEVOR WAS FIRST HIRED INTO THE ONTARIO PUBLIC SERVICE IN MARCH, 1971, AS A TAX AUDITOR 3, AT THE LOWEST RATE OF PAY FOR THAT 'CLASSIFICATION. SHE EARNED REGULAR MERIT INCREASES DURING THE COURSE OF HER EMPLOYMENT AS A TA3, REACHING THE MAXIMUM RATE OF PAY IN 1976. 2. ON JUNE 21, 1985 THE GRIEVOR WAS DEMOTED FOR REASONS OF HEALTH FROM A POSITION CLASSIFIED AT THE LEVEL OF TAX AUDITOR 3 TO A POSITION CLASSIFIED AT THE LEVEL OF TAX AUDITOR I PURSUANT TO ARTICLE 5.6 {NOW 5.5) OF THE COLLECTIVE AGREEMENT THEN iN FORCE. DURING THE INITIAL SIX MONTHS OF THIS DEMOTION THE GRtEVOR'S SALARY WAS PROTECTED PURSUANT TO THE REQUIREMENTS OF ARTICLE 5.6. 3. ON FEBRUARY 18, 1986, THE GREIVOR WAS ADVISED OF HER DEMOTION ON A PERMANENT BASIS, EFFECTIVE MARCH l, 1986, TO A POSITION CLASSIFIED AT THE TAX AUDITOR 1' LEVEL. THE GRIEVOR'S~TAX AUDITOR 3 SALARY CEASED TO BE PROTECTED AT THAT TIME. THE GRIEVOR'S SALARY WAS REDUCED FROM $772.31 WEEKLY TO $547.61 WEEKLY. $547'.61 WAS THE MAXIMUM SALARY FOR THE CLASSIFICATION OF TAX AUDITOR 1 IN THE YEAR 1986. 4. THE GRIE¥OR WORKED AS A TAX AUDITOR - DESK (TAll FROM MARCH l, I986 UNTIL MAY 29~ )989 EXCEPT FOR A SIX MONTH TEMPORARY ASSIGNMENT TO A POSITION AT THE TAX AUDITOR 3 LEVEL BETWEEN SEPTEMBER 1, 1988 AND FEBRUARY 28, 1989. 5. EFFECTIVE MAY 29, 1989 THE GRIEVOR WAS PROMOTED THROUGH A JO8 . COMPETITION TO THE POSITION OF SENIOR TAX AUDITOR ~ DESK (CLASSIFICATION - TAX AUDITOR 3). 6. THE GREIVOR'S SALARY AT THE TIME OF HER PROMOTION WAS $653.38 WEEKLY IN HER CLASSIFICATION AS A TAX AUDITOR l. $653.38 WAS THE MAXIMUM SALARY FOR THE CLASSIFICATION OF TAX AUDITOR 1 IN THE YEAR 1989. ON PROMOTION, THE GRIEVOR WAS ASSIGNED A SALARY OF $740.85. $740.85 WAS THE MINIMUM SALARY FOR THE CLASSIFICATION OF TAX AUDITOR 3 IN 1989. The sole issue is the Employer's interpretation, application and administration of Article 5.1.2. The Board was referred to the following provisions of the collective agreement: ARTICLE 5 - PAY ADMINISTI~J~TION 5. l.1 Promotion occurs when the incumbent of a classified position is assigned to another position in a class with a higher maximum salary than the class of his former position. 5.1.2 An employee who is promoted shall receive that rate of pay in the salary range of the new classification which is the next higher to his present rate of pay, except that: - where such ~ change results in an increase of less than three percent (3%), he shall receive the next higher salary rate again, which amount will be considered as a one-ste~ increase; - a promotional increase shall not result in the employee's new salary rate exceeding the maximum of the new salary range except where permitted by salary note. 5.5 Where, for reasons of health, an employee is assigned to a position in a classification having a lower maximum salary, he shall not receive any salary progression or salary decrease for a period of six (6) months after his assignment, and iflat the end of that period, he is unable to accept employment in his former classification, he shall be assigned to a classification consistent with his condition. The Union argued that in exceptional circumstances following a promotion, as in this case, the Ministry should exercise its implied discretion to assign the maximum salary level of the classification. Ms. Chapman acknowledged that she was unaware of any previous Board decision involving the alleged breach of an implied discretion. The Employer contended that Article 5.1,2 had been properly applied. In particular, Mr. Daniels maintained that the article contained no discretion either expressed or implied. In support of its position, one authority was cited; namely, Re OPSEU (David Stewart Johnston). and-Ministry of Transportation and Communications 69/83, (Weatheritl). Under s.19(1) of The Crown Employee's Collective Bargaining Act the Grievance Settlement Board has jurisdiction to determine any differences between the parties "arising from the interpretation, application, administration or alleged contravention of the agreement." Essentially, the issue in the grievance before us is one of interpretation. The sole provision in the collective agreement dealling with salary on promotion is Article 5.1.2. The article provides that upon promotion, an employee shall receive the next higher rate of pay in the new classification as compared with his present rate of pay with two exceptions. Neither exception applies lin the instant grievance. The language of Article 5.1.2 is clear and unambiguous. Indeed, Ms. Chapman acknowledged that fact. As a rule of construction, the clear and explicit words of-a collective agreement must be given their ordinary and plain meaning. The rationale for this rule was considered by Mr. Justice Gale, presiding as Chairman lof an Arbitration Board, in Re Massey-Harris Company iLtd. (1953), 4 L.A.C. 1579 at p.1580: .... [W]e must ascertain the meaning of what is written into Ia] clause and to give effect to the intention of the signatories to the Agreement as so expressed. If, on its face, the clause is logical and unambiguous, we are required to apply its language in the apparent sense in which it is used, notwithstanding that the result may be obnoxious to one side or the other. In those circumstances it would be wrong for us to guess that some effect other than that indicated by the language therein contained was contemplated or to add words to accomplish a different result." Clearly, Article 5.1.2 contains no discretion in favour of management either expressed or implied. The Board can well understand the grievor's frustration in these particular circumstances. Miss Mohammed has previously held the classification of Tax Auditor 3 at the maximum salary level of that classification for some )4 years. Essentially, she is now in the same position as she was at her entry level in 1971. However, the language of Article 5.1.2 does not distinguish between emploYees wh6 have been previous incumbents in a classification and those who have not. The Board has no equitable jurisdiction to do what the grievor may perceive to be justice or to grant a remedy in that regard. Moreover, under s.27.16 of the collective agreement the parties have provided that the 8oard has no jurisdiction "to alter, change, amend or enlarge any provision of the Collective Agreement." For the above reasons, we find that there has been no indication of the provisions of Article 5.1.2. Accordingly, this grievance must be dismissed. DATED AT Brantford, Ontario, this 28thday of February,A. D., 1990. ! R. L. VEI~IFY_, Q. C. - Vice--Chairperson ~. VORSIER - Member ONTAR/O EMPL 0¥~S DE LA COURONNE CROWN EMPLOYEES DE L'ONTA RIO GRIEVANCE C,OMMlSSlON DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, SUITE 2700. TORONTO, ONTARIO. M5G ~Z8 TELEPHONE/T~L~PHONE.. (4~6) 326- ~358 180, RUE DUNDAS OUEST, BUREAU 2;00, TORONTO (ONTARIO), MSG ;Z8 FACSIMILE/T~£~:COPIE .. (4 ;~6) 326-~396 1021/89 IN THE MATTER OF P=N ~%RB?TRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING 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 INTRODUCTION AND BTIPU~ATED EVIDENCE This is a classification case. At the completion!l 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 ("EO4") level. I~'. Bezo see~:s to be Ii classified at the Environmental officer 5 ("EO5") le.~el 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) Back.round to Mr. Bezo's Current Position 3. Mr. Bezo is graduate of Northern College in Chemical Technolo~r. '~ II 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 Drocess 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. 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 functio , he was also trouble-shooting in plants ..and was taking care of the UMIS system. 10. In 1987, Mr. Bezo was reclassified to the E04 level. 11. Most recently, since November, 1991, Mr. Bezo ha~ been on a secondment l~hereby he, another person from the Utility Operations Branch in the South-East Region, two individuals from the Water · II Resources Brar~ch and one person from Environment Canada ar~' working on a program to evaluate a program to be used to evaluate ~.ter and sewage projects. (b) Position that is Sub4ect to the Grievance il 12. With respect to the griever's position thatl! is the subject of t e grievance,· the gr'ievor works in SudBury~ .in the ,, Utility 0per tions Division of the North-East Region !! of the Ministry of e Environment. tl. (i), Organization and ReDortinq Structure 13. The Utilities Operations Division of the No~th-East Region is responsible for administering and managing the o~eration 4 of .municipal water and .sewage treatment plants 'throughout· th~ 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. 17. Th purpose of Mr. Bezo's position is described' as follows on h~s job specification: !. "T co-ordinate and conduct technically complex field and la~oratory investigations for the development of processes, technical procedures and'equipment a~$ociated wlththe improved treatment of water and sewage treatment facilities;, to act as co-ordinator for the sludge uti~lization program. To provide advice and assistance to waste water and water treatment plant operators and laboratory technicians on matters pertaining t~ testing probedures, 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 developmentl.i, and/or appiication of municipal water or municipal waste water treatment processes or techniques and provide instructions to Plant. staff or process, as'for The Job Specif. ication Form then provides a lengthy list of studies the griever h $ perform,d and then goes on to describe th~ manner in which Mr.Bezo is to conduct his work: "ReRorts are prepared on the above-noted studies which are !suitable for dlstrlbutlon inside and/or outside the Mini!stry- only after general review by 'the manager. The emplt, oyee is fully responsible for the technical ~ccuracy and I quality of data collected or produced and recommendations made in the reports. 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 t~ken 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 NorthhEast 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. 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's supervisor, Mr. Conroy, also testified and Mr. Conroy's testimony was restricted almost exclusively to hi~ view of Mr. Bezois qu lification as a "designated specialist" in accordance with gui e lnes prepared unilaterally by the Ministryli of the Environment f r the designation of EO5 positions'. I: 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 "co_m. mitment" to have the Environment officer series made retroactive to October 1, i~986 and that that c0m~mitment was being honoured. In accordance With the opening stat ent made by counsel for the Employer, it is not in J ,' dispute that hould Mr. Bezo be reclassified at the E05 level, he will receive -etroactive pay to that date. ii FURTHER EVIDENCE The only factual matter that was not stipulated relate~ to the nature of the griever's duties with respect to co-ordinating the sludge utilization program. As to this, the griever 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 require4 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 fertilizerwere 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. In' their written submissions, counsel for both ',,~ parties directed the ,r arguments to the following issues: 'Whe~th the griever was properly classified as"i an E04; (1) er andl, (2) If . et, whether the griever would be properly ci~assified at the EO5 level as either a: (a) Designated specialist; or (b) Programme Implementation Co-ordinator. We will address these issues seriatim hereinbelow: (1) Whether the griever was properly classified as an EO4 For purposes of ease of reference, the class standards for ~he Environm,ntal Officer Series are appended to this award.',~ It is necessary to ~,efer to this series~ and in particular, the ~tandard " for the EO3 evel because the class standard for the EO4 level expressly pro ides that it covers hose whose duties 'are "in t ' t d bd addit'ion o the responsibili ies e$cri e in the EO3 stanaard.'' It was submitted on behalf of the. griever that ,he was improperly cl ssified as an EO4 for a number of reasons.il. These included: (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, whiie 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 ~o the submissions of counsel for the Union regarding the inapplicability0f the E03 standard, it was submitted that' it was ~ossible to characterize certain of the duties and responsibilities of the grievor as falling within the broad scope of the Standa[rds at the EO3 level. The Board was provided with a chart,-not r~produced herein, suggesting how this co-ordination might be made Similarly, a further chart was provided, again not reproduced h~rein, in an attempt to co-ordinate the further standards for a position at the EO4 level with the duties performed by the grievor. It also was submitted that while the EO4 ~tandard did not refer to the research performed by the grievor, itel wording could'be manipulated in light of the wording of the EO3 st~'ndard to conclude that it did anticipate the performance of research which was t'o some extent independent.. Hawing dqly considered these submissions, it is our cohclusion that the griewor is improperly classified at the EO4 level. Our reasons for r aching this conclusion are that the class ~tandard for the EOB, hich must be read in conjunction with that I: for the EO4, 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 th~ey probably built, 12 We agree with the submissions on behalf of the grievor that substantial portions of his duties and responsibilities fail 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'forimproved treatment of water and sewage and assisting operators and laboratory technicians in improving the operation of their prOjects or plan~s. 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. ~i376/88 (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 was pointed out, was recognized in his position specification as a Technical Specialist .and it was conceded by Mr. Conroy ~hat the griever did', in fact, function in this capacity. It was~ further stressed that the griever conducted field and laboratory investigatio and performed specialized research studies in the speciality area of municipal water and sewage treatment~i plants. These functio s, it was submitted, fit well within the retirements of a designated specialist..in the EO5 standard. !. It was submitted on behalf of' the Ministry, however, that the i, E05 Standard Contemplated a much higher level of expertiise than that possessed by the griever for purposes of classlflcat~lon as a .la designated sp ci list. ~It was for this reason, it was su, bmitted,.. that there were no environmental officers classified as designated specialists nder the EO5 standard. Most persons who Would so qualify, it w~s submitted, operated at a sufficiently, high i'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 griever's duties, it was submitted, did not require more than a modera .e level of expertise. The projects or plants that he dealt with, i~ was submitted, were small with only simple treatment processes.. A to the research studies conducted by the griever, 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 EO5 class standard. (2) (b) Whether the Grievor would b~ Property Classified at the ECS 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' responsibilities4 IV. CONCLUSION In the result, then, it would appear that this is an appropriate case for the issuance of a Berr~ 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 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 ~rievance. The grievor, of course, will be en%itled to receive interest upon this retroactive payment in accordance with the Hallowell House formula. -DATED at London, Ontario, this 10th day of December, 1992 · R. ~. i~ts, Vice-Chairperson E. Seymour, Union Member D. Clark, Employer Member This class covers positions of employees vho, under the administrative direction I of a'progran manager, function as designated divisional or nin/stry .. implenentation c.o-ordinators of major ministry protrmis ~hich are c~.~lex, in ' nature and nay h~ve an inter-div~St-onal or ni6istry..vi~e.i_npact~ They are the p'r-~=~ncipal liaison officer-~'~'nd spo'~'~[~-persons responsibl%for the.development, . i~plementation, m~onitoring and evaluation of prograus designed to. address unique " e~viron~e, ntal prOblems/issues; O__~tbey act as group lead'rs in and enforcement function; O..~R they coordinate inter-regional and/or.~ · tnter-Jurfsdic~gnal special investiga~ions. The compensable factors level are typically reflected as follovs: I. I~ovledge: ~or~ requ~ges an advanced ~novledge o~ ministry orga~lgation~I Acts and £egulation~ ad~inistrative and technical policies~ dl~ectives~ guidel~nes~ procedures and practices, ~o~ Ils0 requires dem°nstzated Program development and management sklllso ~n some pos~tlo~s~ proven analyttcal~ leadership and investigative abilities ire requl~ed, as are de~onstrat&d human resource s~na~ement skills. In ~he investigations and enforce~en~ group leader positions, a thorough knovledge of approptia~e legislatio~, legal practices, procedures and precedents is essen~ial. 2. Judgement: - York is performed under very general direction. Judgement lsi=e~ployed in: establishing prtorl~les/reco,-Bendlng procedural changes to ~.'. prograns/d~fining p~oJec~s/organtzin$ and co-ordinating inves~igations.Judgement is also used in determining the i~pact of program tnit/attve~ and changes.on, smnicipali~les and/or 3. AccountabiliCy: These positions are fully accountable for: developing strategies/soundness of recoo~endattons for progra~ initiatives, and changes/de'eloping and co-ordinating complex, proJects/the accuracy of findings a~d reports/the effective utilization of hunch, ~aterial and financial resources/co-ordinating and revievtng the development of '' prosecu~lo~ packages. I Poor project management or inadequate te~hnical ~indings or ~ncomple~e [ docu~entation of evidence~ could result in considerable financial tosses i to the minigtry and ocher parties and loss of ninlstry's credibility and t prestige. · SeoKe~ber 1, 1987 Jul~ 5, 1988 ~ 11 o! 12 ENVI ~tOKI~F~TAL OFFICEit Class Code Class Title 61500 Env~rot.~en~$10fftcer " 61202 Environ~en~l Officer $~5C)~ £uvSror~en~al Officer 61506 Environ~encal Officer 61510' Env~ro~ncal Officer "0 Date I~o~O P~oe September 1, 1987 July 5, 1988 1 of 1~ / T%ClO~ICA.L $~RVlC. TS-O? ~ESOUJ~CI:S ~I~~ This series co,ers positions responsible for data'collection, lnspecttonal, lnvestilationa~, euforcenent, and prelim/nary evaluative 'and interpretive york on uatters relltlnl to euvtronMntal assessueut and pollution control in the natural enviromnent. ,: ~XCLUSIONS: ~xcluded iron the series are~ ' i. 'Position requlrin& the au, lysts and testtnl of sables conducted priMrtly tn a laborato~ settins. .. . 2. Position requlrin8 full professional status for the applications of scientific and enitneertn[ principles found tn su~ disciplines engiaeerln~ blolo&y or cbents~. ~TI~ OF ~$ITIONS: ~ere are six levels In this series and tbs assi~nt of ~sitiops to tbs appropriate la{els'will ~ based on consideration of ~b tbs description an~ the ~our c~ensable factors: kn~ledge, ~ud&emen~, accouncabiltty~ and conckcts; ~e knovled&e factor describes ~th the kno~ledse e~d skills required to perfo~ the responsibilities ef tbs position. ~e knovledse . ele~at ~efers to the kno~ledse ef legislation, principles precedents. ~e skills ele~et of this factor refers to practice~ and techniques, eomll7 ~ained through experience, vhich are required to adequately perfo~ the duties. " 2. ~e Jud~e~nt fac:or refers to the discretion required and ,the freed~ fat ~t~8 decisions vithie variable para~ters. ~e ~ cons'tdered are su~ ~tters as tbs nature ef supe~istoa received, the availability sufda~e~froe such sources as statutes, legislation, technical ~taadardi, specifications, and previously established procedures and precede~[s, the requtreaeet far ae~ and innovative approach'es and cbe variety ~f alte~ocive choices of action. 2.~e accountability factor refers co the scope' of responsibility, decisioni ~de and tbs result of errors. ~e contacts factor refers to tbs significance and extent Of relation- ships vhicb are a necessar~ part of the york. ~e t~o elen~:nts are (a) I ' cbs nature and pu~ose of ~he contact, and (b) the level agd' authority I of the p~rson contacted. ' 1 EU~ ~to ] 1~ pm~ September I, 1967 July 5, i988 2 of 12 I - I ,~ ' ' CaM~xy Groop : ~rv~i~Oi~.~?AL~ OFFICF.~ 61500 ~o~lcfons ~ll~ced to ch~ c18si involve bisic duties pFluc~p~ll~ related 'Co ~ct Collec~fou oF inspection In ~be field of ,uviro~ncol 8ssessMnc and ~llu~lou con~rol. ~e coupensebl~ fac~ors~8~ tb~s level ire re,letted'is follovs: Suffiefen~ blsiC knov2edse of m~r, land, In~ racer ~llu~tou s~sceus end equlp~n~, and e~YtrO~ncol ~ssessMnc Ce~nolos7 Co perfo~ basic inspections and collect euviro~ncal 2. JudKeMuC: Vock ~$ perfo~d under close s~e~isLou and ts liniCed ~o mcce~s hsytnt veil esc~blLshed precedents Iud pr~educes. All unus~l ice referred to senior scoff, bsfc te~ulc81 reports, us~ll7 vicbouc reco~n~cLouJ, ore preplred S~nerill7 Is cables o~ ~Ci iud/or s~andard fo~s. 3, Acccouncabil i~y: ~ese positions ire eccounCoble for e~erence ~o es~abl~shed sufdelines end insertions in cbc collection o~ da~a and for the accufit7 of resul~fu~ fufomciou. Errors should hive ua sl~nf~i~nc ~oc~ beTond ~he efforts uecesslW Co obtain correct &. Contacts: Contacts ire ltntced.pr/nc/pall! to householders, suall contractors,' technical support s'caff vichin their ovu mtnis~rT, or project operac.ion~ staff for the purpose of obciinins lnfomacion. Zffecclve Dsce Issued ~ September 1, 1987 July ~. 1988 3 Of 12 'C'~egcx'~' i Gro,Jp I ' TtCI*I~ICAI. Stt¥ICE.. TS-O? ~vlRO~T~ OF~IC~I 6~2 1 This class cove~s positions involving data collection and limited analysis or routine inspection york tn rbe field of environmental assessMnt and pollution 1' control. This i~ a Junior vorking level position or a position tn Vhich erployees gain ~raining~ and experience. The coupensable factors atthis, level are typically reflected as ~novledge Vork requitres sufficient technical knovledge to.undersc,nd the Principles and practices of industrial and uunictpal environmental : control, ~ollur~on abace~nt, and land use practices. ~ostci~os involve knovled8e of: industrial processes/~nicipfl vicar supply Syscens/se**a8e d~sposal s~scems/asr~culcur81 activities/vesta mnese~nc/Sround and surface vicar technolo~y/enviro~encal..~nicorfns equipment. SaM kno~ledse of enviro~eucal legislation, utniscw policies, )tactless and a~in~stracive procedures ts also required. 2. Judgenenc: gork ts penford under direct supe~tsion vtch so~ discretion to Mke ~echnical ~ectstons uichiu established practices end precedence and Co ~ke m~nor on-site recoMndaCions. Hatters chac involve deviation from escabllsbe~ pracclc~, hoverer, are referred co senior scaff..Judsemenc is exercised tn assembltn~ data, prepartn~ technical reporCs~end · I reco~ndaC~ons, usually tn consultation rich senior staff. 3. AccouncabilicT: ~ese post ions ~re accountable for cbs ,ccuric7 of the dica~nd '~n~o~clo~ collected and for the technical quality ag reports and reco~endi~tons. ~e t~acc ag decisions a~d reco~endaclons, bogeyer, ts ltutced as obey are sub,eec Co rev~ev. Vo~k involves re~vlaF COn~OC~S vtCh the $eneF8I*publSc, con~rac~ocs project operations Ind technical support staff and munic/p~l~~ /nduscrt41 and ocher agent7 e~loyees at the technical level for the purpose exchansin8 infomcion and September ~, 1~87 July ~. ~988 ' TbLs cl4ss covers positions involvin& inspection, LnvestL&atLons and enforcement &ctivigies in the environ~entsl assessment ind pollution control field. In soa~ positions obey vould conduct tnvesclSSCLons to identify, ~oniCor and repor~ on sources of pollution of air, lind, or noise, ~nd plan, organize ~nd cond~ ~ssessBenc su~eIs lng ~nl~orini o( ~e ne~ural enviro~n~, giCh respec~ ~o ~llu~lon control ~currences, ~hel could · lso efIec~ corrective ~c~lon b~ ~kin& reco~n~cions.(or i~l~encicfou o( · ppropr/e~e ~b~ce~n~ mesures, and /n/~li~e vbere necess~ ippropr/ace enforcemen~ ~c~iv/~I ~o ensure compliance vi~h euviro~n~el legislation. ~el ml ~lso be res~nsible /or,prov/d~u~ ~r~enc~ response ~o spill cousin&eno7 situations end pl~n~ process upsets, ~o ~ui~or ~nd provide reco~en~ions and/or re~dial ~isures. ~eI ~ reviev end pr~ess applications ~nd prepare ~rct~tcices of Approval. ~ts class ~lso covers ~siciOnS vhich are responsible E~r the selec~ion~ operation ~nd ~tncenance of specialized~ co~lex~ eleccronic~ chemical ,or ~cb~nicel elf, wa~er or vasce~acer .~nicorin8 equip~nC In 'field l~actous resulcin~ In ~be producrlon o[ valtdareff ~re for use In enviro~ncal assess~nc prosra~. ~ey ~ also provide assistance ro other slnis~ in conduccinE applied researcb.pro~ec~s or supers ~o evaluate new ~echnolo~l~ ~chods~ and assess ~he natural enviro~n~. ~e compensable ~accors level are ~lcally re[lec~ed as follows: A Vorkl~ kn~leg~e o~ rbe principles ~nd practices o[ industrial ~nicip~l envtro~ncal control, pollution ab~ce~n~ l~nd use and cou~intencl response practices. Positions ~l involve kn~led~e industrial processes/~ntcipel va~er supply slscems/se~a~e disposal sIsce~s/alriculcural ~cc!vtcies/v~sce ~n~emenc/ground and surlace w~er techuolog~/envtro~ncal ~nirorin~ equip~nc/courr procedures re~ardiu[ enforce~nc activities. ~ovled~e of enviro~ncal ~nd related le~isl~clon, regulacions, ~intsc~ poltcles~ practices and ~lniscr~cive pr~edures Is ~lso required. Good oral and written co~nicacive skills ·nd ~ac~ ere ~ndacorl. 2. Judgement: · '. goc~ t~ penford u~deg general supervision v~b so~ ~ndependence ~be plantin8 and execuc~o~ DE E~e~d ~nspecclons and su~e~s~ ~nvesc~SaCtons and en[orce~enc acolytes. Ju~seme~c ~s also'exegcZsed the preparation of co~rebens~ve cecbntcal reports, ~ncegpre~a~on DE ~nZo~rton and data, the deve]opment DE read,al reco~endac~o~s and .. when representing ~he ministry ac public and municipal ~eCinSs, and beEore cbc courts and o~her'quast Judicial bogies. EHec~lve Dale Issued Page 5 o! 12 September 1, 1987 July 5. 1988 , 18 Io~ posf~Lous jud&~enC is exerc/sed'vben: evaluacLu& ~l~brac~ e~d s~ict~S tussauds e~ equ~uc/~usu~ Ippropria~e clef'nup icCSo~ lc op~lls/fnLCfiC~n~ snd/or rec~ndiuf appfopr/e~e bye:been d~s~overed. Persuasivene~s fnd Mcure Jud~eMnc ire requfre~ o[[~c~als on contentious fssues. 3. lccouutlblltt : ~e Xuc~benc ~s d~reccl7 eccouu~ible for: collec~L~ c~le~e e~d , occurace ce~nfcfl iefo~c~ou/lnce~recin~ ind u~flizl~ ~acbered co ~leMnc correc~fve p~edures/lufClatfu& euforc~hc ac~XvXCT/mLu~il~in~ 8ud operl~/~ c~l~ equXpMn~ Ln a~or~n~e rich le&lsli~lou or established iluXs~ pract$ce and precedents. m~nis~ or o~ers ind In loss of ~e ~Inisc~'s credibility pres~lse. ~u~cipal of[LC'~iIs, consul~in~s develo;ers, concFlc~ors, heal~? o/[fcii~s, ~r&e~y response personnel, o~heF ~roviucLil and Federal' f&e~es and elbc~ed~ offlcLels. ~ncoccs ire for cbc pu~ses ezc~pgin~ Lnfo~Cion, f~vin~ te~ulc~l odvice, m~n~ rec~n~cions, , respoudtnz ~o cou~lnsencies, ~eyeloptnA orders, and enfoFcLu~ prov/nci81 le~sloc~ou. ~ fnc~b~nc of f refill7 represeucs cbc uXuXsC~ in ~11 [ contacts aud.M~ be required ~o appear as a mtnts~ vicness at' hearXn~s and in courts ~f lev ~nd to provide lnfo~ton ac publfc Metings. [ September 1,. 1987 July 5, 1988 6 of 12 1'bLs class covers positions of. employees vho, ts eddi~lqn to the responsibilities described in the tnvironnental Officer 3 standard, exercise advanced responsibilities ·cross a range of several"~reas Ln the environmental ~nd. pollutio~ control field.." ~ Tbey'my function as group leaders p~oviding technical direction, co-ordinating and revieving the staff activities, e~stgning and evaluating technical york, and instructing in technical tFainin~programs. Also, in a group leader role, ~hey nay participate as a technical advisor au selec~i6n board· and in the performance management pz~ess by.perfo~in~ such duties as advising on trlin/ng and cer~/ffco~iou courses and York objectives, and my be responsible ~o: recomendins ~he purchase o~ speciilized ~uitoriug eqvipMn~ iud the selection o~ appropriate sites; ~he7 MI be recognized'sen/or enviro~n~81 officers vho hive the ibiliw lnd vide varieW of experience to guuc~/on independently end Co ess~ sfgnfgicauC responsibilicT. ~e7 viii exercise Jud~e~nC and Initiative to iden~if~ and resolve co, lex and contentious p~oble~; OR In ~be advanced ~nvesciSa~lon and en(oFceMn~ function the7 m~ per/o~ lc an en~ l~vel Ln vhich ~he7 gain training and ~erience in bo~b fields. ~e co~ensab'le factors a~ this level are Wpl~lly reflected es foll~s: 1. Enovledae: York requires the technical expertise, flexibl~Lt! ·nd depth of background to deml independently vith · vide variety of unpredictable enviroa~en~al problens, vbere the individual*s knovledge my be the omit i~nedt·te guide reaction.' Demonstrated leadership, conx~unication s~tlls and a good knowledge of I vide voriec7 Of enviro~nc~l and reii~ed legislicion iud regvla~/ons ire essential, in s~ positions vhich deal -' vl~' ~nscr~ntation a proven t~hnicil prof~c~euc~ Is required. 2. Jud~nc: .. Vork'is per[o~d un,er miniml supe~ls~on. JudgeMnc is em~lo~ed co co~rdino~e the necessar~ h~n, Mcerill ·nd/or info--Clan resources and co orEanize s~udies, su~eys, lnvescSSocions of co~leincs or tnspeccSons independencl~, referrin~ CO svpe~sors gal7 tn event of. very unvsvll cfrc~sca~ces, and Co advise on prosr'ess. Judge~nc is exercised i~ app17ing general ~ech~Jca] principles to ney' problems ~hich do nec respond ~o preceden~ or established practice and ~en representing the miniscr2 at public ~ec~ngs., hearings or Ln dealings rich ~d~o. In so~ positions ~udgement is ~Iso required rhea: race--riding appropria~e clean-up action a~ spills/consider~,s reco~mda~ions for legal oc'~lon/Incerpre~t~i ie~fslf~lon/reviewing reports amd reco~nda~fons of o~her ~echnical $~iff. Date l~sue~ I Page J September 1. 1987 July ~, 1988 ? of 12 , TECIO(Icai $£RYZCE$I ~ TS- O~/ uP'$OU~,CE:$ Str~POZT KI~I ~Oh'HF.~ TAL OFFIC£~ 61506 " J ,, Officer & ;' Accountability: These positions are fully accountable for independent completion of c~iex york, for the technical guidance and coordination of actions of ocher assigned ~caff, for the.~echnical accuracy and quality of dace collected or produced and for:~conprehens/ve technical reports vitht! recom~ndations as a result, of their decision on necessary infomation, for fo'ru~c and content of reports and mppropriateness of reco~neud~ scions; and tn so~ posiclons:-for cbc purchase, installation and MLntenance of complez ~nitortns equLpmnt. Re~r[s ire suitable for distribution outside the einisc~ after only 8enerll reviev b7 ~e" supe~isor., Inappropriate technicians, could result tn s~ loss ~o ~be mtnl. s~W or others tnd in loss of the mLuls~*s credibility 8nd pres~ise. ~. ~ncaccs: York involves a ~fde vir~e~ of con~iuuins COn,ac'Cs rich sove~ncal and industrial officials aC ~e operational0 cechul~l,professfo~l and Mna~eMnc level , elected officials, seneral public, cbe consultants, de~ lopers, con~raccors, health officials, technical,' scientific and ~tneer~n$ of Iiciils of Cbt uinisCU, ocher provincial ministries, the ~ve~nC of ~nada tnd lnce~actonal asencies. ~e coat'cs are. for ~be purpose of exchen~lns infomcfon, advice, publishtuS interpretative dace, Mkin~ rec~ndaCtons, plannin$ co~pe~a~ive s~v~les, oF en~orcins regulations. ~eyuy be Siva evidence on technical ~ccers oF Co appear as an expert vicneSs before a~nis~Factve, tribunals such as the EnvlFo~ncal AssessMuc Board s court~ of l~v. ~ey ~y ~ reqvfred to ~k~ presen~a~fons .. pub,.lc'Me,lugs pr represent the mtntsCW on citizens* liaison c~tccees. Iu MI concocts, ~he e~ioyee officially represents ~he ministry. ! El'fectlve Dale lssue<l J Page Of 12 8 T~C~LtlICAL $£~¥1C~$ TS-O? E~SOU~C~$ SUPPORT ~ , Cla~ Code Series E.~V~Oh'~.I~TA~ OFTIC~ 61~8 ~I~~ O~ ~ ~is class covers posttion~ of e~loyees vbo, actin~ at a ~ l~ve~ a~ p~n i~leuencf~ion co~rdfnntoFs, have direct responsibility for c~rdlna~inK~aCtivf~s of bri~h and/or regional personnel as they relate ~o ~he approp~ia~ program area ~acc as ~.si~ni~ed specialis~s for br~ OF r~s (bach pro~ram implementation co~rdinator~ and desi~na~ed specl~ fu~n iu · sped~al~y area vtchin ~nlci~ll or iudus~rtl'l solid vis,e/liquid vis,e/emission cofi~rol/conplex assessuen~ su~eys) Ol ac~ as officers in ~he ~iga~ion and:enforcement function vbo ~s~ Mk~dectstons independently, v~ln& on~y {heir knbvled~e~ skills and experience as guides in such Miters aS collecC~n~ and 8n~lyztn~ evidence such as financial records/company books/ veybtlls, gathering intelligence on violators and preparini and assisting ministry lawers rich prosecutions. ~e co~ensable factors ac Chis level are C~lcally reflected as follovs: I.' ~ovledgec In sane positions, employees vould have proven leadership, orsanizaclonal, co~nlcaclve'and project MuageMnt abilities. In ocher positions, ~Ioyees vail bt required co have extensive knovled~e of envfro~encal ~nvescl~aclon an~ enforceMnc procedures oF proven technical knovledge such that the e~lo~te,.is recognized as an expert fn'a specific field. A thorough knovled$e of i vide range of euviro~encal lesislaciou, regulations, and policies as yell as a yacking knovledge of related legislation and regulations Is also Mndaco~. 2. Jud'~eMnc: Vork ts'Perfo~d under 'general direction. Judgeuen~ and tact are essential to co~rdinace the necessaw h~n and/oF lufomCion resources and co design and organiz~ brsuch/re~fonal studies, su~eys, investigations vfch nintm~ ~nPUC frae supe~tsors. Perfo~fng as a specialist, a ver~ h~gh level of ~ud~eeenc is necessaw s~nce Cbc person My be the prime uinfscw representative dealins rich lnduscw, ~nicipalitSes or consultants and ~y develop options independently and present cheo co a client Stoup. A~ enviro~encal investigators, Jud~e~nc Is required co appropriate legal action. Jud8eMuC Is also required vhen collecting evidence/Caking scarenencs/obse~tng rules of evide~e/preparln~ and se~ln8 legal docu~ncs. ~s E.qVIIoN~F..NTAL OF~ICE~ C~8ss Co~0 3. Account~b/ll~y:] :" Iu positions el~loceced ~o ~his level, e~lozees 8re full7 iccouncoble for: co~rd/nition o~ prosr,o end stiff/decisions Mde vitb respect to involvin& ireis~of expertise/prepirotion iud reviev~f reports/prepirstiou end execution o~ prosecution pockeses, lneppropriite~reco~nde~iOus/ inadequate techhic81 findin&s or Luconple~e doc~en~ion of evidence could result la considerable fininciel losses to th~ uinis~ end.to ocher p. rties end loss of cbe uintstW's credibil/c7 end ~restise. ~e vork lnvolvts · vide varlet7 of coutinutnS concocts vlch $oveF~en~..l end lndustrill ~fficials/ec cbe operational, technical, professional end unaleMu~ levees/court and other enforcement e~enclts/elected ~be senerel public, the medif, consultants, developers, contractors/health officials end t~chnic, l, scientific and ensineerin~ officials of the uluis~r7, other provl~l,l ministries, the ~ve~ut of ~nodl international fsencies. ' ~e contacts ar for the purposes of ezcbanstns lnfomclon, prov~dins advice and direction, discussins Co, lex technical ~ccers vicb experts publishinS interpretive data, MkinS recomendacions, plannin~ co-opera,ire sc~dfes such os resetrcb pro~ec~s funded b~ ~he minis:~rZ en;orcin~ regulations. ~~be coiled to ~evidence on technical ~ters or co ~ear os 8n exper~ vl~ness before o~~rotive tribunals Such aS tb~ Eg~ir°~ntal AssessMnt Boa~d or a court of lay. Tbe~ My be required to make presentations sC public matings. In all concocts, the -- e~loyee officially represents the Contacts: 1'be york involves I vide variety of couCinvin$ contacts vfth governmental and industrial officials at the operational, technical, professional and management l~vels/elected officials, the seneral public, the media, consultants, developers, contractors/health officials and technical, scientific and engtneerint officials of chis minfstz'y, other provincial ministries, ~be GoVernment 'of Canada and international asencies. The. contacts are for the purpose of exchanging information, givins advice, discuss~ng complez technical matters vftb experts from outsfde agencies, publishing .ln~erpre~acive data, making reconnendations, planning co-operative studies such aa research pro~ects'f~nded by thcs -enforcing regulations. They s~y be called to give evidence on technical mat~ers or to appear as an expert vitness before actminfstrative trfbunal~ such as the ~nv~ron~ental Assessment Board or s court of lay. They nay be --required to make presentations at public meetings. In all contacts, the employee officially represents the minis~ry. · <=live Date I~sue<l Page S ~tember 1., 1987 Jul~ S, ~988