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HomeMy WebLinkAbout1989-1228.Campbell.90-06-12- ' . ONTARIO EMPLOYYZS DE LA COURONNE CROWN EMPLOYEES DE L 'ONTARIO GRIEYANCE C~OMMiSSlON DE ,. SETTLEMENT REGLEMENT '*~' ' BOARD DES GRIEFS 180 DUNOA$ STREE?' WEST, SUITE 2~00, TORONTO, ONTARIO. IVI5G ?Z8 TELEt:'HONE/T~L~PHONE' (4 ~6,~ 326-1388 1BO, RUE E)tJNDA$ OIJEST, BUREAU 2100, TORONTO (ONTARIO). M5G 1ZB FACSIMiLE/TEL~.COP]E : (4~'5) 326-~396 i228/89 IN THE MATTER OF A/~ ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN: OPSEU (Campbell) Grievor - and - The Crown in Right of Ontario (Min'istry of Natural Resources) Empl 0ye r - and - BEFORE: M.R. Gorsky Vice-Chairperson J. Carruthers Member A. Stapleton Member FOR THE K. Whitaker GRIEVOR: Counsel Ryder, Whitaker, Wright & Chapman Barristers & Solicitors FOR THE R. Little EMPLOYER: Counsel Hicks Morley Hamilton Stewart Storie Barristers & Solicitors HKARING: March 9, 1990 DECISION The Grievor, Malcolm Campbell, holds the position title, Petroleum Resources Lab Technician and is classified as a Technician 2, Physical Lab (atypical) (See appendix "A"). He is employed by the Ministry of Natural Resources in the Petroleum Resources Section at 659 Exeter Road, London, Ontario. On August 1, 1989, he filed a grievance claiming that he had been improperly classified and he seeks an order that the Ministry place him-in an appropriate classification or create a classification which properly· describeS the duties and responsibilities of his position. Counsel for the Grievor indicated that he was seeking retroactivity to a period 20 days prior to the filing of the grievance as those da~s are calculated for the purposes of Article 27 of'the Collective Agreement. The Position Specification & Class Allocation for the. Grievor (Exhibit #3)'provides: "2. Purpose of position (why does this position exist?) To assume responsibility for the operation and maintenance of the sedimentary and petroleum geology sample and core repository. 3. Duties and related tasks (what is employee required to do, how and why? .Indicate percentage of time spent on each duty) 1. -Operates repository by performing tasks, such as: a. receiving drill cutting samples from all wells drilled under authority of The Petroleum Resources Act, 1971; b. sorting, .washing, drying and bottling all samples in conveyor type machine; c. storing and cataloguing all samples; d. receiving core from all wells drilled under authority of The Petroleum Resources Act, 1971; e. slabbing, boxing, storing and cataloguing all cores; 65% f. crushing of core residue and bottling, coding and cataloguing as required; g. retrieving samples and core from storage and delivering to examination room on request of scientific personnel from Government and Industry and ensuring confidentiality of samples and cores when deemed necessary, (includes storing and retrieving core from repository site other than Petroleum Resources Lab); h. cutting, polishing, labelling, cataloguing and displaying rocks and samples obtained by the geologists or arranging to have this done by private industry;. i. arranges for vehicle for retrieving core at new storage locations other than the Petroleum Resources Lab; 2. Maintains repository by performing Such tasks, as: · a. examining all equipment and facilities for proper operation and safety standards and where required, having equipment'repaired; b. keeping records of all samples and core and their disposition in repository; 15% c. purchasing supplies and'equipment as required, including sample trays, glass vials, core boxes, tapes and miscellaneous materials, shelving, saw blades, saws, polishing eqUipment, etc.; d. preparing required reports on status of all samples and cores; e. keeping computer core index (by location and age) up-to-date and correct; f. ensuring core boxes are properly labelled with well name, location, core #, cored interval and box sequence #; g. estimating the amount of money required in order that the sample, repository (warehouse) will function properly and preparing a form 1 annually for submission to the Chief Geologist; h. assisting Chief Geologist to have core delivered or removed from the !ab; i. unloading or loading of core from vehicles to or from the lab. 3. PERFORMS OTHER DUTIES SUCH AS: a. assisting geologists in assimilation of certain well data, e.g. preparation of detailed maps and various types of structural and stratigraphic cross sections; b. maintaining a current update of base maps showing current drilling locations and final' results obtained; c. assisting in the training of unclassified technicians; d. monitoring the performance of unclassified technicians and reporting any problems to supervisor; 20% e. as assigned; f. responsible for cash receipts, Petty Cash,' administrative and maintainence of lab; g. assisting in calenderization and status of Petroleum Resources funds; h. assisting public and industry with well information from files, etc. i. as assigned. 4. ~ Skills and knowledge required to perform job at full working level. (Indicate mandatory credentials or licences, if applicable) Valid MTO driver's licence. Physical ability to lift heavy core boxes. Ability to organize a core storage laboratory. Some knowledge of machine operation. Ability to work with a minimum of supervision. Good knowledge of Ministry purchasing procedures. Ability to absorb scientific terminology as related to the position. Good knowledge of arithmetic and physics. 'Ability to communicate both orally and in writing. Knowledge or experience in the use of computer terminals. With one exception~ the parties agreed that the position specification is accurate and properly describes the Grievor's duties and responsibilities. They agreed that the Grievor is not responsible for the ongoing maintenance and operation of the office, but is responsible for the core repository only. The Preamble to the Physical Laboratory Technician Class Series is as follows: "Kinds of Work Covered~ Positions covered by this class series provide a technical service to the engineering and scientific professions in a variety of physical laboratories throughout the service. Incumbents of position in this class series perform or supervise the performance of a variety of tests and procedures involving the determination of the strength, durability, composition and physical 'characteristics of a variety of materials. Ail testing requires careful attention and accuracy of 'a high order and is undertaken to provide a technical service to a government department or to industry, for the purpose of quality control and/or research. Class Allocations and Definition of Terms These positions encompass a wide range of technical duties and technical complexity; technical competence and the supervision of subordinate staff are aspects to be considered in the allocation of. positions. Supervision of other Technicians or other laboratory staff is usually the governing factor in all allocations to class levels above Technician 2. The tests~performed are classified into three categories of 'simPle' 'standard' and 'difficult'. 'Simiple' tests are those which do not require exceptional skills, knowledge or judgment in their performance because the methods are fully prescribed, the manipulations are not difficult and the results are readily recognized. ~Such tests are learned after brief instructional training and the employee's performance improves as manipulative skills and familiarity with the work processes are acquired through experience. 'Standard' tests are those where methods are fully Prescribed but some elementary judgments are required in determining causes of deviations from anticipated results; supervision is not closely applied except where new procedures are used or problems are encountered. 'Difficult' tests are those which require a series of steps ~in their performance according to prescribed procedures; the use of sensitive equipment; the exercise of some judgment in the selection of alternatives and variations in procedures; and the detailed and accurate recording of observations and results. Positions involving the performance of a number of standard tests would normally be allocated to the Technician 2 level. Positions in which incumbents have responsibilities for a specific test area dn have line supervision over a few subordinates would be allocated to the Technician 3 level, in some cases where an employee is engaged in difficult testing related to research or development projects, the position would also be allocated to Technician 3. Both demonstrated supervisory and specialist technological abilities play an important part in the allocations to Technician 4 and 5 levels. Incumbents in positions. classified as Technician 5 are responsible for a major testing program and supervise a large staff through a number of subordinate supervisors. In most cases incumbents of positions classified as Technician 5 are performing at the professional level and such allocations may be due solely to the lack of qualified professional staff." The position taken on behalf of the Grievor was that: "The duties performed by the grievor do not correspond to the class standard of Physical Laboratory Technician 2, nor generally to the Physical Laboratory Technician series. The series contemplates positions which provide services in the nature of testing, conducted within laboratories. These services are provided to the engineering and scientific professions. The preamble to the series identifies the performance of tests as the principle task contemplated by the series. The type fo testing performed is broken down into 'simple', 'standard' and 'difficult', these three categories being important in distinguising between different levels in the series. The class standard for the Technician 2, further emphasizes the 'testing' component of the job. Testing operations are contemplated, pursuant to established routines and procedures. The complexity of testing is in the 'standard' range. As the position specification makes clear, the grievor does not perform any testing of materials. The grievor does not work in a laboratory or generally perform techniques which are of service to the engineering and scientific professions. It is not possible to evaluate the level of testing complexity and the terms 'simple', 'standard' and 'difficult' have no relevance to the tasks performed by the grievor." The position of the Employer was that: "1. Position specification - agree, except grievor is not -responsible for the ongoing maintenance and operation of the office; but, rather for the core respository only. 2. Class Standards - The duties performed by the grievor fit best in the Physical Labouratory Technician Class Series at the Technician~2, Physical Laboratory level. The Preamble to the Series indicates that it covers positions which provide a service to the engineering and-scientific professions in a variety of physical laboratories throughout the service. The grievor's position fits this by virtue of providing the service of operating and maintaining the sedimentary and petroleum geology sample and core repository in the Ministry Provincial Petroleum Laboratory. These services are provided, to the scientific profession, specifically ~inistry and Petroleum industry geologists, engaged in geological research. While the.position does not involve physical testing per se, it does include the performance of a variety of operations and procedures analogous to those envisaged in the preamble, involving the determination of the composition and physical characteristics of materials i.e. physically inspecting rock samples to identify the presence of salt and hydrocarbons. Further, as in the Preamble, the grievor's responsibilities respecting the operation and maintenance of the repository require careful attention and accuracy of a high order undertaken to provide technical service to the Ministry and the Petroleum industry for the purposes of geological research. In fact, carelessness resulting, for example in mixing up of core samples can lead to invalid geological analyses by professional geologists and wastage of large sums of money through industry relying on erroneous information. The class for Technician 1, Physical Laboratory was not chosen, since it is an entry and training level for employees who work under close supervision and does not fit the grievor's position which requires a fully trained employee who works under general supervision. The duties carried out by the grievor generally fit those contemplated by the Technician 2, Physical Laboratory class standard. That is the standard covers positions that perform a variety of standard tests or procedures involving the utilization of a number of standard techniques, manipulative skills, judgement and observational activity. They perform a number of operations following established methods and procedures. This fits the grievor's responsibilities well in that he is responsible for performing a variety of standard procedures in sorting, boxing, c~tologuing, etc. drill core specimens and rock samples. He conducts visual examination of these materials and operates and maintains the standard cutting and washing equipment utilized. The Technician 3, Physical Labouratory class standard was reviewed as well and discarded, since it encompasses supervisory positions or those involving difficult, specialized tests and the grievor's position~does not include either of these responsibilities. 3. A review was undertaken of other Class Series in an effort to identify one that fit the grievor's job responsibilities better. This review was in vain. For example, the Manual Worker Class Definition covers positions that perform a variety of unskilled manual tasks, assisting technicians or tradesmen, under class supervision etc., they unlad and stockpile construction materials, operate hand trucks, etc.' The fit with the grievor's duties is, at best, superficial, and even if this class was a better fit than Technician 2 Physical Lab, the Manual Worker salary.range is lower than the grievors in any event. 4. In conclusion, while not perfect, the Technician 2 Physical Laboratory atypical class is the best fit available, relative to the duties and responsibilities of the position held by the grievor." Counsel for the Union stressed that the class series emphasized core duties in the nature of the performance or supervision of a variety of tests within physical laboratories. That is, the performance of tests represented the principal task contemplated by the series. Counsel for the Grievor also emphasized that the Grievor does not work in a laboratory, does not perform any testing of materials or perform techniques which serve the engineering and scientific professions. He also stressed the fact that the Grievor's work could not be broken down into categories of "simple", "standard" and "difficult". The Union did not take issue with the right of the Employer to classify an employee as atypical, but stated that this could only be done in certain circumstances. Such a designation was said to be appropriate only where there is a significant connection between the core duties of an employee and the core duties contemplated by the class series. In addition there would have to be a reasonable explanation from'the Employer as to why a more appropriate classification was not available or could not be devised. Counsel for the Grievor stated that he could not find an appropriat~ classification for the Grievor which was in existance and was requesting a Berry order. Counsel for the Employer emphasized that this was an atypical position, the Grievor being the only occupant and that no more appropriate classification exists. He stated that the atypical designation must demonstrate the uniqueness of the position, few incumbents and .a connection to the core duties of the class standard. Counsel for the Employer viewed the class definition for~the Technician 2 Physical Laboratory classification as involving procedures which achieve results, and submitted'that this is what the Grievor does and he regarded testing as including the recording 9 of test data and the collection of information and submitted that this function was within the class'definition. The Grievor testified that he has been employed in the Petroleum and Geological repository in London since February of 1976, when he commenced his 'employment as an unclassified employee. He became a classified employee about 1982. The Grievor described the repQsitory as a separate unit within the Ministry office where three employees worked: a part time secretary .who works two days a week; Terry Carter, the Senior Geologist; and the Grievor. The Chief Geologist's position is presently unfilled. The'Grievor reports to Pentti Palonen, the Provincial Petroleum Supervisor, who does not work in the repository, but in the regional office. Petroleum resources is divided into two sections: the repository and the regional office, which sections are separated by a distance of approximately'200 ft. The Grievor stated that he performed his work without instruction. If he encounters a problem and requires assistanCe he might seek it from the Senior Geologist or from an Inspector if could not get the necessary information from the Senior Geologist. He described the main purpose of this position as the preparation and Cataloguing of samples. Without his function the rest of the functions of petroleum resources could not be carried out. The Grievor receives drill cutting samples or drill cores from Ministry Inspectors. The drill cutting samples are in the form of 10 loose gravel and'are packed in bags. Samples are brought in every day and are identified as to the well location and the depth from which a sample was taken. The packing of the samples with the recording of location and depth are not part of the Grievor's responsibilities. Nor is he responsible for determining the composition of the samples by the performance of tests. He sorts the samples in accordance with the depth of the area from whence the samples were taken. The samples are washed on a conveyor, belt and impurities removed and are then placed in a metal container. A very small amount of the sample is washed and dried by a heating element and placed in a small glass vial. The vials are then placed on cardboard trays and these are put onto wooden trays, The wooden trays are then placed in a cabinet and are numbered. Each vial is marked according to its well source. Therefore, each well sample will have the same number. Each vial will also have recorded the depth from which the sample was taken marked on it. 'The file system maintained by the Grievor provides information concerning the organization of the samples and as well as information with respect to each well, there being a seperate file for each well. In each file respecting a well there is a record of information concerning samples catalogued and stored. By resorting to a file for a well, it can be determined where a sample is stored, Updated information with respect to a well will be placed in the well file. The Grievor is the person resorted to where information with respect to a sample is being sought. 11 It is not part of the Grievor's responsibility to identify such matters as salt or hydrocarbons in a sample. He uses no test equipment to determine if a sample is salt or shale. The samples are identified by the Geologist. The Grievor stated that where a sample is put through the washing procedures that he follows, salt would disappear. Accordingly, when looking at a sample, and being satisfied on a visual inspection that it might contain salt, he will taste it so as to avoid removing the salt.through the washing process. In such case, he will use less water in the washing process. The Grievor emphasized.that he is not responsible for identifying the physical characteristics of a sample except in the limited manner above described. The Grievor differentiated the drill cutting samples, which are received in bags in a gravel-like form, from the core samples which are solid rock, being four inches in diameter. These core samples are cut into slabs with a concrete or cement saw. The Grievor performs the cutting operation as soon aS the cores are received. The Grievor stated that most of his time is. involved with the aspect of his job relating to cutting samples and that he is very infrequently involved with core samples. He described the boxing of core samples as involving his placing the samples, which have'been cut, in boxes. The core is identified as to well and depth before delivery to the Grievor. He is not responsible for determining the composition or physical characteristics of the core but only for maintaining a re~ord of 12 the physical continuity of the chunks of core,received by him. After the Grievor has placed the core samples in boxes, they are numbered in sequence. The information on the box shows the depth of the particular piece of core in the box and the well from which it was taken. There is a filing system with ~espect to drill core samples, similar to the one maintained for drill cutting samples and a separate index is maintained for core samples similar to that maintained for cutting samples. The Grievor operates a crushing machine to crush core residue which he operates once or twice a .year. He then bottles cores and catalogues the crushed sample. Although counsel for the parties agreed as'to the accuracy of the position specification and class allocation form, except as above noted, the Grievor testified that he does not retrieve samples of core from storage for delivery to the examination room on request of scientific personal from government and industry. He stated that the examination room is open to the public and persons are told how to use the system and are responsible for obtaining samples and other information and replacing items they have taken. The only other assistance furnished by the Grievor is in putting back files. Mr. Palonen testified on behalf of the Employer. Mr. Palonen has been the Provincial Petroleum Supervisor since 1982. Prior to 1982 he was the Chief Geologist for two years. Mr. Palonen testified that the operator of a well is required to submit chip or core samples to the Petroleum Resources 13 Laboratory by the Petroleum Resources Act. Chip samples contain three metres of'material and core samples are continuous. Although the operator is required to submit the sample, this function is often performed by the Inspector. The process permits geologists to conduct various kinds of research. The chip samples enable a geologist to correlate the formation of rock boundaries. The geologist will move from well to well and try to decide whether the rock formations are contact, flat or unusual. Geologist look for unusual formations, where the contacts are up or down or changing, as this will be the most likely site for an oil or ~as reservoir. The samples are used for this purpose. If the core or other samples are mixed up or in the wrong order, the geologist will not be able to carry out his function accurately. The cost in picking the wrong spot for drilling a well can be anywhere from a quarter to half a million dollars. Mr. Palonen described geologists are using microscopes and fluoroscopes in analyzing the samples. Mr. Palonen acknowledged that the bulk of the work performed by the Grievor relates to the preparation and storage of Samples by well and depth, and he agreed that the information used by the Grievor is obtained from others and is written on the original material. Counsel for the Employer focused on the word "procedure", as differentiated from the word "test" and relied on the procedures followed by the Grievor as falling sufficiently within the kinds of work covered by the preamble to the class series and on the word "procedures" in the class definition. In the case before us, the Grievor is said to be involved in carrying out standard procedures and standard techniques in the cutting, washing and sorting of samples. The Grievor is involved in carrying out certain manipulative skills and has to exercise judgment and observational accuity. Specific reference was made to his examination of samples for salt and shale. ~ Reference was made to the Grievor being required to maintain test equipment, recording the data which he catalogues and placing it (the raw data) in a particular order, the core and other samples not being in a useable form when they come in to him. It is up to the Grievor to put them in a useable form for geologists and other persons, in the manner above described. Counsel for the Employer referred to the definition of tests found in the dictionary, canadian English - The Gage Canadian Dictionary. Part of the definition referred to states: "... in chemistry: a. an examination of a substance to see what it is or what it contains, b. a process or substance used in such an examination." Counsel for the Employer relied on the portion of the definition lettered b. The~work of the Grievor was said to be part of the test in that it represented a necessary process to enable the samples to be interpreted for the purposes of the geologists and others. The process included the collection and recording of data, the Grievor being involved in the recording process. Reference' was made to the fact that in the crushing of rocks a graph was prepared and that other technicans took part in this 15 process. This was referred to as the unconfined compression test in the class definition. A one inch piece of rock is placed in a vice and is crushed. The purpose is to find out how much pressure is needed before the sample is crushed. As part of the test, a technican cuts a one inch coil out of a piece of rock places it in a vice and operates the mechanism until the rock is crushed. The vice has a measuring device to measure pressure and a graph is created which is interpreted by a structural or mining engineer. The asphalt test referred to in the class definition is conducted on a core or piece of asphalt which is placed in a vice to see how much pressure it will Stand before it "creeps". Creeping is a term used to designate the point when the asphalt will start to flow. A graph is created which shows the extent of "creep". As in the case Of the unconfined compression test, the results are interpreted by an engineer. In this case a structural or civil ~ngingeer. ~ The kerosene equivalency test is one that is conducted by a technician who adds the material to a test tube. containing kerosene and water. This is placed in a centrifuge . Because of the difference in the density of the material, it will separate and the technician weighs the amount of the different components in the sample and the results are recorded on a chart showing the sample numbers. The results are given to a geologist or geological engineer who performs tests for mineral components. Testing for mineral components is usually not done by a technician. 16 Reference was also made by Mr..Palonen to the tensile test of wire rope, referred to in the class definition. There, the technician unravels the ends of a 10 ft. length of rope. The ends are cast in metal cones and the cones are placed in a vice. As the apparatus operates, a graph is generated. The technician measures the amount of stress applied to the rope as it is being pulled. The technician removes the ends of the rope from the vice and this is thrown away. The tensile test of wire rope is performed for such purposes as.testing wire rope used to lower mine cages. Mr. Palonen described the four tests referred to as investigatory: to answer questions about some substance or material. He described the technician's responsibility as relating, for the most part, to preparing data for someone else to evaluate. The duties and responsibilities of the Greivor, in part, do provide a technical service to' the engineering and scientific professions in a physicial laboratory. The information furnished by the Grievor is of use to engineers, geologists and others. Some of that information is used in a laboratory where microscopes and fluoroscopes are employed. The Grievor performs a variety of standard procedures involving, if not the utilization of a number of st~nd~rd techniques, then clearly manipul~tiue skills, judgment and observational acuity, as is referred to in the first sentence of the class definition. The Grievor performs a number of operations following established methods and procedures in dealing with the various samples. I feel, however, that it would be 17 stretching things to regard the Grievor as being involved in test assignments,, and the evidence disclosed that he was for all practical purposes unsupervised as to adherence to instructions, accuracy and procedure and was not supervised on assignments which depart from normal tests performed. He conducts visual not instrumental examination of material, and he does not maintain but does operate certain standard equipment. As I have not found that the Grievor performed tests, I.cannot regard his recording of data as the recording of test data. He does not perform medical calculation using standard tables and formulae to present data in a specified form (e.g. graphically, tabular, etc.). The principal argument made on behalf of the Employer was that there was. a conceptual similarity between the' duties and responsibilities Of the Grievor and the duties and responsibilities set out in the class standard of the Technician 2, Physical Laborgtory. While the Grievor did not assist in the training of Junior Technicians, he did train summer and co-op students. In the case of Kelusky et al. and The Ministry of Transportation (1098/86) (Wilson), the Board stated at p.10: "I am of the opinion that while the Berry decision may not have invalidated atypical classifications, the Board given its , clear .mandate to direct that a new classificaiton be established when it is satisfied that a grievor is improperly classified must inssit that an atypical classification, not vary widely in its core features, from the archetype of the classification. In our case, on the evidence it is clear that the grievors do an entirely different job from that described in the class definiton. Even the Ministry's principal expert witness on classification, Henderson,' said under oath they did not fit. Indged, according to the testimony of the representative grievor, his work is not that of a photogrammestrist at all - his work is entirely different. I am satisfied that the facts support that testimony. A photogrammestrist makes photographic plans. He does not do that. I do not even see an analogy here. In the Lowman decision, Vice-Chairperson-Saltman wrote at page 10: 'although on a superficial reading, the job of Regional Remote Sensing Supervisor would appear to be described within the Photogrammestrist class standard, such a reading fails to recognize the essential distinction between photogrammetry (which refers in general terms to the process of obtaining precise measurements, including maps, from aerial photography)'and'remote sensing which deals with interpretation thereof). In view of this distinction, the conclusion is inescapable that the job of Regional Remote Sensing Supervisor is inadequately dealt with Within the Photogrammestrist class series.'" In King et al. 2028/86 (R. J. Roberts), the majority of the Board stated at pp.5 and 6: Since Berry, this Board has consistently held that it remained possible for the Ministry atypically to classify a position. See Re Berry and Alcampo and Ministry of Community and Social Services (1988), G.S.B. #217/83, 218/83, at p. 16 (Verity); Re Union Grievance and Ministry of Transportation and Communications (1989), G.S.B. #1642/85 (v), at p. 22 (Verity). In other words, the Board recognizes that its power to require the Ministry to create a classification must be exercised reasonably and, in certain circumstances, it may be reasonable to refuse to direct the Employer to create a classification for some positions. We can imagine that it might be reasonable to allow an atypical allocation to stand where the position in question is unusual, in the sense of being occupied by only a few incumbents. It might well be unreasonable to expect the Ministry to. proliferate classifications for such individuals like so many rabbits in a warren. Its, indeed, would be unreasonable to make an order which would have the effect of 'gridlocking' what might seem to be an already overburdened classification system. But that, of course, is not the present case. Here, we see no reason why we should not issue'an order directing the Employer to find or create a proper classification for the position occupied by the grievors. We agree with the submission of the Union that it is irrelevant whether among · existing classification, the classification of Social Worker 2 is the 'best fit.' It is still a misfit, and a misfit by a significant margin. Accordingly, we declare that the grievors are improperly classified and we direct the Ministry to create a proper classification for them." In McCaule¥ et al. and Truchon et al. 93/88 etc., the Board stated at p.10: "While we recognize that in certain cases it may be appropriate for the employer to classify the employee using an atypical designation, we do not think it is applicable in this case because there is a very significant departure between the Class Definition and the Position Specification." In Kuntz, 85/89 (Verity), the Board stated at p.10: 'In the instant matter, the Board finds that the grievor is misclassified in his current classification. On the evidence adduced, the grievor's actual duties' and responsibilities greatly exceed those contemplated in the Services Supervisor 2 class standard. Clearly, Mr. Kuntz has no direct involvement in either the mechanical or electrical. disciplines. He performs as the roof systems expert for the Ministry - a position that appears to be unique within the Ontario Public Service. His territorial jurisdiction is Provincial in scope and his expertise if far broader and effects a different constituency than contemplated by the current cIass standard. In addition, a substantial component of the grievor's job is associated with research and development duties - a fact which is simply not reflected in the present classification.'" On the facts of this case, it is clear .that the core duties of the Grievor, taking up the majority of his time, relate to receiving various samples and preparing them for storage and maintaining a filing system so that they can be located for use by others. He carries out a number of procedures, none of which can realistically be regarded as testing. The fact that his work provides a technical service to the engineering and scientific profession is insufficient to.bring the Grievor Within the Physical Laboratory Technican Class Series. He performs procedures, but these are neither tests, nor are they similar to the kind of tests 20 referred to in the Technican 2, Physical Laboratory Class Definition. When one examines the Preamble and the Class Definition -(Exhibit #2), it is evident that the thrust of the Class Series and of the Class Definition for the Technician 2, Physical Laboratory, is the conduct of tests, "simple", "standard" and "difficult". 'Those tests speak of results. The Grievor may carry out certain procedures, but this would be a common feature of just about any position. The fact is, the work performed by the Grievor has little to do with "anticipated results." I agree with the conclusion of the Board in the Kinq case, at p.5-6 that while " ... among existing classifications, the classification [is the 'best fit']. It is still a misfit, and a misfit by a significant margin." While the word "procedure" is found in the Preamble and Class Definition for the Technician 2, Physical Laboratory, a reading of the preamble and Class Definition in its entirity makes it clear that positions within the Class Series are testing positions. The Technician 1, Physical Laboratory Class Definition provides that it is: " ... the entry and training level for employees in Physical Laboratories."' The Class Definition for the Technician 3, Physical Laboritory is a classification which supervises: ' ... a small number of Technicians and/or trainee Technicians and [is] responsible for the operation of the laboratory devoted to routine investigating and testing in a specialized field or a mobile laboratory conducting a number of standard tests in a variety of fields ... '." The Class Definition for the Technician 4 Physicial Laboratory Classifiction provides that employees in the position: " ... are responsible for the operation of a laboratory devoted to investigating and testing in a specialized field .... In addition they may perform the more demanding tests themselves and assist their supervisor in the initiation of new or experimental test techniques. The supervise a number of subordinates in the performance of a variety of difficult tests " The~Class Definition for the Technician 5, Physical Laboratory provides that: "Employees in positions allocated to this class direct a major section of the testing program invOlving the supervision of a number of Technicians through a number of subordinate supervisors. Under the general direction of senior professional supervisors they are responsible for developing the technical aspects of the testing program in their specific filed and for establishing and maintaining the procedures necessary to carry out the program ..... They evaluate test information and interpret test results, drawing conclusions and making recommendations to their supervisor. In most positions, in addition to the technical supervision of laboratory operations, they perform complex evaluative or developmental engineering or scientific studies reqUiring the utilization of a high degree of skill and judgment and the selection and use of reference, sources .... " Viewed in the context of the Class Definitions for the entire series, the significant feature of the series is an involvement in a laboratory in some aspect of a testing program. The fit in this case is still a misfit by a significant margin, making it inappropriate to classify~the Grievor through use of the atypical designation. Accordingly, we declare that the Grievor is improperly classified and we direct the Ministry to create a proper 22 classification for him. This process is to be undertaken without undue delay, however, at this stage we decline to impose a finite time limit. We will retain jurisdiction of the matter pending implementation of this process. After 60 calendar days from the date of issue of this Decision, either party may apply to the Board for an expedited hearing on the matter.of imposing a time limit. D&TED AT Toronto, Ontario this i2th (~ay or,June 1990.