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HomeMy WebLinkAbout1992-0637.Pater.93-03-09 '~. /' ~./ COMMISSION DE REGLEMENT I DES GRIEFS ---. ONTARIO CROWN EMPLOYEES EMPLOYES DE LA COURONNE DE L'ONTARIO ~ ~i;' 1111 GRIEVANCE SETTLEMENT BOARD 180 DUNDAS STREET WEST, SUITE 2100, TORONTO, ONTARIO. M5G lZ8 180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ONTARIO). M5G 1Z8 IN THE HATTER OF AN ARBITRATION Under TELEPHONE/TELEPHONE: (416) 326-1388 FACSIMILE/TELECOPIE: (416) 326-1396 637/92 Before THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Pater) - and - The Crown in Right of ontario '(Ministry of Government services) Grievor Employer, BEFORE: M. Gorsky E. Seymour M. O'Toole Vice-Chairperson Member Member FOR THE UNION H. Sharpe Counsel Gowling, Strathy & Henderson Barristers & Solicitors FOR THE EMPLOYER B. Humphrey Counsel stringer, Brisbin, Humphrey, Barristers & Solicitors HEARING January 12, 1993 '" ~'t- 1 D E CIS ION GRIEVANCE The Grievor, Sylvia Pater, filed a grievance on November 9, 1991, claiming that she was improperly classified as an Agricultural Worker 3, with the position title Plant Servicewoman, and requested that she be "properly classified with full retroactive benefits, wages and interest." AGREED STATEMENT OF FACT The parties ~iled with us an Agreed statement of Fact: 1. The Grievor has been employed in the Public Service since April 1981. 2. At al.l times the Grievor has been classified as an Agricultural Worker 3. 3. Between 1982 and March 1992 the Grievor's duties involved the provision of plant and floral servic~s to offices of senior government officials and certain bureaucrats which were located at approximately 20 different buildings in the downtown core. 4. Since March 1992, the Grievor' s responsibi I i ties have been limited to providing plant and floral services to the main legislative building and to part of the Whitney building. 5. The Grievor's job specification (at Tab 4 of Employer's Document Book) [annexed hereto Appendix 1] accurately reflects the Grievor's duties. the as job 6. Clarification to Job Specification (Re: Duties physically performed by the Grievor). iJ'.. /' -' ~."f' 2 The Grievor spends approximat~ly 50-60 per cent of her time in the following duties: (10-15%) 1) (30-35%) 2) (10-15%) Plants: The identification and filling of plant needs (includes: consulting with client, assessment of appropriate plants, procurement & placement of plants). Floral: providing floral requirements (includes: · consulting on needs · selection and procurement of flowers *.preparation and placement of floral 'arrangements (* includes provision of floral arrangements for special events, receptions, ceremonies, holidays. ) 3) Maintenance of plants and florals · pruning · pest control · fertilizing · diagnosing and addressing plant disease/abnormalities The Grievor directs subordinates classified the provision of plant government legislative Block. the activities of two as Agricultural Worker 1 in and floral services to the building [sic] in Whitney 7. BACKGROUND Paragraph 4 of the Grievor's statement, dated August 10, 1992, states: 4. The class standard for Agricultural Worker 3 does not anticipate that the gr1evor: (a) assists in staff appraisals; (b) provides information to supervisor on staff work performance, training needs, discipline, vacation requests and overtime; " - 3 (c) diagnoses and corrects plant performance conditions; . problems 'relating to and environmental (d) liaises with government officials to determine their horticultural requirements; (e) creates interior horticultural arrangements for special events, high government officials and general use; (f) is required to have specialized knowledge and expertise in order to professionally create interior horticu-ltural arrangements; (g) is required to participate in interior 'horticultural arrangement for more than 50% of her 'work time. (h) conducts plant maintenance work for more than one government building; (i) provides horticultural advice to all the provincial government buildings located in the Queen's Park area; (j) acts for the supervisor 1n his absence; (k) is required to have' a diploma in Ornamental Horticul ture or an acceptable equivalent in related training or work experience; (I) maintains confidentiality when dealing with government officials; (m) loads and unloads shipments of plants requiring good physical conditioning. In response to the above statement, the Employer, 1n paragraph 4 of its undated statement, replied: In reference to the union submission regarding the class standard and the various responsibilities not anticipated, the employer submits the following: ( a) and (b) The classification standard does anticipate responsibilities involving staff supervision by ..... ,4 ,stating "They t~ain, supervise and discipline any assigned subordinates". (c) -) <f) The grievor must have a high degree of knowledge relating to the horticultural field, as contemplatediri the classification standard. <g> The employer submits that this percentage is too high for internal horticultural arrangement (approx 30-35%) I I ( h) and (i) The provision of service is limited to the legislative building and the Whitney Block (j) The employer submits this function is underta~en in the supervisors abs,ence and is not contemplated, nor compensable, in any class standard. (k) The employer, upon review of the job specification, on terms of this credential, no longer' requires this diploma. (I> Every position in the OPS requires a degree of confidentiality commensurate with the oath of office and secrecy. (m) The requirement for physical ability 1S contemplated in the classification standard. 5. The employer disagrees with the union statement regarding the applicability of the classification standard At paragraph 6 of the Grievor' s statement the following statement is made: 6. For the foregoing reasons, the grievor seeks reclassification to a level which acknowledges the skills and abilities exercised by the grievor in the performance of her duties and responsibilities and, in particular~ reflects the magnitude of the projects in which she is involved, as well as the scope of independent judgment and accountability required in the discharge of her responsibilities. 5 Because of the subsequent Agreed Statement of Facts, we rely on the latter document, and the arguments of the parties proceeded on the basis that the agreed statement defined the factual basis for our dealing with the issue. . The class standard for the Agricultural Worker Class Series 1S annexed hereto as Appendix 2. It was agreed that the "clients" referred to in the Grievor's position specification are the persons referred to in paragraph 3 of the ~greed statement offa~ts, being persons involved in the "offices of senior government officials and certain bureaucrats located" at the buildings where the Grievor carries out her duties and responsibilities." THE ISSUE The significant difference between the parties relates to the position of the Union that: (1) The core duties required of an Agricultural Worker 3 involve the growing of things in a number of different places; whereas the Grievor was said to grow nothing. She bought plants, flowers etc. which had been grown elsewhere. (2) The class standard for Agricultural Worker 3 involved an incumbent in outdoors work, whereas the Grievor performed her duties and responsibilities indoors, inside of the buildings referred to in the agreed statement of facts. ( 3 ) The Grievor -. 6 had a sub~tantial core responsibility: the purchase of flowers and the creation and placement of floral arrangements after consultation with clients, which was also said not .to be covered by the Agricultural Worker 3 class standard. POSITION OF THE UNION Counsel for the Union took the following positions: 1. Counsel for the Union referred to the Preamble for the Agricultural Worker Class Series, and noted .that in the broad statement of "agricultural duties" that are related to the series reference is made to "the cultivation of crQPs, beautification and maintenance of grounds and the care of livestock and poultry at Provincial government buildings and institutional or experimental stations and farms." Counsel submitted that the statement: "beautification arid maintenance of grounds" must be seen to relate to outdoor grounds and not the kind of beautification for which the Grievor 1S responsible: (1) Buying flowers from growers, and, after consultation with clients, converting them into floral arrangements and placing them in appropriate places in the case of special events, receptions, ceremonies and holidays. (2) The purchase of plants and florals in consultation with clients, and their placement and maintenance exclusively in an indoors environment. \ .... 7 2. Counsel referred to the definition of agriculture in the Shorter Oxford English dictionary: The science and art of cultivating the soil; including the allied pursuits of gathering the crops and rearing livestock, tillage, husbandry, farming (in the widest sense). . We were asked to regard "agricultural duties," as stated in the section: "Type of Work" 1n the Preamble, as being restricted to outdoor work. Counsel submitted that the Grievor could not be considered to be engaged in farmining or in any of the other "pursuits" there listed. 3. Counsel argu~d that "beautification and maintenance of grounds," as found in the Preamble, referred to grounds in their usual sense, and that this connoted an Qutdoor'setting. 4. In further support of her position, counsel for the Union, referred to the definition of terms section of the preamble, where provincial government buildings are defined as follows: This refers to government buildings situated throughout the .Province 'which are surrounded by less than one hundred acres of property. At these buildings, agricultural workers undertake landscaping and gardening activities. It was argued that, 1n context, the referenGe to provincial government buildings had to do with the performance of outdoors work in relation to those buildings, unless otherwise stated; the reference being to "landscaping and gardening activities"; none of 8 the Grievor' s responsibilities being 1n that ar,ea, although the position specification provided that 5% of her responsibilities involved the performance of "other auxiliary duties as assigned" including "participating 1n grounds maintenance where required." 5. Reference was made to paragraph 1 of the Agricultural Worker 3 Class Definition, and it was submitted that the reference to "agricultural work" must be related to outdoor work, such as work concerning planting and maintaining lawns, flowers, etc. It was again stated that the Griever has.no responsibility for growing plants and flowers, although she has' certain maintenance duties. 6. Reference was made to paragraph 3 of the Agricultural Worker 3 Class Definition, and it was observed that the Grievor was not actually involved in landscaping or gardening operations, although, according to the position specification she could be assigned for a, small percentage of time to participate in ground maintenance. It was submitted that the selection and purchase of the varieties of flowers that might be used in the creation of floral arrangements did not involve the planting of seeds, fertilization, pruning or other kind of maint~nance contemplated by the class standard, nor was the Grievor involved in the direction of the operation of a greenhouse. ~. L 9 7. While it was acknowledged that the Grievor was involved in "watering, cleaning, trimming, fertil izing and control 1 ing pests" as part of her mainten~nce duties, she was said to do so in a different work environmet ,from that contemplated by the class standard. 8. It was submitted that the gr6up leadership provided by the Grievor to the subordinates described 1n the position specification did not capture the essence of her duties and responsibilities, and it was argued that many positions exist where incumbents are responsible for the supervision and training of subordinate workers. 9. It was submitted that there was nothing in the class standard that captured the essence of the Grievor's duties and responsibilities which related to plants and flowers that were already grown, and it was emphasized that she functions within a building and performs no landscaping. Her core functions, as a person responsible for buying flower's that were already grown and turning them into floral arrangements of var10US sizes to de60rate different functions, were likened to those of a florist, who it was suggested, would not usually be considered to be an agricultural worker. She did not grow, farm, garden or engage in any outside growing, functions, including the growing of flowers and crops. ~ r;:~ 10 10. The core function of the Grievor was said to be in the area of aesthetics, where she designs floral arrangements and selects and maintains plants and flowers that have already been grown by others. 11. Reference was also mde to the section of the Preamble of the Agricultural Worker Class Series under the heading "Landscaping": "plant, cultivate and maintain flower gardens, lawns, shrubs and ornamental plants; seed, fertilize, water, mow, roll and rake lawns; prune and trim trees and shrubs; prepare plants and flowers for floral decorations; mix and apply insecticides, fungicides and herbicides." Counsel noted that not only was the emphasis 1n the word "landscaping" on the performance of the work outdoors,. but that reference to "floral deco~ations" did not deal with what the Grievor does in creating floral arrangements. She further noted that throughout the Ministry of Government Services, class standards with respect to employees describe their core functions. We were asked to find that the Agricultural Worker 3 class standard, as explained in the ~reamble, failed to do this in the case of the Grievor. ARGUMENT FOR THE EMPLOYER o The Employer made the following arguments: 1: , .. 11 1. The Employer defined the issue to be decided by us as being whether the totality of the duties and responsibilities of the Grievor fell within the Agricultural Worker Class Series, and specifically within the Agricultural Worker 3 class definition. 2. The principles which were said to govern us in making this determination were said to be found in Berry et al & Alcampo et aI, 217/83, 218/83 (Verity) and in Booth, 192/90 (Low). 3. We were referred to the statements of the Board in the Berry case at p.15: This Panel agrees with Vice-Chairman Samuels' comments at p. 8: While we accept that a encompass all the duties Standard must cover at elements of the job. Class Standard may not invol ved in a job, the least the significant 4. At page 16 of the Berry award the Board stated: In the post Berry era, the Court has made it clear that the Employer has the right and the obligation to properly' classify the employees. In certain circumstances, it may well be that an atypical designation is indeed appropriate! However, for the reasons stated, the Board is not .persuaded that the atypical classification selected in these circumstances is appropriate. Accordingly, we cannot confirm the Employer's selected classification of Clerk 5 General atypical. 5. Counsel referred us to the statement of the Board at p.4 of Booth: o In our view, the issue is not whether those two functions are different from each other but whether the totality of ~ ~ 12 the functions and role carried out by Mr. Booth are so substantially different from that contemplated in the class standard that it can be said that his job does not fall within that described by the standard. 6. Counsel also referred to the statement of the Board at p.9 of Booth: The jurisprudence as to the test which must be met before awarding the Berry order is appropriate is that there must be a substantial variation in either the nature or scope of the duties performed by the grievor from that set out in the class standard, and no other class standard reasonably describes the functions which are carried out by the grievor. 7. It was.submitted that agricultural work encompassed a broader area than was relied upon in the definition cited to us by counsel for the Union, and that the term included more than the growing of things. We were asked to look at the class standard and to gather from it what was ihtended when the terms "agricultural work" or "agricultural duties" were employed. 8. Reference was made to the Preamble to the class standard which was said to regard agricultural duties in an extremely broad manner. We were asked to find that as the Preamble did not specifically restrict the duties to external landscaping, we ought to find that it would include comparable work done ln the interior of buildings. 't.., , .... 13 9. It was submitted that a significant part of the Grievor' s duties and responsibi I i ties, as set out 1n the position specification, were encompassed in the class standard. In particular, reference was made to the maintenance of indoor plants and florals. 10. We were asked to find that the class definition for Agricul tural Worker 3 was drafted 1n such a way as to anticipate a number of variations. Reference was made to paragraphs 3 and 4 of the class definition. We were asked to note that paragraph 3. was drafted so broadly so as to be capable of capturing a variety of positions. We were asked to note, using paragraph 4 as an example, ,that the class definition was drafted in a broad manner so as to capture a number of positions. 11. Paragraph 1 of the class definition was said, by its terms, to o include bot'h interior and exterior agricultural work. The direction of staff was the same whether the work was performed inside or outside of a building, and the work performed was of the same type, involving f lowers and plants; although the frequency of performance might not be the same depending on whether the work was performed inside or outside of a building. In all cases, interior landscaping was said to be merely a subset of agricultural work. ',j 14 12. It was submitted that the expertise brought to the position 1n areas such as identifying requirements and c,onsul ting did not differ depending on the internal or external nature of the work., 13. It was submitted that the creation of floral decorations could be covered by the language of the Preamble llnder "landscaping": "prepare plants and flowers for floral decorations." 14. We were also referred to a number of other job specifications 1n the Agricultural Worker Class Series, which were used in an ,attempt to demonstrate that the Grievor's level of skill was not higher than those referred to, to be gathered from a .reading of the duties and responsibilities contained in those job specifications which were: horticultural supervisor, farm manager, ,greenhouse floorperson, nursery work and plant services foreperson, all of which were classified at the same or at a higher level than the position of the Grievor. In each case, we were asked to find that the position specification contemplated more than the grow1ng of farm crops, shrubs, grass, flowers etc. DISCUSSION 0;. 15 The argument of counsel for the Employer based on the existance of a number of positions classified as being 1n the Agricultural Worker class series, at or higher than the A g r i cu It u r a I W 0 r k e r 3 I eve I, wit h d iff ere n t d uti e san d responsibilities said to be at least as complex as those of the Grievor and calling for at least equal skill, is not relevant to the issue before us. Such an argument may have some relevance 1n the case of a dispute relating to salary. Where, as here, the question is whether the duties and responsibilities of the Grievor fit within the Agricultural Worker Class Series, and specifically within the Agricultural Worker 3 standard, the level of complexity and skill required in the case of other positions, with different duties and responsibilities, l.S not relevaI)t even if they are within the Agricultural Worker class serl.es. If, as counsel for the Employer submitted, the class standard covers not only outside duties, but, as well, those performed inside of buildings; not restricted to greenhouses, it appears odd that that the standard uses language more' consistent with the performance of duties and responsibilities 1n the context of a farm, garden, orchard, vineyard, greenhouse; or the grounds associated with provincial government buildings. At no place, with the exception of work in greenhouses, is there clear reference to such work being conducted inside of a building. Rather, reference to the type of work referred to in the Preamble is limited to the ~cultivation of crops, beautification and maintenance of grounds ~ 16 and the care of livestock and poultry at provincial government buildings and institutional or experimental stations and farms." Reference to "provincial government buildings," which was said to cover the Grievor, is found in the context of the grounds that surround such buildings. ,The term "landscaping" is linked'to the maintenance of such things as plants, flower gardens, lawns, shrubs and ornamental plants located on the grounds surrounding the provincial government buildings. The definition of "landscape gardening" in the Oxford English Dictionary (2d Edn.) includes: "The art of laying out grounds so as to produce the effect of a natural setting." The matter 1S, however, not free from doubt, as the O.E.D. defines a landscapist as : "a ,landscape gardener; one skilled in landscaping roads, offices etc." In addition, the word "cultivate" in the O~E.D. is defined as : "to bestow labour upon (a plant) so as to promote growth." Inasmuch as,the grievor performs her duties partly in offices, and as some of her maintenance'duties are to promote plant growth, resort to dictionary definitions does not entirely support either position. In addition, the O.E~D. defines "florist" as: "one who cultivates flowers; one skilled 1n knowledge of flowering plants; one who raises flowers for sale, or who deals in flowers." ~ 17 The only clearly "indoor" work contemplated by the class standard is in greenhouses, where the Grievor does not work and where most of the positions contemplated in paragrapgh three of the Agricultural Worker 3 class definition have duties and responsibilities. It was acknowledged that if the Grievorwas properly classified as an Agricultural Worker 3, she would have one of the positions contemplated by paragraph three of that standard. The class standard for the Agricultural Worker class series does not define the term .. agricul tural work." We are left to discern what was meant by reference to dictionary definitions and by an examination of the context where the term is used. The word "agriculture" "is a well recognized English word. It is obviously not a word of precise meaning" as has been shown from the dictionary definitions noted above~ Cf. Re Cedarvale Tree Services Ltd. and Labourer's Int'l Union of North America, Local 183, [1973] 3 O.R. 832 at 836 (C.A.). We are able to obtain some understanding of the intended meaning of "agricultural worker" from the context. Given the care taken 1n the. Preambletb cover a number of "functional areas," none of which, with the exception of "greenhouses,"explicitly covers inside work in buildin~sf we would expect that if inside duties and responsibilities in buildings were contemplated, this would have been clearly stated. It 15 also significant that "landscaping" in the Preamble, when it refers to flowers, does so by reference to the maintenance of "flower garden~," and the preparation of "flowers for floral decorations." (" ~, ti' 18 The Grievor does not ma~ntain flowergarden~,nor does she prepare f lowers for floral decorations. She purchases f lower and she converts them into floral decorations. She has no part in the grow1ng of the flowers from seed or seedlings or 1n their preparation for floral decorations. Although we agree with the quotation from the reasons of Vice- Chairperson Samuels, quoted at page 15 of the Berry case that: " A class standard may not encompass all the duties invOlved 1n a job, the standard must cover at least the significant elements of the job," we find, on the facts before us, not only are the duties performed in a place' not clearly contemplated by the class standard, but, more critically, some of the significant elements of the job, particularly those relating to the purchase of .f lowers, etc. and the creation of floral decorations are absent from the class standard. Although we also agree with the statement, above quoted, from p.4 of the Booth case~ the case before us is different in that a significant portion of the Grievor's duties involve the creation of floral arrangements and associated duties, including the purchase of the flowers etc. from which the arrangements are to be made, and consultation with clients concerning the decorations and their placement. These duties are sufficiently different from the functions described in the class standard as to make the totality of the functions and ,the role carried out by the Grievor .. 19 substantially different from those contemplated 1n the class standard. We conclude tha:t there 1S a substantial variation in the nature of the duties performed by the Grievor from those set out in the class standard so as to warrant the awarding of a Berry order. That is, we are satisfied, a~ was the Board in Berry, that the significant component of the Grievor's position involved in obtaining the materials for and the creation of floral decorations are not encompassed in the Agricultural Worker class series. Nor are we persuaded that an atypical classification ~s appropriate. One of the additional cases contained in the Employer!s Book of Authorities is Sheppard, 1920/91 (Low). In that case, the grievor, who was classified as a Maintenance Carpenter, grieved that he was improperly classified. The grievance was based on the fact that the grievor spent approximately 50 per cent of his time engaged in hanging pictures and plaques, an activitY,not mentioned in the class standard or the position specification. The union's contention was that the grievor spent only 50 per cent of his time engaged in the activities mentioned in the position specification, and that picture hanging was unrelated to the activities contemplated by the specification or the class standard. It was also contended that the skills required 1n picture hanging were entirely different from those exercised in the carpentry trade; that the work of the grievor was not supervised, and that, at pp. ti 20 3-4: "The cumulative effect of the foregoing [was] sufficient to take him out of the class standard." At pp. 5-6, it is noted that the grievor testified that it took five years to obtain certification as a carpenter, and he was unaware of any formal training that existed in picture hanging;. he having learned about picture hanging as a resul t of on-the-job expetience, and that the skills that he used as a carpenter were the same as he used in hanging pictures. In dealing with the issue as to whether the grievor's picture hanging activities fell within the purview of the language of the c~ass standard" the Board concluded, at pp.7-8, that they did: ... fall within the types of activities contemplated in the class standard. The class standards are not intended or expected to be exhaustive descriptions of the various duties performed by employees allocated to the class. Obviously, such an exhaustive listing of duties and functions is more appropriate to the job specification, and indeed cannot be expected to be comprehensive even in that document. The class standard is intended to be a general description of a group of po~itions which have sufficient features in common that they are classed together and paid at the same rate. In the case of the class standard for Maintenance Carpenter, there is clearly a contemplation that members of the class will perform duties mentioned in the class standard and others as the duties mentioned in the class standard are expressed as exemplary and not as exhaustive. In addition, it is contemplated that members of the class will assist and co-operate with other tradesmen and non~trades staff. More particularly, there is mention of building and repairing signs and displays. It is acknowledged that the skills used in picture hanging are the same as those used in carpentry. It is said that there is an additional skill, an aesthetic one, which is used in picture hanging., If the implication is that no aesthetic skills are to be exercised in '~ 21 carpentry, this is to underestimate that skilled trade which not only takes five years in which to obtain certification but also requires, when well practised, a keen aesthetic sense of line and proportion, form and function. There are carpenters whose craft rises to the level of art as there are carpenters whose work leads clients only to exasperation. Likewise, a picture may be hung satisfactorily or not; the result may please or not. But in both cases, there is scope for the exercise of aesthetic judgment, and in all circumstances where aesthetic judgment is a component, there will.be room for disagreement; as we have witnessed recently .in the National Gallery, what is one man's meat may be another man's art. We are of the view that the activity of picture and plaque hanging is well within the purview of the class standard, and that there is no significant body of the Grievor's core duties which falls outside the class standard. While we agree with the above statements taken from the Sheppard case, we do not regard the work related to the creation of 'f loral arrangements as being either .. agricul tural work" or as falling within the definition of "landscaping~" There was no acknowledgement that the skills used in laridscaping were the same as those used in creating floral arrangements, viewing that activity in its totality, commencing with the purchasing of the raw materials, the consultation with clients for whom the arrangements are to be prepared, and the actua 1 process of creating floral arrangements and placing them. We have concluded that the real issues between the parties are raised in the agreed statement of facts, and as we have noted 'this statement supersedes any allegations contained in the parties' statements. The essential position of the Grievor 1S: (1) That she 'J' 22 1S not required to perform, nor does she perform, ." agricul tural duties" as the class standard is restricted to functions performed inside and not outside of building. (2) That, in any event, her significant core duties, as above' described, relating to the creation of floral arrangements, are not covered by the class standard. We agree with the position taken on behalf of the Grievorthat the Grievor' s duties; in their total i ty, relatin"g to the creation of floral arrangements are not covered by the c~assstandard and that thosee duties represent a significant core duty, not merely a ,marginal one. In the absence of this duty, we might have considered the assignment of the Grievor to the Agricultural Worker 3 (Atypical) classification as reasonable. In the absence of an additional basis for doing so, the carrying out of indoor plant maintenance, as described in the position specification and the agreed statement of facts, is insufficiently different from the duties described in the class standard to warrant the creation of a completely different class standard. In the a,bsence of the functions related to making flower arrangements, we would be hard pressed to conclude that the functions of the Grievor and those contemplated in the class standard, when viewed in their totality, are so substantially different that it can be said that an atypical classification is unsui tab Ie. However, with the addition of the duties involved in creating floral arrangements, which we have ", b 23 found to represent a significant core responsibility, the situation changes and the grievance succeeds. DECISION For the above reasons, we find that the Grievor is incorrectly classified. We hereby order the Employer to prepare a class standard appropriate for the Grievor and that this be.done within a reasonable time. ,Once the new standard has been prepared and the salary rate for the position has been established in accordance with the procedures provided for in the collecti~e agreement, we order that the Grievor shall receive compensation so that she will have been paid in accordance with the established salary levels from 20 days before the date of the grievance. We shall remain seized to deal with any matters arising out of our orders. Dated at Toronto, Ontario this 9th day of March, 1993. ,-;a.L-#t:-L ~' . M. g ~rperson E. Seymour - Mem er ?1? j f:;i7~~ -' M. O'Toole - Member .', '~ Ontario APPENDIX '1' Position :speCification & \,;Iass AIIOCatlOn-\,;:s\,; 0150 (Refer to back of form ff" compl~tion instructions) r\ u For CSC u$lIonly ua.t receiVed Previous serial number New serial number 1 Position till. . u ' . Plant .' Services Foreperson 5ch, Hrs. Work IR,p,r, POln, onlyl POSItion Identilier ISH Reversel 1 . Position title Position Code 5uperHdos:, Plant Services Forep rson 18-4121-22 Worker 3 (Atypical) . Ministry Division Government Services Property Management 1, Immediate Supervisor's title Supervisor's position code Branch and tction Location Legislative Precinct, Toronto Region LegiSlative Building No, of pl'CI1 2 Horticulture Supervisor 18-4200-80 2. PU'PG" of position (why does lhi, position exi't?l To participate in and provide group leadership to staff engaged in the maintenance, pest control and placement of indoor plants. 3. Outieslnd r,llted tasks (what is employee required to do. how and why? Indica.. percen'age of time lpent on .ach duty) Provides group leadership to interior plant service persons by: 20t - orqanizinq and planninq of daily activities, schedules, allocation of staff, checking work assignments, assist with staff performance appraisals, training of new staff, reports employee problems to supervisor: maintaining safety procedures within operation. Client Services: 30t - consults with clients regarding request for plants, plant selection and placement, diagnosing plant abnormalities, floral arrangements, delivery schedules, etc.1 acting in a liaison capacity between clients and supervisor. Maintenance Services: 45t Provides maintenance servicing of indoor plants: - watering, cleaning, trimming, fertilizing, by controlling pests, etc. 1 maintaining records of plants and locations, updating inventory; securing plants, flowers, containers and supplies from storage or from supervisor: - scheduling and performing delivery service withstaff1 . - assisting with loading and unloading of plant materials and supplies: Checking Shipments for quality and quantities, and reporting discrepancies to supervisor 1 ' 4. Skills Ind knowledge required to perform jOb It full workil1Q 1,,,,1. {Indica.. mandatory credential. or licences, ifaPPlicablel Knowledge of interior plant scape; knowledge of and ability to do floral design 1 knowledqe,of Ornamental HortiCUlture; ability to diagnose plant problems 1 demonstrated ability to provide group leadership; ability S. Signetult Immtdl... SupelYi,o, Year Type Supervi_'. name e. CII:: IlIoCltion Cia.. title Type Official', name and II I Peter"Leppez: Mana er Legislativ.e, Service Class code - _. . IO'ccuPBtion.1 group number Effective date 1- - Day Month Year I hWI cl.uifi.d this position in accordanc. with the Civil ServicI Commiuion Classification Standards fOf the following realon: A. B, c. '..... . 7"'lr),I072 IR..., IO/R~1 Type .valualo,', name ,~ - 2 - I (~ I 18-4200-85 Duties and Related Tasks (Cont'd) - assembling floral arrangements as per client requests and arranging floral displays for special events. Performs other duties su~h as: 5' - performing driving duties when required: - participating in grounds maintenance and snow removal: - picking up or delivering plants. Skills and knowledae (Cont'd) communicate C?rally and in writing: va~id "G" driver's license: .. PD420085/SB, ,'i, APPENDIX '2' I 9 1 ~ i'1 I 11 a .' ,{"..../ ....c.L. d (' 2.L 1912C>-6e PREA..\{BtE AGRICULTURAl WRKER CLASS SERIES ' TYPE OF WRK: ._ i This series covers poddons of employees engaged in a variety of agricultural duties required for the cultivatioD of crops" beautification aDd maintenance of grounds and the care of livestock and poultry at provincial government buildings and institutional or exPerimental stations and farms. Work assignments for positions in this series are made in one or a combina~ion of the follo~g functional areas:- .." .. . ,- ..' . .' /~. .... , " \.'.. .~. . Landsca'Din~: Plant, cultivate and maintain flower gardens, lawns, shrubs and ornamental plants; seed, fertilize, water, mow, roll and rake lawns; prune and trim trees and shrubs; prepare plants and flowers for floral decorations; mix and apply insecticides" fungicides and herbicides. Ve~etable Gardens: Cultivate and harvest vegetable gardens; prepare the ground, plant se.ed or ,transplant greenhouse plants; apply fertilizers and insecticides; pack and maintain vegetables in root..;.houses; pick over and' supply vegetables to kitchens. Greenhouses: Mix, sterilize and prepare soil for the planting of flo~ers and vegetables in greenhouses; seed, pot" water, transplant and store plants, prepare and care for hot-beds and cold frames; apply insecticides and fertilizers; regulate temperatures and ventilation in planting areas. ' Orchards andVinevards: Maintain orchards and vineyards by mulching, spraying" fertilizing, pruning, pollinating and grafting; plant and transplailt seedlings; pick, packand store fruit. Field CrOl)s: Operate tractors, sprayers and other farm machinery to plow, plant" cultivate and harvest grain crops; apply fertilizer and insecticides; measure. and stake plots; weigh, tlag, grind and store grain. 1 ! ! F': ~.;. i~;.. ~ (over) ~.,. 41" -;,l ...~ Ii> 19120-. 2..'- , ~ -3- Oefinition of T~rms:- Pr","i"d~] r.",'("rnm('nt RuilJin~s:- This refers to governmimt buildin(Zs situated throughout the rr~vince wnich are surrounded b)" less than 100 acres of rror"rry. At these build-in!:s, a,~ricul tunl workers undertake lanJ~carin~ and ~ardenine activities_ ' Institutional Farms:- These are maintained by the Deparutentof Health at Ontario Hospitals or by the Deparcment of Reform Institutions at Reformatories and Training Schools to provide food for the institution and rehabilitative occupation for the patients, inmates or wards. Institutional farms of less t~an 100 acres are considered to equate _~th the definiti~n for Provincial Govermnent Buildings. " Experimental Farms and Stations:- These are maintained by the Department of Agriculture and Food and are presentl)- situated at Vine1and, Kemptville, Ridgetown, Simcoe and New Liskeard. They provid~ practical test areas for scientific theo~ies in the development of new species in fruit, ~egetables and crops, treatm~nt programmes and the management of animals and poultrj-. Satellite Farms:- These may be either institutional or experimental stations or farms physically separated from the main institution which is responsible for the administration of their programme. An agricultural superVisor is assigned to implement this programme at the indiviqual institution; and direct the work of subordinate staff, wards. J:'atients or inmates. Extensi-:e \\.ork Proeramnes:- Those functional areas of work which are ,so large as to require a line supervisor directing four or more subordinate AgriculturalW~rkers. Assi.med Section or Unit of A!ricultural Work:- This refers to the function or group of functions which an employee is required to direct. Thus an employee, may be in charge of the landscaping function 2t the landscaping and vegetable garden function; ~ in charge of a poultry flock, 2t a herd of swine, .2t cattle, 2t sheep 2t horses, 2t of all these flocks and herds together, dependent on the size of the operation. (over) . , d ( 191:!O-~ .2.. -5- J. Positi\>ns where the driving, maintenance and repair of mechani:ed equipment, is the major function. Such positions are allocated to a more speciali:ed series e.g. mechanic. QUALIFICATIONS: The basic requirements for all levels are indicated below. Additional experience and ,skill requirements are specified in ~ach class level. Basic - 1. Levels 1-4 - Grade 8 education; preferably Grade 10; or an equivalent. Good working knowledge of practical gardening or farming operations related to the field of assignment. c. 2. Levels 5 and 6 - Grade 10 education preferably Grade 12; preferably successful completion of the two year Diploma Course or equivalent at an Agricultural School, Q! an acceptable equivalent in education and exper~ence. GENERAL OUTLINE OF SERIES: First Level: Institutional and Provincial Government Buildines:- The working level for experienced'agricultural wOrkers. ExPerimental:- , The training level for experienced agricultural workers. The terminal level for employees performing routine agricultural work unrelated to the controlled conditions required in research, projects. Second Level:- Institutional and Provincial Government Buildin~s:- This is the level for group leaderswbo organize and direct the activities of subordinate agricultural workers. ExDerimental:- The working level for employees fully trained in. the, agricul tural skills demanded at an experimental station or farm. ~ (over) or ' ,.,: , ' ( \, ' "91ZO ~ .l) AGRICULTURAL w"ORKER 1 CL\sS DEFlNITIOS: , This class covers pos1t1ons of employees assigned duties in .:>n~ or severa] of the functional areas of agricultural work. At a provincial government building or institutional farm, these employees work under the general supervision of .and within the routines established by senior agricultural staff. They usually receive detailed instruction only in unusual situations. At an experimental station or farm, this is the entry level for employees being trained in the special techniques required to perform . agricultural duties in support of research projects. They work under the close supervision of senior agricultural or technical staff and are required to follow the explicit in"structions of their superiors. This is the terminal.class for employees at an experimental station or farm who perform routine agricul~ral work unrelated to the controlled conditions required in research projects. Ql;ALJ flCATIONS: nasic:- Refer to Preamble. CL\SS, lEVEl. REQt:IRDtE~-rS: Ability to follow oral and written instructions. Januarv 1967. 'i 19122' 4 AGRICULTURAL ~RKER 2 CLASS DEFINITION: This class covers positions of group leaders of twO or more employees performing agricultural work at a provincial government building or institutional farm,or positions of fully trained employees at an experimental station or farm. The work is performed under the general supervision of a professional administrative or agricultural supervisor and according to established methods and procedures. As group leaders, they organize and direct the daily a:ctivit~es , of their subordinates and participate in the duties of their assigned area. They determine priorities, explain new projects, provide ,instruction in the use of equipment and check the accuracy and completeness of the work. They transmit the instrUctions of their supervisor to subordinates in the assigned section. They recoIlJI1end manpower and equipment requirements and changes in work methods for improved efficiency. They caution their subordinates but normally refer disciplinary. problems to their supervisor. '. , At an experimental station ~r farm,this class covers positions of fully trained employees performing agricultural warkunder controlled conditions'. They are engaged in the cultivation of crops and the maintenance of animals required for experimental purposes.' In addition these employees are assigned such duties as weighing, measuring; observing and recording data pertinent to research projects. QUAUFICATIONS: Basic:- Refer to Pre~ble. CUSS lEVEL REQUIlIDtENTS: For positions at an experimental station or farm - at least two years' experience at, the Agricultural Worker 1 level. For institutional agricultural work _ ability to direct and review the work of other employees. ,., \ Januanr 1967. ..., ~:::t:!.<<:,. ._ ; 1GRlCULTmw;WORJUiR~~ , -.,. 19124 ~~~l.: ,\-:. CIASSOEFl ~'l'l'l()N ~ ihi~. class C\)\Ters positions of employees wh~ are held. fully responsible f\)r the c\)mp}~1:e operation of an a:ssigned section of agricultural work at a provincial gov~rmnen~ building or institutional farm. They may supervise up to t.h.t"p.c ~IJbordina.te a~ri\":lJltl1ral workers. At a~experimen~al station or farm, employees at this level are group lcad~rs ~f two or more agricultural subordinates. The work is performed under the general direction of a professional, administrative or agricultural sl4per'Vi.sor. to ~l~e pcsitions, these employees plan and direct the landscaping and ~ardcn~l!~ ::1pera.tlon at a provincial j;overnment building. They select varieties of trees, shrubs, flowers and vegetables. They requisition quantities of seeds, f~rti] i l.t'~r, chemicals and implements. They train, supervise and discipline ~ny assi~ned subordinates. In most of the positions in this work area, they dirc~t the operation of a greenhouse and hot and cold frames, 'supervising teI1'1pp.rat...~T'::'!J humidity ano. ventilation controls and providing fl~ers for ,1 nstJ. t.ut. LO':ld.l llS('. In urlll~r po~itions, these cmploy~es supervise a unit of agricultural work d.r' ar, irl':>ti.~utjoncll fann such as the landscaping and/or gardening operation or th\~ mana?:t.':t1cnt \J~ poultry and/or livestock. In most positions, as supervising gardeners, they dlrecl. the operation of a greenhouse and hot and cold frames ' to provide floI~l and/or vegetable requirements for the institution. - As sllper.liso~s in charge of livestock or poultry, at 'an institutional farm, tney plan and ~cheJul~ the feeding, cleaning and tending of their herds and flocks. In ~te~~ positions, they conduct the breeding programme, cull poor producers, select hrood stock and direct the slaughtering of poultry and fann anima]!';. ,They dia~ncse ailments, administer medications vr refer problems to n. vp. teri:i(~r~,.l ri. In $ome p\)sltions, they also direct the separating, bottling, ~:;~.:lra.ge ;~!1d ,',ht.ribution of milk. In all these 'positions, they plan and estj~t~ produ~tion requlrem~nts and requisition supplies subject to the ~pp~nval of their supervisor. They schedule the activities of their subordinates. and direct them .i"l the ccl.rc and maintenance of the assigned area. .\ tan C:'(p~T'J 'TK'ntal station nr farm, these employees provide group leader d i :",'(:1: i ,::m t.., tW\') \'r' more a~rlcultural subordinates. They.organize and direct th,~ :.ll"t. ...'i t:\!,~ of thc~c cmploy~cs in thecultivcltion of crops and care of live- ';1 ,'"'k f ,lr l~xr:\'r im\'llta] purp~~~~~. ' They pT'\)vide technical advice and check the \: ,,;r.p I d ~il~~:;~ ilj1d .l\~Cllrac)" of the work. They caution their staff but disciplinaI1. prub lems ;l,~ t1\."'1T1all~' rcfl~rred to their supervisor. ' r ~!:\ Ll i"~ loAn 0;-JS: .....--.-- llllir~:- i\t~f'~r t.) l'n'ilmbl~'. C I )~,~ p~~!lJ~r.QL:i.lir;o~TS: For {j....... t I "fl"; at .l.\ experimental station ~r fann - a.t lea.st two years' "~::;:'.:r-' ~Ill':' d f. ' h.~ AA.~ricuJ turalWorker 2 level, and ability to direct and review :"'I~: :lnr" c,~:' ,."1,:1\'" cmp10yces. Vor posi.tions at institutional farms or provincial .. :,';.'nlm.,~"!' r-u:. Ii i Ilr.:~ - sup('rvisory ability, willingness to accept responsibility. l:.H~~. 1~ AGRICULTI.'RAL WORKER 4 19126 4, CLASS DEFINITION: This class covers pos1t~onsof employees who, as senior supervisors are respvnsible for implementing extensive work programmes, at either institutional ~r experimental stations or farms or provincial government buildings. They ~ither assist the manager of a medium-sized farm; QR direct a large scale subordinate agricultural unit requiring four or more subordinate agricultural staff; E1: manage a satellite fann physically separated from the main establish- ment. General direction is provided by a professional, administrative or agricultural supervisor. As assistant managers of a medium-sized farm, they contribute to the aJminjstration of the entirefann programme. They recommend work schedules, assignment of, staff, sequence of operations and a programme of equipment maintenanc~. They review the work of subordinate supervisors, note the conditions vf crops and health of animals and advise en appropriate action in problem areas. In addition, these employees are usually respons'ible for an assigned unit of the farm work where they plan and implement the activities of subordinate staff and requisition the required supplies. Employees in these posi tions are expected ,to assume full responsibility for the complete farm programme in the absence of the Manager. - As supervi'sor of a large scale agricultural unit, they plan, co-ordinate and assi~n the work of four or more subordinates, give technical direction, evaluate work performance and maintain discipline. In some positions, they are supervisors of an extensive landscaping and gardening operation. In other positions, theyman~ge a large dairy operation involving the breeding, testin~, feeding and general care of a dairy herd of more than 100 cattle. In all posit:ons, they estimate and requisition supplies and are responsible for the discipline of staif and maintenance of equipment in their assigned unit. As ITl<.tlli.L:;crs of an institutional satellite fann, they are responsible for the estj~tins and ordering of all operational supplies. They plan work schcdull~s, instruct and discipline staff and are responsible for all aspects vf the 0pcration of the unit. At an expcrmentai station or farm, these employees co-ordinate the agri~ulturaI activities of the assigned area. They train, supervise and discipline subordinate staff, determine priorities and estimate and requisition supplie3 for the unit. They direct their staff in the soil preparation, plantin~, propagating, fertilization and spraying of vegetable, grain and fruit crops for experimental purposes. In the management of experimental livest.~ck and poultt). they direct their subordinates in the preparation of special diets, and the maintenance of feeding, breeding and birth records. Ir.t elll these positions, they ensure that the directions of the scientific staff arc followed accurately in such areas as temperature control, application of fertilizers and insecticides, pruning, cultivating and harvesting. QL\ LJ i'hJ\ TlO\'S: IlasL::- Ikfl~r tl) Preamble. .:u t.;~ LEv1:."l.. HEQrJl~E'-IESTS: - ::;ev~ral years' expcrience in work at the Agricultural Worker 2 or 3 level or th" ~quivalent in education and experience. Supervisory abilit~r, willin~ncs~ to accept resp~nsibility. Janu:u"\. 1:,)67.