HomeMy WebLinkAbout1983-0528.Tremblay and Neve.84-10-17INTHEMATTEROFANARBITRATION
Under
THECROWNEMPL6YEESCOLLECTlVEBARGAlNlNG ACT
Before
THEGR~EVANCESETTLEMENTB~ARD
Before:
For the Griever:
For the Employer: &X Gl,‘M Personnel Adminbtrator Personnel Operations Ministry of the Environment
Hear&$
OPSEU (W. Tremblay & D. Neve)
and
Grievers
The Crown in Right of Ontario (Ministry of the Environment) Employer
R. L. Verity, Q.C. H. L. Robinson A. C. Stapleton
Vice-Chairman Member Member
A. Ryder, Q.C. Counsel Gowling & Henderson Barristers & Solicitors
April 10 & May 2, 1984
DECISION
In identical grievances dated June 8, 1983, Wilfrid
Tremblay and Donald Neve seek re-classification from Environmental
Technician 3 to Environmental Technician 4. Both Grievers perform
essentially the same job function and both work in the Air Quality
Assessment Branch of the Northeastern Regional Office of the Ministry
of the Environment.
In 1975, when the Environmental Technician Class Series
was established, both Grievers were initially assigned the classi-
fication of Environmental Technician 2. Grievances filed by Tremblay
and Neve at that time were successfully resolved without the need
for Arbitration. Thus in 1975, the Grievers were'classified as
Environmental Technicians 3.
As a result of a'Ministry reorganization in 1975, regions
throughout Ontario were established. The Ministry's Northeastern
Regional Offices are located at Sddbury , which is also the location
of Canada's two principal nickel producers - INCO~ Limited (formerly
known as International Nickel Company of Canada) and Falconbridge
Nickel Mines Ltd. The smelting of nickel and copper bearing ores
tends to produce large quantities of sulphur dioxide emissions,
with the result that air quality control in the Sudbury basin has
been a continuing concern.
The system for monitoring air quality control in the
Northeastern Region was drastically revised in 1978, and these
grievances arise from that technological change.
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Prior to 1978, there was an Air Monitoring Network in
the Northeastern Region containing some 14 monitoring stations.
Each station recorded the air quality on a strip chart covering
a two week period. .It was the Grievers' responsibility to visit
the monitoring stations bi-weekly, remove the str,ip chart and
insert a fresh chart. In addition, each Grievor was responsible
for ensuring that the monitoring stations worked properly, which
in turn involved maintenance and repair of fairly complex equipment.
However, under the old system, the Grievers were neither responsible
for calibrating the instruments, nor interpreting the data. Ministry
employees in Toronto, classified as Scientists, performed the cali-
bration and interpreted the recorded data. The strip charts, duly
interpreted, were then returned to the abatement section of the
Regional Office at Sudbury which would, in turn, advise any company
emitting unacceptably high pollution levels to take the necessary '
corrective action. This procedure of air monitoring is known as the
Historical Data System.
In the fall of 1978, the Ministry introduced a computerized
system in co-operation with Bell Canada which.is known as the Real Time
or Telemetric System. The computerized system is Ontario's most
advanced device for monitoring or measuring sulphur dioxide levels
and other air pollutants. There are now some 23 monitoring stations
in the Northeastern Region, each recording data electronically and
transmitting the data to a central computer in the Sudbury Regional
Office. The data is processed every five minutes on a V.D.T. screen
and print-outs are provided on an hourly basis.
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Under the new system, when the degree of a pollutant
rises above permissible levels an alarm bell is activated by the
computer recording mechanism and the warning is directed to the
abatement section. The abatement section verifies the reading
with the Grievers or their supervisor and then the abatement
section informs a company of unacceptable emissions in order that
corrective action may be taken.
In February or March of 1984, the new electronic system
was further refined to provide simultaneous transmission of Ministry
data directly to INCO Limited. Similar arrangements are being made
to provide the same service to Falconbridge and "Science North" with
simultaneous transmission of data.
The Ministry's adatement section is charged with the
responsibility of enforcing corrective action against an offending
company. Corrective action takes the form of a "production reduction"
at a company, during which time company production is curtailed for
a given period of time varying in length from several hours to a full
day. Failure on the part of the company to take corrective action
could result in legal action by the Ministry. In view of the cost
factor of corrective action, the importance of accuracy in data
collection is correspondingly qreat. In addition, since 1979 some
private companies such as Alqoma Ore, Into Limited, Kidd Creek Mines
(Texas Gulf) have instituted their own alert systems commonly known
as S.O. 2 Alert Systems. It has been the Grievers' responsibility
since that time to verify the accuracy of readinqs of each private
system on a monthly-basis.
The Grievers continue to be responsible for the maintenance
and repair of the system as they did prior to 1978; inaddition, they
are now responsible for calibration and the accuracy of the data
produced. The new system provides no time for editing or factoring
of the data after the event, as was the case prior to 1978.
The Northeastern Region is thus far the only region in
Ontario that has installed the .telemetric system for monitoring air
quality control. The possibility of extending that system or further
adopting or refining it for other regions has resulted in two bulky
reports prepared for the Ministry of the Environment and tendered as
Exhibits: Feasibility Report - Air Quality Telemetric System (Exhibit
13); and Request for Proposal - Computerized Air Quality Telemetry
Data Acquisition and Information System (Exhibit 14).
Briefly, the Union argued that no other Environmental
Technician 3 in Ontario bears the same onerous degree of responsibility
and accountability as do the Grievers. Accordingly, in view of the
technological changes-effected in 1978 and refined in later years,
the Grievers were justified in seeking re-classification.
The crux of the Ministry's case was that technological
change in itself was no reason to justify re-classification, and
that the Grievers were previously appropriately classified as
Environmental Technicians 3.
The Board heard evidence at length concerning the jobs
performed by Messrs. Tremblay and Neve. In addition to their
evidence, the elements of the jobs in question were vividly
described by Supervisor Ken Waldie and by the Chief of the North-
eastern Region's Air Quality Assessment Section, Raymond Potvin.
Although Mr. Waldie himself has a classification grievance pending,
the Board was of the opinion that his evidence was objective and
thoroughly reliable. The Ninistry's sole witness, Mr. Potvin,
provided an excellent overview of the complex electronic system
introduced in the Sudbury Region in 1978. In addition, Mr. Potvin
spoke of his involvement with the Ministry's new Air Quality Index
System. In summary, Mr. Potvin's evidence did not adversely .affect
the Union's position. The most recent Position Specification and
Class Allocation form was introduced as Exhibit 8 and was generally
agreed to by all of the Parties as being accurate. Exhibit 8 reads
as follows:
"Position Cede: 37-0324-X
Position Title: Air aality Instrument Technician
Previous Position Title: Sam
Class code: 37-0324-X
Inm&iate Supervisor's Title: Senior Air Q.ulity Technician
tiistq: Ministry of the Environment
Division: Regional Operations & Laboratories Division
Branch: Northeastern
Section: Tech. Support
Lcdation Address: 199 Larch Street, 11th Floor,
Sudbury, Ontario. P3E 5P9
2. FWRPC6E OF POSITION (why dces this position exist? State goals
objectives etc.)
TO in@emantandmaintain a corrplexmicro-processorbased telemetrynet~3rk
which collects real-tine air quality data; to trouble shoot and resolve prohlem~
related to all air nonitoriny equipment; to modify existing equipmant to meet
specific needs: to audit industrial client monitoring control systems.
3. SuMMARYOFUJTIES&NuFESpoNSlBILITI~ (Indicatepercentageof tine
spent on each significant function. Indicate scolze, equ&awnt, working
conditions unusual features etc.)
50% 1. Maintains a cmplex air monitoring system which includes: (a) servicing
of air wlity monitors in the field or in the shop using precision test
eguiprrwt e.g. oscilloscopes, volt mzters, fregxncy axinters, etc., to
identify and rectify e+iFt salfunctions ti to the ccsnpcnent level;
(b) servicing of microprocessors down to the ccarponent or 'chi;' level;
(c) consultingwith equipment manufacturers and ccawnication ccepanies
as necessary to debug equiprent when new stations are installed or on
equipnentupgrading andrepairprograms.
15% 2. Modifies existingrronitoring equipmantin response to specialneeds
or routine problems. Designs electrical/electronic circuits to interface
cconponents ofnonitoring and telemstry systwe.
10% 3. Conducts mobile surveys for regional abaterent staff.
5% 4. Kaintains a current knowledge of advances in the electrohic field by
reading trade journalsandtaking courses.
20% 5. Calibrates Ministry of the Environment air quality monitors and audits
aid nonitoring equiprent used by industrial clients for assessrent of
Control Order c~liance.
4. 5XJLLSANDKN- REQUIRED To PERFO~ ?HE hxlRK (State education,
traininq, experience, etc.)
Skills and Knowledge
(a) EIECIWNICS: a comprehensive knowledge of solid state electronics;
a wrking knowledge of analcgue to digital theory and a basic knowledge
of computer language and oFrations.
(b) AMB~MXJITORS: a wxking knowledge of the fundanental principles
of electrochemical andaechanical systems, a canprebensiveknowledge of
the function of each wnp3nent part of all the monitoring instrumsnts used
in the field is required to properly operate and successfully maintain,
trouble-shcotandrepair these instruments.
(c) YINIEWERSONAL: manual dexterity and aptitude are required to assemble instrumsnt s&ass&lies and components, sampling manifolds, mateorological
equiprentand instrument containers. The ability to operate a wide variety
of calibration, testing and safety equiprent, and shop and hand tcols iS
necessary.
Required to maintain field stations, to follow msnufactnrers instructions, calibration criteria, safety codes, etc. with little direct supervision.
Accuracy and precision are neededto maintain records, comwnicating
technical information, and interpreting technical literature. Inthe area
of personal aptitude, an enguirinqmind and aloqicalapprcach are required
to solve problems and trouble-shoot wlfunctioning equipment. Alertness
to detectinstrusentprcblems, andnodify existing ins trwentation for use
-a-
in adverse conditions is also a prima requisite. Contacts with
co-wxkers, calibration staff, other governsent agencies, represew
tatives of industry and suppliers and the public is essential.
Knmledqe and skill is acquired through qraduation from a recognized
institute of technolcgy or commitycollege in a course providing
basic and advamed knowledge of instrumentation, plus several years of
experience in assembling, operating, repairing and trouble-shooting
complex instmmantaticm and recording equipment, preferably including
air imnitoring, msteorolcqical, telemtry and computer equipsent.
JUIX-:
The incmbentwxks under the guidance anddirectionof the Senior Air
@ality Technician, Northeastem Region, and follows the policies and
procedures given in the Technician's Procedure Manual, mmfacturers!
instructions, calibration criteria, electrical codes, building cc&s,
safety codes, etc. Frequently, information is obtained by consulting
handbooks, technical publications, or suppliers directly. Judgment is
required todetectand trcubleshcotmalfunctions in avariety of complex
electronic analyzers and microprocessor based telemetry eguipnent using
my different detection principles. The operation, repair, mintenauce
and nodification of instmnmts in stations is normally accepted as
being performed mnpetently. Indepshdeht decisions requiring good
judgment are made frequently and under different circumstances to
isplemmt surveys and projects.
Initiative, perseverance and judgment are often timas required to maintain
field stations in operation under adverse conditions (e.g. sumer and
winter tsmperaturs variations, electrical interference, ice and mow
conditions, hydra failure, interference by humidity or other pollutants,
etc.). Judgment is also applied in dealing with people to co-ordinate
their efforts in order to get the job done efficiently.
The incurdxnt is accountable for the quality, validity and timely ampleteness
of the air quality data collected in the regular 'fixed' station netwxks
and in special 'nobile' surveys. The incuabent is also re*nsible for the
security and proper operation of all field equipsent, vehicles, tools and
other govermentowned/leased equi~nt assigned to him/her. Errors in
installations, repairs or edifications could also cause the loss of data
or the collection of inaccurate data. These databecome part of the
historical record of the Fz-evince and if lost, are not recoverable. If
the data are inaccurate, it could result in incorrectabatemantdecisions
beirgrradewhichcould adverselyaffsctpublic health andwall-being or
conversely, cause costly imiustrial production cutbacks in order to reduce
emissions when not squired. In addition, serious safety hazards could
result in the monitoring stations and their immediate surroundings from
the improper handling of hazardous gases (eg. hydrogen gas) used in some
of the analyzers.
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Tne data collected from the fixed air mnitorinq stations and
nubile air mnitors frequently mm under close scrutiny by the
public, industry, and others, somstimss as a result of prosecutions
against emitters, and consequently those data mst be collected with
utmst precision and care to prevent enharrassmnt to the Ministry.
CONTACTS
'Ihe nature of the work requires liaison with the public tomke final
arrangements for the installation of mnitoring stations on private
property; counselling and supervising local contractors in installation
problem: arrangixg contracts with local utilities servicing the stations;
co-oprating with supplier representatives on mtters such as ordering
mterials ormdifying in stnmentation, and counselling industrial clients
in the operation and maintenance pmxe&res of their mnitoring equip-
msnt. Within the Ministry, there is regular contact with the Air (xlality
and hMeorolcgy Section (Systems Services Unit, Telemetering and Electronics
Unit and the Instnrmentaticm Unit) of the Air Resources Branch and with
the Air Quality Lab of the Laixmtory Services Branch, to exchange in-
formation, discuss technical problems and obtain supplies. mar contacts
are requiredwith District Abatemntstaff of the Ministry in the North-
eastern Region in the performme of audits on industrial clients' air
quality ntmitming system for the propr enforcerrent of control orders
andprcqram. Theincumbentisalsorequiredfnmnt~tot~to~tact
representatives from the ommmications industry (ey. BellCanada,CN,
8, etc.) to resolve telemetry problesns related to teleconmmications~
systems. The incrcbnt could also be called to give evidence as an w witness at a public hearing or in a litigation against an industrial client
to attest the procedures and certify the authenticity and accuracy of the
d&a or samples collected.
5. SIGNATURES
Inmsdiate Supervisor Ministry Official
R. Potvin, Chief, Air &ality Assessment W. J. Gibson, kgional Director
6. CLASS ?4AK..ATIcRl
Class Title: .: Envmtal Technician 3
Class Code: 61404
Cccupational Group No: TS-07
Effective Date: June 1, 1983
6. I have classified this position in acmrdance with the Civil Service
ccanmission Classification Standards for the following reasons:
A. Duties involve the installation, repair and rraintenance of ccsnplex
air monitoring instrunentation;
B. Incu&entvalidates, interprets and analyzes collectsddataused in
producing Air Follution Indexes;
C. Incun&nt has frequent contact with Ministry staff in other sections
at the professiowl and technical levels, and instruxent supplies and
industrial officials for the purpose of exchanging infomtion and for the proper enforcerrent of control orders and prcgrams."
r
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detailed and complex
filed as Exhibit 5.
That Position Specification appears to be much more
than the 1975 Position Specification document
The Class Standards in question read as follows:
“CLASS sTANDARD: * 61404
EWIFONMWIRLTK!HN1cLRN3
This class covers positions involving inspections and investigations
of the full range of activities in the environmental assessment and pollution
control field. In soms positions, they conduct investigations of pollution
of air (stationary and mobile sources), landorwater, including noise, and
plan, organize and conduct assessment surveys and monitoring of the natural
environment. others in the environmental monitoring function involve re-
sponsibility for the selection, operation and maintenance of specialized,
conplex electronic, chemical~or mechanical air, water or wastewater rmnitorinq equipment in field locations resulting in the production of validated data
for use in ervir onmantal assessment prograsses. In still other positions, , employees in this classification may assist professional staff or senior
technicians in the clean up of hazardous spills; or in conducting applied
research projects or surveys to evaluate new technology and rrethcds, assess
the natural pollution control equipment, or in the processing of approvals. The -sable factors at this level are typically reflected as follows:
1. Knowledge:
Work requires the technical expertise, approaches and
practices to deal effectively with a wide variety of
environmental matters such as inspection of newly installed
or malfunctioning private sewage disposal systems of all
sizes (e.g. serving schools, nursing homes, etc.1 industrial
air and water pollution control'and monitoring equipment,
coamnmal water and sewage treatment projects, waste ranaqemsnt
sites and systems, and vehicle emissions to ensure that they
comply with established practices and standards, or to
qualitatively assess the effects of polluting discharges on the surrounding environrent (e.g. determine wastewater loading
guidelines for municipa./industrial discharges). Such knowledge
is normally acquired through graduation from a reccqnized institute of technology or comity college plus several years of related
experience.
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.
2.
3.
4.
Judqenent:
Work is performad under minimum supervision with
considerable functional independence. Mature judgemmt
is exercised in decision-makinq when unusual or un-
predictable situations arise. Matters deviatinq frcxn
established practices and precedents are dealt with at
this level and only sensitive or contentious rotters
are referred to supervisors. Independent judgemantis
exercised in the preparation of comprehensive technical
rwrts on all investigations, inspections or other
projects, includinq the interpretation and analysis of
physical and field data and laboratory results, making
recommdations where necessary.
Accountability:
These positions are accountable for the accuracy and
conpletehess of the datacollected and of the investiqa-
tions or inspections conducted. Decisions involve the
nature and amunt of data to be collected, actions
taken, r ecmmndations made, and can usually be based
onprecedentor established practice. Esrorsrmycause inappropriate action and expense by the Ministry, industry,
or private individuals.
Contacts:
Contacts my be with private individuals, mall business
proprietors or professional, technical and operational
staff or industry, municipalities, their own or other
Ministries and/or the Federal Government.
The purpose of the contacts will be to exchange or collect
information and data, qive advice, make reccmnnm dations or
enforce regulations. On occasions, it my be necessary to
appear as a witness providing technical evidence and/or
infometion before public bodies such as environmntal
hearings, rmmicipal councils, ratepayers' associations, or
courts of law. In all contacts the employee is assmed
to officially represent the Mihistry and present Ministry
policy."
“CJASS STANDARDS: 61406
This class covers positions of employees involved in conducting
and co-ordinatinq technically ccmp1e.x and specialized work in
enviromental assessnent and pollution control. They either function
as recognized experts in s-cialized wxk such as the inspection/ investigation of cmplicated malfunctioning municipal or industrial
water, wastewater or emission control installations, or
co-ordinating the investigation and clean up of spills of
hazardous materials, investiqatihq fish kills, or conducting
studies of the natural environment, etc., ~they exercise
advanced responsibilities across a range of several areas in
the environmntal and pollution control field, functioning as
group leaders providing technical direction, co-ordination and
training toothertechnical staff, including instructing in
technical training prcqrsmnes. The ccepensable factors at this
level are typically reflected as follows:
1. Ki-mledqe:
Work requires the technical expertise, flexibility
and depth of backqround to deal independently with a
wide variety of unpredictable environmental problems
or with specialized problems whexe the individuals'
knowledge my be the only quide to action. Such
knowledge is nonrally acquired through graduation
from a reccgnized institute of technology or ammity
college plus mny years of progressively responsible
related experience.
2. Judqenrant:
Work is performed under general direction, Judqemnt
is employedtonershal the necessary h-, mterial
and/or information resources and to orqanize studies,
swxeys, investigations or inspections independently,
referring to supervisors only in theeventof very
unusual circumstances, and periodically to advise on
progress. Judqenent is exercised in applying qeneral
technical principles to new problems which do not
respond to precedent or established practice.
3. Accountability:
These positions are fully accountable for the technical
accuracy ahdqualityof data collectedorprcducedand
for canprehensive technical~reports with reammandations
as a result of their decision on necessary infonmtion;
fonmt and content of reports; and appropriateness of
recomendations. Such reports are suitable for distribu-
tion outside the Ministry after only general review by
the supervisor. Poor rem d&ions could result in
considerable monetary loss to the Ministry or others and
in damqe to the Ministry's credibility and prestige.
4. Contacts:
Work involves a wide variety of continuing contacts With
qoverrmental and industrial officials at the operational,
technical, professional and sanaqemant levels such as
Chief Operators or Superintendents of water and serge
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treatrrent plants, industrial plant superintendents,
technical, scientific and engineering officials of
their-Ministry, other ProvincialMinistries, the
Governsent of Canada and international agencies.
The,contacts are for the purpose of exchanging infor-
mation, giving advice, publishing interpretative data,
making recomsandations, planning co-operative studies,
or enforcinq requlations. It maybe necessary
occasionally to appear as a witness or technical
expert before public hearings, such as the R-~vironmental
Hearing Board, or a courtof law. In all contacts, the
employee is assumed to officially represent the Ministry
as an expert, and to present Ministry policy."
In a determinationof the issue before this Board, we
would agree with the rationale of Arbitrator Samuels in OPSEU
(John Sit) and Ministry of the Environment, 226/82 at page 15
where it is stated:
. . ..?he Class Standards are very generalized, and there
is considerable overlap in the language employed to
characterize the E&virorm~?~~talTechnician 3 and4. Both
classifications involve hiqhly skilled personnel. The
essential difference appears tobe that the Fnvirormental
Technician 4 does either specialized work, or they function
across several areas. The person in this position must be
able to deal with new problems where there is little
guidance fran his supervisors or operating nenuals."
There can be no doubt that technological change has indeed
affected the job of these two Grievors. While it is true that
technological change alone is not a sufficient reason to justify
re-classification, the -Board finds that the Grievors now perform
specialized work to such a degree as to be deemed specialists in
the time data telemetry system and thus do qualify for the higher
classification.
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On the evidence, it is clear that the Grievors are both
initially and ultimately responsible for the accuracy of the
instrumentation as .a result of the technological change in 1978.
In addition, the Grievors are responsible for the validity of the
data used by the Ministry's abatement section in its enforcement
procedures. The trouble shooting component of the Grievors' jobs
is more difficult and complex as a result of complex electronic
devices. Employees such as the Grievors must deal effectively
with many more components than under the old system.
As indicated previously, the telemetry system in the
Northeastern Region is unique to the Ministry in Ontario, and may
well be the forerunner of more sophisticated electronic air pollution
monitoring systems. The change brought about by the telemetric
system has resulted in dramatic changes in several ingredients of
the job criteria relating to the work performed by the Grievors. With
respect to knowledge, the Grievors have taken training courses in
telecommunications given by the suppliers of the equipment, and the
knowledge required to perform the job is now in the degree contem-
plated by the higher classification which calls for flexibility and
depth of background to deal independently with specialized problems.
The evidence is clear that 85% of the Grievors' actual time on the
job is focused on the real time data system with only 15% of that
time spent on the historical data system and related minor functions.
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Similarly, outside contacts have been extended through
contacts with the supplying company and with personnel in
telecommunications, notably Bell Canada, whose facilities link
the monitoring stations to the.central computer at the Regional
Office in Sudbury.
The Grievors are now fully accountable for the technical
accuracy and quality of the data collected which is the degree of
accountability contemplated by the higher class standard.
Finally, the Grievers now work with a minimum of super-
vision. Formerly, the Regional Supervisor reviewed 60% to 70%
of the strip charts before they were sent to Toronto. Now
the Supervisorlooks at the computer print-outs, which means in
effect that he reviews them after the fact.
In the circumstances, it is not surprising that Mr.
Potvin's predecessor in office, Mr. L. Fits, submitted an up-dated
Position Specification Form in July of 1982 in which he recommended
re-classification for one of the Grievors.
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For the above reasons and pursuant to the provisions
of Article 5.1.2 of the relevant Collective Agreement, the Board
would allow the grievances and award them the classification
sought as Environmental Technicians 4.
DATED at Brantford, Ontario, this 17th day of October,
A.D., 1984.
c
NJ-- L- 4x-
?=
R. L. Verity, Q.C. - Vice-Chairman
_.-
.'
kd rJ &,‘A. 7th lJ ,-, t--3J,
- H. L. Robinson - Member
A. G. Stapleton