HomeMy WebLinkAbout1986-0877.Greer et al.89-05-25J
O N TA RIO
CROWN EMPLOYEES
DE LA COURONNE
L'ON TA RIO
GRIEVANCE
SETTLEMENT
BOARD
COMMISSION DE
REGLEMENT
DES GRIEFS
180 DUNDAS STREET WEST, TORONTO, ONTARIO. M5G 1Z8 - SUITE 2700
780. RUE DUNDAS TORONTO, (ONTARIO) M5G 1Z8 - BUREAU 2700
TELEPHONE/ TELEPHONE
(476) 598-0688
IN THE MATTER OF AN ARBITRATION
Unde
.THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
Be tween :
OPSEU (Greer et al)
Grievor - and -
Before:
APPEARING FOR
THE GRIEVOR: . .-
APPEARING FOR
TXE EMPLOYER:
HEARING:
The Crown in Right of Ontario
(Ministry of Natural Resources)
N . V - D i s s anaya k e
I. Freedman
A. Merritt
oye c
C.V.
Counsel
Gowling & Henderson
Barristers & Solicitors
- Vice-Chairperson - Member - Member
D.B.. Labord
Counsel
Hicks, Morley, Hamilton, Stewart, Stone
Barristers & Solicitors
April & 12, 1989
2
D E C I S I ON
The grievors, Terry P. Greer, Kendall D. Dewey, W.
Moore, Alexander and R. Hemp,
grieve that they have been improperly classified as
Resource I- and seek a declaration to that
effect together with a direction that they be properly
classified. In the alternative, the grievors seek to
be classified as Resource Technician 111.
These grievances are variously dated between 'July
15 and 30, 1986. In the summer of 1987 the grievors were
reclassified by the Employer as Resource Technician If.
At the hearing the Employer took the position that the
proper classification for the grievors is Resource
Technician
At time of the filing of the
grievances, the grievors were employed by the Ministry
of Natural Resources as Park Wardens ("PW") at the
Sandbanks Provincial Park ("Sandbanks") at Picton,
Ontario. As PW's, their primary responsibility is the
enforcement of a number of statutes within confines
. of Sandbanks. It is on this basis that the grievors
claim that as enforcement officers, they do not properly
belong in the Resource Technician (RT) series at ail.
3
In deciding a classification grievance, the Board
may look at two factors: (1) whether the disputed
position, when measured against the relevant class
standard, is properly classified;
employee or employees performing
grievor have been included in a
At the outset, Counsel for the
Board that will not be relying
in (2) above. However, counsel
and (2) whether another
the same duties as the
higher classification.
grievors informed the
on the "usage" argument
made comparisons of a
PW's duties with those of a Conservation Officer and a
member of the Ontario Provincial Police in an attempt to
establish that PW,s are essentially law enforcement
officers as opposed to resource technicians. Counsel for
the Employer attempted to contradict this by drawing
parallels between the duties of a PW and Security
Officers employed at Sandbanks.
The Board is required in this case to measure the
duties and of the grievors against the
class standards in dispute. The relevant preamble and
the class standards in the RT series are as follows:
P REAMB LE
RESOURCE TECHNICIAN SERIES
This series covers the of
employees engaged in the performance of
operational duties in any one or more of
4
specialized services, Forest Protection,
Fish and Wildlife, Lands, Parks,
Research,
Employees in positions allocated to this
series may perform a variety of duties ranging
from those of a manual nature requiring only
a relatively elementary understanding of
natural resource nanagement to those of a
technical nature requiring independent
judgement.
Entry into this series for candidates who
are graduates of an approved Technical School
in Resource Management an approved related
discipline is at the Resource Technician 2
level. At this level such employees receive
training in practical aspects of theories
studied and, as experience is gained, daily
supervision is reduced to instructions
covering specialized technical problems.
Positions involving full time performance
of Fish and Wildlife management and/or
enforcement duties are restricted to employees
who are graduates of an approved Technical
School in Resource Management.
Research Branch positions allocated to
the third level in this series will normally
be under
filled by one grade for a period not
longer than one year, to allow for
necessary "on the job" training in specific
research aspects of the duties involved.
Positions will be allocated to a specific
level in this class series only when all the
requirements of that level have been
fulfilled.
5
DEFINITIONS FOR USE WITH THIS SERIES
Service:
Functional field equivalent of a Ministry
e.g. Forests, Mines, Fish arid
Wildlife, Parks, Conservation
Field Lands.
FOR RANKING FISH HATCHERIES
Type A year round trout culture.
Type B seasonal pond culture.
Type C trough or jar culture.
CRITERIA FOR RANKING PARRS
1. Camper days
2. User days
3. Large natural
4. Complexity because of special situations.
Revised 1, 1973
CLASS STANDARDS:
RESOURCE TECHNICIAN I
This is the working level of employees
performing a variety of manual and
skilled duties which require only a relatively
elementary understanding of natural resource
methods applicable to their particular work
area. The knowledge required to carry out the
responsibilities of positions allocated to
this class is generally acquired through
detailed instructions received on the job and
through working experience.
SKILLS AND REQUIRED:
6
Some mechanical aptitude; ability to
operate power and drive
October 1, 1970.
CLASS STANDARDS
RESOURCE TECHNICIAN 2
This class covers positions of employees
responsible for performing a variety of
skilled and/or technical, production oriented
duties in any
or all departmental services.
They may be required to take charge of casual
employees in such activities as fire
suppression, tree planting, lake surveys, etc.
They may also be assigned specific duties
which contain some latitude for decision-
making,
such as scaling, property assessment,
technical laboratory
or field work, etc. At
this level technically qualified employees,
may receive practical training in
complex
resource management work e.g. Fish and
Wildlife management and/or
technical research work, basic
management, etc.
SKILLS AND KNOWLEDGE REQUIRED
1. ,Ability to control work of others,
ability to meet and enlist co-operation of
public.
2. Good knowledge of operations in the
specific area of activity concerned.
CLASS
RESOURCE TECHNICIAN 3
This class covers positions of
performing demanding and
technical duties containing
latitude for decision making e.g.
check scaling; compiling lake development
data; training fire crew; operating type "C"
parks or type "C" hatcheries; carrying out
Fish and management and/or
enforcement work; gathering, assembling
compiling technical or scientific data,
preparing technical reports and/or plans;
assessing technical of nanagement or
scientific projects and submitting technical
recommendations, etc. in any assigned of
responsibility.
They may supervise and/or train regular
employees or take charge of groups of casual
employees and, in this context, organize
schedule activities within the general
framework of laid down plans or instructions
and assume responsibility for the quality and
quantity of production
and for the work
performance of assigned staff.
SKILLS AND KNOWLEDGE REQUIRED:
Ability to organize projects and
supervise implement at ion ini
ability to assimilate new techniques to be
applied in a variety of situations; good
understanding of resource managenent
principles.
8
On of the grievors, was by
the grievor Moore (presently Enforcement at
the grievor (presently a of the
Ontario Provincial Force) ad Bruce
a conservation officer who had previously had
co-ordinating ,enforcement
Sandbanks. The Employer led no viva voce evidence.
Sandbanks is a environment park of some 3005
acres, renowned for its beaches. The park includes a
day-use area as well as a camping ground, consisting of
411 campsites, each site holding six persons. The
for the park commences a few days before Victoria Day in
May and ends on the Thanksgiving Day weekend in October.
The PW are by the Ministry only this
season, although for PW's ends after
the Labour day in September.
370,000 users visit in a season. On a long-week
end approximately 18 thousand users per day may
attend. There can be to 2500 overnight campers at the
park.
A policy statement of the Ministry states that any
of the following are minimuin qualifications required for
eligibility for designation as
PW:
1. Graduation from an enforcement
at the Ontario Police College, plus
at a regional or district
or form of local and
orientation, a satisfactory
At one season's work
in a provincial park, plus graduation the
park course, plus attendance at a
regional or district enforcement workshop or
form of local training and
plus a satisfactory
3. Previous appointment and experience as
a police officer, a conservation officer a
deputy conservation officer or a park warden
in some other agency, plus graduation the
park warden's course, plus attendance at a
regional or district workshop or
some suitable of training and
orientation, plus a satisfactory reference.
4. Successful completion of at least one
year of a Community College Law and Security
Course, plus graduation from the park warden's
plus attendance at a regional or
district enforcement workshop,
plus a
satisfactory reference.
However, Mr. Moore, who as coordinator is
responsible for the hiring of testified that in
consultation with the Sandbanks Superintendent, a
decision was reached that as a minimum, to be as
a PW at Sandbanks a candidate have completed a
year law
and security
course at a community
also have experience.
college
are to successfully
a Park who has
as a of a Force or as a
Officer is from this The 6
course consists of a number of subjects related to basic
law, the Constitution, the powers of search, and
arrest and self-defence. Considerable is spent
Liquor Licence Act and the provincial Parks Act.
Every 5 years
addition, every
which is mainly
changes in the
a PW must repeat this course. In
year there is a 2 day regional course,
a refresher course in self-defence and
law relating to search seizure
...
arrest. do not include any training in
resource management. Mr. Moore testified that a
graduate in Resource who has no
qualifications in law and security or who has no
enforcement experience will not be hired as a PW at
Sandbanks. Similarly, the evidence further establishes
that graduation in the field of resource management is
not
a requirement to be hired as a PW at Sandbanks.
Section 13 of the Provincial Parks Act stipulates
that, among others, park wardens "have ail the power
authority of a member of the Ontario Provincial
Force" In addition, under section of the
Provincial Parks Act, PWs have been designated as
provincial off of f purposes of
liquor in in a
of open containers in a vehicle.
are laid far consuning
to a and having care and ccntrol
of a vehicle while under influence. Charges
laid Narcotics Act, for
of illegal drugs. Under the Traffic
Act, charges are laid for offenses such as speeding and
failure to observe stop signs. The PWs
tine must also enforce the provisions of the
Code. This includes thefts, of prohibited
weapons and assaults. Mr. Moore tsstified that
period of 9 have 12 rapes
Sandbanks. If there is a serious
the park, the PW's their
will
also call in the
The "tickets" by PWs to offenders
by the OPP. When an offence is detected, a
has to decide whether to simply warn the offender, to
12
is lai.d, and to trial,
or alcohol seized by a he has responsibility
producing In or disposing of
may be. As a general matter, cost
are noise rowdy h o
conflicts between park The evidence is that
of these problem are rdated. A
are carry use batons and
They wear uniforms which very to that worn
by Police officers except that the colour is
PWs do not carry any fire-arris. The at
operate two one rented unmarked car, all of
which are radio very
like police cruisers except that they are
and white. They with
lights similar to those on police cruisers and
authorized to use For a of years,
assisted at road blocks up within Sandbanks the
OPP as part of to d2tect
intoxicated motorists. If a PW stops a vehicle at
it is who will lay the charge.
Since the filing of the grievances, have also
started administering the on park
under a programme known as The breathalizer
13
is to a user is about
from the park. If the
a ?W has the to suspend the
driver's licence for to 12 hours. If the is
"red zone", the PW calls the in and hands
over.
The evidence that in the "shoulder
seasons", i.e. a days before and the
PW's assist in some maintenance work such as putting up
or removing signs and storing equipment etc. However,
no maintenance is done by PWs during the season although
they may put back road signs that have been pulled off
or fallen. For maintenance, has its
maintenance staff. the trafficgets busy, PWs
direct traffic. They transport float noney
gate to the office and almost on a
basis make deposits in the bank which is about 10 miles
from Sandbanks.
In the union witnesses also
agreed that if a asks for directions, e.g. to find
a washroom, they would oblige. Indeed, they agreed that
they try to be of assistance to the park user in any way
they can. This included boosting a dead car battery and
assisting motorists who their car keys locked in to
open a on
to ensure that park and procedures
If is a 2.g. that a
a PW will investigate and it
if he can. If it is beyond his ability he contacts
maintenance staff. The evidence is that PWs do not
operate power or tools (other
three
The job description for PW was filed in evidence.
The evidence of the witnesses do not disclose any
significant inaccuracy in the job description. We do
not intent to review the class standards in detail hers.
However, having the duties and qualifications
of we find that their job has little relationship to
any of the class standards in the RT series. While they
do some non-enforcement work, it is abundantly clear
that they are law enforcement officers and that
enforcement have little to do with natura;
resource All three class standards in the
RT series a knowledge and use of natural
resource methods. The RT 1 requires an
knowledge of those methods and that
complexity through the
RT 2 and RT 3 job classes.
require little
or no application of natural
The class standards envisage some degree
15
part of the In of job
those have
PWs are
with powers to
Besides, little
anything
to a
keep the and
within their jurisdiction.
The fact that in carrying out
protect the
of natural
job.
re sour C es
their duties they
is incidental.
is not the focus of
also
the
no justification in classifying as resource
On the contrary, it is our that
of the three RT class standards fit the position- of
PW, and accordingly this grievance must succeed,
The remedy is to direct the Employer to
properly classify grievors. Despite union counsel’s
submissions, we see no to depart from the Board’s
usual practice of limiting retroactivity to 20 days
prior to the date of filing. Nor do we see any need to
put any specific conditions with regard to
compliance with the Board’s directions,
A. Merritt