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HomeMy WebLinkAbout1989-1021.Bezo.92-12-10 Decision ONTARIO EMPLOYES DE LA COURONNE CROWNEMPLOYEES DECONTARIO NEGRIEVANCE COMMISSION DE SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST, SUITE 2100, TORONTO, ONTARIO. MSG 1Z8 TELEPHONE/TELEPHONE: (416) 326-1388 180, RUE DUNDAS OUEST, BUREAU 2100, TORONTO (ONTARIO). M5G 1Z8 FACSIMILE/TELECOPIE : (416) 326-1396 1021/89 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN OPSEU (Bezo) Grievor - and - The Crown in Right of Ontario (Ministry of the Environment) Employer BEFORE: J. Roberts Vice-Chairperson E. Seymour Member D. Clark Member FOR THE N. Wilson UNION Counsel Gowling, Strathy & Henderson Barristers & Solicitors FOR THE S. Patterson EMPLOYER Counsel Legal Services Branch Management Board of Cabinet HEARING February 26, 1992 AWARD I. INTRODUCTION AND STIPULATED EVIDENCE This is a classification case. At the completion of the evidence, it was agreed that the parties would make submissions in writing. In those submissions, the following matters were stipulated: 1. The grievor, Brian Bezo, grieves his classification at the Environmental Officer 4 ("E0411) level. Mr. Bezo seeks to be classified at the Environmental Officer 5 ("E0511) level or, alternatively, seeks an order from this Board that he be classified appropriately within ninety days of the date of the Order of this Board. 2 . Mr. Bezo is a Technical Specialist in Water and Sewage Treatment Plant Processes and the Co-ordinator of his Region's Sludge Utilization Program. (a) Background to Mr. Bezo's Current Position 3 . Mr. Bezo is graduate of Northern College in Chemical Technology. 2 4. After graduating in 1969, Mr. Bezo worked at Microsystems International in Ottawa for one and one-half years doing thin film research. 5. Following his work at Microsystems, Mr. Bezo .moved to Sudbury to work at the Falconbridge Mines in the Assay Laboratory doing chemical analysis. 6. During the latter part of his time with Falconbridge, Mr. Bezo began to work on a part-time basis at the Sudbury Sewage Treatment Plant, at that time a plant operated by the Ministry of the Environment, doing laboratory analysis. At the time, he was classified at the Chemical Technician 2 level. 7. In July, 1993, Mr. Bezo began to work full-time at the Sudbury Sewage Treatment Plant. In 1975 he was reclassified to the Chemical Technician 3 level. During this time, he began to also be assigned elsewhere in the Region to deal with water and sewage treatment plant problems: in essence, trouble-shooting process problems at those plants. 8. In 1978, the Ministry of the Environment turned the Sudbury Sewage Treatment Plant over to the City of Sudbury and Mr. Bezo switched positions to a job classified at the Environmental Technician 4 level. 3 9. At that time, the provincial Sludge Utilization Program began to be implemented and Mr. Bezo was the first Sludge Utilization Co-ordinator for the North-East Region. As well as this function, he was also trouble-shooting in plants and was taking care of the UMIS system. 10. In 1987, Mr. Bezo -was reclassified to the EO4 level. 11. Most recently, since November, 1991, Mr. Bezo has been on a secondment whereby he, another person from the Utility Operations Branch in the South-East Region, two individuals from the Water Resources Branch and one person from Environment Canada are working on a program to evaluate a program to be used to evaluate water and sewage projects. (b) Position that is Subject to the Grievance 12. With respect to the grievor's position that is the subject of the grievance, the grievor works in Sudbury in the Utility Operations Division of the North-East Region of the Ministry of the Environment. (i) Organization and Reporting Structure 13 . The Utilities Operations Division of the North-East Region is responsible for administering and managing the operation 4 of municipal water and sewage treatment plants throughout the North-East Region. There are approximately 70. such plants (or "projects") in the Region. These projects vary in size. 14. The Operations Utility Division is managed by Nels Conroy. Mr. Conroy, who is also the Region's Assistant Director, reports to the Regional Director, Ron Hore. Mr. Hore was formerly the Manager of Utility Operations. Mr. Conroy has-three operations managers, who are operating engineers, reporting to him, each responsible for approximately one-third of the seventy projects. There is also a maintenance group reporting to Mr. Conroy and responsible for maintaining these projects. Mr. Bezo reports directly to Mr. Conroy. 15. Mr. Bezo is identified on the Organizational Chart for the North-East Region as "Technical Specialist-Sewage and Water Treatment Processes". (ii) Description of Duties 16. Mr. Bezo's Job Specification Form also identifies him as a "Technical Specialist-Sewage and Water Treatment Processes. " Both Mr. Conroy and Mr. Hore signed Mr. Bezo's Job Specification Form. 5 17. The purpose of Mr. Bezo's position is described as follows on his job specification: "To co-ordinate and conduct technically complex field and laboratory investigations for the development of processes, technical procedures and equipment associated with the improved treatment of water and sewage treatment facilities; to act as co-ordinator for the sludge utilization program. To provide advice and assistance to waste water and water treatment plant operators and laboratory technicians on matters pertaining to testing procedures, process operation, equipment functions, operations, etc. " As such, all Mr. Bezo's duties are directly related to water or sewage treatment plants. 18. The job specification lists Mr.. Bezo's major responsibilities in his job. The first major responsibility is stated as follows: "To conduct and report on non-routine specialized research studies involving the . development and/or application of municipal water or municipal waste water treatment processes or techniques and provide instructions to plant. staff or process, as for example: . . . " The Job Specification Form then provides a lengthy list of studies the grievor has performed and then goes on to describe the manner in which Mr. Bezo is to conduct his work: "Reports are prepared on the above-noted studies which are suitable for distribution inside and/or outside the Ministry only after general review by the manager. The employee is fully responsible for the technical accuracy and quality of data collected or produced and recommendations made in the reports. 6 The employee works independently in organizing and carrying out his research studies (i.e. lab and equipment) , surveys and investigations. The manager is periodically advised on the progress of the studies. Otherwise he is usually contacted for only general instructions on the studies and for financial and staff support when required." 19. Mr. Bezo's second major responsibility is co-ordinating the Sludge Utilization Program. This Program was identified in oral testimony as a recycling program whereby sludge is taken from sewage treatment plants and applied as fertilizer on agricultural lands. . . . 20. The third major responsibility of Mr. Bezo concerns the Utility Monitoring Information Systems ("UMIS") . This is a computerized system whereby the projects under the auspices of the North-East Region provide data on water quality, processes, etc. to the Regional Office for entry into a computer data base. Mr. Bezo reviews this data to ensure accuracy and compliance with standards and, in the event of non-compliance, brings this matter to the attention of the appropriate management official in order to correct process problems. 21. Finally, Mr. Bezo has a number of other duties as assigned and as reflected on the Position Specification Form. 7 22. Despite lengthy testimony, Mr. Bezo was not cross- examined to any great extent on his job functions and, in any event, not to any extent in which it might be said that he performs other or less than that which he stated during his examination in- chief. 23. Mr. Bezo Is supervisor, Mr. Conroy, also testified and Mr. Conroy's testimony was restricted almost exclusively to his view of Mr. Bezo's qualification as a "designated specialist" in accordance with guidelines prepared unilaterally by the Ministry of the Environment for the designation of E05 positions. 24. Finally, a memorandum from the Deputy Minister, G. S. Posen, dated March 28, 1991, was filed in evidence on consent indicating that the Ministry had made a "commitment" to have the Environment Officer series made retroactive to October 1, 1986 and that that commitment was being honoured. In accordance with the opening statement made by counsel for the Employer, it is not in dispute that should Mr. Bezo be reclassified at the E05 level, he will receive retroactive pay to that date. II. FURTHER EVIDENCE The only factual matter that was not stipulated related to the nature of the grievor's duties with respect to co-ordinating the sludge utilization program. As to this, the grievor testified that 8 the idea was to recycle the sludge as fertilizer for the benefit of its nitrogen, phosphorous and organic content. In order to qualify, however, he said, the sludge was required to meet certain nitrogen to metal ratios because it was undesirable to permit metals to accumulate in the soil. Once the sludge was deemed acceptable, the grievor testified, appropriate sites for applying it as fertilizer were selected from among applications from farmers. The grievor stated that he would investigate a proposed site by checking soil samples, slopes and soil permeability. Thereafter, the grievor said, the user would be required to sample the soil for pH and bicarbonate extractable phosphorous every 3 years. The grievor stated that he used this information in centrally co-ordinating the loading with fertilizer of every site. From this, he said, he would determine the appropriate concentrations of nutrients to be applied. Mr. Mel Conroy, the Utility Manager for the Region, agreed that the grievor performed the above functions in connection with the sludge utilization program. He testified that this was an important programme but that the magnitude of the programme was too insignificant to be accorded the same level as a Part VII Programme or the more significant programmes of other districts. According to the evidence, the grievor spent less than 30% of his time in co- ordinating the sludge utilization programme. 9 III. ISSUES In their written submissions, counsel for both parties directed their arguments to the following issues: (1) Whether the grievor was properly classified as an E04; and, (2) If not, whether the grievor would be properly classified at the E05 level as either a: (a) Designated Specialist; or (b) Programme Implementation Co-ordinator. We will address these issues seriatim hereinbelow: (1) Whether the grievor was properly classified as an E04 For purposes of ease of reference, the class standards for the Environmental Officer Series are appended to this award. It is necessary to refer to this series, and in particular, the standard for the E03 level because the class standard for the E04 level expressly provides that it covers those whose duties are "in addition to the responsibilities described in the E03 standard." It was submitted on behalf of the, grievor that he was improperly classified as an E04 for a number of reasons. These included: 10 (1) The position did not involve any "inspection, investigation and enforcement activities in the environmental assessment and pollution control field", as required by the standard; (2) The position did not involve any "selection, operation . . . [or) maintenance of specialized, complex electronic, chemical or mechanical air, water or waste water monitoring equipment in field locations", as required by the standard; and (3) The position did not involve providing "assistance to other Ministry staff in conducting applied research projects or surveys" as required by the standard. It also was submitted that the additional duties set forth in the EO4 standard did not bring the grievor within its ambit. The grievor did not, it was submitted, work as a group leader or in the advanced investigative and enforcement function as specified in the EO4 standard. As to the application of the EO4 standard to senior Environmental Officers who function independently and assume significant responsibility, it was pointed out that the grievor, while a senior officer, did not exercise responsibilities across a range of several areas as required in connection with this coverage. Counsel for the Ministry submitted that the position of the grievor fit within the Preamble to the EO series, in terms of its application to responsibility for "data collection, inspectional investigational . . . preliminary evaluative and interpretive work on matters relating to . . . pollution control in the natural environment." As to the submissions of counsel for the Union regarding the inapplicability of the EO3 standard, it was submitted 11 that it was possible to characterize certain of the duties and responsibilities of the grievor as falling within the broad scope of the standards at the E03 level. The Board was provided with a chart, not reproduced herein, suggesting how this co-ordination might be made. Similarly, a further chart was provided, again not reproduced herein, in an attempt to co-ordinate the further standards for a position at the E04 level with the duties performed by the grievor. It also was submitted that while the E04 standard did not refer to the research performed by the grievor, its wording could be manipulated in light of the wording of the E03 standard to conclude that it did anticipate the performance of research which was to some extent independent. Having duly considered these submissions, it is our conclusion that the grievor is improperly classified at the E04 level. Our reasons for reaching this conclusion are that the class standard for the E03, which must be read in conjunction with that for the E04, does not appear to contemplate the vast majority of the duties and responsibilities of the grievor. It was acknowledged by the Ministry at the hearing that the grievor's job was unique. Mr. Conroy testified that no other region had a process technician. . The functions assigned to the grievor's job were, instead, performed by operations engineers, the head office group responsible for them, or consultants hired to iron out problems in plants that they probably built. 12 We agree with the submissions on behalf of the grievor that substantial portions of his duties and responsibilities fall outside the scope of those at the core of the EO3 standard. The latter duties and responsibilities appear to contemplate an employee involved in a monitoring or overseeing role. The position of the grievor is more in the nature of a process position. Apart from co-ordinating the sludge utilization programme, the grievor is involved in the development of processes for improved treatment of water and sewage and assisting operators and laboratory technicians in improving the operation of their projects or plants. The nature of his work does not appear to be contemplated within the EO3 and EO4 class standards. (2) (a) Whether the Grievor would be Properly Classified at the EO5 Level as a Designated Specialist It was submitted on behalf of the grievor that even though the latter had not been "designated" as a specialist by the Ministry, it was open to the Board to recognize that the grievor was a de facto specialist within the meaning of the EO5 standard. In this regard, we were referred to Re Hiltz and Ministry of the Environment (1990) , G.S.B. #1376/88 (Ratushney) , in which it was acknowledged that it was within the jurisdiction of the board to do SO. See id. at p. 3 . It was submitted that in the circumstances of the present case, the Board should exercise this jurisdiction. The grievor, it 13 was pointed out, was recognized in his position specification as a Technical Specialist and it was conceded by Mr. Conroy that the grievor did, in fact, function in this capacity. It was further stressed that the grievor conducted field and laboratory investigations and performed specialized research studies in the speciality area of municipal water and sewage treatment plants. These functions, it was submitted, fit well within the requirements of a designated specialist in the E05 standard. It was submitted on behalf of the Ministry, however, that the E05 standard contemplated a much higher level of expertise than that possessed by the grievor for purposes of classification as a designated specialist. ' It was for this reason, it was submitted, that there were no environmental officers classified as designated specialists under the E05 standard. Most persons who would so qualify, it was submitted, operated at a sufficiently high level to be classified in other series pertaining to scientists, engineers or other professional categories. In short, it was submitted, the expertise of a designated specialist had to be high enough to provide him or her with recognized status among professionals in the area. The grievor's duties, it was submitted, did not require more than a moderate level of expertise. The projects or plants that he dealt with, it was submitted, were small with only simple treatment processes. As to the research studies conducted by the grievor, it 14 was submitted that they were no more than simple literature surveys or the application of standard and uncomplicated laboratory tests and theories to individual problems as they arose. Having considered the foregoing submissions, we accept the submission of the Ministry that status as a designated specialist within the meaning of the E05 standard requires professional recognition as an expert in a specialty area. We note that the class standard makes designated specialists "fully accountable" for "decisions made with respect to matters involving areas of expertise/preparation and review of reports. . . . " The class standard goes on to warn that "inadequate technical findings or incomplete documentation of evidence could result in considerable financial losses to the ministry and to other parties and loss of the ministry's credibility and prestige. " These factors are consistent with the submission of the Ministry regarding the level of expertise required of a designated specialist. We also accept the submission on behalf of the Ministry regarding the level of expertise required in the grievor's position. There does not appear to be sufficient evidence to enable us to conclude that the grievor performs at such a high level of expertise as to satisfy the requirements of a designated specialist in the E05 class standard. 15 (2) (b) Whether the Grievor would be Property Classified at the E05 Level as a Programme Implementation Co- ordinator This issue may be shortly dealt with. The evidence indicated that the grievor does not spend any more than 30% of his time in co-ordinating the sludge utilization programme. We accept the submission of the Ministry that these duties do not attract classification as an E05 co-ordinator because they do not form a significant enough part of the core of the grievor's duties and responsibilities. IV. CONCLUSION In the result, then, it would appear that this is an appropriate case for the issuance of a Berry order directing the Ministry to "find or create" a proper classification for the grievor. The Union submitted that in the event that the Board decided to issue a Berry Order, the Employer should be given no more than 90 days to find or create an appropriate classification and reclassify the grievor therein. This seems to us to be an appropriate length of time for purposes of accomplishing the reclassification; however, the circumstances of this case do not appear to justify making an order in this regard. We will retain jurisdiction pending implementation of the terms of our award, however, and will be available to make a ruling should circumstances indicate that imposition of a time limit might be necessary. Finally, it is noted that in their written submissions ' atp«y Grow 2 TLCHNICAL SERVICLS TS-07 RESOURCES SUP IT S Ison" ENVIROKKENTAL OFFICER Class Code Class Title 61500 Environmental Officer i 61502 Environmental Officer 2 61504 Environmental Officer 3 61506 Environmental Officer 4 61508 Environmental Officer 5 61510 Environmental Officer 6 Ettacttve Data issued PaOs 1 of 12 September 1 , 2987 July S. 1988 t _ tporr Oiroup TECHNICAL SERVIC. TS-O7 RESOURCES SUPPO. � � SKtM Class Coda ENVIRONMENTAL OFFICER 61500 - 61510 ERYIROmrm Omcn INCLUSIONS: This series covers positions responsible for data collection, inspectional, Investigational, enforcement, and preliminary evaluative and interpretive work on matters relating to environmental assessment and pollution control in the natural environment. EXCLUSIONS: Excluded from the series are: I. Positions requiring the analysis and testing of samples conducted primarily in a laboratory setting. 2. Positions requiring full professional status for the applications of scientific and engineering principles found in such disciplines as engineering, biology or chemistry. ALLOCATION OF POSITIONS: There are six levels in this series and the assignment of positions to the appropriate levels will be based on consideration of both the summary description and the four compensable factors: knowledge, judgement, accountability, and contacts; 1. The knowledge factor describes both the knowledge and skills normally required to perform the responsibilities of the position. The knowledge element refers to the knowledge of legislation, principles and precedents. The skills element of this factor refers to the approaches, practices and techniques, normally gained through experience, which are required to adequately perform the duties. 2. The Judgement factor refers to the discretion required and the freedom for making decisions within variable parameters. To be considered are such matters as the nature of supervision received, the availability of guidance from such sources as statutes, legislation, technical standards, specifications, and previously established procedures and precedents, the requirement for new and innovative approaches and the variety of alternative choices of action. 3. The accountability factor refers to the scope of responsibility, decisions made and the result of errors. 4. The contacts factor refers to the significance and extent of relation- ships which are a necessary part of the work. The two elements are (a) the mature and purpose of the contact, and (b) the level and authority of the person contacted. EH*cthv Data Issued Page September 1 . 3987 July S, 1988 2 of 12 C+m4«Y Group = TLCWIICAL SLRV1 S TS-07 RESOURCES SVPI T Series Class Code zxv I RoKKENTAL OFFICER 61500 Aft OMCn 1 s • positions allocated to this class involve basic duties principally related -to data collection or inspection in the field of environmental assessment and pollution control. The compensable factors at this level are typically reflected as follows: I. Knowledge:' Sufficient' basic knowledge of air, land, and water pollution control systems and equipment, and environmental assessment technology to perform basic inspections and collect environmental data. 2. Judgement: Work is performed under close supervision and is limited to matters having well established precedents and procedures. All unusual matters are referred to senior staff. Basic technical reports, usually without recommendations, are prepared generally as tables of data and/or standard forms. 3. Acccountability: These positions are accountable for adherence to established guidelines and instructions in the collection of data and for the accuracy of resulting information. Errors should have no significant impact beyond the efforts necessary to obtain correct information. 4. Contacts: . Contacts are limited principally to householders, small contractors, technical support staff within their own ministry, or project operations staff for the purpose of obtaining information. Effective Date Issued g9e September 1 , 1987 July S, 1988 3 0! 12 Category Group TECHNICAL SERVICE. TS-07 RESOURCtS SUPPOA Senes Class Cod CNVIR01MUTAL OFFICER 61502 INYIROKKCNTAL OMCEZ 2 This class covers positions involving data collection and limited analysis or routine inspection work in the field of environmental assessment and pollution control. This is a junior working level position or a position in which employees gain training and experience. The compensable factors at this level are typically reflected as follows: 1. Knowledge: Work requires sufficient technical knowledge to understand the principles and practices of industrial and municipal environmental control, pollution abatement, and land use practices. Positions my involve knowledge of: industrial processes/municipal water supply systems/sewage disposal systems/agricultural activities/waste management/ground and surface water technology/environmental monitoring equipment. Some knowledge of environmental legislation, ministry policies, practices and administrative procedures is also required. 2. Judgement: Work is performed under direct supervision with some discretion to make technical decisions within established practices and precedents and to make minor on—site recomendations. Matters that involve deviation from established practice, however, are referred to senior staff. Judgement Is exercised in assembling data, preparing technical reports and making recomendations, usually in consultation with senior staff. 3. Accountability: These positions are accountable for the accuracy of the data and information collected and for the technical quality of reports and recommendations. The impact of decisions and recommendations, however, is limited as they are subject to review. 4. Contacts: Work involves regular contacts with the general public, contractors, project operations and technical support staff and municipal, industrial and other agency employees at the technical level for the purpose of exchanging information and data. Effective Data Issued Pape 4 of 12 September 1 , 1987 July S. 1988 C�te9ory Group TECHNICAL SERVIL-o TS-07 RESOURCES SUPPOR. ENVIRONMENTAL OFFICER Mass code 61504 MMROKMZ TAI. OMCER ) This class covers positions involving inspection, investigations and enforcement activities in the environmental assessment and pollution control field. In some positions they would conduct investigations to identify, monitor and report on sources of pollution of air, land, or water, including noise, and plan, organize and conduct assessment surveys and monitoring of the natural environment. With respect to pollution control occurrences, they could also effect corrective action by making recommendations for implementation of appropriate abatement measures, and initiate where necessary appropriate enforcement activity to ensure compliance with environmental legislation. They say also be responsible for providing emergency response to spill contingency situations and plant process upsets, to monitor and provide recommendations and/or remedial measures. They may review and process applications and prepare Certificates of Approval.- This class also covers positions which are responsible for the selection, operation and maintenance of specialized, complex, electronic, chemical or mechanical air, water or wastewater monitoring equipment in field locations resulting in the production of validated data for use in environmental assessment programs. They may also provide assistance to other ministry staff in conducting applied research projects or surveys to evaluate new technology, methods, and assess the natural environment. The compensable factors at this level are typically reflected as follows: 1. Knowledge: _ A working knowledge of the principles and practices of industrial and municipal environmental control, pollution abatement, land use and contingency response practices. Positions may involve knowledge of: industrial processes/municipal water supply systems/sevage disposal systems/agricultural activities/waste management/ground and surface m water technology/environental monitoring equipment/court procedures regarding enforcement activities. Knowledge of environmental and related legislation, regulations, ministry policies, practices and administrative procedures is also required. Cood oral and written communicative skills and tact are mandatory. 2. Judgement: York is performed under general supervision with some independence in the planning and execution of field inspections and surveys, complaint investigations and enforcement activity. Judgement is also exercised in the preparation of comprehensive technical reports, interpretation of information and data, the development of remedial recommendations and when representing the ministry at public and municipal meetings, and before the courts and ocher quasi judicial bodies. Ettec:lve Date Issued Page S of 12 September 1 . 1987 July S, 1988 �iseQorir Group TECHXICAL SERVICES TS-07 RESOURCES SUPPORT Series EKVIR0l1NENTAL OFFICER Class Code 61504 L Lavirounestal Officer 3 Cout'd. Is some positions judgement is exercised when: evaluating complaints/— calibrating and servicing instruments and equipment/ensuring appropriate cleanup action at spillshnitiating and/or recommending appropriate legal action and enforcement activity where infractions of legislatioq have been discovered. Persuasiveness and mature judgement are required especially when dealing with complainants, the media, and elected -; officials on contentious issues. 3. Accountability: The incumbent is directly accountable for: collecting complete and accurate technical information/interpreting and utilising information gathered to implement corrective procedures/initiating enforcement activity/maintaining and operating complex equipment in accordance with legislation or established ministry practice and precedents. Inappropriate recommendations could result in some monetary loss to the ministry or others and in loss of the -ministry's credibility and prestige. 4. Contacts: Regular contact is made with the public, industrial clients, the media, municipal officials, consultants, developers, contractors, health officials, emergency response personnel, other Provincial and federal- agencies and elected officials. Contacts are for the purposes of exchanging information, giving technical advice, making recommrendations, responding to contingencies, developing orders, and enforcing provincial ' legislation. The incumbent officially represents the ministry in all contacts and .say be required to appear, as a ministry witness at hearings and in courts of law and to provide information at public meetings. I z1fective Dice Issued Page September 1 . 1987 July 5, 1988 6 0! 12 Category Group TECHNICAL SERVICES RESOURCES SUPPORT Sartas CIS" Code i1tVIROtMF1ITAL OFFICER 161506 DrVIROMMAL O"ICIM h., This class covers positions of employees who, 1t1on to the responsibilities described in the Environmental Officer 3_lstandard, exercise advanced responsibilities across a range of several areas in the enviror ertal and pollution control field- ­ r They say function as group leaders providing technical direction, co—ordinating and reviewing the staff activities, assigning and evaluating technical work, and instructing in technical training programs. Also, in a group leader role, they may participate as a technical advisor on selection boards and in the performance management process by.performing such duties as advising on training and certification courses and work objectives, and say be responsible for recommending the purchase of specialised monitoring equipment and the selection of appropriate sites; M they say be recognised senior environmental officers who have the ability and wide variety of experience to function independently and to assume significant responsibility. They will exercise judgement and initiative to identify and resolve complex and contentious problems; OR in the advanced investigation and enforcement function they may perform at an entry level in which they gain training and experience is both fields. The compensable factors at this level are typically reflected as follows: 1. Knowledge: Work requires the technical expertise, flexibility and depth of background to deal independently with a wide variety of unpredictable environmental problems, where the individual's knowledge say be the only immediate guide to action. Demonstrated leadership, communication skills and a good knowledge of a wide variety of environmental and related legislation and regulations are essential. In some positions which deal with' instrumentation a proven technical proficiency is required. 2. Judgement: Work is performed under minimal supervision. Judgement is employed to co—ordinate the necessary human, material and/or information resources and to organise studies, surveys, investigations of complaints or inspections independently, referring to supervisors only in event of very unusual circumstances, and to advise on progress. Judgement is exercised in applying general technical principles to new problems which do not respond to precedent or established practice and when representing the ministry at public meetings, hearings or in dealings with media. In some positions judgement is ilso required when: recommending appropriate clean—up action at spills/considering recommendations for legal action/interpreting legislation/reviewing reports and recommendations of other technical staff. Ettec;ive Date tasued Page September 1 , 1987 July S. 1988 °� . 1� OrgAM c4taQW7 Group _ TECHX1CAL SERVICES TS- OT RESOURCLS SUPPORT Sees LN Ctasa Code YZYON?fEHTAL OFFICER 61506 Lnviranmental Officer 6 Coated. 3. Accountability: These positions are fully accountable for independent completion of complex work, for the technical guidance and coordination of actions of other assigned staff, for the technical accuracy and quality of data collected or produced and for'-comprehensive technical reports with recommendations as a result of their decision on necessary information, for format and content of reports and appropriateness of recommend- ations; and in some positions for the purchase, installation and _ maintenance of complex monitoring equipment. Reports are suitable for distribution outside the ministry after only general review by the supervisor. Inappropriate recomendations could result in some monetary loss to the ministry or others and in loss of the ministry's credibility and prestige. t. Contacts: Work involves a vide variety of continuing contacts with governmental and industrial officials at the operational, technical,professional and management levels, elected officials, general public, the media, consultants, developers, contractors, health officials, technical, scientific and engineering officials of the ministry, other provincial ministries, the Government of Canada and international agencies. The contacts are for the purpose of exchanging information, giving advice, publishing interpretative data, making recommendations, planning co-operative studies, or enforcing regulations. They may be called to give evidence on technical matters or to appear as an expert witness !-- before administrative tribunals such as the Environmental Assessment i Board or a court of lay. They may be required to matte presentations at public meetings or represent the ministry on citizens' liaison committees. In all contacts, the employee officially represents the ministry. Effective Date Issued Page C�n►an} .♦ 1 1 OA7 .lulu S. 1988 8 of 12 Category Group TECHNICAL SERVICES TS-07 RESOURCES SUPPORT Series ENVIRONMENTAL OFFICER Class Coda 61508 INVIRfliMMTAL Omcn S This class covers positions of employees who, acting at a s!alox level as pro ran implementation co-ordinators, have direct responsibility for co-ord lust ing Me activities of branch and/or regional personnel as they relate to the appropriate program area OZ act as des+ isnated specialists for brad hes or rt&io ns (both proiram implementation co-ordinators and designated specie s f-un—c-tTon in a spedialty area within mu, ni_cipal or industrial solid waste/liquid waste/emission control/complex assessment` surveys) OR act as officers in the iWeWtigation and :enforcement function who must make decisions independently, using oonU heir knSWFex Ige, skITTMM experience as guides in such matters as collecting and analyzing evidence such as financial records/company books/ waybills, gathering intelligence on violators and preparing and assisting ministry lawyers with prosecutions. The compensable factors at this level are typically reflected as follows: 1. Knowledge: In some positions, employees would have proven leadership, organizational, communicative and project management abilities. In other positions, employees will be required to have extensive knowledge of environmental investigation and enforcement procedures or proven technical knowledge such that the employee is recognized as an expert In -a specific field. A thorough knowledge of a wide range of environmental legislation, regulations, and policies as well as a working knowledge of related legislation and regulations is also mandatory. 2. Judgement: Work is 'performed under general direction. Judgement and tact are essential to co-ordinate the necessary human and/or information resources and to design and organize branch/regional studies, surveys, Investigations with minimum input from supervisors. Performing as a specialist, a very high level of judgement is necessary since the person may be the prime ministry representative dealing with industry, municipalities or consultants and may develop options independently and present then to a client group. As environmental investigators, judgement is required to implement appropriate legal action. Judgement is also required when collecting evidence/taking statements/observing rules of evidence/preparing and serving legal documents. . EH calve Data Issued ( PaOa . 9 of 12 i Cat�ory Group t _ TECHNICAL SERVICES TS-07 RESOURCES SUPPORT Series MIROKMEHTAL OFFICER Cass Code 61508 =avirousental Officer S Cont'd. 3. Accountability: In positions allocated to this level, employees are fully accountable for: co-ordination of program and staff/decisions made with respect to natters Involving areas of expertise/preparation and review,of reports/preparation and execution of prosecution packages. Inappropriate..recomoendat tons I Inadequate technical findings or incomplete documentation of evidence could result in considerable financial losses to thq ministry and to other parties and loss of the ministry's credibility and prestige. t. Contacts: . , The work involves a vide variety of continuing contacts with governmental and industrial officials/at the operational, technical, professional and management levels/court and other enforcement agenciss/elected officials, the general public, the. media, consultants, developers, contractors/health officials and technical, scientific and engineering officials of the ministry, other provincial ministries, the Government of Canada and International agencies. ' The contacts are for the purposes of exebanging information, providing advice and direction, discussing complex technical matters vitb experts from outside agencies, preparing and assisting lavyers vith prosecutions, publishing interpretive data, making recommendations, planning co-operative studies such as research projects funded by the ministry or, enforcing regulations. They UZ be called to give evidence on technical matters or to ageear as an expert witness before adafnistrative tribunals such as the Environmental As` sessment Board or a court of law. They may be required to make presentations at public meetings. In all contacts, the* employee officially represents the ministry. I Effective Date Issued Pape c..... ....i... t t00� 4..1.. c 4000 10 Ot 12 nispCxr Group i TECHNICAL SERVICES 07 RESOURCES SUPPORT ENVIROXMrYTAL OFFICER 615 Coda 61510 ' +ironnestal Officer 6 Coated. Contacts: The work involves a vide variety of continuing contacts with governmental and industrial officials at the operational, technical, professional and management levels/elected officials, the general public, the media, consultants, developers, contractors/health officials and technical, scientific and engineering officials of this ministry, other provincial : ministries, the Government of Canada and international agencies. The contacts are for the purpose of exchanging information, giving advice, discussing complex technical matters with experts froo outside agencies, publishing interpretative data, making recommendations, planning —� co—operative studies such as research projects funded by this ministry or enforcing regulations. They may be called to give evidence on technical matters or to appear as an expert witness before administrative tribunals such as the Environmental Assessment Board or a court of law. They may be required to make presentations at public meetings. In all contacts, the employee officially represents the ministry. i s ectfve Data issued Page 1 s of 12 S 7tember 1 , 1987 July S. 1988 1-6 both parties agreed that the remedy of reclassification should be made retroactive to a point in time 20 days prior to the date of the grievance. The grievor, of course, will be entitled to receive interest upon this retroactive payment in accordance with the Hallowell House formula. DATED at London, Ontario, this loth day of December, 1992. R. LY. Rob ts, Vice-Chairperson i i E. Seymour, Union Member D. Clark, Employer Member `— Category Group TECHNICAL SERVICE: ITS-07 RESOURCES SUPPORT Series ENVIRONMENTAL OFFICER dssa Coda 61510 ERVI1 OKME tM OMCER 6 This class covers positions of employees who, under the administrative direction of a program manager. function as designated divisional or ministry implementation co-ordinstors of major ministry pro rants which are complex in nature and may have an inter-divi r minisR-M acct They are the principal 1 a son officers and sppo espersons responsiblecfor t5e development, implementation, monitoring and evaluation of programs designed to address unique environmental problems/issues; OR they act as group leaders is the Investigation and enforcement function; OR they coordinate inter-regional and/or inter-jurisdictional special investigations. The compensable factors at this level are typically reflected as follows: = 1. Knowledge: Work requires an advanced knowledge of ministry organisation, Acts and Regulations, administrative and technical policies, directives, guidelines, procedures and practices. Work also requires demonstrated program development and management skills. In sosae positions, proven analytical, leadership and investigative abilities are required, as are demonstrated human resource management skills. In the investigations and enforcement group leader positions, a thorough knowledge of appropriate legislation, legal practices, procedures and precedents is essential. 2. Judgement: York is performed under very general direction. Judgement is employed in: establishing priorities/recommending procedural changes to programs/defining projects/organizing and co-ordinating major Invest igations.Judgement is also used in determining the impact of program initiatives and changes on municipalities and/or industries. 3. Accountability: These positions are fully accountable for: developing abatement strategies/soundness of recotsmendations for program initiatives and changes/developing and co-ordinating complex projects/the accuracy of findings and reports/the effective utilization of human, material and financial resources/co-ordinating and reviewing the development of prosecution packages. Poor project management or inadequate technical findings or incomplete I documentation of evidence, could result in considerable financial losses to the ministry and other parties and Ioss of ministry's credibility and prestige. E?fec:ive Cate Issued Pape SenEember 1 . 1987 July 5. 1988 11 of 12