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HomeMy WebLinkAbout1989-2023.Anand et al.91-02-06 ONTARIO EMPLOYES DE LA COURONNE CROWN EMPLOYEES DE L 'ONTARIO GRIEVANCE C,OMMISSlON DE SETTLEMENT REGLEMENT BOARD DES GRIEFS DUNDAS STREET WEST. SU.~TE 2 ~00, TORONTO, ONTARffD, M5O IZ~, TELEPNONE/TEL~-,.'=HONE~ .~4 ~E,J 226- ~ 388 RUE OCINOAS OUEST, BUREAU 2~00, TORONTO .~ONTA.~$O]. M5G 1Z8 FACSIMILE~,'TE£EcOPiE. (4~I 32~-t396 IN THE HATTER OF AN ARBITRATION 2023/89 Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT EOARD BETWEEN OPSEU (Anand et al) Grievor - and - The Crown in Right of Ontario (Ministry of Natural Resources) Employer BEFORE:' .W. Low Vice-Chairperson ~..P. Klym Member D. Montrose Member FOR THE P. Lukasiewicz GRIEVOR Counsel Gowling, Strathy & Henderson Barristers & Solicitors FOR' THE J. Knight EMPLOYER Counsel Fraser & Beatty Barristers & Solicitors HEARING: November 28, 1990 DECISION sham Anand, Thomas Leigh Lambkin, Armando Rodriguez, John Ralls, Carlos Sabogal and Gerard Sinkia grieve that they are improperly classified. During the course of the hearing, Messrs. Rodriguez, Ralls and Sinkia withdrew their grievances. The Grievors are classified as Drafter 2, the class definition of which is as follows: This class covers complex drafting work, involving plans with intricate details, difficult mathematical calculation, extensive survey interpretation, basic engineering and architectural principles and a variety of reference data. In some positions, under a professional engineer or designer, they perform drafting work involving considerable minor design.. These employees may supervise a small group of draftsmen performing moderately complex drafting Work. They work under the general supervision of senior drafting staff with considerable latitude for initiative regarding the drafting techniques used.' They are expected to complete work assignments with a minimum of review. The position specification for the Grievors is agreed to reflect accurately the duties and responsibilities of the Grievors, and the summary of duties and responsibilities of the position is as follows: 1. Collects and compiles data required in the preparation of new cadastral and topographical maps, Crown Land annulment, study and investigational plans, township, composite, federal harbour and water lot plans or the revision of existing maps and plans by: - searching records in the Patents office, Office of the Provincial Secretary and citizenship and other departmental files and ledgers for all material relating to the map area (re-registered ownerships, indication of transactions, deeds, patents, etc.); - checking official nomenclature, documents and descriptions, Provincial statutes and Survey Act for material affecting survey plans (official names of features and places, actual locations of areas described in statutes); - selecting of relevant data (current status of land) of all surveyed parcels according to standard procedure; - Listing on.regular form (22 columns); - entering data in appropriate section, using as a reference and checking the source of information such as: date of document found, names of patentees, locations and areas of land types of documents found, etc. 2. Draws special project, topographical and cadastral maps by: - enlarging or reducing, by pantography, reference plans or special Scale base maps and superimposing thereon such data as exploration routes, historical features or notes, early survey systems and lines, and geographic features, and completing in ink on plastic for photographing: - plotting on base map for tracing on plastic, information from highway plans, mining claims, transmission lines, railways and pipeline plans and subdivision plans; - plotting Crown Lands plans, township plans, etc. to accurate scale directly on base map or separate work sheet for tracing; - locating legal survey fabric from survey plans, field notes and descriptions, plotting by measuring courses and distances to scale, interpreting and plotting from land titles 3 - making proportional adjustments in position of surveyed boundaries and topographical features; - plotting by using latitude and departures; tracing exact copy of plotted map detail on transparent plastic or linen overlay, using drafting equipment such as lettering pen, ruling and contour pens, beam compasses, etc. - drafting title, map. symbols, lettering map, using freehand lettering or mechanical devices such as Varigraph, Leroy Scriber and templates to produce maps of artistic composition, balance and legibility; - transferring completed map to supervisor for routine check and approval. 3. Checks maps and plans produced by others in work unit by: - checking map scale by measuring with precision graduated scale, comparing against standard predetermined measurements for accuracy; - comparing prepared material with depa~t~ental or other records such as Patents Office, Office of Provincial Secretary and citizenship, Land Titles office, Mining ~Lands Tax office, etc. carrying out a detailed check of completed work of other draftsmen; interpreting survey conflictions and resolving discrepancies; - computing areas, closure and resultant ties, comparing plans and information submitted : by other departments and the public, against governmental records, in order to ascertain present land status, conflictions, completeness of detail etc..., (i.e. pipelines and transmission lines, highways), interpreting and clarifying field notes and description 4. Prepares final plans from field notes of surveys performed by surveys by performing (sic) such duties as analyzing and interpreting by examining and studying 4 information contained in the field entries of survey and based on the end use or purpose of the plan being prepared; - determines type and extent of information to be shown, i.e. title, certificate, explanatory notes, reference notes, lot, block or parcel limits, measurements and bearings. traverse data, land status, legend, and all other pertinent data, choice of layout, proportion, spacing, size and style of lettering, weight of line, size and scale of plan, conventional signs, symbols and hachures, use of inserts and detailed enlargements, choice of material on which drawing is to be made, regulatory and statutory · requirements. - calculating by application of knowledge of principles of mensuration, geometry, algebra and trigonometry, information to be shown on maps, plans, drawings and field notes, such as summer resort locations, frontages, areas, bearings, triangulation, ·co- ordinates by latitudes and departures, closures and distributing error, resultant ties, segments or curves, astronomical observations for azimuth, etc. - drawing by using drafting instruments, plans of survey and plans prepared by compilation required for the granting of title or other land use authority by the Crown, departmental forms, index maps and progress charts, by performing such duties as transferring to medium selected for the final map, plan, drawing or. chart, by plotting or other means, information secured, completing the finished plan, by the addition of all pertinent information required to be shown, depending on the nature and end use of the plan. 5. Plots current survey data (highways, mining locations, summer ~esort 5 locations, sub-division plans, etc.) and correlates with. existing material on Crown land plans, township plans, etc. with consideration for discrepancies due to ~more accurate base map information. 6. Auxiliary Duties: - drawing charts, graphs, illustrations, pictorial representations, sketches and publications, from rough draft or other information supplied, - as assigned. It is the contention of the Grievors that they ought properly to be reclassified as Systems Officer 1 (S.O. 1). It is common ground that the Grievors were historically (that is, prior to June 1988) at the same organizational level within the Ministry as employees classified as Cartographer 3. Employees having the classification Cartographer 3 were reclassified to Systems Officer 1 in June 1988, and the duties and related tasks for that position is as follows: Within the Geographical Information Services Unit which is the focus in the provincial government for the development of a digital topographic information system and the associated technology, for the establishment and maintenance of the Provincial Topographic Data Base, and for demonstration of this technology in the public and private sectors, position's duties are: 1. Receiving and processing topographic data in either graphic or digital form by: - receiving submissions from mapping contractors, checking submissions for 6 completeness, cataloguing and maintaining the data submitted; - loading the digital map files onto the Ministry's computer system for processing; - processing the digital map. files through a series of Geographic Information System procedures to not only ensure the data contained are complete and correct but also to enhance the digital map files by cleaninq up any improperly coded or otherwise corrupted features and by buildinq topological structures into the digital files. - monitoring project specifications and all supporting material, including aerial photography, to ensure map sheets are complete, error-free, and that the hard copy map and the associated digital map files are in agreement; accepting or rejecting map sheets and digital map files as necessary; - plotting digital map files using CalComp 1077 plotter; - editing digital map data, where minor corrections are necessary, using in-house geographic information system routines or where there are multiple problems advising contractors of changes they are required to make; - reorganizing the digital map files into a series of inter-related coverages in preparation for their entry into the Provincial Digital Topographic Data Base,. ensuring proper relationships are maintained between features; - preparing back-ups of digital data as required. - evaluating new methods & techniques of processing data towards implementing more effective geoprocessing functions. Participates in the preparation of material for mapping contractors, clients and for exhibits, demonstrations and seminars by: - assisting in 'the preparation of technical specifications for mapping proposals and of mapping agreements; - Accessing data from the digital topographic data base and processing it to create varied and customized displays for demonstration purposes or in response to client requests; - performing junior level programming routines such as setting up macros and command files for applications or for demonstration purposes; - preparing a variety of exhibit material including: slides, plots and artwork; - assisting in demonstrations, seminars and exhibits in a variety of ways including operating equipment, explaining software functions and capabilities, etc. There is no suggestion that this position specification does not accurately describe the responsibilities and duties o~ the assistant map monitor holding a classification of Systems Officer 1. The issue before this Board is whether the Grievors, occupying the position of senior map drafter and classified as Drafter 2 are doing substantially the same work or haue virtually the same duties as persons classified as Systems Officer 1 and holding the position assistant map monitor. The evidence of Leigh Lambkin, one of the Grievors, and the evidence of Jeffery Morris, an assistant map monitor, was called on behalf of the Grievors. The Grievors are map makers. They prepare maps or plans that are made available to the public. These maps show the topography of the mapped area and the disposition of Crown lands in the area. Starting with a clean topographical map, the Grievors add to it the township fabric. The end product is called a "G Plan", which shows township boundaries, sub-divided lots, concessions, railways, highways, dispositions of Crown land and all 8 surveys done in the province. The Grievors start their work with a map from the Ontario base map .which is a mylar map which may show some township fabric. The Grievors correct the representations of township fabric using original field survey notes and prepare the G Plan from the field notes. In essence, the Grievors take information recorded in original field notes and plot the information ont~ maps using drafting techniques and record on the G Plan dispositions of parcels of land using information obtained from the Titles Department. The Grievors are, in essence, drawers of maps. ~.~.~ Jeffery Morris, a person occupying the position of assistant map monitor and having.the classification S.O. 1, was called. Mr. Morris testified he works in the topographical data base section of the Surweys, Mapping and Remote Sensing Branch.~ Digitized geographic data comes to this section in tape form. Mr. Morkis takes the tape and loads it onto his own computer. The assistant map monitor then compares the digitized information with the plottings done on map layers which have been prepared by independent contractors. (The ultimate product is a composite map consisting of a number of mylar laywers, each of which contains a - different type of information.) The role of the assistant map monitor is to check each layer for correctness against the digitized information recorded on tape and displayed on his computer system. He is required to assess the importance of errors spotted and to either accept or reject .the layer. 9 Approximately 75% of his time is spent checking plottings and 25% is spent keying in and using the computer system. Mr. Morris' evidence was that he does not draw maps but does plot township boundaries onto the mylar layers with pencil as well as concessions, survey lines, road allowances and the like, in short, creating a cadastral layer. To this extent, the work of the assistant map monitor is similar to that of the map drafter, but the map is actually prepared by the independent contractor after the assistant map monitor plots the cadastral layer. A map drafter takes a minimum.of three weeks to a month to prepare a G Plan from start to finish and some may take over a year. The assistant map monitor will typically check plottings on one to three sheets a day of the topographical map layers. Based on the evidence which the Board heard, I find that the work and the duties of the assistant map monitor are to use digitized information stored on tape and manipulated by computer to monitor the accuracy of mapmaking being carried out by independent contractors. A limited part of his duties involves plotting township fabric or the cadastral layer, but the assistant map monitor does not primarily draft maps. The map drafter takes original field notes in narrative form and using that information creates maps Showing township fabric on a base topographical map. While there are considerable similarities in the type of judgment and knowledge required for both Positions, and while there is a similarity in the end product of the activity of persons holding each position, I am unable to find on the basis of the evidence before us that map drafters are doing substantially the same work or have virtually the same duties as assistant map monitors. Assistant map monitors are using an entirely different technology from that used by map drafters, and they are performing a different function. The function of the assistant map monitor is to check the accuracy of the work of an independent contractor creating maps. The work of the map drafter is to make maps. Whether the threshold is that the Grievors be doing the same work or substantially the same work as persons bearing another classification, I am 'unable to find on the evidence before this Board that the Grievors have crossed that threshold and therefore must dismiss this grievance. DATED at Toronto this.. 6th day of .February 1991. WAILAN LO~, VICE-CHAIRvERSO~- /~/~ i' ~ ~ (Addendum attached) P. KLYM, MEMBER ADDENDUM , I agree with my colleagues on the Panel that the grievors' work is not sufficiently similar to that of the persons performing the work of assistant map monitor (Systems Officer 1, Atypical) to satisfy the requirements of a "usage" application to reclassification. However, I believe one area deserves comment. The disparity between jobs in this map-making area seems to have arisen due to the introduction of new computer-oriented technology to map making. The purpose of the job and the end product has not really changed but the tools and processes used to arrive there have changed significantly. Indeed the concern regarding the potential inequities that could arise from the new technology was evident in the statements in the grievance forms and the requested settlement to be reclassifed and trained on the new technology. During the last day of hearing, we were advised that three of the original greviors who had been classified as Drafter 2 all along were reclassied on September 24, 1990 to Data Processing Technician 6, with a position title of Cadastral Geoprocessing technician. My understanding is that this was largely because they were working on the Timmins project and were using the computer-based technology, whereas the remaining grievors did not have access to the computer technology and were still using normal drafting techniques. With this addendum, I wish to clarify that I join my colleagues in dismissing the grievance on the basis that the work performed is not substantially similar to the job with which we were asked to compare and not on the basis of a different tool or technological process. Had we been asked to compare to the new Cadastral Geoprocessing Technician job which is in the same group and whose purpose and end product is similar, we likely would have had to use different considerations in arriving at a decision. P. Klym, Member