HomeMy WebLinkAbout1990-1595.Penney.92-08-20 : ONTARIO EMPLOYESDE LA COURONNE
CROWN EMPLOYEES DE L'ONTARtO
GRIEVANCE COMMISSION DE
SETTLEMENT REGLEMENT
BOARD DES GRIEFS
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[595/90
Under
~E CRO~ ~P~YEES COLLECTi~ B~AINING ACT
Before
T~ ~RI~CE SE~L~ BO~
BETWEEN'
OPSEU (Penney)
Grievor
The Crown in Right of Ontario
(Ministry of Natural Resources)
Employer
BEFORE: J. Samuels '- 'Vice-Chairperson
M. Lyons Member
M. O'Toole Me~her ..
FOR THE R. Blair
GRIEVOR Counsel
Cavalluzzo, Hayes & Shilton
Barristers & Solicitors
FOR THE M. Failes
EMPLOYER Counsel
Winkler, Filion & Wakely
Barristers & Solicitors
HE~/~ING 'February 14, 1991
August 7, 1991
July 29, 1992
David Penney is a Fish and Wildlife Management Officer in the
Ministry's Ignace District in the Northwest Region. He is cIassified as a
Resource Technician Senior 2 (RTS 2). ~He claims that he is not properly
classified and that he ought to be classified as a Resource Technician Senior
3 (RTS 3).
The Preamble to the Resource Technician Senior series, and the
stan_d~rds for RTS 2 and RTS 3 are appended to this award, together with a
Position Specification, which the parties agree describes accurately the
grievor's duties.
The grievor plans, organizes and .impleme~ats the Fisheries and
Wild_life programs in the Ignace District. His Supervisor, Mr. D.' Lawson,
has general responsibility for Fisheries, Wildlife and Forests. The Ignace
District is the only place in the province where there is a Supervisor having
responsibility for Fisheries, Wildlife and Forests. Generally, there is one
Supervisor for Fisheries and Wildlife, and another for Forests. But Mr.
Lawsbn's expertise is in Forests. The District does not always have a
fisheries Biologist (the position is currently not filled), and for some of the
time when there was one assigned to the District, the Biologist was
undergoing a process of familiarization with the situation in the District.
Thus, it is the grievor who provides the primary expertise in the District in
the matter of Fisheries and Wildlife.
The grievor has served the Ministry since 1968. In 1981, he moved
into management (in the labor relations sense) as a TM14, responsible for
coordinating the conservation officers and for fish and wildlife
management. He was promoted to TM16_.for brief periods when he was
Acting Fisheries and Wildlife Supervisor, Then, in 1989, his duties in his
management position were carved up and the grievor wound up back in the
bargaining unit with the task of fish and wildlife mar~agement.
While a TM14, the grievor prepared the fisheries management plan
for the District for the period 1987-2000. This plan will be revised as time
3
progresses (it is contemplated that there Will be a revision every 5 years,
the first in 1992). The grievor has the responsibility for implement'_mg the
plan and for making revisions as necessary.'
On the wildlife front, there is n6 long-range plan in the Ignace
District, but it is the gfievor who carries out the planning and management
tasks contributing to Regional and Provincial discussions concerning
caribou, moose, and bear. ' '
Many of the grievor's functions with respect to fisheries and wildlife
carried on seamlessly from the period in which he was classified as a TM14
into his time as a RTS 2.
Is the grievor properly classified as a RTS 2?
Having responsibility for Fisheries and Wildlife, the grievor is
responsible for a "service~', as opposed to a "sub-service". The Preamble
to the RTS series says, at the bottom of the page, that a "service" is "a
functional field equivalent of a .Ministry Division, eg ...... Fish and
Wildlife".
In the first paragraph of the RTS 2 standard, we "see that this
classification covers employees who exercise technical control and long
range operational planning of a "sub-service", or who act as the senior
assistant to district technical or professional specialists.
The grievor is more thaa either of these categories. His purview is
an entire "se~ice", and he is the district technical specialist, not the senior
assistant.
The grievor is not properly classified as a RTS 2.
Oh the other hand, he would be properly classified as a RTS 3. As
the first paragraph of the standard says, this is "the working level of non-
professional district staff specialists' with district-wide responsibility for
long-range operational planning, standards control, policy interpretation
4
and recommendations within a service". '13 tis describes the grievor
precisely. He is the non-professional qistrict staff specialist. He has
district-wide responsibility for lOng-range operatiomd planning, standards
control, policy interpretation and recorfimend~ tions. And he does this
within a "service".
He ought to have been classified as RTS 3 and we order that this be
done as of twenty days before his grievance. He is to be compensated fOr
any difference in remuneration as a result of his improper classification,
and he is to be paid interest at 8% compounded annually on any sum from
the date it ought to have been paid to the date on which it is paid.
We will remain seized to deal with any matter arising Out of the
implementation of this award.
Before concluding, we must say a word about an apparent
inconsistency between the Preamble to the RTS series and the language in
the standards themselves. . .
The second paragraph of the Preamble says that the working level of
"non-professional district staff specialist positions" is at the RTS 3 level.
And the paragraph goes on to impose an onus on senior management to
provide reasons if such an employee is not classified at this level. This
paragraph makes no distinction among "non-professional district staff
specialist positions"--it appears not to matter what the employee is actually
doing. A reading of this paragraph in isolation suggests that i~11 "non-
professional district staff specialist positions" ought to be classified at the
RTS 3 level, unless management can provide good reason for some other
classification. --
On the other hand, the standards themselves speak of the specific
functions performed by the non-professional employees. In particular, the
RTS 3 standard says that 'such employees are not only "non-professional
district staff specialists"--but they must also have "district-wide
responsibility for long-range operational planning, standards .control,
policy interpretation and recommendations within a service". So that,
from a reading of the 'standard alone, it appears that' not ail' "non-
professional district staff specialists" are to be classified as RTS 3. It is
only the specialists with the particular district-wide responsibilities
mentioned who are to be classified at the RTS 3 level.
We make no comment on how this apparent inconsistency between
the Preamble and the standard itself is to be resolved. Wed simply note the
poim. It is not necessary in this case to go any further than this.
Done at London, Ontario, this 2otb day of August , 1992.
,~L W. Samuels, Vx6e-Chmrperson
M. Lyons, Member
M. O~roole, Member
~LAS S S TA~,NDARD:
- p REAM3LE
RESOURCE ~C~ICL~, S~IOR
~is series covers ~e positions~qf ~Senior Tec~ici~s in the
field of natural resources m~ag~ent. Some positions are those of
s~c!a!ists conceded wi~ pl~q, the Provision of. ~c=ional
advice, poli~ ~d st~rds contro~] o~er positions ~e ~ose
su~isors involved ~ the ~lementat%on of varied and compl~
resource ~ag~en= proxies. ~e basic re.~r~ent for
~ps is a ~orough ~ledge of the principles of resource
m~ag~en~ ~d te~cal ~e~ise.
~e work~g level of non-professional district staff specialist
positions is at ~e Resource Tec~ci~, Senior 3 level. However,
positions ~y be allocated ~e or bel~ this level, if, in the
asses~ent of senior m~ag~ent,. =he priority given ~o the
~ag~ent objectives of the se~ice(s) places greater or lesser
d~ds on ~e ~sition th~ is ~ically fo~d on a province-wide
basis. ~e reasons for su~ ~ asses~en= ~st be meaninq~lly
do~ented ~ senior ~aq~en= ~ each instance. In ~y such
allocation, ~e roll,lng ~ conditi~s .~s~ be met:
(a) ~e n~er of ~sitions at the Reso~ce Tec~ici~, Senior 3
!evil in ~y individual ~ice ~s= be greater ~ the
n~er of positions ~ove ~is .level.
(b) ~e n~er of positions a~ ~e Resource Tec~ici~, Senior 3
level in ~y ~viduai se~ice must be..~eater th~ the
n~er of positions bel~ ~is level.
Resea~ ~Br~ch positions a!locate~'to the first ~d second
level ~ ~is series will noilly be ~derfiJ.ied ~ one grade for
a period not longer th~ one year, to alt~ for necessa~ "on uhe
job" training in s~cific research as~cts of the duties involved.
Positions of Senior Tec~ici~s assi~ed to the Head Office
~r Regional Offices are allocated to specific levels in this class
series on a c~parative basis with district positions in re!etlon ·
to such factors as plying, st~dards control., poli~
in~e~retation ~d ~pl~entation, po!i~ reco~endations, etc.
Positions will be allocated to a specific level in =his
class series only when all the retirements of that level have
been ~a! fil!ed.
DEFINITIONS FOR USE ~ ~IS SERIES
Se~ice:
~ctionai field e~ivalent'of a ~nistry Division, e.c.
Forests, ~nes, Fis~ knd Wildlife, Parks ~ Conse~ation
Authorities, Field Se~ices, L~ds.
F"_nc-~iona! field equivalent of a Minist---.? .Branch, e.c.
F~res~ Ma.~.agemen~, ?.inera! Resources Y~nagemer.~,
:~ildllfe .U~nagemenn, Parks ,~.anagemenn, Fire
L.= .~.d s A~inis ~ration.
(ever)
CLASS STANDARD:
RESOURCE TECHNICI.%~. S~IOR 2
This class covers positions of employees .responsible on a district-~de
basis for technical control and ion~ ran§e_ope~ational plannin~ of a
sub-service, OR who act as the s~enior assistant to district technical or
.professional specialists in determiniag methods and techniques, Lmplementin=='
and interpretin~ po]J. cy, contro~ sr~andards, preparing lon~
opera.omni plans and developin~ new policies :for ~ sub-services in one or
~re -~ervices on a dis~rict-wEde
Positions of employees responsible on a dEstrict-wide basis for fEeld
control of T~her revenue sources a~e ~l~o included at ~s level.
Posi:ions o£ emploTees who are f,,1 1 time supervisors are a]_locace'd co
this level when the~ are responsible for supervision of $~a£f, work plznnin§'
and implementation, budgetin§ and budge~ control and overa//k asm~,~ s~ration
of ~he.ma~oritw of sub-services in ~ services present within a Ch/el Ran~er
Di~sion or an equivalent ,~-!t or or~-~zation, ~_~ where the number of
re~tlar and/or probar/onary staff permanen=l7 assigned to such unit is 24 or
less. ~llocation :o this level will be ma. de only when .both criteria are
fulfilled.
Supervisors of tTpe ~" parks am/ %-y~e "&" hatcheries are a/located to
this level. Also included are positions 'of empl~/ees who are se. cond-in-Char§e
of t~pe "A" tree nurseries.
In ~he Research ~ranch, 'this c/ass cover= positions of non-professional,
carr,/in~ out various technological phases.of advanced research, ar~ required
to advfse Research Scientists in matters of costs, manpower, equipment,
necessary for the operation of a research station, research vessel or a
research tree nursery and, who assume on a year-round ha$£s., adm/n/strative,
o.Der~tional, t~ai,~-§ and/or supez~-isury duties necessary for the. operation
of such a research unit ~nd take charge of such a uti: as required.
SEw.~-~ AND ~U~tEDGE KE~U~{ED:
l: Aam~nistr-~tive a~ supeI~risor,/' ability) ~bili%7 to deal effectively
with o~her-agencies and the public) abilirI to carry out lon§-~ange
opemtionaI plam~ing and de,a/led work planning.
2. A ~ood =-eneral ~nowled§e of departmental le~slz~ion, administration
and the specialized ~bjec~iwes and procedures of ~t~ various serwices.~
preferably completion of special trai~in§ courses in such areas as
Timber, Fish and Wildlife, Forest P~otection, Lands or ~arks,
M~nA~ement a~d A~st~tio~. --
Oc=abe~- L. !9.-0.
C r _~t~ STUN D~D:
RESOURCE ~ECHNICI.%~, S~NIOR 3
This class covers the working level of non-professior~! district staff
specia]_Ls~s with disTrict-wide responsibiliTY for long-raage operational
planning, standards control, policy iuterp.reta:ion and reco~rendations
witkizl a service or & combi~ar/on of services.
Also covered are positi.ons of full-time supe~rvisors who are responsible
for supervision of staff, work p/Annin~ and {mple~ntation, budgeting
budge= control and overall adm~.i stracion of .all sub-services (Type
parks and hatcheries or Type "~" and "B" tree nurseries may be excluded) in
all services present within a Chief Ran§er Division or equi¥~ien~ unit of
organization an4 where the number of re~lar and/or proba=iona:-/ staff
permn~en=l7 assi&ned to such unit is more than 14 bu~ less than 35.
Positions of full-time supervisors who'are responsible for .supervision
of staff, work p~--~-g and implementation, budgeting and bud&et control and
oyez-all admin/s=ra:ion of the ma~orit/r of sub-services in all services
present within a Cqzief Ran~er Division or an equivalent ,,-~ t of or&-adli-_atio~
and where the number of re~//Ar and/or probatioua'.ry staff permanently
assi&ned to such unit is more than 24. Posit/ohS of full-time suDervisors
are allocated to ~h{s level only when _b. oth criteria,
responsibi//ty and of number of staff, are fulfilled.
SKILLS m~D KNOWLEDGE REQUIRED: -'-
!. Proven adminisTraTive and supervisory ability; ability ro carry oug
long-range ope :-a ti onal planning and detailed work planning; initiative
and creative ima~nationl tact and diplomacy required to es=abkLsh
effective working relationships with senior n~mbers of organized
public groups and industry~ public relations and public speaking skills;
proven leadership abilities.
2. Expert knowledge of legislation pertinent to & speci&// --- ed field of
resource management; thorou&h knowledge of tke ~e~er~l mi~isteria. L
legislation, policies, objec:ives~ etc., and &ood understandin~ of
the Mini$cry' $ service~
Cccober !. 1970.
.w":? L~j/~ -. Position Specification & Crass Allocatlon-CSC. 6156
tfer to back of form fo~ completion instructions)
s,,,,,~,,: =~==e 09-1311-15 Resource Tech, Sr.2(BU) - 41111
a~anch and SeCtion bo~tlofl ~Ge~ll40L°c'
Fish and Wildlife X~ace
To plan, ocg~iz, ~d ~l~nt tho Flohegie. ~d W~ldlifo p~r~, consis~en~ wl~h MLni~ry
planning processes, under ~ho general su~ision of ~he Fish, Fo=o~s and Wildlife
Su~rvisor.
-~ete~fle. ~ec~eat~Qaa~ uso of the Y~sh ~ wLldXLfe =eo~rce. eLthe~ consumptive o=
40% -~nL~ors's~rategies' ~d ~a~lol deso=~.d ~' tho FiSheries N~ag~en= Plan dete~fling
resources ~
-plea, o~gan~ze.~ ~lemon~a and 8u~aeo the a~atLc h~i~a~ inventory
w~thLa the district through the Fiaherios ~nag~en~ Pl~ an~ wL~h input from
asstot~ce f=~ othe~ ~nb ~d WLIdl~fe s~aff for ~tockLng endeavors; (con~'d)
'4. Skills anti knowled~ required to Ixrform job &t full ~king level. (~i~tff ~to~ ~tislt ~ i1~, if
TeChnical skills ~d ~l~go a~ the level usuall~ ass~t~ with the successfu~ completion
(cost'd)
S. C[llJ lllG~t[~ Cl~ 11114 ~. C~s c~ O~u~f~ ~ sum~ Eff~t~ date
Resource Technician, ~nior 2 4~ 1 I I TS~T
A. Pos~ion of employee who ~s responsible on a d]s?ric-wlde bas]s for technical con?~ol
long-range operat~oqa~ p~ann~ng of the fisheries and ~]ldllfa manage~n$ p~ogram.
s. Posit[on Is responsible for budgeting and budge? control of the F~sh and W~ld]~ P~ogram.
~sl~ion ~mple~n~s and Interprets pollcy (answecs inquirles, explainin~ policies, legisalT~cr
'o public and s?akeho[ders, e~c.).
Instructions for completing form CSC-6150
L/se II,is form as in~icatecl below lot all ~s~t~ons
Classified Fulr and Pa~-trme positions: Form 1o
Unclassllled Seasonal Positions (~rottp 3): Complete Sect,one ~ and $ except tot the Funclio. al Cools i:ox in Secl~on % a*d he eva;u~-
li0n rationals in Section 6.
All other positions: CompletSon el this fonr~ in furl ct al ~ O~1 ,l~ve ~c~t U~B~i[i~ ~ea~ P~tions. is
Instructions for coding Po~ttlon Identifier In,ructions for c~ing Seasonal Wo~
u~i~ PoNlions o~. Feb. May Aug. -No~.
Grip 3
w~kt ~ m~ Oul ~e~ ~han 4 m0Nha 3 Buil~ ~e ~ tol~
Other Cron ?
· M~le'~. Lc.. Summer. Fall Winter
instruCtOrS ~0r ~ding ~ch, ~ts. Wo~ ~. indicts
NOTE~ ~e av~age ~ (hl ~ctu~ ~url ~tk~ ~l~ Mnimel.~r 4 ' su~m ~nM~t~e ~ ~=, 3
t~l ~n. A~ C~a~ ~o the Sc~edul~ H~ Of W~k
r~ui~e the a~a~lis~menf an~ d~umentaa~ of a ~pa~ale NOTE: M~tip~e ~a~ musi ~ consecut~e ~o ~ua],~ a~ one
F~sh and ~L[dl~e ~anageman: Of~cet 09-1322-15
Duties and Related Tasks (co=~"d) . .
o~d~ns~o= ~d Conse~a~$on Off$ce=e of pol[~ ~d [n~e~=e~e~on Of regional
Ln en~orc~ent of bea~ manaq~n~ a~eae ~d fl~ fisheries ~la~[ons ~d
~ldelinee ~
-co-ordinates and ~nL~a~es e~fo~c~en~ ~ro~uree fQ~ c~cLa[ fLa~Lnq Lite.cee,
returns and ~otal. ~[le. briefs and /nEonS/on ~o lu~ ~ case at ~t~e and
-a~m ~n an enforcemen~ ~ole du~Lng ~ak enactment ~ri~. ~.e. o~n[n9 of moose
season, wa~erf~l aeason ~ valleys sea.on.
2. Interprets Provincial, Req[o~al and D~st:ric~ objectives and s:rateqiee £n dete~Ln£n~_
20t -conducts ~nte~l~. with clientele (~, ~o~ist ~ltte:s) ~o dete~ifl8 t~eir ~eeds
and roc~nd[~g .olu~ion~ to p~bl~d t:o en~e meeting ~ge:a;
licencing a~ h~est~g
3. PLans, coordinates and men,Sera,he d£atz'£ct Fish and Wildlife budget acting as b'=dgeC
2S% -coOrdinateS ~d correla2ei =he a~/sa:on of the C.C. ~=d[natof~ Fisheries Biologist
maflne~ to efleure acc~lie~n~ of pla~;~ ~goc. ~d ~ec~enda ~anefer of ~undo
spear likely~ [ con~' d)
page 2
Fish and Wildlife Management Officer 09-1311-15
Duties and Related Ta~k~ (cont'd)
Provides for the protectio~ of FIs.h and Wildlife habitat by performing such 6u=ie9 as:
-participating On Tl~er Hana9~en~ Planning te~s and ~n~uring the= all F~sh and
-ensuring Fish an~ Wildlife concerns are addressed on Work Pe~i~ A~plica=iefls
-assisting ~nnerva=lon Officers with fish h~i~a= invee~igation under =he F~sheries
-conducting lns~c~one ~o'onoure co~liance/ef~ec~veneaa of F~oh and Wildlife
prescrl~ions in =elation =o authorl~ a~iviiiee such ae T~e~ ~anag~n= and Work
~lntai~ed w~th Municipal ~nC~l~, T~LB~ ~f~=~ers, ~ttage AssociationS,
~d Fls~ Clef, s~akeholdors and ~he ~blic o~=. to all~ the MlniSt~ to achieve
10% -an~=n ln~iem, oxpkai~in~ ~lic~m8, l~lsla~ion ~d pr~=~, a~mndin~ mee=ings,
wildlife habitat ~ideiinos and fish and wlLd~lfo
where neceesa~ ~ln~aine ~rk echedule~ ~or seasonal e~aff;
-Ac~o for Fish, F~ros~G and WildXifo $u~isor In his ~sence;
-as assigned.
Skills and ~ledgo (con,'d) ..
~og~eusive~y ~es~ns~la ex~lence ~n Fish and W~ldlife p=ogr~a as wel~ aB comp~etion of
and good Judgment. G~ ~rkl~q ~ledge of legislatL~n (G~B and Fish Ac=,
of =he ~ Work P=o9r~ Planning Pz~r~, Freed~ of Info.atLas A~, Occupational