HomeMy WebLinkAbout1991-0743.Ladouceur.92-01-21 STREET wEST, 5LJITE 2~00~ TO.~ONTO, O,NTAR,'~ MSG ~Z~ TELEF'~O~'~E~TELE'=','~O~vE t,~6) :,26-~,~
743/91
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAININ~ ~CT
Before
THE GRIEVANCE SETTLEMENT
BETWEEN
OPSEU (Ladouceur)
Orievor
~he Cro~n ~n Right o~ On~ar~o
(Ministry of the Environment)
~mployer
BRFO~: W. Low Vice-Chairperson
J. Carruthers Member
C. Linton Member
FOR TW~ R. Stephenson
qRIEVOR Counsel
Gowling, Strathy & Henderson
Barristes & Solicitors
FOR THB I. Werker
~MPLO¥~R Counsel
Fraser & Beatty
Barristers & Solicitors
~EARIN~ December 18, 1991
improperly classified. He is at present classified as Resources
Manager 3 and is employed as a Air Quality Assessment Analyst by
the Ministry of the Environment. He works at the southeast regional
office at Kingston, and in addition to his position of Air Quality
Analyst also is titled Air Approvals Co-Ordinator for certain
purposes.
Filed as an exhibit in this grievance was the position
specification for Mr. Ladouceur's position, which is agreed to
accurately and fairly describe Mr. Ladouceur's position, his duties
and related tasks and the skills and knowledge required to do his
job. The purposes of Mr. Ladouceur's position are to plan and
implement air quality assessment surveys within the southeastern
region, to validate, analyse and report air quality data and to
provide expert testimony in support of air pollution, abatement and
enforcement action. He is also to provide air quality consultation
and liaison services to ministry staff, the public and the media,
and to co-ordinate the.processing of certificate Of approval (air)
applications. His activities lie chiefly in ambient air monitoring
and the air approvals activities of the Branch. The ambient air
monitoring aspect of the Job involves the scientific aspects of air
pollution data and industrial sources of air pollution. As Air
Approvals Co-Ordinator, Mr. Ladouceur is responsible for the flow
of documents related to certificates of approval pursuant to s. 8
of the ~nvironmental Protection Act which provides for licenses to
emit contaminants. It is Mr. Ladouceur'l job to ensure that
documents contain the necessary regional information and concerns
and that they are enforceable.
The skills and knowledge required to perform his Job are
a university degree in applied science, engineering, physics or
equivalent with training and substantial experience in the field of
air quality assessment. Also required are a thorough knowledge of
the principles, theories and practical application of statistics,
computer science, air pollution, : dispersion and modelling
technique, comprehensiveknowledge of air quality instrumentation,
monitoring techniques, meteorology and environmental legislation,
knowledge of industrial processes and environmental science.
Additionally, the holder of the position is required to have
planning and organizational skills, analytical skills, creativity
and communication skills.
No knowledge is required in the areas of water, soil,
forest and wildlife conservation, and there is no contact with
conservation authorities.
The class definition for Resources Manager 3 is as
follows:
"CLASS DEFINITION:
This class covers positions of employees engaged in
more difficult, and more complex professional natural
resources management work. These employees normally work
in the field, attached to a Conservation Authority or in
Head Office as an assistant, or specialist in a resource.
These employees perform all of the duties typical of
the Resources Manager 2 level, but at the 3 level, they
are responsible for the more difficult and complex
authorities. In addition, many of the problems they are
required to solve are of a regional nature and are more
difficult than those normally encountered at lower
levels. These employees are frequently consulted on
Branch policy and their recommendations are valued by
Departmental officials. These employees may be required
to provide technical guidance and assistance to junior
Resources Managers.
~LLS ANP KNOW%~D~ ,
Extensive knowledge of the principles and practices of
water, soil, forest and wildlife conservation with
professional level knowledge in the area of specialty and
working knowledge of related approaches.'
Good knowledge of pertinent provincial legislation and
regulations and some knowledge of municipal organization
and administrative procedures.
Detailed knowledge of the physical and environmental
features of the region served.
OU~j.IFICATIONS:
1. An honours degree in Forestry, Agriculture,
Engineering, Stologyor Geography or its equivalent
from a university of recognized standing.
2. At least five years' progressively responsible
experience in conservation work preferably with at
least three of these years as a Resources Manager 2
or an acceptable equivalent or in the case of a
person with a Master's degree at least four years'
appropriate experience.
3. Tact; integrity; good Judgment."
In order to comprehend the term"more difficult, and more
complex natural resources management work", one must look to the
class definition for Resources Manager 2 which provides as follows:
"CLASS DEFINITION:
4
This class covers positions of employees engaged in
professional natural resources management work, under the
general supervision of a senior Resources Manager in Head
Office and directly associated with Conservation
Authorities as Resources Managers in the field or
indirectly as assistants to specialists in Head Office.
As Resources Managers in the field these employees
represent the Department, give professional and technical
assistance to Conservation Authorities and foster sound
resources management programmes. They prepare briefs
supporting requests by Authorities for provincial and
federal grants and insure effective use of grants
obtained. They may participate in the selection of
projects to be initiated and may supervise Departmental
staff as well as staff of the Authorities in the
development, operation, and maintenance of projects.
They carry our effective public relations programmes to
encourage acceptance of natural resources management
principles as well as acceptance of the current
activities of the Authorities. They co-operate with and
exchange information with representatives of other
departments. They obtain assistance and guidance on
complex problems from specialists in Head Office.
As assistants to specialists in Head Office,
employees in positions in this case prepare reports on
Authority programmes in specific areas, participate in
surveys of new Authorities in their area of specialty,
and assist field officers with programmes, as well as
advising authorities."
It is evident that the nature of the work done by Mr.
Ladouceur is not contemplated in the Resources Manager
classification series, which was drafted in 1966. Indeed, the
position which Mr. Ladouceur now holds did not exist in 1966. In
our view, it cannot be said that Mr. Ladouceur in his position as
Air Quality Analyst manages a resource at all. The nature of his
duties is more akin to that of an enforcement officer, but with a
highly sophisticated and scientific component. On a perusal of the
skills and knowledge required to perform the Job held by Mr.
Ladouceur at full working level, it is apparent that a very
5
different set of skills and corpus of knowledge is required than is
required under the Resources Manager 3 classification which calls
for knowledge of the principles and practices of water, soil,
forest and wildlife conserwation.
The union contends that there is no classification into
which the Grievor fairly fits, and that accordingly a ~L~X order
ought to be made. The employer contends that the Grievor's
position does fairly fit within the provisions of the Resources
Manager 3 class standard, and alternatively urges us to interpolate
into the language of the class standard the word "air", in addition
to "water, ~orest, soil and wildlife", in the "Skills and
Knowledge" provision, and to delete the reference to "conservation
authorities" in the class definition. In short, it seems to us
that the employer is asking that we re-write the class definition
in order that the definition be sufficiently broad to encompass the
Grievor's position.
In our view, it is the duty of the Board to interpret and
apply, but not to re-write the class standard in determining
whether or not the Grievor falls within it. The decision of Vice-
Chairman Samuels in ~eg~!sa~ti/M¢C~bb~n and The ~]nis~ry of the
EnviroBme~t, 114/87, 115/87, is of assistance to us in interpreting
the language of the Resources Manager 3 classification. In his
award, he holds that the Resources Management series covers
positions involved with the management of resources associated with
conservation authorities. The grievors in Negusant~lM¢Cubbin were
classified as Pesticides Officer 3 and were seeking to be re-
classified. One of the remedies proposed was a re-classification to
Resources Manager 3. The grievors in that grievance were engaged
in the pesticides control program and monitoring the terrestrial
effects of environment contaminants. As they were not engaged in
professional natural resources management associated with
conservation authorities programs, Mr. Samuels .held that a
classification as Resources Manager 3 would not be proper.
On the evidence before this Board, it is clear that Mr.
Ladouceur's position and his duties and activities have no
connection to any conservation authority and the duties and tasks
involved in the Griewor's position are not contemplated by the
language in the class definition for Resources Manager 3.
The employer has agreed that of all the existing
classifications, the Resources Manager 3 is the one which in its
opinion most closely fits the Grievor's position. We are of the
vfew thatthe Grievor, in his position as Air QualityAnalyst, does
not properly fit within the classification of Resources Manager 3,
and accordingly we order that the employer create a classification
to suit the Grievor's position. We also order that a suitable
salary be agreed to between the parties pursuant to the Collective
Agreement, and that the difference in salary be paid retroactive to
20 days before the date of the grievance, with interest thereon.
The employer has requested that it be given a period of one year to
formulate a new classification for the grievor in the event that
this grievance succeeded on the grounds that it is testing a new
method of classifying employees intended to replace the current
standard system. There is no specific time frame as to when the
new system will be implemented· Nor is there any suggestion that
under the new system the Grtevor will find effective redress for
his present grievance. Accordingly, we would order that a new
classification be devised for the Grievor within 90 days of the
date of this order, and this panel will remained seized to
determine any issue arising out of the implementation of this
order.
Dated at Toronto this 21st d~y Of January I992
WAi~ LOW
CAROLE, LINTON