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HomeMy WebLinkAbout1988-1456.Donkers et al.90-05-08 ; ~r~ r ONTARIO EMPLOYES DE LA COURONNE -- CROWN EMPLOYEES DE L'ONTARIO 7 1111 GRIEVA~CE COMMISSION DE . SETTLEMENT REGLEMENT BOARD DES GRIEFS 180 DUNDAS STREET WEST TORONTO. ONTARIO. M5G 1Z8 SUITE 2100 TELEPHONE/TELEPHONE 180. RUE DUNDAS OUEST TORONTO, (ONTARIO) M5G lZ8 BUREAU 2100 (416) 598-0688 1456/88, 1457/88 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD BETWEEN: OPSEU (Donkers et al) Grievor - and - The Crown in Right of Ontario (Ministry of correctional Services) Employer - and - BEFORE: M R Gorsky Vice-Chairperson E Seymour Member D Montrose Member FOR THE I. Roland GRIEVOR Counsel Gowling, Strathy & Henderson I Barristers & Solicitors FOR THE L Szorady EMPLOYER: Senior Personnel Administrator Human Resources Management Ministry of Correctional Services HEARINGS: November 20, 1989 February 28, 1990 ~ c ;: - - > AWARD The two grievances before us are as follows 1- Simon Donkers has the classification class title of Agricultural Worker 4 and holds the position title of Farm Manager at the Burtch Correctional Centre Mr Donkers filed a grievance on November 17, 1988 in which he alleged that he was improperly classified and requested reclassification to the position of Industrial Officer 3 2 Jim Scheffel holds the classification class title of Agricultural Worker 3 and the position title of Groundskeeper at the Burtch Correctional Centre. Mr Scheffel filed a grievance on December 6, 1988, claiming that he was improperly classified and requested reclassification for the position of Industrial Officer 2. By agreement, both grievances were heard together There was a good deal of evidence presented concerning the duties and responsibilities of the Grievors and twenty exhibits were filed. After having heard all of the evidence, we conclude that there was no significant difference between the parties as to the nature of the duties and responsibilities carried out by the Grievors Mr. Donkers Mr. Donkers' duties and responsibilities were agreed to be those of the person responsible for the day-to-day management of the farm complex that surrounds the institution The complex is comprised of approximately 392 acres 295 acres is considered ;< -: 2 farm land Approximately 70 acres is devoted to pasture and approximately 205 acres is devoted to the growing of various grains including corn and to the growing of hay The farm complex would be considered as falling within the designation of a medium sized farm, which the parties agreed was a farm of between 100 and 400 acres. As noted, it was the position of the Employer that Mr Donkers was properly classified as an Agricultural Worker 4 The Agricultural Worker 4 class standard is as follows "AGRICULTURAL WORKER 4 CLASS DEFINITION. This class covers positions of employees who, as senior supervisors are responsible for implementing extensive work programmes, at either institutional or experimental stations or farms or provincial government buildings They either assist the manager of a medium-sized farm: OR direct a large scale subordinate agricultural unit requiring four or more subordinate agricultural staff; or manage a satellite farm physically separated from the main establishment General direction is provided by a professional, administrative or agricultural supervisor. As assistant managers of a medium-sized farm, they contribute to the administration of the entire farm programme. They recommend work schedules, assignment of staff, sequence of operations and a programme of equipment maintenance. They review the work of subordinate supervisors, note the conditions of crops and health of animals and advise on appropriate action in problem areas In addition, these employees are usually responsible for an assigned unit of the farm work where they plan and implement the activities of subordinate staff and requisition the required supplies Employees in these positions are expected to assume full responsibility for the complete farm programme in the absence of the Manager As supervisor of a large scale agricultural unit, they plan, co-ordinate and assign the work of four or more subordinates, give technical direction, evaluate work performance and maintain discipline In some positions, they are supervisors of an extensive landscaping and ~ " 3 gardening operation In other positions, they manage a large dairy operation involving the breeding, testing, feeding and general care of a dairy herd of more than 100 cattle In all positions, they estimate and requisition supplies and are responsible for the discipline of staff and maintenance of equipment in their assigned unit At an experimental station or farm, these employees co-ordinate the agricultural activities of the assigned area. They train, supervise and discipline subordinate staff, determine priorities and estimate and requisition supplies for the unit. They direct their staff in the soil preparation, planting, propagating, fertilization and spraying of vegetable, grain and fruit crops for experimental purposes In the management of experimental livestock and poultry they direct their subordinates in the preparation of special diets, and the maintenance of feeding, breeding and birth records In all these positions, they ensure that the directions of the scientific staff are followed accurately in such areas as temperature control, application of fertilizers and insecticides, pruning, cultivating and harvesting QUALIFICATIONS Basic:- Refer to Preamble CLASS LEVEL REQUIREMENTS: Several years' experience in work at the Agricultural worker 2 or 3 level or the equivalent in education and experience. Supervisory ability, willingness to accept responsibility The Grievor could not fall into any of the categories set out in the class definition The class definition deals with employees work who on a medium-sized farm, a large scale agricultural unit, an institutional satellite farms and at experimental stations or farms In the case of medium sized farms, the class definition covers Assistant Managers For the reasons to be given, I do not find that Mr Donkers was an Assistant Manager and hence could not fit within the paragraph ~ ~ 4 devoted to the class definition covering Assistant Managers of a medium sized farm. Mr Donkers was not a Supervisor of a large scale agricultural unit The definition of terms section in the preamble to the class standard defines a medium sized institutional farm as one from 100 to 400 acres. A large institutional farm is one of more than 400 cultivated acres It is for this reason that Mr Donkers would not fall under the class definition covering Supervisors of a large scale agricultural unit. Although Mr. Donkers is a Manager of a farm, he is not a Manager of an institutional satellite farm as a satellite farm is defined as one that is tlphysically separated from the main institution tl Nor is the farm managed by Mr. Donkers an experimental station or farm. There are key features in the class definition which clearly exclude Mr. Donkers and, hence, he does not fit within the Agricultural Worker 4 class definition either comfortably or uncomfortably It was acknowledged that if Mr Donkers did not fit under the Agricultural Worker 4 class standard, then he did not fit under any of the other designations in the Agricultural Worker Class series For example, the Agricultural Worker 3 class definition deals with employees "who are held fully responsible for the complete operation of an assigned section of agricultural work in a provincial institutional farm IT ; 5 Mr Donkers responsibilities relate to the complete operation of day to day operations of the institutional farm The only way that I could find Mr Donkers to fit within the Agricultural Worker 4 class standard is if I found him to be an Assistant Manager of the farm. Jim Butler, the senior Assistant Superintendent at the Burtch Correctional Centre, to whom the Grievor reports, acknowledged that the Grievor manages the day-to-day operations of the entire farm programme He acknowledged that the Grievor did more than recommend work schedules, assignment of staff, sequence of operations and a programme of equipment maintenance Mr Butler acknowledged that he knows very little about the operation of the farm, or any farm for that matter, and what may appear to be recommendations made by Mr Donkers are frequently formalities Mr Donkers must make decisions with respect to work schedules, assignment of staff, sequence of operations, and any programme of equipment maintenance, pretty much on his own If Mr Donkers is an Assistant Manager, then it is difficult to consider Mr Butler as the Manager. Even a Manager reports to superior authority. There was open acknowledgment by Mr Butler that it is Mr Donkers who is responsible for the day-to-day operation of the farm It is also significant that Mr Donkers has no subordinate Supervisors and no subordinate staff Nor can it be said that Mr. Donkers assumes the "full responsibility for the complete farm programme in the absence of the Managerll, treating ; . 6 Mr Butler as the Manager While Mr Butler has to approve a number of budget related items which are proposed by Mr Donkers, in no way can Mr. Butler be considered to be the "Manager", as envisaged in the class definition The fact that Mr. Donkers does not fit within the Agricultural Worker class definition does not end the matter It is necessary to consider whether he fits within the Industrial Officer class series and, in particular, the Industrial Officer 3 class standard as claimed by him Counsel for the Grievor placed great reliance on the case of Townsend et al 4/85 etc In that case there were a number of classification grievances dealing with employees at the Guelph Correctional Centre. The Board, there, heard evidence concerning the grievance of Mr. Townsend alone. It was there alleged that the grievor (Mr Townsend) was improperly classified as an Agricultural Worker 2 and the remedy sought was reclassification as an Industrial Officer. At page 30 of the Townsend award, the majority of the Board stated that " However, in view of the fact that there is no . . class definition within the class series [Agricultural Worker] which adequately fits the grievor's job, and in view of the fact that the Industrial Officer class series is available to the Employer for classifying employees engaged in work on industrial farms, it may be most appropriate for the grievor to be reclassified as an Industrial Officer II In order to do this, the majority of the Board first had to find that the Industrial Officer classification was available to ~ 7 the Grievor At pp 27-28, of the Townsend case, the majority of the Board stated II In our view, the strongest argument against the suitability of the Industrial Officer class series for a job such as the one before us is that the class series was intended to describe solely non-agricultural jobs or light industrial situations. The problem with such a position is that the class definitions with which we were supplied refer to 'various industries at industrial farms' (Ex 6 Industrial Officer 2 class standard) The board was informed that industrial farms no longer exist; however, we were led to believe that they were working farms where such things as dairy operations were undertaken. In any event, the Industrial Officer 3 class definition refers to 'the Tailor Shop at Rideau Industrial Farm' (Ex 6) , and the Industrial Officer 1 class definition refers to 'the processing in volume of food ... at reformatories and industrial farms' (Ex. 6) so it may be that the industrial farms were not totally agricultural, or that the jobs which were non-agricultural at the industrial farms fell within the Industrial Officer class series, or that agricultural and non-agricultural jobs at industrial farms fell within the Industrial Officer class series. We were given dictionary definitions for 'industrial' and 'industry' Although not from the same source as those read to us, we believe that the following definitions from Gaqe Canadian Dictionary (1983) are essentially the same as those read to us 'industrial . . 1 of or resulting from industry or productive labour: industrial products 2 having to do with or connected with an industry or industries an industrial exhibition. industrial workers. 3 for use in industry. 4 of or having to do with the workers in industries industrial insurance I 'industry 1 any branch of business, trade or manufacture: the steel industry. the automobile industry 2 all such enterprises taken collectively Canadian industry is expanding 3 systematic work or labour 4 steady effort; close attention to work industry and thrift favour success , Counsel for the grievor also pointed out to us that one speaks of the 'agricultural industry' and that the operations with which we are concerned are in essence those of a commercial greenhouse operation. We were also referred to the fact that the bush gang which operated at Guelph at the time of the grievance did not engage in manufacturing or i ~ l I I 8 processing of any kind, and yet was uJder the direction of .. t Industr1al Off1cers. Reference was also made to the fact that both Industrial Officers and Correctional Officers are in charge of work gangs doing basic landscaping work Were it not that the Industrial Officer class series on its face does appear to contemplate work done in non-manufacturing enterprises, and that in fact Industrial Officers work in non-manufacturing enterprises, such as bush gangs, then the argument of the Employer that the Industrial Officer class series is limited to non-agricultural enterprises would be appealing. The argument would be especially appealing since the Agricultural Worker Class series does seem to fit so well to those who are employed in landscaping, and greenhouse operations II (emphasis in the original ) The Board cannot easily overlook the appropriateness of the Agricultural Worker class series where employees are engaged in agricultural work However, when that class series does not fit in the case of a particular employee, as was pointed out in the Townsend case, the Industrial Officer class series may be appropriate. The Industrial Officer classification, which was sought by the Grievor, is as follows: IIINDUSTRIAL OFFICER 3 CLASS DEFINITION. __Employees in positions allocated to this class manage a small to medium or relatively complex production operation such as the Tailor Shop at Redeau Industrial Farm, the Tailor Shop at Millbrook, or the Upholstery Shop at Guelph, or the Tailor Shop at Burwash OR They assist in management of the larger or more complex production operations such as the Brick and Tile Mill at Mimico, the Machine Shop, or the Tailor Shop at Guelph As managers, they are responsible for estimating and procurement of materials, for discussing costs with superiors and for making recommendations on new products to be processed. They make recommendations to a superior on staff personnel matters. ; 9 As assistants to managers, they share the responsibility for quantity and quality of production and for security of inmates They personally perform work requiring technical skill, experience and knowledge comparable to journeyman standing in a trade. These employees train groups of inmates in good work habits and technical skills, control the quality of production assign inmates to various tasks in accordance with their capabilities They prepare daily reports on inmates' industry and conduct. They may take over any position in the production routine in order to investigate and correct complaints or to demonstrate proper work procedures. QUALIFICATIONS: 1 Preferably Grade 10 education; satisfactory completion of apprenticeship in the trade required by the duties to be performed * or an acceptable equivalent combination or training and experience 2. About five years of acceptable experience at the journeyman level in the related trade or industry 3 Supervisory and instructional ability, ability to sketch or explain in such a way as to be understood by unskilled workmen; ability to assess standards of inmates' industry and conduct; ability to deal effectively with inmates; ability to estimate supplies, to establish production methods and to control waste and quality; ability to recommend and evaluate new products for processing * Where the equivalent applies, the person will be required to successfully complete a civil Service Trades Test where one exists Auqust. 1963" Mr Donkers, treating the institutional farm as a production operation, manages a medium sized production operation As a Manager, he is "responsible for estimating and procurement of materials 11 Although he must obtain a signature from either Mr Butler or the Office Manager, he is the effective person in charge of the estimating and procurement of materials function Treating the crops and meat produced on the farm as 10 products, Mr. Donkers is responsible " for discussing costs with Superiors and for making recommendations on new products to be processed." I find that Mr Donkers is involved in training "groups of inmates in good work habits and technical skills . . . II and he controls II the quality of production and [assigns] inmates . to various tasks in accordance with their capabilities " Mr Donkers also maintains " . . . daily reports on inmates' industry II He also " may take over any position in the production routine in order to investigate and correct complaints or to demonstrate proper work procedures " Even if I did not agree with the reasoning of the majority of the Board in the Townsend case that the Industrial Officer class series could apply to agricultural workers, at least where the Agricultural Worker series would not apply, I feel bound by the Blake case to follow the findings of the majority, where those findings were an essential part of the decision Accordingly, we order the Ministry to reclassify the Mr Donkers as an Industrial Officer 3 with appropriate compensation retroactive to a day 20 days before the filing of the grievance We will remain seized of the matter for the purpose of assessing compensation should the parties be unable to agree on that matter. 11 Mr. Scheffel Mr Scheffel agreed that his duties and responsibilities are fairly accurately reflected in his position specification and class allocation form (Exhibit 6) The purpose of his position, as set out in Exhibit 6, is "To plan and implement the landscaping and gardening operation of the institution and general maintenance as required II The summary of his duties and responsibilities, as set out in Exhibit 6 is as follows "1 (80% Plans and implements the landscaping and qardeninq operation of the institution by. Selecting suitable varieties of plants, trees, shrubs and vegetables in consultation with the Superintendent, maintaining upkeep of the grounds' vegetable garden and greenhouses; performing such tasks as mowing grass, fertilizing, cultivating, pruning, planting, weeding, ete , requisitioning materials, supplies, equipment as required, keeping records of agricultural operations, i e projects completed, supplies used, etc.; maintaining all maChinery and equipment used on grounds such as lawn mowers, tractors, etc. in efficient operating condition and requisitioning repairs or replacement when necessary, supervising inmate helpers assigned to these areas and instructing when necessary. 2 (20% Performing general maintenance by. Installing and repairing fences: assisting in the repair of roadways when necessary, maintaining roads and walkway free of snow during winter and instructing and assisting inmate helpers in salting, snow removal, etc , maintaining institutional garbage dump by ensuring that garbage is dumped and burned and dump filled properly, and other maintenance projects as assigned N B The incumbent supervises 2-3 inmates for majority of working time and is responsible for the safety and discipline of these inmates. C R.A. (Salary Note K1) is applicable" 12 Mr Scheffel stated that the greenhouse he is responsible for contains 800 square feet and that he is responsible for growing approximately 15 acres of potatoes and five acres of vegetable crops The potato crop is rotated through more than one field and the vegetable crop is grown in the same five to six acre area. He has no support staff and is assisted by inmates (anywhere from two to thirteen) He stated that the usual number of inmates assisting him is between four and eight. Mr Scheffel is responsible for growing all of the bedding plants used at the Centre and he also furnishes some bedding plants to another institution. He furnishes vegetable plants to the Burtch Correctional Centre and to the Brantford Institution He also furnishes Easter lilies and poinsettias to the Burtch Correctional centre, and to the Brantford and Sprucedale Institutions He is responsible for growing a variety of vegetables, in addition to potatoes. Some vegetables are grown from seed and others are transplanted from the greenhouse He is responsible for ordering seeds and determines what vegetables will be grown He completes and signs purchase orders which are then sent to the Office Manager for signature He meets with Mr. Butler once or twice a week. It is fair to say that Mr Butler relies heavily on Mr Scheffel's expertise, as Mr Butler has no knowledge or experience in the operation of a greenhouse or gardens As in the case of Mr Donkers, Mr Butler could overrule Mr Scheffel, 13 but in the day-t6-day management of the garden and greenhouse operation, it is Mr Scheffel who is responsible. In carrying out his duties, Mr. Scheffel oversees planting, cultivation, hoeing, spraying and harvesting There are a number of mechanized vehicles used by him, such as three tractors, a potato planter, transplanter (from the greenhouse to the field), a number 2 row seeders, potato digger, cultivators and a potato tiller, as well as a number of hand tools The vegetable harvest takes place between July and December and fresh vegetables are supplied to the Burtch Correctional Centre as well as to institutions at Sprucedale, Brantford, Hamilton and Brampton Such vegetables as potatoes, turnips, carrots and cabbages are stored at the Burtch Correctional Centre, either in a root cellar or in cold storage Vegetables must be cleaned, and sorted before storage The growing of plants and vegetables is part of the Ministry's self-sUfficiency programme and there is an ongoing concern for efficiency and the operation is conducted with a view, not only to self-sufficiency within the institutions, but to operating at a profit Mr Scheffel indicated that his decisions with respect to the operation of the greenhouse and garden are made with little or no consultation, although, as was noted, his decisions could be overruled by Mr Butler, and in the case of certain purchase requisitions submitted by him, by the Office Manager .. 14 The inmates under Mr. Scheffel's direction come to him, in most cases, without any previous experience As he stated "There are few persons in jail who are farmers tI Therefore, he must teach them the most basic tasks in accordance with their ability and experience and, based on their ability, and his confidence in them, the instruction that he furnishes involves increasing degrees of complexity He is most concerned about instructing the inmates in the safe operation of machinery and tools as they carry out their responsibilities. In addition to the above responsibilities, Mr SCheffel maintains approximately 20 acres of grounds at the Centre This requires him to cut grass, weed, fertilize, spray for weeds and insect pests ( He holds a Land Class 3 Pesticide Licence issued by the Ministry of the Environment ) He is also responsible for planting and maintaining flower beds He instructs the inmates assigned to him in the layout, preparation of soil and planting of the flowers in beds. He is responsible for trimming and pruning trees, shrubs and hedges and he instructs inmates in pruning methods and in the operation of machinery associated with this operation, such as: 1 Riding lawnmower; 2 One tractor that pulls a flailmower, 3. 20 handmowers; 4 4 "weedeatersU; 5 A variety of tools including rakes, shovels, shears, loppers, handsaws and chainsaws . 15 The above duties and responsibilities, which are found in paragraph number one of Exhibit 6, take up approximately 80% of Mr Scheffel's time Mr. Scheffel stated that included in the items found at paragraph 2 of Exhibit 6 is the duty of garbage collection. The garbage is collected twice a day from the kitchen and from the Centre1s shops Garbage is either taken to a bin or to the dump This responsibility requires an inmate crew of two, which also assists in moving furniture and equipment, which latter responsibility averages one call a day On a daily basis, Mr Scheffel prepares production reports as well as reports as to the use of inmates on the various tasks assigned. He also maintains a variety of statistics for the Self-sufficiency Clerk He also is responsible for the repair and supply of snow fences in winter and for the placement of salt and sand on roadways during the winter, as well as for snow clearance For this purpose two tractors are employed with mounted snowblowers as well as a conventional snowblower. There are approximately five miles of road associated with the Centre that Mr Scheffel is responsible for AS in the case of the other equipment described, Mr Scheffel instructs inmates in the use of the snow clearing equipment Exhibit 5 represents estimates as to requirements for his operation prepared by Mr. Scheffel These are prepared prior to the beginning of the year without any input from Mr Butler ~ . 16 He then meets with Mr Butler, the Office Manager, Mr Donkers, an Office Clerk and the Deputy Superintendent to discuss his operation, including the items that will be grown and he indicates anticipated problems as well as the expected yield The equipment used in Mr Scheffel's operation is repaired by himself with the assistance of inmates. The more complex jobs, such as motor repairs, are performed by a mechanic Mr. Scheffel sometimes works with a person who was referred to as a utility Officer, who is usually a Correctional Officer 2 He stated that the C02 assigned is almost always the same person and it is the C02 who has the responsibility for cutting the grass with inmate assistance while Mr Scheffel is responsible for fertilizing and spraying The C02 will assist Mr Scheffel by pointing out areas where inmates have missed fertilizing or spraying and Mr Scheffel will point out to the C02 areas where grass has not been cut. Mr. Scheffel stated that the C02 also assists him during the potato harvest and that while Mr Scheffel supervises the salting and sanding of roads, the C02 looks after the supervision of the salting and sanding of sidewalks Mr Scheffel indicated that his priority responsibility is with respect to the care, custody and control of inmates and that he was so instructed during the first few weeks of his employment by the then Security Officer, Jim Dignam As soon as inmates report to him in the morning, he reports to the unit He has total responsibility with respect to the inmates until they are 17 sent back to the unit for lunch or supper If there are any problems he may discipline them or lay charges where necessary When inmates are required to leave a task, for example, when they are required to see a social worker, Mr. Scheffel is responsible for seeing that they go to the appointed meeting place , and he informs the person requesting the presence of the inmate when the inmate is on the way to the meeting place In turn, he is notified when the inmate is on the way back to a work site He is required to conduct a count of inmates every 20 minutes, to insure that all inmates are present and accounted for, although he indicated that this is sometimes stretched to 30 minutes Mr. Scheffel has WIMS training which is a training programme ~ inVOlving the safe use of products such as soap, gasoline, diesel fuel, and toxic material found in the workplace When he is absent from a worksite he is replaced by a CO2 In the Townsend case, at p 24, the majority of the Board noted that the grievor did not fit the Agricultural Worker 2 class definition to which he was assigned because he was not a "group leader of two or more employees performing agricultural work at a provincial government building or institutional farm " In addition, there were no other employees who worked as . . his subordinates Further, at p 24 of the Townsend case, the majority noted "The class standards clearly indicate that inmates at institutions do not meet the definition of subordinates " I ~ 18 Further at pp. 24-25 of the Townsend case, the majority stated: II To argue that the grievor is more than a Agricultural Worker 1 and less than an Agricultural Worker 3 and so must be an Agricultural Worker 2 is to ignore what the class definitions say in the Agricultural Worker series It would appear that the progression within the series is based upon greater responsibility in relation to the operation of a particular unit and/or the supervision of employees The Agricultural Worker 2 classification is dependent solely upon the supervision of employees; it is impossible to read it reasonably otherwise. The Agricultural Worker 3 classification is "fully responsible for the complete operation of an assigned section of agricultural work at a provincial government building or institutional farmll and Umay" also supervise up to three subordinates Therefore, unlike the Agricultural Worker 2, it contemplates that there may be no supervision of employees, however, in the sample duties when dealing with greenhouse operation it refers to the Agricultural Worker 3 as being a "supervising gardener" directing the operation of the greenhouse Presumably the phrase "supervising gardener" meas that there must be subordinate employees working there as well Assuming that the grievor is properly within the Agricultural Worker series, and that his responsibility in relation to the greenhouse operation does not meet the test of being "fully responsible" or a "supervising gardener", it is not a proper act of classification, in our view, to place the job in a classification where the duties do not meet the class definition by any stretch of the imagination or of the words used to define the class It is therefore our view that the grievor is not properly classified as an Agricultural Worker 2 In determining this we accept, as indeed all of the cases do, that we must take the Employer's job classification system as it exists This means that the Employer must abide by its own classification system and classify properly within that system Therefore, if it asserts that the grievor's job is properly classified and then is found te have placed the job in a classification in its system which on its face is clearly inappropriate to describe the duties which the grievor performs, then it must reclassify the job II In Townsend, the Griever's duties and responsibilities were much more narrowly focused on the greenhouse operation This cannot be said with respect to Mr Scheffel's duties and responsibilities During the first day of evidence, Mr Scheffel . 19 testified that the greenhouse contained approximately BOO square feet and that he had additional responsibilities with respect to the growing of vegetables, covering some 20 acres and had overall responsibility with respect to the other duties such as cutting grass and maintaining grounds. As was noted in the Townsend case, the Agricultural Worker 3 classification does not necessarily require supervision of subordinates. The Agricultural Worker 3 class standard is as follows "CLASS DEFINITION: This class covers positions of employees who are held fully responsible for the complete operation of an assigned section of agricultural work at a provincial government building or institutional farm They may supervise up to three subordinate agricultural workers At an experimental station or farm, employees at this level are group leaders of two or more agricultural subordinates The work is performed under the general direction of a professional, administrative or agricultural supervisor In some positions, these employees plan and direct the landscaping and gardening operation at a provincial government building. They select varieties of trees, shrubs, flowers and vegetables They requisition quantities of seeds, fertilizer, chemicals and implements They train, supervise and discipline any assigned subordinates In most of the positions in this work area, they direct the operation of a greenhouse and hot and cold frames, supervising temperature, humidity and ventilation controls and providing flowers for institutional use In other positions, which may be non-supervisory, these employees are responsible for a unit of agricultural work at an institutional farm such as the landscaping and/or gardening operation and/or operation of a greenhouse of an area of approximately 900 square metres or the management of poultry and/or livestock. As supervisors in charge of livestock or poultry, at an institutional farm, they plan and schedule the feeding, cleaning and tending of their herds and flocks In these . ~ 20 positions, they conduct the breeding program, cull poor producers, select brood stock and direct the slaughtering of poultry and farm animals. They diagnose ailments, administer medications or refer problems to a veterinarian In some positions, they also direct the separating, bottling, storage and distribution of milk. In all these positions, they plan and estimate production requirements and requisition supplies subject to the approval of their supervisor They schedule the activities of their subordinates and direct them in the care and maintenance of the assigned area At an experimental station or farm, these employees provide group leader direction to two or more agricultural subordinates They organize and direct the activities of these employees in the cultivation of crops and care of livestock for experimental purposes They provide technical advice and check the completeness and accuracy of the work They caution their staff but disciplinary problems are normally referred to their supervisor." Mr Scheffel is an employee who is "held fully responsible for the complete operation of an assigned section of agricultural work at institutional farm " In the Townsend case, the majority found that the Agricultural Worker 3 classification wa$ unsuitable because (p 24-25) " when dealing with greenhouse operation it refers . to the Agricultural Worker 3 as being a tsupervising gardener' directing the operation of the greenhouse Presumably the phrase 'supervising gardener' means that there must be subordinate employees working there as well n The Agricultural Worker 3 classification was found inappropriate because Mr Townsend did not meet the test of being Ufully responsible" or a "supervising gardener" In the Townsend case, the majority ordered (at p 30) , that the employer either create a new classification within the Agricultural Worker series which would not be dependent on . ':t 21 supervision of employees or remove the grievor from the Agricultural Worker class series and place him in the Industrial Officer 2 classification, with the recognition that the Industrial Officer class series is not limited to manufacturing activities The employer in the Townsend case reclassified the grievor as an Agricultural Worker 3, but no new classification was created by the Ministry and the grievor was not reclassified as an Industrial Officer 2 The Ministry revised the Agricultural Worker classification specification by rewriting the paragraph that used to read: uln other positions, these employees supervising a unit of agricultural work at an institutional farm such as the landscaping and/or gardening operation or the management of poultry and/or livestock In most positions as supervising gardeners, they direct the operation of a greenhouse and hot and cold frames to provide floral and/or vegetable requirements for the institution " The new paragraph reads as follows' uIn other positions, which may be non-supervisory, these employees are responsible for a unit of agricultural work at an institutional farm such as the landscaping and/or gardening operation and/or operation of a greenhouse of an area of approximately 900 square metres or the management of poultry and/or livestock." In the Townsend case, this action was found not to be in compliance with the order directed at the Ministry The majority concluded that (p 3) of Townsend No. 2 that "The only way in which it could have complied with the Award was to have reclassified the Grievor as an Industrial Officer 2 or to have reclassified him in a classification in the agricultural series which was comparable to and at the same level as the Industrial Officer 2 It has done none of these things II ~ 7 22 In the case before us, we must view the amended language of the Agricultural Worker 3 series in a different way Mr Scheffel is functioning in a non-supervisory role and he is responsible for a unit of agricultural work at an institutional farm which includes landscaping and a gardening operation, both of which take up a substantial amount of his time It was submitted to us that as the approximate number of square meters in the greenhouse area is 74, the new paragraph would not bring Mr Scheffel within the Agricultural Worker 3 classification The only fact that might cause us to conclude that Mr Scheffel is not within the Agricultural Worker 3 class series is the specification with respect to the size of the greenhouse operation. While the new paragraph does not fit Mr Scheffel perfectly, it is a reasonable fit I am affected by the fact that Mr Scheffel has been assigned a section of agricultural work at an institutional farm and the class definition makes it clear that he need not supervise any subordinate agricultural workers The new paragraph emphasizes that the positions may include non- supervisory ones involving responsibility for a unit of agricultural work at an institutional farm and the responsibilities set out include a considerable portion of the core responsibilities of Mr. Scheffel landscaping and gardening. In the Townsend case, the majority noted the appeal of classifying a person employed in landscaping and greenhouse . .- 23 operations within the Agricultural Worker class series This was not done there because (at p 30) Mr. Townsend was found to fit into none of the class definitions within the agricultural worker class series That is, none "adequately fits the grievor's job " It was really only because of that fact that the . availability of the Industrial Officer class series was resorted to. As was acknowledged by the Employer, Mr Scheffel performs his tasks in an admirable fashion However, to acceed to the submissions made on his behalf, on the facts of this case, would be to say that where employees engaged in agricultural work might be considered to also be involved in various industries, then, all things being equal, they are to be placed within the Industrial Officer class series Where the same duties and responsibilities can, without straining the language employed, be viewed as agricultural, in a primary sense, and industrial only as a result of fairly complex analysis, there is no basis for preferring the industrial officer classification In the result, the grievance of Mr. Scheffel must be denied I would only note, in conclusion, that the result in this case is one that demonstrates that the "logicll of classification cases is dependent on the language employed in the class series To the extent that the result may appear to be unfair, this is a function of the classification system which is binding on the Board ~ i ;"\ 24 DATED AT Toronto, ontario this 8th day of May , 1990. I I ~~~- '~ M. R. Gorsky Vice-Chairperson --~ 7~g-~ E. seymor Kember ~~ ~ -.).tq - ---:r--.- D. Montrose Kember