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HomeMy WebLinkAbout1983-0107.Parker.83-08-04107183 IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: QPSEU (Michael E. Parker) Before: and The Crown in Right of Ontario (Ministry of the Environment) P.M. Draper I.J. Thomson P. D. Camp Vice Chairman Member Member For the Grievor: L. Stevens Grievance Officer Ontario Public Service Employees Union For the Employer: G.S. Feeley Manager, Personnel Operations Personnel Services Branch Ministry of the Environment Hearing: June 15,1983 Grievor Employer -2- The Grievor, Michael Parker, grieves that his position is improperly classified as Environmental Technician 3 (ET3) and that its proper classification is Environmental Technician 4, (ET4), to which he requests it be reclassified. After four years at the secondary school level, during which his studies included electronics, the Grievor completed the two-year electronic technician course at St. Clair College. He was first employed by the Ministry in June, 1975 under contract as a technician in the physical laboratory at London. After a year, he was given duties related to air quality control. He became a member of the permanent staff in 1978 at which time his position title was Air Instrument Technician, classified ET3. His present position title is Field Instrument Technician. His immediate superiw is J. Alves, Senior Instrument Technician, classified ET4, who is a group leader and a member of the bargaining unit. Alves reports to G. Grosse, Chief, Air Quality Assessment Unit, who, in turn, reports to C. Shank, Manager, Technical Support Section, Southwestern Region Branch, Regional Operations Division of the Ministry. The headquarters of the Section is at London, where the Griever works, and there are two other Field Instrument Technicians employed in the Section, one at Windsor and one at Sarnia. The Position Specification and Class Allocation Form for the Griever’s position, which was drawn up in 1976, is as follows: . m 7n r 2. I. toa 4. i 5. 6. i IO? 7. \ 6. : .i 10: 9. OpWat. mpk.x Dunltorlng lnsiruxnts lncludlng recording. testing ind ts,cw.,terlr equlpmant In order to provlds valid sir quality and mstoorologlcal data ln.,uFF,clr qusntlty. ullbrotlon Thls’lncludar the Instsllatlon and connsctlon of lnrtrumont,. 0, ,,a11 P, and. adJustwant oF’.lnatrunnts. . Conduct a prsvantlvo molntmancs program, naks nscosrary equipment rrpstrr snd conduct dlagnostls snrlysls of squlphant nulfunctlonr In order that th. psr cant OF valid data obtelnod In wlthln the gM1, of thn Air Quality A,rarrwnt &,t. Select and oatabllsh laas taa~lox mJnltarlng sltss. blntaln and roralr the flald statton hwrlngr and trallcrr. Halntaln rupplles OF charts, Ink. Fuel and ullbration gases. tapes. nnd rp,,ra prts. Alart other spprnprl.tr Wnlrtry itnff of unurual rcsdlngs nnd provldo wp,artIng data such .s wind dlrrctlon. Conduct sp~clsl Invsrtlgotlons to dotormlnc rho wurc~ and rnrjnltvrfa OF afr contarl natlon problau I.e. noblle ~urvcyl, vinyl chlorldo survey. Log ttm Parforrmnco OF alI Inrtrwants wlthln the astlgncd dlrtrlct ard rvalusto all data rocordcd on tap-r. charts, etc. Conduct tours of monltorln~ ntotlons for lntorcsted partlo*, such II,, gcvcrw,a”t and nunlclpal qfflclale, rtudonts snd toschar8. -4- / iKlLLi AND KIIDULEDCE RCQUIRCD TD~PERFORlt TI(F. ""RK ~Gnoniedgs of vnrlous leglslarton such as safety rcgul.tlont;buildlng code,, olc;tilcil: ccdcr and prrmlts. -. Hu,t po,ts,s tha physlcal sklllr.'rcqulrod to assemble lnstrrments and tholr.,ndl~lbu,,l ': cunponsnt,, ,smpllnD manifolds, and rccordlng end tclumtarlng equlpmant. lnltlatlvs ts required to seek out and resolve exlstlng and pote,,tlsl problem, elroclate., with the nwnttorlng statlow. Instrucunts and support aqulpment. Hurt ba able to plan and organize actlvltlas and posses, a loglcnl approach to ensure that squlpmant Is properly maIntaInad and problsms are cfflclmtly dIrgno&d and iorracie Must b-a able to Hark wlthln an asslgrwd dlrtrlct dlth mlnlmum rup~rvlslon from the region. offlcs. Hat hc able to co-ordinate and caraunlwts wltn cillbrstlon staff, co-wxkaors, lndustrls abatumnt staff, and other povarruwat offlclalr. Crcarlvlty Is an asset In suggortlng lnnovatlvc solutIoni to monltorlng problems. Accurscy and prsclslon arc essontlal In operatlng and malntalnl~g'~nrtrwnsnt~, callbratlnf inrtrumcnt~, rocordlng and sa~nlcatlng.m3nltorlng data, Intwpretlng technlcal litoratu and report prowratlon. Thl, Lnorledgo and sklll Is nor~lly scqulred by graduarlon from a recognlzod I,lstltuts of tsshnoloqy or a carrrvnlty collcgo, In a course provldlng barlc and advanced knonlcdgc ?f Instruxntatlon. plus several years of rclotsd exparlcnce. Juducncnt .-- Judgcwnt II rcqulred In npplylng the knwlsdgs and skills required to nulntoln fl.old statton,, Instruments, recorders and telrncterlng oqulpment such that a high pcrccntago of valid data Is,produced rcgardlesr OF advcrsltlo dus to cllmato or physlcal varac=terr. OUE to the mlnlwm supcrvlalo. ruppfled to the lncwmbsnt imrklng along In an esslgncd dlstrlct. Judgcment Is necrssery In racognl;Ing unusual complex problems or sltwtlonl end taking 0pprOprtole Sctlm,. and In rocognlrlng contcntlbua Issues uhlch should hc rorerred to a l"pcr"l,or. The porltlon antall, full accountablllty for the accuracy. quellty and complctcncrs of th< air quality and moteorolo,gy data collected In thn asslgncd dlstrlcti It I.3 also rcsponsl: for the security and proper malntcnance of all flold equipment, lnstelleflons and vchlcle~ ussd. ~~ll"r~ to propJrly operaG, nulntaln or rcpolr equlp&ni'could cause damage to uwnslv~ cqulpwnt end cald result'ln the loss of sir quality nod mctearology data c%sentlsl to lndurtrlal abstemnt actIon. air qusllty ssrcssmsnt and achlavcmcnt of the Air Quality A>sermmt Unit goals. Inaccurncy In tarhnlcsl sod rocordlng opcr.tlons or Itipropcr Judgcwnt could result In crronrous data and rub,squcntly Improper air quality reports and Industrlsl abarcmcnt actlon. Data collected Is provldcd to Envlronmcnt Canada, the InternotIonal Joint Co;.rnl,slon, the St,,te of tllchlgan, lndustrlrs a.nd industrial organIzatIona, and the general publlc. d' tlmrefora nurt be of the hlplulst quality to prevent danugs to the Illnlstry'r crodlblllty snd prestige. i i -5- tontocts rcqulrod with trchnlcsl staff of Industries and lndmtrlal~ orjanl:atlons. ?llnlrty staff frm the Alr Cuellty an3 tiatcoroloplcal 5,~ctlm:.~~r!~cn1lbr~rlon grip, the Alr Quality Lolaratory; and the lndustrlrl Abatcm~t.S~ctlon Iii tirdcr to dIscusi.. Cmtacts rbqulrod 4th the poocrel publlc nnd mu~lclral offlclslr to pnrmlt tie InstallI tlon of mltorlng statIoni cm prlvnrc or munlclpal proparty. Hurt-csrmunlcatm with local cwtractors and r~rvlclnp agents to fnwra that tholr murk Is cmductad In accordrncn.wlth tha Job spcclflcatlons. . .+ ’ % \* _I. .C’ ‘\~ ,. .: ,., . ; ,. ;: .’ . . . _. ,.. ‘1, ...;.‘r .” -6- The Grievor works under direction from Alves or Grosse. Basically, he collects air quality data from his assigned monitoring stations, which range from simple to complex installations. He has participated in the selection of some sites for monitoring stations. The setting up of complex monitoring stations would involve one or more other employees of the Section. The Grievor installs, maintains and repairs instrumentation used to collect data. In part because he works at London, where the Section’s repair facility is located, he has been assigned to repair instrumentation for other units of the Section, such as Water Resources Assessment. He has developed new instrumentation and modified existing instrumentation. The other two field instrument technicians are also said to do some development work. The Grievor places orders on the Toronto supply centre for equipment that has been chosen by Grosse for use in the Section. He is in charge of the inventory of spare parts. Evaluation of data collected is done by Grosse. The Grievor and Alves are concerned with instrumentation and monitoring stations. The Grievor is a member of the Region’s Emergency Response Team and the Bruce Nuclear Power Plant Contingency Plans Committee. The Grievor agrees that the statement in the “Purpose of Position“ section of the position specification quoted above is accurate and that the “Summary of Duties and Responsibilities” section properly describes the principal duties he regularly performs. We are satisfied, on the evidence, that the position specification covers approximately 80 per cent of the Griever’s work. Of the remaining 20 per cent, something over half is development and repair work and the rest is work related to complex monitoring stations and membership on special committees. The Grievor does not have any supervisory responsibilities. -7- It is not claimed for the Grievor that any person occupying a position classified ET4 is performing duties reasonably comparable to those he performs. The question that remains is whether the work performed by him over and above that called for by the position specification is of such a nature as to bring his position within the terms of the ET4 class standard. It is suggested on behalf of the Grievor that the ET4 classification series, which is dated April, 1975, is out of date because it has been overtaken by technological advances made since that time and that the resulting higher level of technical competence required of the Grievor places his position in the ET4 dlassification. It seems to us that the Employer’s class standards must be considered to be referable to the state of the art, that is, to the current stage of development of their subject matter. If it were otherwise, the standards would be in constant change, which is surely a contradiction in terms. Altogether apart from that consideration, there is no authority in the Board to find that any class standard in the Employer’s classification system is obsolescent or, indeed, to invalidate it on any ground. The Board has stated in numerous classification cases that we must take the classification system as we find it, our jurisdiction being limited to its interpretation and application in particular cases. A second branch of the Grievor’s submission relies on a decision of this Board, Charbonneau and Skomorowski, 435/80, which, the Grievor was frank to say, led him to file this grievance. In that case the Board found that the two grievors, whose position title was Special Surveys Technician, classified ET3, should properly be classified ET4. A Position Specification and Class Allocation Form dated 1975 and applicable to both grievors had been superseded in 1980 by a new form also applicable to both. In the opinion of the Board a considerable evolution had taken -8- place between the two dates in the quality of the work the two grievors were performing as shown by the evidence of qualitative differences adduced. We do not understand the decision in Charbonneau and Skomorowski to turn on a finding that a position in which an employee continues to perform, or primarily to perform, the tasks falling within the relevant class standard may nevertheless be reclassified upward if the performance of those duties requires the application of progressively more sophisticated technology. There the tasks performed by both grievors changed materially, as a comparison of the 1975 and 1980 specifications and the testimony of the grievors and others demonstrated. As well, the point was made by the Board that the Employer’s class standards are absolute standards as they apply to the determination of classification disputes. Here, the Grievor is carrying out substantially the same duties and responsibilities as he was when first appointed to the position of field instrument technician. No more than 20 per cent of his work falls outside the applicable position specification and is in the nature of special assignments rather than work requiring him to function as a recognized expert in “specialized work” as that term is defined in the ET4 class standard. Further, in our opinion, the fact that he ls working with more .technologically advanced equipment and processes than formerly does not mean that he is not still engaged in the environmental monitoring function with, in the words of the ET3 class standard, “...responsibility for the selection, operation and maintenance of specialized, complex electronic, chemical or mechanical air...monitoring equipment in field locations resulting in the production of validated data for use in environmental assessment programs”. In the result, we find that the Grievor has not satisfied the onus of proving that his position is improperly classified ET3. -9- The grievance is dismissed. DATED at Consecon, Ontario, this 4th day of August, 1983. Giti k LyJh P.M. Draper, Vice Chairman I.J. Thomson, Member 3, .L@-+ P.D. Camp, Member 5: 2400 5: 2410