HomeMy WebLinkAbout1983-0228.Mathai.83-08-30Between:
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
OPSEU (Sebastian Mathai) Grievor
- And -
The Crown in Right of Ontario (Ministry of the Environment) Employer
Before: G. Brandt Vice Chairman
T. Kearney Member
P. Coupey Member
For the Grievor: J. Miko
Grievance Officer
Ontario Public Service Employees Union
For the Employer: A. Cuttler
Senior Personnel Representative
Ministry of the Environment
Hearing: August 16, 1983
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AWARD
The Grievor,complains that he has been improperly classified
as Statistician 2 and requests that he be reclassified to Statistician 3
effective November 1, 1982.
The Grievor was originally employed in October, 1973 as a
contract employee doing data analysis in the Great Lakes Unit of the Water
Resources Branch of the Ministry of the Environment. In December, 1976,
a vacancy in a classified position occurred and he was classified as an
Environmental Technician 2. Two and a half years later his position
specification was rewritten and he was reclassified in April of 1979 to
Environmental Technican 3. There was a subsequent reorganization in the
Department with changes in his duties and he was re-classified to a
Statistician 2 in September of 1982. The Grievor discussed this reclassifi-
cation with his Section Head, Mr. F. Fleischer. The matter was sent to
Personnel and the Grievor's position specification was rewritten. However,
he still was classified as Statistician 2.and ultimately filed this grievance.
The Griever's position title is Co-ordinator EDP Systems,
: Great Lakes Program. This is a position in the Great Lakes Section of the
Water Resources Branch of the Ministry of the Environment. The position
specification for this position describes the purpose of the position as
.follows:
"To carry out and provide expertise and overall coordination
of all computerized data management systems (eg SIS) and
analysis activities for the Great Lakes Section. This
includes the provision, development and acquisition of computer
programs and services; computerized execution of complex
statistical, graphical, mathematical modelling procedures
.and data base management; and the training and overseeing of
section staff in computer operations and applications."
The summary of duties and responsibilities provided in the
position specification are as follows:
The Great Lakes Section is responsible for the planning
and implementation of surveillance activities and water
quality investigations and pollution assessments carried
out under the Great Lakes program (Canada-Ontario Agreement).
The incumbent is responsible for the Great Lakes computerized
data base management (eg. SIS - largest data base in MOE)
and for statistical analysis, modelling and computer presenta-
tion of data generated through field activities thereby
making this information suitable for use by the Project
Scientist in interpreting the effects of specific waste
sources on water quality and water use and in assessing
the extent of and reasons for changes in water quality.
The major responsibilities are:
1. Development, modification, documentation and application
of computer programs~ for the statistical analysis,
predictive modelling and computer graphical presentation
of data by: 50%
7
conferring with Project Scientists to determine the
analytical requirements and techniques that will best
meet their needs;
selecting, developing and applying appropriate statistica
plotting, modelling and file formatting programs and . . . routines;
modelling);
leg. trend and time.,series analyses; dispersion
optimizing the use of computer facilities for PDPll and
HP9825 computer, peripherals and remote terminals through '
development and implementation of interactive programs
and user manuals;
selecting and applying available packaged programs i.e.
SPSS, SAS, SYMAP, sui,table to the objectives of the
project;
preparing written reports of procedures used in analyzing
data and results obtained for inclusion in project reports
and for use of staff.
.' Maintenance and custody of Section's computerized data L.
systems (SIS) and library of computer programs by: 35%
1,
- editing and correcting all sample analysis data received
through LIS-SIS and to ensure quality of sampling, coding and
lab analytical results (the SIS-Great Lakes system is the
largest data system of the Ministry);
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3.
maintaining the Great Lakes data base (SIS) and software;
identify need and co-ordinate improvement to the SIS systems
in conjunction with the Laboratory Services Branch (LIS)
and Systems Development Section;
reviewing computer hardware and software needs and reconnnen-
dation of equipment and software acquisition; retaining
maintenance and custody of computer hardware and software;
liaising with MGS-DCC and IMB in solving hardware problems
in remote terminals and peripherals for Branch;
design and implement data management files for data systems
not included in SIS (eg. sediment, radioactivity).
Trains and oversees professional and
use of computer facilities by: 15%
technical staff in the
training staff in the application of
and predictive modelling techniques;
scheduling use of Section's computer
safety and security of such;
statistical, graphical
facilities and ensuring
providing assistance and guidance to scientists and direction
to technicians in the application and use of statistical?
graphical and predictive modelling techniques and reviewing
results thereof to ensure completeness and accuracy of
output;
provide technical support to staff from other sections
resardinq their use of TEKTRONIX interactive qraphics and
HP5825 (no technical support available from MGS,'DCC for
these systems)."
The Grievor agreed in general with the suggestion thatthe
position specification accurately described his position and his duties and
responsibilities. What he contests, of course, is the appropriateness of
the classification of this position as Statistician 2. In order to under-
stand the basis for his grievance it is necessary to set out the evidence with
respect to the nature of the duties which he performs with particular reference
to his working relationship with other members of the Branch.
The Grievor reports directly to the head of the Investigations
and Assessment Unit of the Branch. In formal terms the incumbent in that
position is the Grievor's immediate supervisor. However, he also has a
similar relationship with the head of the Surveillance Unit. The reason for
this is that much of the work conducted in the Great Lakes Section concerns
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the design and the implementation of a number of projects relating to the
study of water quality in the Great Lakes System. Insofar as those projects
involve the activities of both the-,Investigations and~Assessment Unit and
the Surveillance Unit the Grievor as Co-ordinator of the EDP Systems for the
Great Lakes Program may find himself working with personnel in each Unit.
Those personnel occupy a number of different positions with
varying classifications. Included among these ,are the classifications of
Scientist.4; Scientist 3 and Scientist 2, Engineer,. Environmental Technician
2 and 3, and Statistician 2.
It is unnecessary to set out the evidence with respect to the
nature of the Grievor's responsibilities in connection with Items 2 and 3 set
out above under the Major Responsibilities of his position. The basis for his
claim that he should be given a higher classification lies primarily in the
nature of the duties he performs with respect to the completion of the various'
projects which the Section carries out.
The Grievor identified some of those projects in which he has
been involved. One was the Toronto Harbour Water Quality Study, a project
which was headed up by Mrs. Griffiths and which involved a number of sub-
projects concerned with a bacteriological study, a head land land fill study,
a sewage treatment plant discharge study, and a waste source monitoring program.
He also worked on a St. Mary's River study and a St. Clair River study both
led by Mr. Hamdy. In addition he was associated with a Toronto area sediment
study and a Lake Ontario sediment study, led by Mr. Persaud, and a Hamilton
Harbour study led by Mr. Poulton. Other projects in which he has been.involved
include the preparation of a water quality information atlas for Lake Ontario
and a study involving Jack Fish Bayorganized by Mr. Cherwinsky.
The Grievor describes his work in general terms as providing
guidance for statistical analysis of the data collected in connection with these
various projects. The process may be described as follows: The initiation of the
project and the design:Lofl-the-general scope and objective of the project is
carried out by the project leader. The Grievor is then asked to prepare a
report which analyses statistical data relevant to the particular study under
consideration. This would require him to determine what data was already on the
computer, to determine whether or not some other information, not available on
the Government computers, might be necessary, obtain that information;from
whatever source is convenient and then determine what kind of analysis could be
done given the available data. In this regard he would advise.the project leader
as to what types of analyses were possible. In the course of providing this
kind of guidance the Grievor would consult with the project leader for the purposes
of indicating what could~ be done with the available data and what other'data
might be necessary.
The next stage in the process would involve the Grievor in
determining what kind of analysis ought to be done and then assigning another
employee, Kay'Simpson, (and to a lesser extent, L. Post), to do a statistical
analysis of the information. This analysis would be reviewed by the Grievor
and perhaps a different type of analysis suggested. Once this has been completed
the results would be handed over to the project leader with an outline of the
procedures used in the analysis.
Mr. Fleischer characterized the Grievor's role in the process
as one of analysing the data and presenting it in a format which was required
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by the project leader who would then interpret the data with respect to the
scope and objectives of the overall project. He saw the Grievor as a support
system for the project.
The Grievor appears to work under very little close supervision.
Although his immediate supervisor was the head of the-Investigations-and Assessment
Unit he only would see his supervisor once a month or once every other month
for the purposes of establishing priorities for various projects.' There was
no one to supervise him in connection with his work, as a Statistician in the
Unit.
In classification matters there are a number of cases in which
the Board has defined its own role. Broadly speaking there are two types of
cases. First, there are cases in which the claim is made that the duties actually
performed by a grieving employee fall within the class standards of the higher
classification. Secondly, there are cases in which the.Union attempts to
show that the position in question is similar to another position in thepublic
service which is classified at a higher level. In this particular case, the
Union seeks to show that when the Grievor's actual duties are compared against
the class definitions it becomes clear that his duties fall within the
classification of Statistician 3 rather than Statistician 2.
The class definitions for these two positions are as follows:
STATJSTJCJA4’ 2
CUSS DEFJSITJOS.
~Th~s~lass covers posItions of emplcyees engaged in statIstica
research and anal.,vsls of some complexJty. -Under the supervision and
direction of senior statisri.c:ans or occnomists they systematicaLly
developand anaJyce data. They prepare reports and memoranda summarrzin;
and eryla~ninc devclopmen’ts, interpret in: trends and describing methods
used in substantlarinr the results chtained. Likewise they-prepare
correspondence and memoranda cn availabl lit) ‘of statistical data .the
methods of ccllection and characteristics cf,partlcular series. .These
emFlo~T?S may-’ aSSUI11e COntiIIULIlc responsibiJ1ty for ~a specific area of
work or a croup of related projects. They map supervise clerical staff
enraged In collect~nr,, prcresslnc or tabulating data; resolvin; ceding
and editinr problems and ansrerinc questions recardin: inconsistencies
for them.. Likev;lsr they Jay cut t.ahlrs charts and graphs and check
the completed work for accurazv and adequacy. Their o\;n work is revieved
for sowndness df jud~v-nt and satisfactory attainment of technical objectives.
CH.AJ?.XTERlSTJC DUTJEZ
Participate 111 the planning of prcject’s.
Dez.1~ sampl~e plans and lnrerpret sampling results by dcmputin; sample
errors and applying the various tests of statistical sl-Flfirance.
DetermIne shortcomln:.s and inconslstencles in particular stat.lstical series.
Analyze cariatlon and data by means of -seasonal adjustments, construction
of index numbers and other forms of tl,ee series analysis or comparable
methods of statistical analysis.
Prepare reports surnmarlzln~ developments and trends and descrlbine methods
used .ln sub-stantlating the results obtaln*?d.
Prepare correspondence and memoranda on the availability of statistical
data, methods of coll.ectlon and characteristics of a particular series.
Advise on problems of collection and labulatlon Andy ttie’ In~orlslsti-tlzics of
a particular ser les ,
CLILI FICATIOSS:
I. An hotfours dcz-cc from a univcrsitv of rcrnenizrd standing vith
special isation in economics. p,>l it’icill cronnmy., co,,lnlr’rcr, “Ii, thr-
matics or statistics.
2. About two ywrsc rxpcricnw as a Statisticjan I ~ ot: accrptablc
rquiv;~ Icnt 11xpcricnv.c.
J. Ah i I i t.~ to prcpi~re ~,~r~.sp~\l,~i,.t1,.,. an,1 k-ports ; Jcnwnstri~trd alli I it!
1.0 corid~~ct~ St;lt.istic.;aI ;*n;~lys~~;; ~~cwoni~ I sui t;lhi I i ty
STATISTIClAY 3
cLI\sS DEFINITION:
This class covers the positions of statisticians who have sustained
supervisl.on of professional assistants. Such responsibility includes
establishing priorities and scheduling work, instructing on the sources
of InformatIon and the methods to be used, and the format for the
Preparatron of reports. They are responsible for reviewing the work,
checking the efficiency of performance, soundness of conclusions, and’
the attainment of technical objectives. Such employees perform the
duties of being second-in-charge of a recognized statistical unit and
are themselves under general supervision of the unit head.
OR
As a statlstician reportin g directly to a senior departmental official,
employees in this class perform complex statistical,work that is not subject
to technical rev,iew or direction, Supervision over these positions is only
obtained through general review for satisfactory attainment of objectives
and policy considerations.
E
This class covers the positions of employees involved in complex
statistical assignments and projects vhich are interrelated and concerned
with more than one major objective. General scope and objectives are
established In consultation with the supervisor who also approves of the
initiation, development, or major revisions of projects and work programs.
Technical dlrectlon is negligible. however, problems relating to the quality
of data, the validity of analysis, and the general organization of projects
are usually discussed with the supervisor. Completed work is generally
rerlewed for satisfactory attainment of objectives and policy considerations.
CHARACTERISTIC DUTTES.
Plan studies, surveys and continuing +;taistical programs.
‘Refine and adapt sampling methods and techniques, developing efficient
procedures with sampli~ng and estimations.
Develop definitions, estimates and indicators for improving the coverage
and the quality of statlstic,s,
Analyze variations in complex data, jdentify assignable causes for unusual
variations, adjusting sample and other types of errors.
Prepare, review and revise reports interpreting the statistics and explai,ning
the limitations of ~the statistics Presented.
Prepare correspondenc,e and memoranda concerned with the technical aspects
of the statistics, Including such things as the basis on which estimat,es
are made and obt.a IninK and eivln: relevant information where specific data
is not available.
r. - 10 -
CJwractcristic Dutirs: (C0nt.*d)
Advise LW the practicability of undrrt.nking now projects and terminating
or rt~i~inz wistinc projects and provjdc technical assistance or informa-
ti,vr as it aly\l,.ics to the field of xork.
.‘;cr\-e iis a technical mcmbcr *II conunittccs, boards. and panels on matters
rclatin; tc’ the field of work.
Assip aud check \iork of professional subordinates.
1. An hnnours dccrec from a university of reco&izcd standing with
specialization in economics, political economy, commerce, mathe-
matics or statistics.
3. ALwt five years’ responsible rxpcricnce in a specialized area of
statistical i.nYcstiration; a personal recommendation from the
@cr;lty Xinister supported bx substantiating data for non-super-
v~scl?- syrialist. positions.
3. Cfwnstrat~ed ability and initirti.ve to deal with develcpmental and
cunccptual prohlcms; abi 15 t> to prepare technical and comprehensive
reports and correspondence; personal suitability.
The Board is sati,sfied that this grievance should succeed. The
Grievor's evidence, which was largely uncontradicted by any evidence from the
Employer indicated a number of respects in which his duties went beyond those
set out in the class'definition for Statistician 2. He disagreed with the
characterization of the statistical research and analysis which he engaged
in as being merely of "some complexity". He considered all of his analyses
to be quite complex. He noted that there was no technical supervision over
his work. His work was more complicated than merely~the preparati.on of reports
and memoranda. He did not have any responsibility for.the supervision of
clerical staff nor did he resolve coding or editing problems for scientists
or Statisticians 2. His work was not reviewed for soundness of judgment or
satisfactory attainment of technical objectives.. Ins general, although the
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or Statisticians 2. His work was not reviewed for soundness of judgment or
satisfactory attainment of technical objectives. In general, although the
characteristic duties of a Statistician 2 were not inaccurate, they did
not adequately describe the complexity of his work.
By comparison there is evidence to support the conclusion
that the Grievor performs duties which fall more appropriately underthe:
Statistician 3 class standards. He supervised the work of Kay Simpson; he
established priorities and scheduled work and gave instructions on the sources
of information and the methods to be used notonly with respect to Simpson
and Post but also to a degree, with respect to the use that the project
scientists could make of the information. He reviewed the work of Simpson
and Post. While there is no recognized statistical unit in the Section,
the Grievor is neverthless the only one who does the statistical work and :
he works under the general supervision of the unit head. He also noted that
his work on, for example, the Toronto Harbour Water Quality Study, was work
.which in,volved him in complex statistical assignments and the projects which
were interrelated and which concerned more than one major objective. Although
he would not‘be involved in the designing of the general scope and objectives
of a project he nevertheless did take a major part in the design of the
statistica. part of the project and to that extent was involved in consultation
with the project leader over the project.
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The only real attack made upon the Grievor's evidence was in
respect of his role in terms of supervision. He admitted that he had no
role to play in terms of granting merit pay or in terms of disciplining other
staff; However, he did suggest that, by giving directions to Simpson and Post
as to how to proceed and as to the types of analysis that ought to be done,
he exercised certain "supervisory" functions. This characterization of
duties appears to have been agreed to by Mr. Fleischer, who was called by
the Ministry and who agreed that the Grievor "supervised" Simpson but went
further and stated that he also provided "supervision" of the other scientists
when they required assistance on data processing matters. Mr. Fleischer
characterized his role vis-a-vis the project scientists as providing technical
"supervision"i
Therefore, having regard to the fact that the Grievor's own
evidence is virtually uncontradicted and further to the fact that, in terms
of the question of his supervisory responsibilities, it is supported by the
evidence of the Employer, the Board comes to the conclusion that the Union has
established the.onus upon it of showing that the actual duties of the Grievor
fit within'the class definition of Statistician 3 and that accordingly the
Grievor ought to be reclassified.
It is therefore the Award of the Board that the Grievor be
reclassified effective November 1, 1982 and that he be compensated for such
F
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losses as he may have suffered by reason of the breach by the Employer of the
Collective Agreement.
DATED at London, this Jday of Aug t, 1983
3 *
/
T. Kearney
Member !
"I. dissent" (see attached)
P. Coupey
3:2414
3:2500
5:2400
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DISSENT
The responsibility of the board in a classification matter is to determine
the application of a grievance to the following two tests :
1. Mhether the duties actually performed by the Grievor
fall within the class standards of the higher classification,
or ;
2. That the position in question is similar to another position
in the Public Service ~which is classified at a higher level.
‘Ihe second test was not suggested in this case and, in my opinion the first
test had not been satisfied and I would have dismissed the grievance.
It is not sufficient that an Fmployee pick a higher paying classification
and, in part, claim that he is performing the work of this classification
in order to obtain a larger pay increase than the Grievor received ($4!00
per week) and to compensate for his loss of overtime benefits that were
eliminated hen he was reclassified as a Statistician'2, it must satisfy
one of the two tests.
The Grievor himself agreed that his current position specification accurately
described his position and his duties and responsibilities which I feel
properly fits the Statistician 2 class standard.
His claim to the Statistician 3 class standard fails for the following reason:
The Grievor does not “advise on the practicability of
undertaking new projects and terminating or revising
existing projects”.
The Grievor does uot “refine methods of projects’.
The Griever does not have %ustained subordinate
responsibilities”.
The Grievor does not have ‘budget responsibiltites”.
The Grievor is not responsible for projects and performs
in a ‘statistician support role’ only, and the complexity
is solely related to the statistics.
While the Grievor “provided guidance for statistical analysis of data collected
for various projects” and “did not have any responsibility for the supervision
of clerical staff nor did he resolve coding or editing problems for Scientists
or Statisticians 2”. It is my opinion that he does not fulfill the full
functions of a statistician 3 and is, therefore, appropriately classified as
a statistician 2 and I would have dismissed this grievance.
P.H. Coupey
Member