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HomeMy WebLinkAbout1983-0378.Reeves.83-12-07IN THE MATTER OF AN ARBITRATION Under THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT Before THE GRIEVANCE SETTLEMENT BOARD Between: OPSEU (Ted C. Reeves) Grievor - and - The Crown in Right of Ontario (Ministry of the Environment) Employer Before: R. J. Delisle Vice Chairman F. D. Collom Member F. T. Collict Member For the Grievor: P. A. Sheppard Grievance Officer Ontario Public Service Employees Union For the Employer: G. S. Feeley Manager, Personnel Operations Human Resources and Personnel Development Branch Ministry of the Environment Hearing: November 24. 1983 i\ r - .> - 2- The grievor complains that he is improperly classified. Presently classified as an Environmental Tech- nician 3, he claims that his position deserves to be classi- fied Environmental Technician 4. He maintains that his existing position specification better fits the latter classification. In the alternative, he maintains that his duties correspond to-those performed by another, a biologist's assistant in the Southwest Region who has a classification of Environmental Technician 4; this correspondence is maintained though the area of expertise, biology, differs from his ex- pertise, hydrology. The grievor began employment with the Ontario Water Resources Commission in 1966. In the beginning his task was to collect hydrological data. Over the years his responsi- bilities changed from the mere collection of data, to analyzing the same for use by others in making assessments, to the present time when it falls to him to interpret the data, apply judgment . to the same, and devise ways of dealing with environmental problems. Over the past eight years his job has evolved from collecting data to doing surface water assessments and making recommendations to provide future direction. To determine the appropriate treatment the grievor must consider hydrological, biological and geological conditions. While the position has grown much more complex, responsible and demanding of expertise -3 - its classification has remained the same since 1975. We are agreed that it would serve no point going through the evidence in detail to justify our decision that the griever's position deserves to-be reclassified to Environmental Technician 4. In the clearest presentation of a classification grievance to then Grievance Se~ttlement Board that we have witnessed, the grievor has clearly discharged his onus of persuading us that the job has grown out of its earlier class. The current position specification obviously fits the higher classification. We are also persuaded that his duties directly correspond to those performed by the Environmental Technician 4 in the Southwest Region. On both bases the grievance deserves to succeed. The current position description was first drafted on February 6, 1981, no explan- ation is forthcoming for the delay in its classification, and accordingly the griever's claim for full retroactivity of this award to that date is also granted. The Board will retain jurisdiction in case there is any dispute over quantum. Dated at Kingston, Ontario, this 7th day of December, 1983. '~,~J/elisle, Vice-Chairman v F. Collom, hlember F.T. Collict, Member