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HomeMy WebLinkAbout1983-0528.Tremblay and Neve.84-10-17INTHEMATTEROFANARBITRATION Under THECROWNEMPL6YEESCOLLECTlVEBARGAlNlNG ACT Before THEGR~EVANCESETTLEMENTB~ARD Before: For the Griever: For the Employer: &X Gl,‘M Personnel Adminbtrator Personnel Operations Ministry of the Environment Hear&$ OPSEU (W. Tremblay & D. Neve) and Grievers The Crown in Right of Ontario (Ministry of the Environment) Employer R. L. Verity, Q.C. H. L. Robinson A. C. Stapleton Vice-Chairman Member Member A. Ryder, Q.C. Counsel Gowling & Henderson Barristers & Solicitors April 10 & May 2, 1984 DECISION In identical grievances dated June 8, 1983, Wilfrid Tremblay and Donald Neve seek re-classification from Environmental Technician 3 to Environmental Technician 4. Both Grievers perform essentially the same job function and both work in the Air Quality Assessment Branch of the Northeastern Regional Office of the Ministry of the Environment. In 1975, when the Environmental Technician Class Series was established, both Grievers were initially assigned the classi- fication of Environmental Technician 2. Grievances filed by Tremblay and Neve at that time were successfully resolved without the need for Arbitration. Thus in 1975, the Grievers were'classified as Environmental Technicians 3. As a result of a'Ministry reorganization in 1975, regions throughout Ontario were established. The Ministry's Northeastern Regional Offices are located at Sddbury , which is also the location of Canada's two principal nickel producers - INCO~ Limited (formerly known as International Nickel Company of Canada) and Falconbridge Nickel Mines Ltd. The smelting of nickel and copper bearing ores tends to produce large quantities of sulphur dioxide emissions, with the result that air quality control in the Sudbury basin has been a continuing concern. The system for monitoring air quality control in the Northeastern Region was drastically revised in 1978, and these grievances arise from that technological change. - 3 - Prior to 1978, there was an Air Monitoring Network in the Northeastern Region containing some 14 monitoring stations. Each station recorded the air quality on a strip chart covering a two week period. .It was the Grievers' responsibility to visit the monitoring stations bi-weekly, remove the str,ip chart and insert a fresh chart. In addition, each Grievor was responsible for ensuring that the monitoring stations worked properly, which in turn involved maintenance and repair of fairly complex equipment. However, under the old system, the Grievers were neither responsible for calibrating the instruments, nor interpreting the data. Ministry employees in Toronto, classified as Scientists, performed the cali- bration and interpreted the recorded data. The strip charts, duly interpreted, were then returned to the abatement section of the Regional Office at Sudbury which would, in turn, advise any company emitting unacceptably high pollution levels to take the necessary ' corrective action. This procedure of air monitoring is known as the Historical Data System. In the fall of 1978, the Ministry introduced a computerized system in co-operation with Bell Canada which.is known as the Real Time or Telemetric System. The computerized system is Ontario's most advanced device for monitoring or measuring sulphur dioxide levels and other air pollutants. There are now some 23 monitoring stations in the Northeastern Region, each recording data electronically and transmitting the data to a central computer in the Sudbury Regional Office. The data is processed every five minutes on a V.D.T. screen and print-outs are provided on an hourly basis. - 4- Under the new system, when the degree of a pollutant rises above permissible levels an alarm bell is activated by the computer recording mechanism and the warning is directed to the abatement section. The abatement section verifies the reading with the Grievers or their supervisor and then the abatement section informs a company of unacceptable emissions in order that corrective action may be taken. In February or March of 1984, the new electronic system was further refined to provide simultaneous transmission of Ministry data directly to INCO Limited. Similar arrangements are being made to provide the same service to Falconbridge and "Science North" with simultaneous transmission of data. The Ministry's adatement section is charged with the responsibility of enforcing corrective action against an offending company. Corrective action takes the form of a "production reduction" at a company, during which time company production is curtailed for a given period of time varying in length from several hours to a full day. Failure on the part of the company to take corrective action could result in legal action by the Ministry. In view of the cost factor of corrective action, the importance of accuracy in data collection is correspondingly qreat. In addition, since 1979 some private companies such as Alqoma Ore, Into Limited, Kidd Creek Mines (Texas Gulf) have instituted their own alert systems commonly known as S.O. 2 Alert Systems. It has been the Grievers' responsibility since that time to verify the accuracy of readinqs of each private system on a monthly-basis. The Grievers continue to be responsible for the maintenance and repair of the system as they did prior to 1978; inaddition, they are now responsible for calibration and the accuracy of the data produced. The new system provides no time for editing or factoring of the data after the event, as was the case prior to 1978. The Northeastern Region is thus far the only region in Ontario that has installed the .telemetric system for monitoring air quality control. The possibility of extending that system or further adopting or refining it for other regions has resulted in two bulky reports prepared for the Ministry of the Environment and tendered as Exhibits: Feasibility Report - Air Quality Telemetric System (Exhibit 13); and Request for Proposal - Computerized Air Quality Telemetry Data Acquisition and Information System (Exhibit 14). Briefly, the Union argued that no other Environmental Technician 3 in Ontario bears the same onerous degree of responsibility and accountability as do the Grievers. Accordingly, in view of the technological changes-effected in 1978 and refined in later years, the Grievers were justified in seeking re-classification. The crux of the Ministry's case was that technological change in itself was no reason to justify re-classification, and that the Grievers were previously appropriately classified as Environmental Technicians 3. The Board heard evidence at length concerning the jobs performed by Messrs. Tremblay and Neve. In addition to their evidence, the elements of the jobs in question were vividly described by Supervisor Ken Waldie and by the Chief of the North- eastern Region's Air Quality Assessment Section, Raymond Potvin. Although Mr. Waldie himself has a classification grievance pending, the Board was of the opinion that his evidence was objective and thoroughly reliable. The Ninistry's sole witness, Mr. Potvin, provided an excellent overview of the complex electronic system introduced in the Sudbury Region in 1978. In addition, Mr. Potvin spoke of his involvement with the Ministry's new Air Quality Index System. In summary, Mr. Potvin's evidence did not adversely .affect the Union's position. The most recent Position Specification and Class Allocation form was introduced as Exhibit 8 and was generally agreed to by all of the Parties as being accurate. Exhibit 8 reads as follows: "Position Cede: 37-0324-X Position Title: Air aality Instrument Technician Previous Position Title: Sam Class code: 37-0324-X Inm&iate Supervisor's Title: Senior Air Q.ulity Technician tiistq: Ministry of the Environment Division: Regional Operations & Laboratories Division Branch: Northeastern Section: Tech. Support Lcdation Address: 199 Larch Street, 11th Floor, Sudbury, Ontario. P3E 5P9 2. FWRPC6E OF POSITION (why dces this position exist? State goals objectives etc.) TO in@emantandmaintain a corrplexmicro-processorbased telemetrynet~3rk which collects real-tine air quality data; to trouble shoot and resolve prohlem~ related to all air nonitoriny equipment; to modify existing equipmant to meet specific needs: to audit industrial client monitoring control systems. 3. SuMMARYOFUJTIES&NuFESpoNSlBILITI~ (Indicatepercentageof tine spent on each significant function. Indicate scolze, equ&awnt, working conditions unusual features etc.) 50% 1. Maintains a cmplex air monitoring system which includes: (a) servicing of air wlity monitors in the field or in the shop using precision test eguiprrwt e.g. oscilloscopes, volt mzters, fregxncy axinters, etc., to identify and rectify e+iFt salfunctions ti to the ccsnpcnent level; (b) servicing of microprocessors down to the ccarponent or 'chi;' level; (c) consultingwith equipment manufacturers and ccawnication ccepanies as necessary to debug equiprent when new stations are installed or on equipnentupgrading andrepairprograms. 15% 2. Modifies existingrronitoring equipmantin response to specialneeds or routine problems. Designs electrical/electronic circuits to interface cconponents ofnonitoring and telemstry systwe. 10% 3. Conducts mobile surveys for regional abaterent staff. 5% 4. Kaintains a current knowledge of advances in the electrohic field by reading trade journalsandtaking courses. 20% 5. Calibrates Ministry of the Environment air quality monitors and audits aid nonitoring equiprent used by industrial clients for assessrent of Control Order c~liance. 4. 5XJLLSANDKN- REQUIRED To PERFO~ ?HE hxlRK (State education, traininq, experience, etc.) Skills and Knowledge (a) EIECIWNICS: a comprehensive knowledge of solid state electronics; a wrking knowledge of analcgue to digital theory and a basic knowledge of computer language and oFrations. (b) AMB~MXJITORS: a wxking knowledge of the fundanental principles of electrochemical andaechanical systems, a canprebensiveknowledge of the function of each wnp3nent part of all the monitoring instrumsnts used in the field is required to properly operate and successfully maintain, trouble-shcotandrepair these instruments. (c) YINIEWERSONAL: manual dexterity and aptitude are required to assemble instrumsnt s&ass&lies and components, sampling manifolds, mateorological equiprentand instrument containers. The ability to operate a wide variety of calibration, testing and safety equiprent, and shop and hand tcols iS necessary. Required to maintain field stations, to follow msnufactnrers instructions, calibration criteria, safety codes, etc. with little direct supervision. Accuracy and precision are neededto maintain records, comwnicating technical information, and interpreting technical literature. Inthe area of personal aptitude, an enguirinqmind and aloqicalapprcach are required to solve problems and trouble-shoot wlfunctioning equipment. Alertness to detectinstrusentprcblems, andnodify existing ins trwentation for use -a- in adverse conditions is also a prima requisite. Contacts with co-wxkers, calibration staff, other governsent agencies, represew tatives of industry and suppliers and the public is essential. Knmledqe and skill is acquired through qraduation from a recognized institute of technolcgy or commitycollege in a course providing basic and advamed knowledge of instrumentation, plus several years of experience in assembling, operating, repairing and trouble-shooting complex instmmantaticm and recording equipment, preferably including air imnitoring, msteorolcqical, telemtry and computer equipsent. JUIX-: The incmbentwxks under the guidance anddirectionof the Senior Air @ality Technician, Northeastem Region, and follows the policies and procedures given in the Technician's Procedure Manual, mmfacturers! instructions, calibration criteria, electrical codes, building cc&s, safety codes, etc. Frequently, information is obtained by consulting handbooks, technical publications, or suppliers directly. Judgment is required todetectand trcubleshcotmalfunctions in avariety of complex electronic analyzers and microprocessor based telemetry eguipnent using my different detection principles. The operation, repair, mintenauce and nodification of instmnmts in stations is normally accepted as being performed mnpetently. Indepshdeht decisions requiring good judgment are made frequently and under different circumstances to isplemmt surveys and projects. Initiative, perseverance and judgment are often timas required to maintain field stations in operation under adverse conditions (e.g. sumer and winter tsmperaturs variations, electrical interference, ice and mow conditions, hydra failure, interference by humidity or other pollutants, etc.). Judgment is also applied in dealing with people to co-ordinate their efforts in order to get the job done efficiently. The incurdxnt is accountable for the quality, validity and timely ampleteness of the air quality data collected in the regular 'fixed' station netwxks and in special 'nobile' surveys. The incuabent is also re*nsible for the security and proper operation of all field equipsent, vehicles, tools and other govermentowned/leased equi~nt assigned to him/her. Errors in installations, repairs or edifications could also cause the loss of data or the collection of inaccurate data. These databecome part of the historical record of the Fz-evince and if lost, are not recoverable. If the data are inaccurate, it could result in incorrectabatemantdecisions beirgrradewhichcould adverselyaffsctpublic health andwall-being or conversely, cause costly imiustrial production cutbacks in order to reduce emissions when not squired. In addition, serious safety hazards could result in the monitoring stations and their immediate surroundings from the improper handling of hazardous gases (eg. hydrogen gas) used in some of the analyzers. -9- Tne data collected from the fixed air mnitorinq stations and nubile air mnitors frequently mm under close scrutiny by the public, industry, and others, somstimss as a result of prosecutions against emitters, and consequently those data mst be collected with utmst precision and care to prevent enharrassmnt to the Ministry. CONTACTS 'Ihe nature of the work requires liaison with the public tomke final arrangements for the installation of mnitoring stations on private property; counselling and supervising local contractors in installation problem: arrangixg contracts with local utilities servicing the stations; co-oprating with supplier representatives on mtters such as ordering mterials ormdifying in stnmentation, and counselling industrial clients in the operation and maintenance pmxe&res of their mnitoring equip- msnt. Within the Ministry, there is regular contact with the Air (xlality and hMeorolcgy Section (Systems Services Unit, Telemetering and Electronics Unit and the Instnrmentaticm Unit) of the Air Resources Branch and with the Air Quality Lab of the Laixmtory Services Branch, to exchange in- formation, discuss technical problems and obtain supplies. mar contacts are requiredwith District Abatemntstaff of the Ministry in the North- eastern Region in the performme of audits on industrial clients' air quality ntmitming system for the propr enforcerrent of control orders andprcqram. Theincumbentisalsorequiredfnmnt~tot~to~tact representatives from the ommmications industry (ey. BellCanada,CN, 8, etc.) to resolve telemetry problesns related to teleconmmications~ systems. The incrcbnt could also be called to give evidence as an w witness at a public hearing or in a litigation against an industrial client to attest the procedures and certify the authenticity and accuracy of the d&a or samples collected. 5. SIGNATURES Inmsdiate Supervisor Ministry Official R. Potvin, Chief, Air &ality Assessment W. J. Gibson, kgional Director 6. CLASS ?4AK..ATIcRl Class Title: .: Envmtal Technician 3 Class Code: 61404 Cccupational Group No: TS-07 Effective Date: June 1, 1983 6. I have classified this position in acmrdance with the Civil Service ccanmission Classification Standards for the following reasons: A. Duties involve the installation, repair and rraintenance of ccsnplex air monitoring instrunentation; B. Incu&entvalidates, interprets and analyzes collectsddataused in producing Air Follution Indexes; C. Incun&nt has frequent contact with Ministry staff in other sections at the professiowl and technical levels, and instruxent supplies and industrial officials for the purpose of exchanging infomtion and for the proper enforcerrent of control orders and prcgrams." r - lo- detailed and complex filed as Exhibit 5. That Position Specification appears to be much more than the 1975 Position Specification document The Class Standards in question read as follows: “CLASS sTANDARD: * 61404 EWIFONMWIRLTK!HN1cLRN3 This class covers positions involving inspections and investigations of the full range of activities in the environmental assessment and pollution control field. In soms positions, they conduct investigations of pollution of air (stationary and mobile sources), landorwater, including noise, and plan, organize and conduct assessment surveys and monitoring of the natural environment. others in the environmental monitoring function involve re- sponsibility for the selection, operation and maintenance of specialized, conplex electronic, chemical~or mechanical air, water or wastewater rmnitorinq equipment in field locations resulting in the production of validated data for use in ervir onmantal assessment prograsses. In still other positions, , employees in this classification may assist professional staff or senior technicians in the clean up of hazardous spills; or in conducting applied research projects or surveys to evaluate new technology and rrethcds, assess the natural pollution control equipment, or in the processing of approvals. The -sable factors at this level are typically reflected as follows: 1. Knowledge: Work requires the technical expertise, approaches and practices to deal effectively with a wide variety of environmental matters such as inspection of newly installed or malfunctioning private sewage disposal systems of all sizes (e.g. serving schools, nursing homes, etc.1 industrial air and water pollution control'and monitoring equipment, coamnmal water and sewage treatment projects, waste ranaqemsnt sites and systems, and vehicle emissions to ensure that they comply with established practices and standards, or to qualitatively assess the effects of polluting discharges on the surrounding environrent (e.g. determine wastewater loading guidelines for municipa./industrial discharges). Such knowledge is normally acquired through graduation from a reccqnized institute of technology or comity college plus several years of related experience. - ll- . 2. 3. 4. Judqenent: Work is performad under minimum supervision with considerable functional independence. Mature judgemmt is exercised in decision-makinq when unusual or un- predictable situations arise. Matters deviatinq frcxn established practices and precedents are dealt with at this level and only sensitive or contentious rotters are referred to supervisors. Independent judgemantis exercised in the preparation of comprehensive technical rwrts on all investigations, inspections or other projects, includinq the interpretation and analysis of physical and field data and laboratory results, making recommdations where necessary. Accountability: These positions are accountable for the accuracy and conpletehess of the datacollected and of the investiqa- tions or inspections conducted. Decisions involve the nature and amunt of data to be collected, actions taken, r ecmmndations made, and can usually be based onprecedentor established practice. Esrorsrmycause inappropriate action and expense by the Ministry, industry, or private individuals. Contacts: Contacts my be with private individuals, mall business proprietors or professional, technical and operational staff or industry, municipalities, their own or other Ministries and/or the Federal Government. The purpose of the contacts will be to exchange or collect information and data, qive advice, make reccmnnm dations or enforce regulations. On occasions, it my be necessary to appear as a witness providing technical evidence and/or infometion before public bodies such as environmntal hearings, rmmicipal councils, ratepayers' associations, or courts of law. In all contacts the employee is assmed to officially represent the Mihistry and present Ministry policy." “CJASS STANDARDS: 61406 This class covers positions of employees involved in conducting and co-ordinatinq technically ccmp1e.x and specialized work in enviromental assessnent and pollution control. They either function as recognized experts in s-cialized wxk such as the inspection/ investigation of cmplicated malfunctioning municipal or industrial water, wastewater or emission control installations, or co-ordinating the investigation and clean up of spills of hazardous materials, investiqatihq fish kills, or conducting studies of the natural environment, etc., ~they exercise advanced responsibilities across a range of several areas in the environmntal and pollution control field, functioning as group leaders providing technical direction, co-ordination and training toothertechnical staff, including instructing in technical training prcqrsmnes. The ccepensable factors at this level are typically reflected as follows: 1. Ki-mledqe: Work requires the technical expertise, flexibility and depth of backqround to deal independently with a wide variety of unpredictable environmental problems or with specialized problems whexe the individuals' knowledge my be the only quide to action. Such knowledge is nonrally acquired through graduation from a reccgnized institute of technology or ammity college plus mny years of progressively responsible related experience. 2. Judqenrant: Work is performed under general direction, Judqemnt is employedtonershal the necessary h-, mterial and/or information resources and to orqanize studies, swxeys, investigations or inspections independently, referring to supervisors only in theeventof very unusual circumstances, and periodically to advise on progress. Judqenent is exercised in applying qeneral technical principles to new problems which do not respond to precedent or established practice. 3. Accountability: These positions are fully accountable for the technical accuracy ahdqualityof data collectedorprcducedand for canprehensive technical~reports with reammandations as a result of their decision on necessary infonmtion; fonmt and content of reports; and appropriateness of recomendations. Such reports are suitable for distribu- tion outside the Ministry after only general review by the supervisor. Poor rem d&ions could result in considerable monetary loss to the Ministry or others and in damqe to the Ministry's credibility and prestige. 4. Contacts: Work involves a wide variety of continuing contacts With qoverrmental and industrial officials at the operational, technical, professional and sanaqemant levels such as Chief Operators or Superintendents of water and serge - 13 - treatrrent plants, industrial plant superintendents, technical, scientific and engineering officials of their-Ministry, other ProvincialMinistries, the Governsent of Canada and international agencies. The,contacts are for the purpose of exchanging infor- mation, giving advice, publishing interpretative data, making recomsandations, planning co-operative studies, or enforcinq requlations. It maybe necessary occasionally to appear as a witness or technical expert before public hearings, such as the R-~vironmental Hearing Board, or a courtof law. In all contacts, the employee is assumed to officially represent the Ministry as an expert, and to present Ministry policy." In a determinationof the issue before this Board, we would agree with the rationale of Arbitrator Samuels in OPSEU (John Sit) and Ministry of the Environment, 226/82 at page 15 where it is stated: . . ..?he Class Standards are very generalized, and there is considerable overlap in the language employed to characterize the E&virorm~?~~talTechnician 3 and4. Both classifications involve hiqhly skilled personnel. The essential difference appears tobe that the Fnvirormental Technician 4 does either specialized work, or they function across several areas. The person in this position must be able to deal with new problems where there is little guidance fran his supervisors or operating nenuals." There can be no doubt that technological change has indeed affected the job of these two Grievors. While it is true that technological change alone is not a sufficient reason to justify re-classification, the -Board finds that the Grievors now perform specialized work to such a degree as to be deemed specialists in the time data telemetry system and thus do qualify for the higher classification. - 14 - On the evidence, it is clear that the Grievors are both initially and ultimately responsible for the accuracy of the instrumentation as .a result of the technological change in 1978. In addition, the Grievors are responsible for the validity of the data used by the Ministry's abatement section in its enforcement procedures. The trouble shooting component of the Grievors' jobs is more difficult and complex as a result of complex electronic devices. Employees such as the Grievors must deal effectively with many more components than under the old system. As indicated previously, the telemetry system in the Northeastern Region is unique to the Ministry in Ontario, and may well be the forerunner of more sophisticated electronic air pollution monitoring systems. The change brought about by the telemetric system has resulted in dramatic changes in several ingredients of the job criteria relating to the work performed by the Grievors. With respect to knowledge, the Grievors have taken training courses in telecommunications given by the suppliers of the equipment, and the knowledge required to perform the job is now in the degree contem- plated by the higher classification which calls for flexibility and depth of background to deal independently with specialized problems. The evidence is clear that 85% of the Grievors' actual time on the job is focused on the real time data system with only 15% of that time spent on the historical data system and related minor functions. - 15- Similarly, outside contacts have been extended through contacts with the supplying company and with personnel in telecommunications, notably Bell Canada, whose facilities link the monitoring stations to the.central computer at the Regional Office in Sudbury. The Grievors are now fully accountable for the technical accuracy and quality of the data collected which is the degree of accountability contemplated by the higher class standard. Finally, the Grievers now work with a minimum of super- vision. Formerly, the Regional Supervisor reviewed 60% to 70% of the strip charts before they were sent to Toronto. Now the Supervisorlooks at the computer print-outs, which means in effect that he reviews them after the fact. In the circumstances, it is not surprising that Mr. Potvin's predecessor in office, Mr. L. Fits, submitted an up-dated Position Specification Form in July of 1982 in which he recommended re-classification for one of the Grievors. - 16 - For the above reasons and pursuant to the provisions of Article 5.1.2 of the relevant Collective Agreement, the Board would allow the grievances and award them the classification sought as Environmental Technicians 4. DATED at Brantford, Ontario, this 17th day of October, A.D., 1984. c NJ-- L- 4x- ?= R. L. Verity, Q.C. - Vice-Chairman _.- .' kd rJ &,‘A. 7th lJ ,-, t--3J, - H. L. Robinson - Member A. G. Stapleton