HomeMy WebLinkAboutUnion 04-06-15 IN THE MATTER OF AN ARBITRATION
BETWEEN:
ALGONQUIN COLLEGE
(The "College")
and -
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
(The "Union")
AND IN THE MATTER OF A CLASSIFICATION GRIEVANCE CONCERNING THE
POSITION OF STUDENT SUCCESS SPECIALIST
David K.L. Starkman Arbitrator
APPEARANCES FOR THE COLLEGE
Jock Climie Counsel
Diane McCutcheon Manager, Employee Services
Wayne Mclntyre Chair, Marketing & Management
Kent MacDonald Dean, School of Business
APPEARANCES FOR THE UNION
Kristin Eliot Counsel
Doug Brandy Local Union President
Claude Lacelle Chief Steward, Local 416
(Support)
Janet Strickland Vice-President, Local 416
(Support)
A Hearing in this m.~atter was held on April 20, May 6, and 20, 2004 at Ottawa, Ontario
2
AWARD
The Union alleges that the College is in violation of the provisions of the collective
agreement insofar as it assigned bargaining unit work to Student Success Specialists
(SSS) which, in the Union's view, is work formerly assigned to academic bargaining unit
members designated as coordinators, and specific reference was made to article 14.03
A 3 of the collective agreement which provides:
Allowances - Professors
14.03 A 3 Coordinator Allowance - Coordinators are teachers who in
addition to their teaching responsibilities are required to
provide academic leadership in the coordination of courses
and/or programs. Coordinators report to the academic
manager who assigns their specific duties. It is understood
that coordinators do not have responsibility for the
disciplining of teachers in the bargaining unit. It is not the
intention of the Colleges to require employees to accept the
designation of coordinator against their wishes.
Those employees who are designated as coordinators will
receive an allowance equal to one or two steps on the
appropriate salary schedule. Such allowance will be in
addition to the individual's annual base salary.
It was the position of the College that SSS were not performing academic bargaining
unit work, and that the position was appropriately placed in the support staff bargaining
unit. The position of the College is summarized in the May 28, 2002 reply to the
grievance which provides in part as follows:
3
In January 2002, the School of Business created a one-year "test"
assignment of this clerical position as a result of numerous student
complaints. The student complaints centered on not knowing where to go
to get answers to their questions or not being able to contact
teachers/coordinators. This customer service representative position was
created to provide front-line contact with the students.
The College recognizes the Union's concern regarding this position
conducting faculty-related academic work; however it is not the intent of
this position. Similar to the clerks in the Registrar's Office, this position
processes many forms (i.e. drop/adds); keeps student records up-to-date
as well as keeping student and professors informed. This position does
not issue credits on Academic work or PLA credits. This position does
transfer credits from other institutions where there is an articulation
agreement or the transfer is on an approved list.
Ms Alberta Smith, an English Professor since 1971 and an English academic
coordinator since 1992, testified as to the duties of an academic coordinator. She
stated that the coordinator position is voluntary. A English coordinator monitors how
the English courses are being delivered and meets and advises students as to their
courses of study. Ms Smith identified and referred to the position description of
academic coordinator which provides as follows:
OVERVIEW
The Academic Co-ordinator is the critical link between student, industry
and program delivery.
The Academic Coordinator assists with curriculum development and
delivery, selection of resources and scheduling, student registration,
evaluation and recommendation for graduation, and the marketing and
promotion and recruitment of students to their respective programs within
Algonquin College.
GENERAL RESPONSIBILITIES
4
The Academic Co-ordinator assists in the implementation and evaluation
of new education initiatives. The Academic Co-ordinator will help the
School of Business be recognized as the national leader in the delivery of
applied business training and education by maintaining a direct and active
link with industry and business leaders.
The Academic Coordinator is a critical member of the School of Business
academic team. Reporting to the academic chair and working closely with
continuing education, distance education and on-line learning, the
incumbent is responsible for the co-ordination and academic integrity of
assigned full-time, Continuing Education, Distance Education and on-line
programs and courses.
MAJOR RESPONSIBILITIES
1. Curriculum development and consultation with faculty in matters
that pertain to curriculum development and delivery.
1.1 The Co-ordinator reviews and updates course
outlines, curriculum and program learning outcomes
annually, and recommends changes as required.
1.2 Work with the academic chair to help coordinate the
teaching duties of professors who are teaching
courses in which there is more than one section. The
coordinated approach will ensure consistent course
content, delivery, and evaluation standards.
1.3 Co-ordinate the preparation of common exams for
multiple sections, ensure exams are prepared and
submitted on time, submit examination requirements,
and review exam schedule to ensure no conflicts.
2. Student registration and evaluation:
2.1 Academic advisor to all students in their assigned
program.
2.2 Work with the academic chair to evaluate overall
student progress.
2.3 Work with the academic chair to review final grades
for all students in their assigned program to determine
graduation status.
2.4 Meet with representatives of all service departments
to discuss student progress when appropriate.
3. Liaison and promotion
3.1 Assist Algonquin College, Continuing Education,
Distance Education and on-line learning in assessing
the relevance of activities and programs to the needs
of the students and the community.
3,2 Attend advisory committee meetings, as required.
3.3 Attend information sessions and liaise with external
groups e.g. high schools, employers etc., as required.
3.4 Work with the academic chair in the preparation,
review and update of promotional program material
on an ongoing basis.
4. Resources
4.1 Assist the academic chair in the selection and hiring
of temporary/contract teaching staff.
4.2 Co-ordinate the acquisition of textbooks, and other
teaching resources.
4.3 Work with the academic chair to advise and assist
new temporary/contract teaching staff.
5. Scheduling
5.1 Work with the academic chair, assist in course
loading and faculty assignments.
Ms Smith referred to the 2002 job posting for the position of Student Success
Specialist which provides as follows:
ALGONQUIN COLLEGE
SCHOOL OF BUSINESS
MARKETING AND MANAGEMENT STUDIES DEPARTMENT
requires a
CLERK GENERAL C
(Student Success Specialist)
Reporting to the Chair, the incumbent provides overall student contact for
all programs in the Marketing and Management Studies Department.
The Student Success Specialist is centered on academics and promotes
a caring attitude between College personnel and students. He/She will
provide guidance for the students and promote development, retention
and success with their studies. The incumbent will also build
relationships within the College, and help students identify services which
clarify both their career and life goals.
DUTIES:
· Primary Department student contact
· Schedules appointments and meets with students to assist with
their program of study
· Assists students and campus administrators with registrations and
related activities
· Responds to inquiries regarding on-line courses and student
participation processes
· Revises and processes elective forms
· Processes academic records by in putting student upcoming
course load
· Reviews student records for graduation
· Helps coordinate student orientation by program(s)
· Collaborates with other programs within the College
· Makes appropriate referrals to College support services
· Participates in departmental meetings and in the promotion of
department programs
QUALIFICATIONS:
· Secondary school graduation with additional job related training
courses or equivalent
· More than one year and up to three years related experience;
experience in an educational environment an asset
· Excellent oral communication and interpersonal skills
· Good working knowledge of Microsoft Office Suites (Word
Processing, spreadsheet, PowerPoint software)
· Proficiency in communicating with e-mail
· Ability to meet deadlines, manage multiple priorities and work
under pressure
· Requires strong minute taking and writing skills
· Good planning, record keeping, organizational skills, and telephone
7
answering skills
· Must be able to work independently with ability to problem solve
situations
SALARY: $15.00 to $17.39 per hour (approximately $28,384 to
$32,906 per annum based on a 36.25 hour work week). The
College also offers a complete range of fringe benefits.
Ms Smith testified that, in her opinion, SSS were giving advice to students concerning
academic matters and granting course exemptions which they were not qualified to
give. She stated that since SSS were hired, her student contact time had been reduced
by ninety-five per cent and that she had seen a sharp decrease in the number of
exemption forms and add/drop forms that she was required to sign, and that she had
seen SSS signing off on the same.
Ms Smith referred to the position description of the Student Success Specialist and
indicated that, for the most part, these are duties which she had previously done. The
description provides as follows:
OVERVIEW
The Student Success Specialist is a valuable member of the School of
Business support staff team. The incumbent will enhance the quality and
timeliness of services delivered to all students and will measurably impact
the retention of School of Business students.
8
GENERAL RESPONSIBILITIES
The Student Success Specialist will:
1. Assist students who require information pertaining to their records,
program of study and registration/enrolment in courses and
programs.
2. Assist prospective students and alumni who request information
pertaining to admission, records, program of study and
registration/enrolment. The SSS will provide information that will
positively reflect School of Business courses and programs and
which may lead the prospective student or graduate in enrolling in
courses and programs offered by Algonquin College.
3. Assist in the registration process including collecting, verifying and
entering student information. Provide valuable information to
potential students and act as a program expert, serving as a single
point of contact whenever possible.
4. Using GeneSiS, responds to questions regarding all transcript
information and graduation status. Advise students of other
programs and courses that could enhance their academic
experience.
5. Serve as a single point of contact for students to enter data on
GeneSIS regarding the students' drop/adds, class changes and
program transfers.
6. Revise and processes student elective forms.
7. Track student advanced standing and exemptions and PLA area
requests.
8. Understand the advantages and technical aspects of on-line
delivery in order to respond professionally and intelligently to
student inquiries regarding the delivery of on-line and hybrid
courses.
9. Assist with the coordination of student orientation by program(s).
10. Generate letters to verify student enrolments, will need to explain
this more...
11. Verify students' residency requirements following established
9
guidelines. Can we explain this more...
12. Collaborate with other programs within the College.
13. Make appropriate referrals to College support services.
14. Liaison with area high schools and other academic institutions.
15. Participate in departmental meetings.
16. Coordinate program council meetings.
17. Communicate cancelled classes to ensure students know classes
are not being offered.
In response to questions from counsel for the College, Ms Smith indicated that her
primary concern with the duties performed by SSS was that they were giving academic
advise to students in difficulty, and advising students concerning add/drop courses
which they did not have the qualifications to do. Coordinators are teachers who are
familiar with the content of the programs and are therefore in a position to offer proper
advice to students, whereas SSS lack this knowledge and expertise
Mr. Claude Lacelle, the Chief Steward of OPSEU, Local 416, the support staff unit,
testified that SSS are classified as a Clerk C, and that the Union is presently examining
whether this is the appropriate classification.
Mr. Wayne Mclntyre, the Chair of the Business Administration program, testified that
the SSS position was created on a temporary basis in April 2002 to create a customer
service centre point to distribute information and direct students where to go to get
10
information and to get their questions answered.
He stated that, prior to the creation of this position, students did not know where to go
to get answers, and that SSS were intended to improve student satisfaction and
ultimately to improve student retention in the course of study. He testified that SSS are
to help the program coordinator, and that it is not the role or responsibility of SSS to do
academic advising, and that he advised the SSS accordingly.
Mr. Mclntyre stated that applications for advanced standing must come to him for
approval. He also testified that there are a number of reasons why Ms Smith may have
experienced a considerable drop in the number of students requesting academic advice
from her. There is an increased amount of academic advising carried out by e-mail.
Since the elimination of Grade 13, such courses are not available to be considered for
advanced standing. Many issues involving academic counselling are referred to the
program coordinator, and, inasmuch as Ms Smith is an English course coordinator, she
would have a limited number of referrals in the School of Business.
Since September, 2003, the College has sent letters to students advising them as to
who their academic advisor was, and Mr. Mclntyre speculated that students may be
seeking advise from such persons instead of from the course coordinator.
Mr. Mclntyre stated that the focus of the position of coordinator was course
development, and communication between industry and the program, and that SSS
11
would relieve coordinators of some of the administrative and clerical duties previously
associated with the position, so that they can concentrate on the key academic
requirements of assessing the courses and marketing the program.
With respect to drop/adds, Mr. Mclntyre stated that, if it in any way involves an issue
requiring academic advice, then the SSS would refer it to an academic advisor or
program coordinator.
Mr. Kent MacDonald, the Dean of the School of Business stated that the role of SSS
and the role of coordinators are different and emphasized that there are more
coordinators in 2003, and 2004, then there were prior to the hiring of SSS.
Ms Sherry Mulligan testified that she has been a SSS in the School of Business for
three months. She stated that she works from 8:00 a.m. until 4:00 p.m. five days per
week and is paid an hourly rate. She testified that she performs the following duties.
Daily Duties
· Interoffice mail
- File CSD letters in a Confidential binder
- Pass on the exemption sheets (internal and external) to the
appropriate Coordinator or Chair
- Pass on the program transfer forms to the appropriate
Coordinator or Chair
- I post Promotional or job advertisements for companies on
my bulletin board
- If Sue Bayley is away on Holidays I will sign for the parcels
that come into our department and file the mail in the
12
professors mailboxes
· Email/Answering Phones
- Each morning I will answer emails and phone messages from
student, professors, coordinators, registrar's office, internal
department and outside parties
- The requests vary from when a course is offered, the amount of
hours in a course to a student number needed. It is very
unpredictable.
· Student Walk-ins/Meetings
- Students can come see me at any point and they do not need a meeting
time.
- They are my number one priority
- Students can come to talk to me about general information about their
program of study (i.e. how many electives they have to take when they
started the program, where can I get a tutor, when is our tuition due)
· Computer
- Using Microsoft products, Internet, Email, Backboard and GeneSIS
- Formulating letters for student to reactivate them in the system so they
can be able to register for studies, creating memo's which deal with
special circumstances made by my coordinators or chairs with towards
their students, writing memos to registrar's office telling them that a
student is part-time or full-time, changing a students level etc.
- Posting documents, meetings, minutes and announcements on
Backboard for our program council site and advising sit.
- Formulating elective sheets, templates, posters etc using Word, Excel,
Power Point
- Printing off job advertisements each day and posting the jobs on our
board.
· Filing/Photocopying
- Each day I receive files from Wayne Mclntyre, coordinators, professors,
registrar's office and file in my cabinet.
- Majority of my files are electronic
Weekly Duties
· Room Bookings
13
- I am the contact person for the students who are involved in Program
Council meetings, which means that I book rooms for them.
- I will also book rooms for the students upon request, post the agenda, and
inform students on Blackboard,
- I also book rooms for other events such as special guests and upcoming
meetings.
· Star Students
- If the star student need help with a task I will assist them.
- I also give them small duties to do such as i.e. making posters,
photocopying.
· Information Walk-ins
- Going to the first year classes and introducing myself as the
Student Success Specialist.
- Making the students aware of things at certain times of the year
and outlining what my job entails.
· Marks Analysis
- Is an ongoing project that was designed to track the success of our
students in the programs from all levels of study.
- Viewing the grades from one year to the next
- The spreadsheet is used for statistic reasons for the
Chairs/Coordinators
· Probation Letters
- Sending out letters to students who were unsuccessful in the term
and making them aware
- I also keep track of these students in a spreadsheet
· Promotional Stuff (i.e. tours)
- Organize tours for students who are interested in the School of
Business
- Provide an information package and brochures
· Attend Information Sessions
- I attend information sessions such as career fairs, guest speakers
etc. to provide additional feedback for the students
14
· University Articulation
- I organize the visits for the Universities that we have agreements with in
the School of Business
- I update the website as well as keep the most current information in my
office for the students
- I attend the info sessions so I have a better understanding of the
agreements and the new changes from each year.
Monthly Duties
· Preparing Elective Sheets
- I meet with the Chairs from each department and they verify with
me, which courses they are going to offer
- I formulate the elective sheets with the current information and then
send them to the registrar's office
- I also post the information for the students on my bulletin board
- I also make sure the course description for each course is
accessible.
· Registration
- I help the registrar's office with registration for the School of
Business.
- In the first week of school I make changes to the students
timetables such as, change of course section times, scheduling
error (i.e. the student has already taken the course), the student
was enrolled in the wrong course, the student wants to take it at
night course or distance education course, the student changes
their area of study, they need a course to substitute for the course
they failed etc...
- I help the student fill out the drop/add sheets, program transfer,
course exemptions, withdrawal sheets, and part-time status
· Surveys
- We have multiple surveys that go on through out the semester.
- The KPI survey is a major survey that I am heavily involved in.
- I was paired up with a professor or coordinator and we were
assigned to classes which we administered the survey.
- The course evaluation surveys I hand out to the professors and
keep track of the surveys that has been collected and send them to
the planning department.
15
- Full-time survey etc...
· Odd Projects
- Wayne or Tammy will give me projects to do on an ongoing basis
- For example (graduate symposium, guest speakers, class visits,
PASS event, Orientation)
· Web Site Updates
- I am in charge of the updates for the School ob Business Website.
- Any new ideas or changes that I want to be made to the website
send our technician the updates and he will change them on the
website.
· Early Alerts
- I send out the form to all the professors
- I keep track of the students in an excel spreadsheet
- In the 5th or 6th week I notify each program coordinator of the
students and the issues and they advise the student.
- I do assist sometimes with setting up meeting times
· Academic Dumps
- I organize the professors/coordinators on the process and tell them
which level and program of study they will be evaluating. I break it
down into smaller categories for them.
- I provide all the necessary information so that the job can be done.
· Department Meetings
- I attend the department meetings when requested to listen to the
new changes and ideas that may be occurring in the next year.
- Provide input and information
- Take minutes and notes
· Distance Education/Continuing Education
- Provide students with information about the CE and DE courses
- Respond to inquiries about the coursers
Ms Mulligan stated that if a student has questions or concerns about academic matters
16
she refers the student to the program coordinator. She acknowledged that SSS are the
first and primary contact with the students. She stated that her function was to build a
relationship with the students, and to gather and analyse data. With respect to
drop/adds, Ms. Mulligan stated that she refers students to the program coordinator if
there is an academic issue to be discussed.
DECISION
The Union submitted that article 14.03 A 3 makes it clear that coordinators are teachers
who must be members of the academic bargaining unit, and that coordinators have a
special status and an indivisible bundle of duties which cannot be parcelled out to non-
bargaining unit members.
While a coordinator may receive an additional one or two steps on the salary grid and
release time from teaching to perform their duties, nevertheless the position of
coordinator is not a classification or position to which the seniority or layoff provisions of
the collective agreement apply. As such, it is a position of status and leadership.
It was the Union's first position that because of the unique nature of the coordinator
position, the conventional functional analysis in which arbitrators examine whether the
core functions of the coordinator position have been infringed upon by SSS in
determining whether there has been a violation of the provisions of the collective
17
agreement is not applicable.
Alternatively, the Union urged a qualitative analysis of the coordinator's work and an
analysis of whether the work done by SSS qualitatively diminishes the work of a
coordinator. In this regard the Union submitted that, insofar as SSS may be the primary
or only contact point with a student, and insofar as SSS make the only determination as
to whether a coordinator should become involved, this function undermined and
diminished the value of the coordinator position.
In support of its submissions reference was made to the following arbitral decisions Re
Heede Intemational Ltd. and International Brotherhood of Boilermakers, Lodge 359,
(1977) 17 L.A.C. (2d) 429 (J.M. Weiler), Re Draftsmen's Association of Ontario, Local
164, and Canadian General Electric Co. Ltd., Guelph Works, (1969)20 L.A.C. 154
(C.G. Simmons), Algonquin College and Ontario Public Service Employees Union,
Grievance #87P95, unreported, October 31, 1989, (HD Brown), George Brown College
and Ontario Pubfic Service Employees Union, unreported, October 6, 2003, (D.K.L.
Starkman), Niagara College and Ontario Public Service Employees Union, unreported,
December, 1991, (C.G. Simmons), Algonquin College and Ontario Public Service
Employees Union, Local 415, unreported, August 3, 2001, (P. Knopf).
The College submitted that it had the management right to establish a system of
academic counselling which had a primary point of contact, and emphasized that the
18
introduction of SSS, at best, reduced the clerical and administrative duties of
coordinators.
It emphasized that in establishing SSS, the College did not intend, nor has it in fact
infringed upon the core duties of a coordinator, and that there are many reasons for the
reduction in student contact time experienced by Ms Smith other than her assertion that
SSS were performing this function, and that there was no evidence of the erosion of the
number of co-ordinators or reduction in academic SWF's.
In a number of decisions between these parties arbitrators have used a core function
test to determine whether a particular employee is properly in the academic or support
staff bargaining unit. In Fanshawe College of Applied Arts and Technology and
O.P.S.E.U. 1996 C.L.A.S.J. Lexis 24103, August, 1996, (K.M. Burkett), the Board was
considering the classification of an employee who taught in the Tourism and Hospitality
division of the College. At para. 19, after considering the evidence, the Board
concluded:
...The core function test, as applied by Arbitrator Brent, is the best
measure for deciding whether an employee is more appropriately in the
academic unit or more appropriately in the support unit when, as here,
there are overlapping duties and responsibilities. On the facts here the
core function test, as we have already found, causes us to conclude that
Ms. Bond is properly within the support staff bargaining unit.
In Ontario Pubic Service Employees Union and Fanshawe College Re. Grievance Re
Nursing Liaison Position, 1997 C.L.A.S.J. Lexis 17432, (M.G. Picher) the Board was
19
considering whether a nursing liaison position was within the academic or support staff
bargaining unit. After adopting the core function test the Board stated at para 32:
In what meaningful sense can it be said that the liaison officer performs
a teaching function? To be sure, as related by Ms O'Brien, contact with
student nurses will give rise to occasions where the liaison officer might
see a problem and offer advice on the spot. In that respect, her
involvement is not unlike that of the kitchen manager whose
responsibilities were examined in the award of Arbitrator Burkett.
Occasional or incidental opportunities to offer a tip or a corrective
suggestion do not, of themselves, suffice to bring a position within the
academic bargaining unit. As the cases amply disclose it is the core
function of the duties and responsibilities of the job which must be
looked to. Upon careful consideration of the totality of the evidence
before us, we are compelled to the conclusion that the core
responsibilities of the liaison officer's role are more fairly characterized
as administrative and clerical, rather than in the nature of a teaching or
academic responsibility. Such functions as monitoring attendance,
compiling assessments and grades assigned by others, reviewing logs
and even periodic meetings with students and preceptors do not, in our
view, qualify as teaching in the sense contemplated by the collective
agreement, as that concept has evolved in the jurisprudence reviewed
above, If the facts of this case can be analogized to a university setting,
many of the duties and responsibilities of the liaison officer can fairly be
likened to the tasks normally performed by a dean's secretary or
administrative assistant. We are satisfied that the core functions of the
position in question do not fall within the concept of teaching, and should
not be viewed as teaching contact hours or work falling within the
academic bargaining unit. While it is undeniable that the role of the
liaison officer contributes substantially to the advancement of the
education and training of the student nurses in the pre-graduate
semester, the position is fundamentally administrative, and not
pedagogical in nature.
Similarly in Niagara College and Ontario Public Service Employees Union, 1998
C.L.A.S.J. LEXIS 9058, the Board was considering whether the position of Co-op
Consultant was properly included in the support staff bargaining unit. At para 25 the
20
Board stated:
Finally, however, it is important to observe that placement of a job within
one bargaining unit or the other is based upon the core function of the
job, and not on ancillary assignments. The distinction drawn in the
arbitral jurisprudence is based not on the mere fact of the assignment of
some academic bargaining unit duties to someone who would otherwise
be in the support staff bargaining unit, but on the quantity of that
assignment, In both Re Georgian College and Ontario Public Service
Employee Union, Union grievance 89B533, October 17, 1990 (Carter)
and Re Mohawk College of Applied Arts and Technology and Ontario
Public Service Employees Union, Sweeny Grievance 96C782 and
96C783, May 15, 1997 (Howe), the awards collect together and approve
the cases which have applied a core function test on the question of
bargaining unit jurisdiction, and apply that test to positions remarkably
like the one now before us for consideration, only to conclude that
someone performing duties similar to the present Co-op Consultant is
properly placed, on the basis of the core functions of marketing, public
relations and administrative tasks, in the support staff bargaining unit.
In this matter the collective agreement clearly provides that coordinators are teachers
who coordinate courses and/or programs under the direction of an academic manager
who assigns the specific duties.
The evidence is clear that in hiring SSS, it was not the intention of the College to
infringe on the traditional duties performed by coordinators, but, to the contrary, the
intention was (i) to provide a better level of service to students by creating a central
information distribution point to direct students where to go to get their questions
answered, and (ii) to reduce the administrative and clerical duties associated with the
coordinator position so that coordinators can concentrate on the key academic
requirements of assessing the courses and marketing the program.
21
The Union submitted that the job functions historically performed by coordinators are
indivisible and that the College cannot remove some of the functions without
diminishing and fundamentally altering the nature of the coordinator position. I do not
accept this submission.
A review of the evidence of Ms Smith and the position description of academic
coordinator discloses that the central purpose and responsibilities of the position are
with respect to curriculum development, coordination of the teaching duties of
professors, scheduling, student registration, examination preparation and evaluation,
recommendations for graduation, marketing, promotion, recruitment of students and
advising students with respect to their assigned programs.
The job description of SSS are more clerical in nature and include assisting students
to gather information regarding their records and programs of study, assisting in the
registration progress including adding and dropping courses which have been pre-
approved, revising election forms, verifying residency requirements, and sending
various letters and memos to students at the request of coordinators or department
chairs.
Ms Smith confirmed that her major concern was that SSS were doing academic
advising, and she drew this conclusion from the fact that she had personally been
doing significantly less advising since SSS were hired, that SSS made certain
decisions about whether students could drop/add a course, and that SSS made
22
decisions concerning which students would be referred to coordinators for advise and
counselling. Ms Smith also stated that she had seen SSS sign drop/add forms and
transfer forms.
In my view it is difficult, considering the number of prior arbitral decisions between the
parties, to depart from the core function analysis when determining whether a position
is properly within the academic or support staff bargaining unit. The Union attempts to
draw a distinction on the basis that this grievance concerns the coordinator position.
The collective agreement however does not specify the job duties of a coordinator
and, given the breadth of responsibilities performed by coordinators across the
College system, to endeavour, without express language in the collective agreement,
to lock in all the job responsibilities such that they could not be changed or amended
in any way, would lead to unnecessary rigidity and protracted disputes.
The core function test, because of its history and its flexibility, is entirely suited to
resolving a grievance of this nature. The College recognizes that the position of
coordinator has certain core functions or responsibilities and is not endeavouring to
infringe on them. Rather it is seeking to remove or lessen some of the administrative
or clerical duties in order to better meet student needs, and in order that coordinators
can concentrate on their core duties more effectively. The evidence discloses that, for
the most part, this has occurred.
The grievor and the Union point however to certain actions or incidents in which
23
particular SSS may have performed a task, or taken an action such as signing
drop/add forms which, in the Union's view, required academic counselling because of
the potential repercussions to a student's program of study. Mr. Mclntyre testified that
he advised the SSS that they are not to engage in academic counselling but are to
refer students who have questions or concerns about their programs of study to the
appropriate coordinator, and also stated that it was the responsibility of the Chair of
the Department to sign the drop/add forms and advance placement forms.
Ms Mulligan testified that she does, in fact, refer students who request or require
counselling to a coordinator, and that occasionally she signs drop/add forms when a
student is requesting to change sections of a course because of timetabling conflicts,
or will approve an advanced placement if the course has been pre-approved by the
Department.
At the present time there are one full-time and two part-time SSS in the Business
School, who are employed on a trial basis. If successful, it would seem that these
positions will become more prevalent across the College and it is understandable that
the grievor and the Union are concerned about the scope of these positions and the
degree to which they interact, or perhaps even conflict, with the duties historically
performed by coordinators.
The evidence presented at the hearing however, does not disclose that SSS have
been sanctioned to perform, or have in fact been performing, on a sustained or
24
continual basis, any of the core functions of the coordinator position. There may be
some incidents of SSS 'counselling' students when the Union believes such students
should have been referred to a coordinators, but these incidents are isolated and not
systemic, and are not, in my opinion, sufficient to conclude that SSS are performing
the functions of coordinators. In my view the reasons for the decline in student
contact experienced by Ms Smith are more likely attributable to other factors including
that most counselling referrals by SSS in the Business Department are to the program
coordinators.
Accordingly I have concluded, based on the evidence presented, that the SSS are not
performing, to any significant degree, the core functions of a coordinator and the
grievance is therefore dismissed.
If, at some future date however, there is evidence that SSS are performing significant
coordinator core function duties, or that they are performing some duties traditionally
performed by coordinators for a significant periods of time, such as to result in a
diminution of the prestige of the coordinator position, or as a consequence of
performing these duties, there is a significant reduction in the number of coordinator
positions, a different result may obtain.
25
Dated at Maberly, Ontario this 15th day of June, 2004
David K.L. Starkman