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HomeMy WebLinkAboutBailey 99-07-16BETWEEN: ONTARIO PUBLIC SERVICE EMPLOYEBS' UNION, LOCALS 560/561 (hereinafter called the Union) - and- SENECA COLLEGE OF APPLIED ARTS AND TECHNOLOGY (hereinafter called the College) - and - (hereinafter called the Grievor)lk-~_~/ SOLE ARBITRATOR PROFESSOR IAN A. HUNTER APPEARANCES: FOR THE UNION: Ms. Janice Iiagan, President, Local 561 FOR THE COLLEGE: Ms. Jane Wilson, Employee Relations AN EXPEDITED ARBITRATION HEARING WAS HELD AT SENECA COLLEGE ON JUNE 21, 1999 ! (1) Back~round The grievance of Ms. Donna Bailey is dated June 17, 1998 (Exhibit 1) and alleges improper classification. Ms. Bailey commenced employment at Seneca College on Hay 23, 1989 as a Clerk'C' in the Admissions/Registration Department. On October 1, 1990 she became a Program Assistant, Continuing EducationDepartment. On November 1, 1993 she became an S.S.O.-A in the Continuing EducationDepartment. On January 2, 1998 she was reclassified as an S.S.O. - B. On June 17, 1998 following a Step 1 grievance meeting, she was reclassified as an S.S.O. Atypical, Payband 10. The grievance (Exhibit 1) claims that she should be classified as an S.S.O. ~ C in Payband 11. (2) The P.D.F. The content of the P.D.F. (Exhibit 4) is not in dispute. (3) Overview of the Position The position is~ Program and Services Information Officer in the Faculty of Continuing Education. The position reports to the Director of Program Services Systems and Distributed Learning (Ms. Susan Savoie) . The P.D.F. makes it clear, and the Grievor and her Supervisor (Hs. Savoie) both agreed, that the essential duties of the position arethree-fold: (1) ~ecruitment, Schgduli~g, and Supgrvision of Part-Time ~nd_ Eveninq Staff These staff include reception clerks, couriers, student guides, test centre and library staff. The Grievor performs this function for the Newnham campus (approximately eight(8)part-time staff) and for all of the satellite campuses (Richmond Hill, Jane, Yorkdale, Don Mills, and Yorkgate -approximately nine (9)people). The Grievor hires such part-time staff, and she monitors and supervises them. She works from 1 p.m. to 9 p.m. from her office at Newnham Campus, in order to be available if problem situations arise at the Hain Campus or at any of the satellite campuses. Her problem solving function would arise if scheduled classes are cancelled, or students show up at one campus to find that a class has been moved to another campus, or there are conflicts in room scheduling between two instructors,etc.. The Grievor agreed that this function comprised approximately forty-five percent (45%) ofthe duties of theposition. (2 Communicate Information to Part-Time Students The Grievor is involvedin communication and distribution of two (2) publications: the Student Handbook (Exhibit 6) which ¢omesout at the start of each term. This a one hundred (100) page booklet which provides essential information for part-time students on the academic and related facilities of Seneca College. 4 The Grievor is also involved with Scene, a continuing education newsletter published three (3) times a year (Exhibit6). The position's responsibility is to gather information for each of these publications, some writing, and some editing. The Grievor is also responsible for the distribution o~hese publications at each campus through couriers. Ms. Bailey is responsible for the distribution of P.I.P.S. (Program Information Packages). These are descriptions of the approximately ninety (90) subject area programs made available to all continuing education students. The information in the P.I.P.S. is actually put together by the department concerned; however, the Grievor is responsible for proof-reading, spotting errors, and making corrections. The communication function of the position occupies approximately twenty-five percent (25%) of theGrievor's time. 5 3) Coordination of Academic Prosrams. Semester Start-uns, Promotion Meetings, etc. At the start of each semester, the Grievor's responsibility is to coordinate the scheduling ofstaff to be available for evening coverage at each campus during the three (3) week start-up period. For promotion meetings, orientations, the Saturday successsemesters, etc. the Grievor's responsibility is to schedule meeting rooms, arrange for provision of food and beverages if required, ensure that appropriate documents are available to students, devise appropriate seminar topics and arrange for speakers, etc.. The Grievor is also involved with the student surveys. She arranges for their distribution and pick up. She analyses the survey results anddistributes those results to the Department Chairs. This function occupiesapproximatelytwenty-fivepercent (25%) of theGrievor's time. 6 (4) Job Factors AGreed UDon The Union and the College are in agreement on the following jobfactors: Factor Level points ge~iS~me~ty ~ 102 Motor Skills c3 25 16 ~b~m~n~Uei~Contacts ~ 124 Responsibility forDecisions/ Actions 4 62 WorkEnvironment 2 32 (5) Job Factors in Dispute (a) Trainln~/Technical Skills This factor measures the minimum amount of independent study, formal education, internal and/or external training programs, professional or technical courses, or apprenticeship programs necessary to fulfil the requirements of the position. The College has rated this factor Level 4: *Required skills normally acquired through attainment ofsecondary school graduation and completion of additional job related training courses , orone year Community College diploma, or equivalent." The Union has rated this factor Level 5~ "Required skills normally required through attainment of a two year Community College diploma or equivalent. Job duties require the ability to organize simple statistical information and to understand the elementary principles ofscience or a professional discipline." Inote, first, that until 1998 the College had required a two (2) or three (3) year Community College diploma or equivalent combination of education and experience. This qualification was lowered in 1998 because, according to Ms. Savoie, the two people who had occupied the position did not have a Community College diploma, yet both had functioned successfully in the position. She testified that the College had originally thought that a Community College diploma was a minimum requirement. However, from experience they found that it was not necessary. She said that what was necessary was extensive experience, rather than a formal Community Collegediploma. The Grievor, Donna Bailey, does not have a Community Collegediploma. However, she does have an eighteen (18) month intensive course at a business college. Given that this was eighteen (18)gon~ut~ye months (i.e. without summers o fl), I consider this to be roughly the equivalent of a two (2) year Community College diploma. Although neither of the two incumbents in the position held a Community College diploma, I must keep in mind that it is a position, not a person, that I am classifying. The Grievor testified that a Community College diploma, or equivalent, is necessary because of the communication skills required in the position. The P.D.F. indicates that the position requires "excellent" communication skills; indeed, approximately twenty-five percent (25%) of the Grievor's time is spent composing or editing the Student Handbook, the student newsletter ~cene, or the P.I.P.S.. I agree with the Union that a highschool graduate is unlikely to have the writing and communication skills necessary to undertake this task. I note as well that the College's classification equates the position to a Clerk General'D' or a Secretary'B' or ~C~ 9 The Union's proposedclassification (Level5) equates the position to an $.S.O. - A and B - both of these classifications the Griever has previously occupied. To accept the College's position I would have to conclude that the formal education requiremmnts of the position had lessened since 1998. But, in fact, the evidence of both the Griever and Ms. Savoie was that the intellectual demands of the position had increased. From all of the evidence, I have concluded that the position is correctly evaluated Level 5 for Training/Technical Skills. (b) Experience This factor mmasures the amDunt of practical experience in any related work necesss~ to fulfil the requiremmnts of the position. The College has evaluated Experience at Level 4~ "More than three years and up to five years of practical experiences." The Union has evaluated Experience at Level 5: "More than five years and up to eight years of practical experiences." 10 The P.D.F. refers to "five years of progressively responsible experience in either a communication/ information role, or client service/relations role or administrative assistant role. Supervisory experience is required." Since five years is the common element to both Level 4 and 5, my job is to decide whether ernot five 5) years is the maximum experience requirement for minimal performance in the position (the College's position) or the minimum requirement (the Union's position). I have found this to be a difficult issue. The Grievor's evidence was that "five years is the minimum requirement to do this job" She said that that was so because an incumbent must know the College, must understand college policies and procedures, and must have an intimate familiarity with the approximately ninety (90) subject areas involved in the academic programs. Ms. Bailey said that it would take at least five (5} years to acquire such knowledge. On the other hand, Hs. Savoie thought that such knowledge could be attained in less than five (5) years. If someone came into the position with a program assistant background (three (3) years) she thought that one (1) 11 year of additional experience would qualify someone for the position in question. Baying considered the evidence of both the Grievorand Ms. Savoie, and given the language of the P.D.F., I have concluded that something more than five (5) yea~ experience is required for the position. I base this conclusion in part on the evidence of Donna Bailey, in part on the P.D.F., and in part on my overall assessment that the diversity of functions involved in the position require something more than five (5) years I do not think it is than five experience. much more years experience, but I think it is more. Accordingly, I rate Experience Level 5. (c) Sensorv Demand This factor measures the demand on mental energy while performingtasks. The College has rated this factor Level 3~ #... moderate ... sensory demand frequent careful attention to detail and accuracy .... ~ 12 The Union has rated this factor Level 4 · -.. considerable sensory demand frequent careful attention to detail and accuracy .... Particularly in the writing and proof-reading functions of the job, there is no doubt that careful attention to detail is required. However, I note that this function embraces, at most, approximately twenty-five percent (25%) of the overall duties ofthe position. I asked the Grievor what requires the highest degree of concentration, and she replied that it was proof-reading theP.I.P.S. (Program Information Packages) in order to spot errors. Ms. Savoie pointed out that the P.I.P.S. are written by the department concerned, and the Gr~evor's responsibility is to attempt to ensure that they are comprehensible to a reader. The Union's proposed Level 4) would equate the position to a Bus Driver, Clerk General D, or Switchboard Operator. I am not satisfied from the evidence that the sensory demands are that high. 13 Accordingly, I hold that the College has correctly evaluated sensory demand at Level 3. (d) Strain From Work Pressures/Demands/Deadlines This factor measures the strain associated with, or caused by frequency and predictability of deadlines, interruptions, distractions and/or workloads, multiple and/or conflicting demands and/or dealing with people in difficultsituations. The College has evaluated this factor Level 4' "... conflicting work and frequent interruptions in pressures workflow. Work situations may he unpredictable with shifts in priorities and occasional critical deadlines." The Union proposes Level 5: "... continuous work pressures and unpredictable interruptions in workflow. Numerous conflicting demands and tight deadlines occur frequently." There was no evidence, either from the Grievor or from Ms. Savoie, which would warrant a Level 5 rating. While much of the Grievor's work is subject to deadlines, the deadlines are predictable and cyclical. There was no 14 evidence of "continuous work pressures* nor of "conflicting demands and tight deadlines". This factor is correctly evaluated Level 4. (f) Independent Action This factor measures the independence of action and decision-making required by the job. The College has rated this Level 4: "Job duties are performed in accordance with procedures and past practices which may be adapted and modified to meet particular situations and/or problems. There is considerable freedomto act independently withsupervisor input or verification when requested." The Union has rated this Level 5: "Job duties are performed in accordance with general instructions and policies involving changing conditions and problems. There is significant freedom to act independently." Once again, the evidence of both the Grievor and Ms. Savoie , supported an evaluation at Level 4. -~ 15 The Grlevor performs her duties in accordance with College policies and procedures. She frequently faces unpredictable situations, but these are resolved by the application of common-sense and past practice. She has considerable freedom to act independently, but her supervisor Hs. Savoie is available for consultation on any unusual problem or issues that have larger policy implications. Independent Action- Level 4. From the evidence put before me I have concluded that the position in question is correctly evaluated as follows: Factors Levei Points Training/TechnicalSkills 5 91 Experience 5 57 Complexity 5 74 Judgement 6 102 Motor Skills c3 25 Physical Demand Sensory Demand $ 28 Strain from Work Pressures/ Demands/Deadlines 4 39 IndependentAction 4 46 Communications/Contacts 4 124 Responsibility forDecisions/ Actions 4 62 WorkEnvironment 2 32 S.S.O.Atypical Payband 11 Total 696 Dated at the City of London this day of , 1999. _----~rofeltt~o.r i'&n ~. Hunter Sole b~trator