HomeMy WebLinkAboutEasson 97-00-00In the matter of an arbitration
between
LAMBTON COLLEGE OF APPLIED ARTS AND TECHNOLOGY
(hereinafter referred to as the College)
and
ONTARIO PUBLIC SERVICE EMPLOYEES UNION, LOCAL 124
(hereinafter referred to as the Union)
Classification Grievance: Linda Easson
Sole Arbitrator: Gregory J. Brandt
Appearances:
For the College: Gwen Trone, Personnel Officer
Carla Murphy, Controller
For the Union: Shelley Brown, Chief Steward
Alec Ip, Local Union President
Linda Easson, Grievor
Hearing:
Lambton College, Samia
June 23, 1997
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AWARD
1. Introduction
The grievor is an Accounts Payable Clerk employed in the Accounting Department
at the College. She is currently classified as a Clerk General C, Payband 6. in this
grievance she alleges that she has been improperly classified and seeks reclassification to
Clerk General Atypical, Payband 7.
In addition to the grievor there are also employed in the Accounting Department a
Payroll Clerk (who is classified as Clerk General Payband 7), an Accounts Receivable
Clerk (classified as a Clerk General Atypical Payband 7), an Accountant (employed on a
contract basis), a Controller (Ms. Carla Murphy) and the Vice-President Finance and
Administration (Ms. Margaret Dragon) each of whom are also accountants.
2. The grievor's duties and responsibilities
The Position Description Form (PDF) summarizes the position as follows:
To provide clerical services required to process supplier's invoices and
cheque requisitions for payment, and to maintain all related files.
The Duties and Responsibilities of the position as set out in the PDF are as follows:
i. Process invoices for approval and payment by:
· matching the purchase orders and receiving slips to ensure agreement of quantities,
prices, and arithmetical accuracy of invoices
· recording the P.O. number, general ledger account numbers, discounts, GST receivable
and other applicable data prior to forwarding invoices to appropriate cost centre
supervisors for approval
· receiving approved invoices back from cost centres and checking signatures for
appropriate signing authority and forwarding to Controller for final approval
· sorting invoices into alpha order for processing and production of cheques to suppliers.
· filing cheque copies and attachments in suppliers' files 52%
2. identify payments processed in the Accounts Payable system that should be recorded
on T4A's at the end of the calendar year (i.e.F.T. Pay and P.T. Pay, Contracts, OBS and
Bursaries not processed in the payroll system). This information is then provided to the
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Payroll Clerk for input onto T4A' s. 7%
3. Periodically check outstanding hard copies of Purchase Orders to determine if they
should have been marked complete, and encumbrances removed from the Financial
System. Maintain the status of encumbrances and send out inquiry forms. 7%
4. Check supplier's monthly statements on a regular basis. Communicate with suppliers
to obtain copies of unpaid invoices where necessary and to resolve any discrepancies in
respect to goods and services provided. 7%
5. Record all Bookstore internal requisitions and computer purchases using a spreadsheet
to calculate appropriate discounts and taxes. 7%
6. Analyse Travel Advance accounts and send out letters to employees to expedite the
clearing of this account. 4%
7. Responds to Accounts Payable inquiries from cost centre supervisors regarding
payments and encumbrances. 4%
8. Posting cheques and journal entries to financial system as vacation backup 3%
9. Provide backup for Payroll Clerk 3%
10. Prepare documents to Obtain US $ drafts for US suppliers 2%
11. Open mail/affix date stamp on daily basis and distribute 2%
12. Provide data on an as-needed basis for Controller 2%
It is apparent from the PDF that the principal job duty is that of processing
invoices for approval and payment, responding to concerns and questions from cost
centre supervisors regarding invoice payments and from vendors (and cost centre
supervisors) concerning the non payment or late payment of invoices. In addition the
grievor is responsible for keeping accurate records and conducting periodic checks to
make sure that the financial system records are current and complete. The various duties
involved in that aspect of the job (i.e. numbers 1,3,4 and 7) comprise 70% of the time.
The invoices to be processed are received primarily from suppliers or vendors (of
such goods as, for example, books or lab materials). However, in addition the grievor is
responsible for processing invoices for services (from, for example, an employee doing
contracted work for the College) and for processing travel advance claims of College
employees. Invoices and supporting documents (such as receiving slips in the case of
supplies received) are examined to determine that the goods that have been received (and
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for which payment is demanded by the invoice) reflect what was ordered in the purchase
order and the amount stated on the invoice is arithmetically correct. Various pieces of
information (P.O Number, account numbers, etc.) are recorded on an attached yellow
ticket and the invoices are sent on for approval by the supervisor in the appropriate cost
centre that placed the order. If approved the invoices are returned to the griever who then
enters certain data on the computerized accounts payable system. The invoices are then
forwarded to another clerk who processes the cheques for payment.
It is quite common to have blanket Purchase Orders where a cost centre will, over
the course of a year, make a number efpurchases under the same purchase order, until
such time as the amount of money set aside to cover the purchase order has been
exhausted. It is the griever's responsibility to ensure that all efthe invoices are then
recorded against that purchase order and to advise the cost centre when the monies have
been expended.
The most common problem faced by the griever in connection with this aspect of
her duties is that which arises when the invoice lacks the necessary information (such as a
Purchase Order number) that will allow her to locate the Purchase Order and in mm
identify the cost centre against whose budget this particular invoice is to be charged and
the cost centre supervisor to whom the invoice should be sent for approval. In that event
it is her responsibility to discover by other means the identity of the cost centre. In some
instances the nature of the goods or articles received may provide a clue as to which cost
centre may have ordered it. Or the packing slip (if available) may indicate where the
goods were sent. Ifnene efthese sources will identify the cost centre the griever may
call some cost centre supervisors whom she thinks might have ordered the goods and,
failing that, she may call the supplier (vendor) itself to find out the name of their contact
at the College, viz, the person who placed the order.
The griever also attends to inquiries from vendors concerning unpaid invoices.
Where the invoice is unpaid because it has been lost or payment has somehow not been
remitted to the vendor, the griever will attempt to locate the invoice in her files and
process it in the manner described above. Where the invoice cannot be located she calls
the vendor and asks for a copy to be sent to her - which invoice she in turn forwards to the
appropriate cost centre supervisor for approval and ultimate payment. Where there is a
dispute concerning the amount of the invoice or the quantity or condition of the goods,
the griever may play some role in conveying information between the vendor and the cost
centre supervisor cenceming the issues in dispute, but ultimately the decision as to
whether or not to pay the invoice is that efthe cost centre supervisor. A problem which
arises fairly often (once a month) cencems the late payment of invoices. It is the policy
efthe College not to pay service charges for late payment of outstanding accounts and it
is the griever who has the responsibility of communicating that policy to the vendors and
of persuading them to drop the late payment service charge. It was her evidence that
generally she is able to resolve problems of this nature.
Occasionally a situation may arise where the College will receive an invoice for
which it is not responsible. The griever described one instance in which she had received
an invoice from a car rental agency and, after having called a number of cost centre
supervisors none of whom would approve the invoice, finally determined that the person
renting the car was a person on contract to the College and therefore responsible for his
own expenses. Accordingly, she contacted the car rental agency and advised them that
the person in question was not an employee efthe College, and that only people with
proper College identification were entitled to bill the College.
There are no College procedures manuals to guide the griever in the resolution of
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these problems. Ms. Murphy acknowledged that the griever learns the system "on the
job" and that the procedures for solving problems are sufficiently standardized that most
problems can be solved without any need for coming to her. In that regard the griever
stated that she felt that she could handle most of the problems on her own. When asked
whether there was any process she followed in dealing with the problem the griever
replied that she would just "recognize that there was a problem, get the facts, and try
various things in order to fix the problem."
As noted, one efthe griever's job duties is to "analyse Travel Accounts and send
out letters to employees to expedite the clearing cf the account." Employees who travel
on College business and whose travel expenses will be paid by the College may either
receive a cash travel advance out of which travel expenses are to be paid (and for which
they must account) or may submit a requisition for reimbursement of expenses incurred.
Where a travel advance is approved the griever records the amount of the advance and the
account number on a Travel Advance list. On occasion there may be several people
claiming under the same account number and it is necessary for the griever to ensure that
all of the individual claims are charged to the correct same account. When legitimate
expenses are incurred a Travel and Expenses Statement must be submitted back to the
Accounting Department itemizing the expenses incurred. Where no travel advance has
been received and the expenses are approved the employee will be reimbursed by cheque.
Where a travel advance has been received the expenses incurred will be deducted from
the travel account and, where the expenses exceed what remains in the account, the
employee is entitled to be re-imbursed in the amount of that excess provided the expenses
in question conform to College policy cenceming such things as car rentals, mileage
allowance, meal allowances etc.
The griever stated that her responsibilities in connection with this duty are to
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"reconcile" the travel accounts preferably on a monthly basis but no later than at year
end; to remind employees who are in receipt of an advance to send in any expense reports
or, if they have not accounted for the advance, that must reimburse the College. In that
regard the union brief included a memorandum from the griever to a College employee
advising him of the outstanding balance in his account and requesting that he provide his
expense reports by a named date. It is acknowledged that this letter was written on the
instructions of Carla Murphy (to whom it was copied).
She also stated that she has, in connection with this aspect of her duties, had to
"disallow" certain expenses (eg. movies and bar bills) that cannot be claimed according to
College policy and to explain College policy in that regard. Ms. Murphy disagreed with
the claim that the griever has no authority to "disallow" expenses. Rather it was her
expectation that the griever would come to her if she thought that a particular expense
should be disallowed. It would appear that certain documentation filed by the Union in
its brief would support Ms. Murphy's account of the griever's responsibilities in this
regard. That documentation consisted of a travel and expense statement submitted from a
College employee claiming mileage expenses which claim was approved by the griever
after speaking to the secretary to Ms. Dragan, (Vice-President, Finance) who had
expressed some concern about the employee submitted a mileage claim rather than
electing to travel more economically through use of a car rental.
As noted the PDF indicates that 7% efthe griever's time is spent "identifying
payments processed in the Accounts Payable system that should be recorded on T4A's at
the end of the calendar year --and providing that information to the Payroll clerk for input
onto T4A's." Specifically, the kinds ef payments identified are monies paid to full and
part time employees who do contract work for the College (and invoice it accordingly)
and monies paid under the Ontario Basic Skills program and bursaries which are not
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otherwise processed through the payroll system. This duty exposes her to information
concerning the incomes of some staff and students. She also has some exposure to
information concerning employee's income through the requirement that she provide
vacation backup for the payroll clerk.
3. The rating of the position and the factors in dispute.
The following table sets out the College and Union ratings of the respective
factors.
Factor College Union
Level Points Level Points
1. Training/Technical Skills 3 52 4 71
2. Experience 3 32 3 32
3. Complexity 3 41 3 41
4. Judgement 3 48 4 66
5. Motor Skills 3 25 3 25
6. Physical Demand 2 16 2 16
7. Sensory Demand 4 39 4 39
8. Strain-Pressures/Demands/Deadlines3 28 3 28
9.Independent Action 3 33 3 33
10. Communications/Contacts 2 52 3 88
11.Responsibility for Decisions/Actions 3 44 4 44
12. Work Environment 1 10 1 10
Band/Total Points 420 493
Thus, there are three job factors are in dispute: Training/Technical Skills,
Judgement, and Communications/Contacts. Before dealing with the position of the
parties with respect to these factors it is necessary to deal with a preliminary issue. The
arbitration data sheet indicates that the Union disagrees with the contents of the Position
Description Form in two respects; the provisions concerning Training/Technical Skill and
those concerning Judgement.
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The requisite Training/Technical Skills required for classification at level 4 (which
the union claims) is set out in the Core Point Rating Plan as follows:
Required skills normally acquired through attainment of secondary school
graduation and completion of additional-job related training courses, or one
year Community College diploma, or equivalent. Job duties require the
ability to apply specialized skills.
The corresponding provision for level 3 provides:
Required skills normally acquired through attainment of secondary school
graduation, or equivalent. Job duties require the ability to apply advanced
reading, writing, and arithmetic skills.
The existing PDF describes the required Training/Technical Skills as "Grade 12,
including secondary level accounting (See Section 2.1) and computer courses or
equivalent knowledge through experience". The College takes the position that, as a
matter of interpretation, the phrase "secondary level" should be taken as modifying both
the words "accounting" and "computer courses" and that such computer courses as are
currently available at the secondary level are sufficient to permit the incumbent to
perform the various computer related tasks that are required of her. It is the position of
the union that secondary level computer courses do not provide the incumbent with the
kind of computer skills required and that the PDF should be altered so as to read
"additional job-related training courses in computers". [Although irrelevant to the
question of the how the position itself is to be evaluated it may be noted that the grievor,
whose graduation from high school occurred at a time prior to the introduction of
computer courses, has taken such additional job related training courses through which
she has acquired the ability to do the computer work required of her.]
At the outset of the hearing I raised with the parties the question as to how, given
the procedural limitations of the expedited process, I was to resolve the factual dispute at
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issue, viz, whether or not computer courses offered at the secondary level provided the
incumbent with the requisite skills or whether, as the union claimed, more post secondary
courses would be required. It was indicated to me that each party intended to provide me
with largely anecdotal (and hearsay) evidence of what these courses entailed. ! indicated
that this would not be satisfactory and that, unless there could be some resolution efthis
issue, I would need (reluctantly) to consider whether to adjourn the hearing and refer the
grievance to a full board of arbitration. The parties advised that they were anxious to
proceed and agreed, on a without prejudice basis, that they would restrict the issue to be
considered under this factor to be that of whether, as the union claimed, it could be said
that the griever was required to "apply specialized skills" or, as the College claims,
"advanced arithmetic skills".
The second respect in which the union claimed that the PDF did not reflect the
griever's position was in relation to the Judgement factor. The PDF provides that "the
incumbent must be able to identify a variety of accounts payable problems., that can be
solved by applying established standard procedures." To be rated at Level 4 problem
solving must involve "handling a variety of conventional problems, questions or solutions
with established analytical techniques". Conversely a rating at Level 3 is appropriate
where the problem solving involves "the identification and breakdown of the facts and
components efthe problem situation." It is the position efthe union that the PDF is
inadequate in that it fails to capture the fact that, as the union maintains, more is required
than the mere ability to identify facts and breakdown components of a situation to solve a
variety of accounts payable problems. Rather, in the submission of the union, the griever
is required to utilize "established analytical techniques" in her analysis of accounts.
While there is a dispute between the parties as to how best to characterize the
manner in which the griever engages in problem solving, I do not consider this dispute to
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be of a type which cannot be determined by me through the expedited process. I do not
consider the PDF to be incorrect in its statement of the judgment that is required. It
correctly states that the griever is engaging in solving problems through applying
established standard procedures. What is in dispute is whether those procedures involve
merely fact identification and breakdown (as the College claims) or analysis (as the union
claims). That is a dispute which is amenable to resolution through the expedited process.
Accordingly, I proceed to deal with each of the claims.
The proper process to be followed in applying the Job Evaluation Plan is set out in
Section II efthe Manual, viz,
4. Having determined the appropriate Job Family, the duties and
responsibilities of the position being evaluated are compared to the
Classification levels described in the relevant Job Evaluation Guide
Charts...Considering the normal activities of the position, it is matched with
the guide chart level which most accurately describes the actual content and
responsibilities of the position .... In most cases a reasonable close
approximation to a classification level described in a Guide Chart will be
possible.
6. A relatively small number of truly atypical positions that encompass
duties and responsibilities which are not adequately covered by the existing
Job Family Definitions and the Job Evaluation Guide Charts, are evaluated
by the Core Point Rating Plan .... This section can also be used to core point
typical positions if the position being evaluated has duties that cannot be
readily evaluated using the job Evaluation Guide Charts.
The Classification Guide Chart for the position of Clerk General C (the griever's
current classification provides in the Summary of Responsibility that "incumbents
perform a variety of relatively complex clerical tasks requiring the exercise of moderate
judgment". The Typical Duties efthe position are listed as:
- prepares payroll documentation, bank deposits, cash receipts journals and
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reconciles trial balances
- expedites purchase orders and verifies invoices
- completes and analyses documents related to student admission and
registration
- disseminates detailed information in response to a wide range of enquiries
- gathers and compiles statistical data
- maintains and verifies various records.
When these duties are compared with the principal duties of the griever, viz, those
associated with the processing of invoices for approval, it is clear that the guide chart
level that "most accurately describes the actual content and responsibilities of the
position" and would constitute a "reasonable close approximation to a classification level
described in a Guide Chart" is that set out for the Clerk General C. There is little in the
griever's PDF or in her account of her actual duties and responsibilities that would
suggest that her position is "truly atypical". Job Evaluation Plans, at best, seek to ensure
equity in compensation through fairly rough comparisons between duties and
responsibilities. No plan can fully account for all the minor nuances and differences that
exist between positions and care should be taken not to allow those nuances to have more
influence than is appropriate. Otherwise there is a risk that the gradual accretion of more
and more supposedly "atypical" positions will compromise and undermine the broad
equity than the plan seeks to implement. I am satisfied that, in terms of the Typical
Duties and Responsibilities of the position, the Clerk General C classification represents a
good fit.
Accordingly, on this basis alone, the grievance should be denied. However, as the
parties have chosen to treat the case as one in which the position should be core point
rated, I will deal with those issues and the positions advanced.
1. Training/Technical Skills
As indicated, the dispute here has been limited to whether or not the griever is
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required to apply "specialized" skills or "advanced arithmetic skills." It is the position of
the union that the "specialized" skills that are required are certain basic accounting skills,
viz, posting entries in a journal, recording debits and credits through double entry book
keeping and the analysis and reconciliation of accounts that is done when the grievor does
the monthly or year end "analysis" of travel advance accounts.
I am unable to accept the position advanced by the union. With respect to the
principal part of her job, viz, the processing of the payment of invoices, the grievor is
involved in what are essentially arithmetical functions. When she receives an invoice for
payment her task is to check to ensure that the amount claimed in the invoice is accurate;
and to calculate and record such items as. GST, discounts etc.). Similarly, with respect
to her dealing with travel and expense account claims, her job involves her in doing
arithmetical calculations viz, multiplying the number of miles by the mileage allowance
to determine that the expense that is claimed is accurate, addition to determine that the
total amount of the claim is accurate, and subtraction where there is a travel advance
account which is to be debited.
I do not consider the need to use double entry bookkeeping techniques for the
purpose of monitoring travel accounts to involve the use of a specialized skill. While it is
acknowledged to be a skill used by accountants notice can be taken of its general use by
almost any householder involved in balancing his or her accounts at the end of the month.
To consider a skill of this nature to be "specialized" would, in my opinion, be to rob that
term, in this context, of any intelligent meaning.
Accordingly, I would rate this factor at level 3, 52 points.
2. Judgement
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The union claims that the appropriate rating for the factor efjudgment is level 4,
viz, "considerable" judgement and problem solving that involves handling a variety of
conventional problems, questions or solutions with established analytical techniques."
The College has rated this factor at level 3, i.e. "moderate" judgement and problem
solving involving "identification and breakdown of the facts and components of the
problem situation.
There can be little doubt that, with respect to the great majority efthe duties and
responsibilities of the griever (that is, the processing of invoices for payment) the process
that the griever follows in problem solving is one of identification of the facts and
components efthe problem situation, indeed, the griever herself described the process as
"recognizing that there was a problem, getting the facts, and trying various things in
order to fix the problem." In my opinion that is an accurate characterization of her
problem solving process in which she engages. The primary problem she faces is that of
identifying the appropriate cost centre from which approval for payment is to be obtained
and against whose account the invoice is to be charged. Where that is not obvious from
the invoice itself, through for example a purchase order number, there are various steps
that she can take (eg. deduce it from the invoice itself, call various potential cost centre
supervisors, call the vendor) to identify the appropriate cost centre. In this regard she
"identifies" and breaks down" the facts that permit her to determine what to do with the
invoice. Once those facts and components have been identified or broken down the
problem is solved and the invoice is forwarded for approval and ultimately payment.
Similarly, when the problem to be solved is that of non payment or late payment of
an invoice, the griever's responsibility is simply to locate the unpaid invoice (either from
her own files or by obtaining a copy from the vendor) and reprecess it for payment, that
is, identify the unpaid invoice and process it in the normal way. The griever confirmed
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that, while she may serve as a conduit between the cost centre supervisors and the vendor
concerning a dispute as to the price or quality of the goods invoiced, she has little role to
play in the actual resolution of that dispute.
The part of her duties which the union relies upon primarily as qualifying her for
level 4 under this factor is that in respect efher handling eftravel accounts in which she
is required to keep a running total on people who receive a travel advance, reconciling
claims against the outstanding balance in the account etc. (A similar kind of task would
be performed in respect of the need to monitor charges made against blanket purchase
orders.) It is submitted that this requires to "problem solve" using "analytical techniques".
! am unable to agree that this involves any "analysis" of the account. What the griever is
essentially doing is "tracking" the balance owing on the account by the employee and
ensuring that he/she submits the requisite travel and expense statements. Ms. Murphy
suggested that account analysis would occur where, after the expense had gone through,
the account got keyed into the financial system and various data is extracted; (eg. a list of
all the advances outstanding for that particular employee, or a determination of the
percentage of late payment overall etc.) Clearly, the griever was involved in none of this.
Accordingly, I would rate this factor at level 3.
3. Communications/Contacts
The College has rated this factor at level 2 - 52 points. That level is described in
the Core Point Rating plan as follows:
Job Duties require communication for the purpose of providing detailed
explanations, clarification, and interpretation of data or information. There
may be need to understand the needs of others in order to handle problems
or complaints. Occasional involvement with confidential information
which has minor disclosure implications.
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The Union has rated this factor at level 3 - 88 points, viz,
Job Duties require communication for the purpose of providing guidance or
technical advice of a detailed or specialized nature, or for the purpose of
explaining various matters by interpreting procedures, policy or theory.
There may be need to promote participation and understanding and to
secure co-operation in order to respond to problems or situations of a
sensitive nature. Regular involvement with confidential information which
has moderate disclosure implications.
It is important to look first at those contacts which are the most frequent. In that
regard the PDF indicates that the grievor, on a daily basis
1. Resolves questions relating to Accounts Payable and travel expense reports by
explaining procedures or exchanging information with college staff; and
2. Resolves problems regarding invoices and statements by liaising between cost centre
supervisors and suppliers to pass on information or requests
! am unable to see in either the PDF or in the grievor's account of her duties how
her contacts with others involve her in providing "guidance" or "technical advice of a
detailed or specialized nature" or how she is required to "interpret procedures, policies or
theory". ! consider the College's characterization of her role as being that of a conduit
between vendors and the College (in the person of the cost centre supervisors) to be
accurate. The requirement that she inform vendors of the College's policy concerning
late payment service charges, or that she inform College employees of College policy
concerning legitimate travel and expense accounts claims etc. involves no "interpretation"
of those policies. Rather, it is in the nature of"explanation" and clarification" of what the
policy states.
Similarly, I do not agree that the grievor's communication with vendors and other
College employees involves her in "promoting participation and understanding to secure
co-operation in order to respond to problems or situations of a sensitive nature." It was
her view that she was responsible for maintaining the credit rating of the College and that
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to that end she was required to make sure that the College paid its invoices. That view
was not shared by Ms. Murphy who considered this to be the responsibility efthe cost
centre supervisors (who had control over the payment of invoices) and ultimately her
own. While I have little doubt that the griever assists greatly in facilitating the timely
payment of invoices, it is my respectful opinion that her characterization of her role as
one of "maintaining the credit rating of the College" is an overstatement of her
responsibilities. It is agreed that wherever there is any dispute as to the liability efthe
College to pay an invoice (for whatever reason) or the timing of that payment that
dispute is ultimately resolved by the vendor and the appropriate College official (eg. cost
centre supervisor). While the griever may have some role to play in communicating the
fact (and/or nature) of the dispute to either the vendor or the College official and may also
be involved in explaining College policies, it is not her responsibility to negotiate the
terms of settlement or to encourage others to alter their position in such a way as to
accommodate settlement of the dispute.
The union also claimed that the griever had "regular involvement with confidential
information which has moderate disclosure implications." That claim was based on the
fact that, as part of her duties the griever would be exposed to and required to disclose
certain kinds of information. That would include information cenceming the incomes of
employees performing services under contract; information cenceming employees travel
expenses; information cenceming NSF cheques written by students; and payroll
information generally (when she served in a vacation backup capacity to the payroll
clerk).
The College argues that, insofar as the griever has little occasion to discuss or
reveal this information to persons other than the individual concerned, that person's
superior or her own superiors and would be expected to maintain normal working
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confidences by not discussing the information (and is not required to discuss it with
anyone else), the level of her involvement with confidential information is low. With
respect, ! believe that his misconceives the significance of this factor. As the Notes to
Raters indicates the focus is meant to be on the "manner, purpose and responsibilities
involved in communicating" confidential information rather than on the content of the
information itself; that "raters should not rate the information but the communication
responsibilities involved in handling it." While ! would agree that if the communication
of information were limited to the person who was the subject of the information (eg.
advising a student that he/she has written an NSF cheque) there would be no disclosure
implications as there would be no disclosure to any third party. However, where the
position does require the incumbent to communicate confidential information to another,
viz, a supervisor, or by posting that information into a financial system to which others
have access, it is no answer to claim, as the College does in this case, that she is "free to
exchange that information with those individuals". It appears to me that it is precisely the
responsibility for those kinds of "in house" communications that this factor is intended to
measure.
Having said that I cannot agree however that the grievor's involvement with this
information warrants a rating at level 3 as claimed. Firstly, I consider irrelevant the
exposure to travel and expense account information. Even if that kind of information was
to be treated as "confidential" I do not see how its disclosure would have anything other
than "minimal implications". While it may be that disclosure of information concerning
employees earnings and students NSF cheques does have "moderate implications",
section 10.1 of the PDF indicates that her exposure to such information is "infrequent."
Such infrequent exposure is further supported by the fact that only 7% of her time is
spent on identifying payments to be recorded on T4 As and 3% providing backup to the
payroll clerk. (See PDF Section B, Duties and Responsibilities). I am unable to consider
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this level of involvement with confidential information to be "regular". Rather, it is, in
my judgment, more accurately captured by the phrase "occasional involvement" with
confidential information and is more appropriately rated at level 2.
Thus, in respect of each of the factors in dispute, I would sustain the rating of the
College.
In the result the grievance is dismissed.
Dated at LONDON, Ont. this day of ,1997
Gregory J. Brandt, Sole Arbitrator