HomeMy WebLinkAboutNear, Turgeon 00-12-21 CflAT(3)
IN THE MATTER OF AN EXPEDITED ARBITRATION
BETWEEN:
ONTARIO PUBLIC SERVICE EMPLOYEES' UNION, LOCAL 349
(hereinafter called the Union)
and
GEORGIAN COLLEGE OF APPLIEDARTS AND TECHNOLOGY
(hereinafter called the College)
and
CLASSIFICATION GRIEVANCES OF NEAR AND TURGEON
(hereinafter called the Grievors)
SOLE ARBITRATOR
PROFES"S-OA lAN A. HUNTER
APPEARANCES:
FOR THE UNION: Mr. MurrayTapp
FOR THE COLLEGE: Mrs. Joyce Goheen
AN EXPEDITED ARBITRATION HEARING WAS HELD IN BARRIE, ONTARIO
ON DECEMBER 4, 2000
AWARD
(1) Introduction
Before me are two classification grievances. Denise Near is a Workplace Transition
Consultant at Georgian College; her grievance (dated April 18, 2000, Exhibit 1)alleges
improper classification as Support Services Officer C, Payband 11.
Allyson Turgeon is a Workplace Transition Consultant at Georgian College; her
grievance (dated May 2, 2000, Exhibit 2) alleges improper classification as Support
Services Officer C, Payband 11. Because both Grievors hold the same position
(Workplace Transition Consultant), the grievances were heard together at an expedited
arbitration hearing in Barrie, Ontario on December4, 2000.
(2) Overview of The Position: Workplace Transition Consultant
The Centre forAccess at Georgian College is a pilot project funded bya four million
dollar grant over four years. The Centre has now been operating for about two years. It
provides assistance to students with learning disabilities. This assistance takes many
forms including, screening and diagnosis; academic counselling; tutoring; training and
adaptive technologies (such as dictating programs, screen readers, scanning/reading
programs, etc.).
These services are provided through ateam ofapproximately eight specialists. The
Workplace Transition Consultant is one of those specialists and a member of that team.
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The P.D.F. (which has been agreed, Exhibit 3) provides the following position
summary of the Workplace Transition Consultant:
"The Workplace Transition Consultant works independently and is part of the Centre for
Access team and the Career Development team to develop and implementcareer planning
and workplace readiness training for students and clients who have learning disabilities.
In addition, the incumbent is responsible for the development of work opportunities
including field placements, co-op jobs and full-time jobs and must develop relationships
and support programs for employers who hire indiwduals with learning disabilities. The
consultant will market and promote candidates and generate revenue for the Centre for
Access locally, provincially and nationally as well as develop, when possible, international
partnerships."
The evidence of Denise Near and Allyson Turgeon is thatthe Workplace Transition
Consultantworkswith about one hundred andtwenty (120) Georgian College students (out
of a total college population of aboutfour thousand (4,000) students) who present with a
variety of learning disabilities. The W.T.C.'s provide these students with employment
counselling (particularly on the thorny question of whether a student should disclose his
or her learning disability to a prospective employer); they test students for suitable areas
of employment; they assist with preparation of covering letters and resumes; they contact
prospective employers on the student's behalf; and they monitor on-the-job progress of
students in field placements, summer jobs, co-op placements, and even post-college
employment.
The current incumbents agreed that the P.D.F.'s division of Duties and
Responsibilities was essentially accurate.
The P.D.F. breaks down the duties and responsibilities as follows:
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1) Career Advising and Supporting Student Services 40% of time
2) Marketing and Job Development
Employers and Businesses 35% of time
3) Marketing and Job Development
Community and Internal College 15%-of time
4) General Administration 10% of time
Because the Centre for Access is a relatively recent development at Georgian
College, the incumbents evidence indicated that the fundraising tasks have not yet really
begun. However, it is the Centre's intention to have a fundraising plan in place to secure
continued resources after the four year grant runs out. To this end, the Workplace
Transition Consultants will be involved in contacting employers for fundraising purposes
(e.g. providing scholarships for students or direct gifts to keep the program operating).
I asked the incumbents to describe a typical day. They work 9 a.m. to 5 p.m.. On
average, several hours a daywould be taken up with student appointments. These might
be from students working on career plans, or students who have come in to complete an
interest inventory. Or, the students might have an upcoming job interview and want the
opportunityfor a "mock interview" conducted by the Workplace Transition Consultant. The
incumbents give the highest priority to duties thatwill facilitate student job placement.
In addition, the Workplace Transition Consultants write to employers; they also do
some "cold calling" of prospective employers who might be able to offer employment to
their clients; they monitor students who are in job postings.
As already touched upon, the question ofdisclosure is a crucial one. The College's
policy leaves that decision (i.e. whether or not a student will disclose a learning disability
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to a prospective employer) to the student. If the student refuses to disclose, this inhibits,
to some extent, the direct contact that a Workplace Transition Consultant may have with
the employer. Consequently, the issue of disclosure is reviewed in detail, and at length,
with each of the students involved with the Centre for Access.
(3) Job Factors A.qreed
Both parties provided Arbitration Data Sheet in advance of the arbitration. These
Arbitration Data Sheets reveal thatthe parties are agreed on nineofthe twelve job factors.
The job factors agreed, and the appropriate ratings, are as follows:
Training/Technical Skills Level 6 110 points
Experience Level 5 57 points
Complexity Level 5 74 ~oints
Judgement Level 6 102 ~oints
Motor Skills Level C-2 22 ~oints
Physical Demand Level 2 16 ~oints
Sensory Demand Level 4 39 ~oints
Communications/Contacts Level 4 124 ~oints
Work Environment Level 2 32 ~oints
(4) Job Factors in Disoute
There are three job factors in dispute.
5
(a) Strain from Work Pressures/Demands/Deadlines
"Thisfactor measures the strain associated with, orcaused byfrequency and
predictability of deadlines, interruptions, distractions and/or workloads,
multiple and/or conflicting demands and/or dealing with people in difficult
situations."
The College has rated this factor Level 4: "Job duties involve conflicting work
pressures and frequent interruptions in workflow. Work situations may be
unpredictable with shifts in priorities and occasional critical deadlines."
The Union has evaluated this factor Level 5: "Job duties involve continuous
work pressures and unpredictable interruptions in workflow. Numerous
conflicting demands and tight deadlines occurfrequently."
From the evidence of the two incumbents, and from the evidence of their
Supervisor Kate Beatty, I have no doubt that the College has correctly
evaluated this factor at Level 4. I reach this conclusion for the following
reasons:
(i) Therewas no evidence of"continuous work pressures" nor of"unpredictable
interruptions in workflow". While there are daily interruptions (e.g. students
coming in without an appointment for immediate job assistance) these
interruptions are predictable. They may occur at unpredictable times in the
morning or afternoon, but it is predictable (and routine) that once or twice a
day a student will come to the Centre, without a prior scheduled
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appointment, to seek the advice or assistance of a Workplace Transition
Consultant.
(ii) There was no evidence either of "numerous conflicting demands", nor of
"tight deadlines occurring frequently". The deadlines that exist are
predictable and semester oriented. The demands, and there certainly are
demands, are not conflicting; in fact, the demands both from the clients (i.e.
learning disabled students) and from prospective employers, tend to be
harmonious and in keeping with the common goal offinding employmentfor
students.
(iii)Therewas some evidence ofa requirement to deal with students in "difficult
situations" which necessitate some skill in mediation and conflict resolution.
These factors are adequately addressed at Level 4.
Strain from Work Pressures/Demands/Deadlines Level 4 39 points
(b) Independent Action
"This factormeasures the independence ofaction and decisions required bythejob.
Initiative, creativity and decisions are governed by various controls. Such controls
can be in the form of supervision, policies, procedures or established practices."
The College has rated this factor 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
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considerable freedom to act independently with Supervisor input or
verification when requested."
The Union has proposed 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."
From all the evidence, both of the incumbents and of their Supervisor Ms. Beatty,
I have concluded that this factor should be rated Level 5.
First, the P.D.F. speaks of a "high degree of autonomy" and "minimal
instruction".
Second, it was clear from the evidence of the incumbents, and from their
Supervisor, that Ms. Beatty is involved only very occasionally in the work of
the Workplace Transition Consultant. For the most part, the incumbents
have themselves formulated the policies and procedures which will govern
their job duties, and they exhibit a very high degree of freedom to act
independently.
It must be remembered thatthe CentreforAccess is less than two years old;
Ms. Near and Ms. lurgeon are the first incumbents in the Workplace
Transition Consultant position. Consequently, they have defined it and they
have formulated the appropriate rules to ensure its effectiveness. To the
limited extentthat there are any "general instructions and policies", they have
defined them, either alone or as part of the Centre team.
8
The incumbents must deal, on a daily basis, with "changing conditions and
problems". There is significant freedom to act independently in resolving those
problems. I consider that the Workplace Transition Consultant position is a
"textbook illustration" of Level 5.
Independent Action Level 5 60 points
(c) Responsibility for Decisions and Actions
"This factor measures the impact on internal and public relations, the responsibility
for information management, equipment, assets and records, and the
consequences of decisions and/or actions."
The College has evaluated this factor Level 4: "Decisions and/or actions
have considerable impact on the organization. Errors are detected afterthe
factand may result in considerable interruption and delay in work output and
waste of resources."
The Union proposes Level 5: "Decisions and/or actions have significant
impact on the organization. Errors are difficult to detect and result in a
significant waste of resources and continuing influence on operational
effectiveness."
I asked the incumbents what was the most significant mistake they could
make? I was told that the worst mistake would be an inappropriate field
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placement, or assisting a learning disabled student to obtain employment
with an incompatible employer.
The Union contended that this would have a "significant impact", particularly
on the learning disabled student who may have a Iow self-esteem to begin
with.
However, the evaluation manual clearly specifies that the Adjudicator is to
consider the impact, not on the student, but on the College organization.
An improper placementwould have some impact on the College, particularly
if it caused an employer to discontinue accepting College students.
However, I would not characterize that impact as "significant". A mismatch
would be relatively easyto detect, and it would be detected afterthe fact but
early on. In my judgement it would not involve "a significant waste of
resources", nor would it have a "continuing influence on operational
effectiveness". Nor do I accept the submission that an incorrect placement
of a student could lead to potential College legal liability.
Accordingly, I am not persuaded that Responsibility for Decisions and Actions
should be rated higher than at Level 4.
Responsibility for Decisions and Actions Level 4 62 points
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The Union's argument in this case, both in theirbrief and at the hearing, was based
on a comparison of the Workplace Transition Consultant to the position "Co-op
Consultant". I entered the P.D.F. forthe Co-op Consultant as Exhibit 4.
For two reasons, I do not find the comparison of the two positions to be
determinative. First, the Workplace Transition Consultant works with fewer students and
as a member of the Centre for Access team. Second, while some aspects of the
Workplace Transition Consultant position are similar (and certainly the P.D.F.'s are
substantially similar) I have preferred to base my decision on the evidence given at the
December4 hearing, ratherthan a comparison ofthe P.D.F.'s. In fact, ifl do compare the
P.D.F.'s, I mightjust as easily have concluded thatthe ratings for the Co-op Consultant on
the three contested job factors are too high asthat the ratings for the Workplace Transition
Consultant are too Iow. Because I did not have firsthand evidence from anyone classified
as a Co-op Consultant, I have preferred to rest my decision on the viva voce evidence of
the three witnesses (Near, Turgeon and Beatty) that l heard.
(5) Decision
I have appended to this Award a rating sheet in which I have determined that this
position (Workplace Transition Consultant) is correctly evaluated as Support Services
Officer Atypical, 737 points, Payband 11.
The grievances are successful with respect to Job Factor Independent Action (i.e.
raising the evaluation from Level 4 (46 points) to Level 5 (60 points); otherwise, the
grievances are hereby dismissed.
11
Dated at the City of London this ~/.ff""day of ,2000.
~, Profc'ssor lan A. Hunter
~....,~_.~ Arbitrator
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Arbitration Data Sheet Arbitrator's Evaluation
Workplace Transition Consultant, Georgian College
FACTORS LEVEL POI NTS
Training/Technical Skills 6 110
Experience 5 57
Complexity 5 74
Judgement 6 102
Motor Skills C-2 22
Physical Demand 2 16
Sensory Demand 4 39
Strain from Work Pressures/
Demands/Deadlines 4 39
Independent Action 5 60
Communications/Contacts 4 124
Responsibility for Decisions
and Actions 4 62
Work Environment 2 32
Total 737, Payband 11