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HomeMy WebLinkAboutKorentos 01-06-06 Cr T,5 IN THE MATTER OF AN EXPEDITED ARBITRATION ~..,, ,,~::~/ BETWEEN: ONTARIO PUBLIC SERVICE EMPLOYEES' UNION, LOCAL 561 (hereinafter called the Union) - and - SENECA COLLEGE OF APPLIED ARTS AND TECHNOLOGY (hereinafter called the College) - and - CLASSIFICATION GRIEVANCE OF MS. OURANIA KORENTOS (hereinafter called the Grievor) ARBITRATOR PROFESSOR lAN A. HUNTER APPEARANCES: FOR THE UNION: Ms. Janice Hagan, President, O.P.S.E.U., Local 561 FOR THE COLLEGE: Ms. Jane Wilson, Personnel Officer AN EXPEDITED ARBITRATION HEARING WAS HELD AT SENECA COLLEGE ON JANUARY 25, 2001 1 AWARD (1) Introduction Ms. Ourania Korentos is a Library Technician B at the Newnham campus of Seneca College. On April 11, 2000. she filed a grievance (Exhibit 1) alleging that she had been improperly classified. As required by the expedited arbitration procedure, I received comprehensive and helpful briefs from both the Union and the College in advance of the hearing. An expedited arbitration hearing was held at Seneca College on January 25, 2001. (2) Agreed Fact~ The parties are agreed on the contents of the P.D.F., except for a single issue concerning training/technical skills. I shall deal with this issue under the heading Job Factors in Dispute. The parties are also agreed on three (3) of the twelve (12) job factors, namely: Motor Skills Level C4 28 points Independent Action Level 4 46 points Communications/Contacts Level 4 124 points 2 (3) Overview of the Position The Grievor is a Library Technician B at the Newnham campus, 1750 Finch Avenue East, in Toronto. There are approximately ten thousand students at this campus. The Newnham Learning Commons encompasses both a library and a learning centre. The Grievor performs daily tasks similar to those of other Library Technicians B, both at Seneca College, and throughout the College system. That is, she provides faculty and students with general reference services; she assists library patrons in the use of equipment; she provides orientation to faculty, students and other library users. However, there are two singular features to the Grievor's position: (1) she (exclusively) coordinates the inter-campus and inter-library loan service for Seneca College; and (2) she has developed expertise on the legal collection, which comprises approximately five thousand volumes and is used to support a number of courses at Seneca College. One aspect of the Grievor's specialized knowledge of the legal collection is that she instructs and assists library patrons in the use of the collection and she provides guidance on legal research techniques, not only to patrons of the library, but on request to other Library Technicians. The P.D.F. indicates the following approximate breakdown of time: approximately forty-five percent (45%) on the reference desk answering questions from students, faculty, staff and the general public. As indicated above, the Grievor's particular area of expertise is legal research, so that most of her reference desk time is spent in this area. 3 Approximately thirty-six percent (36%) of the Grievor's time is spent on inter-library loans. The Grievor handles all inter-library loans for the College, and that includes both obtaining books on inter-library loan, and supplying books from Seneca College to other colleges or institutions who request an inter-library loan. The Grievor's estimated that there would be seven or eight inter-library loans to deal with on an average day. The Grievor, Ourania Korentos, began her full-time employment at Seneca College as a Library Technician A on January 2, 1979. In 1990 she posted successfully for a position as Library Technician B. In 1997 she posted to the Library Technician B position at Newnham campus. When the legal collection was at the Sheppard Avenue campus, the Grievor worked extensively with it. As a result, the acquired familiarity with the collection, with relevant legal databases, with legal search techniques, and she carried that expertise with her when she (and the legal collection) transferred to the Newnham campus. The P.D.F. (cf. page 4) makes it clear that the Library Technicians work "within a reference team"; other Library Technicians B at Seneca College have other, complimentary, areas of expertise (eg. government documents, fire protection, business, accounting, nursing, etc.). While each of the Library Technicians B (all of whom work on the reference desk) are, and are expected to be, minimally competent in each of these areas, there is some deference to the particular expertise of one Library Technician B in that person's specialized area. The Grievor's specialized area is the legal collection. The Union provided, and I entered as an exhibit (Exhibit 4), sample legal questions the students and staff have asked in the past and required assistance with. 4 (4) Job Factors in Dispute (a) Trainina/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 evaluated this at Level 5: a two year Community College diploma; job duties require the ability to organize simple statistical information and to understand the elementary principles of a science or a professional discipline. The Union proposes Level 6: a three year Community College diploma (or equivalent); job duties require the ability to organize complex statistical information and/or understand and apply the elementary principles of a science or a professional discipline. The Grievor has taken a number of professional development and job related courses, and she testified that these are equivalent to an additional year of college training. She also testified that a minimum of three years' experience on the job, after receiving a College diploma, would be required to master the minimum requirements of the position. The Grievor's supervisor, Ms. Joey Muller, whose title is Manager, Newnham Learning Commons, and who has been the Grievor's supervisor both at the Sheppard campus (prior to 1997) and now at the Newnham campus, testified that 5 a two year Community College diploma was the minimum requirement. Ms. Muller testified that while "1 would put legal skills on a job posting as an asset, it is not a requirement". I prefer the evidence of the Grievor, Ms. Korentos on this issue. I have concluded that Training/Technical Skills should be classified at Level 6, and I have reached this conclusion for two reasons: (i) As the Grievor described her position, and as it was confirmed in evidence by Ms. Muller, I do not believe that a newly-minted two year Community College graduate could fulfil the minimum requirements of the position. I note the kinds of reference questions that the Grievor has been asked (Exhibit 4) and they are sufficiently complex that they could be handled properly only by someone with a two year Community College diploma and a number of additional courses and/or substantial legal experience. (ii) Level 5 requires the incumbent only to "understand" the elementary principles "of a professional discipline" but, from all the evidence, the Grievor is required not only to understand but "to apply" the elementary principles of law, which is a professional discipline. Once again, the examples given in Exhibit 4 go beyond just requiring a minimum of legal research technique. Some of the questions require substantive legal knowledge, and they also require discernment concerning what the real issue in the question is. I am further influenced by the fact that many of the students at Seneca College have a first language other than English; the Grievor repeated several times 'the necessity of determining what the question asked at the reference desk 6 is really all about. In other words, the Grievor must do more than listen; she must analyse the question to determine what is required, and she must apply the elementary principles of law, and quite sophisticated principles of legal research. Training/Technical Skills Level 6 110 points (b) Experience This factors measures the amount of practical experience in any related work necessary to fulfil the requirements of the position. The College has classified this Level 3: more than one year and up to three years of practical experience. The Union proposes Level 4: more than three years and up to five years of practical experience. The Grievor testified that the minimum experience required is "five years at least". She buttressed her conclusion by pointing out that other Library Technicians B at Seneca College have been working with the legal collection for four years and still frequently require her advice to deal with legal reference questions. Ms. Muller testified that one year or less is required. In fact she said that a new hire could deal with the questions the Grievor faces with three months' experience. 7 There is a stark contrast between the Grievor's evidence and her supervisor's evidence. On the Grievor's evidence, a minimum of five years is required. On the supervisor's evidence, a minimum of three months is required. I have decided this issue in favour of the Union because the P.D.F. supports the Union's position. The P.D.F. states: "three years (experience) in a reference department with reference experience in a variety of subject areas and electronic and CD rom database experience." While three years is the common element to Levels 3 and 4, the P.D.F. goes on to add: "the incumbent must show initiative and have strong problem solving skills. A strong interest in demonstrated capability to develop reference research skills is required. Excellent communication and interpersonal skills are important as the incumbent deals with the public on a daily basis interpreting and answering reference questions." These additional comments incline me to the view that the 3 years common to both Levels 3 and 4 is a floor requirement rather than a ceiling requirement. In other words, I prefer and accept the Union's evidence that the job which the Grievor is doing could not be done by someone with less than 3 years' experience. Experience Level 4 45 points (c) Complexity This factor measures the amount and nature of analysis, problem-solving, and reasoning required to perform job-related duties. 8 The College has classified this Level 4: varied, non-routine, complex tasks involving different and unrelated processes and/or methods. The Union has classified this Level 5: complex and relatively unusual tasks involVing specialized processes and/or methods. The evidence of both the Grievor, and supervisor Muller, convinced me that this factor is correctly classified at Level 4. From the evidence, it would be difficult to formulate a better description of what is involved for a Library Technician B working on the reference desk than "varied, non-routine, complex tasks involving different and unrelated processes and/or methods". There was no evidence of complex and relatively unusual tasks, nor of specialized processes and/or methods that would go beyond the skill set of a trained Library Technician. Complexity Level 4 58 points (d) Judgement This factor measures the independent judgement and problem-solving required on the job. The College has classified this at Level 5: significant degree of judgement; problem-solving involves interpreting complex data or refining work methods and techniques. 9 The Union proposes Level 6: high degree of judgement; problem-solving involves adapting analytical techniques and development of new information on various situations and problems. I heard no evidence from the Grievor that the position requires "adapting analytical techniques", nor "developing new information on situations and problems". Certainly her work involves judgement and I am satisfied that it requires a significant degree of judgement. Her reference work in the legal collection requires interpreting fairly complex data, and also requires her to refine her search techniques. Taking these elements into account, the degree of judgement is adequately captured in Level 5. Judgement Level 5 84 points (e) Phvsical Demand This factor measures the physical energy required to complete tasks. The College has classified this Level 2: some physical demand; light physical effort, or occasional moderate physical effort. The Union proposes Level 3: regular physical demand; continuous light physical effort, or recurring periods of moderate physical effort. 10 I assume that the physical demand required of a Library Technician B is adequately captured in the benchmark (Level 2). The only basis upon which the Union could argue that the Grievor's position exceeds the benchmark is that she is solely responsible for inter-library loans. However this means on average picking up and/or mailing out seven or eight books or items a day. This does not seem to me to require "regular" physical demand nor "continuous light physical effort". Nothing in the evidence of the Grievor, or her supervisor, led me to conclude that Physical Demand exceeds the benchmark, Level 2. Physical Demand Level 2 16 points (f) Sensory Demand This factor measures the demand on mental energy while performing tasks. The College has classified this Level 3; the Union proposes Level 4. I will not repeat the detailed definitions. The Grievor's evidence is that she spends approximately sixty-five percent (65%) of her working day at a computer terminal. However, it was also her evidence that this is not continuous. These are periods of time broken up by many other tasks. Level 3 seems to me to be more than adequate for capturing the Sensory Demands of this position. 11 I am confirmed in this conclusion when I note that Level 4 would equate the Sensory Demands on the Grievor to those, for example, of a bus driver. In my judgement, this would be an absurd equation. Sensory Demand Level 3 28 points (g) 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 difficult situations. The College has evaluated this factor at Level 3: moderate work pressures or demands; interruptions, changing deadlines, multiple demands occur regularly but are usually predictable. Occasionally, critical deadlines may occur. The Union proposes Level 4: conflicting work pressures and frequent interruptions in workflow; work situations unpredictable, shifts in priorities and occasional critical deadlines. As Ms. Wilson pointed out, it is rather difficult to evaluate this factor in a service position. While one might interpret a student's request at the reference desk as "an interruption" or "a demand", in reality, it is the raison d'etre of the incumbent's position. In other words, she is at the reference 12 desk specifically to deal with student requests. There was no evidence of "critical deadlines" nor of unpredictable work situations. The Grievor testified that every reference request has a deadline, and in a sense this is true. However, I am satisfied on the evidence of both the Grievor, and Ms. Muller, that this is adequately captured at Level 3. Strain from Work Pressures/ Demands/Deadlines Level 3 28 points (h) 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 rated this at Level 3: moderate impact on the organization; errors detected by verification; limited waste or resources. The Union proposes Level 4: considerable impact on the organization; errors detected after the fact ... considerable interruption and delay in work output and waste of resources. There was no evidence, either from the Grievor or her supervisor, that would support a rating at Level 4. An improper response to a reference request would have, at most, a moderate impact on the organization. Errors would quickly be 13 detected and would result, in all probability, in no disruption of the workflow and no waste of resources. Level 3 is a more than generous evaluation. Responsibility for Decisions and Actions Level 3 44 points (i) Work Environment This factor measures working conditions in terms of the physical environment where the work is done. The College evaluated this Level 1: occasional exposure to slightly disagreeable and/or hazardous elements. The Union proposed Level 2: occasional exposure to moderately disagreeable and/or hazardous elements. The Union's proposal was based on exposure to dust. I accept Ms. Muller's evidence that the dust level in the Newnham library would not exceed the dust level at any other library. Once again, the benchmark evaluation seems to me to be correct. Work Environment Level 1 10 points 14 (5) Additional Comments The Union's brief, and its argument at arbitration, was that the Grievor's position changed substantially in the last five years due to (a) increased use of computers and other information technology; (b) increased use of libraries by students and faculty; and (c) the increased demand on the Grievor because of her specialized knowledge of the legal collection. In closing argument, Ms. Hagan submitted that the Grievor's position should not be distinguished from other Library Technician B positions at Seneca College. Rather, her submission was that al_il Library Technician B positions have been under-evaluated and are therefore underpaid. Expedited arbitration is not a vehicle that can address that concern. An expedited arbitrator is limited to determining the evaluation of a particular position, not a particular classification. It may well be that the impact of computers and the "information revolution" have overtaken the benchmark description in the Job Evaluation Manual but the duty of the expedited arbitrator is to give effect to that Manual, not to amend or change it. I have attempted to provide an objective evaluation of the Grievor's position. I cannot respond to the Union's argument that the Library Technician B position per se is undervalued. The grievance is allowed to the extent that the total points for the Grievor's position is raised to six hundred and twenty-one (621) points from five hundred and eighty-nine (589) points. However, the Grievor's position remains Library Technician B, Payband 9. 15 I have appended a completed Arbitration Data Sheet to this Award. Dated at the City of London this ~/~L day of ju,~ ~ ,2001. lan A. Hunter ~bb~t' rator 16 ARBITRATION DATA SHEET FACTORS LEVEL POINTS Training/Technical Skills 6 110 Experience 4 45 Complexity 4 58 Judgement 5 84 Motor Skills C4 28 Physical Demand 2 16 Sensory Demand 3 28 Strain from Work Pressures/ Demands/Deadlines 3 28 Independent Action 4 46 Communications/Contacts 4 124 Responsibility for Decisions and Actions 3 44 Work Environment 1 10 Total 621