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HomeMy WebLinkAboutAdams 01-11-30IN THE MATTER OF AN ARBITRATION BETWEEN: SHERIDAN COLLEGE ("the employer") and ONTARIO PUBLIC SERVICE EMPLOYEES UNION ("the union") AND IN THE MATTER OF A CLASSIFICATION GRIEVANCE OF MS. BEVERLY ADAMS (OPSEU #OOB140) ARBITRATOR: Ian Springate APPEARANCES For the Employer: Lee Corlett, Human Resources Consultant Susanne Wodar, Human Resources Consultant Dennis Montini, Director of Financial Services For the Union: Norma Pennington-Drabble, Vice Presidem Grievances, Local 245 Jay Jackson, President, Local 245 Bev Adams, Grievor HEARING: In Oakville on October 23, 2001 I 2 DECISION INTRODUCTION The grievor is classified as a Clerk General D at payband 8. By way of a grievance dated November 9, 1999 she contended that she should be assigned to payband 10. The union argues that the grievor's proper classification is that of a Clerk General Atypical at payband 10. The position description form ("PDF") respecting the grievor's position that was in place when the grievance was filed had been prepared in October 1994. At a step one grievance meeting held on December 21, 1999 the union indicated that it disagreed with certain aspects of the PDF. The employer subsequently produced a revised PDF that adopted some of the views expressed by the union and also incorporated other changes decided on by the employer. The union contended that under the collective agreement the relevant PDF was the one on file when the grievance was filed. In response to this position the employer agreed to utilize the 1994 PDF in these proceedings. At the hearing the union did not expressly address its disagreements with the 1994 PDF. Presumably those disagreements were reflected, at least in part, in handwritten notes set out on the copy of the PDF that the union had included in its pre-hearing brief. During the grievance procedure the employer agreed to raise its previous rating for the job factor of motor skills to the C3 rating argued for by the union. This resulted in the employer assigning a total of 523 points to the gtievor's position. This was still within the 511 to 570 point rangc for payband 8. In these proceedings the union disputed the employer's ratings for seven additional job factors, each of which is discussed separately below. The union argues for a total of 633 points, which is within the point range for payband 10. When the grievance was filed the gfievor reported to Ms. Kathy Fischer, the then Manager of Accounting Services. Ms. Fischer let~ her position prior to the heating. Mr. Dennis Montini, the employer's Director of Financial Services and Ms. Fischer's former supervisor, gave evidence on behalf of the employer. THE GRIEVOR'S JOB PERFORMANCE The griever has been with the employer for some 20 years. As discussed in some detail below, she performs a variety of accounts receivable functions. The evidence establishes that the griever has a strong knowledge of accounting procedures as they relate to invoicing and accounts receivable. She is hardworking and conscientious. She strives to ensure that accounts receivable and related payments to the College are handled and recorded properly, whether they involve relatively small sums owed by students or hundreds of thousands of dollars owed by large corporations. She responds to enquiries from students and corporations in a thorough and professional manner. In answering students' questions relating to fees and refunds she takes care to fully advise each student of the applicable college policy. The job evaluation manual expressly states that job evaluation is concerned with the content of a position and not with an assessment of the individual's performance. Accordingly, while I recognize the griever's strong job performance it is not one of the criteria I can take into account when rating her position. THE GRIEVOR'S DUTIES AND RESPONSIBILITIES The griever gave evidence with respect to a typical day at work. She testified that she starts at 7:30 a.m. and the fnrst thing she does is open a safe and set up a front counter by putting out a cash drawer and inputting computer passwords. She said that she then checks a box at the front of the office to see if it contains any large cheques from the day before. If it does she makes up a bank deposit prior to the arrival of a Brinks crew. She does this to ensure that the employer can immediately start receiving interest on the amount. Much of the griever's work relates to sending out invoices. She indicated that one of the fn'st things she does in the morning is check her e- mail for requests that she prepare an invoice. She said that invoices frequently have to be sent out in a rush and at times staff members want to be able to deliver a particular invoice when meeting with a company official. The grievor testified that she is responsible for sundry and third party invoicing. She indicated thai sundry invoices go out to a number of entities for a variety of different reasons, including for the use of a tennis bubble, to companies for courses and to the bookstore for telephone charges. The grievor explained that third party invoicing relates to students who are being sponsored by a company or the Workplace Safety and Insurance Board ("WSIB"). She said that when cashiers see a third party situation they load the cost onto the student's account as if the student owes the money, but she removes the amount fi:om the student's account and places it onto the appropriate company or WSIB account. The PDF indicates that the grievor does invoicing on behalf of the Sheridan Sun. The grievor testified that she no longer does this work. She said that in 1999 she invoiced Chrysler for hundreds of thousands of dollars using the web, although the College is not currently dealing with Chrysler. The PDF indicates that the grievor spends about 60% of her time engaged in invoicing. The actual description of this work contained in the PDF is set out below. The PDF in the union's brief contains handwritten notes that add the functions of troubleshooting invoice requests and invoicing on the web. Responsible for invoicing all sundry, Sheridan Sun accounts, and all third party and Transition student accounts, including: - preparation and approval of invoice requests through to montMy reconciliations; - maintaining ongoing liaison with various areas of the College requesting special sundry invoicing to ensure conformance with College procedures. The PDF states that the grievor spends about 15% of her time performing counter/telephone relief. It indicates that this includes processing incoming college-wide revenues by ensuring that the data is cntcrcd cxpcditiously and accurately, handling a variety of accounting inquiries and meeting the demands and challenges of customer service. The counter work is performed at a second floor counter as well as a first floor cash office frequented primarily by students. 5 The grievor testified that when advised by IT that a student has not returned a laptop on time she enters a $200 charge on the student's account. She said that should a laptop not be returned at all she enters a charge for $3,200 unless the student has reported the item stolen and filled out a police report in which case she charges $1,000. The grievor gave evidence about the nature of student inquiries respecting accounts receivable. She gave the example of a student phoning in to complain that she had received a letter saying that she owes $490 in fees even though she had paid all amounts billed to her. The grievor said that on checking the computer she might notice that the student had not been billed a co-op fee. She said that in such a situation she would advise the student that the College had erred in not sending her an invoice for the amount but she does in fact owe the money. She added that she might arrange for the student to bring in the money over a period of a few weeks. The grievor referred to students calling in to report that they had not received a receipt for tuition payments for tax purposes. She indicated that if she were satisfied that the receipt had been sent to the wrong address she would issue a new receipt without levying a charge. Should she conclude, however, that the student had lost the receipt she would charge him or her a $10 fee for issuing a new one. The grievor testified that at times she receives calls from companies complaining that they have received an invoice for an excessive amount. She gave the example of her .sending a company, an invoice for-.$5,000 and the company claiming that it had been told that the cost would be $4,500. The grievor said that should this happen she would contact the person who had requested the invoice and this person might send her a memo asking that she cancel the original invoice and send out a new one for $4,500. In her evidence the grievor referred to direct deposits to a college bank account. She indicated that when these deposits are made with respect to students she enters the amounts into the various students' individual accounts. She also indicated that she keeps an eye on direct deposits from the Region of Hatton for daycare services and follows up when it appears that a monthly payment has not been received. The grievor testified that she checks incoming mail for large cheques, which she described as anything over $25,000, and that when one is received 6 she prepares a separate deposit for it. She indicated that she is also informed of bank deposits prepared by cashiers. She testified that she keeps the assistant to the Chief Financial Officer advised of all large deposits so that the money can be moved around, invested, or used to cover large accounts payable. The grievor indicated that on a monthly basis she reconciles student refunds. She explained that accounts payable might send out 50 refund cheques totaling $50,000 and she must fred the students who account for the $50,000. She said that if there is a discrepancy she has to troubleshoot and fred out why. The PDF states that the grievor will "analyze and determine student/client status with reference to funding and/or accounts owing and refund entitlement." The gfievor testified that should a student be entitled to a refund "we" would analyze it and look on the system. She said that if the student paid using a credit card, the card will be credited with the refund but if the studem paid by cheque no refund will be issued for 30 days in order to ensure that the cheque clears. She also said that a refund would be deducted fi.om any fees owed by the student. Mr. Montini testified that students who drop out of courses might only be entitled to a partial refund. He said that should a student object to the amount being refunded a clerk, who might be the grievor, will explain the applicable policy but if the student continues to object the clerk will seek supe~iso~___assistance ...... He.also__said Ihat_~anly__ management._has___the. discretion to provide refunds to students outside the applicable college policy. At times the grievor telephones individuals in order to resolve problems. She testified that many students pay their fees by sending in faxes that charge the amount to a credit card. She said that a fax may not list an expiry date for the credit card, or give the wrong date, and in such cases she or another employee will phone the individual to obtain the correct information. She said that she would also call a staff member who ha~ requested an invoice if they have given her a wrong account number. The grievor testified that should an invoice be past due she would call the company involved respecting payment. She said that if the company claims it did not receive the invoice she would send it a copy. She indicated that at times a company has advised her that it had already paid the invoice and on checking she discovered that a cheque had been sent directly to a college department and deposited in a departmental account. This resulted in the department being paid twice for the same account since the mount in question would have previously been credited to the department's account when the grievor sent out the invoice. Presumably in those cases the grievor made the necessary adjustments to correct the situation. The grievor testified that she finalizes cashier sessions that come in during the day and everything has to balance. She described a session as everything entered into a terminal. She said that when she does a session she checks the cashier's work and does the finalizing on the computer. She indicated that before a session in finalized she might perform a correction, such as if it was recorded that a student made a payment using a Visa card when in fact they had used a Master Card. Mr. Montini testified that closing sessions on a monthly basis is a normal accounting function. He said that about 1,500 cashier sessions are performed each year. He contended that the reconciliation process for each session is the same although the source of an error might be different. In response to a question from the grievor, Mr. Montini acknowledged that it might take a long time for the grievor to fred and correct errors in a session. As noted above, the grievor spends some of her time in the cash office primarily utilized by students. She indicated that she works at this location _mos~t!y_...a__s__a_r~ief_t!e_rs._o__nduring__b_m_2t.r_eg_i_str_~tion periods or as a replacement for an absent employee. The grievor agreed with a suggestion fi.om the spokesperson for the College that she spends about 5% of her time in the cash office. When at this office the grievor receives payments directly from students. Because of the cash office's location, staff working in the office are frequently asked questions about courses. The grievor testified that "we" refer a lot of the questions to the registrars. Mr. Montini indicated that when hhe grievor gives out course information she does so using information contained in a college calendar. The grievor testified that when the person who normally opens the cash office is ill she will open the cash office safe and take out three cash drawers. The grievor said that on the day of the arbitration hearing the person in question had called in ill but because the grievor was unable to be present the cash office did not open on time. THE JOB FACTOR OF COMPLEXITY The job evaluation manual indicates that this job factor is meant to measure the amount and nature of analysis, problem solving and reasoning required to perform job-related duties. It measures the conceptual demands of a job as characterized by the analysis and interpretation required for problem and solution definition, as well as creativity, mental challenge, degree of job structure, planning activities and the variety and difficulty of tasks. The employer rated this factor at level 4 worth 58 points. The union argues for a level 5 rating worth 74 points. The criteria for these two ratings as well as illustrative classifications contained in the job evaluation manual provide as follows: 4. Job duties require the performance of varied, non-routine, complex tasks involving different and unrelated processes and/or methods. Clerk General D, Library Technician B, Programmer A, B 5. Job duties require the performance of complex and relatively unusual tasks involving specialized processes and/or methods. Programmer/Analyst A, SSO B, C, Technologist C ....... At--t-he hearin~the~rievor-took issue-with an-employer contention that the steps she follows in her work are predetermined. She gave the example of a request she had received to prepare an invoice for $14,000 for a course. She said that on the second page of the request she discovered that she had to invoice eleven different companies with respect to the various students enrolled in the course, with the amounts broken down between tuition fees and materials. The tmion argued that the grievor's job duties require the performance of complex and relatively unusual tasks involving specialized processes and methods. By way of example it referred to the grievor's role in reconciling student refund and sundry accounts as well as her role in finalizing and troubleshooting errors in cashier sessions. Standing alone, the wording of the factor level definitions is not particularly helpful when determining what types of duties meant to be rated at level 4 as opposed to level 5. In particular, it is not immediately obvious what the difference is between varied non-routine complex tasks (level 4) and complex and relatively unusual tasks (level 5) or the difference between different and unrelated processes and/or methods (level 4) as compared to specialized processes and/or methods (level 5). The illustrative classifications and job evaluation guide charts for these and certain other classifications do, however, provide assistance in understanding the type of complexity meant to be associated with the two ratings. One of the illustrative classifications for a level 4 rating is Clerk Oeneral D. It is clear from the relevant job evaluation guide chart that although the employer classifies the grievor as a Clerk General D she does not perform the typical duties associated with the classification. Certain of the typical duties of the classification can, however, be viewed as analogous to work performed by the grievor. These include: "Analyzes statements to determine causes of budget variance. Conducts cost analysis studies. Processes and controls purchase orders." The guide chart for a Clerk General C indicates that someone performing the typical duties of that classification will also receive a level 4 rating for complexity. Some of the typical duties of a Clerk General C listed in the relevant guide chart are similar to the duties performed by the grievor, namely: "Prepares payroll documentation, bank deposits, cash receipt journals and reconciles trial balances. Expedites purchase orders and verifies invoices .... Disseminates ..... detailed information in res_po__ns~__toa~ide, range_.of_enquiries ..... Maintains and verifies various records." Both the Support Services Officer B and C classifications are illustrative classifications for a level 5 rating for complexity. The typical duties for these two classifications listed in the applicable job evaluation guide charts are as follows: SSO B Compiles and analyzes data in order to provide recommendations as to appropriate course of action. - Prepares operation plans, schedules and terms of reference. - Represents College in dealing with public by attending appropriate functions. 10 Trains, co-ordinates and monitors activities of others as appropriate. SSO C Researches and prepares presentations and reports to communicate and support college plans and objectives. - Provides functional guidance and direction to others. - Analyzes requirements of groups both within and external to College and develops programs to meet these requirements. - Provides liaison with government agencies in relation to the administration of projects. The grievor's tasks are similar or analogous to typical duties performed by a Clerk General C and D that justify a level 4 rating. Her duties do not appear to have the same character as the duties of a Support Services Officer B or C, which justify a level 5 rating, in large measure because the grievor does not have the same wide scope for action. The grievor's tasks are complex but due to their very nature are essentially repeated with some variation on an on-going basis. In light of these considerations, I affirm the level 4 rating for complexity given by the employer. JUDGEMENT This factor measures the independent judgement and problem solving required on the job. It assesses the difficulty in identifying various alternate choices of action and in exercising judgement to select the most appropriate action. It also considers mental processes such as analysis, reasoning or evaluation. The employer rated the grievor's position at level 4, which is worth 66 points. The union contends that a level 5 rating worth 84 points is more appropriate. The level definitions and illustrative classifications for these ratings are as follows: 11 4. Job duties require a considerable degree of judgement. Problem-solving involves handling a variety of conventional problems, questions or solutions with established analytical techniques. Early Childhood Education Worker; Nurse; Secretary C 5. Job duties require a significant degree of judgement. Problem-solving involves interpreting complex data or refining work methods and techniques to be used. Programmer B; Stationary Engineer C; Technologist B The union contended that the grievor requires a significant degree of independent judgement and problem-soMng skills in order to invoice on behalf of the employer and to maintain good college-public relations through a high degree of customer service. It argued that problems related to student accounts require a significant degree of ability to analyze and interpret data and an awareness of the limitations and inherent problems associated with the computerized student information system. The union further argued that the grievor's knowledge of the system enables her to identify the various choices of action available and to use a high degree of judgement to interpret complex data, select the most appropriate action, refine work methods and techniques and solve the problem. The union contended that the grievor requires superior problem solving skills to ensure optimal service levels respecting unrelated problems an- d-situat-ions-that-may- or-maynot have asolution engrained in policies and procedures. According to the union, because confi~ontations frequently arise with respect to financial matters, the grievor utilizes a significant degree of judgement, composure and empathy to evaluate, ret'me work methods or techniques and diffuse such situations. It argued that the grievor through careful analysis of student/client records will determine whether an account. is delinquent, determine whether there has been a human or computer error and determine the point at which the supervisor's intervention is required. During the hearing thc gri~vor wu~ asked what she did that involved the interpretation of complex data. In her answer she referred to the over 400 account codes used for invoicing. She indicated that when she creates an invoice she enters the amount of the invoice into a college account identified by a code and then carries the amount owing as an account 12 receivable entry. In response to questions from the spokesperson for the employer, the grievor indicated that the codes are contained on a list and that she does not set up the codes. Mr. Montini testified that codes are set up by an accounts receivable analyst and the supervisor. In response to the question about what she does that involves the interpretation of complex data, the grievor also referred to taking in fees and ensuring they are applied to the right person and her role in finalizing sessions. During the hearing I asked the grievor what changes in approach she employs in her work. She replied that she must change her approach when she handles students. She said that a student at the cash counter might be in a rage and she will try to calm him or her down. I note that the requirement for effective communication, including promoting understanding and securing co-operation in order to respond to situations of a sensitive nature, is a matter addressed by the separate factor of communications/contacts. The spokesperson for the union asked the grievor about adapting work methods. In her answer the grievor referred to the invoice request that resulted in her invoicing eleven different companies. She also referred to having recently issued a large invoice to Ford. She said that normally Ford can't be invoiced unless the company has issued a purchase order. On this occasion, however, she was told by an official at Ford that no purchase order was necessary since he already had a cheque for the College. The grievor added that___when the College didn, t_receiwe_.paymentshe__phoneCkthis~official . and he had his wife, an employee of the College, bring in the cheque. The grievor also referred to the fact that Ford has outsourced its accounts payable, which results in 2% coming off invoice payments. The grievor said that she has dealt with Ford about this shortfall and Ford has provided a cheque for the difference. She also said that she told "Jane" that Jane should meet with Ford and advise the company that the college will have to charge an additional 2% or Ford will have to pay the amount it is being invoiced. It is apparent that the grievor handles large amounts of data, including inputting data into the computer system, checking data on the system, and balancing financial data. The evidence does not, however, suggest that the data is complex or that the grievor has to draw any general conclusions from the data. Instead she focuses on the detail of what is generally straightforward information. 13 The evidence falls short of establishing that the grievor ref'mes work methods and techniques. The issuing of an invoice to Ford in the absence of a purchase order when advised by a company official that a purchase order was not required may have involved a change in Ford's procedures. It did not, however, represent a ref'mement in the grievor's work methods. Neither did her statement to "Jane" about a possible change in the College's approach to invoicing Ford, particularly since the grievor has apparently continued to send out invoices to Ford for the correct amount and followed up with Ford to obtain any short-falls in payment. Having regard to the above considerations, I affirm the level 4 rating given by the employer. PHYSICAL DEMAND This factor measures the demand On physical energy required to complete tasks. The employer rated this factor at level 2 worth 16 points. The union argues for a level 3 rating worth 28 points. The criteria and illustrative classifications for these two levels are as follows: 2. Job duties require some physical demand. There is an occasional requirement for repetition and/or speed. ........... .E. mp__l_o__yee_us__ua!_l_y___h___as_c_o_m._f~rta_b_!e ..b0_d_i_l_y__ p_0s_it_i0n~s. _w.i~ .............. flcxibility of movement. Employee uses recurring light physical effort, OR Occasional moderate physical effort. Bus Driver; Secretary A, B, C; Security Guard; Clerk General B; C, D; Programmer A, B. C 3. Job duties require regular physical demand. There is a regulm' need for ~peed and repetitive use of muscles. Employee is in uncomfortable or awkward bodily positions for short periods of time with some flexibility of movement. 14 Employee uses continuous light physical effort, OR Recurring periods of moderate physical effort, OR Occasional periods of heavy physical effort. Caretaker A, B; ECE Worker; Switchboard Operator; Technologist A, B; Clerk General A The job evaluation manual indicates that the term "occasional" refers to part of a day, "recurring" to most of a day and that "continuous" is a reference to all of the time. The union contended that the grievor is engaged in continuous moderate physical effort. It its written brief the union referred to the time that the grievor spends at her desk when keyboarding and verifying data and also the need for mental attention. Keyboarding, however, is actually measured by the factor of motor skills while mental demands are covered by the sensory demand factor. A relevant consideration for the factor of physical demand is whether the grievor usually has comfortable bodily positions with flexibility of movement or whether she is in uncomfortable or awkward bodily positions for short periods of time with some flexibility of movement. There is nothing to suggest that when sitting at a desk the grievor is in an uncomfortable or awkward bodily position. I note that the illustrative classifications for a level 2 rating include Bus Driver as welt as Programmer A, B, C, all of whom would spend extensive periods of time sitting. The union relied on the fact that the grievor at times stands at a counter and that when she works at the cash office she continually stands at the counter. The gfievor, however, works in the cash office for only about 5% of the time. Even on the assumption that this constitutes moderate physical effort, it only involves occasional effort and as such fits the criteria for a level 2 rating. The grievor testified that sometimes she receives large deposits 5om parking meters. She said that one morning she grabbed a bag that contained $3,000 in coins. She went on to say that "we" don't get bags like that very often. It was Mr. Montini's evidence that there is no need for the grievor to 15 lift bags of coin since she can remove five or six rolls at a time or ask for help. This evidence suggests that moderate physical effort is generally required of the grievor when dealing with coins but only on an occasional basis. The grievor referred to her performing physical lifting when loading paper into a photocopier and moving boxes from isles. She added that she tries to get help with the boxes since she has had back problems. Mr. Montini testified that there is no need for the grievor to actually lift a full box of paper since a box contains 10 packages each with 500 sheets of paper. At most this would involve moderate rather than heavy physical effort. As noted above, the job evaluation manual indicates that the term "recurring" refers to most of a day. When the various times that the grievor is engaged in moderate physical are added together it would not equal most of a day on an ongoing basis. Accordingly, I conclude that the grievor engages in occasional moderate physical effort. This meets the criteria for a level 2 rating. STRAIN FROM WORK PRES SURES/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 employer rated this factor at level 3 worth 28 points. The union argues that a level 4 rating worth 39 points would be more appropriate. The definitions and illustrative classifications are as follows: 3. Job duties involve moderate work pressures or demands. Interruptions, changing deadlines, multiple demands occur regularly but are usually predictable. Occasionally, critical deadlines may occur. Clerk General C, D; Secretary A, B; SSO A, B 16¸ 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. Secretary C; SSO C, D; Tech Support Specialist The PDF contains the following statement with respect to his factor: "The incumbent is frequently involved with several deadlines (daily depositing, collection schedules, month-end deadlines, registration deadlines, etc.). Constant customer query interruptions and workload demands prioritizing to meet deadlines." The grievor testified that she faces deadlines when finalizing month end sessions, performing montMy reconciliations and when doing year end sessions. She indicated that some deadlines are not predictable, such as someone asking her for an invoice in two hours time or her trying to get large cheques into thc bank. She indicated that in her view she has a deadline for opening her office and, at times, for also opening the cash office. The grievor testified that she faces frequent interruptions. She gave the example of her working on an invoice and receiving a call from the cash office to come and relieve someone. She also gave the example of another staff member sending out 1500 letters to students about unpaid fees and "we" then getting calls questioning why the money is owed and having to give the answers. Mr. Montini contended that all month end and year-end deadlines as well as fees deadlines are predictable. He said that the grievor may face conflicting deadlines, such as someone asking that she have an invoice ready for a meeting with a client in two hours' time when she has month end work to perform. According to Mr. Montini, if the grievor cannot do all of the work her supervisor will prioritize what is to be done, which may mean that the person asking for the invoice cannot be accommodated. He contended that everyone faces interruptions but they do not occur every minute of the workday. In its written submissions the union made reference to other employees standing around a photocopier situated near the grievor's workstation. This, however, is not the type of pressure reflected in the criteria for this factor. The union also referred to the grievor having to deal 17 with irate students. As noted above, actual communications are addressed by the factor of communications/contacts. In its submissions the union contended that the grievor might be dealing with second semester fees and be assigned a new project that prevents her from completing a session. The union also contended that the grievor is frequently involved with several deadlines and high workload volumes in a high-pressure noisy environment. It argued that constant customer query interruptions and workload demands require that the grievor prioritize to meet deadlines and constantly shift daily priorities to ensure that critical deadlines are met. The grievor's job involves haterruptions, changing deadlines, and multiple demands. These occur regularly but are usually predictable. Critical deadlines occur occasionally. This situation fits the criteria for a level 3 rating. Arguably, however, the situation also fits the language associated for a level 4 rating, namely conflicting work pressures, frequent interruptions ha workflow, work situations that may be unpredictable with shifts in priorities and occasional critical deadlines. Indeed, it appears that almost any position that meets the criteria for a level 3 rating will arguably also meet the criteria for a level 4 rating. This is one of those situations where the illustrative classifications are key to understanding what types of work pressures are meant to be rated at level 4 as opposed to level 3. Of the six illustrative classifications for a level 3 rating two have typical duties that involve responding to detailed enquiries. These are as follows: Clerk General C Disseminates detailed information in response to a wide range of enquiries. Secretarw B Answers enquiries that require a complete knowledge of policies and procedures. None of the typical duties of the illustrative classifications for a level 4 rating refer to answering detailed enquiries. This suggests that interruptions related to answering inquiries are viewed as coming within a level 3 rather than a level 4 rating. 18 Anyone who faces multiple demands is required to prioritize their work in the sense of deciding what to do fa'st and then as new demands arise re-evaluate the situation. This is tree regardless of the nature of the work involved. The illustrative classifications, however, suggest that the types of shifts in priorities referred to in the criteria for level 4 involve more than shifting from one specific task to another specific task. I note in this regard that the typical duties listed in the job evaluation manual for the illustrative classifications for a level 3 rating primarily involve the performance of specific tasks or projects that are relatively narrow in scope. Thy typical duties for the level 4 illustrative classification of Secretary C include: "Researches material to provide supervisors with background information required for policy and planning mcctings. Gathers program, student and staff data and prepares narrative and statistical summaries." The typical duties of an SSO C, another illustrative classification for a level 4 rating include: "Researches and prepares presentations and reports to communicate and support college plans and objectives .... Analyzes requirements of groups both within and external to College and develops programs to meet these requirements." The typical duties of a SSO D include: "Markets College capabilities to outside community. Develops detailed training programs to ensure adherence to original objectives." The typical duties of a Technical Support Specialist include: "Assesses user needs and determines the softwarc appropriate to meet those needs. Alters and/or designs software systems where required." To switch priorities with respect to these typical duties would involve a change from one fairly wide range of activities to another wide range of activities. When the grievor is faced with multiple demands, however, she may move from one fairly narrow task to another fairly narrow task. I do not view the grievor's duties as involving the types of shifts in priorities contemplated for a level 4 rating. Accordingly, I confirm the level 3 rating given by the employer. INDEPENDENT ACTION This factor measures the independence of action and decisions required by a job. The job evaluation manual nOtes that controls can be in the form of supervision, policies, procedures or established practices. 19 The employer rated the grievor's position at level 3 which is worth 33 points. The union asks for a level 4 rating worth 46 points. The relevant level definitions and illustrative classifications are as follows: 3. Job duties are performed in accordance with general procedures and past practices under periodic supervision, with occasional periods of Supervisor input or verification. There is moderate freedom to act independently. Clerk General C, D; General Maintenance Worker; Microcomputer Operator B; Secretary A, B 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 freedom to act independently with Supervisor input or verification when requested. Library Technician B; Secretary C; SSO A, B; Technician C; Technologist B The grievor testified that because of the time she has spent in her position she knows what has to be done and when. She said that at the time the grievance was filed Ms. Fischer more or less left staff alone unless there was a special project, which was .quite often. Thc grievor also said that Ms. Fischer would only give instructions to staff if she had a big job, such as when tax receipts were required in a hurry, when she would divide up the work for the staff. She added that on the whole Ms. Fischer lef~ staff to work hadependeJstly. The grievor indicated that Ms. Fischer would at times ask her how certain work was going. She testified that she would seek out Ms. Fischer's assistance if there was someone at the counter she could not calm down, if a student with a problem would not accept what she was telling them or if the individual insisted on speaking to someon~ higher than her. The grievor said that during 1999 she met with Ms. Fischer for at most 12 times over a six- month period. The grievor testified that she had gone to a senior accounts receivable analyst a few times for advice but noted that this person is not in management. She also said that four or five staff members in the area would at times get together to discuss the easiest way to solve a problem. The 20 grievor indicated that there were procedures relating to her work but they were not up to date and she did not refer to them very often. The grievor testified that although she finalizes everyone else's sessions, someone else finalizes hers. She also said that the reconciliations she performs go to her supervisor. The grievor agreed with the spokesperson for the employer that the supervisor would look over the reconciliations to sec if there are any problems or discrepancies Mr. Montini produced a procedure manual at the hearing. He contended that procedures were in place through both documented procedures and past practices. He said that over the years there had not been any significant changes to the procedures. He contended that although thc grievor works independently there is periodic supervision to verify her work. The union argued that the grievor has the freedom to modify practices to meet particular situations and acts independently to achieve results and select priorities. It contended that the work of the grievor is not checked on a daily, weekly or monthly basis by her supervisor and that she makes infrequent requests for input by the supervisor. It is apparent from the grievor's evidence that not only did she on occasion seek input from her supervisor, but at times thc supervisor on her own initiative had input into the grievor's work and asked about her progress. There was little evidence to suggest that the grievor actually adapted or modified procedures and past practices. This is consistent with the nature of her work which in large measure involved invoicing and receiving and recording payments to the College. Having regard to these considerations I conclude that the criteria for a level 4 rating have not been met. RESPONSIBLILITY 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. 21 The employer rated this factor at level 3 worth 44 points. The union contends that a level 4 rating worth 62 points is more appropriate. The criteria and illustrative classifications for these ratings are as follows: 3. Decisions and/or actions have moderate impact on the organization. Errors are usually detected by verification and review and may result in disruption of the workflow, duplication of effort, and/or limited waste resources. Clerk General C, D; General Maint Worker; Reprod. Equip. Operator B, C; Secretary B, C 4. Decisions and/or actions have considerable impact on the organization. Errors are detected after the fact and may result in considerable interruption and delay in work output and waste resources. ECE Worker; Stationm'y Engineer C; SSO B, C; Technologist B, C The employer in its written brief contended that undetected errors on the part of the grievor might result in over/understated revenues/assets for the College but that these would usually be limited to an individual customer account. It also argued that inaccurate invoicing to clients or students would cause embarrassment to the employer. The union contended that errors on the part of the grievor could have significant financial consequences. At the hearing the grievor was asked about the impact of possible errors on her part. She said that if she were doing several invoices for a large company and put in a wrong code, the wrong department at the College could end up sitting with $100,000 in its account that didn't belong to it. Mr. Montini testified that the College receives cheques for amounts ranging from $5 to $10 million. He said that in situations where money is deposited to the wrong account the money remains at the College and the error will usually be detected after the fact. Mr. Montini agreed with the spokesperson for the union that such an error might be corrected six months to a year later. He indicated, however, that with larger amounts the department that should have received the money will quickly start asking. about the funds and the error will be discovered and corrected. Mr. Montini testified that reconciliations performed by the grievor are reviewed by the supervisor on a periodic basis and also reviewed by the employer's internal auditors. 22 It is apparent that most if not all potential errors on the part of the grievor would eventually be detected. Some would be discovered and corrected relatively quickly as part of the checks and balances inherent in the employer's accounting procedures. Other errors, however, would only be detected well after the fact. This would include situations where funds were deposited to wrong account due to the use of a wrong account number or some other error. During the hearing no reference was made to the grievor actually having made an error of sending out an invoice for the wrong amount, including a possibly large under billing, or having failed to follow up with a non-payment in a timely fashion. Should such errors occur, however, there would be a potential of a delay in receiving, or perhaps even a loss of, a substantial amount of money. Accordingly the situation is one where certain types of errors would only be dctcctcd after the fact and, depending on the situation, an error might result in a considerable waste of resources. This meets the criteria for a level 4 rating. Accordingly I find that the rating for this factor should be raised from level 3 to level 4 WORK ENVIRONMENT This factor measures working conditions in terms of the physical environment while doing the work. The employer gave the grievor's position a level I rating worth 10 points. The union contends that a level 2 worth 32 points is more appropriate. The level definitions and illustrative classifications are as follows: 1. Job duties are carried out with occasional exposure to slightly disagreeable and/or hazardous elements. Clerk General B, C, D; Secretary A, B, C 2. Job duties are carried out with occasional exposure to moderately disagreeable and/or hazardous elements OR recurring exposure to slightly disagreeable and/or hazardous elements OR there is a requLrement for occasional travel (10% - 30%) SSO C; Switchboard Operator; Technician A, B, C; Technologist A, B,C 23 In its written brief the union argued for a level 2 rating, in part based on its contention that the grievor is exposed to a VDT 100% of the time. It also contended that because the grievofs desk sits in close proximity to a photocopier this results in her encountering noise, distractions and interruptions from others. The fact that Clerk General B, C, D and Secretary A, B, C are illustrative classifications for a level 1 rating suggests that working with a computer terminal is not viewed as involving exposure to anything more than a slightly disagreeable or hazardous element. It also suggests that being in close proximity to normal office equipmem and the staff who operate such equipment is not regarded as a disagreeable or hazardous element. Having regard to these considerations I con_firm the level 1 rating given by the employer. CONCLUSION The employer's revised rating of the grievor's position following the step one grievance meeting resulted in the position receiving a total of 523 points. A level 4 rating for the factor of responsibility for decisions/actions raises this by 18 points to a revised total of 541. This is still within the 511 to 570 point range for payband 8. The grievance is, accordingly, hereby dismissed. Dated this 30th day of November 2001. ARRITRATION DATA SHEET - SUPPORT STAFF CLASSIFICATION Coitc§c: Sheridan I 'incumbent(s): Bev Ad,ms ~ Supet~z0r: K,Fi~cl~er Preset ClassificatiOn: Clerk D [ ~d Prcscm Payb~d: S "lob Fam[ly/P~yb~nd ~equested by Griever: O~ce So.ices, ~lerk D At~ica[ Payband l0 1. [ ~ Po~i~ion Description ~'o~ Aaached 2. { ] The pa~i~s agree on thc content of thc e~h~ Position D~criptiott Fom~ 3. [XJ Thc Union diaagrce~ ~vith the content ofihe attached Position Description Fo~. The spec{ ~c detalia of til is disagreement mm attache. { -- ~ACTORS - ' ·Union Arbitrator Award Level Poina Level Poin~ Level Points i. Train~g~l~cal Skill ~ 71 4" 71 ~ 7 1 ~, Motor gkiUs c2/c3 22/2~ c3 2~ C ~ ~ ~ 6. Physical De,nd 2 16 3 28 ~ / ~ 8. '9~ain ~m Work . 3 28 ~ 39 l t R~ponsiblli~ r~ " 3 ~ 4 62 ~cision~%ctio~s . ~ ~ ~ TOT~ PO~S ' ' 523 '633 ~ ~ PA~ 8 ~ 0 'JOB CLASS~CA~ON A~~ ~fi sVaM~SS~O~S: .... l i The Union [. I The-Co.ge . 'tLmon ~te~nta~Ve) ._ (D~) (~olb~ ~eut~ivo) ~atc) ..