HomeMy WebLinkAboutGreen Group 01-10-05 IN THE MATTER OF AN ARBITRATION
BETWEEN:
ONTARIO PUBLIC SERVICE EMPLOYEES' UNION, LOCAL 561
(hereinafter called the Union)
- and -
SENECA COLLEGE OF APPLIED ARTS AND TECHNOLOGY
(hereinafter called t'h'i~C-o~'
- and -
CLASSIFICATION GRIEVANCES OF GREEN, RAMESAR AND GIGAR
(hereinafter called the Grievors)
ARBITRATOR
PROFESSOR lAN A. HUNTER
APPEARANCES:
FOR THE UNION: Ms. Janice Hagan
FOR THE COLLEGE: Ms. Jane Wilson
AN EXPEDITED ARBITRATION HEARING WAS HELD AT SENECA COLLEGE
ON SEPTEMBER 14, 2001
1
AWARD
(1) Introduction
Three GrievOrs - Patty Green, Cherryl Ramesar and Yohannes Gigar - filed
grievances dated May 24, 2000 alleging that they were improperly classified as
Technologist 'C', Payband 11 (Exhibit 1).
The Position Description Form (hereinafter P.D.F.) was agreed to between the
parties and signed off on August 30, 2000 (Exhibit 2).
Prior to the arbitration hearing, each party filed a brief outlining the job factors
agreed upon, the three job factors in dispute, and submissions with respect to each factor.
An expedited arbitration hearing was held at the Woodbine campus of Seneca
College on September 14, 2001.
I record my appreciation to Ms. Hagan and Ms. Wilson for the professional and
efficient manner in which this case was put before me.
(2) The Position in Question: An Overview
Each Grievor is employed on the computer help desk in the Client Services
Department at Seneca College.
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The position in question is accurately summarized in the P.D.F. (Exhibit 2) as
follows:
"The incumbent is responsible for providing college-wide technical academic and
administrative computer and network support including telephone support via the
college help desk. The incumbent provides training in the use of e-mail, netscape
calendar and various college software packages to all levels of Seneca personnel.
The incumbent is responsible for administering and maintaining administrative,
faculty/academic, and support staff user accounts on the college directory server
as well as shared resources on the college's wide area network and intranet. The
incumbent uses LANDesk which is a sophisticated software package to
troubleshoot a computer remotely through the college network to review the
computer's information, logs and data. Often the incumbent will resolve the
problem remotely, thus avoiding a service call from an ITT computer technologist."
(3) Job Factors Agreed
There are nine agreed upon job factors and ratings:
Training/Technical Skills Level 6 110 points
Experience Level 4 45 points
Complexity Level 5 74 points
Judgement Level 6 102 points
Motor Skills C4 28 points
Strain from Work Pressures/
Demands/Deadlines Level 4 39 points
Independent Action Level 5 60 points
Communication/Contacts Level 4 124 points
Responsibility for Decisions/
Actions Level 4 62 points
(4) Job Factors in Dispute
(a) Physical Demand
This factor measures the demand on physical energy required to complete
tasks. Consideration is given to:
- the type and duration of physical effort;
- the frequency;
- strain from rapid and repetitive fine muscle movements or the use of larger
muscle groups, lack of flexibility of movement.
The College has rated this factor at Level 2:
"Job duties require some physical demand. There is an occasional
requirement for repetition and/or speed. Employee usually has comfortable
bodily positions with flexibility of movement.
Employee uses recurring light physical effort,
OR
occasional moderate physical effort."
The Union has rated this factor at Level 3:
"Job duties require regular physical demand. There is a regular need for
speed and repetitive use of muscles. Employee is in uncomfortable or
awkward bodily positions for short periods of time with some flexibility of
movement.
Employee uses continuous light physical effort,
OR
recurring periods of moderate physical effort,
4
OR --~
occasional periods of heavy physical effort."
The P.D.F. (Exhibit 2) indicates that prolonged sitting, telephone usage and
long periods on the keyboard occupy "over fifty percent" of the incumbent's
time. From the evidence of the three Grievors, corroborated on this point by
their supervisor (Ms. Claire Vozza, Manager, Client Services, ITT) the
appropriate figure is more like ninety percent, or certainly eighty to ninety
percent.
While the Grievors are sitting at the help desk, they are wearing a headset. On the
headset they are dealing with telephone calls relating to computer problems,
originating both within the College (ninety percent) and from home (ten percent).
Three to four times a day, on average, they will have malfunctioning computer
equipment turned over to them at the help desk which they will carry back to the
repair area. This equipment includes monitors (thirty to thirty-five pounds), printers
(up to forty pounds) and CPU's (up to forty pounds). While the College emphasized
that there was a cart available to assist with transportation, the evidence was that
the Grievors generally carry this equipment unassisted back to the repair area.
Likewise, once the equipment has been repaired and someone shows up at the
help desk to pick it up, they frequently go to the repair area and bring the equipment
to the customer.
All three Grievors emphasized the busy nature of the help desk. There are constant
telephone calls (which are queued and taken in priority), walk-in traffic, technicians
asking questions, and other (e.g. repair) people coming and going. One of the
....... 'r Grievors described the position as "constantly having to listen to everyone".
Throughout this time, and apart from their coffee breaks and lunch period, the
Grievors are wearing their headset wired to their workstations.
I have concluded that physical demand should be rated Level 3.
I reach this conclusion because the Grievors are in "uncomfortable or awkward
bodily positions" for lengthy periods of time with some flexibility of movement.
With respect to physical lifting, the Grievors are required to exercise "moderate
physical effort" on a recurring (i.e. daily) basis.
From the evidence, there is a strain involved in being seated in a restricted position
for long periods of time, wired to their workstations with a headset.
While I accept the College's position that there is more mobility (i.e. getting up and
moving around) for the Grievors than for a Switchboard Operator, I am still satisfied
that the physical demand of this particular position fails squarely within Level 3.
Physical Demand - Level 3
(b) Sensorv Demand
This factor measures the demand on mental energy while performing tasks.
6
Consideration is to be given to: (a) the level or degree of concentration, i.e. visual,
auditory, tactile or some other form of concentration on a mental process; and (b)
frequency of the requirement for careful attention to detail and accuracy.
The College has rated this factor Level 4:
"Job duties require considerable visual, auditory, or sensory demand on
mental energy and frequent careful attention to detail and accuracy.
OR
Job duties require extensive visual, auditory, or sensory demand on mental
energy and occasional careful attention to detail and accuracy."
The Union rates this factor Level 5:
"Job duties require extensive visual, auditory, or sensory demand on mental
energy and frequent careful attention to detail and accuracy."
The P.D.F. (Exhibit 2) uses the adjective "considerable" in describing the
sensory demand. Prima facie, this would suggest Level 4.
However, the oral evidence of the Grievors, and of their supervisor, Ms. Vozza,
convinced me that the only apPropriate description of the Grievors' position is "...
extensive visual, auditory ... demand on mental energy and frequent careful
attention to detail and accuracy".
From the time they begin work, until the time they finish, the Grievors are dealing
with requests for help both in person or, more commonly, by telephone. Extensive
visual and auditory concentration is required to deal with virtually all requests. The
Grievors are simultaneously listening to an (often frustrated) client on the telephone,
attempting to describe what has gone wrong with their computer, while
simultaneously diagnosing problems and prescribing solutions. The Grievors use
many different kinds of software and usually have many screens open. Despite the
varied nature of the problems they encounter, they are successful in dealing with
"eighty to ninety percent" over the telephone, if they are unable to deal with the
problem over the phone, a technician will be dispatched to correct it. Usually the
technician will then discover that it is a hardware problem.
The College's rating (Level 4) itself recognizes that there is a substantial sensory
demand in this position. One difference between Levels 4 and 5 is in the adjective
used to describe the sensory demand: "considerable" (Level 4) or "extensive"
(Level 5). From the evidence I heard, "extensive" is a better fit than "considerable".
But these are just adjectives. The classification manual suggests that such issues
may be resolved by looking to the comparators. When I do that, I see that the
Grievors are compared (in terms of sensory demand) to "Switchboard Operator".
In my view this clearly undervalues this position. A much more cogent comparison
is Level 5 to the Systems Analyst or Tech Support Specialist. In saying this, I am
aware of the fact that there is no "program writing" component to the Grievors'
position. Nevertheless, there is a constant demand for acute auditory and visual
concentration.
Sensory Demand - Level 5
(c) Work Environment
This factOr measures working conditions in terms of the physical environment
while doing the work.
Consideration is given to:
- the probability or likelihood of exposure to disagreeable elements;
- the nature of the disagreeable element;
- length of exposure while on the job; and
- travel.
The College has evaluated this factor Level 1:
"Job duties are carried out with occasional exposure to slightly disagreeable
and/or hazardous elements,"
The Union proposes Level 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 requirement for occasional travel (10%-30%)."
There is no exposure at all to hazardous elements, so that part of the
definition is inapplicable in this case. There is no requirement for travel. The
issue then becomes whether there is occasional exposure to "slightly
disagreeable" (i.e. the College's position) or "moderately disagreeable"
elements (i.e. the Union's position).
The three Grievors work in Room 3166 at the Newnham campus of Seneca
College. They work in an interior office (no windows) with constant traffic of people
in and out, and their work stations are in a tightly confined area.
By comparison, the Switchboard Operator works in a windowed office, quieter, and
with more space. Nevertheless, the Switchboard Operator is classified at Level 2.
For the College, Ms. Wilson submitted that the Switchboard Operator classification
on this job factor is in error; however, in my view, an arbitrator must take the
comparator classifications as given in the job evaluation manual.
On the evidence I heard, the Grievors work environment is more disagreeable than
that of the Switchboard Operator; consequently, it would be incongruous for them
to have a lower classification on this job factor. Accordingly, I have concluded that
work environment should be classified Level 2.
Work Environment - Level 2
(5) Arbitration Data Sheet
For the reasons given in this Award, the Arbitration Data Sheet for the Grievors'
position is as follows:
10
FACTORS LEV_EL POINTS ~'
Training/Technical Skills 6 110
Experience 4 45
Complexity 5 74
Judgement 6 102
Motor Skills C4 28
Physical Demand 3 28
Sensory Demand 5 50
Strain from Work Pressures/
Demand/Dead Ii nes 4 39
Independent Action 5 60
Communications/Contacts 4 124
Responsibility for Decisions/
Actions 4 62
Work Environment 2 32
Total 754
Job Classification Technologist Atypical, Payband 12
Accordingly, the three grievances are allowed. The Grievors are to be reclassified
as Technologist Atypical, Payband 12. I remain seized to deal with any issue which may .~.-~'
arise in the implementation of this Award.
Dated at the City of London this 5% day of ~,.1,~ ~-'~ , 2001.
~ P~/of~'sor lan A. Hunter ~e Arbitrator