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HomeMy WebLinkAboutSamson 01-12-13 IN THE MATTER OF AN ARBITRATION BETWEEN: ONTARIO PUBLIC SERVICE EMPLOYEES' UNION, LOCAL 416 (hereinafter called the Union) - and - ALGONQUIN COLLEGE OF APPLIED ARTS AND TECHNOLOGY (hereinafter called the College) - and - CLASSIFICATION GRIEVANCE OF NICOLE SAMSON (hereinafter called the Grievor) ARBITRATOR PROFESSOR lAN A. HUNTER APPEARANCES: FOR THE UNION: Mr. Jacques Saucier, President, Local 416 FOR THE COLLEGE: Ms. Janet Ross, Director, Human Resource Services AN EXPEDITED ARBITRATION HEARING WAS HELD IN OTTAWA, ONTARIO ON DECEMBER 10, 2001 1 AWARD (1) Introduction The grievance of Nicole Samson is dated March 30, 2001 and alleges improper classification (Exhibit 1). Nicole Samson is currently classified as an S.S.O.C., Payband 11. Her current job title is Financial Aid Officer, and she is located at the Rideau campus. (2) Overview of Position The Financial Aid Officer is responsible for processing OSAP applications, reviews and appeals, as well as maintaining the Ministry of Training, Colleges and Universities web system. Specifically, the incumbent must review OSAP applications for eligibility, accuracy, completeness and entitlement. She also determines whether or not an application should be assessed as a"special case". She is responsible for determining eligibility and providing client service in accordance with seven (7) different financial aid programs: Ontario Student Assistance 2 Program, Ontario Special Bursary Plan, Bursary for Students with Disabilities, Ontario Work- Study Plan, Childcare Bursary, Part-Time Canada Student Loan/Special Opportunity Grant for High Need Part-Time Students, and Canada Study Grant. The incumbent must be familiar with detailed eligibility requirements for each of these financial aid programs. She must maintain accurate individual student files concerning all types of financial aid. She counsels students concerning loan default prevention. She approves fee deferments for students according to established guidelines. She prepares and investigates appeals of denial of student financial aid. She compiles and prepares monthly statistical reports on all student aid programs. She does a variety of other tasks incidental to the above specific requirements. The Grievor works at the Rideau campus, about a fifteen or twenty minute drive from the main Woodroffe campus. Her supervisor, Margo Gunn, is located at the Woodroffe campus. The Grievor administers all financial aid programs at the Rideau satellite campus. This means that she has certain supervisory responsibilities (e.g. hiring and training part- 3 time staff who assist during the peak registration periods at the beginning of the fall and winter semesters). The Grievor's additional responsibilities have been addressed by the College: there are four (4) full-time Financial Aid Officers at the Woodroffe campus, all of whom are S.S.O.C.'s, Payband 10; the Grievor is Payband 11. The Grievor is assisted by a front desk clerk (full-time); two part-time C.C.E.P. (Community College Employment Program) students who each work ten (10) hours per week; there is also a part-time employee (twenty-four (24) hours per week) who may work full-time at the peak registration periods. Obtaining financial support is critical to many students' ability to continue their education. Consequently, the Grievor must be able (a) to obtain full and accurate information from applicants; (b) to spot and remedy deficiencies in application forms; (c) to interpret Ministry guidelines concerning eligibility for, and termination of, financial assistance; and (d) to deal calmly and rationally with students who may be angry or upset by what they perceive to be unfair decisions - even though such decisions may originate with the Ministry guidelines, the Grievor is likely to be perceived as the one responsible. The Grievor estimated that ten (10%) to thirty percent (30%) of the students she deals with fall into the "angry/irate" category. The Grievor testified that the Rideau campus deals with about nine hundred (900) applications annually. Approximately twenty percent (20%) of these will come from "special needs students". 4 Student files routinely contain financial information relating not only to the student's financial circumstances but also financial information concerning their parents. The Grievor is the only person at the Rideau campus who has access to the confidential information in student files. The Grievor had seven (7) years experience in the financial aid office at the Woodroffe campus before she moved to the Rideau campus in 1994. One innovation she has introduced at the Rideau campus is to deal with OSAP applications in "groups"; typically, she will schedu e sessions for groups of up to twenty (20) students at which Ministry requirements can be explained and applications processed. Her supervisor, Margo Gunn (Director of Financial Aid), said that this program had been successful at the Rideau campus, but she doubted that it would be equally successful at Woodroffe campus where (a) there are many more students (approximately eight thousand (8,000) versus two thousand (2,000) at Rideau campus) and (b) where the Woodroffe Financial Aid Officers must deal with the unique requirements of the Ontario Special Bursary Plan applications. (3) The P.D.F. (Exhibit 2) The current P.D.F. was prepared in May, 2000. It was signed bythe Grievor on May 5, 2001 (Exhibit 2), but there remain minor disagreements with its content. Specifically, the Union believes that the "duties and responsibilities" section should include: "Compiles and approves both OSAP Cost Code tables for Rideau campus according to Ministry guidelines (within deadlines)". This is a function which the P.D.F. estimates occupies one percent (1%) of the Grievor's time. 5 It is not the function of an expedited arbitrator to re-write the P.D.F.. Nevedheless, in reaching my decision, I have accepted the Grievor's evidence that she does compile and approve OSAP Cost Code tables for the Rideau campus. (4) Job Factors Agreed Upon The parties are agreed on the following job factors: 1. Training/Technical Skills Level 6 110 aoints 3. Complexity Level 5 74 ~oints 4. Judgement Level 6 102 ~oints 5. Motor Skills D4 40 aoints 7. Sensory Demand Level 4 39 ~oints 9. Independent Action Level 5 60 ~oints 10. Communications/Contacts Level4 124 ~oints 11. Responsibility for Decisions/Actions Level 4 62 ~oints 12. Work Environment Level 2 32 ~oints (5) Job Factors in Dispute There are three (3) job factors in dispute. (a) Experience This factor measures the amount of practical experience in any related work necessary to fulfil the requirements of the position. 6 The College has rated this factor at Level 4: "More than three years and up to five years of practical experience." The Union proposed level 5: "More than five years and up to eight years of practical experiences." The Grievor came into the College system with a Grade 12 diploma. She started in financial aid at the Woodroffe campus and she spent seven (7) years there acquiring experience. When she moved to the Rideau campus (1984) she testified that it took an additional two (2) years before she felt "self-sufficient". When I asked the Grievor directly how much experience she thought it would require to do her job, she said: "Five (5) years". Her supervisor, Ms. Gunn, thought that "at least three (3) years experience - hopefully of some related work" is the minimum requirement. By related work, Ms. Gunn testified that she would consider: financial aid experience at a College or University; bank experience; mortgage experience; Edulinks (a company that deals with the links between banks and colleges and universities); or generally "working with money". 7 Both the Grievor's evidence, and Ms. Gunn's evidence are consistent with the College's ranking: Level 4 - "More than three years and up to five years of practical experience". Experience - Level 4 (b) Physical Demand This factor measures the demand on physical energy required to complete tasks. Consideration is to be 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 Level 2: "... some physical demand ... recurring light physical effort, OR occasional moderate physical effort". The Union has proposed Level 3: "... regular physical demand ... continuous light physical effort, OR recurring periods of moderate physical effort, OR occasional periods of heavy physical effort." 8 The only evidence of physical demand, either in the Union brief or in the Grievor's evidence, was the requirement that she access approximately eight (8) boxes of student files during peak times. These student files are in boxes on the floor of her office, and are eventually moved to a classroom or amphitheatre when the Grievor is giving a session to groups of students on financial aid. The Grievor indicated that the CCEP students were the ones who generally brought the files and put them back. Her main effort is in kneeling or crouching down to get access to them. The physical demand occurs (a) only at peak times (around registration at the beginning of the fall and spring semesters); (b) is, at most, "light physical effort"; and (c) the Union's proposed rating (Level 3) would equate the Grievor's position to that of caretaker and ia clearly e×ce~sive. Physical Demand - Level 2 (c) 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 Level 4: 9 "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 proposed Level 5: "Job duties involve continuous work pressures and unpredictable interruptions in workflow. Numerous conflicting demands and tight deadlines occur frequently." The Grievor testified that all of the financial aid programs that she administers have deadlines. However, these deadlines are known in advance and predictable. There are frequent interruptions in workflow and her job does involve some conflicting work pressures. I heard no evidence of"numerous conflicting demands" nor of "tight deadlines occur[ring] frequently". Without minimizing the degree of strain involved in the Grievor's position, Level 4 is clearly adequate. Strain From Work Pressures/Demands/Deadlines - Level 4 (6) Core Point Rating From my review of the P.D.F., and the viva voce evidence of both the Grievor and her supervisor, I find the Core Point Rating to be as follows: 10 FACTO RS LEVEL POI NTS 1. Training/Technical Skills 6 110 2. Experience 4 45 3. Complexity 5 74 4. Judgement 6 102 5. Motor Skills D4 40 6. Physical Demand 2 16 7. Sensory Demand 4 39 8. Strain From Work Pressures/ Demands/Deadlines 4 39 9. Independent Action 5 60 10. Communications/Contacts 4 124 11. Responsibility For Decisions/Actions 4 62 12. Work Environment 2 32 Total 743 Payband 11 (7) Conclusion The position is correctly classified as S.S.O.C., Payband 11. The grievance of Nicole Samson (Exhibit 1) is accordingly dismissed. Dated at the City of London this /'7///~ day of ~'/'~ ~¢ ('f , 2002. /~t~rA. Huntel ARBITRATION DATA SHEET- SUPPORT STAFF CLASSIFICATION College: Algonquin Incumbent: Nicole Samson Supervisor: Margo Gunn Present Classification: Support Services Officer 'C' and Present Payband: 1'1 Job Family & Payband Requested by Grievor: Support Services Officer, Atypical, Payband 12 - Position Description Form Attached - __ The parties agree on the contents of the attached Position Description Form OR __ The Union disagrees with the contents of the attached Position Description Form. The specific details of this disagreement are as follows: AWARD FACTORS Management Union Arbitrator Level Points Level Points Level Points 1. Training/Technical Skills 6 110 6 110 6 110 2. Experience 4 45 5 57 4 45 3. Complexity 5 74 5 74 5 74 4. Judgement 6 102 6 102 6 102 5. Motor Skills D4 40 D4 40 D4 40 6. Physical Demand 2 16 3 28 2 16 7. Sensory Demand 4 39 4 39 4 39 8. Strain from Work Pressures/ Demand/Deadlines 4 39 5 50 4 39 9. Independent Action 5 60 5 60 5 60 10. Communications/Contacts 4 124 4 124 4 124 11. Responsibility for Decisions/ Actions 4 62 4 62 4 62 12. Work Environment 2 32 2 32 2 3,2 PAYBAND/TOTAL POINTS 11 743 12 778 11 743 JOB CLASSIFICATION SSO 'C' SSO, Atypical SSO 'C' ATTACHED WRITTEN SUBMISSIONS: __ The Union __ The College FOR THE UNION FOR MANAGEMENT (Grievor) (Date) (College Representative) (Date) (Union Representative) (Date) FO~/~BITRATO R'S USE: rator's Signature) (Date of Hearing) (Date of Award)