HomeMy WebLinkAboutPayne 01-10-11 IN THE MATTER OF AN ARBITRATION
BETWEEN:
CENTENNIAL COLLEGE
("the employer")
and
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
("the union")
AND IN THE MATTER OF A GRIEVANCE OF MS. SHIRLEY PAYNE
(OPSEU #O1C087)
ARBITRATOR: Ian Springate
APPEARANCES
For the Employer: Linda Carson, Manager, Employment
Services
M. E. Fischman
For the Union: Larry Goldin, President, Local 559
Shirley Payne
HEARING: In Toronto on September 11, 2001
AWARD
The employer classifies the grievor's position as that of a Secretary C
at pay band 8. In a grievance dated April 14, 2000 the grievor contended
that she should be classified as a Secretary Atypical at pay band 10. At the
hearing the grievor said that she views her job as being between that of a
Secretary C and a Support Services Officer ("SSO") since she does part of
both jobs.
THE PARTIES' POSITIONS
Prior to a first step grievance meeting the employer rated the grievor's
job as having a total of 548 points under the applicable job evaluation
system. The union rated the job at 644 points. Initially six job factors were
in dispute. Following a first step grievance meeting on May 5, 2000,
however, the employer agreed with the union's rating for the factor of
sensory demand. This raised the employer's total rating to 559 points, still
within pay band 8.
In a memo to the union dated May 23, 2000, and again at the hearing,
the representative of the employer contended that at the fa'st step grievance
meeting the union agreed with the employer's ratings for the factors of
motor skills and physical demand. The union argued at the hearing,
however, that it had not agreed with the employer's ratings for these two
factors.
I do not view it as appropriate for a party to enter into an agreement
with respect to the proper rating for a job factor and then repudiate the
agreement at arbitration. Accordingly, at the hearing I indicated that I was
prepared to abide by and enforce any agreement between the parties
respecting the proper ratings for the factors of motor skills and physical
demand. I al.qo indicated that as the party alleging the existence of such an
agreement it was up to the employer to prove that the union had agreed with
its ratings. The representative of the employer subsequently stated that
while the employer understood that the two factors had been settled, since
the employer did not have any notes of the relevant discussions she was
content to allow the two factors to be discussed at the hearing. In the result
the hearing proceeded on the basis that the two job factors remained in
dispute.
In addition to the factors of physical demand and motor skills, the
parties also disagreed on the proper ratings for the factors of complexity;
communications and contacts; and responsibility for decisions and actions.
THE ORAL EVIDENCE COMPARED TO THE PDF
An arbitration data sheet signed on behalf of the employer on July 9,
2001 and on behalf of the union on July 11, 2001 has a tick mark beside the
statement: "The parties agree on the contents of the attached Position
Description Form". The grievor was one of those who signed the arbitration
data sheet on behalf of the union.
The grievor's evidence, as well as certain assertions that she made in a
written argument filed at the hearing, differed in certain respects from
statements contained in the PDF. The gricvor's cvidcncc at times expanded
on and clarified the contents of the PDF. In such situations I have relied on
the grievor's evidence and the PDF. In a number of these instances the
grievor's evidence indicated that her actual responsibilities did not have the
same scope as might be suggested by the language of the PDF. By way of
example, the PDF states that the grievor "negotiates with instructors when
support requested is unrealistic or material asked for is inappropriate to
copyright guidelines." This language could be interpreted as suggesting that
the grievor negotiates varying levels of support staff assistance with
individual instructors and assesses material for copyright purposes. At the
hearing the grievor clarified the language by explaining that the initial part
of the statement refers to instructors who ask for tests to be typed and
printed for the following evening, work she will do if the materials are
urgently required. She indicated that the second part of the statement relates
to the fact that she will not forward to printing requests by instructors to
have copies made of portions of a text book unless the request is
accompanied by a form stating that the book's publisher has agreed to the
material being copied.
A somewhat different situation concerns the factor of physical
demand. The PDF entry respecting this factor commences with the
statement "Minimal physical demand is required for this position". This is
immediately followed by a reference to the grievor working in a normal
office environment with the flexibility to change movement or physical
position. Subsequent entries in the PDF, however, refer to the grievor lifting
bundles of priming and doing a lot of bending when preparing CE folders.
The grievor testified that she lifts heavy boxes of printing and at times works
on the floor stuffing pouches. These are tasks that involve more than
minimal physical demand. In the circumstances I have interpreted the
phrase "minimal physical demand is required for this position" as referring
only to the immediately following statement respecting the grievor's normal
office functions as opposed to other activities such as carrying boxes of
printing and working on the floor.
There were also situations where the oral evidence directly
contradicted the PDF with the result that the evidence and the PDF could not
be reconciled. One key area of conflict related to how much time the grievor
spends doing keyboarding. The PDF states that it is 60%. The grievor
testified that it is more than 60%. Anything over 60% would lead to an
increased rating for the factor of motor skills. As noted above, the parties
acknowledged on the arbitration data sheet that they had agreed to the
contents of the PDF. In my view it was inappropriate for the grievor to
adopt a position inconsistent with the agreement of the parties. Accordingly,
I have relied on the wording of the PDF.
THE GRIEVOR'S DUTIES AND RESPOSIBILITIES
The employer refers to the grievor as Secretary, School of Business,
Part Time Studies. She reports to office manager Ms. Moreen Jones Weekes
for administrative matters and to Ms. M. Fischman, Chair - School of
Business, Part Time Studies, with respect to her duties and responsibilities.
The grievor testified that she serves as secretary to Ms. Fischman and as
program support secretary for two of the four SSOs in the area. She also
assists part-time faculty, including by typing tests and examinations.
One of the grievor's duties is to schedule Ms. Fischman's
appointments. The grievor testified that she also works with Ms. Fisehman
to set the time and date of departmental meetings.
The grievor screens students who ask to meet with Ms. Fischman.
The grievor testified that she f'n'st tries to help such a student and if she is
unable to do so she attempts to get someone else in the office to assist him or
her before arranging for the student to meet with Ms. Fischman. She
explained that as a result of this approach only complicated matters such as a
grade appeal or a student who is very upset will be referred to Ms.
Fischman.
The grievor testified that she opens Ms. Fischman's mail and places it
in her in-tray. She indicated that she only puts magazines in the in-tray if
they contain an article she feels will be of interest to Ms. Fischman.
The grievor testified that on a daily basis she monitors student
enrollment in individual sections for the SSOs. She said that an SSO will
usually decide whether to cancel a section due to a lack of students but in the
summer when the area has been short staffed she has made the decision. She
said that she based her decisions on previous policy respecting the number
of students required for different ty~es of courses.
Ms. Fischman testified that normally the decision to cancel a course is
made at the SSO level in consultation with the program supervisor and
herself. She said that either the program supervisor or the SSO would confer
with her for a final decision. Ms. Fischman indicated that in the absence of
an SSO the same process would be followed but with the grievor being
involved instead of the SSO. This corresponds with a statement in the PDF
that the grievor, "monitors enrolment to determine when additional sections
or cancellation of sections is warranted during Program Officer's absence
and seeks further direction from the Chair".
When a section is cancelled the grievor telephones the students
already registered for the section to advise them of the cancellation and offer
them the option of enrolling in another class.
The grievor assists students to fill in the necessary forms for program
transfers and then obtains the appropriate approval signature. She said that
she also ensures that students follow proper procedures with respect to grade
appeals.
The grievor deals with in-person and telephone inquiries about what
courses are being offered, when they will be held and whether a course has
any prerequisites. The grievor testified that she is usually able to answer
these questions but if she cannot she refers the individual to the appropriate
supervisor.
The PDF states that the grievor processes book orders and obtains
special instructional resources aides and supplies. The grievor explained
that course outlines list a required text. She said that if an SSO is away she
will order the text by filling in a form and giving it to the bookstore.
The grievor testified that she prepares teaching contracts for
instructors that are signed by the instructor and Ms. Fischman. She testified
that as required she also prepares personal change notices and forwards them
to payroll. Should an instructor call the grievor about not being paid she will
follow up with payroll.
The PDF states that the grievor, "informs instructors of college
regulations affecting the teaching/learning process, e.g. I grades etc." The
grievor testified that she does this by including a faculty guidebook in
pouches provided to the instructors.
Students are at times asked to evaluate courses and instructors. The
grievor testified that she opens sealed evaluation forms from the students
and summarizes the results. She indicated that this involves counting the
different ratings given by students for different aspects of a course and for
the instructor's abilities.
The grievor prepares a master schedule for courses in her portfolio
area. She said that she does not actually schedule courses or rooms but
ensures that information is brought together so that one can easily ascertain
what an instructor is teaching, when and in what room.
The PDF contains the statement that the grievor will "prepare and
input calendar copy." The grievor indicated that SSOs and others write the
calendar text but once a year she loads it into the college's computerized
student information system ("SIS") so that students can actually register for
courses. That portion of the PDF which addresses the factor of experience
describes one skill or ability required for the position as: "Ability to load
calendar copy to the College's student information system; load course
numbers, section numbers, start/stop dates, room numbers, etc.; pre-
requisite/co-requisite through the use of several screens and add/drop/course
cancellations."
When Ms. Fischman gave her evidence the grievor suggested to her
that calendar loading is a specialized skill. Ms. Fischman disagreed. She
said that anyone who knows the SIS system could do the loading. She
described it as involving data entry work that is not any more complex than
other data entry work. She acknowledged that it must be performed
accurately. Ms. Fischman contended that a new employee with a couple of
months' experience could perform the work and that the Registrar's office
uses part-time staff to do loading.
The PDF contains the statement that the grievor will, "input grades
(approximately 6,000/semester) and reviews grade submissions to assure
correctness and accuracy and informs instructors where revisions must be
made when the grades do not conform with Centennial's official grading
policy." The grievor testified that at the end of every semester instructors
submit grade rosters and she will load the grades. She said that if she has a
question about a grade, for example if the grade is not clear, she will contact
the instructor to clarify the matter. She also said that she advises an
instructor if a grade does not conform the college's grades policy. She gave
the example of an instructor giving a student a mark of B- when a B- is not
permitted, even though a B+ is allowed.
Approximately 10% of the grievor's time is taken up in handling
printing requests and then receiving, sorting and distributing printing jobs.
THE FACTOR OF COMPLEXITY
'rhis job factor measures 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, 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 in favour of a level 5 rating worth 74 points. The criteria for these
factors as well as illustrative classifications listed 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
The wording of the factor level definitions does not clearly indicate
where one is to draw the line between varied non-routine complex tasks as
opposed to complex and relatively unusual tasks, or what constitutes
different and unrelated processes and/or methods as opposed to specialized
processes and/or methods. The illustrative classifications for the two levels
and the job evaluation guide charts for certain classifications do, however,
indicate the type of typical activities meant to be captured by the different
levels. The job evaluation guide chart for a typical Secretary C, the top
typical secretarial position, indicates that someone performing the duties of
this position will generally receive a level 4 rating for complexity. A
Programmer B, a position involved in working with computer systems, is an
illustrative classification for a level 4 rating. The typical duties set out in the
job evaluation guide charts for these classifications, as well as for a
Programmer/Analyst A, an illustrative classification for a level 5 rating, are
as follows:
Secretary C
In addition to secretarial duties described for Secretary B:
- Researches material to provide supervisors with background
information required for policy and planning meetings.
- Gathers program, student and staff data and prepared
narrative and statistical summaries.
- Ensures that matters requiring immediate attention are
routed to the appropriate officials for action.
- Assembles and organizes information and materials for
presentations.
Programmer B
- Codes, tests and debugs complex programs.
- Documents all procedures used in programs.
- Prepares test data to test program logic in trial runs.
- Revises and refines existing programs, tests, debugs and
documents changes.
Pro~rammer/Analyst A
Determines input/output and systems with client or other
analysts.
Interprets system specifications.
Develops, codes, test programs to fulfill requirements.
- Interfaces with client after system installation.
- Writes and maintains user operations instructions for
computer systems.
The secretary guide charts when read together indicate that the typical
duties of a Secretary C also encompass the typical duties of a Secretary A
and a Secretary B. The typical duties of a Secretary A include screening
callers and arranging appointments. Those of a Secretary B include
purchasing office supplies under delegated authority, answering inquiries
that require complete knowledge of policies and procedures as well as
gathering and compiling divisional/departmental statistical data.
At the hearing the grievor contended that her position warrants a level
5 rating because it is complex, intricate and involved, especially the calendar
loading. She said that this work is intricate because it requires constant
concentration. She argued that calendar loading involves a specialized skill.
In her written argument the grievor made the following statements with
respect to complexity:
Argument based on the following:
complex- intricate & involved eg. Calendar loading which
requires specialized skills, processes and/or methods of data
entry and detail/concentration
- not considered all job duties non-routine as specified in 4/58
- have to provide logistical support for CE courses when
many of the normal college support systems are not in place
e.g. evening/weekend courses off campus.
10
The grievor's routine functions do not appear to be any more complex
than those of a typical Secretary C. The grievor relied heavily on to her role
in calendar loading into the SIS system to support her claim for a level 5
rating. While this work requires a detailed knowledge of the SIS system, I
do not view this as elevating the data entry into a specialized process such as
to warrant a level 5 rating. In reaching this decision I have relied, in part, on
the fact that a typical programmer B who codes complex programs and
revises and refines existing programs is rated at level 4, the same level as the
grievor. The type of complexity associated with a level 5 rating for
computer work is at the level of a typical Programmer/Analyst A who
determines input/output and systems requirements and then develops, codes
and tests programs to fill the requirements. The grievor's involvement with
the SIS system does not approach that level of specialized process.
As noted in the grievor's evidence and written argument, calendar
loading requires attention to detail and concentration. These are
considerations taken into account when assessing the factor of sensory
demand, however, not the factor of complexity.
In her written argument the grievor referred to the fact that she
provides logistical support for continuing education courses when many of
the normal college support systems are not in place. This duty is reflected in
an entry in the PDF that states: "The range of complexity in providing
logistical support for the CE courses and programs is quite diverse since
most activities take place in the evening or on the weekends and
arrangements have to be made or alternatives identified and actioned". This
suggests that the grievor must on a regular basi~q addre~qs a range of non-
routine complex tasks, which meets the definition of a level 4 rating. It does
not, however, suggest that specialized procedures or methods must be
employed when performing the tasks as required for a level 5 rating.
Having regard to the above, I confirm the level 4 rating given by the
employer.
MOTOR SKILLS
This factor measures fine motor movements necessary to fulfill the
requirements,of a position. There are two aspects of a rating for his factor.
11
One considers the dexterity, co-ordination, precision and speed required.
The parties agree that the grievor's position is entitled to a D rating for these
considerations, the highest rating possible. They disagree on the other
aspect of the rating, namely prevalence. The employer submits that a level 3
rating for prevalence representing to 31% to 60% of the time is appropriate
whereas the union argues in favour of a level 4 rating representing more than
60% of the time. The D-3 rating given by the employer produces 37 points,
the second highest possible for this factor. The D-4 rating argued for by the
union produces the maximum possible 40 points.
The PDF has areas to list those aspects of the position that require fine
motor movements as well as the percentage of time spent in performing each
of these tasks. The relevant entries on the PDF state as follows:
Keyboarding skills - used in word-processing. Accuracy and
speed are required.
Task/Equipment % of Time
Keyboarding 60
A frequency of 60% is the upper limit for a level 3 rating. In her
written argument the grievor advanced a number of submissions unrelated to
frequency but also made the statement "Frequent - More than 60% for
keyboarding." At the hearing the grievor contended that she is at the
computer over 60% of the time. At one point she estimated that 70% of her
time is spent at the computer while 30% involves physical demand. Ms.
Fischman estimated that the grievor performs keyboarding less than 50% of
the time. In support of this contention she listed a number of the grievor's
duties, including tasks that she said the grievor performs at the computer but
do not involve continuous keyboarding, such as checking information on the
SIS ~ygtem and reading e-mails.
As indicated above, I propose to rely on the wording of the PDF given
that the parties on the arbitration data sheet signified that they agreed on the
accuracy of the form. I do not believe it appropriate to give weight to
evidence that runs directly counter to this agreement.
12
Having regard to the foregoing I find that the grievor performs
keyboarding 60% of the time. This meets the requirement for a level 3
rating for prevalence. Accordingly, I uphold the D-3 rating worth 37 points
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.
Employee usually has comfortable bodily positions with
flexibility 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
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,
OR
occasional periods of heavy physical effort.
Ceu-etaker A, B; ECE Worker; Switchboard Operator; Technologist
A, B; Clerk General A
13
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 PDF contains the following entries with respect to this factor:
Minimal physical demand in required for this position. The
incumbent works in a normal office environment and has the
flexibility to change movement or physical position. The
incumbent may be sitting for long periods of time when
working at a workstation.
- A large amount of the incumbent's work is done on
microcomputer thereby resulting in visual strain.
- The incumbent may lift bundles of printing and may be
required to make at least two trips a day to retrieve these as
well as mail from the duplicating room.
- The incumbent does a lot of bending preparing CE folders.
Task % of Time
Sitting More than 60%
Lifting/Bending 10-30%
Walking 10-30%
As noted above, given that the PDF refers to lifting bundles and doing
a lot of bending I infer that the statement "Minimal physical demand is
required for this position" refers to the grievor working in a normal office
environment with the flexibility to change movement or position.
The grievor testified that her job requires that she lift large boxes
containing course outlines, tests and handouts when she is moving them
from printing. She said that she might have five or six boxes to move at a
time. She indicated that this occurs on a regular basis throughout the year.
The grievor testified that in September and January, and to a lesser extent in
May, she stuffs about 400 pouches and does this work on the floor. She said
that she is on the floor once or twice per day and this goes on for the first
14
three weeks of each semester. She said that once things quiet down she has
sufficient space to perform the task on a table.
It is apparent from the grievor's evidence that some of the bundles of
printing she lifts are heavy. This represents occasional periods of heavy
physical effort. The time the grievor spends on the floor involves awkward
bodily positions for short periods of time. These considerations meet the
criteria for a level 3 rating. Accordingly, I find a level 3 rating worth 28
points to be appropriate.
COMMUNICATIONS/CONTACTS
This factor measures the requirement for effective communication for
the purpose of providing advice, explanation, influencing others, and/or
reaching agreement. A note in the job evaluation manual states that raters
are not to rate the content of confidential information but rather the
communications responsibilities involved in handling it.
The employer rated this factor at level 3 worth 88 points. The union
contends that the appropriate rating is level 4 worth 124 points. The
definitions for these levels and the related illustrative classifications are as
follows:
3. Job duties require communication for the purpose of
providing guidance or technical advice of a detailed or
specialized nature, or for the purpose of explaining various
matters by interpreting procedures, policy, or theory. There
may be a need to promote participation and understanding
and to secure co-operation in order to respond to problems
or situations of a sensitive nature. Regular involvement with
confidential information which has moderate disclosure
implications.
Clerk General D; Library Technician A; Secretary C; SSO A, B;
Technician B, C
4. Job duties require communication for the purpose of
providing basic instruction or for the resolution of complex
problem situations. There may be a need for sophisticated
influential or persuasive techniques in order to address the
15
problem of those with special needs. Regular involvement
with confidential and sensitive information where disclosure
implications are significant.
ECE Worker; Library Technician B; Nurse; SSO C; Technologist C
The grievor testified that she has access to the social insurance
numbers and addresses of faculty members and she takes steps, such as
locking up a Rolodex, to ensure that others cannot access this information.
The grievor enters student marks into a computer system. She does not,
however, have any other communications responsibilities with respect to the
marks. She testified that when students ask for their grades they are told
they must go the Registrar's office. I am satisfied that the grievor's
communications responsibilities as they relate to handling confidential
information do not justify a higher rating than level 3.
In her written argument and her evidence the grievor addressed a
situation involving an upset student. At the hearing she indicated that an
SSO would normally have dealt with the situation but none was available.
In her written argument the grievor described the situation as follows:
Basic instruction eg. Recently a student filed a grade appeal
against one of our instructors, she was very upset and persistent
coming into my area every 15 minutes for 2 days. I went out of
my way to take the student aside and calm her down and
explain procedure and used very professional & sophisticated
influence to address the situation. This was a highly
complicated situation and by having and using sophisticated
reasoning, I calmed the student down, and once she understood
the college policy and procedure, she became relaxed. I then
used my persuasive nature to arrange for my boss to meet with
her and resolve the situation, the outcome: the student came
back and hugged me, thanked me over and over, offered to buy
me a coffee, she was so grateful and said that I was the only one
who reached out to help her.
The grievor~s interaction with students and part-time faculty involves
her explaining and interpreting procedures and policies, which meets the
criteria for a level 3 rating. This includes the situation described above
16
where the grievor explained college policy and procedure to the student.
She did not provide the student with basic instruction. The grievor's role in
getting her boss, presumably meaning Ms. Fischman, to meet with the
student to resolve the situation involved securing the cooperation of the
student and Ms. Fischman's in order to respond to a problem or situation of a
sensitive nature. It is not obvious that sophisticated influential or persuasive
techniques would have been required to get them to meet. There is also
nothing in the evidence to suggest that the student was a person with special
needs. If, in fact, the grievor did require sophisticated persuasive techniques
to convince the student and Ms. Fischman to meet with respect to a person
with special needs, a single incident such as this would not justify a higher
rating for the factor.
Having regard to the above, I confirm the level 3 rating for the factor
of communications/contacts given by the employer.
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 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 of 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; Stationary Engineer C; SSO B, C; Technologist B, C
17
The PDF contains the following statements with respect to the factor
of responsibility for decisions and actions:
If the incumbent does not accurately translate the needs of the
department when preparing/fulfilling work as requested it
would result in a backlog.
Incorrect information to the public on college programs, its
organization and administration, would cause minor
embarrassment and confusion.
Errors are easily detected through inquiries from faculty or the
Chair. There is minor effect on the department.
At the hearing the grievor contended that any decision or action on her
part could impact on the department and the college. She submitted that a
wrong judgement call might cost the college a student since the individual
might decide that the college is not worth attending. Presumably in the
grievor's view this type of situation would arise if she provided someone
with incorrect information. The PDF, however, describes this situation as
one that would cause minor embarrassment and confusion.
In her evidence the grievor referred to a situation where there had
been errors in the calendar copy. She said that she and other employees
went online to make the necessary corrections, which caused a delay in her
work. In her written argument the grievor contended that this "did result in
considerable disruption and delay, having to go back and change errors and
waste time correcting each error on SIS so that students could register for
Fall courses". This incident demonstrates that if the grievor were to make an
error when entering calendar information into the SIS system there would be
a need to correct it. This, however, appears to be caught by the wording of
the criteria for a level 3 rating which refers to a disruption in workflow and
duplication of effort. It does not meet the criteria for a level 4 rating of a
considerable interruption and delay in output and waste of resources.
In her written argument the grievor made the following statement:
18
...recently during summer vacations for instance, I would find
myself here by myself and would have to make decisions that a
SSO would make and ifI made the wrong one, it would have a
considerable impact not just on the department but the whole
college.
The above comment may relate, in part, to the incident involving the
student who the grievor arranged to meet with Ms. Fischman. It is not
obvious how the grievor's action could have a considerable impact on the
organization. Presumably the grievor's comment also relates to the
cancellation of sections in the absence of a SSO. Ms. Fischman's evidence
indicated that the SSOs, and in their absence the grievor, will make the
initial decision that the minimum target figure for a section has not been met
and accordingly the section should be cancelled. The final decision,
however, is actually made by Ms. Fischman. If during the absence of a
vacationing SSO the grievor did not make an initial determination about
canceling a section, presumably the section would not be cancelled until the
SSO returned from summer vacation. Again, it is not apparent how this
would have a considerable impact on the organization.
Having regard to these considerations I confirm the level 3 rating
given by the employer.
CONCLUSION
Subsequent to the filing of the grievance the employer agreed with the
union's rating for the factor of sensory demand. I have found the proper
rating for the factor of physical demand to be level 3. This results in a point
total of 571. This falls just within the range of 571 - 630 points required for
payband 9. Accordingly, to that extent the grievance succeeds.
I will remain seized of this matter to deal with any issues that may
arise out of this award the parties are unable to resolve. This includes the
issue of the amount of compensation owing to the grievor.
Dated this 31 st day of October 2001 ¢¢7//~~
ArbitraFfr
Classification: ~~
and Present Payband:
~The pa~iss agre~ on the contents of the attached Pcaitio~ Description F~rm OR
The Union disagrees w~th the conte~ of the attached Pos~on D~cHot[on Form. The specific de~ails of th~s
disagreement are as follows:
iu~e reverse side ~.~ neceesar¥)
FACTORS M~NA~EN1ENT UNION
Level ~tl Level Pelntm
Strain frO~
A~'ACHED WRI~N SU~MIS~tO~S~ ~ The Union ~ The College
FOR ARBITRATOR'S USE: