HomeMy WebLinkAboutCurrier Group 01-00-00In the matter of an arbitration
between
SAULT COLLEGE OF APPLIED ARTS AND TECHNOLOGY
(hereinafter referred to as the College)
and
ONTARIO PUBLIC SERVICE EMPLOYEES UNION, LOCAL 612
(hereinafter referred to as the Union)
Group Classification Grievance: 01C020:
Lillian Currier
Ross Davis
Suzanne Morin
Sole Arbitrator: Gregory J. Brandt
Hearing:
Sault Ste. Marie, Ontario
April 23,2001
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AWARD
1. Introduction
The grievors are all employed as Employment Consultants in the Job Connect
program in Sault Ste. Marie, Ontario. They are classified as Support Services Officer,
Payband 11. In this grievance they claim that they are improperly classified and seek to
be classified as Support Services Officer-Atypical, Payband 12.
The Arbitration Data Sheet records the following ratings of the College and the
Union of the Job Evaluation Factors.
College Union
Level Points Level Points
1. Training/Technical Skills 6 110 6 110
2. Experience 4 45 4 45
3. Complexity 5 74 6 90
4. Judgement 6 102 6 102
5. Motor Skills C3 25 C3 25
6. Physical Demand 2 16 2 16
7. Sensory Demand 3 28 5 50
8. Strain from Work Pressures 4 39 4 39
9. Independent Action 5 60 5 60
10. Communication/Contacts 4 124 5 160
11. Responsibility for Actions4 62 4 62
12. Work Environment 2 32 2 32
Total Points 717 791
Pay band 11 12
Thus, there are 3 factors in dispute: Complexity, Sensory Demand, and
Communications.
The parties are agreed on the contents of the Position Description Form.
The Duties and Responsibilities of the Position are set out in the Position
Description form as follows:
A. Position Summary
The Employment Consultant is responsible for delivering the Job Connect program in
the College Catchment area. The Employment Consultant is responsible for
developing, planning implementing and monitoring client activities related to the
three components of JOB CONNECT. Information and Referral Services (IRS),
Employment Planning and Preparation (EPP) and the Job Development Placement
Service (JDPS). The emphasis in Sault Ste. Marie is on the employment planning
and preparation services for youth (16 to 24). Sault College Services are available
to youth 16 to 24. MTCU Schedule B target/profile groups must include: Ontario
Works recipients, those with grade 12 or less, those out of school, training longer than
6 months, those under 20 years of age. The employment consultant also
develops/provides and markets Job Connect and other services to groups to outside
community groups. With respect to the delivery and day to day operations of the Job
Connect program, the incumbent functions as a member of the delivery team and
operates in a CQI environment.
B. Duties and Responsibilities
1. Provides employment planning and preparation to Job Connect clients on a
daily basis. 74%
- conducts client intake interview to determine eligibility~
- conducts assessment of individual by identifying and documenting client's skills,
interests, abilities, barriers, educational background and work experience/s~
-completes all appropriate paperwork including~ application form, service plan
agreement, releases of information and obtains necessary identificatiom
- prioritizes level and immediacy of personal and employment needs~
-identifies and addresses issues which require stabilization and if necessary makes
referrals to more appropriate agencies~
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- depending on background/ability of client, developments employment marketing
strategy based on the current local labour market hiring practices;
- clarifies vocational goals, identifies and negotiates appropriate service interventions
which could include but is not limited to:
one on one employment consulting, workshops, resume development,
interview skill development, job search support, placement into labour market
opportunities including job shadowing, volunteerism and paid jobs, placement into
subsidized training, career exploitation/clarification, referral to concurrent outside
services, referral to education or other training, employment coaching and if
necessary post placement support.
- develops a specific detailed plan of activities based on required service interventions
which describes and addresses both short-term and long-term steps required for client
to achieve success;
- apprises client of potential suitable jobs and/or placements and when necessary
determines suitability in conjunction with JDPS team parmer;
- prioritizes access to JDPS by using the decision making model based on client need;
- throughout the EDP/JDPS blended service model monitors, supervises and evaluates
client performance;
-utilizes computerized software to record all case notes/client activities and ensures
the timely completion and accuracy of required documentation;
-initiates modifications to client's performance as necessary; proposes and
implements appropriate problem solving, as required:
- conducts statistical follow up at 3, 6, 12 months after client exits the program.
Other duties and responsibilities which occupy less than those listed above include
developing processes and procedures as a member of the Sault College Job Connect team
(10%), co-ordinating recruitment procedures for employers (3%), providing information
and referral services to individuals using the resource room (1%), liaising with front line
delivery external parmers of the Job Connect program (5%), liaising with employers,
government agencies, community social and educational agencies and participating on
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external committees discussing community planning and training and employment issues
(5%)
It is helpful to place the duties and responsibilities in the somewhat larger context
of the Job Connect program. Job Connect is an Ontario Ministry of Training, Colleges
and Universities program designed to provide individuals with the employment
preparation skills and knowledge they need to find and keep real jobs. It consists of three
separate components each with a different primary focus.
1. Information and Referral (IRS)
Individuals access information on careers and occupations, the local job market, training
opportunities and job search strategies to successfully find and maintain employment.
This component is primarily self directed and focuses mainly on providing information
and resource support to individuals who are able to find and maintain employment with
minimal direct service and support.
2. Employment Planning and Preparation (EPP)
In this component individuals clarify their employment needs, establish short and long
term goals and develop an action plan and prepare to find and maintain employment. It
focuses primarily on developing relationships with individuals, on supporting them in
planning and implementing a job search strategy, and while in placement in employment.
3. Job Development Placement Support (JDPS)
Individuals access and maintain employment and develop skills relevant to their specific
career goals. This component focuses primarily on developing relationships with
employers, on creating or developing access to opportunities in the labour market that
would not be available to participates in the open or competitive market, and on providing
follow-up support to employers who are sponsoring placements.
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Although Job Connect consists of 3 separate components it is intended that
services be designed in such a way as to incorporate the three key elements and to deliver
them so that individuals achieve their goals as quickly as possible through a "blended
model" approach to service delivery that ensures that individuals receive only the services
they need to be successful, based on their unique circumstances and starting points. Thus,
some may benefit from two or more of the service components at the same time and
others will receive services in varying combinations and sequences.
The Job Connect program is delivered by brokers across the province. The
College, along with YMCA Employment Services and the Sault Community Career
Centre, are the brokers in the Sault Area. However, as the Position Description Form
indicates, Sault College (and the grievors employed there) is only responsible for the EPP
component of the program to youth. YMCA Employment Services delivers the
IRS/JDPS components for Youth and the JDPS component for Adults and Sault
Community Career Centre delivers the IRS/EPP components for Adults.
2. The Issues
i) Atypicality.
Before determining the appropriate rating of the job factors in dispute according to
the Core Point Rating Plan it is necessary to deal with the preliminary question as to
whether or not the position is appropriate for core point rating. The Job Evaluation
Manual makes it clear that core point rating is to be reserved for positions which are
"truly atypical" and which cannot be appropriately rated by using the Classification Guide
Charts.
In my opinion this position qualifies as an atypical position that is appropriate for
core point rating. Although it falls within the Support Services Officer Job Family in that
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it involves the performance of duties that are "functional/project oriented rather than task
oriented" and involves "facilitating and project managing", the context in which the
duties are performed suggests atypicality. The grievers do not work at the College. They
work at a downtown location close to their other Job Connect program delivery parmers
with whom they liaise in the delivery of the service. They appear to have little or no
connection with any students at the College. Rather, as the employer brief notes, they act
entirely as "brokers" involved in the delivery of an Ontario Government program to
various target groups in the community. Thus, it becomes difficult to characterize the
work as associated with the "developing and operating college academic/administrative
pregrammes...both within and outside the College" as the Guide Chart Summary of
Responsibilities suggests. The program with which the grievers are involved is in no
sense "academic" and involves no target groups "within" the College. Similarly, when
one examines the Typical Duties of a Support Services Officer C as set out in the
Classification Guide Charts it appears that the underlying assumption is that, while the
position involves working with groups outside the college, the support services that are
provided by incumbents in this position are referable in some respect to "college plans
and objectives" and the college projects and does not contemplate a position in which the
incumbents are involved exclusively and predominantly in the delivery of an Ontario
Government program to non-students off campus.
Thus, I conclude that it is appropriate to core point rate the position.
ii) The Factors in Dispute
There are 3 Job Factors in dispute: Complexity, Sensory Demand, and
Communications and Contacts.
At the hearing into the matter the grievers all testified as to different aspects of
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their duties. In general their evidence confirmed the reliability of the Position Description
Form as a useful point of reference for determining the appropriate rating of these factors.
I shall deal with each factor separately.
a) Complexity
The College has rated this factor at level 5, viz, "performance of complex and
relatively unusual tasks - involving specialized processes and/or methods." The union
seeks level 6, viz, "investigation and resolution of a variety of unusual conditions
involving adaptation and/or development of specialized processes and methods."
What differentiates level 5 from level 6 is the need to adapt and change the process and/or
method by which the work is done to suit various changing conditions.
An examination of the section of the PDF dealing with Complexity reveals in a
number of respects that the appropriate rating of this factor is at level 6, as the Union
seeks, item 1. speaks of"constantly shifting" program parameters, item 2 describes the
job structure as related to the incumbent case load as "ever changing", item 4 notes that
problem solving (a "significant portion of the position" as involving frequent
"negotiation" with the client and the JDPS delivery partner. All of these items suggest a
need on the part of the incumbent to be able to respond to constant change and to adapt
how they do their job to those changes. The variety of the tasks which confront them is
reflected in item 6 which speaks of target groups with "diverse" vocational needs; in item
7 which requires sufficient "flexibility" to ensure that client needs are identified and
addressed in development of an "individual" career action plan; in item 11 where
reference is made to conducting a needs analysis to design and deliver workshops to
groups of "diverse" ages, experiences, and backgrounds. The element of change and
adaptation to change is also addressed in items 10 requiring an ability to use and "adapt"
a variety of software based on literacy levels and item 13 which requires the incumbent to
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work with from line delivery partners to "develop" on going program improvements and
delivery processes - to meet "changing" needs of the client group.
In my view this section of the PDF makes it quite clear that the position goes
further than merely using "specialized" methods to deal with "complex and unusual"
tasks but, in a significant way, requires the incumbent faced with a change and diversity
to "adapt" the work methods and processes to meet the individual needs of the client
group.
Both in their briefs and at the hearing the parties made representations with respect
to the extent to which the incumbents are involved in a complex analysis of statistical
data. As I understand the position the involvement with statistics has to do with an
ongoing need to make sure that they are meeting their targets in order to ensure that, as a
team and in conjunction with their delivery parmers, they continue to qualify for Ministry
funds. Further, as I understand it, that involves essentially counting caseloads and
keeping a current record of those caseloads as they change. In view of my conclusion
that, for other reasons, the appropriate level for this factor is level 6, I need not address
the union's claim in respect of this issue. However, as the issue was addressed by both
parties at some length at the hearing, it may be helpful to say that, had it been necessary
for me to address it, I would have found some difficulty in the union's position. I fail to
see how this use of statistical data can be reasonably characterized as "complex" in
nature.
Thus, for the reasons set out, I would rate this factor at level 6.
b) Sensory Demand
The core point rating plan ratings for this factor reflect a combination between the
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level or degree of concentration and the frequency with which the incumbent in the
position must give careful attention to detail and accuracy. The College has rated this
factor at level 3 which permits a number of different combinations of these two elements,
viz, "moderate" sensory demand with "frequent" attention to detail, "considerable"
sensory demand with "occasional" careful attention to detail, or "extensive" sensory
demand with "periodic" careful attention to detail. The union has rated it at level 5 which
speaks of "extensive" sensory demand and "frequent" careful attention to detail.
Again, the provisions of the PDF are instructive with respect to this factor.
Section 7.2. states that the incumbents spend 75% of their time "concentrating and
mentally processing information". I find it difficult to see how that amount of time could
be seen as either "occasional" or "periodic". Rather, I find this to require a "frequent"
attention to detail.
The question then becomes one of whether or not the level of concentration is
"moderate", "considerable", or "extensive". The PDF states that "listening and
observing when interacting with clients/parmers requires a "very high level of
concentration". Clearly concentration at that level is more than merely "moderate" as the
College rating would suggest. The issue to be determined is whether a "very high" level
of concentration is "considerable" (which would place the rating at level 4) or "extensive"
(level 5). ! conclude that, for these purposes, the term "very high", is synonymous with
"extensive".
Accordingly, I would rate this factor at level 5.
c) Communications/contacts
The union seeks level 5, viz, contacts for the purpose of providing highly detailed
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or complex explanations or instructions with a need to secure understanding,
cooperation or agreement for purpose of conducting negotiation activities and with
extensive involvement with confidential and sensitive information where disclosure
implications could result in adverse publication and/or litigation procedures. The
College has rated this factor at level 4, viz, contacts for the purpose of providing basic
instructions or for resolution of complex problem situations where there may be a
need for sophisticated influential or persuasive techniques in order to address problem
of those with special needs and where there may be regular involvement with
confidential and sensitive information where disclosure implications are significant
In assessing the rating for this factor primary attention must be paid to those
contacts which are the most frequent, that is, the contacts which (according to the PDF)
are noted as being daily in nature rather than weekly, monthly, or infrequently.
According to the PDF there are daily contacts with both internally in the College
and externally with clients and front line delivery parmers. Having regard to the fact that
the primary focus of the position is on the provision of service to target groups in the
community in parmership with delivery parmers also in the community, it is clear that the
most important and significant of these daily contacts must be those of an external nature.
According to the PDF the daily contact with clients is for the purpose of assessing
"the employment and stability needs and abilities of the client while gathering pertinent,
sensitive and confidential information"; for the purpose of providing a "detailed and
individualized explanation of the program and soliciting client commitment to the
process; for the purpose of"negotiating behaviour change with the client" and for the
purpose of developing and revising specific action planning, vocational advising, program
delivery and problem solving. Daily contact with Delivery Parmers is for the purpose of
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"negotiating program delivery processes, marketing individual clients, client referrals,
case conferencing, monitoring, problem solving and conflict resolution for successful
outcomes securing agreement between JDPS as to the level of training provided to clients
by employers."
This PDF exhibits elements that could be comfortably located in both level 4 and
level 5. The need to solicit the client to "commit to the process" suggests a process of
persuasion - which is contemplated in level 4. Similarly, the frequent references
elsewhere in the PDF to the fact that clients are all individual with special needs that need
to be addressed separately finds a reference point in level 4 where problems of those with
"special needs" is specifically identified. However, it may also be said that the need to
"negotiate behaviour change with the client", fits equally comfortably in level 5 which
speaks of securing "co-operation or agreement for the purpose of conducting negotiation
activities". In this connection it may also be noted that included among the purposes of
contacts with delivery parmers is the need to "secure agreement" between JPDS as to
level of training - a phrase which is repeated in level 5 itself, viz, "secure understanding,
cooperation or agreement..."
Thus, with respect to these aspects of the position, either level 4 or 5 would be
appropriate. However, when I examine the other relevant element in the Communications
factor, viz, the degree to which the incumbent is involved in sensitive and confidential
information and the impact of disclosure of that information, I am led to the conclusion
that the appropriate rating is level 5.
The PDF states that "sensitive and confidential" information is gathered from
clients on a daily basis. In my view that qualifies as "extensive" involvement with such
information, i.e. level 5. As for the disclosure implications I note that in the section of the
PDF dealing with Responsibility for Decisions and Actions it is stated that % breach of
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confidentiality could result in liability and loss of credibility among client groups,
delivery and community partners." In my view that contemplates both "adverse
publicity" the possibility of"litigation" leading to the establishment of liability - both of
which are specifically referred to in the level 5 narrative for this factor.
Thus, on balance, I am persuaded that this factor should be rated at level 5.
3. Summary
Accordingly, for the reasons given, I rate the factors in dispute as follows:
Complexity Level 6 - 90 points
Sensory Demand Level 5 -50 points
Communications/Contacts Level 5 - 160 points
Thus, the grievance is allowed and the position should be rated as follows:
Level Points
1. Training/Technical Skills 6 110
2. Experience 4 45
3. Complexity 6 90
4. Judgement 6 102
5. Motor Skills C3 25
6. Physical Demand 2 16
7. Sensory Demand 5 50
8. Strain from Work Pressures 4 39
9. Independent Action 5 60
10. Communication/Contacts 5 160
11. Responsibility for Actions 4 62
12. Work Environment 2 32
Total Points 717 791
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Pay band 11 12
Dated at LONDON, Ont. this day of ,2001
Gregory J. Brandt, Sole Arbitrator