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HomeMy WebLinkAboutManoll 02-03-30IN THE MATTER OF AN ARBITRATION BETWEEN: ST. LAWRENCE COLLEGE ("the employer") and ONTARIO PUBLIC SERVICE EMPLOYEES UNION ("the union") AND IN THE MATTER OF A CLASSIFICATION GRIEVANCE OF MS. SARA MANOLL (OPSEU #O1B234) ARBITRATOR: lan Springate APPEARANCES For the Employer: Verna Morrow, HR Consultant Rick Dunn, Registrar and Director of Student Services For the Union: Julie Lott, Chief Steward, Local 418 Sara Manoll, Grievor HEARING: In Brockville on February 22, 2002 DECISION INTRODUCTION On August 16, 2000 the grievor filed a grievance in which she contended that she was improperly classified as a Library Technician B. This classification is paid at the payband 9 level. In her grievance the grievor asked to be reclassified to a Library Technician Atypical at payband 11. In these proceedings the union argued that she should be paid at the payband 10 level. The parties disagree on the ratings for three of the twelve job factors under the relevant job classification system, namely: experience, motor skills and work environment. Each of these factors is discussed separately below. On an arbitration data sheet signed by the parties the union took issue with the contents of a position description form ("PDF") prepared by the employer to the extent that the contents related to the three factors in dispute. THE GRIEVOR'S POSITION The grievor is the only library technician employed at the College's Brockville campus. When the grievance was filed her supervisor was Ms. Betty Boone, the then Director of Student Services. Her current supervisor is Mr. Rick Dunn, College Registrar and Director of Student Services. Mr. Dunn attended and gave evidence at the hearing. He indicated that in addition to being College Registrar he is responsible for libraries, counseling and athletics at the College's three campuses located in Kingston, Cornwall and Brockville. Mr. Dunn's office is located in Kingston. Mr. Dunn testified that on average he is at the Brockville campus once every two weeks, although recently it has been at least once a week. He said that when he visits the Brockville campus he does not always see the grievor. Mr. Dunn noted that about 55 employees work for him. Mr. Dunn testified that the College has about 3,200 full-time students in Kingston, 700 in Cornwall and 350 in Brockville. He said that one library technician (the grievor) is based in Brockville, one is based in Cornwall and four library technicians as well as a clerk are employed at Kingston. He said that a professional librarian, who he described as a tri-campus librarian, is also based in Kingston. Mr. Dunn indicated that in May 2001 he set a standard whereby the librarian was to visit the Brockville campus for a day every two weeks, inclusive of travel time. The grievor's evidence was that over the past three years the librarian has visited the Brockville campus a total of 21 times, generally for three to four hours at a time. The PDF prepared by the employer indicates that for approximately 55% of the time the grievor assists patrons with information retrieval needs; 25% of her time is spent coordinating the acquisition, processing and maintenance of information commons/library resources; and 15% of her time is related to the circulation of library/information commons materials. The grievor testified that one of her main tasks is to help students find the information they require. She said that the bulk of this information is found online. She noted in this regard that the Brockville campus has the smallest of the College's library collections. The grievor said that she must decide where to look for online information and this involves a consideration of a student's level and the end use of the information so that she can determine the depth of information required and whether she must access pay-per-use databases. The grievor testified that since 1998 she has been solely responsible for library acquisitions at the Brockville campus. She said that she reviews course objectives, determines where ;~the holes" are in the library collection, looks at what is available online and then decides what to purchase. She added that she is able to authorize a purchase of up to $400 without obtaining an approval. The grievor indicated that she does the cataloguing and subject indexing for new acquisitions. The grievor's evidence indicated that her duties have become more and more computer oriented as information is increasingly accessed online rather than through books and magazines. She said that this is reflected in the use of the term ;~information commons" to describe her work area. The increased use of computers is also reflected in some of the duties and responsibilities listed in the PDF, including: instruction and assistance in the use of computerized databases, both local and remote, e.g. Internet, Dialog, EB SCO Host, CD-ROM, etc. accesses and searches databases in order to compile relevant curriculum-based bibliographies for staff and students upon request. Responsible for the day-to-day functioning, problem- solving, and maintenance of Library/Information Commons hardware and software. The grievor testified that in 1998 the library collection at the Brockville campus was downsized and a substantial number of volumes sold off. She indicated that this related to the transition from a traditional library to an information commons. The grievor testified that because she instructs others in their use, she must be at the "expert level" with respect to the use of numerous software packages. THE FACTOR OF EXPERIENCE The job evaluation manual indicates that the factor of experience is designed to measure the amount of practical experience in any related work necessary to fulfill the requirements of a position. The employer rated this factor at level 3, which is worth 32 points under the job evaluation plan. The union claims that the correct rating is level 4, which is worth 45 points. The relevant factor level definitions as well as illustrative classifications contained in the job evaluation manual read as follows: 3. More than one year and up to three years of practical experience. Caretaker B; Clerk General C; Library Technician B; Support Services Officer A, B 4. More than three years and up to five years of practical experience. Clerk General D; Secretary B, C; Technician C; Technologist B The PDF language proposed by the employer listed the required experience level in the alternative, depending of whether or not an incumbent has a library diploma or degree. The proposed wording was as follows: Two years experience in the reference division of a computerized library. Five years relevant experience in lieu of a post secondary Library Sciences/Techniques diploma/degree. In 1972 the grievor completed three years of a four-year undergraduate library science degree in Pennsylvania. That same year the Ontario Library Association recognized her education as being equivalent to a library science diploma from an Ontario College. There is no Ontario equivalency to an undergraduate library science degree. The parties agreed on a level 5 rating for the factor of training/technical skills for the grievor's position. This rating is appropriate for a job that requires skills normally acquired through a two-year community college diploma or equivalent. It is apparent from the job classification system that the factor of experience is meant to reflect the minimum amount of practical experience necessary to fulfill the requirements of a position. It is not meant to reflect the ideal or optimal amount of experience a person in the position might possess. It is also not to be confused with the actual experience of a particular incumbent. The experience of an incumbent would be relevant if the evidence indicated that this level of experience reflected the minimum amount of experience required to fulfill the duties of the position or was the minimal level demanded by the employer. The grievor joined the employer in 1984. At the time she had 14 years of library experience, part of which was in a university library. Mr. Dunn's evidence, however, indicated that this level of experience is not something the employer has insisted on. He testified that he recently hired a graduate of a two-year library technician program at Seneca College who had one year's experience working in a high school. He indicated that this person has been working at the Kingston campus without any difficulties. He said that she spends some of her time working on the reference desk. The grievor testified that a library technician at the Brockville campus requires more than three years' experience. She said that in order to maintain a useful library collection she must be very familiar with the needs of staff and students and someone fresh out of library school could not meet this requirement. She added that should the collection at the Brockville campus fail to meet the educational needs of students then the students would suffer. The grievor testified that when addressing the information needs of a client she conducts an interview of the individual to find out what he or she really wants, what the material is to be used for and how much she should give them. She said that she is successful in this process because of her education and experience. She contended that someone with less than three years experience could not carry out the process quickly enough or accurately enough and would have to consult with others. The grievor testified that because there is an on-site librarian in Kingston, the library technicians at that location do not make book selections for purchase or develop a magazine collection. She also said that at the Kingston campus there is on going consultation between the library technicians. She added that when she has called Kingston with a reference question the staff at her level have never been able to assist her and the matter has always been passed on to the librarian. The grievor submitted that library technicians and librarians usually have special areas of expertise whereas she needs to know about all of the programs offered at Brockville. She said that she must understand the core concepts of nursing, emigration law, police foundations, etc. so that she can decide where to go for information. She added that if a person in Police Foundations is looking for a specific Act she must know if it is a federal or a provincial statute, and that is not something taught in library school but rather comes from experience. She said that if a nursing student should ask her about a particular repetitive strain injury she could direct the student to the right part of the library. She also testified that if someone wants to know how many VCRs were sold in Flin Flon she knows how to access the relevant Statistics Canada data, which is not easy to do and not taught in a reference course for library students. The grievor testified that based on his or her schooling a library technician would know how to search web sites, but it takes experience to ascertain which web sites have authority and which are actually relevant to a student's academic needs. She said that when she took a six-month leave of absence the individual who replaced her as well as other staff sent her e- mails asking for her help. She said that the person who replaced her was actually a professional librarian with three years experience. The grievor said that the type of questions she was asked included what to do when a computer locks up on a particular database, what was the web site with her bookmarks, and what type of search strategy should be followed. The grievor testified that due to her experience she was able to search for funding and then apply for and receive substantial funds from the Federal Government's Community Access Program. She noted that only the Brockville campus has received this funding. The grievor testified that her experience has allowed her to conduct needs assessments, including conducting surveys, gathering information, communicating the results and making recommendations for change. When giving his evidence Mr. Dunn contended that because of the diversity of programs offered in Kingston, the library technicians at that campus are also required to get into a variety of searches and a variety of databases when responding to reference requests. The grievor's extensive experience clearly enables her to perform her duties at a very high level. A trained library technician with less than three years practical experience would logically not be as helpful to students and staff who are seeking reference assistance. As a result clients might not access the best resource material possible. A library technician with less than three years experience would also logically not do as good a job when conducting a needs assessment or acquiring library materials to meet the needs of staff and students. In addition, such an individual would not likely be able to acquire special government funding for the library. I have no difficulty in concluding that a library technician with less than three years experience could not function at anywhere close to the same level as the grievor. The issue in this case, however, is not whether a less experienced library technician could perform the job as well as the grievor. Rather, it is whether a trained library technician with less than three years relevant experience could perform the minimum requirements of the j ob as set by the employer. The evidence establishes that such an individual would not do the job as well as the grievor. It does not, however, establish that such an individual could not do the job at all. Given these considerations I conclude that the level 3 rating for experience assigned by the employer was not inappropriate. MOTOR SKILLS This factor measures the fine motor movements necessary to fulfill the requirements of a position. There are two aspects to this rating. One is prevalence. That parties agree that the grievor's position is appropriately rated at level 2 for prevalence, meaning that fine motor movements are required for 10% to 30% of the time. The second aspect of the rating concerns the type of motor skills involved. The employer argues for a level C-2 rating worth 22 points while the union argues for a level D-2 rating worth 34 points. The criteria for level C and D ratings are as follows: C Complex fine motor movement, involving considerable dexterity, coordination and precision is required. Speed is a secondary consideration. D Complex fine motor movement, involving significant dexterity, coordination and precision, is required. Speed is a major consideration. The job classification manual gives as illustrative classifications for a level C-2 rating a Clerk General D and Support Services Officer B. The illustrative classifications for a D-2 rating are Secretary C and Typist/Stenographer A. The employer proposed the following PDF entry for this factor: Computer-based information sources require a high degree of manual dexterity and require regular keyboarding and computer mouse use. When troubleshooting the library equipment problems, care must be taken to protect delicate internal components while avoiding potential personal injury (cuts & burns) Speed is an important consideration when searching "pay-as- you-search" databases or when meeting clients' time restrictions. Task/Equipment % of Time Computer based information sourcing (keyboarding) 10-25 % Troubleshooting library equipment 5% Pay-as-you-search databases 5% Meeting clients' time restrictions 25% As noted above, the union did not accept the employer's PDF language respecting the three factors in dispute. During the hearing, however, the griever agreed that 5% of her time is spent on pay-as-you- search databases and 25% is spent meeting clients' time restrictions. The griever described pay-as-you-search databases as ones where the employer is charged an annual fee as well as a fee per minute while connected. The griever indicated that the entry about meeting clients' time restrictions relates to students who are on a break from class and want material immediately, with the result that she must be fast when keyboarding. She said that if she takes too long a student's 15-minute break might be over and she would have to arrange for someone else to take the material to the student. The griever also commented that if she cannot meet 10 students' time constraints then as far as they are concerned the information does not exist in the library. Mr. Dunn responded to this comment by saying that a student could come back later for the requested information. The griever described her job as being computer based and said that she probably spends six and a half hours a day on the computer. She indicated that after a staffing change in 1998 reduced the number of library staff at the Breckville campus from three to one she suffered from carpal tunnel syndrome. She said that her claim for compensation benefits was approved by the Workplace Safety and Insurance Board. The griever contended that with the computer-based changes to her job the motor skills and speed required for her position exceed those of a Secretary C or a Typist- Stenographer. When giving his evidence Mr. Dunn said that the library is a service operation and one wants to provide service as quickly as possible. The spekespersen for the employer subsequently asked Mr. Dunn if a library technician is required to type 50-60 words per minute. He replied that this would not be his first thought. He then agreed with the suggestion that when doing searches it is more important that the griever be accurate than that she type 50-60 words per minute. In response to these comments the griever contended that she could not get all her work done if she keyboarded at less than 60 words per minute. In its proposed language for the experience portion of the PDF the employer listed a number of skills and abilities required for the position, one of which read as follows: Advanced computer literacy including: keyboarding (speed & accuracy required for especially for pay-as-you-search databases). As noted above, the language proposed by the employer for the motor skills section of the PDF included the statement, %peed is an important consideration when searching pay-as-you-search databases or when meeting clients' time restrictions." 11 In a written brief filed prior to the hearing the employer referred to a need for speed on the part of the griever but also contended as follows that accuracy is more important than speed: Further, the College recognizes that a portion of this position involves keyboarding and performing database searches and that speed is important in meeting client time restrictions; however, what is more important in carrying out the responsibilities of this position is the accuracy in the performance of fine (delicate, intricate or precise) motor movements. It is apparent from the grievor's evidence and the employer's own statements that speed when keyboarding has become an important aspect of the griever's position. A level D rating is appropriate when speed and precision are both major considerations, not when speed becomes more important than accuracy. Indeed, it seems highly unlikely that there would be any position at the College where accuracy in keyboarding could be sacrificed for speed. It is apparent that not all of the grievor's time in front of a computer involves actual keyboarding. As noted above, however, the parties have agreed to a prevalence level of 2, meaning that the required level fine motor movement occurs for 10% to 30% of the time. I am satisfied that for this period of time speed is a major consideration, as is accuracy. Accordingly, I find a level D-2 rating to be appropriate. WORK ENVIRONMENT The job evaluation manual states that, "This factor measures working conditions in terms of the physical environment while doing the work." The employer rated this factor at level 1 worth 10 points. The union argues for a level 2 rating worth 32 points. The definitions and illustrative classifications for these levels are as follows: 12 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 requirement for occasional travel (10% - 30%) Support Services Officer C; Switchboard Operator; Technician A, B, C; Technologist A, B, C The union advanced a number of arguments in support of its claim for a level 2 rating. One the griever addressed at some length related to verbally and physically abusive students, including one who in 1994 threatened to kill her and another who in 1998 spun her chair and pushed it against a wall. This type of behavior cannot be ignored nor its impact underestimated. It is an issue that the parties might want to consider in the context of any review of the job evaluation system. As noted above, however, the job evaluation manual states that the factor of work environment is meant to measure working conditions in terms of the physical environment. I do not believe that it would be appropriate for me to try to address issues relating to student behavior in the context of a factor meant to address only the physical environment. The union in its submissions relied on the fact that the griever does some traveling to the Kingston campus for training seminars. The griever agreed with the employer's estimate that she spends about 4% of her total work time traveling, although she did add that this changes from year to year. In its written brief the union noted that the criteria for a level 1 rating does not refer to any travel whereas level 2 refers to occasional travel. The criteria for level 2 does, in fact, refer to occasional travel. It also defines what is meant by this term, namely travel for 10% to 30% of the time. It is apparent that this wording is not meant to capture infrequent travel of the type engaged in by the griever. 13 The union in its brief referred to the fact that the griever uses a ladder and step stool to put books away and spends a great amount of time standing. In her evidence the griever also referred to crawling under a computer desk to ensure that things are plugged in. These are all matters that are clearly meant to be addressed by the factor of physical effort, not work environment. The union brief also relied on the fact that dust gathers in the library. The griever testified that the facility is cleaned once a week and dust gathers on books and magazines. It is difficult to ascertain from the level definitions whether dust gathering on library materials between weekly cleanings is to be viewed as a disagreeable or hazardous element. Working with library materials is, however, an essential element of a typical library technician's job. The guide charts for both Library Technician A and Library Technician B indicate that a level 1 rating is typically appropriate for this factor. This suggests that under normal conditions dust in a library is not viewed as a disagreeable or hazardous element. In its proposed PDF language respecting the factor of work environment the employer made the statement that, "Job duties are carried out with occasional exposure to slightly disagreeable and/or hazardous elements (5 hrs./week). The griever testified that this statement related to her maintaining and putting her hands into "the guts" of a photocopier, fax, printers, and microfiche reader as well as her performing tasks such as pulling out paper jams. In its written brief the union submitted that 5 hours per week equates to 14.3% of the griever's time and "using that percentage of the job, puts the level as moderate or Level 2 according to the Work Environment Factor." The amount of time the grievor spends working on equipment logically relates to whether her exposure to disagreeable and/or hazardous elements is occasional or recurring. The terms "occasional", "recurring" and "continuous" are not defined in the context of the factor of work environment. They are, however, defined for the factor of physical demand. Occasional is defined as "part" of a day, recurring as "most" of the day and continuous as "all the time". On the premise that words should be given the same meaning wherever used in the job evaluation manual, I conclude that 14.3% of the time equates with occasional and not recurring or continuous exposure. Further, having regard to the fact that the illustrative classifications for a level 1 rating include classifications that are typically 14 involved in operating office equipment, I conclude that the exposure is appropriately rated as slightly disagreeable. Having regard to the above considerations, I confirm the level 1 rating assigned by the employer. CONCLUSION The employer's rating of the grievor's position resulted in it receiving 606 points. A D-2 rating for the factor of motor skills raises this by 12 points to a total of 618. This is still within the payband 9 range of 571 to 630 points. Accordingly I confirm that the grievor is properly being paid at the payband 9 level. Dated this 30th day of March 2002. Arbitrator