HomeMy WebLinkAboutDunn 02-12-27IN THE MATTER OF AN ARBITRATION
BETWEEN:
ALGONQUIN COLLEGE
("the employer")
and
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
("the union")
AND IN THE MATTER OF A CLASSIFICATION GRIEVANCE OF MICHAEL
DUNN (OPSEU #02D043)
ARBITRATOR: Ian Springate
APPEARANCES:
For the Employer: Janet Ross
Joyce Simmonds
Gordon Esnard
For the Union: Claude Lacelle
Craig Athrens
Michael Dunn
HEARING: In Ottawa on December 2, 2002
2
DECISION
INTRODUCTION
On January 22, 2002, the grievor filed a grievance in which he alleged that he was
improperly classified and his position description form ("PDF") did not reflect his
current duties. When he filed the grievance the grievor was classified as a Food Service
Worker A at payband 2. In his grievance he asked to be reclassified as a Food Service
Worker B at payband 4.
On June 4, 2002 Ms. Janet Ross, the employer's Manager of Employment Services,
sent a memorandum to Mr. Claude Lacelle, the union's Chief Steward, advising him that
the grievor's PDF had been amended in accordance with certain discussions between the
parties. Ms. Ross also noted that the employer had reclassified the grievor's position to
that of a Food Service Worker Atypical at payband 3 retroactive to the date of the
grievance. The union continued to contend that the grievor's proper classification level
was at payband 4.
The parties agree on the appropriate ratings for seven of the twelve job factors
under the applicable job evaluation system. They disagree on the ratings for the other
five factors, namely: complexity, judgement, motor skills, sensory demand and strain
from work pressures/demands/deadlines. Each of these factors is discussed separately
below.
The evidence indicates that the grievor is a diligent and conscientious employee.
He is always ready to assist customers and works well with student employees. The
applicable job evaluation system, however, is designed only to rate positions. It does
not take into account how well an individual is performing his or her duties.
THE GRIEVOR'S DUTIES AND RESPONSIBILITIES
The grievor works at the First Cup and Sub Factory, a food service outlet located
near the main entrance of the College's C Building. Mr. Gordon Esnard, Assistant
Manager of Food and Beverage Operations, testified that it is one of four kiosk areas
that along with the main cafeteria are operated by the Food Services Department. He
said that food is prepared at the main location and then shipped to the kiosks on the basis
of daily requisitions. The daily requisition for the grievor's work area is prepared by
Ms. A. Rizzi. In her final submissions the employer's spokesperson described Ms. Rizzi
as a lead hand.
3
Ms. Rizzi works from 6:45 a.m. to about 2:30 or 2:45 p.m. The grievor starts work
at 2:00 p.m. Once Ms. Rizzi has fmished work the grievor is the only full-time
employee at the location. He works with a student employee from 2:00 to 4:00 p.m. and
then with another student employee from 4:00 to 7:00 p.m. Each student works set
times one or two days per week. As a result the grievor works with a number of
different students.
During his shift the grievor primarily makes submarine sandwiches and serves
prepared foods. The food comes precut and prepackaged. The grievor testified that in
response to customer requests for assistance he makes suggestions about what could be
put on a sub, including which sauces would make it taste better. He said that because
some international students are unable to pronounce items, such as lettuce or green
peppers, they point to what they want. He also said that at times customers ask for
unavailable items, notably green olives, and he tells them that the' item is not available.
He indicated that when this occurs, or if he has run out of an item, he will suggest an
alternative choice.
While the grievor is making subs and serving prepared foods a student employee
operates a cash register. The grievor indicated that when a student emplOyee encounters
a problem he watches to see if they can handle it and, if not, he steps in to asSiSt. He
testified that many students do not have English as their first language and problems at
the cash are frequently caUSed by a student employee's inability to understand what a
customer is saying.
The grievor testified that he assists student employees if they encounter problems
with the cash register itself, such as something "jumping up" on the screen or them not
being able to locate an item on the register. He indicated that should a customer
complain that a student employee has not given the right amount of charge he would ask
that the change be recounted. He added that by doing this student employees learn how
to deal with these types of situations by themselves.
The grievor testified that customers at times complain they have been charged more
- than the listed price for an item. He said that if the student employee does not do so he
would explain that tax has been added to the listed price and/or that the cUstomer
ordered something additional such as extra cheese. The grievor added that student
employees should be able to explain these matters to customers but some of them will
call him over to talk to a customer.
Student employees use a different cash register then the grievor and are expected to
balance their own cash. The grievor testified that students are frequently over or under
on their cash and when this occurs "we" recount the cash and usually discover the error.
He said that if an error cannot be found he or the student will call Mr. Brent Brownlee, a
4
management person, who takes care of the matter either immediately or the following
day. The grievor noted that Ms. Rizzi is responsible for depositing the funds taken in by
student employees.
The grievor testified that he supervises operations and watches over student
employees. He said that when things are slow he assigns the student who is on the cash
register to start restocking for the next day and ensure that the cappuccino and hot
chocolate machines are clean. He indicated that he might also ask the student employee
to make coffee if it is rtmning low. The grievor said that students decide for themselves
when to take a break. Mr. Esnard testified that the student employees answer to the
grievor. He also said that in the absence of Ms. Rizzi the grievor is next in line.
At 7:00 p.m. food service comes to an end and the student employee who has been
on duty leaves. The grievor, who then works alone, puts away the cold cuts and
garnishes. Customers can still purchase coffee, muffins and some pre-prepared food
items. The grievor operates the cash register from 7:00 to 8:45 p.m. when sales cease.
The grievor testified that at about 8:00 p.m., when things are quiet, he restocks the
fridges so that they are ready for the following day.
After 8:45 p.m. the grievor balances his cash. He testified that his float is $200 and
if he is lucky he might take in $50 since he is on the cash at a slow time. He said that he
prepares a deposit form, puts the deposit in an envelope and walks to a security area
where he places the envelope into a vault. He also said that he closes up by cleaning the
coffee machine and carafes, moving items into a back room and ensuring that everything
is locked up.
The grievor testified that he generally resolves problems that arise but if a major
problem should occur he would call Mr. Brownlee and make an entry in a log for Mr.
Esnard to review. Mr. Esnard testified that if the grievor encounters a problem before
6:00 p.m. he will raise it with him and after 6:00 p.m. he will raise it with Mr. Brownlee.
He said that problems include customer complaints and maintenance issues. Mr. Esnard
added that when there is a customer complaint about cash handling he takes over the
customer.
Mr. Esnard testified that as part of his rounds he visits the work location twice a
week, at least once when the grievor is on duty, and also stops by at other times. He said
that if he should walk by the area and the grievor is not busy he will give him a list of
items to do before the end of the day.
5
TYPICAL JOB DUTIES OF A FOOD SERVICE WORKER A AND B
Guide charts contained in the job evaluation manual set of the typical
responsibilities and duties of a Food Service Worker A and B as follows:
A Summary of Resoonsibilitv
Incumbents are Food Service Attendants and perform routine
tasks associated with the preparation and serving of pre-cooked
food.
Tvvical Duties
Cleans, cuts and prepares fi'uit and vegetables for use in daily
menu.'
Prepares sandwiches.
Replenishes foodstuffs in dispensers.
Performs housekeeping duties as required.
Serves on food line and operates cash register as required.
B Summary of Resoonsibilit¥
Incumbents are Assistant Cooks and perform tasks associated
with the preparation and serving of secondary menu items in a
college cafeteria.
Typical Duties
Prepares secondary menu items as directed.
Assists Food Service Worker C in the preparation of main menu
items.
Maintains the serving area during meal times ensuring menu
items are available and hot as required.
6
Ensures work area is in an orderly and hygienic state at the end of
the day.
It is apparent from the grievor's evidence that he is a food service attendant as
opposed to an assistant cook. His main duties are included in the list of the typical
duties of a Food Service Worker A. The employer, however, now recognizes that the
grievor's responsibilities extend beyond those of a typical Food Service Worker A. It
rates his position as deserving of a higher rating for the factors of experience,
independent action and responsibility for decisions and actions.
COMPLEXITY
This job factor measures the amount and nature of analysis, problem solving and
reasoning required to perform job-related duties. The employer rated the grievor's
position at level 1 which is worth 9 points. The union contends that a level 2 rating
worth 25 points is more appropriate. The relevant factor level definitions and illustrative
classifications set out in the job evaluation manual provide as follows:
1 Job duties require the performance of specific routine tasks that are
straight-forward and repetitive in nature.
Caretaker A; Clerk Supply A; Food Service Worker A
2 Job duties require the performance of specific tasks involving related
steps, processes and or methods.
Clerk General B; Driver; Reproduction Equipment Operator A; Typist/Steno A, B, C
The agreed-on PDF contains the following examples designed to demonstrate the
complexity associated with the grievor's position:
Ensure proper change is on hand at all times.
Provide speedy, efficient service with courteousness and tactfulness.
Selling priorities to ensure continuity of service of cash as well as
seeing that beverages and other counter food stations are appropriately
filled.
Routinely checks work area upon arrival and informs the supervisor if
unusual situation arises.
7
In support of its argument in favour of a level 2 rating the union in its written brief
submitted that in addition to preparing food and handling cash the grievor "must ensure
that the cash register, food preparation areas, customers and food stocks are dealt with
on an as needed basis". For its part the employer contended that the grievor's role in
preparing subs, stocking cases and working on cash are all duties performed by a Food
Service Worker A.
The grievor's primary duties involve preparing submarine sandwiches, replenishing
foodstuffs in dispensers, performing housekeeping duties and operating a cash register.
These are all typical duties of a Food Service Worker A, a position typically rated at
level 1 for complexity. This leads me to conclude that level 1 is in fact the appropriate
rating.
JUDGEMENT
This factor measures the independent judgement and problem solving required on
the job. The employer rated this factor at level 1 worth 12 points. The union contends
that a level 2 rating worth 30 points is more appropriate. The factor level definitions and
illustrative classifications are as follows:
1 Job duties require little or no judgement. There is normally no need
for analysis in problem-solving.
Caretaker A; Clerk Supply A; Food Service Worker A
2 Job duties require some judgement or choice of action within limits.
Some analysis is involved in problem-solving.
Clerk General B; Clerk Supply B, C; Technician A
The PDF sets out the following situations and examples that reflect the level of
judgement required in the grievor's position:
Customer is unhappy with product.
Incorrect changes, disagreement.
Theft by individual.
Removing stock from floor.
Supervision of student worker.
Customer is unhappy with product because it is cold - returns
money.
If theft by customer - would approach customer - would approach
customer & advise to pay if problem not solved - refers to
manager.
The union in its brief contended that the grievor is required to exercise judgement
by anticipating customer demand and moving stock from storage to the service area.
The evidence, however, indicates that the grievor only restocks items towards the end of
his shift for the following morning. He is not required to anticipate fluctuating customer
demand.
In its brief the employer contended that there are specific routines and options
available to the grievor for determining how to resolve situations and many situations
are repetitive and can be resolved in a similar manner. During the hearing the grievor
agreed with these statements. He referred to the situation of him assisting a student
employee after a customer has raised an issue about the amount of change received and
them recounting the change. He also referred to a customer asking about the price
charged for an item and him explaining about the addition of taxes and/or charges for
extras. In my view, these types of situations require tact and a non-confrontational
approach but they would not normally require any analysis to resolve the problem.
During the hearing he grievor was asked about possible theft. He said that he has
not encountered theft other than for people coming and taking plastic forks and knifes
and when this occurred he advised them that the items cost five cents. He indicated that
at times people have obtained a coffee and immediately walked over to "an island" to
add cream and/or sugar and only on their way out did they pay for the coffee, sometimes
after he asked them to do so. Mr. Esnard testified that employees have been told that if a
customer is caught stealing they are not to get too involved in the situation but rather let
a manager handle it. In my view the grievor's potential involvement in theft cases does
not result in him normally having to engage in analysis as part of problem solving.
The union in its brief contended that the fact a manager is generally not present at
the work site justifies'a level 2 rating for judgement. Given the straightforward nature of
the work involved, however, [ do not agree. The absence of a supervisor does mean that
his work is not monitored on a regular basis and that any errors on the grievor's part
might not be detected by management. These considerations, however, are measured by
the factors of independent action and responsibility for decisions and actions.
9
The union in its brief relied on the grievor's tasks "relating to the supervision
and/or delegating of work to student (part-time) workers". The grievor's major
involvement with student employees is to deal with issues raised by customers if the
student operating the cash register fails to do so. Logically this requires the same degree
of judgement as if the grievor were on the cash. Operating a cash register, however, is a
typical duty of a Food Service Worker A rated at level 1 for judgement. The only
delegation of work by the grievor to student employees involves simple tasks such as
cleaning a cappuccino machine or making coffee. This would not normally require any
analysis of the situation on the part of the grievor.
Having regard to the above I conclude that the grievor's position is properly rated
at level 1 for judgement.
MOTOR SKILLS
This factor measures the fine motor, movements necessary to fulfill the
requirements of a position.
The parties agree that the grievor's position requires non-complex f'me motor
movement involving limited dexterity, coordination and precision. This results in a
level B rating for the type of fme motor movement involved. The parties disagree on the
prevalence of the need for this type of motor movement. The employer contends that it
is required 31% to 60% of the time, which results in a level B-3 rating worth 13 points.
The union, however, contends that it is required over 60% of the time and thus a level B-
4 rating worth 16 points is appropriate.
The PDF contains the following entries designed to illustrate the dexterity,
complexity, co-ordination and speed required of the grievor:
Must be able to handle a cash register, accuracy is required.
Must be able to move quickly and effectively cutting subs & preparing,
while displaying the ART of preparing a new and well presented sub.
Task/Ecluipment % of Time
Must be able to handle cash
register daily. 25%
Must be able to use a knife
effectively preparing food at
the service counter. 60%
10
In its written brief the union relied on the 25% and 60% figures set out in the PDF.
The grievor's evidence was that his work on the cash register involves finding and
pushing the key for a specific item on a keyboard and also scanning bottled drinks. He
said that unless a customer has a big order not much time is actually spent entering the
information for each order into the cash register.
The grievor testified that he uses a knife to cut bread and also to cut meat slices for
a six-inch sandwich. He indicated that on occasion he uses a large knife to cut a bagel
although bagels are mainly purchased in the morning when he is not on duty. The
grievor acknowledged that while there is an extended period of time each shift during
which he might be called upon to use a knife, the amount of time that he actually spends
using a knife is quite limited.
It appears that the grievor is at a cash register for 25% of his workday. Each time
he enters information into the register it generally takes a small amount of time. As
noted above, he is on the cash at a slow time of the day. During another 60% of his time
the grievor makes subs and when doing so he at times uses a knife. It appears that the
total time the grievor actually spends operating the cash register and using a knife is
significantly less than 60% of his workday. Accordingly, I fred a level 3 rating to be
appropriate.
SENSORY DEMAND
This factor measures demand on mental energy while performing tasks. It
considers the level or degree of concentration involved as well as the frequency of the
requirement for careful attention to detail and accuracy. The employer rated this factor
at level 2 which is worth 16 points. The union contends that it should be rated at level 3
worth 28 points. The criteria for these two ratings and the illustrative classifications are
as follows:
2 Job duties require moderate visual, auditory, or sensory demand on
mental energy and occasional careful attention to detail and accuracy.
'OR
Job duties require considerable visual, auditory, or sensory demand on
mental energy and periodic careful attention to detail and accuracy.
Clerk General A, B; Food Service Worker A, B, C; Stationary Engineer A, B, C
3 Job duties require moderate visual, auditory, or sensory demand on
mental energy and frequent careful attention to detail and accuracy.
OR
11
Job duties require considerable visual, auditory, or sensory demand on
mental energy and occasional careful attention to detail and accuracy.
OR
Job duties require extensive visual, auditory, or sensory demand on
mental energy and periodic careful attention to detail and accuracy.
Clerk General C; ECE Worker; Nurse; Secretary A, B, C; Skilled Trades Worker;
SSO A, B, C, D; Technologist A, B, C
The PDF contains the following entries with respect to sensory demand:
Taking cash requires significant concentration and close attention to
detail - the degree of concentration depends somewhat on how busy it is
and the size of the customer's order.
Tabulating daily deposit and float.
Aware of customer demeanour, especially in an area where alcohol is
consumed.
Task % of Time
Concentration to detail when operating cash 25%
Concentration to detail when doing float 7%
Awareness of customer's demeanour 100 %
The grievor testified that he has to be careful to ensure that. he hits the right key on
the cash register so that the customer is not over or under charged. He also counts out
the correct change to give to customers. As noted above, the amount the grievor takes in
is generally less than $50. He said that no alcohol is consumed in his area.
In its brief the union contended that the grievor needs to be constantly aware of
customers and student workers who are dealing with customers and this involves
extensive sensory demand. The employer in its brief noted that all classifications of
Food Service Worker are guide charted at level 2 for this factor.
It appears that the grievor must generally be aware of what is going on in his
vicinity, including watching for possible customer misbehaviour. Unless something out
of the ordinary occurs, however, this generally would not require .much in the way of
actual demand on mental energy. Operating the cash register and counting change do
require careful attention to accuracy. The grievor, however, is only on the cash from
12
7:00 to 8:45 p.m., a slow time of the day, and he generally takes in less than $50. He
also counts the $200 float and the amount to be deposited at the end of the shift. The
actual amount of time required to perform these tasks in the context of his entire shift is
better described as involving occasional as opposed to frequent careful attention to detail
and accuracy. Given these considerations I conclude that the grievor's job duties require
moderate visual demand on mental energy and occasional careful attention to detail and
accuracy. Accordingly I confirm the level 2 rating given by the employer.
STRAIN FROM WORK PRESSURES/DEMANDS/DEADLINES
This factor measures the strain associated with deadlines, interruptions,
distractions, workloads, multiple and conflicting demands as well as dealing with people
in difficult situations. The employer rated this factor at level 1 worth 5 points while the
union contends that a level 2 rating worth 16 points is more appropriate. The criteria for
these two ratings and the illustrative classifications are as follows:
1 Job duties involve limited work pressures. Pressing deadlines are rare
and the work pace is consistent and predictable. Interruptions and
workflow fluctuations are infrequent.
Caretaker A; Clerk Supply A; Food Service Worker A
2 Job duties involve some work pressures. Interruptions and pressing
deadlines tend to be predictable. Tight, changing deadlines and
conflicting demands occur occasionally.
Clerk General A, B; Library Technician A, B; Technologist A
The PDF contains the following entries with respect to this factor. In light of the
grievor's evidence referred to below I infer that. the entry about meeting deadlines 60%
of the time refers primarily to meeting on-going customer demands for fi'eshly made
submarine sandwiches.
The incumbent is required to open or close facilities on time and provide
efficient service to the customer and at the same time receive orders of
supplies.
Customers are unhappy with prices and incumbent takes verbal abuse.
Dealing with customers who may be loud or disruptive.
13
Task % of Time Predictability
Meeting deadlines 60% Tends to be Predictable
Unanticipated problems. 15% Not Predictable
Work Load 60% Predictable.
When giving his evidence the grievor indicated that from his perspective the only
deadline he faces is at the end of his shif~ when he needs to ensure that everything is
stocked and ready for the following day. He also said that "we" get a lot of customers
complaining about the difference between a price on the menu and what they have
actually been charged, such as a small $0.93 coffee which with tax costs $1.05. He
added that these types of matters are generally resolved. He said that he does not
encounter many loud or disruptive customers but when he does he calms them down,
asks them what the problem is and tries to work it out.
The grievor agreed with a statement in the employer's brief that his work pace is
consistent and predictable with normal heavy and light periods during the shift. In his
evidence he referred to situations when he Comes under pressure because a student
employee is late for work or fails to show up at all. At such times he must both make
subs and run the cash. If the student scheduled to start at 4:00 p.m. fails to show up the
grievor must balance and deposit the student cash as well as his own. He said that
delays that occur because he is making subs and doing the cash can result in customers
being upset, especially if they are in a hurry. He testified that a student employee might
not show up for work once or twice a month.
Except for ensuring that things are ready for the next day the grievor generally does
not face pressing deadlines. His work pace fluctuates up and down but in a predictable
manner. At times he helps a student employee on the cash but these interruptions appear
to be relatively infrequent. These considerations fit the criteria for a level 1 rating. The
grievor must at times cope with extra work when a student employee is not present prior
to 7:00 p.m. This may give rise to occasional conflicting demands as the grievor moves
between making subs and operating the cash register. This, however, is not
accompanied by tight changing deadlines and accordingly level 1 appears to be the
appropriate rating.
14
CONCLUSION
In his grievance the grievor alleged that he was improperly classified and his PDF
did not reflect his current duties. The employer subsequently recognized the validity of
both claims. It entered into an agreement with the union respecting amendments to the
PDF and raised the grievor's classification from Food Service Worker A at payband 2 to
Food Service Worker Atypical at payband 3. To that extent the grievance has been
successful. As indicated above, however, I am of the view that the grievor's position is
now properly classified. Accordingly, I confirm his current placement at payband 3.
Dated this 27th day of December 2002.
APPtNIJIA ~
ARBITRATION DATA SHEET - SUPPORT STAFF CLASSIFICATION
Family and Pay~a~d Requested by Grievor: ~0~ ~
Posi~ion Descri~t~oo Form A~acheO
~he ~am~es agree on =he contents of the a~ached Position Description Form
OR
Thed~sagreemen~Un~on d[sagreeSare as withfojlows:the con~ents ~f =he a~ached Posit~on Description Form. The specific
{use reverse sicte if necessary)
I ' AWARD
FACTO RS
AR~rFRATOR
Level P~flt~ Lev~ P~n~ Lev~ P~nts
1. Trainlng~echnical Skills
8. S,rain from Work Pressures/Demands/Deadlines
11. Resoonsibilizy for Decisions/Actions
I PAYBAND~OTAL POINTS
A~ACHED WRI~EN SUBMISSIONS: ~The Union ~ The ColJege
FOR THE UNION . FOR MANAGEMENT
FOR A~TRATOR's