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HomeMy WebLinkAboutCiolfi 02-07-31IN THE MATTER OF AN ARBITRATION BETWEEN: SHERIDAN COLLEGE ("the employer") and ONTARIO PUBLIC SERVICE EMPLOYEES UNION ("the union") AND IN THE MATTER OF CLASSIFICATION GRIEVANCES OF MS. BRENDA CIOLFI (OPSEU #02C045) AND MS. CHARLENE KAWAZOYE (OPSEU #02C046) ARBITRATOR: Ian Springate APPEARANCES For the Employer: Jennifer Faulkner, Human Resources Charlene Craddock, Assistant to the Dean Cathy Viviano For the Union: Jay Jackson, President, Local 245 Brenda Ciolfi, Grievor Charlene Kawazoye, Grievor HEARING: In Oakville on June 3, 2002. 2 AWARD INTRODUCTION On March 14, 2000 the grievors, Ms. Brenda Ciolfi and Ms. Charlene Kawazoye, were advised that the College's Support Staff Classification Review Committee had raised their positions from Secretary B at payband 7 to Support Services Officer ("SSO") A at payband 8. The grievors asserted that their positions were still not properly classified. On November 8, 2000 each of them filed a grievance in which she requested that her position be classified as a SSO C at payband 11. The applicable job evaluation system addresses 12 different job factors. The parties agreed on the appropriate rating for three of these factors. The other nine job factors are discussed separately below. THE PDF The parties agreed that the position description form ("PDF") to be used in these proceedings is one dated March 15, 2000. The union, however, took issue with certain portions of the PDF that discussed the job factors in dispute. The union did not object to the PDF's description of the grievors' duties and responsibilities. I note that certain of the duties set out in the PDF are fairly self-explanatory, such as: "organizes and prepares required documentation and instruction for computer system access, voice mail and e-mail for new faculty and staff." Other duties, however, are worded very generally, including the following: Support the Dean, Assistant to the Dean, Associate Dean, Admin. Assistant and Co-ordinators to develop, facilitate and implement planning processes and operational requirements associated with program delivery, curriculum development and program development. Integrate unique program requirements associated with the logistics and implementation of processes supporting program planning, development and delivery integrating a high level of familiarity with the subtleties specific to program area. THE GRIEVORS' DUTIES AND RESPONSIBILITIES The grievors work in the College's School of Business. They are part of an administrative support unit under the supervision of Assistant to the Dean Ms. Charlene Craddock. The School offers 28 programs and has about 3,400 students. There are 84 full-time faculty, 125 part-time faculty, three persons in administrative positions and three full-time support staff. The first of the grievors' duties set out in the PDF reads as follows: "Front line contact for student advising, inquiries about program content and curriculum. The incumbent must have an understanding of the program criteria and content in order to respond effectively to the high volume of inquiries from potential students, the large number of registered students and the large full-time and part-time faculty complement." The evidence given by the grievors indicates that students regularly come to a counter near their workstations with various types of enquiries. At the start of a semester students frequently ask how to find a class. The grievors explained the steps they will take should a student not know the classroom they are looking for or the name of the faculty member teaching the course and also not have their student identification number. They indicated that they will access an SIS system using the student's name to locate the student's record; ascertain the applicable course number; search a database to get the name of the person teaching the course; look up the teacher's time schedule to determine the room number and time of the class; and then tell the student how to locate the classroom. Individuals will at times ask one of the grievors how to obtain a set of course outlines for a program. At one time the grievors handed out copies of outlines but now they explain the procedure for obtaining a hard copy or a copy off the web. At times students will ask the grievors what courses they require to graduate. The grievors provide the answer by running a grade report off the SIS system showing the courses that the student has already taken and comparing this with a program map that outlines the courses required to graduate from the relevant program. A grievor will then look through the continuing education calendar and/or current course offerings and advise the student when and where they can take the required courses. When giving her evidence Ms. Ciolfi was asked for an example of a complex inquiry. 4 She referred to a student asking what courses they required in order to graduate and her using a grade printout and program map to provide the answer. The grievors indicated that a student might at times ask them for a faculty member's phone number, or a faculty member may want a student's phone number. Due to freedom of information requirements they respond to such requests by contacting the other individual and asking them to contact the person making the request or for permission to give out their phone number. At times students ask for an appointment with a program coordinator. One of the grievors will advise the student of the times when the coordinator can be available for an appointment and the student will generally make an appointment on a sheet available for that purpose. A student may ask for a more immediate appointment claiming that they want to discuss an urgent matter with a coordinator. Should this occur a grievor will seek to ascertain if the matter is in fact urgent. The grievors' evidence suggested that this type of situation most frequently occurs at the start of a semester as well as after mid-term and final exams. Students approach the grievors when they want to appeal a grade. They put these students in touch with the appropriate individual. When performing this task the grievors may have to calm the student. The grievors make computer entries to allow faculty members to use a swipe card to utilize a photocopy machine and access a parking lot. They also contact the computer help desk by e-mail to request computer accounts for new part-time faculty and later follow up with a form that requires Ms. Craddock' s signature. When faculty members call in absent one of the grievors records the relevant information on an extension that students can call. Ms. Ciolfi maintains lists of full and part time faculty, including their campus, telephone extension and e-mail address. The grievors use these e- mail addresses when forwarding messages from the administration to faculty members and to advise facuky of upcoming events. The grievors receive voice mail and email requests to book meeting rooms, which they do. Some programs have seminars and conferences for which the grievors book meeting rooms and meals. The grievors' evidence indicated that at the time they filed their grievances they were involved with a couple of business simulation games. On Wednesday afternoons three or four groups of students would provide them with disks to run through a computer. The computer would in turn generate results that the students received back the following day. In response to questions from the spokesperson for the employer, the grievors indicated that they did not interpret the results of the business games but did look at the resuks to ensure that the data had been captured. The grievors gave evidence about information sessions that were conducted in connection with a tourism course. They kept track of persons calling in to say they would be in attendance and notified the coordinator when a session was full. Applicants for the program would generally write an admission test at one of the information sessions but for those who lived some distance from the College the grievors would mail out tests and check with an individual, such as a guidance counselor or school teacher, who had agreed to invigilate the test. If a local applicant was unable to take a test at an information session one of the grievors would act as an invigilator at the College. The grievors would also invigilate classroom tests when faculty members were unable to be present. The grievors input requisitions into a financial information system. They can approve requisitions for up to $1,000. They have corporate VISA cards good for up to $700 per transaction and when so requested use the cards to order goods by phone or pick them up at a store. The requests come from administrative officials and faculty. Significant requests from faculty for material other than supplies and bookstore items are checked with Ms. Craddock. Some programs have field trips for students. When these occur one of the grievors will book a bus for the trip and collect money from the participants to pay for it. The grievors also collect cash from students to pay for a text from the Canadian Institute for Financial Planning and forward the money to the Institute by courier. The grievors gave evidence with respect to instructor surveys they administer to students in class. They indicated that they are provided with "a basic blurb" to use when explaining how to complete the survey and also when assuring students that survey answers are confidential. During the survey process a student may make negative comments about an instructor to a grievor. The grievor will then advise the student that if they want they can raise the matter through the academic complaint process. The grievors receive changes to course outlines and ensure they are properly entered into a database. The grievors archive the signed originals of course outlines for two years and then send them to a records department while recording this on a tracking sheet. The grievors also archive copies of final exams and grade sheets for part-time faculty. Students at the Business School are provided with sheets on which they can select electives. The grievors are involved in sorting the sheets, tallying the results and recording the results on spreadsheets. The results are used by the administration to decide which courses will be offered and the appropriate number of sections. The PDF describes this and related functions as follows: Co-ordinates registration activities associated with start-up of classes including timetables, program selection sheets and electives, and ensures all follow-up processes are accomplished as per required timelines. (eg. collects, tallies and prepares from selection and elective sheets information for the Registrar's Office to register students into appropriate classes. Verifies class rosters and grade sheets as required.) Ms. Kawazoye gave evidence about resource information forms ("RIFs") used in the scheduling process. She indicated that she obtains the initial information about classes fi.om the SIS system and then sends out class reports to coordinators and associate deans who indicate what instructors they want teaching the courses, any special room requirements and any time constraints. Ms. Kawazoye keys in this information while checking for conflicts and anomalies and then runs off a new report that is again viewed by the coordinators and associate deans. Ms. Kawazoye indicated that she later receives additional changes verbally, by e-mail or by regular mail. The RIFs are then sent to scheduling which prepares schedules based on the information contained on the forms. Ms. Kawazoye testified that at the time the grievances were filed she would take the KIFs to scheduling and sit with the scheduler to explain the complex information on the forms. Ms. Ciolfi's evidence indicated that she uses information on the RIFs to prepare standard workload forms ("SWFs"). She said that the material then goes to the associate dean for review and adjustment. Ms. Craddock described this function as keying in data for the SWFs with the information then being checked by the associate dean. The PDF describes the grievors' involvement with RIFs, SWFs and related duties as follows: Assist the Assistant to the Dean with SWFs, RIFs, budgets, preparation of part-time faculty complement and HR planning as well as provides support in Admin. Assistant's absence. The incumbent requires a sound understanding of program and semester turnaround as well as the ability to maintain a high level of confidentiality regarding budgets and HR information. These tasks are comprised of complex information and therefore require the incumbent to be able to analyze the data and notify administration of any discrepancies. The incumbent organizes and maintains accurate information associated with the program requirements related to space, facilities and staffing. THE FACTOR OF COMPLEXITY The job evaluation manual indicates that this factor is designed to measure 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, as well as creativity, mental challenge, degree of job structure, planning activities and the variety and difficulty of tasks. The employer rated the grievors' positions at level 4, which is worth 58 points. The union contends that a level 5 rating worth 74 points would be more appropriate. The criteria for these two ratings as well as illustrative classifications contained in the job evaluation manual read 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 An entry in the PDF addresses the factor of complexity as follows: Incumbent must have detailed knowledge associated with the program disciplines in the assigned cluster to deal effectively with diverse informational requirements as required by program leadership in the planning, development and delivery of curriculum, professional organizations, other educational institutions and students both internally and externally. The incumbent handles complex inquiries and problems from the Dean, Admin. Assistant, Co-ordinators, faculty, public, students and staff exercising diplomacy, tact and good judgement to ensure efficient functioning of support services of the School. The number and complexity of programs supported by the incumbent as well as the high volume of students requires an ability to manage multiple projects and demands with excellent organizational and time-management skills. Interprets procedures and policies when applying problem solving techniques. The grievors testified that their jobs are complex, in part because of the number of different things they do and the need for them to "flip" between tasks. They suggested that the elective process, student enquiries and proofreading schedules, RIFs and SWFs against each other are all complex. They contended that input relating to the RIFs can be complex because information received from different people may conflict and a grievor will have to determine which of the information is correct. Ms. Craddock testified that the grievors are involved in inputting data, verifying its accuracy and pointing out things that they know are incorrect. By way of example she referred to Ms. Kawazoye pointing out that a coordinator had changed a course but not updated the RIF. She said that the grievors might also point out that there are 55 student names for one section and ask if they should add another section. The grievors contended that a lot of what they do involves analyzing information. They indicated that they might be asked about electives and respond by saying that human resources is low but two classes will be required for another course. They claimed that proofreading RIFs to SWFs to timetables requires analyzing a number of factors so that they can bring problems to the attention of the administration. Some of the grievors' duties are complex and involve multi-step processes. The performance of such non-routine complex tasks is covered by the criteria for both a level 4 and a level 5 rating. To qualify for a level 5 rating the complex tasks must be relatively unusual. Further, unlike level 4 duties that involve different and unrelated processes and/or methods, to qualify for a level 5 rating tasks must involve specialized processes and/or methods. The illustrative classifications provide some guidance as to what type of complex tasks are meant to be covered by a level 4 as opposed to a level 5 rating. Some of the typical duties listed in the applicable job evaluation guide charts for level 4 illustrative classifications, as well as for a typical Support Services Officer A at level 4, read as follows: Clerk General D - Determines student financial assistance and eligibility. - Verifies the completeness and accuracy of produced payroll. - Analyzes statements to determine causes of budget variance. - Processes and controls purchase orders. Library Technician B - Undertakes original cataloguing under the direction of a librarian. 10 - Recommends and implements changes in library procedures. - Organizes library file, collections and storage facilities. Pro~rammer B - Codes, tests and debugs complex programs. - Documents all procedures used in programs. - Prepares test, data to test program logic in trial runs. SSO A - Compiles data and statistics required for departmental reports. - Develops and recommends policies and procedures for administration of unit. - Provides data to decision makers allowing them to determine best course of action. - Responds to needs of service users by coordinating administrative details of projects. Typical duties for the illustrative classifications for a level 5 rating include: Programmer/Analyst A Determines input/output and systems requirements with client or other analysts. - Interprets system specifications. Develops, codes, tests programs to fulfill requirements. SSO B - Compiles and analyzes data in order to provide recommendations as to appropriate course of action - Prepares operation plans, schedules and terms of reference. - Represents college in dealing with public by attending appropriate functions. SSO C - Researches and prepares presentations and reports to communicate and support college plans and objectives. - Provides functional guidance and direction to others. 11 - Analyzes requirements of groups both within and external to College and develops programs to meet these requirements. - Provides liaison with government agencies in relation to the administration projects. Technoloeist C Plans for the provision of technical services and effective utilization of resources based on independent assessment of the College's needs. Coordinates projects involving overall planning, development, purchasing and testing of equipment and re source s. - Develops procedures for the administration ora function. - Solves a wide range of complex problems associated with a specialization. The typical duties set out above suggest that employees with a level 4 rating generally perform tasks that have some variation in terms of the details involved. There is, however, some latitude for change, such as a Library Technician B recommending and implementing changes in library procedures and a SSO A recommending policies and procedures for the administration of a unit. The tasks associated with a level 5 rating appear to involve a regular need to assess and adopt different approaches to issues as they arise. Thus a typical Programmer/Analyst A seeks to determine input/output requirements for various systems in the college. A typical SSO B analyzes data in order to provide recommendations as to appropriate courses of action and prepares operations plans while an SSO C researches and prepares presentations and reports, analyzes the requirements of groups and develops programs to meet those requirements. A Technologist C plans for the provision of technical services based on his/her independent assessment of the College's needs. The grievor's duties more closely resemble the first group than the second. They are involved in performing complex detailed tasks but not tasks that require adopting differing approaches as new issues arise. To that extent I am satisfied that their duties justify a 4 rather than a 5 rating. The grievors in their evidence referred to interruptions and a need to change tasks. Those, however, are matters measured by the factor of strain from work pressure/demands/deadlines rather than the factor of complexity. 12 Having regard to the considerations listed above I confirm the level 4 rating given by the employer. JUDGEMENT The relevant factor definition indicates that this factor is meant to measure independent judgment and problem solving required on the job. It assesses the difficulty in identifying various alternate choices of action and in exercising judgment to select the most appropriate action. It also considers mental processes such as analysis, reasoning or evaluation. The employer rated the grievors' positions at level 4, which is worth 66 points. The union argues that a level 5 rating worth 84 points would be more appropriate. The definitions and illustrative classifications for these two levels are as follows: 4. Job duties require a considerable degree of judgement. Problem-solving involves handling a variety of conventional problems, questions or solutions with established analytical techniques. ECE Worker; Nurse; Secretary C 5. Job duties require a significant degree of judgement. Problem-solving involves interpreting complex data or refining work methods and techniques to be used. Programmer B; Stationary Engineer C; Technologist B The PDF contains the following entries with respect to the factor of judgment. The union contends that the phrase "good judgment" should read "significant judgement." The incumbent must exercise good judgement in applying and communicating policies and procedures in the support work of the programs. Judgement skills include prioritizing workload associated with the diverse needs of programs, Dean, Admin. Assistant, Co-ordinators, faculty and students. Must determine action required in co-ordination of program information with the deadlines and timelines set up by the Dean, Admin. 13 Assistant, Co-ordinators, Academic services and Corporate services. The grievors stated that they interpret complex data when proofreading in order to determine if a problem exists. They suggested that they had refined work methods by reformatting certain reports and putting information into a better electronic format. Ms. Craddock contended that the grievors input data, and have. input into how that is done, but they are not required to interpret data output. She said that the grievors give reports for others to interpret and apply. It is apparent that the grievors do not interpret complex data. They have some degree of flexibility in deciding how to input and extract information from databases. I do not, however, view this as refining work methods and techniques such as to justify a level 5 rating. It does not equate with the typical duties of the level 5 illustrative classifications, including those of a Programmer B who codes, tests and debugs complex programs. Having regard to the foregoing, I confirm the level 4 rating assigned by the employer. MOTOR SKILLS This factor measures the fine motor movements necessary to fulfill the requirements of a position. It considers dexterity, complexity, co-ordination and speed. The employer rated this factor at level C-4 worth 28 points. The union rated it at level D-4 worth 40 points. The agreed on 4 rating reflects a prevalence of more than 60% of the time. The level C and D definitions, with D being the highest rating possible, as well as the illustrative classifications for levels C-4 and D-4 are as follows: C Complex fine motor movement involving considerable dexterity, co-ordination and precision is required. Speed is a secondary consideration. Switchboard Operator; Programmer C 14 D Complex fine motor movement, involving significant dexterity, co-ordination and precision, is required. Speed is a major consideration. Typist-Stenographer B, C; Microcomputer Operator A, B; and Data Entry Operator A, B The PDF states that the grievors are involved in "Computer Applications" 75% of the time and with "Reports/Data Organization (computerized)" 40% of the time. Ms. Craddock testified that her emphasis respecting the grievors is more on accuracy than speed. She noted that should information be wrongly entered into a database it will put "us" extremely behind. The same point was made as follows in the employer's written brief: The College recognizes that a significant portion of time is involved in typing on a keyboard and that speed is an important consideration. What is more important, though, is that the information entered be accurate. Therefore, attention to detail is much more important than speed. Entering SWF, program and budget information must be accurate. The College does recognize that the grievors have to process heavy volumes at times, but maintaining the integrity of the data is more important than the speed of entering the data. This is in alignment with the rating of C4 where speed is a secondary consideration and motor skills are used more than 60% of the time. The employer's brief subsequently went on to state as follows: The College believes that the Union rating of D4 is inaccurate. D4 is the rating used for positions that have speed as a major consideration for more than 60% of the time. This position also involves telephone and in-person interactions with students, the Dean, Associate Deans, other Schools, Academic Services and Corporate Services. A rating of D4 is applied to positions that are primarily data entry positions such as a Data Operator or Microcomputer Operator - these positions would not have the 15 added component of regular interaction with Students, Faculty, Coordinators, Associate Deans and Deans that the grievors do as the first point-of-contact administrative support. The grievors appear to spend over 60% of their time keyboarding, which justifies a level 4 rating for prevalence. The key issue is whether or not speed is a major consideration. It is important to note that precision is required for both a level C and a level D rating. The test is not whether speed is more important than accuracy (which seldom would be the case) but whether speed and precision are both major considerations. In light of the volumes involved, as well as the grievors' role in inputting and manipulating data used for the planning of classes and scheduling, I am satisfied that the grievors' role with computers requires both accuracy and speed, and as such justifies a D4 rating for motor skills. PHISICAL 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. 16 Employee uses continuous light physical effort, OR, recurring periods of moderate physical effort, OR, occasional periods of heavy physical effort. Caretaker A, B; ECE Worker; Switchboard Operator; Technologist A, B; Clerk General A 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 grievors indicated that they sit at a desk for over 80% of the time. They suggested that although they have some freedom to move around because of the volume of their work and the need for speed they must spend long periods of time at their desks. In its written brief the union contended that the fact the grievors spend at least 80% of the time at a desk "demonstrates continuous demand and lack of flexibility to change position." The mere fact that an individual spends most of his or her work time sitting at a desk does not justify a high rating for the factor of physical demand. I note in this regard that a typical typist/stenographer A position receives a level 1 rating. The evidence indicates that the grievors usually have comfortable bodily positions and some flexibility of movement, which meets the criteria for a level 2 rating. A level 3 rating requires a regular need for speed (other than performing data entry), the repetitive use of muscles and uncomfortable or awkward bodily positions at times. None of these apply to the grievors' positions. Accordingly, I confirm the level 2 rating assigned by the employer. STRAIN FROM WORK PRES SURES/DEMANDS/DEADLINES This factor measures the strain associated with, or caused by, frequency and predictability of deadlines, interruptions, distractions and/or workloads, multiple and/or conflicting demands and/or dealing with people in difficult situations. 17 The employer rated this factor at level 3 worth 28 points. The union argues in favour of a level 4 rating worth 39 points. The level definitions and illustrative classifications are as follows: 3. Job duties involve moderate work pressures or demands. Interruptions, changing deadlines, multiple demands occur regularly but are usually predictable. Occasionally, critical deadlines may occur. Clerk General C, D; Secretary A, B; SSO A, B 4. Job duties involve conflicting work pressures and frequent interruptions in workflow. Work situations may be unpredictable with shifts in priorities and occasional critical deadlines. Secretary C; SSO C, D; Tech Support Specialist The PDF contains the following entries with respect to this factor. The union has proposed the elimination of the word "moderate" in the fourth sentence of paragraph 8. 8. The incumbent may be involved in multiple projects at once and is required to meet numerous, unrelated deadlines from Dean, Assistant to the Dean, Associate Dean, Admin. Assistant, Co-ordinators, Faculty, Corporate Services, students and the public. The unpredictable shift in priorities results in critical deadline changes. The diversity of programs assigned to the incumbent can result in a variety of expectations and deadlines. The position involves moderate pressure as a result of regularly managing the workload submitted by multiple sources, and meeting established deadlines. Interruptions from telephone and in-person enquiries may affect the incumbent's ability to maintain planned schedules. 8.2 Indicate the predictability of the strain and percentage of time that is required in performing each of the tasks discussed above. 18 Task % of Time Predictability Unscheduled deadlines more than 30% NP Multiple scheduled Deadlines more than 20% PR Dealing with people in difficult situations 10% NP Interruptions 50% NP The grievors in their evidence referred to frequent interruptions. They indicated that they could be engaged in a task when a student or faculty member raises a query with them or they have to attend to some other matter, such as placing a food order for a Program Advisory Committee meeting. Ms. Kawazoye referred to working on RIFs when someone requests that she prepare something else for a meeting. Both grievors contended that they face unscheduled deadlines. One example given was a faculty member being hired on the day that a course is to start requiring the rapid creation of a faculty contract. Another example was being called upon at the last minute to invigilate a test or deliver a test to the test centre. Ms. Craddock testified that the college has three semesters a year and most deadlines are known ahead of time. She indicated that even though the grievors may know about a deadline, they will occasionally find themselves waiting for the paperwork required to begin a task. She said that advance deadlines are set for coordinators wanting to change a course, such as November 1 st for May delivery, although people will be "scrambling" if a coordinator waits until two days before the deadline to hand in the paperwork. The union relied on the entry in the PDF set out above, including the statement that "the unpredictable shift in priorities results in critical deadline changes." 19 The grievors face constant interruptions, changing deadlines and multiple demands. Most of the multiple demands are predictable. This fits the criteria for a level 3 rating. The grievors move fi'equently between tasks and as a result their immediate priorities do shift. There does not, however, appear to be any shift in underlying priorities. The grievors are frequently interrupted by enquiries from students and facuky. The typical duties for the level 3 illustrative classification of Clerk General C include, "disseminates detailed information in response to a wide range of enquiries". The typical duties of a Secretary B, another illustrative classification for level 3, include "answers enquiries that require a complete knowledge of policies and procedures". These entries suggest that employees in these classifications must put aside other tasks to respond to enquiries. Responding to enquiries is not, however, listed as a typical duty for any of the level 4 illustrative classifications. Given these considerations I am not satisfied that the grievors' positions justify a level 4 rating and accordingly confirrn the level 3 rating given by the employer. INDEPENDENT ACTION This factor measures the independence of action and decisions required by a job. The job evaluation manual notes that controls can be in the form of supervision, policies, procedures or established practices. The employer contends that a level 4 rating worth 46 points is appropriate. The union contends that a level 5 rating, the highest rating possible worth 60 points, should be awarded. The relevant level definitions and illustrative classifications are as follows: 4. Job duties are performed in accordance with procedures and past practices which may be adapted and modified to meet particular situations and/or problems. There is considerable freedom to act independently with Supervisor input or verification when requested. Library Technician B; Secretary C; SSO A, B; Technician C; Technologist B 5. Job duties are performed in accordance with general procedures and policies involving changing conditions 20 and problems. There is significant freedom to act independently. SSO C, D; Systems Analyst; Technologist C Ms. Kawazoye testified that she and Ms. Ciolfi know their roles and what needs to be done and accordingly they only go to Ms. Craddock when there are conflicts respecting multiple deadlines or to obtain extra help. Ms. Ciolfi said that it is not so much that the grievors raise issues with Ms. Craddock as bring situations to her attention, such as when the help desk changes its policies. Ms. Ciolfi referred to the situation of a faculty member telling a student that Ms. Ciolfi would supervise a test without first having talked to her about it. She said that she will tell Ms. Craddock about this type of situation and the two of them then decide how to deal with it. Ms. Ciolfi also said that if she knows she can't have something done by a certain time she would notify Ms. Craddock. Ms. Craddock testified that the grievors know their jobs but talk to her before they change anything dramatically. She indicated that the grievors come to her when they have a problem, are receiving contradictory information or are swamped with work. The union in its written brief noted that the grievors do not have a lead hand and contended that the instructions they receive often ask for an "end result" while leaving it to the grievors' discretion how to accomplish the result. The brief also noted that the grievors are required to exercise initiative and expertise to customize documents, charges and reports. Level 5 is the only level for this factor that does not refer to supervisor input. This suggests that it is appropriate for situations where supervisor input is extremely rare and the employee is generally expected to make decisions on his or her own about how to cope with changing conditions and problems. Presumably the changing conditions and problems are greater than those normally associated with an evolving academic environment. In my view the grievors' positions do not meet this requirement. Accordingly I confirm the level 4 rating assigned by the employer. 21 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 assigned a level 3 rating for this factor 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 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 grievors in their evidence referred to the advance knowledge they have of new programs as well as a requirement that they not disclose information about students to their parents. They also noted that at times they deal with special needs students. In its written brief the union referred to the grievors' involvement with forms related to the scheduling process as well as their access to student/faculty passwords, home phone numbers, 22 grades, academic appeals, the reason for absences, and how students regard individual faculty members. The grievors' job duties fit within the criteria for a level 3 rating. They provide advice to faculty and students and explain policies and procedures to them. They have a regular involvement with confidential information but if they should wrongly release information it appears unlikely that it would have any major or lasting repercussions. The grievors do not provide basic instruction or communicate with others to resolve complex problem situations which is required for a level 4 rating. At times they deal with special needs students but they are not required to use influential or persuasive techniques to address their problems. Having regard to these considerations I confirm the level 3 rating 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, Reproduction Equipment 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 of resources. ECE Worker; Stationary Engineer C; SSO B, C; Technologist B, C The PDF contains the following statements with respect to this factor: 23 The number and diversity of program responsibilities require the incumbent to exercise thoughtful consideration to the consequences of actions and decisions. Inappropriate decisions/actions would have a considerable impact on the academic operations of the programs. (eg. CRNs, block codes, timetable updates, elective labels must be accurate to avoid serious conflicts for scheduling, students, faculty) The incumbent must be able to work and contribute within a team environment to meet both the needs of specific programs as well as the School. Errors may be detected by Dean, Assistant to the Dean, Associate Dean, Admin. Assistant, Co- ordinators and faculty. (eg. RIFs, block codes and timetables must be proofed and cross-checked, share school information with Registrar Office staff.) In its written brief the employer suggested that the overall impact to the College of an error on the part of a grievor would be moderate and might result in embarrassment for the College. The union brief relied on the reference in the PDF to inappropriate decisions/actions having a "considerable impact". The union contended that an error might result in students and faculty showing up, "in the wrong rooms, at the wrong times, in the wrong class, with the wrong faculty." The grievors' evidence indicated that most errors are found when proofreading timetables and related forms but if an error is not caught students could end up in a class with no teacher, a teacher with no class or two classes in the same room. They also indicated that a wrong label placed on an elective sheet might result in a timetable conflict. Ms. Craddock testified that an error might cause a class to miss two hours in the first week of classes. She noted that on two occasions the same faculty member had dealt with the problem of not having a classroom by holding his class in the President's boardroom. She said a scheduling error might create difficulty for a single student. She contended that the impact of any errors would be limited to a minor embarrassment. It appears that errors not caught by the grievors when proofreading will generally be detected after the fact. The potential impact of possible errors can be viewed as either "moderate" or "considerable" depending on 24 how one characterizes situations such as class being without a classroom at the start of a semester. The employer in the PDF stated that "inappropriate decisions/actions would have a considerable impact on the academic operations of the programs." Given that the employer is an academic institution, actions that have a considerable impact on academic operations can reasonably be viewed as having a considerable impact on the organization. In the circumstances I find a level 4 rating to be appropriate. WORK ENVIRONMENT This factor measures working conditions in terms of the physical environment while doing the work. The employer gave the grievors' position a level 1 rating worth 10 points. The union contends that a level 2 rating worth. 32 points is more appropriate. The level definitions and illustrative classifications are as follows: 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%) SSO C; Switchboard Operator; Technician A, B, C; Technologist A, B,C The union argued that the grievors are subject to constant exposure to disagreeable elements such as video display terminals, noise from printers and fluorescent lights. The illustrative classifications for a level 1 rating, however, suggest that working with a computer terminal, being near a printer and working under fluorescent lighting are not viewed as disagreeable or hazardous elements. Accordingly, I confirm the level 1. rating given by the employer. 25 THE CONCLUSION The employer's rating of the grievors' positions resulted in a point total of 559. The higher ratings I have found appropriate for motor skills and responsibility for decisions/actions raises this by 30 points to 589 points. This total comes within payband 9, which covers a range of 571 to 630 points. Accordingly, I find that the grievors should be paid at the payband 9 level. I will retain jurisdiction to address any issues that may arise out of this award. Dated this 31st day of July 2002. /Arbit;rhtor ARBITRATION DATA SHEET - SUPPORT STAFF CLASSIFICATION · ~- College: Sheridan [ Incumbent(s):BrendaKawazoye Ciolfi, Charlene [ CraddockSupervis°r: Charlene Present Classification: Support Services Officer A 1 And Present Payband: 8 Job Family and Payband Requested by C-rievor: Administrative Services, Support Services Officer C. Payband 1 I 1. [ ] Position Description Fomt Attached 2. [ ] The parties agree on the content of the attached Position Description Form Ix] The Union disagrees with the content of the attached Position Description Form. The specific details of this disagreement are attached. (see below)* FACTORS Management Union Arbitrator Award Level Points Level Points Level Points 1. Training/Technical Skill ~ 91 5 91 3 ~t / 3. Complexity c{ 58 5 74 L~ ~'~'/ 4. Judgement 5. Motor Skills 28 D4 40 6. Physical Demand 7. Sensory Demand 8. Strain from Work 28 4 39 Pressures/Demands/Deadlines '-:~ ~ 9. Independent Action ~_ 46 5 60 /lL /7/.~ 10. Con~unication/Contacts ~ 88 4 124 11 Responsibility for ,_~ 44 4 62 Decisions/Actions 12. Work Em,ironment TOTAL POINTS 559 718 PAYBAND 8 11 aoa C_L SSnnCaTION ATTACHED WRITTEN SUBMISSIONS: [ ] Tigon [ ] The College leO' E UNION ~['~l £OR MAN~EMENT (U '~[0gve) (Date) (College Representative) (Date) FOR ~J~BI~T~RfS U/,~E *Changes to PDF: F.4 Insert"Significant' delete good. F5. No indication of speed required. F6. Delete '%inimaI physical demand". F8. Delete "moderate". F9. No indication of level of independent action. Delete first sentence in 9.2 F 10. Insert regular involvement with confidential information. Fl2. Insert Occasional exposure to moderately disagreeable elements:VDT 70/75%; Noisy 100%; Fluorescent Lights 100%.