HomeMy WebLinkAboutPineo 03-10-20 IN THE MATTER OF A
CLASSIFICATION GRIEVANCE
BETWEEN:'
OPSEU LOCAL 109
-and-
FANSHAWE COLLEGE
Regarding the Classification of Kim Pineo
BEFORE Kathleen G. O'Neil, Single Arbitrator
For the Union: Jean Fordyce, President, Local 109
Kim Pineo, Grievor
Marg Rae, Advisor and Chief Steward
For the College: Julie McQuire, Human Resources
Sheila Wilson, Human Resources
Dave Smith, Manager, Retail Services
A Hearing was held in London, Ontario on October 2, 2003
AWARD
This decision deals with the classification grievance of Klm Pineo, whose position as a
buyer in the Bookstore is currently classified as Support Services Officer Atypical, pay
band 10. She seeks the reclassification of her job upwards to Payband 11.
The parties were agreed on the Position Description Form (referred to below as the
PDF) by the time of the expedited hearing of this matter.
Ms. Pineo's position title is Supplies, Crested Goods and Miscellaneous Buyer. Her
principal function is to buy everything for the bookstore and campus clothing store other
than textbooks. Ms. Pineo leads a team of four to five staff and is responsible to see
that her areas of the store are properly stocked and staffed. This involves liaison with
faculty as to needs for upcoming courses as well as keeping up with trends in clothing
and memorabilia so that what is stocked sells.
Before turning to the specific factors in dispute in this case, it is appropriate to refer to
the Job Evaluation Manual, a document agreed between the parties, for some of the
general guidelines which are intended to inform the more detailed process of rating jobs.
Prominent among these are the following:
- Job evaluation is concerned with the content of a position and not with the assessment
of an individual's performance or with the setting of an individual's pay rate. Job raters
are instructed to make a conscious effort not to let knowledge of a particular incumbent
influence evaluation decisions. This is in recognition of the fact that different individuals
may occupy the position at different times, and the classification, which is part of the
collectively negotiated pay structure, should not depend on the individual characteristics,
strengths or weaknesses, of the person in the position at any point in time. This has the
practical effect that, as arbitrator, I am not empowered to reward Ms. Pineo or any other
incumbent for individual merit and excellent performance; it is the job requirements that
must be rated. More specifically, although one may admire the fact that Ms. Pineo has
been successful in increasing revenues in the areas in which she buys, the classification
system does not include any basis to recognize this.
- Raters are not to evaluate on the basis of a single word or phrase without assessing
the entire definition. One looks for the "best fit" evaluation based on the PDF and the
evidence.
It is also appropriate to note the context of the job family involved in this case, that of
Support Services Officer. There are four classifications of Support Services Officer, A,
B, C, and D, ranging from pay band 8 to pay band 13. Ms. Pineo's job is currently
classified as atypical, at pay band 10, the level between an SSO B (pay band 9) and
SSO C (Pay Band 11). When the College reorganized the bookstore in the fall of 2001,
Ms. Pineo's position was given the responsibility to head up a team consisting of a
buyer, an assistant and clerical, shipping and receiving assistance. As a result, her
position was reclassified, from Clerk Atypical, at pay band 9, to SSO Atypical pay band
10. The text book buyer position was similarly reclassified. The union is claiming that
the job merits classification at the same pay level as an SSO C.
The six factors which were in dispute will be addressed in turn:
Complexity
This fact measures the conceptual demands of the ]ob as characterized by: analysis and
interpretation required for problem and solution definition, creativity, mental challenge,
degree of ]ob strumure, planning activities and the variety and difficulty of tasks. The
dispute between the par~ies is between Level 5, sought by the College,and Level 8,
sought by the union. Level 5 reads as follows:
Job duties require the performance of complex and relatively unusual
tasks involving specialized process and/or methods.
Level 6 requires the following~
,]ob duties require the investigation and resolution of a variety of unusual
conditions involving the adaptation and/or development of specialized
processes and methods.
The union supports its claim for level 6 with reference to the PDF's requirement for a
vast product knowledge and the ever changing demand from the college community and
student body for specialized products and services. One of the main differences
between the two levels is the requirement at Level 8 of "the investigation and resolution
of a variety of unusual conditions involving the adaptation or development of specialized
processes and methods." The example given for this was Ms. Pineo's initiation of kits
for course material. This was a very useful and impressive idea that is beneficial for the
students, the bookstore staff and revenue for the store. For instance, a student in the
Interior Decorating program needs over twenty separate items, including books, drawing
and matting supplies. Without the kit system, each student would come into the store
and spend time (and take up space) finding each of the 22 items, and then take them to
the cash, and have them rung up, one at a time. Especially at the busiest times of the
year in the bookstore, it is infinitely more convenient, and attractive to the buyer, if those
items are already packaged with a single price, which can be processed at the cash
much more quickly. This also encourages customers to buy at the College rather than
elsewhere. These kits, which can be made up from as little as 3 to as many as 25
vendors, need a lot of detailed attention, in advance of the peak time in consultation with
the professors and vendors, and are done for a variety of programs, such as machinists,
nurses, graphic arts or horticulture. A further elaboration of the system initiated by Ms.
Pineo is the "chit system" whereby if an item for the kit has not arrived from the supplier,
a coupon to pick up the item later is substituted for the item itself. It is submitted that the
variety of different programs and supplies adds up to an "unusual condition" and puts the
requirements at Level 6.
It is emphasized that the PDF requires the incumbent to consider new initiatives which
may lead to new services or supplies. Further, in order to have the supplies in the store
when they are required, it is necessary to be proactive as professors do not always
place their orders in a timely manner. As well, it is not just the course supplies, but
clothing and other items such as rings, and arrangements for crests and lettering, which
make up the complexity of the job. In the category of clothing and novelty items, the fact
that the students range from 18 to 40 gives the job a further layer of complexity. The
union submits that once an incumbent has shown the level of initiative that Ms. Pineo
has, that it becomes an expectation of the job.
The College, while lauding Ms. Pineo's excellent idea, takes the position that the level of
complexity is properly rated at level 5, which is the second highest rating for this factor.
Recalling management's obligation to maintain internal equity among the various
positions, the College submits that the requirements of the position are not comparable
to the highest level of complexity, Level 6, illustrated by classifications such as program
analysts B and C or SSO D's or the technical support specialist who runs the computer
system for the whole college. The Comparators for Level 5, which include a
programmer analyst A, who would get specifics from a department and create a
computer program, are seen as support for the idea that Level 5 is the appropriate level
of complexity in the job. They maintain that the process of buying, involving sourcing,
ordering and bringing into the store, is similar regardless of the variety of products. And
although it is recognized that Ms. Pineo is proactive in managing the peaks and valleys
of the academic calendar, the College submits that the structure of the year at the
College should not be characterized as an unusual condition.
Although the evidence is very persuasive that there are many details and nuances to
doing Ms. Pineo's job well, I find the Level 5 wording more descriptive of the functions
than Level 6. The job, as expressed in the wording of Level 5, requires the performance
of complex and relatively unusual tasks involving specialized processes and/or methods.
All of the evidence fits into that definition, whereas it does not as easily fit into the
wording of Level 6, in particular "the investigation and resolution of a variety of unusual
conditions". The detailed requirements of the programs offered by the college are
complex, but they are the standard, usual, core of the college operation. Therefore,
even if sourcing, ordering, pricing and presenting product can be encompassed under
the wording "investigation and resolution", I do not find the regular flow of course and
consumer requirements to qualify as "a variety of unusual conditions". Level 5 is a better
fit, on the evidence.
Sensory Demand
This factor measures the demand on mental energy while performing tasks. The College
has attributed Level 3:
Job duties require moderate visual, auditory or sensory demand
on mental energy and frequent careful attention to detail and
accuracy.
OR
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.
The union seeks Level 4 which is described as follows:
Job duties require considerable visual, auditory, or sensory demand on mental
energy and frequent careful attention to detail and accuracy.
OR
Job duties require extensive visual, auditory, or sensory demand on mental
energy and occasional careful attention to detail and accuracy.
This level is justified in the union's estimation because of the extensive visual demand
and sensory demand required by the constant attention to detail and accuracy involved
in consulting catalogues and pricing. It is emphasised that there are about 200 vendors
which the incumbent deals with. Ordering skilfully requires the balancing of various
factors, such as vendor minimum orders, pricing margins and set up fees, all of which is
very detailed work. Attention is drawn to section 7.1 of the PDF which indicates that the
position is responsible to assemble buying and sales records and carry out a detailed
review to formulate buying and marketing strategies for the coming year. Further the
incumbent is required to clearly listen to customers so that the expressed need for
product or performance is understood.
The College maintains that the level of sensory demand is reflected in 7.1 of the PDF
where it lists concentration on records as 55%, concentration on customer needs, 30%
and use of space, 10% , which is adequately captured by the Level 3 rating. It is
underlined that internal comparators are important, and that the parties have listed all
the SSO's (supply and service officers) at this level. They underline that the attention
required is not constant as with a bus driver, one of the comparators at the level sought.
The language used to differentiate the various levels for this factor in the manual is not a
model of clarity when it comes to application. Nonetheless, it is clear from the factor
definition that what is being measured is the degree of concentration and attention to
detail required over the course of a day. The comparators are of some assistance here,
in that the parties have specifically turned their minds to the issue and put all the SSO's
at Level 3. As well, the inclusion of classifications such as skilled trade worker,
technologist and nurse at this level makes it clear that concentration at a quite high level
is required at Level 3. Looking at Level 4, the comparators of bus driver and
switchboard operator suggest a quite constant necessity for concentration, without much
control of when and whether to focus one's attention. Although the evidence is
persuasive that Ms. Pineo's position requires very careful attention to detail when
reviewing records and pricing, and that she must stay focussed when dealing with staff
and customers, I am not satisfied that it justifies a finding that Level 3 is inadequate to
describe the job.
Strain from Work
The College rated the job at Level 4, which reads as follows:
Job duties involve conflicting work pressures and frequent
interruptions in workflow. Work situations may be unpredictable
with shifts in priorities and occasional critical deadlines.
The union seeks level 5, as follows:
Job duties involve continuous work pressures and unpredictable
interruptions in workflow. Numerous conflicting demands and
tight deadlines occur frequently.
The union's submission highlights the numerous sources of interruptions in the grievor's
work: the 4 to 5 part-time staff needing direction or answers, faculty, accounts payable,
vendors, unhappy customers. The grievor notes conflicting demands, trying to balance
different departments, demands of students and other customers, balancing ordering
and timing priorities, trying to meet order deadlines for departmental special orders, and
the level of stress flowing from the time consumed in taking the care necessary to
ensure that orders are free from error. Although the union agrees that most of the tasks
are predictable, it is the unpredictable interruptions that make the job worthy of a Level 5
rating, in their view. Looking at the comparator job of Secretary C, the union submits
that this job is much less structured than secretarial work; it is project work, and
therefore should be rated more highly on this factor. As for the technical support
specialist comparator, the union maintains that a person in that job simply works at
something until it's fixed; they are not constantly interrupted.
The College notes that the PDF lists 18% of the tasks of this position as not predictable,
leaving the large majority as predictable. Further, the deadlines are known in advance,
and are therefore not unpredictable. Noting that the Supply and Services Officers C and
D are at this level, the employer feels that its Level 4 rating should be maintained. The
College submits that there is no evidence showing continuous work pressures, and
maintains that Level 4 is an appropriate description.
Although the wording of both Levels 4 and 5 could apply to this job, in the end Level 4
seems to be the best fit, since the work pressures do not appear to be continuous.
There are seasonal ebbs and flows, as well as a variety of tasks, not all of which are
under continuous pressure. Even granting that the real issue is interruptions, and the
necessity of changing focus back and forth between conflicting demands, Level 4 is a
good fit, including as it does "frequent interruptions in workflow."
Independent Action
The College attributes Level 4 for this factor:
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.
The Union claims Level 5:
Job duties are performed in accordance with general instructions
and policies involving changing conditions and problems.
There is significant freedom to act independently.
The College underlines that the incumbent has freedom to act without specific
instruction, but relies on manufacturer's catalogues and literature, procedure manuals
and buying and marketing strategies based on earlier year's performance. Although
there is no suggestion from the College that the manager is regularly involved in the
incumbent's decisions, it is noted that the Manager is located at the bookstore and is
available for informal discussion and visual review of the work of the person in this
position. The College refers to frequent, informal meetings between the two, and the fact
that the incumbent does not have carte blanche. Although the manager does not
scrutinize every decision, he is able to electronically view all the bookstore records and
makes frequent visual checks of the stores, without involving the grievor. For the
College, Level 5 is not appropriate because there are not really "changing conditions and
problems".
By contrast, the union and the grievor emphasize that there has been no limit on what
she can spend or buy, other than common sense. She has recently been asked to have
her manager initial any purchases over $4,000, but only after the fact. The union submits
that the decisions are made independently by the incumbent as to what is stocked,
based on market trends, student requirements and cost and availability of products.
Discussions with the manager are about costing out of goods to a department or college
activity, not as to whether or not the material will be purchased and sold. Nobody
checks her work, in the union's view. The PDF makes it clear that conversations with
the manager are infrequent and fOr the purpose of sharing strategic developments. This
gives a picture of great independence of action, in the union's view.
In deciding whether level 4 or 5 is the better fit, the questions are two:
First, are the duties performed more "in accordance with procedures and past practices
which may be adapted and modified to meet particular situations and/or problems"
(Level 4) or in "accordance with general instructions and policies involving changing
conditions and problems" Level 5", and
Secondly, is the scope of action better described as "considerable freedom to act
independently with Supervisor input or verification when requested" (Level 4) or
"significant freedom to act independently" (Level 5)?
In answering these questions, it is important to reinforce the idea that what one is rating
is the job, not Ms. Pineo individually. She is clearly able to act without specific direction
in her job, as she brings years of experience and knowledge of the College stores to the
job. In answering the first question above, Level 4 describes well what comes through
both from the evidence of Ms. Pineo and the PDF. There are established procedures in
terms of consulting professors, vendors, catalogues and buying groups to decide what is
to be bought, which may be adapted to meet particular situations (e.g. unavailability of a
product from a particular vendor, a new program, a late request, unreliable delivery).
And although these particular situations could be described as "changing conditions and
problems" as in Level 5, those are very general terms, and the Level 4 description
seems to be a better fit, particularly in terms of the PDF's prescription in 9.2, which
makes no reference to any policy, which is a requirement of Level 5.
As to the second question, Level 4 is also a good fit. Although given her experience,
Ms. Pineo seldom asks for verification from her manager, she clearly does ask for input,
and he is available for both if requested. If one imagines a new incumbent, it is not hard
to imagine that this resource would be used much more frequently. As to the wording of
Level 5, "significant freedom to act independently", it is not a poor fit either. However,
given the direction of the rating guidelines of looking at the whole definition, it is my
finding that Level 4 is a better overall description of the job itself, rather than Ms. Pineo's
performance within it.
Responsibilitv .for decisions and actions
The College has given the position Level 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.
The union submits that the position warrants Level 5:
Decisions and/or actions have significant impact on the organization.
Errors are difficult to detect and result in a significant waste of resources and
continuing influence on operational effectiveness.
Referring to the PDF at section 11.1, the College notes that a poor buying decision can
result in extra expense for restocking and shipping charges or inventory write-offs. As
well, undetected error could lead to required supplies not being available to the
academic .areas resulting in customer dissatisfaction adversely affecting revenue.
Management underlines that the definitions refer to the impact on the organization,
meaning the College as a whole, and maintain that the current level is satisfactory.
By contrast, the union submits that in the context of the position's responsibility to
oversee the second and third largest department in the College stores, the incumbent's
decisions can have a great impact on the college's revenue. Further, students make
decisions about the College based on the availability of needed supplies and resources
at the College source, which can affect the College's reputation and enrollment levels.
The grievor's submissions note that there are at the present time no processes in place
that monitor this aspect of her job. The only identifier would be customer complaints. As
well, the union points out that the margin for profit is very thin in the bookstore, and that
pricing errors would be quite difficult to detect, and would have a considerable time lag,
depending on when the invoices are received. It is submitted that here is no budget or
other limitation on the grievor's buying decisions, which supports a finding of level 5 in
the union's estimation.
It is my finding that the current rating at Level 4 is the best fit. This is clearly a very
responsible job, but the effect of decisions is appropriately described as having a
considerable level of impact on the organization. Further, I am not persuaded that the
effect of errors would have a continuing influence on the operational effectiveness of the
college or even the store. Although errors are not detected until after the fact, and can
cause loss of revenue, the wording at Level 4 "may result in considerable...waste of
resources" captures this idea. Further, the evidence did not establish that a loss of
revenue from a mistaken buying or pricing decision would have a continuing effect on
the operational effectiveness of even the store itself, let alone the college organization.
The PDF, in building in the requirement that the incumbent regularly review sales
records to formulate strategies for the coming year, contemplates a way to self-correct at
regular intervals.
Work environment
The College has rated the position at Level 1:
Job duties are carried out with occasional exposure to slightly disagreeable
and/or hazardous elements.
The union seeks Level 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%).
The union's position is that the environment includes moderately disagreeable or
hazardous elements, e.g. the storeroom, which is under a stairwell, and is cramped, and
the fact that the incumbent has to, on occasion, lift boxes and cart materials, which can
be awkward or heavy, from the storeroom to the store. As well, when selling flowers and
college memorabilia at graduations, the incumbent is out of her ordinary work
environment.
The PDF makes it clear that this position works in a busy store environment.
Nonetheless, management submits that there is little likelihood of exposure to
disagreeable or hazardous elements. Travel, which is limited to attending an annual
trade show, is shown as 5% of the time of the PDF. The union notes that this travel
involves driving on Highway 401 in the Woodstock corridor, one of the most notoriously
dangerous parts of the province's highways.
On agreement of the parties, I was given a tour of the areas in which Ms. Pineo works.
On the evidence, I am of the view that level 1 adequately describes the work
environment. The physical environment is clean, well-lit and the disagreeable elements
are appropriately described as occasional and slightly disagreeable, which is captured
by the Level 1 definition. Further, the travel required does not reach the level of 10%,
the alternate basis for a designation at Level 2.
Having carefully reviewed the evidence and the PDF in light of the agreed classification
system, it is my finding that the current rating at Pay Band 10 should be confirmed.
Dated at Toronto this 20th day of October, 2003.
Kathleon G. O Nell, Arbitrator
Arbitration Data Sheet - Support Staff ClaSsifiCation
College: ,~.~/'/'/"~ Incumbent: z/~/'''~ /¢:~'4/~:<:2 Supervisor: ~/h/~ .5'..-~/,.~-/-/' .
Present Classification: .2''¢/~,~'~/,D'"~:,~u/~,.~ ~,,~',~"', ~ ,,~7'"¢,,~/d.~/__. Present Payband:
Job Family and Payband Requested by Gdevor: ,D"~,~,D'¢.,~¢ ,-5",dg/-J/~----~ ,~//.--/s__.~/~ ~__ /',~. // ·
1. Concerning the Attached Position Description Form:
The parties agreed on the contents;
[] The Union disagrees with the contents and the specific details are attached.
2. The Attached Written Submission is from: ~ The Union ,.~e College
:~:+?~:~?~:%::?:::~::~::~?~`:~::?:~::?:~:~??~%~:?:~?~:~:`~:~:`::~:?~::~?::~*~.?~;~.:~:~?:~:~¥~::`~:~¢:m~;~:::~ Level Points Level Points Level Points
1, Training~echnical Skills ~ ~/ ~ ? / ~
2.. Expedence 3 ~ ~ ~ ~
3. Comptexi~ ~ ~¢ ~ ~ 5- 7
4. Judgement ~ /~ ~ [~ ~ /O
5. Motor Skills ~ ~ ~ A~ ~
6. Physical ~mand ~ ./~ ~ j ~ ~
7. Senso~ Demand S ~¢ ~ ~ ~
8. Strain from Wo~ Pressures/Demands/Deadlines ~ g ~ ~ ~ ~
9. Independent Action ~ ~ ~ ~ g O ~
10. Communications/Contacts ~ /2~ ~ /~ ~
11. Responsibili~ for DecisionslAc~ons ~ ~ ~ ¢~ ~ '
12. WoAEnvironment' / 1~ 2 ~ . /
For the Un~:~~ )~ For the College:
~G~or) ~ . (Date){ /, ' ~ollegeRepresentative) (Date)
For Arbitrator's Use:
Eesulting
Classincation:
(Arb/batons Signature) (Date of Headng)' (Date of Award)
mvi~ - June 2002