HomeMy WebLinkAboutBringleson 05-01-28IN THE MATTER OF AN ARBITRATION
BETWEEN:
SAULT COLLEGE
("the employer")
and
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
("the union")
AND IN THE MATTER OF A CLASSIFICATION GRIEVANCE OF
MR. PHILLIP BRINGLESON (OPSEU #261210)
ARBITRATOR: lan Springate
APPEARANCE S:
For the Employer: Janice Beatty, Vice President Human Resources
Peggy Storey-Inkster, Chief Information Officer
For the Union: Jennifer Rennison, President Local 612
Phil Bringleson, Grievor
HEARING: In Sault Ste. Marie on November 3, 2004 and by way of a conference call
on November 19, 2004
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DECISION
INTRODUCTION
These proceedings relate to a grievance dated April 25, 2002 in which the grievor
contended that he was improperly classified.
When the grievance was filed the grievor's job title was Educational Technology
Web Technician and he was classified as a Technologist Atypical at payband 9. In his
grievance he contended that he should be classified as a Technical Support Specialist at
payband 14.
In October 2002 the grievor and the employer agreed on the wording of a revised
position description form ("PDF") for the grievor's position. The employer
subsequently re-evaluated the position using this revised PDF and decided that it should
be that of a Technologist B at payband 10. The employer appears not to have actually
implemented this higher rating, presumably because the issue of the proper payband still
remained outstanding.
At the commencement of the hearing the union spokesperson contended that the
position description set out in the PDF fits the evaluation criteria for a typical Technical
Support Specialist and accordingly there was no need for the parties to core point rate
the job factors identified in the applicable job evaluation manual. Given the issues in
dispute, job factor ratings were addressed at the hearing. In her final submissions the
union spokesperson again argued that the grievor's duties fit the evaluation criteria for a
Technical Support Specialist. She contended that his position should be considered that
of a typical Technical Support Specialist. I note that the job evaluation manual indicates
that a typical Technical Support Specialist is at payband 14.
Prior to the hearing the employer was unclear about what position the union was
taking with respect to a number of job factors. As a result, certain material prepared by
the employer prior to the hearing, including an arbitration data sheet, did not reflect the
ratings advanced by the union at the hearing.
At the hearing the parties disagreed on eight of the twelve job factors identified in
the job evaluation manual. Each of these eight factors is discussed separately below.
The employer's ratings for all twelve factors resulted in a total of 641 points. This falls
within the 631 690 point range for payband 10. The union's ratings resulted in 805
points, within the 751 to 810 point range for payband 12.
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THE GRIEVOR'S DUTIES AND RESPONSIBILITIES
The PDF contains the following position summary with respect to the grievor's
position.
This position supports the college's strategic direction to have one third
of our programs available in distributed learning mode by 2004, increase
complementary delivery by 20%, develop 15 online distance courses, and
complete 4 certificate diploma programs totally online by 2003.
The incumbent reports to the Dean, Continuous Learning and works
within the Curriculum Design team to implement learning technologies
utilizing and managing the WebCT platform in order to support the
curriculum for complementary and online web-based courses. The
incumbent works with faculty who are at varying levels of experience
and recommends solutions to delivering difficult strategies using a
variety of technologies. This may include streaming audio/video clips or
the addition of a CD-ROM to a web-based course. The incumbent assists
the students who are presently enrolled in online courses and is
responsible for maintaining the Cyber Sault Website.
The PDF indicates that the grievor spends approximately 35% of his time providing
technical support to faculty for complementary and online Web based courses using
WebCT. WebCT is an e-learning system utilized by various educational institutions to
offer distance education courses to students and/or material that students can access on-
line to complement in-class lectures. The grievor's evidence indicated that in addition to
using WebCT to present teaching materials faculty could also decide to utilize
enhancements such as a discussion group and online testing. A faculty member can also
utilize the technology to communicate either with an individual student or with all of the
students in a class.
Among the written material provided by the employer in a pre-hearing brief was
the following description of WebCT taken from the WebCT website:
WebCT is the world's leading provider of e-learning systems for higher
education institutions. With a wide range of licensing options, WebCT is
the perfect choice for institutions in all stages of e-learning adoption,
whether they have just begun introducing e-learning on campus or are
deploying e-learning institution-wide.
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WebCT Campus Edition is a global market-leading Course Management
System that enables the efficient delivery of high quality education.
With a complete set of easy-to-use teaching and learning tools for course
development, course delivery, and course management, WebCT Campus
Edition provides the best system for student elearning and the most
efficient solution for faculty.
The griever's evidence indicated that the College's online courses are offered
through OntarieLearn, a consortium of Ontario's 22 community colleges. The
OntarieLearn platform is hosted on an Embanet Corporation server.
During the hearing the employer spokesperson put it to the grievor that he would
suggest to faculty that something be utilized from the WebCT suite efteels. The griever
replied that he could also recommend other products. At another point h his evidence
he said that he would search out technologies on the internet, from technical people at
other institutions and from his contacts at companies that develop new technologies. He
also said that he analysis and tests new technologies. I infer from this evidence that in
addition to using the processes offered by WebCT, course content can be developed
using other software and then imported into WebCT.
The griever's role includes advising faculty of the various processes that can be
used in connection with WebCT to achieve a desired result. One example given by the
griever was demonstrating to criminal justice students techniques used by police officers
when conducting interviews. He indicated that he had proposed using a DVD on which
a professor would demonstrate the various scenarios that he or she would otherwise
demonstrate in a classroom. He said that he implemented the DVD into an online course
so students could view components of the DVD as required. He further indicated that he
made arrangements so that students with a dial up connection could view stills while
listening to the audio portion. The griever testified that the College currently offers
about 43 full distance courses of which four use a video stream.
The grievor referred in his evidence to an online technical math course that
required an explanation about how a formula was developed, a process that in a
classroom would be demonstrated by a faculty member using a blackboard. He testified
that he implemented a new technology that allowed students to see the formula being
broken down while a faculty member explained it.
The grievor testified that he provides faculty with workshops at which he suggests
various strategies they could use. He said that at the time the PDF was agreed to faculty
mentors worked with other faculty members and he trained the faculty mentors. He said
that a faculty member might ask him for a strategy that would allow students to
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collaborate and he could suggest a discussion group with students being able to post
ideas and/or work that they had done.
In response to a question from the spekespersen for the employer the griever
agreed that he lets faculty know what options are available to them.
The griever testified that he manages the WebCT server, ensures that the database
is working properly, treublesheets problems with the database and ensures that students
are able to access courses regardless of their location. He indicated that troubleshooting
could involve identifying why a student is unable to access material, which might be due
to a problem at the student's end. He also indicated that problems could arise due to
corruption of a database, which he would pinpoint and fix. He gave the example of a
student doing a test online but subsequently not being able to see the results of the test.
The griever referred to a group of students at Espanela who were unable to access
WebCT. He testified that he worked with the College's Technical Support Specialist
and together they determined that the students could not get beyond a firewall. He said
that the situation was resolved by him arranging to move the course to the Embanet
server.
The griever testified that in 2002 WebCT was a new technology and he was visited
by three to five students per day seeking assistance. He indicated that since then his
contact with students has decreased and students now go to faculty members for help,
although if a faculty member is unable to assist them the faculty member will come to
him.
Ms. Stery-Inkster, the employer's Chief Information Officer, is currently the
griever's supervisor. She testified that the griever provides a lot of technical support to
faculty to ensure that they have required skills. She said that there was a period when
the griever delivered workshops for a week in May - June and although this activity has
"fallen down a little", having the griever lead workshops is important and needs to be
continued.
The grievor testified that faculty members often ask him into the classroom to
demonstrate a tool used with WebCT. He gave as examples presenting a power point
demonstration, using email, a calendar, a discussion area, quiz area and chat area. He
said that he has explained to students how to access these areas from their home or a
College residence and reviewed with them some of the problems they might face when
doing so.
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The PDF notes as follows that the grievor works with faculty and students new to
complementary and online teaming for about 25% of the time and he provides one-on-
one instruction and group workshops to train staff for another 20% of the time:
Works with faculty and students new to complimentary and online
learning and be able to start them with a new WebCT course by:
- Guiding them in the proper direction for teaming and be able to
follow up on any questions that they may have.
- Working with the mentors to implement any needed strategies.
- Ensuring the backups are completed properly for WebCT. This may
involve cleaning up the server on a regular basis. It may also mean
changing the algorithm used in perform the backup feature. Support
is offered in many forms: guided staff learning; troubleshooting staff
difficulties by telephone, e-mail or face-to-face; and the ability to
program in the UNIX Operating System environment.
25%
The incumbent is required to provide one-on-one instruction and group
workshops to train staff on the use of:
- WebCT
- Specialized software applications (i.e. Impatica, Respondus, CootEdit,
and Dreamweaver)
- College software applications; specific to how they are used within
the WebCT environment.
In addition, the incumbent presents at various conferences on the
current technologies that are being used with online courses.
20%
The grievor testified that he had developed a program to back up information from
individual courses so that if required he could get back the results of quizzes, student
submissions and emails without affecting anyone else's data. He indicated that he relies
on the IT Department to back up this information on tape when the Department does a
weekly backup for the entire College.
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THE APPROPRIATE JOB FAMILY
As indicated above, the employer views the grievor's position as being within the
Technologist job family while the union contends it is properly that of a Technical
Support Specialist. The Technologist Job family definition reads as follows:
This family covers positions that provide technical services requiring the
application of specialized knowledge. Major responsibilities include
planning, designing, developing, selecting and testing of facilities,
equipment, materials, methods and procedures, etc. related to the
instructional programs and administrative services. Incumbents
demonstrate the principles and theories of their specialty in various
learning activities and provide technical advice.
The applicable job evaluation manual describes three typical Technologist
positions, namely Technologist A, B and C. A job evaluation guide chart in the manual
indicates that a Technologist A will typically be involved in laboratory tests and
experiments. The guide chart for a Technologist B contains the following summary of
responsibility and list of typical duties:
SUMMARY OF RESPONSIBILITY
Incumbents provide technical expertise of a specialized nature to faculties,
administrative areas and students, using independent judgment to determine
services and methods required to meet user needs.
TYPICAL DUTIES
Designs and/or develops equipment, systems, facilities, materials, etc. to meet
user output requirements.
Plans, organizes and conducts experiments for demonstrations explaining
correct procedures and theoretical principles involved.
Evaluates equipment and other resources and makes recommendations prior
to purchase.
Controls supply inventories and budgets.
May assist in student evaluations in relation to learning activities in which the
Technologist B takes part.
The summary of responsibility for a Technologist C refers to providing senior
technical support in matters of a complex nature. The typical duties listed in the
applicable guide chart are planning for the provision of technical services and effective
utilization of resources, coordinating projects involving overall planning, development,
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purchasing and testing of equipment and resources, developing procedures for the
administration of a function and solving a wide range of complex problems associated
with his/her specialization.
The Technical Support Specialist job family definition reads as follows:
This family covers positions that manage and are dkectly responsible for
software in one or more specialized areas (e.g. operating systems, data
communication, data base systems) and provide technical information
and guidance related to the systems software and/or data base software
on a College-wide basis.
The summary of responsibility and the list of typical duties for the Technical
Support Specialist job family state as follows:
SUMMARY OF RESPONSIBILITY
Incumbents provide advice and guidance as to software provisions best
suited to user needs and design and alter new software programs to meet
specific requirements.
TYPICAL DUTIES
Assesses user needs and determines the software appropriate to meet
those needs.
Alters and/or designs software systems where required.
Provides advice and guidance on the most effective utilization of
software systems.
Implements systems designed for College.
Acts as technical resource for entire College.
At the commencement of the hearing the spokesperson for the union contended that
at a step 2 grievance meeting held in March 2003 the employer's then Director of
Human Resources stated that she agreed the grievor's position should be classified as a
Technical Support Specialist. The employer's subsequent written step 2 response,
however, indicated that the employer viewed the grievor's job as a Technologist B
position. When asked about the union's position with respect to this issue the union
spokesperson indicated that the union was not relying on what had been stated verbally.
As a result no evidence was presented by the union or by the employer with respect to
the Director's alleged statement.
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When giving her evidence Ms. Story-Inkster contended that the grievor's position
fits the Technologist job family definition. She described WebCT as a standard tool that
is provided to faculty as opposed to a "back-end system" of software of the type
referenced in the Technical Support Specialist job family definition. She said that the
software involved is developed by WebCT. Ms. Story-Inkster subsequently agreed with
a suggestion from the spokesperson for the employer that the grievor searches out tools
from a suite of tools.
In her final submissions the spokesperson for the employer contended that the
grievor is not involved in the management of software in a specialized area on a College
wide basis, such as would be the case with a Human Resources system. She described
such a system as far more integrated and complex than working with one set of tools, i.e.
WebCT.
During his testimony the grievor contended that his position meets the job family
definition for a Technical Support Specialist since that he is directly responsible for a
specialized area, namely WebCT software at the College. He said that he provides
technical information to faculty to allow them to develop and deliver course material.
He also said that he provides technical information to others in IT to allow "us" to
implement WebCT. He further stated that he provides technical guidance to faculty who
use WebCT, support staff who work with faculty and lo students using WebCT. He
described the underlying feature of WebCT as a database that is used College-wide.
In her final submissions the representative of the union contended that the grievor
is responsible not only for the front end administration of WebCT but also for all of the
files and functionality that combine to make up the WebCT environment, i.e. the back-
end. She argued that no other Sault College system is actually used across the College
whereas WebCT is used by faculty, support staff and 87% of the students.
At one level the grievor's duties and responsibilities appear to meet the Technical
Support Specialist job family definition. It can reasonably be said that he manages and
is responsible for software in a specialized area, namely WebCT, and he provides
technical information and guidance related to its use to faculty throughout the College.
When the job family definition is read in light of the associated summary of
responsibility and the listed typical duties, however, it is apparent that the grievor's
functions differ in certain respects from what is contemplated by the Technical Support
Specialist definition. In particular, he does not design or altar new software programs to
meet specific requirements. He is not involved in designing or altering the WebCT
software. He also does not act as a technical resource for the entire College.
The grievor's position fits the broadly worded Technologist job family definition.
His responsibilities include planning, designing, developing and selecting methods and
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procedures related to instructional programs. The summary of responsibility for a
Technologist B is very wide. It encompasses the griever's duties which can reasonably
be described as the provision of technical expertise of a specialized nature to faculties
and students and the use of independent judgement to determine services and methods
required to meet user needs. The typical duties for a Technologist B position include
developing facilities, materials etc. to meet user output requirements. The griever
performs this function. His duties are, however, quite dissimilar from other typical
duties of a Technologist B, such as conducting experiments and demonstrations and
controlling inventories and budgets.
The griever's duties and responsibilities arguably fit both the Technologist and the
Technical Support Specialist job family definitions. When the summary of
responsibilities and typical duties of the two job families are taken into account,
however, the Technologist job category appears to be a better fit.
I note that my conclusion with respect to the applicable job family is separate from
my finding with respect to the appropriate payband for the griever's position. The
proper payband does not turn on what the position is called but rather on the ratings
assigned to the various job factors identified in the job evaluation manual.
THE FACTOR OF TRAINING/TECHNICAL SKILLS
The job evaluation manual states that this factor measures the minimum amount of
independent study, formal education and training programs necessary to fulfill the
requirements of a position. The manual also states that the application of this factor is
not to be confused with the educational qualifications of a particular incumbent.
The employer rated this factor at level 6, worth 110 points, which is appropriate for
a position that requires skills normally acquired through a three year community college
diploma or a three year undergraduate university degree or equivalent. The union argues
for a level 7 rating worth 130 points, the highest rating possible, which relates to skills
normally acquired through the attainment of a four year undergraduate university degree
or higher, or equivalent.
The griever holds a four-year university degree in computer science and
mathematics from Lake Superior State University. He testified that his university
courses allow him to understand how WebCT works and how data is maintained. The
griever also completed a number of additional computer related courses, including
courses to qualify as a Microsoft Product Specialist. He indicated that his prior work
experience included teaching in a private vocational setting and working with the
insurance and banking industries, including with online banking.
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In response to a question from the spokesperson for the employer the grievor
acknowledged that when he was hired a university degree was not a requirement for his
position. He also agreed that an individual hired for the position would at a minimum
require a three-year college diploma. He subsequently clarified this by saying that such
would only be the case for someone who had six years relevant work experience, which
is the amount of experience required by the PDF.
The spokesperson for the union questioned Ms. Story-Inkster about whether a
three-year computer studies program at Sault College would actually provide someone
with the skills to perform the grievor's position. Ms. Story-Inkster said that such a
course would provide the networking, hardware and software skills to do the job.
Earlier in her evidence Ms. Story-Inkster indicated that if she were to hire someone for
the position she would require a three year diploma in computer studies as well as three
to five years experience in IT with a focus on the development of educational resources.
She added that most of the skills she would be looking for would come from this
experience and not from the individual's education.
The entry in the agreed-upon PDF with respect to the factor of training/technical
skills reads as follows:
The minimum requirement is a 3-year community college diploma in
computer technology, including software, hardware, and network skills.
Additionally the incumbent must have remained current by
demonstrating the completion of web-based courses in streaming
multimedia technologies and other conventional courses pertaining to
this position.
Technical certification such a Microsoft Product Specialist would be an
asset to the position.
In its written brief the union contended that, "the PDF continues to require the
incumbent to have a good working knowledge of the UNIX operating system
environment. This cannot possible be accomplished in a three-year community college
program". The brief also argued that a level 7 rating is appropriate since the grievor is
required to apply database theory principles in order to properly manage the online web
software products.
The agreed on language in the PDF states that, ;~the minimum requirement is a 3-
year community college diploma". The PDF goes on to also refer to a need for other
courses. In doing so it states that these additional courses are required to ensure that the
incumbent has ;~remained current". This suggests that the additional courses are not the
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equivalent of an additional year of college or university but rather are required to ensure
that an individual who has been out of school for some years has not fallen behind in
terms of new techniques and products. In light of these considerations I conclude that a
three year college diploma or university degree is the minimum requirement for the
position. Accordingly, I confirm the level 6 rating given by the employer.
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. According to the manual 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 grievor's position at level 4, which is worth 58 points. The
union argues for a level 6 rating, the highest rating possible, worth 90 points. The
criteria for levels 4, 5 and 6, as well as the associated illustrative classifications are 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
6. Job duties require the investigation and resolution of a variety of
unusual conditions involving the adaptation and/or development of
specialized processes and methods.
Programmer/Analyst B, C; SSO D; Technical Support Specialist
The PDF contains the following entry with respect to this factor:
Highly analytical, this person must be able to troubleshoot a variety of
technologies and determine the source of the problem and what steps
need to be taken to resolve the problem. A high level of creativity is
needed to find ways to make technology easier for clients to use.
Maintaining a high degree of customer satisfaction will provide a
significant degree of mental challenge. The incumbent must be very
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flexible when it comes to job structure. OntarioLeam.com consortium
online platform and delivery changes, complementary web-based
delivery methods, and the variety of browsers and settings used by
distance learning dictate changes within the college's WebCT
environment. As well, the incumbent must be able to adjust servic es to
accommodate changes in the prioritization of curriculum project
timelines and customer service needs. A high degree of planning is also
required as the incumbent provides one-on-one instruction and group
workshops to staff on the use of a variety of specialized software. Tasks
will vary from backing up/restoring student records and courses to UNIX
programming to implementing new technologies that will enrich the web-
based online learning experience for distance students.
The grievor testified that he has investigated and resolved a variety of unusual
conditions. As an example he referred to the group of students in Espanola who could
not access the College server. He noted that he had worked with the Technical Support
Specialist and they determined that the group could not get beyond a firewall. He said
that he moved the course and the students to the Embanet server, which involved an
adaptation. Another example he gave concerned local students who were unable to
access WebCT from home since the address they were using was not recognized by the
College. He said that in order to resolve the problem he worked from home and
contacted various intemet suppliers such as Shaw and Sympatico. He said that he also
talked to the Technical Support Specialist about the matter and suggested that an alias
the College was using be discontinued and the real name used. The grievor indicated
that he now hides the name from students and instead has them go to a link.
The grievor disputed a contention from the employer that his duties are routine in
nature and have a relatively narrow focus. He said that issues could include student
records not appearing properly, database corruption and courses not working properly
from a distance and he must correct such problems immediately. He added that when a
student is unable to access WebCT he must determine why and there could be a number
of possible causes. Certain of the evidence given by the grievor with respect to these
matters paralleled the following statements contained in the union's written brief.
Each home user has specific settings and personal firewalls set prior to
accessing their online course. Even with the WebCT browser settings
activated, the end user may have problems due to the personal firewall,
Internet Provider, version of Windows on their computer, virus
protection software, type of connection used to access the Internet and
thus, each student has a different and unique reason for not being able to
connect to their online course. Thus, the incumbent must determine
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methods that will allow 100% connection from home. This problem is
ongoing as new software/technologies are being installed/developed daily
for home Intemet users.
Addition of class lists and synchronization of passwords is also required
to allow online learning to be used synchronously in the classroom
environment. Command line utilities have to be used and research has to
be done to ensure privacy of student numbers, privacy of passwords and
system integrity. The incumbent must ensure that end users are not able
to hack into the database and jeopardize integrity of data (passwords,
grades, etc).
Ms. Stery-Inkster contended that although the examples of troubleshooting by the
griever appear complex they in fact have become fairly routine. She submitted that one
builds a checklist to use the next time a similar question arises. She also said that the
griever would change settings but the functioning of WebCT is adapted and changed by
WebCT.
In its brief the employer made the following submissions with respect to this factor:
It is the College's position that a rating of 4 as established in the CPS is
appropriate for Complexity. This position typically requires the incumbent to
troubleshoot a variety of software programs and to resolve problems and
issues satisfactorily to meet customer needs. Regarding the tasks that the
incumbent must perform, while numerous, they are of a routine nature and
relatively narrow focus. The incumbent is not required to "adapt or develop"
specialized processes or methods in this position.
Further, the level of analysis and problem solving for this position is limited
to WebCT software program policies and procedures (see Appendix G). The
incumbent must be knowledgeable in regards to the use of this software
within the College environment but must stay within specific guidelines and
parameters. The guidelines and parameters are followed by the incumbent but
are not developed by the incumbent.
Typically, the instructor develops the course curriculum using the software
technology. The incumbent's role is to train faculty in the use of the software
and provide support and assistance when problems are encountered in the
delivery of the course curriculum, as well as set up courses at the start of lhe
semester.
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Overall, this position supports a very small and focused piece efthe College's
IT infrastructure. Therefore, the College's position is that this factor does not
rise to the level described in Level 6.
It is apparent that the griever's duties were complex. The difficulty arises in trying
to fit them into the wording of the criteria for the level 4, 5 and 6 ratings, each of which
relate to complex non-routine tasks.
The criteria for a level 6 rating differ in one major respect from the criteria for the
other two ratings. The rating applies when job duties require the adaptation and/or
development of specialized processes and methods. The griever selects which of
various processes and methods to adopt in order to present material online, to
troubleshoot and to resolve problems students are facing in accessing material. I do not,
however, view the griever as having been involved in actually developing or adapting
these specialized processes or methods. In particular, I do not view moving students at
Espanela to the Embanet server or changing the name students use to access material as
meting these criteria.
The more difficult issue is whether the griever's position better fits the criteria for a
level 4 or level 5 rating. The griever's duties involve non-routine complex tasks, which
fit the criteria for a level 4 rating. It appears, however, that at times his tasks are
relatively unusual in that he must consider how to address new situations, such as
presenting the development of a math formula or students in residence whom are unable
to access course material. While these were not a common everyday aspects of his job,
logically unusual tasks are just that, unusual. The illustrative classifications are not
directly relevant due to the differences in duties associated with the classifications. It is,
however, noteworthy, however, that the typical duties listed in the guide charts for the
illustrative classifications for a level 5 rating, more so than those for a level 4 rating,
require analyzing the requirements of others in order to develop a resolution to specific
problems; which is what the griever must do. In all the circumstances I conclude that a
level 5 rating is appropriate for this factor. A level 5 rating is worth 74 points.
This factor measures the independent judgement and problem solving required on
the job. It assesses the difficulty in identifying various alternate choices of action and in
exercising judgement to select the most appropriate action. It also considers mental
processes such as analysis, reasoning or evaluation.
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The employer rated the griever's position at level 6, which is worth 102 points.
The union argues for a level 7, the highest rating possible, worth 120 points. The
definitions and illustrative classifications contained in the job evaluation manual for
these two levels are as follows:
6. Job duties require a high degree of judgement. Problem solving
involves adapting analytical techniques and development of new
information on various situations and problems.
Programmer/Analyst A, B; SSO C; Technologist C
7 Job duties require a very high degree efjudgement. Problem solving
involves originating new techniques and utilizing them in the
development of new information.
SSO D; Systems Analyst; Technical Support Specialist
The griever testified that he is responsible for using his judgement to find the best
solutions to meet objectives. He also said that he is responsible for finding new
techniques to resolve development is sues and to enhance learning strategies. He gave as
examples displaying course material to students with a slow internet connection,
determining why some students could access WebCT but not others, moving students
from the College's server to one in Seuthem Ontario (by which I assume he meant the
Embanet server) and determining how students could get past the College's firewall. He
also referred to students using a certain browser and Sympatice to access WebCT but the
combination not working and he had lo locate the problem and reach a solution. He
added that there are many variables that apply to students working from home and he
must do research to ascertain why a student is having a problem.
In its brief the employer contended that the griever did not originate new
techniques as described in the criteria for level 7. At the hearing the griever said that it
would be a new technique at Sault College.
The union's written brief referred to the following actions on the part of the grievor
in support its claim for a level 7 rating.
Each end user may have an unknown reason for not being able to access
online content from home. The WebCT browser settings are just a start
to resolving inability to access homework/content/course information
from home. The college firewall posed many new problems for students
trying to access online courses. The new DNS server also caused many
unforeseen problems for students trying to log into WebCT from home.
The problems were intermittent. Some days you could log on and other
17
days you were not able to access the server. Accessibility worked for
some students all of the time and never/sometimes for others. The
problem is sometimes associated with the browser/Internet Provider
combination. The student's personal firewall/browser version/virus
protection software/Internet Provider/software installed on their
PC/College firewall/DNS server combination may be causing the
problem for students trying to access course information from home.
Each student has a unique and changing environment.
The PDF contains a lengthy entry relating to the factor of judgement. The entry
includes the statement that "the incumbent is also responsible for finding new techniques
to resolve development issues or to enhance the learning strategies". The entry includes
the following example designed to illustrate how available options and the most
appropriate course of action are identified:
One example would be a decision to focus resources on video streaming.
The incumbent would assess where and how it is going to be used and
what is going to be accomplished. Then, he/she moves from the
conceptual to find out what is available in the technical community, what
and how it works, how expensive it is, if it does what is wanted, and if
the student body can access it with their equipment. This might also
require the incumbent to avail himself/herself of any educational
opportunities or intensive research, as these technologies are always
cutting edge.
The guide charts for the illustrative classifications for a level 6 job rating suggest a
somewhat narrower focus than do the illustrative classifications for a level 7 rating. A
Programmer Analyst A and B at level 6 will typically develop programs to meet the
requirements of clients, whereas a Systems Analyst and Technical Support Specialist at
level 7 typically address computer and software systems to be used by staff engaged in
different capacities throughout the college. A Technologist C who typically plans for
the provision of technical services and effective utilization of resources based on an
independent assessment of the college's needs and coordinates projects is also at level 6,
perhaps because typically a Technologist works within a specific specialty. The
illustrative classifications do not suggest that a level 7 rating is appropriate for the
grievor's position.
The criteria for a level 7 rating requires the origination of new techniques that are
used to develop new information. It is apparent that the grievor searches out newly
available technical techniques and other types of information. The evidence does not,
18
however, suggest that he develops new techniques, i.e. new methods or approaches, that
he then makes use of to develop new information. Given this conclusion I am not
satisfied that his position meets the criteria for a level 7 rating. Accordingly, I confirm
the level 6 rating assigned by the employer.
SENSORY DEMAND
This factor measures demand on mental energy while performing tasks. It
considers the level or degree of concentration and the frequency of the need for careful
attention to detail and accuracy.
The employer rated this factor at level 3 worth 28 points. The union contends that
a level 4 rating worth 39 points would be more appropriate. The criteria for these two
ratings and the illustrative classifications are as follows:
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.
Clerk General C; ECE Worker; Nurse; Secretary A, B, C; Skilled Trades
Worker; SSO A, B, C, D; Technologist A, B, C
4. 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.
Bus Driver; Clerk General D; Switchboard Operator
The PDF contains the following entries which indicate that he grievor spends 30%
of his time concentrating on troubleshooting and 10% concentrating on Java scripting:
19
Troubleshooting and Java scripting both require a high degree of
concentration.
The incumbent must also have the ability to work with faculty who are at
varying levels of experience and will be required to recommend solutions
to delivering difficult strategies using a variety of technologies. This
person will assist students who are presently enrolled in online courses,
will train staff suing traditional and alternate delivery, and will be
responsible for maintaining the CyberSault website.
Task % of Time
Troubleshooting 30
Scripting 10
The griever indicated that the duties outlined in the second paragraph in the above
excerpt from the PDF require mental energy on his part. He also referred to the various
issues he addresses when troubleshooting or when checking a bug in a software product
that might jeopardize private student data.
The union in that portion its written brief which addressed this factor contended as
follows:
Any course tool that is used could jeopardize a student number/name
correlation. Students or hackers in any course can gain access to private grades
due to a database corruption within a course. The moment data is jeopardized;
action must be taken to protect student data from being altered. The correction
process may require a complete alteration of a course(s) database. Eg. Ensure
student account numbers/names don't show - extensive testing of the
environment using student and staff accounts.
The PDF indicates that 40% of the grievor's time involves a high degree of
concentration. His other duties clearly involve a demand on mental energy. The
illustrative classifications, however, indicate that the demand on mental energy related
to addressing complex issues is not sufficient to justify a level 4 rating. This is
demonstrated by the fact that a typical SSO D is rated at Level 3. A level 4 rating is
appropriate for a bus driver who must constantly be alert to road conditions and other
drivers, a Clerk General D who is typically engaged in addressing detailed information
such as materials relating to student financial assistance, payroll and purchase orders, as
well as a Switchboard Operator who constantly listens to and direct calls. That is not the
type of concentration required by the griever when he is engaged in tasks other than
20
troubleshooting or scripting. In the circumstances I confirm the level 3 rating assigned
by the employer.
STRAIN FROM WORK PRESSURES/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.
The employer rated this factor at level 4 worth 39 points. The union argues in
favour of a level 5 rating, the highest rating possible, worth 50 points. The level
definitions and illustrative classification are as follows:
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
5. Job duties involve continuous work pressures and unpredictable
interruptions in workflow. Numerous conflicting demands and tight
deadlines occur frequently.
The PDF contains the following extensive entry respecting this factor:
The incumbent is responsible for the creation of courses for delivery of
complementary delivery for faculty. He/she organizes the timing and
delivery of these courses over the semester. The number of courses,
professors, and sections is rapidly increasing each semester, so the
creation and organization of these courses, especially within the first
three weeks of the semester, is grueling. Then, whenever a faculty wants
additional courses, the incumbent has a short amount of time to provide
that service.
As well, each semester the versions change and the incumbent revises or
creates a new process to ensure the creation is a smooth process.
However, there are always technical difficulties, which impinge on the
creation of courses and cause faculty frustration. The incumbent must be
able to use his/her human relations skills to calm people and to remain
calm. The rapidity with which technology and complementary delivery
is changing causes constant pressure for the incumbent.
21
With distance learning many of the issues regarding technology changes
are similar. When the consortium changes versions, the incumbent has to
quickly react, review the version, and indicate to the design team how the
version will react with the course material.
As well, deadlines for course delivery to OntarioLeam and to meet the
strategic dictions causes constant strain when ensuring the
technology/version can accommodate the direction.
The database maintenance of the distance courses and course content is a
constant strain as the technology reacts differently in different situations.
The incumbent must create, manage and troubleshoot the technology
used within complementary and online web courses for staff; mange,
maintain and troubleshoot student accounts; other duties include: write
UNIX programming code for various purposes, bi-annually track and
install current releases of WebCT and track and install patches/updates as
they become available, maintain weekly backups of complementary and
semester-end backups of courses hosted on OntarioLeam. com.
This area is very new, so the College requires the incumbent to be part of
many presentations at the College, provincially, and nationally. The very
nature of a presentation creates strain and, coupled with the
unpredictability of technology, it is often very high-pressured.
Task % of Time Predictability
Creation of courses 15% TP
Technology changes 30% NP
Customer relations issues
regarding technology 15% NP
Deadlines 20% TP
Maintaining database
integrity 10% NP
Presentations 10% PR
22
The grievor indicated in his evidence that at the start and end of each semester he is
busy taking care of distance courses and complementary material. He said that there are
between 130 and 150 courses that must be ready. The grievor subsequently agreed with
the spokesperson for the employer that complementary material has a target date. He
also agreed that OntarioLeam publishes the deadlines for distance courses well in
advance, including when courses are to be put on the server and when student data is to
be removed and new student data added.
In its brief the union brief reviewed a number of the tasks performed by the grievor
and then contended as follows:
One month prior to semester startup and two months after semester
startup (three of four months x 3 semesters each year) - therefore,
deadlines, pressures, and demands are numerous and unpredictable,
happen frequently throughout the entire year, and system/course crashes
cause major disruption to workflow until the issue gets resolved.
Ms. Story-Inkster testified that changes to WebCT occur only once a year, in the
summer. She argued that while there are deadlines, for the most part these are
predictable and can be planned for. She also contended that "we" know that technology
changes all the time.
The employer did not address the strain factor in its brief because when it prepared
the brief it was unaware that the factor was in dispute. In her final submissions the
spokesperson for the employer contended that deadlines and demands are predictable
and internal goals respecting complementary material are not the same as deadlines.
The PDF and the evidence indicate that the grievor faces some predictable
deadlines although these become more difficult to cope with when the consortium
changes versions. The PDF further indicates that technology changes tend to be
unpredictable as do customer relations issues regarding technology and maintaining
database integrity. The chart at the bottom of the PDF entry indicates that 55 % of the
grievor's total time is involved with matters that tend not to be predictable. This meets
the level 4 criteria of conflicting work pressures, frequent interruptions in workflow and
unpredictable work situations with shifts in priorities. A level 5 rating, however,
requires "continuous work pressures and unpredictable interruptions in work flow",
which does not describe the grievor's situation. In addition, a level 5 rating also requires
frequent tight deadlines, which does mt describe the grievor's situation. Given these
considerations I confirm the level 4 rating assigned by the employer.
23
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 worth 60 points, the
highest rating possible, 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 and problems. There is
significant freedom to act independently.
SSO C, D; Systems Analyst; Technologist C
The PDF contains the following entries with respect to this factor:
Standards/guidelines for course development are established; however,
the method by which they are applied is determined by the faculty and
the incumbent. Troubleshooting will generally just have the customer's
description of the problem.
Policies and practices are available to guide scripting and will be referred
to occasionally. Procedures will be followed regularly to maintain
technology. Standard guidelines for curriculum development are
available.
Many work assignments require the development of new policies and
procedures.
ooo
Project work will be checked in process; troubleshooting by on-line
reporting, and customer service by exception.
24
Initiative is needed to continually watch for opportunities to improve
customer service by improving processes or suggesting new technologies
or new implementations of existing technologies. Creativity is required
when working with a large consortium of colleges to solve
faculty/student problems as a result of the 'system'.
Identify the typical situations or problems that are normally referred to
the Supervisor for solution. Initially to meet a project task with the
existing software, hardware or within the time frame. Unusual situations
with clients.
The griever testified that he began reporting to Ms. Stery-Inkster in April 2004 and
when the PDF was developed he was reporting to Ms. Marcy Cifferi, Acting Dean of
Continuous Learning. He said that the Dean would state which courses the College
would develop, there was a curriculum design team he was on, and he was responsible
for the technology used in the courses. He noted that if something did not work out he
would not go to the Dean for advice but rather deal with the product developer and
explain what it was he was trying to do.
The griever testified that because the Dean had to approve any spending he would
bring specifications to her with respect to product pricing. He indicated that he did not
have the authority to make purchases but would recommend purchases. He said that he
would always make the Dean aware of problem situations but he was left to come up
with a solution. He noted that the reference in the PDF to project work being checked in
progress related to him providing an update about how much longer it would take him to
complete the project.
During the hearing the grievor was asked to comment on a statement in the
employer's brief that he had freedom to act independently when solving a new problem,
as long as it was within the defined boundaries. He replied that the defined boundaries
were his time and because there were so many potential projects he could not decide by
himself where to spend his time. He added that he would ask his supervisor whether she
wanted him to spend time addressing particular issues. The griever also pointed out that
he was required to work within timelines and deadlines.
The excerpt from the PDF set out above contains the statement that many work
assignments require the development of new policies and procedures. Ms. Stery-Inkster
testified that she did not know what policies this was referring to in that any new
policies are created by OntarieLeam. She subsequently said that the griever's decision-
25
making was subject to the College's IT parameters and he had complete decision
making only with respect to routine work.
The union's brief when addressing this factor contained a lengthy entry respecting
the various tasks performed by the griever. It also contained the statement that
"OntarieLearn, Ontario College Consortium, continually updates and modifies the
environment that we use to deliver courses".
The grievor is clearly expected to act independently when addressing day-to-day
matters, including the impact of changing technologies and changes introduced by
OntarieLearn. The PDF, however, indicates that established guidelines exist with
respect to course development. The evidence indicates that the griever kept his
supervisor advised of problems and for non-routine matters he would ask what tasks or
projects he should devote his time to. His progress on such tasks was then monitored.
The evidence and the PDF indicate that the griever required the approval of his
supervisor to acquire new software or hardware and he referred unusual situations with
clients to the supervisor. This appears to more closely fit the criteria for a level 4 rating,
which refers to considerable freedom to act independently with supervisor input or
verification when requested than it does the criteria for a level 5 rating which contains
no reference to any supervisory input.
Having regard to the above I confirm the level 4 rating given by the employer.
COMMUNICATIONS/CONTACT S
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 rated this factor at level 3 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 spec ialized 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
26
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 PDF contains a lengthy list of those whom the griever is in contact with and
his purpose for communicating information to them. These include faculty to
"troubleshoot projects", faculty mentors to "support use of technology" and students to
"support operation of WebCT" and "WebCT technical support".
At the hearing the griever sought to bring himself within the criteria for a level 4
rating by saying that he must address the needs of students with special needs so that
they can access all aspects of a course. This, however, does not come within the level 4
reference to a possible need for sophisticated influential or persuasive techniques to
address the problem of those with special needs. The griever also testified that during a
regular semester about 80% of all students have two to three courses where their grades
would be at his disposal. He acknowledged, however, that he was not involved in
communicating student marks to others. As noted above, the factor of
communications/contacts is meant to address communications responsibilities in
handling confidential information. The griever's position clearly does not warrant a
level 4 rating based on his responsibilities relating to confidential information.
The griever testified that he provides basic instruction to faculty to get them started
on delivering complementary material, to distance deliverers via workshops and e-mail
and to faculty mentors to allow them to assist other faculty. He also testified that he
provides basic instruction to students to allow them to access the different tools that their
professors are using for online delivery and to resolve complex problem situations, such
as students being unable to access a course.
Ms. Story Inkster contended that basic instruction is more like delivering a course
than a workshop. She said that the griever works with IT staff to resolve problems but
he does not provide instruction regarding the resolution of complex problem situations.
27
The employer in its brief contended that the primary responsibilities of the
griever's position involve communications with college staff and students for the
purpose of providing troubleshooting guidance and operations support. It submitted that
the communications/contacts required of the position do not rise to the level described in
level 5.
The griever provides technical information to staff and communicates with students
with respect to problems they experience in accessing WebCT. I do not view either of
these as involving communication for the purpose of resolving complex problem
situations. I view explaining to faculty how to use specific WebCT features and
demonstrating to students how to access material as the provision eftechnical advice of
a specialized nature rather than providing basic instruction.
Times when the griever is not addressing specific situations but rather is informing
faculty in a general way about the potential uses of WebCT and specialized software
applications and how they might utilize the technology does appear to involve
instruction or teaching. He imparts general information to others in order that they
might later apply that information to specific situations. This is recognized in the PDF
excerpt set out earlier in this decision wherein it states that the griever is required "to
provide one-on-one instruction and group workshops to train staff" with respect to the
use of WebCT, specialized software applications and college software applications
specific to how they are used in the WebCT environment. Not only does the PDF use
the word "instruction" but it indicates that the griever is engaged in this process
approximately 20% efthe time.
The griever's position does not fully meet the criteria for either a level 3 or a level
4 rating. He has no regular communications responsibilities with respect to confidential
information. The level 3 definition refers to a possible need to promote participation
and understanding and to secure cooperation to respond to situations of a sensitive
nature, which the griever does not do. As discussed above, he also does not use
sophisticated influential or persuasive techniques to address the problem of those with
special needs as discussed in the level 4 criteria. He does communicate for the purpose
of providing technical advice as contemplated by a level 3 rating but he also spends 20%
of his time providing instruction, which is referred to in the criteria for a level 4 rating.
Logically a rating should not be based on a rare or unusual duty. The figure of 20% for
one-on-one instruction and group workshops, however, indicates that instruction is a
regular aspect of the griever's job. From this I conclude that his job duties do require
communication for the purpose of providing basic instruction.
Having regard to my conclusion above, I find a level 4 rating to be the most
appropriate.
28
WORK ENVIRONMENT
This factor measures working conditions in terms of the physical environment
while doing work. The employer gave the griever's 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
In its written brief the union contended that the griever had occasional exposure to
moderately disagreeable and/or hazardous elements, namely computer components. At
the hearing, however, the union relied only on the fact that the griever is required to
travel to conferences. The griever testified that he travels about 6 days per year. The
job evaluation manual indicates that one week a year represents about 2% of an
employee's annual time. On that basis six days would represent less than 4% of the
griever's time. A level 2 rating is appropriate for travel between 10 and 30% of an
employee's time. Given that the griever's travel does not meet this level, I confirm the
level 1 rating assigned by the employer.
CONCLUSION
At the time the grievance was filed the employer classified the grievor as being at
payband 9. The employer's rating efthe griever's position prior to the hearing resulted
in a point total of 641, which is within payband 10. My findings with respect to the
factors of complexity, and communications/contacts raise this by 52 points to a total of
693. This falls within the 691 to 750 point range for payband 11. Accordingly I find
that at the time the grievance was filed the griever should have been at payband 11.
I retain jurisdiction to address any unresolved issues that may arise out of this
decision.
Dated this 28th day of January 2005.
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