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HomeMy WebLinkAboutMoss 94-10-26 IN THE MATTER OF AN ARBITRATION BETWEEN: ~ CAMBRIAN COLLEGE OF APPLIED ARTS AND TECHNOLOGY (Hereinafter referred to as the College) AND ONTARIO PUBLIC SERVICE EMPLOYEES UNION (Hereinafter referred to as the Union) AND IN THE IdATTER OF THE GRIEVANCE OF I.ISA MOSS (OPSEU FILE 9t/D289) ARBITRATOR: Gait Brent APPEARANCES: FOR THE COLLEGE: Susan Pratt, Staff Relations Officer Lianne Ley Glenn Toikka FOR THE UNION: Bill Riess, Local Union President Lisa Moss, Grievor Hearing held in Sudbury, Ontario on October 20, 199#. DECISION This matter was referred to arbitration pursuant to Article 18.t~.3 to resolve 'a dispute between the parties concerning the grievor's correct classification. In ' addition, there is the rather unusual situation before me in that the College takes issue with some aspects of the grievor's PDF. The parties have agreed that this matter should be resolved using the CAAT Support Staff 3ob Evalua~on Manual which came into effect on 3anuary l, 199#. The College maintains that the grievor is properly classified as a Clerk General C (payband 6). The grievor claims that her proper classification should be Clerk General D (payband 8). The parties disagree concerning six of the twelve rating factors. They agree that the job has been properly rated with regard to Training/Technical Skills, Physical Demand, Strain from %York Pressures/Demands/Deadlines, Independent Action, Responsibility for Decisions/Actions, and Work Environment. The parties also disagree about the way in which the job has been described in paragraphs 1, 2, 3, 5, and 6 of Part B of the PDF. In particular, there is a dispute about the use of the words "control" and "analyze" in those paragraphs. The accuracy of the PDF is accepted in all other respects. It should be noted that this is a rather unusual situation in that the PDF was drafted by the grievor and that the College is disputing its accuracy, as set out above. It is perhaps premature to evaluate a job where management has not determined the parameters; however, with the agreement of the parties I am prepared to resolve both the dispute as to whether the "PDF accurately reflects the assigned job content . . . and to determine whether the grievor's job is properly classified pursuant to the CAAT SUPPORT STAFF 3OB EVALUATION MANUAL" (Article lg.#.5.1). I will deal with the dispute concerning the PDF before dealing with the classification issues. Prior to the hearing I was given written submissions by the parties, and I also he~rd evidence and oral submissions. I have considered only the evidence, written submissions, and submissions' of the parties at the hearing in rendering my decision. At the hearing I also allowed the College to refer me to two authorities which had not been submitted prior to the hearing. Those authorities were Cambrian College of Apb)lied Arts and Technology and Ontario Public Service Employees Union (Brett Grievance), (199/$) unreported (Springate) and OPSEU and George Brown College (87A#/$), (1988) unreported (Knopf). Both of those were cited in support of positions regarding the proper interpretation to be given to certain factors. I do not consider that these authorities fall within the 3 prohibitions set out in Article 18.4.3 regarding what may be submitted at the hearing. On the other hand, given the nature of the procedure, I do not consider that authorities are particularly helpful in cases such as this, which are dependent on the particular facts and where the parties have been so specific in guiding evaluators. PDF DisaRreement reRardinR Contents As already noted, the parties have agreed on most aspects of the PDF. In particular they have agreed upon the following '"position summary" in Part A: The position processes, controls invoices and reconciles post-secondary and adult training non-sponsored tuition fees. The position balances bank deposits, prepares journal entries and is also responsible for the determina- tion of the amount of cash flow, the denominations required and the organizing of the necessary departmental floats. The goal and objectives of this position is to maintain accurate tuition accounts receivable records and to ensure appropriate revenue and expense transactions in departmental accounts. It can be seen that the word "controls" appears in that summary without being disputed. Part B "Duties and Responsibilities", which does conta~in the disputed passages, is .set out in full below with the contentious passages underlined: 1- Control post-secondary and ATP non-sponsored students' accounts receivable ledger. 35% 2- Process and control invoices and monthly statements. 15% .. 3- Access and analyze ISIS reports to ensure the accuracy of student accounts. 15% 4- Verify and balance departmental cash receipts and prepare journal entries for daily bank deposits. 15% 5- Determine and control cash flow. 6- Attend committee meetings to analyze and resolve problems within the ISIS system. 7- Issue emergency loan cheques and collect repayments. 3% g- Contact departments regarding problems with accounts. 9- Provide outstanding revenue reports to departments. 2% 10- Inform cashiers of discrepancies in daily deposits. 2% l l- Referrals to collections agency. 12- Other duties as assigned. 1% According to The New Shorter Oxford English Dictionary the primary meanin§s of "analyze" are: ! Ascertain The elements of (something complex); examine minutely The constitution of. 2 Dissect, decompose, (material things). . 3 Examine critically'(~ literary or musica[ composition) in order To bring out essential elements or structure .... The same source gives The following primary meanings of The verb "control": la Check or verify and. hence regulate (accounts etc.), orig. by comparison with a duplicate register .... b gen. Check the accuracy of (a statement etc.)... 2a g. xercise power or influence over; dominate regulate... b Restrain-from action, hold in check (emotions etc.) .... c Curb the growth or spread of.. Dealing first with the use of "control", suffice it To say That it is c~ear ~[haT the grievor does not have The ultimate responsibility, authority or power to manage or direct any process To which The word "control" is applied in Part B. /he accounts receivable must be created in connection with The end of the fiscal year. Invoices and statements must be created at set re§ular intervals. The grievor's function in relation To The accounts receivable, invoices and statements is essentially to create The paperwork and To determine That Their contents are accurate. No judgement is exercised in relation to the amount of fees To be charged. Ultimate signing off authority in relation to The accounts receivable and The reasonableness statement prepared for The auditors does not rest with the grievor. ..' Cash flow is determined on a daily basis, apparently on the basis of experience and departmental requests. It is the grievor's function to count cash received from The night deposits, to verify The accuracy of the department's count, to balance, and, having made the appropriate journal entries, to hold back from the bank deposit That amount of cash which must be distributed To the departments for Their floats. If There are special requests for particular denominations by a department, Then the grievor must order what is required from The bank. No real independent judgement is required of The grievor in exercising this function. ? There is no real dispute between the parties regarding what the grievor actually does and what her responsibilities are. I am prepared to accept the word "control" in paragraphs 1, 2, and 5 of Part B in the sense that it conforms with the definitions of the word numbered "la" and "lb" by The New Shorter Oxford £ngHsh Dictionary as a checking or verification process. However, I do not consider that any other power or regulatory function should be read into the word. In view of the ambiguous nature of the word I suggest that the parties consider amending the PDF by substituting for "control" some other word or combination of words which do not imply any ultimate power or authority to r eg ulate. In paragraph 3 "analyze" is used to describe a function which I take to mean the process by which the grievor traces a trail of transactions from the computerized records in order to ensure that the students' fees accounts are accurately reflected in anything which she has to produce in connection with her job. As I understand it, ISIS is a student record keeping system which provides a snapshot of the students' accounts at any particular moment but gives no trail · by whic~ one can trace the history of the transactions leading up to that "snapshot. The records are there and available, but must be sought out and ... pieced together accurately. Problems with the accuracy of individual records may be identified in this process, and the Registrar's Office notified of them. This is a "tracking" or "tracing" function rather than a "remedial" one. It. may be that it can be termed "analysis" broadly speaking because it is a "dissecting" function; however, it lacks any element of critical examination or the exercise of critical judgement in relation to any responsibility for problem solving. I will leave it to the parties to determine a word that may reflect the function more 6 accurately without any of the implications beyond the dissection or tracing functions should they wish to replace "analyze". In paragraph 6 "analyze" is used to reflect the grievor's attendance at meetings with the systems analyst to discuss her particular user problems with the system, to learn about the system from the analyst, and to instruct the analyst about her accounting needs. It is not the grievor's function or responsibility to analyze the problems and to provide solutions within the system. .... i think that "discuss" or some other similar word would be more accurate than "analyze" in this context. Dispute Regarding Classification The parties have agreed on the 3ob Family Definition. Having regard to Section II of the CAAT Support Staff Job Evaluation Manual (hereinafter referred to as the Manual), the next step in the evaluation process is set out in paragraph #. That is: Having determined the appropriate Job Family, the duties and responsibil- ities of the position being evaluated are compared to the Classification levels described in the relevant 3ob Evaluation Guide Charts, which are contained in Section VI. Considering the normal activities of the position, it is matched with the guide chart level which most accurately describes the actu. al content and responsibilities of the position. By this process positions are evaluated and classified in comparison with a common standard. In most cases a reasonably close approximation to a classification level in a Guide Chart will be possible. Set out below are the 3ob Evaluation Charts for both Clerk General C (Payband 6) and Clerk General D (Payband 8). CLERK GENERAL C This family covers positions that are involved in clerical or business machines operating either manually or electronically, or in combination with incidental typing or stenographic duties. SUMMARY OF RESPONSIBILITY Incumbents perform a variety of relatively complex clerical tasks requiring the exercise of moderate judgement. 7 TYPICAL DUTIES Prepares payroll documentation, bank deposits, ~ash receipt journals and reconciles trial balances. Expedites purchase orders and verifies invoices. · Completes and analyzes documents related to student admission and registration. · Disseminates detailed information in response to a wide range of enquiries. · Gathers and compiles statistical data. Maintains and. verifies various records. TRAINING/TECHNICAL SKILLS Required skills normally acquired through attainment of secondary school graduation, or equivalent. Job duties require the ability to apply advanced reading, writing, and arithmetic skills. EXPERIENCE More than one year and up to three years of practical experience. COMPLEXITY Job duties require the performance of various routine, complex tasks involving different and unrelated processes and/or methods· JUDGEMENT Job duties require some moderate degree of judgement. Problem- solving involves the identification and breakdown of the facts and components of the problem situation. MOTOR SKILLS Complex fine motor movement, involving considerable dexterity, co- ordination' and precision, is required for 31% to 60% of the time. Speed is a secondary consideration· pHySICAL DEMAND 0ob 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. SENSORY DEMAND 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. STRAIN FROM WORK PRESSURES/DEMANDS/DEADLINES Job duties involve moderate work pressures or demands. Interrup- tions, changing deadlines, multiple demands occur regularly but are usually predictable. Occasionally, critical deadlines may occur. 8 INDEPENDENT ACTION 3ob duties are performed in accordance with general procedures and past practices under periodic supervision, with occasional periods of Supervisor input or verification. There is moderate freedom to act independently. COMMUNICATIONS 3ob duties require communication for the purpose of providing deJ~iled explanations, clarification, and interpretation of data or information. There may be need to empathize with and understand the needs of others in order to handle problems or complaints. Occasional involvement with confidential information which has minor disclosure implications. RESPONSIBILITY FOR DECISIONS AND ACTIONS 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. WORK ENVIRONMENT Job duties are carried out with occasional exposure to slightly disagreeable and/or hazardous elements. CLERK GENERAL D This family covers positions that are involved in clerical or business machines operating either manually or electronically, or in combination with incidental typing or stenographic duties. SUMMARY OF RESPONSIBILITY Incumbents perform specialized senior clerical work requiring the exercise of considerable judgement. TYPICAL DUTIES . Determines student financial assistance and eligibility. . Verifies the completeness and accuracy of produced payroll. . Analyzes statements to determine causes of budget variance· · Conducts cost analysis studies. · Processes and controls purchase orders. · Organizes systems, procedures and paper flow. Analyzes problems relating to clerical systems and procedures and recommends revisions. · Organizes the clerical activities of activities such as convocation, open house, orientation, etc. TRAINING/TECHNICAL SKILLS Required skills normally acquired through attainment of secondary school graduation and completion of additional job related training courses, or one year Community College diploma, or equivalent. 3ob duties require the ability to apply specialized ski/Is. 9 EXPERIENCE More than three years and up to five years of practical fexperience. COMPLEXITY 3ob duties require the performance, of varied, non-routine, complex tasks involving different and unrelated processes and/or methods. 3UDGEMENT Job duties require a considerable degree of judgement. Problem- solving involves handling a variety of conventional problems, questions or solutions with established analytical techniques. MOTOR SKILLS _. Complex fine motor movement, involving considerable dexterity, co- ordination and precision, is required, for 1096 to 30% of the time. Speed is a secondary consideration. PHYSICAL DEMAND 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 usus recurring light physical effort, OR occasional moderate physical effort. SENSORY DEMAND 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. STRAIN FROM WORK PRESSURES/DEMANDS/DEADLINES Job duties involve moderate work pressures or demands. Interrup- tions, changing deadlines, multiple demands occur regularly but are usually predictable. Occasionally, critical deadlines may occur. INDEPENDENT ACTION Job duties are performed in accordance with general procedures and past practices under periodic supervision, with occasional periods of Supervisor input or verification. There is moderate freedom to act independently. COMMUNICATIONS 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 mal-ters by interpreting procedures, policy or theory. There may be 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. RESPONSIBILITY FOR DECISIONS AND ACTIONS Decisions and/or actions have moderate impact on the ~rganization. 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. WORK ENVIRONMENT Job duties are carried out with occasional exposure to slightly disagreeable and/or hazardous elements. Given the evidence I heard, I do not consider that the typical duties of the grievor's position can be equated with the typical duties performed by the Clerk -' 'General D as set out above. However, when the typical duties of the Clerk General C are compared with those of the grievor's position, it is clear that some of her duties are not reflected in that outline, although it would certainly appear that the Clerk General C Job Evaluation Chart more accurately reflects the position in question than does the Clerk General D Chart. As a consequence, I believe that it is appropriate to evaluate the grievor's position using the core rating plan as set out in Section VII of the Manual. In this regard, I will only consider the factors where there is a dispute between the parties. EXPERIENCE The PDF slates that the minimum time needed to fulfil the requirements of ~the position is three years exactly. There is no dispute between the parties -about this statement. Level 3 of the Experience Factor is defined aS "More than one year and up to three years of practical experience", and level # as "More than three years and up to five years of practical experience". Given the agreement that the position requires exactly three years of experience, I cannot possibly award a level which says that more than three years is required. Therefore, I agree with the College that the appropriate level is 3, which carries 32 points. COMPLEXITY The PDF sets out the following: - Encounter difficulties within the ISIS system. - Participate in committees meetings monitoring problems within the ISIS system. - There are no current policies and procedures in place to guide the position in assigned duties. Account coding receipts for various departments. - Assist several departments in organizing their set up cash flow and inform them of the accounting process. - Research cashier discrepancies and amend receipts accordingly. - Ensure the monthly reconciliation of receivables and revenue accounts. - Train part-time staff. The College has rated this as level 3 and the Union claims level #. Level 3 is defined as: Job duties require the performance of various routine, complex tasks involving different and unrelated processes and/or methods. Level # is defined as: Job duties require the performance of varied, non-routine, complex tasks involving different and unrelated processes and/or methods. Without belabouring the point, I consider that the tasks of the position can better be described as being "various routine, complex tasks" as in level 3. There is a daily routine to the grievor's job involving cash receivables and departme'ntal cash needs. This is performed according to established procedures. Further, there are periodic routine tasks such as the creation of invoices, statements, accounts receivable, and reasonability tests which must be done at pre-set times during the year. These are certainly complex and varied tasks; however they are customary, standard and usual parts of the job which recur at regular intervals and which are performed according to set standards. Hence, I would regard them as "routine". I agree with the College that the appropriate rating is level 3, which carries 41 points. 12 3UDGEMENT The College has rated the job at level 3 which is defined as: 3ob duties require some moderate degree of judgement. Problem-solving involves the identification and breakdown of the facts and components of the problem situation. The Union claims that the job should be rated at level ~ which is defined as: 3ob duties require a considerable degree of judgement. Problem-solving involves handling a variety of conventional problems, questions or solutions with established analytical techniques. The factor of judgement itself is defined as: This factor measures the independent judgement and problem-solving required on the job. It assesses the difficulty in identifying various available choices of action and in exercising judgement to select the most appropriate action. It also considers mental processes such as analysis, reasoning, or evaluation. Having regard to the evidence before me, it is my conclusion that the judgement required in the job can best be described as "moderate" as opposed to "a considerable degree". Further, I believe that the problem-solving required of the position is somewhat better reflected in the level 3 definition. The bulk of problem solving would seem to be involved in finding a trail of transactions in order 'to accurately reflect accounts. I do not believe that the "various forms of available choices of action" are difficult to identify, although the system itself may be cumbersome. On balance, I agree with the College's ra~ing of level 3, which carries 48 points. MOTOR SKILLS The College has assessed the iob at level C3 which is defined as: Complex fine motor movement, involving considerable dexterity, co-ordination and precision, is required. Speed is a secondary consideration. Prevalence: Regular - 31% to 6096 of the time. The Union claims that the job should be rated at level D3 which is defined as: Complex fine motor movement, involving significant dexterity, co-ordination and precision, is required. Speed is a major consideration. Prevalence: Regular - 31% to 60% of the time. On the chart the parties have agreed that level D3 is appropriate for Secretary A and B. Secretary A or B must perform work speedily. It is common to measure typing or shorthand skills in terms of speed as well as accuracy. No such primary speed requirement is present in this job. The primary consider- ation in this job is accuracy rather than speed. ! find that the College's assessment is correct and that the job should be rated at level C3, which generates 25 points. SENSORY DEMAND The College has rated the job at level 3 which is defined as: 3ob duties require moderate visual, auditory, or sensory demand on mental energy and frequent careful attention to detail and accuracy. OR 3ob duties require considerable visual, auditory, or sensory demand on mental energy and occasional careful attention to detail and accuracy. OR 3o.b duties require extensive visual, auditory, or sensory demand on mental ene.rgy and periodic careful aGtention to deGai[. The Union claims Ghat the job should be raged at level /~ which is defined · as: 3ob duties require considerable visual, auditory, or sensory demand on mental energy and frequent careful attention to detail and accuracy. OR 3ob duties require extensive visual, auditory, or sensory demand on mental energy and occasional careful attention to detail and accuracy. Having regard to the evidence before me, I have no doubt that "frequent attention to detail and accuracy is required". However, I am not convinced that the "visual, auditory or sensory demand" can be described as anything more than "moderate". Put another way, having determined that "frequent attention to detail and accuracy is required", it would be necessary to show that the level of concentration is better described as "considerable" rather than "moderate" in order to justify a level ¢ rating. As described on the PDF and in the evidence, this is a job where the degree of concentration appears to be related to verifying and inputting data, and therefore can better be described as "moderate". Accordingly I find that the position should be rated at level 3, which carries with it 28 points. COMMUN ICAT ION S/CONTACT S The College has rated the job at level 2. The Union claims that it should be rated at level 3. This factor has the following "Note to Raters": Many college jobs deal with some information that is confidential. The focus in this factor is on the manner, purpose and responsibilities involved in communicating, rather than the content of the information being communi- cated. Therefore, raters should not rate 'the information, but the communi- cations responsibilities in handling it. Levels 2 and 3 are defined as follows: 2 gob duties require communication for the purpose of providing detailed explanations, clarification, and interpretation of data or information. There may be need to empathize with and understand the needs of others in order to handle problems or complaints. OcCasional involvement with confidential information which has minor disclosure implications. 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 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. There is nothing before me to indicate that the purpose of communication involves those things listed in the level 3 definition. I accept the general proposition that accounting information is always confidential. However the "note to raters" directs raters to refrain from rating the nature of the communications and to focus on the position's responsibilities in communicating the information. There is no indication that the contents of the student fees records, or any invoice or statement is something which is so sensitive that the incumbent is prohibited from discussing the contents with others to verify accuracy. There is nothing before me to indicate that the ramifications of disclosure to any unauthorized third party would be other than embarrassment to the College and the student or agency involved in paying fees. All in all, I agree with the College that level 2 is a better description of the position's communication responsibilities. Level 2 carries with it 52 points. CONCL U S ION I find that the job in question is properly evaluated as £ollows: Factor Lev el Points 1. Training/Technical Skills q 71 2. Experience 3 32 3. Complexity 3 #1 q. 3udgement 3 5. Motor Skills C3 25 6. Physical Demand 2 16 7..Sensory Demand 3 28 8'. Strain from Work Pressures etc. 3 28 9. Ifidependent Action 3 33 10. Commu nications/Contacts 2 52 11. Responsibility for Decisions etc. 3 12. Work Environment I 10 TOTAL POINTS /~28 PAYBAND 6 DATED AT LONDON, ONTARIO THIS 26TH DAY OF OCTOBER, 199#. Gall Brent ARBITRATION DATA SHEET - SUPPORT STAFF CLASSIFICATION ~sent Classification: C J~r~ ~ ~ ~,~ ~_~--c_~_ ~ and Present Payband: Family and Payband Requested by Grievor: Cl (~ ~ ~ ~_~ p~ .q E ~-c_~_ '~-~) jO~::L~, ~ c( ,~c~( ~'- 1. Position Description Form Attached 2. [] ' The parties agree on the contents of the attached Position Description Form ~[fl~greesWith the contents of the attached Position Description Form. The specific details of this disagreeme'i~t are as follows: (rise reverse side if n~ecessary) FACTORS MANAGEMENT UNION ARBITRATOR Level Points level Pel~t~ Level Points 7. Sensory Demand ~. ~ 2_~ ~ "~q ~ .~.~ 8. Strain from. Work Pressures/Demands/Deadlines ~ 2_~ '~ 2_ 9. Independent Action .~ ~'~ ~ 10. CommunicationS/Contacts ~ ~- ~2 ~-~ ~ 1 1. Responsibility for Decisions/Actions _:~ ~ '~ ~ ~ -~{ 12. Work Environment I t (~ .I · [ (~ I /o JOB 'CLASSIFICATION /o ~' ATTACHED WRITTEN SUBMISSIONS: [] The Union· ~he College FOR THE UNION FOR MANAGEMENT (Grievor) ~----3~.~_ ~ (Date) (Date) · - ' (Date) '~BITRATOR~S USE: " r ~trator's Signature) (Date of Hearing) (Date of Award) 93-12-09 b:datasheet.doc