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HomeMy WebLinkAboutSwitzer 96-05-01IN THE MATTER OF AN EXPEDITED CLASSIFICATION ARBITRATION PROCEEDING UNDER ARTICLE 18.4.3.4 OF THE COLLECTIVE AGREEMENT ONTARIO COUNCIL OF REGENTS FOR COLLEGES OF APPLIED ARTS AND TECHNOLOGY IN THE FORM OF FANSHAWE COLLEGE (hereinafter called the "College") ONTARIO PUBLIC SERVICE EMPLOYEES UNION (FOR SUPPORT STAFF EMPLOYEES) (hereinafter called the "Union") GRIEVANCE OF DONNA SWITZER OPSEU FILE NO. 95A644 (hereinafter called the "Grievor") EXPEDITED ARBITRATOR: Richard H. McLaren, C. Arb. APPEARING FOR THE COLLEGE: Sheila Wilson Keith Johnston APPEARING FOR THE UNION: Louise Watt A HEARING IN RELATION TO THIS MATTER WAS HELD AT LONDON, ONTARIO, ON APRIL 26, 1996. AWARD Ms. Donna Switzer is classified as a Clerk General D, at payband 8. The position involves pricing, scheduling, invoicing, purchasing, statistics, bookkeeping, clerical duties and reception. The Grievor is responsible for co-ordinating the duties related to the daily operation of Reprographics and instructional materials production. These two departments are under the direction of the manager of Purchasing Services, Mr. Keith Johnston. The Arbitration Data Sheet for the support staff classification filed with the Arbitrator by the parties and revised by them at the hearing set out their respective positions. The corrected table is reproduced below: FACTORS MANAGEMENT UNION Level Points Level Points 1. Training/Technical Skills 4 71 5 91 2. Experience 4 45 5 57 3. Complexity 4 58 5 74 4. Judgement 4 66 6 102 5. Motor Skills C2 22 C2 22 6. Physical Demand 2 16 2 16 7. Sensory Demand 4 39 5 50 8. Strain from Work 3 28 4 39 Pressures/Demands/Deadlines 9. Independent Action 3 33 5 60 10. Communications/Contacts 3 88 4 124 11. Responsibility for Decisions/Actions 3 44 4 62 12. Work Environment 1 10 2 32 PAYBAND/TOTAL POINTS 520 729 Reproduction JOB CLASSIFICATION Clerk D Payband 8 Clerk Payband 11 The parties have a dispute as to the contents of the Position Description Form (PDF). A portion of that dispute relates to the fact that certain duties on the PDF were previously those of a supervisor. In order to understand this aspect of the dispute some explanation of what has gone on in this department is required. Originally, the Reprographic Services was not in the same physical location as the Instructional Materials Production Services. In the Reprographic Services there was a supervisor, Jerry Pelchier. It had been the Grievor's responsibility to fill in for the supervisor when he was absent due-to illness or vacation. In May of 1994 he commenced a final vacation prior to his retirement which occurred in August of 1994. From May of 1994 onwards, certain duties that had previously been those of the supervisor were then put into the Grievor's job description. Certain other duties were transferred to other members of management. This forms the root of the dispute as to the classification, as the Grievor feels that these new duties were taken on by her, but not reflected in the Support Staff Classification System. That aspect of this dispute is not so much one about contents of the PDF as it is about the Core Point Rating System and will be reflected in the evaluation of that part of the dispute. These two departments were undergoing changes and were in a state of transition, a transition which is still ongoing as of the date of the hearing. Mr. Mark Mintsioulis was the acting manager of Reprographics until September of 1994. He remained in a confirmed position as manager until December of 1994, when Mr. Johnston took over. Upon Mr. Johnston taking over, the two divisions were moved to a centralized, new location and there was no longer a supervisory position, nor a specific manager for Reprographics Services. In the course of these transitional changes, many PDF's were developed and a dispute evolved as to the training and technical skills requirement. It is that specific item which needs to be resolved by this Award. Donna Switzer has the view that the training and technical skills level required is that of a two year college diploma or equivalent. Mr. Johnston, the manager, has the view that the position requires related business courses, business accounting and printing courses equivalent to one year of post-secondary school education, but not requiring two years. The Grievor in her testimony suggests that in the past other managers had agreed to the two year stipulation. It was also her understanding that the two year stipulation had been agreed to by Mr. Johnston. He explains in his testimony that he agreed that training beyond high school was required and that related course training would require one year, but he believed that it did not require more. The PDF which was provided by the parties describes the training and technical skills requirement as being: Secondary school graduate with job related training courses or one year related discipline diploma program or equivalent, preferably with business management courses in accounting and bookkeeping. There are other versions of the PDF with two year requirements. The Grievor points out that when she was appointed to the position in 1987, she had no technical know-how for the position, nor did the job posting require it. Over the years the evolution of the department and the advancement of the technology have required that there be some minimal requirements. At issue between the Grievor and her manager is whether those additional requirements ought to be two years of post secondary training or one in relevant related courses. The Arbitrator did allow certain additional documentation to be provided prior to the hearing in an effort to understand this issue. Having reflected on the testimony of both the manager and the Grievor and having listened to the submissions of the representatives of the parties, the Arbitrator has concluded only one year of post secondary training is required. The Grievor who occupies the position has a highly developed set of skills. Nevertheless, when the College comes to describe the minimal training and technical skills required, or those which would be put into a job posting, it would be appropriate that they be described as requiring only one year of post secondary school graduate with related training courses. Such a conclusion is consistent with the job family and the guide chart description. It seems to be consistent with what is required for the job when the job is examined as opposed to the particular level of the performance within the job by this individual Grievor. Therefore, the Arbitrator concludes that the Position Description Form as filed with him is correct in its description of the Training/Technical Skills requirement. It is ordered that the Position Description Form be finalized and be the one which was filed for these proceedings. The foregoing determination as to the contents of the PDF have the effect of eliminating the factor of Training/Technical Skills as an issue between the parties in the Core Point Rating Plan factors. It is now necessary to turn to the Core Point Rating dispute. Of the twelve factors used in the Core Point Rating system, the parties are in dispute as to ten of them. With the resolution by this Award of the Position Description Form requirement as to training and skills, there remains nine issues to be dealt with by this Award. 5 CLASSIFICATION/POINT SYSTEM/CORE POINT RATING PLAN FACTORS 1. FACTOR 2: EXPERIENCE COLLEGE LEVEL 4, UNION LEVEL 5 The Union asserts that the experience factor ought to be at Level 5. The description for that level is: More than five years and up to eight years of practical experience. The College submits that Level 4 is appropriate, that description reads: More than three years and up to five years of practical experience. The PDF reads as follows: A combined total of five years experience in a combination of diciplines [sic] which include organizational, statistical, accounting and basic business office procedures. Experience in the graphic arts and/or printing industry would be preferred. Job costing and materials procurement experience is helpful. The Grievor has been in the job for nine years, since 1987. The position has evolved and changed tremendously over that time frame. In particular, the rate of change has accelerated from May of 1994 until the present. It was partly accelerated by the elimination of the supervisory position in the Reprographics Services section and the assignment of some of those supervisory duties to the Grievor. It was further changed in the consolidation of that division with the Instructional Materials Production division and the change of managers. The section is currently undergoing further transition towards a customer service centre, which would be a revenue generating department of the College. Some of these changes, no doubt, would not have occurred without having an incumbent, such as this Grievor, in the job who had a great -6- deal of experience. The Grievor has learned, grown and developed as the department function has changed and evolved. She has developed to the point of being a highly proficient and effective employee who has a wide range of experience learned on the job. The difference between the parties on the Core Point Rating system is whether this takes three to five years of practical experience, or requires five to eight years of practical experience. Part of the difficulty is the way in which the PDF is written so as to say "a combined total of five years experience in a combination of disciplines which include... ". Mr. Johnston elaborates that what he considered that to mean is that there was up to five years of experience which could be totalled from different areas or disciplines. The difficulty with the language of the PDF is that the five year time frame is the break point in the Core Point Rating system and is used in the PDF. It would seem that both parties Consider that five years of experience is essential. That is at the top end of the level 4 range and is also the bottom commencement point of the level 5 range. The wide variety of experience and the length of time that the Grievor has been in these activities has enabled the College to develop a more flexible approach to the organization of this department. When an issue like this emerges, it ought to be taken into account as part of the experience rating. Therefore, the Arbitrator concludes that the higher category ought to be reflected, that the experience is something more than five years in order to perform this job as it is now evolving and particularly as it is beginning to change relatively rapidly. Therefore, the Arbitrator accepts the submissions of the Union and rates the position at level 5 with a point total of 57 points. -7- 2. FACTOR 3: COMPLEXITY COLLEGE LEVEL 4, UNION LEVEL 5 The Union asserts that the Complexity factor ought to be at Level 5. The description for that level is: Job duties require the performance of complex and relatively unusual tasks involving specialized processes and/or methods. The College submits that Level 4 is appropriate. That description reads: Job duties require the performance of varied, non-routine, complex tasks involving different and unrelated processes and/or methods. The difference between the levels of this factor which measures analysis, creativity and mental challenge as well as the degree of job structure is the level of performance required of the person. Level 4 requires performance which might be varied and non-routine and can involve complex tasks. Level 5 requires complex performance, dealing with relatively unusual tasks. The PDF indicates that 35 % of the job involves receiving a request for reprographic or IMP services, quoting the jobs and doing a number of related activities in connection with that quote. Fifteen percent of the job, for a total of 50%, involves advising clients on the selection of the proper components that ought to go into the job and, of course, the quoting in relation to those components. Thus 50% of the job involves that activity. The Arbitrator recognizes that that activity is non-routine in that each job is unique. There are a wide variety of knowledge and experience factors which need to be brought to bear in order to analyze what is being requested and suggest improvements which would also be cost effective. In suggesting those improvements, the person has to ensure that the option of producing it in-house as opposed to externally is preferred where that is a competitive choice. The tasks do involve some pricing -8- of specialized processes. However, the performance of the job in terms of its mental challenge, analysis and creativity is not of a complex nature; rather it is varied and not routine. Some of the tasks can be complex, but the performance of them is similar in every instance in that different components are being taken and weighed individually as to whether they ought to be part of the request or an alternative used which would reduce costs. Therefore, the Arbitrator concludes that the better description of the complexity of the work is that used by the College, which is at Level 4. 3. FACTOR 4: JUDGEMENT COLLEGE LEVEL 4, UNION LEVEL 6 The Union asserts that the Judgement factor ought to be at Level 6. The description for that level is: Job duties require a high degree of judgement. Problem-solving involves adapting analytical techniques and development of new information on various situations and problems. The College submits that Level 4 is appropriate. That description reads: Job duties require a considerable degree of judgement. Problem- solving involves handling a variety of conventional problems, questions or solutions with established analytical techniques. The PDF indicates that a high degree of judgement in business practices related to job costing, material and supplies purchasing and negotiation of external services is required. Also required is judgement about good customer relations with those making a request and with those who are providing maintenance, repair services, supplies and other activities to the department. -9- The College submits that judgement and independence of action and responsibility for decisions are related or complimentary factors. There is no doubt that there is a high degree of independence of action and also of responsibility for decisions placed on this individual. The judgement factor which is required does not appear to involve anything more than problem solving, which can be done by changing component elements of the request so as to reduce costs. Once one has learned the different possibilities and knows the appropriate substitutes for various components that are made in a request, there is a routine or established analytical technique for making alternative suggestions to the customer. Therefore, the judgement description definition used by the College is more appropriate to the job than that of the Union. The Union's submission would require that there be a high degree of judgement involved. There is not a high degree of judgement involved; but rather there is independence of action and responsibility perhaps at a high level. Judgement is present but, primarily in the context of changing the components of a request in order to reduce the costs or meet the quality or other expectations of the customer. Therefore, the Arbitrator finds that the evaluation of the position on the factor of Judgement is more consistent with the approach of the College than that of the Union, and awards Judgement at Level 4. 4. FACTOR 7: SENSORY DEMAND COLLEGE LEVEL 4, UNION LEVEL 5 The Union asserts that the Sensory Demand factor ought to be at Level 5. The description for that level is: Job duties require extensive visual, auditory, or sensory demand on mental energy and frequent careful attention to detail and accuracy. - 10- The College submits that Level 4 is appropriate. That description reads: 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. In this area, both parties agree that frequent, careful attention to detail and accuracy are a component of this job. At issue between them is whether the visual, auditory and sensory demand on mental energy is at an extensive or merely a considerable level. This is a job that, when the suggested guideline is looked at, would be the same as the College's rating of the position. There does not seem to be any reason why this particular job ought to be taken beyond the guideline level. Therefore, the Arbitrator confirms the College position. 5. FACTOR 8: STRAIN FROM WORK PRESSURES/DEMANDS/DEADLINES COLLEGE LEVEL 3, UNION LEVEL 4 The Union asserts that the Strain from Work Pressures/Demands/Deadlines factor ought to be at Level 4. The description for that level is: Job duties involve conflicting work pressures and frequent interruptions in workflow. Work situations may be unpredictable with shifts in priorities and occasional critical deadlines. The College submits that Level 3 is appropriate. That descriptions reads: Job duties involve moderate work pressures or demands. -Interruptions, changing deadlines, multiple demands occur regularly but are usually predictable. Occasionally, critical deadlines may occur. -ll- The difference between the ratings of the College and the Union centre on whether the job duties involve moderate work pressures or conflicting work pressures, with frequent interruptions in work flow. Someone working in this position cannot affect the flow of incoming demands in the form of requests for work, request for pricing, requests for maintenance or repairs. There is a need to prioritize daily and within the day itself, which causes interruptions to the work flow. There are significant interruptions to the work flow in running certain jobs, such as those associated with graduation and other printing activities. The Arbitrator finds that the work does involve conflicting work pressures and frequent interruptions in work flow, and that the Union's evaluation for this position is more accurate than that of the College. 6. FACTOR 9: INDEPENDENT ACTION COLLEGE LEVEL 3, UNION LEVEL 5 The Union asserts that the Independent Action factor ought to be at Level 5. The description for that level is: Job duties are performed in accordance with general instructions and policies involving changing conditions and problems. Them is significant freedom to act independently. The College submits that Level 3 is appropriate. That description reads: 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. If this factor is considered in relation to Judgement and is to measure the independence of action and decisions required on the job, then one has to conclude that there is considerable freedom to act independently in this position. - 12- While the purchasing process can be governed by a price list and preferred supplier list, it can also be altered by this employee's selection of a particular supplier. There is considerable independence of action in the process of quoting and pricing as well as in making the internal versus external decision. It is also in that area that the supervisor can become involved when internal activity, while cheaper, may require overtime. That is the one time when there is discussion with the supervisor. Otherwise, there is not periodic supervision by the Supervisor. In fact, the amalgamation of the two departments under one manager indicates that less supervision is necessary thereby requiring more freedom to act. The Arbitrator concludes in this instance that the definition which would most accurately reflect the job is one in which there is a considerable freedom to act independently with some supervisory input for verification on a request basis, which is the description at Level 4. Therefore, the Arbitrator concludes that the Level 4 description is the appropriate one for this job and rejects the rating by both the College and the Union. 7. FACTOR 10: COMMUNICATIONS/CONTACTS COLLEGE LEVEL 3, UNION LEVEL 4 The Union asserts that the Communications/Contacts factor ought to be at Level 4. The description for that level is: 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. - 13- The College submits that Level 3 is appropriate. That description reads as follows: 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. In rating this position, it must be remembered that the information that is being reproduced or otherwise dealt with has no impact on the evaluation of this position. It is thc communication responsibilities involved in getting the job done which is to be rated. Therefore, examinations which are clearly confidential and other information will not have any impact on the evaluation of the position; rather, merely the communications required to get the job completed. While the position requires a degree of diplomacy in the communications because the Grievor is always seeking to change the requests made by others because of costs, quality or other considerations, it dOes not demand communication associated with resolution of complex problems. What is provided in these communications is technical advice about various alternatives which would affect price and quality and therefore might cause an alteration to the request. On that basis, the rating of the College would appear to be the appropriate one for this job and the Arbitrator confirms that rating. 8. FACTOR 11: RESPONSIBILITY FOR DECISIONS/ACTIONS COLLEGE LEVEL 3, UNION LEVEL 4 The Union asserts that the Responsibility for Decisions/Actions factor ought to be at Level 4. The description for that level is: Decisions and/or actions have considerable impact on the organization. Errors are detected after the fact and may result in considerable interruption and delay in work output and waste of resources. The College submits that Level 3 is appropriate. That description reads: 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. The primary difficulty in the levels as rated by the College and the Union is whether decisions or actions have moderate impact or considerable impact on the College. The process of quoting pricing has a self-governing feature to it. Any one job is not going to have a considerable impact on the organization, nor would a series of decisions or actions. When errors are detected, they can be detected by the purchasing department on verification of purchase orders or accounting in the verification of money collected from the photocopier fleet. There may be operating errors, but these do not affect the responsibility for this position. Therefore, the Arbitrator finds that the rating of the College is appropriate in terms of the responsibility for decision in that any single decision or action or even a series of them would, at best, have a moderate impact on the College. This is true even though any single decision, or series of them, might have a particularly devastating impact on one particular party making a single request. On that basis, the rating of the College is more appropriate. - 15 - 9. FACTOR 12: WORK ENVIRONMENT COLLEGE LEVEL 1, UNION LEVEL 2 The Union asserts that the Work Environment factor ought to be at Level 2. The description for that level is: Job duties are carried out with occasional exposure to moderately disagreeable and/or hazardous elements OR recurring exposure to slightly disagreeable and/or hazardous elements OR there is a requirement for occasional travel (10% - 30%). The College submits that Level 1 is appropriate. That description reads: Job duties are carried out with occasional exposure to slightly disagreeable and/or hazardous elements. The Arbitrator was given the opportunity to take a view of the workplace. The Grievor has an enclosed office with glass forming the walls on two sides to give considerable visibility to a portion of the work area. She has the option of closing the door to her office. She takes up that option reluctantly only when she finds that the noise level in the reproduction department is such as to affect her ability to concentrate or speak on the telephone with others. She apparently is able to work most of the time with the door open and prefers to do so. That suggests that the level of exposure to noise in the workplace or other disagreeable elements associated with the work of the department do not tend to hamper her work activities. Therefore, the level as rated by the College is appropriate. The Arbitrator accepts the College's rating. - 16- CONCLUSION The parties are directed to apply the Core Point Rating established by this Award to this position. It comes out to a total of 556 points. Therefore it is found that the Grievor ought to be classified as a Clerk General D at payband 8. The parties are directed to finalize the PDF on the basis of the contents of this Award. The Arbitration data sheet for the classification as rated by the Arbitrator is attached to this Award. I want to thank the spokespersons for the excellent job they did in presenting their positions. I appreciated the thoughtful and courteous manner in which everyone carried out their roles in this proceeding. I congratulate everyone on doing an excellent job. The primary reason that the Grievor appears to have gone to arbitration is because of the absorption by her of some of the duties previously performed by the supervisor. They were jobs that she did previously only when the supervisor was on vacation or otherwise absent. This is also reflected in the independent action factor as rated by the Arbitrator. That results in a change in the point level to 556, The proper classification is still that of a Clerk General. I want to personally thank the Grievor for the skilful and courteous way in which she conducted herself in these proceedings. I also would like to assure her that nothing that I have determined in this Award ought to be taken as evaluating her performance in the position. What has been done in this Award is to rate the position and not her work performance. From all reports and discussions at the hearing, the Grievor is an excellent employee, who performs her job in a highly laudatory and satisfactory fashion. I do want to thank her for her excellent contribution to this proceeding. DATED AT LONDON, ONTARIO THIS 1ST DAY OF MAY, 1996. Richard H. McLaren, C.Arb. FANSHAWE.LN3 , ~, ARBITRATION DATA SHEET - SUPPORT STAFF CLASSIFICATION College: Fl~/o.~/-J~z:)i.x~ Incumbent: ~, ..~.~/7~-..~-~.. Supervisor: K', r 'nt Classification: ~Z~ ~E~ ~ and Present Payband: ~. ..emily and Payband Requested by Grievor: ~0~~ ~~ 1. Position Description Form A~ached 2. ~ The pa~ies agree on the contents of the a~ached Position Description Form OR D The Union disagrees With the contents of the a~ached Position Description Form. Th~ specific details of this " disagreement are as follows: ~ . ~ (use reverse side if necessa~) FACTO RS ~NA~EMeNT UNION AR~IT~TOR r~Level Points Level Points Level Points 2.'. Experience ~ 5 ~ 3. Complexiw - ~ ~ 5' 7 4. .gudgement ,Motor Skills C ~ ~Z C Z ~. Physical .Demand ~ I G ~ / G ~ / & . 7. SensO~'Demand ~ ~? '~ 8. Strain from Work Pressures/Demands/Deadlines ~ ~ ~ ~ 9. Independent Action ~ ~ ~ 10. Communications/Contacts 3 8~ ~ /~ 3 11. ResponsibiliW for Decisions/Actions ~ ~' d 12. Work Environment / /0 ~ JOB c~sSIFICATION CLK 0 [P~ ~) e~ A~ACHED WRI~EN SUBMISSIONS: D The Union ~ The College  THE ~NION FOR M~NAGEMENT r) (Date) (Col~ge Representative) (Dat~) ~Unlon Representative) Ff ~ ~~ (Da~ng) ~' ~,Aw~ 93-12~9 b;datasheet,doc