HomeMy WebLinkAboutFrayne 95-11-06 IN THE MATTER OF AN EXPEDITED ARBITRATION ~ ~ ~ O
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BETWEEN:
ONTARIO PUBLIC SERVICE EMPLOYEES' UNION, LOC~ 109
(hereinafter called the Union)
- and -
FANSHAWE COLLEGE OF APPLIED ARTS AND TECHNOLOGY
(hereinafter called the College)
- and -
CLASSIFICATION GRIEVANCE OF MS. MARDEL FRAYNE
(hereinafter called the Grievor)
SOLE ARBITRATOR
PROFESSOR IAN A. HUNTER
APPEARANCES:
FOR THE UNION: Ms. Louise Watt, Chief Steward
FOR THE COLLEGE: Ms. Sheila Wilson, Personnel Officer
AN EXPEDITED ARBITRATION HEARING WAS HELD IN LONDON, ONTARIO
ON OCTOBER 13, 1995
1
AWARD
(1) Introduction
The grievance of Mardel Frayne is dated December 12, 1994 and
alleges improper classification as a Secretary B in the Human
Services Division of Fanshawe College (Exhibit 1). An expedited
arbitration hearing was held in London, Ontario on October 13,
1995.
At the hearing, I heard evidence from the Grievor, Mardel
Frayne, and from Mr. Michael Hoare, Chairperson, Human Services
Division, Fanshawe College. Both witnesses were candid and fair in
giving evidence, and I appreciate their assistance.
The following Exhibits were entered:
Exhibit 1 Grievance of Mardel Frayne (December 12, 1994)
Exhibit 2 P.D.F. dated December 5, 1994
Exhibit 3 Arbitration Data Sheet (completed June, 1995)
(2) Overview of The Position
The Human Services Division of Fanshawe College comprises
seven programs:
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(1) Child and Youth Services;
(2) Early Childhood Education;
(3) Social Service Work;
(4) Recreation Leadership;
(5) Fitness and Health Promotion;
(6) Human Services Foundation;
(7) Development Services Worker.
There are approximately one thousand (1,000) students in the
Human Services Division, taught by approximately thirty-five (35)
full-time and twenty-five (25) part-time faculty.
The Grievor, Mardel Frayne, is classified as Secretary B.
The Grievor works in an area adjacent to the Chairman's office
and her overall responsibility is for the smooth operation of the
Division. The Grievor has occupied the position since she started
at Fanshawe College in 1989.
The Grievor testified that the position had evolved and
changed substantially since 1989. This evidence was confirmed by
her supervisor, Michael Hoare.
Broadly speaking, the Grievor's responsibilities include four
main areas:
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(1) budget functions;
(2) curriculum functions;
(3) payroll functions;
(4) meetings.
In the latter capacity, the Grievor arranges meetings and
agenda items. For some committees she records and distributes
minutes.
The Grievor testified that her work day is frequently
interrupted by requests from faculty (eg. supplies, scheduling
problems, etc.), students (eg. concerns or complaints about a
course), inquiries from the Registrar's office or other College
departments, and outside inquiries (eg. insurance).
A fuller, and generally accurate, description of the Grievor's
duties and responsibilities can be found in the P.D.F..
(3) Job Factors Agreed
The following job factors are agreed between the parties at
the following levels:
Experience Level 4
Complexity Level 4
Physical Demand Level 2
4
Sensory Demand Level 2
Responsibility for Decisions/
Actions Level 3
Work Environment Level 1
I have examined the Job Family description of Secretary B in
the C.A.A.T. Support Staff Job Evaluation Manual.
It was the College's position that the Grievor's position
falls within the Job Family description, and that relevant
evaluation criteria were broad enough to encompass the Grievor's
present duties.
I reject this submission. Based on the evidence of the
Grievor, confirmed in all essential respects by her supervisor, Mr.
Hoare, I find that the Grievor's position is Secretary: Atypical.
I turn to the job factors in dispute.
(4) Job Factors in Dispute
There are six job factors in dispute. I shall consider each
one in light of (a) the oral evidence given by the Grievor and by
her supervisor; and (b) the Position Description Form.
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(a) Training/Technical Skills
This factor measures the minimum amount of independent
study, formal education, internal and/or external
training programs, professional or technical courses, or
apprenticeship programs necessary to fulfil the
requirements of the position.
The College has rated this factor Level 4: (normally)
secondary school graduation plus one year community
college diploma.
.The Union has evaluated this factor Level 5: (normally)
a two year community college diploma.
I note, first, that the P.D.F. supports the Union's
position. At page 5, the P.D.F. states: "two year
community college diploma (office administration) or
equivalent".
This result was also supported by the viva voce evidence
of both the Grievor and her supervisor.
Consequently, I conclude that Training/Technical Skills
should be rated at Level 5.
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(b) Judgement
The College has rated this factor Level 3: "... moderate
degree of judgement. Problem-solving involves the
identification and breakdown of the facts and components
of the problem situation".
The Union has rated this Level 4: "... a considerable
degree of judgement. Problem-solving involves handling
a variety of conventional problems, questions or
solutions with established analytical techniques".
At page 7 of the P.D.F., I find: "... independent
problem-solving in the frequent absence of the
Chairperson ... exercises judgement when answering
questions and queries from faculty members, staff and
students ... identify and refer problems as required ...
resolves errors in administration cost centres ... the
incumbent must use judgement in establishing priorities
in completing multiple tasks by required deadlines".
Of itself, the P.D.F. would not answer the question of
whether the degree of judgement required is "moderate"
(College) or "considerable" (Union).
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The Grievor testified that considerable judgement was
required, particularly in balancing the varied
requirements of the job and in determining priorities.
However, the Grievor's evidence might be considered self-
serving and discounted accordingly.
However, in this case, her supervisor, Mr. Hoare,
testified that "considerable judgement" was required in
the position. He said that often the position requires
creative problem-solving skills and independent decision-
making. The Grievor is frequently faced with problems
which require analysis, reasoning skills, evaluation, and
mediation. Mr. Hoare explained that he is frequently
absent from the Division (eg. at College meetings) and
the Grievor must solve complex problems in his absence.
Based on the oral evidence, I have concluded that
Judgement should be rated Level 4.
(c) Motor Skills
On this factor, the parties are agreed on the nature of
the motor skills "(D) complex fine motor movement ...",
and the dispute is as to the prevalence.
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The College has indicated that these complex fine motor
skills are required thirty to sixty percent (30% - 60%)
of the time; the Union submits that the correct
prevalence is more than sixty percent (60%) of the time.
The P.D.F. (page 8) appears to support the Union's
position: "Operation of VAX/PC/keyboarding 75% of time".
However, at the hearing, the Grievor testified that the
P.D.F. is in error in this respect. She said %hat
approximately forty percent (40%) of her time is spent
"on the computer", not the seventy-five percent (75%)
which the P.D.F. indicates. Her assessment was supported
by Mr. Hoare.
Accordingly, I find that this factor is correctly
classified at Level D3.
(d) Strain From Work Pressures/Demands/Deadlines
The College has rated this factor Level 3: "... moderate
work pressures or demands. Interruptions, changing
deadlines, multiple demands occur regularly but are
usually predictable. Occasionally critical deadlines may
occur".
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The Union has evaluated this Level 4: "... conflicting
work pressures and frequent interruptions in work flow.
Work situation may be unpredictable with shifts in
priorities and occasional critical deadlines".
The Grievor testified that seventy-five percent (75%) of
her work is subject to deadlines. Some of the deadlines
are cyclical in nature, some ad hoc. She testified that
her work is "frequently" interrupted, and that she must
constantly prioritize her work and revise her priorities
as new, more critical, problems appear.
Mr. Hoare elaborated that the Human Services Division is
"unique" at Fanshawe in having more part-time credit
courses than any other division. Because of that, and
because of the nature of the Human Services faculty, he
testified that the Grievor's position is "one of the most
stressful positions" in the College. He confirmed the
Grievor's evidence about the frequent interruptions, and
the constant need to prioritize and re-priOritize her
work in light of changing work demands.
Based on this evidence, I hold that this factor should be
rated Level 4.
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(e) Independent Action
This factor measures the independence of action and
decisions required in the job.
The College has rated this Level 3: "Job duties
performed in accordance with general procedures and past
practice under periodic supervision with occasional
periods of supervisor input or verification ....
moderate freedom to act independently".
The Union has evaluated this Level 4: "Job duties
performed in accordance with procedures and past
practices which may be adapted and modified to meet
particular situations and/or problems. There is
considerable freedom to act independently with supervisor
input or verification when requested".
The P.D.F. clearly supports the Union's evaluation:
"Majority of tasks are self-directed ,.. discussion only
as required ... many aspects of this position require the
incumbent to work independently".
The Union's position was further supported by the
evidence of the Grievor and of Mr. Hoare. The Grievor
testified that she worked on an independent basis, and
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only occasionally was required to obtain direction from
her supervisor.
Mr. Hoare estimated that the Grievor dealt with nine (9)
out of ten (10) issues on her own, and without input from
him. Mr. Hoare said the Grievor had "considerable
freedom" to act independently, and "she is invested with
responsibility to decide important issues within the
Department".
The Grievor brought to the hearing examples of memoranda
she has written on behalf of the Department; I quickly
perused these memoranda, which confirm the oral evidence
and demonstrate adaptation and modification of procedures
and past practices.
The evidence establishes this factor is properly rated
Level 4.
(f) Communications/Contacts
This factor measures the requirement for effective
communication for the purpose of providing advice,
explanation, influencing others, and/or reaching
agreement.
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The College has rated this factor Level 2:
"Communication for the purpose of providing detailed
explanation, clarification and interpretation of data or
information ... occasional involvement with confidential
information ... with minor disclosure implications".
The Union has evaluated this factor at Level 3:
"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 .... regular
involvement with confidential information ... with
moderate disclosure implications".
The Grievor has regular contact with faculty, students,
College personnel, and the general public.
She is frequently called upon to give advice or guidance
concerning departmental programs. She is regularly
involved with confidential information the disclosure of
which would have major repercussions.
Mr. Hoare's evidence confirmed that the Grievor's
communications/contacts goes well beyond the College's
rating. He described this factor in this way: "creative
problem-solving leading to a resolution". He confirmed
13
that she is frequently in possession of confidential
information (eg. student allegations of harassment) and
the disclosure of such information would have important
consequences, including potential legal consequences.
On the evidence before me, this factor should properly be
rated Level 3.
(5) Core Point Ratinq: Mardel Frayne
FACTORS LEVEL POINTS
Training/Technical Skills 5 91
Experience 4 45
Complexity 4 58
Judgement 4 66
Motor Skills D3 37
Physical Demand 2 16
Sensory Demand 3 28
Strain from Work Pressures/
Demand/Deadlines 4 39
Independent Action 4 46
Communications/Contacts 3 88
Responsibility for Decisions/
Actions 3 44
Work Environment 1 10
Total 568
Payband 8
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(6) Decision
The grievance of Mardel Frayne is allowed. I hold that she
has been improperly classified. Her proper classification is
Secretary: Atypical, 568 points, Payband 8.
As requested by the Union, I remain seized on the issue of the
appropriate retroactive date.
Dated at the City of London this ~/~-day of ~~'~ , 1995.
/P-~essor Ian A. Hunter
Arbitrator ·