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HomeMy WebLinkAboutWatt 93-07-09 BETWEEN: FANSHAWE COLLEGE - and - ONTARIO PUBLIC SERVICE EMPLOYEES UNION CLASSIFICATION GRIEVANCE OF LOUISE WATT JANE H. DEVLIN SOLE ARBITRATOR Appearances for the College: D. Brent Labord Peter Myers Gita Anderson Sheila Wilson Appearances for the Union: Jean Crawford Louise Watt Sandra Kippen OPSEU FILE NO.: 92G349 ~EARING DATE: JUNE 25, 1993 1 The Grievor, Louise Watt, is classified as an Early Childhood Education ("E.C.E.") Worker B at pay band 8 and seeks reclassification as an E.C.E. Worker atypical at pay band 10. The parties disagree on one aspect of the P.D.F. which relates to the description of independent planning and judgement required in the position, which appears under the heading of Guidance Received. Although this particular factor is not in dispute, the parties disagree as to the appropriate rating for the factor of job difficulty, one of the elements of which is judgement. The factors in dispute and the ratings proposed by the respective parties are as follows: Factor Coll~ge RatiDg Union R~ting Job Difficulty C4 C6 Communications C2 E3 Working Conditions Manual Effort C5 D5 There are 4 Day Care Centres at the College which are attended by children ranging in age from 3 months to 6 years. The children are divided into groups based upon age and development and, for each group, there is a specified ratio of staff to children. The Grievor works exclusively with pre-schoolers at the Day Care Centre on the main campus where there are 19 staff and 98 children. The Manager of the Centre is Gita Anderson and there are two Assistant Managers; namely, Carmella Vecchio and Helen Glaven. Although the bulk of the evidence focused on the duties and responsibilities carried out by the Grievor, the parties agreed that if the Grievor were to be successful in her claim for reclassification, the higher rate would be paid to all employees occupying the same classification. Accordingly, and particularly when considering the factor of manual effort, it is necessary to examine duties performed by staff members working with children of different age groups. Turning then to the general job duties, as an E.C.E. Worker B, the Grievor is required to provide a safe, stimulating and healthy environment for the children to whom she is assigned with a view to promoting individual growth and development. For this purpose, she is involved in planning, implementing and evaluating programs appropriate to the particular age group with which she works. In carrying out her duties, she is also required to comply with a variety of policies on subjects such as sanitary practices, safety and emergency procedures and medication administration. There is also a behaviour management 3 policy which sets out the appropriate methods of discipline as well as the measures which are prohibited. As well, there is a policy with respect to toilet training and another which deals with the procedure to be followed in the event that a parent who is inebriated attempts to pick up a child. In some cases, compliance with these policies and procedures also requires the completion of various forms and reports. In the course of her work, the Grlevor also communicates with parents with respect to a variety of matters relating to each child's behaviour andldevelopment. In addition, she supervises rest periods which may involve developing innovative strategies for children who have difficulty sleeping; she also serves and supervises both lunch and snacks. As well, she directs, instructs and evaluates students assigned to the Day Care Centre for the purpose of gaining practical experience. As to problems encountered by the Grievor in the course of her work, she testified that at times, she has to deal with behavioral or emotional problems which may involve removing a child from the group. She explained that this must be done in such a way as to avoid negatively affecting other children and may also require some modification to the program. Moreover, while serious behavioral problems are evidently reported to Ms. Vecchio, it would appear that, within prescribed parameters, the 4 Grievor generally determines which disciplinary technique is appropriate in the circumstances. On occasion, the Grievor also deals with complaints from parents and takes appropriate action when parents fail to follow procedures established for the Day Care Centre. While in many cases, there are policies which dictate the action to be taken, it is up to the Grievor to determine whether such action is warranted in the circumstances of the particular case. As well, the Grievor must provide direction and guidance to students and at least on one occasion, had to counsel a student who engaged in conduct which was inappropriate in a day care setting. Prior to considering the factors in dispute, it is necessary to deal with a submission of the College to the effect that as the Grievor is performing the usual or customary duties of an E.C.E. Worker B, the guide chart method rather than core point rating ought to be used to evaluate her position. It is noteworthy, however, that in certain respects, both parties submit that the Grievor's position is atypical. For this reason, I find that the appropriate method of evaluation is core point rating. It is necessary then to consider the factors in dispute: 5 1. Job Difficulty In this case, the parties agree that in respect of the element of complexity, the position is appropriately rated at level C. They disagree, however, as to the rating for the element of judgement. In this regard, it is the position of the Union that level 6 is appropriate in that duties performed require a high degree of judgement and problem-solving requires adopting analytical techniques and the development of new information in respect of various situations and problems. It is the position of the College, on the other hand, the element of judgement is properly rated at level 41as duties require a considerable degree of judgement and as problem-solving involves handling a variety of conventional problems, questions or situations with established analytical techniques. There is no doubt that, as with other Day Care Centres, the Centre at which the Grievor works is highly regulated. In this regard, there are certain policies, such as those which deal with cleaning and disinfecting, diaper changing and medication administration, which specify in considerable detail the procedure to be followed. There are other policies, however, which are more general in nature and, in my view, the behaviour management policy, in particular, is one which calls for the exercise of significant judgement. Moreover, in dealing with behavioral difficulties, making decisions with respect to 6 the application of discipline and in certain dealings with both parents and students, I find that the Grievor engages in problem- solving beyond that contemplated by level 4. Nevertheless, I am not persuaded that she engages in problem-solving which involves "the development of new information on various situations and problems" which is characteristic of a rating at level 6. Instead, I find that, in the element of judgement, the Grievor's position is properly rated at level 5 in that duties involve the exercise of significant judgement and problem-solving can be said to involve refining work methods or techniques to be used. 2. communications The parties disagree as to the rating for both the level and purpose of contacts. As to the purpose of contacts, the Union takes the position that level E is appropriate in that work involves contacts for the purpose of securing understanding, co-operation or agreement on sensitive or technical matters of significant importance where more than average tact, diplomacy and persuasion is required. It is the position of the College that level C is appropriate in that work involves contacts for the purpose of providing guidance, instruction or technical advice or for the purpose of explaining various matters by interpreting procedures or policy. 7 On occasion, the Grievor may be required to deal with a student who is hostile or with parents who are angry or upset and in some instances, she may be required to exercise tact, diplomacy or persuasion. In my view, however, this does not occur with sufficient frequency to justify a rating at the higher level. Instead, I find that the Grievor's position predominantly entails contacts for the purpose of providing guidance or instruction or for the purpose of explaining various matters by interpreting procedures or policies, which is consistent with a rating at level C. As to the level of contacts, Union contends that the Grtevor's position ought to be rated at level 3 whereas the College contends that level 2 is appropriate. These levels are described as follows: Level 3: Contacts are primarily with employees at higher levels within the College and with individuals at middle management levels outside the College. Level 2: contacts are primarily with employees at · comparable or lower levels within the College or with individuals below middle management levels outside the College. In respect of this element, the Grievor testified that her contacts are primarily with the children, other staff members, students and parents. She also has daily contact with her supervisor, which generally involves approximately 20 minutes each day. On a less frequent basis, she has contact with the 8 Field Practicum Manager and the Director of the E.C.E. program concerning students' progress. As to external contacts, apart from parents, the Grievor is in contact with various groups to arrange for field trips or guest speakers. From time to time, she and the Resource Teacher also meet with representatives of outside agencies concerning children with special needs. As pointed out by the Union, in accordance with the guide chart, the position of E.C.E. Worker B is rated at level 3 in the element of level of contacts. Nevertheless, based upon the evidence as to the Grievor's primary contacts, I am unable to conclude that a rating at this level is warranted. Instead, I find that in this respect, the Grievor's position is atypical and properly rated at level 2. 3. Working ~onditions It is the position of the Union that the Grievor and other incumbents of the E.C.E. Worker B classification are continuously required to perform work involving heavy manual effort and physical exertion with the result that the position should be rated at level D5. It is the position of the College that the appropriate rating is level C5 in that duties entail moderate manual effort and physical exertion. 9 In respect of manual effort,, the evidence indicates that, on a daily basis, the Grievor or another staff member is required to push a heavy food cart from the kitchen, down a hallway to the pre-school wing, a distance of some 50 feet. There is evidently another cart for trays which is not as heavy but, according to the Grievor, is also awkward to manoeuver. A smaller trolley is used to carry meals for children in the toddler and tweenie groups. In any event, every second week, the Grie¥or and another staff member also share responsibility for moving 2 carts (one containing 24 cots and the other containing 12 cots) from a cupboard off the pre-school wing in order that the cots may be set up for the children's afternoon nap. On occasion, children who misbehave and have to be removed from a group refuse to walk and must be carried by a staff member. As well, staff members working in the toddler area frequently lift children weighing up to 30 lbs. on and off change tables for the purpose of changing diapers. Staff in the toddler area also take children for walks using a buggy which can accommodate 6 children at a time. Ms. Anderson testified, however, that she has used the buggy and that it is not partiaularly difficult to manoeuver. In my view, while the position in question may involve a degree of heavy manual effort, it predominantly involves 10 moderate manual effort and physical exertion with the result that the position is properly rated at level C5. In summary, then, in respect' of the factors in dispute, I find that the position is correctly rated as follows: Job Difficulty C5 Communications C2 Working Conditions Manual Effort C5 Based upon these ratings, the total points for the position increase from 519 to 541. As this does not result in a change in pay band, however, the grievance of Ms. Watt is dismissed. DATED AT TORONTO, this 9th day of July, 1993. Sole Arbitrator A__RSITRATION 0ATA SHEET - SUPPORT STAFF CLASSIFICATIONS ,cor.r.~GZ FANSHAWE INCUMBENT Louise Watt PRESENT CLASSiFiCATION Early Childhood Education Worker B 8 B. Andersen AND PAY=_A~WD SUPERVISOR /OB F.~_MiLY AND PAYBAND .REQUESTED BY GR!--VOR E.C...E. Worker - Pay Band 10 POSITION DESCRIPTION FORM: 1. Position Description Form Attached 2. ~ Par~ies agree on con~an~s of a~ached Position Description Form [ I Union disagrees ui~h con=en~s of at:ached Position Description Form SPECIFIC DETAILS OF THIS DISAGREiME}~ AR~ AS FOLLOWS: (USE REVERSM SiDE IF NECESSARY) AWARD Management Union Arb itr~tor ELE~NTS Ra~ing I P~s. Ra~inq Pts. Ra~ing Pts. Jo80IFF%CULTY . 'C4 1144 c6 188 c5 166 - GUi DAI~CE .RECEIVED C4 1124 C4 124 C4 124 CO MI~LrNI CAT! O NS C2 I 71 E3 135 C2 71 FI~OWr,wDGE T.RAINING/EXPE.R~ENCE C5 t 91 C5 91 C5 91 SKILL 4 I 47 4 47 4 47 CONDITIONS VISUAL A5 i 3 A5 , 3 A5 ..3 E.NVTRO NMENTAL C4 TOTAL .=OLNTS 519 639 541 i ?AYBA/~D NUMBER 8. 10 8 [7 i The Union Tke College (Op~i~na!) S V_GNATUREM: FOR _..~ UNION FOR .MANAGEMENT (Griever) CDa~a) (Da:a) (Uni=n Re=.) Ju~e 25, 1893 July 9, 1993 T?-~T~'R ' S 2a~-= .k'-'a r~ ~a~a