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HomeMy WebLinkAboutO'Handley 93-01-22 FANSHAWE COLLEGE - and - ONTARIO PUBLIC SERVICE EMPLOYEES UNION CLASSIFICATION GRIEVANCE OF PAT O'HANDLEY JANE H. DEVLIN SOLE ARBITRATOR Appearances for the Col!ege: Peter Myers Saskia Gingrich Sheila Wilson Appearances for the Union: Sandra Kippen Pat O'Handley Louise Watt OPSEU FILE NO.: 92E628 HEARING DATE: January 8, 1993 The Grievor, Pat O'Handley, is currently classified as a Clerk General D at pay band 7 and seeks reclassification as a Clerk Atypical at pay band 9. The parties agreed upon the content of the PDF and the factors in dispute are as follows: Factors College Rating Union Rating Job Difficulty C4 D5 Guidance Received D3 E3 Communications C3 D3 Working Conditions Manual Effort A5 B4 Environmental A5 B5 The Grievor's position entails responsibility for completion of the bi-weekly payroll for a number of groups within the College. In performing this work, the Grievor is required to enter, update and maintain a variety of data on the on-line payroll system. She also processes wage increases and ensures that deductions and premiums are appropriately paid. As well, she is respOnsible for deciding how special situations, such as temporary transfers between staff groups or split assignments, will be entered on the payroll system. In some cases, this will require the Grievor to be in contact with programming staff in order that modifications may be made to the existing system. In 2 addition, the Grievor is responsible for certain manual interventions, including the preparation of pay adjustments and special pays. She also arranges for the recovery of overpayments and corrects errors on employees' payroll records. As well, she ensures that appropriate procedures are followed with respect to garnishees and she prepares and processes payroll documentation involving changes in employment status. With the assistance of the Support Services Officer, the Grievor reconciles various payroll reports and submits a bank deposit report for review by the Vice-President, General Services. In addition, the Grievor advises departmental staff as to proper payroll procedures and responds to inquiries from employees with respect to payroll matters. She also identifies computer system problems which she reports both to her Supervisor, Saskia Gingrich, and to programming staff. The Grievor may then act as a resource in the resolution of these problems. I turn, then, to consider the factors in dispute: 1. Job Difficulty In respect of this factor, the parties disagree as to the rating for both the elements of complexity and judgement. It is the position of the Union that the element of complexity is properly rated at level D which provides that the work involves the performance of varied, non-routine complex tasks that 3 normally require different and unrelated processes and methods. It is the position of the College that level C is appropriate in that the position involves the performance of various complex tasks which include both' routine and non-routine aspects requiring different and unrelated processes and methods. In my view, the rating proposed by the College is appropriate. While the Grievor's job entails the performance of various non-routine tasks, many of the duties relating to the preparation of the bi-weekly payroll are routine in nature. Accordingly, as level D essentially excludes routine tasks, I cannot conclude that a rating at this level is warranted. As to the element of judgement, the Union proposes a rating at level 5 whereas the College contends that the position is properly rated at.level 4. The difference between these two levels relates both to the degree of judgement as well as the nature of the problem-solving required of the incumbent. Having carefully considered the matter, I am not persuaded that the Grievor's job warrants a rating at level 5. In this regard, I find that the Grievor's job duties predominantly require the exercise of considerable, rather than significant, judgement which is consistent with a rating at level 4. Many of the duties relating to preparation of the bi-weekly payroll also involve handling a variety of conventional problems 4 or situations with established analytical techniques which, again, is characteristic of a rating at level 4. Moreover, although the evidence indicates that the Grievor identifies computer system problems, she reports these problems both to her Supervisor and to programming staff. Although the Grievor may then act as a resource in resolving these problems, I cannot conclude that, in this respect, she is involved in refining work methods and techniques to be used which is required for a rating at level 5. In this regard, it is also to be noted that the guide charts indicate that the Clerk General D, which is rated at level 4 in the factor of judgement, "analyzes problems relating to clerical systems and procedures and recommends revisions". This, in my view, is similar to the work performed by the Grievor and, accordingly, does not warrant a rating at the higher level. There is, however, is one task which does appear to require both the exercise of significant judgement and problem- solving which involves refining work methods and techniques to be used which is characteristic of positions at level 5. In this regard, the evidence indicates that the Grievor is responsible for dealing with special situations, such as temporary transfers between staff groups or assignments between departments or divisions which may involve different rates of pay, in which pertinent data cannot be readily or easily entered on the payroll system. In these circumstances, the Grievor must determine the best method for entering the data and, in some cases, it is 5 necessary for her to contact programming staff to recommend modifications to the existing system. Accordingly, although the Grievor does appear to exercise judgement at the higher level when dealing with special situations, nevertheless, it is the core or essence of the job which must be evaluated. As I have found that the bulk of the Grievor's job requires the exercise of judgement which is characteristic of a rating at level 4, I am not prepared to alter the rating in this factor. 2. Guidance Received While the parties agree that the Grievor's work assignments are intermittently or periodically checked for quality, they disagree as to the appropriate rating for the element of guidelines available. The Union claims that the Grievor's position is properly rated at level E in that work is performed in accordance with general instructions and policies involving changing Conditions and problems and the supervisor may be involved in problems of major importance. The College contends that level D is appropriate as work is performed in accordance with procedures and past practices which may be adapted or modified to meet particular situations or problems and the supervisor is available to assist in resolving problems. 6 In my view, both the PDF and the oral evidence indicate that while the Grievor generally proceeds with her job duties, her work is primarily performed in accordance with procedures and past practices which may be modified to meet particular situations or problems. Moreover, it is apparent that the Grievor consults Ms. Gingrich with respect to a variety of matters and, accordingly, it cannot be said that the Grievor's Supervisor is involved only on problems of major importance. Accordingly, the rating in the element of guidelines available shall remain unchanged at level D. 3. Communications The parties agree that for the element of level of contacts, the Grievor's position is appropriately rated at level 3 in that contacts are primarily with.employees at higher levels within the College and with individuals at middle management levels outside the College. They disagree, however, as to the rating for the element of purpose of contacts. The Union takes the position that level D is appropriate whereas the College contends that the position is properly rated at level C. These levels are described as follows: Level D: Work involves contacts for the purpose of problem identification and solution with respect to matters Of considerable importance requiring tact, diplomacy and persuasion. Level C: 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. The PDF indicates that the Grievor is in contact with various outside agencies with respect to payroll matters. As well, she explains payroll procedures to departmental management and answers inquiries from employees concerning deductions and other payroll related issues. Although the Grievor has also had to deal with irate employees in circumstances where she is arranging for the recovery of overpayments, the evidence indicates that, in fact, overpayments are relatively rare. Accordingly, given the purpose of the vast majority of the Grievor's contacts, I find that, in this element, the position is appropriately rated at level C. 4. Working Conditions In respect of this factor, the parties disagree as to the rating for the elements of both manual effort and work environment. Dealing firstly with manual effort, the evidence of both the Grievor and her Supervisor indicates that the position involves lengthy periods of prolonged sitting which, in my view, clearly satisfies the requirements for a rating at level B4 as requested by the Union. As to the work environment element, the Union claims that the position ought to be rated at level B5 as the Grievor is 8 exposed to somewhat noisy conditions more than 60% of the time. In this regard, the evidence indicates that there are two pieces of equipment which are located in close proximity to the Grievor's desk which are relatively noisy. Firstly, there is a cheque printer which operates continuously for approximately one hour each day and may also operate for shorter periods intermittently throughout the day. As well, there is a cheque signer which operates for approximately 15 minutes each day. The Grievor also testified that staff members tend to congregate around the laser printer which is located in close proximity to her desk and that the noise level makes it difficult for her to concentrate. It is the position of the College that it is not appropriate to rate the noise created by other staff members and that, given the Grievor's work setting, her position is properly rated at level A5. In my view, some noise distraction can be expected in an office setting although, in this case, the Grievor suggested that the noise level is excessive. It does not appear, however, that the noise is created by other staff members in the performance of their job duties and, in the circumstances, I am not satisfied that the noise of other staff justifies a rating at the B level. As to the cheque printer and cheque signer, the evidence indicates that this equipment is somewhat noisy and 9 considering the amount of time the equipment is operating, I find that the position is appropriately rated at level B3. In summary, then, in respect of the factors in dispute, the correct ratings are as follows: Job Difficulty C4 Guidance received D3 Communications C3 Working Conditions Manual Effort B4 Environment B3 Based upon these rating, the total points for the position increase from 497 to 508. This, however, does not result in a change in payband and, accordingly, the grievance of Ms. O'Handley must be dismissed. DATED AT TORONTO, this 22nd day of January, 1993. Sole Arbitrator ARBITRATION DATA SHEET - ~UPPORT STAFF CLASSIFICATIONS FANSHAWE Patricia 0'Handley COL/.EGE INCUMBENT Clerk General D PRESENT CLASSIFICATION AND PAYBAND 7 SUPERVISOR Saskia Gingrich JOB FA/MILY AND PAYBAND REQUESTED BY GRIEVOR Clerk - Pay Band 9 POSITION DESCRIPTION FORM: 1. Position Description Form Attached 2. ~X~ Par~ie~ agree on contents of at=ached Position Description Form F-~ Unio~ disagrees wi~% con~en=s of attached Position 0escrip=ion Form SPECIFIC DETAILS OF THIS DISAGREEMENT ARE AS FOLLOWS: (USE REVERSE 'SIDE IF NECESSARY) AWARD I Management Union Arbitrator ELEMENTS I Rating JOB DIFFICULTY r~' C4 { 144 D5 {194 C4 144 :O~I~TIONS ~ 'C3 ~ S4 D3 109 03 S4 ~OW~DGE T~ININS/~X~NCE } D4 ~ 90 D4 90 D4 90 SKILL ] 3 ~ 34 3 '~ 34 3 34 TOTAL POINTS { 497 614 508 PAYB~D ~BER ~ 7. 9 7 A~AC~D ~I~EN SUB~MSIONS: ~ The Union ~ The College (Optional) $!GNAT~E$: F0~ TH~ ~ION FOR ~NAGEMENT (Union R~.F/ (Da:a) January 8, 1993 January 12, I993 ARBIT~TOR~,'M ~: ~ %~ ~ing...~0a:~ Award 0a:a