HomeMy WebLinkAboutKorhonen 92-12-15 IN THE MAT~ER O~ AN A~BITRATION
BE~EN:
F~S~ CO~EGE
{Hereinafter referred to as the College)
0~I0 PUBLIC SERVICE E~LOYEES~ UNION
(Hereinafter referred to as the Union)
~ IN THE ~ER OF ~E GRIEV~CE OF ~UREEN~KORHONEN (OPSEU 92E021)
~BIT~TOR: G~il Brent
~PEA~CES:
FOR THE COLLEGE: P. Myers, Asst. Director H~an Resources
S. Wilson, Human Resource Officer
Richard Matear, Chair Community Programs
(Elgin 6 Middlesex)
FOR THE UNION: Sandra Kippen, Ohief Steward
Maureen Korhonen, Grievor
Jim Phillips
Hearing held in London, Ontario on December 8, 1992.
DECISION
This dispute arises out of a difference between the parties regarding
the rating to be given to the wrious elements of the Atypical Support
Services Officer position under the job evaluation system for O~T Support
Staff.
The parties have a~reed upon the contents of the Position Description
Form which is attached hereto as Appendix I. They also a~ree upon the rating
to be given the Elements "Guidance Received" and "Working Conditions-
Environmental" under the system. They do not agree on the ratings to be given
any of the other elements.
2
By way of background, I was told that in 1987 the position was originally
outside the bargaining unit, and that the exclusion was successfully chal-
lenged by the Union. Accordingly, the job moved into the bargaining unit
retaining many duties which the incumbent described as being "administrative"
in nature.
Before considering the factors, I would like to say something about the
"Illustrative Classifications" which are included in the various matrices.
This is not a "benchmark" system; the parties have in Section VII, page 3 of
the manual set out specific instructions regarding the use of "Illustrative
Classifications". They are set out below:
Illustrative classifications are used to exemplify the degrees of
each factor element.
The rating matrices show illustrative classifications for most
degrees. These illustrative classifications are an integral part of
the point rating plan and are to be used to ensure consistency in
the application of the plan.
Job Difficulty
According to the manual "[t]his factor is used to measure 'the difficulty
of the job in terms of the complexity of the work and the judgement required
in solving problems"
The Union's position is that the job should be rated F7 under the plan.
The College's position is that the job should be rated E6 under the plan.
The "Complexity" descriptions for the E and F ratings are set out below:
E
Work involves the performance of non-routine and relatively unusual
tasks that may require the application of specialized processes or
methods.
F
Work involves investigating and resolving a variety of unusual
conditions. Problem-solving requires adapting analytical technique
and development of new information on the probl.em condition.
3
The "Judgement" descriptions for the 6 and 7 ratings are set out below:
6
Duties performed require a high degree of judgement. Problem-
solving requires adopting analytical techniques and development of
new information on various situations and problems.
7
Duties performed require a very high degree of judgement. Problem-
solving requires originating new techniques and utilizing them in
the development of new information.
On the "Complexity" scale I find that the College's rating of E is more
accurate than the F rating sought by the Union. The position does not require
the "investigating and resolving a variety of unusual conditions" or the
problem-solving described under factor F. It does require the performance of
non-routine and varied tasks each of which requires different skills;
however, the complexity does not approach the level which I think is described
in F.
The "Judgement" scale presents some difficulty. It is clear after
reading the job description and hearing the position described that it
requires the exercise of a considerable degree of judgement, including
considerin'g when exceptions to existing rules can and should be made. It is
also involved with the development of new courses which may or may not require
knowledge of a technical nature. Although it is often difficult to find a
comfortable fit when one is trying to fit the core functions of a job into a
general description, I believe that because of the curriculum development
responsibilities and the high degree of independent judgement required of the
position that the ? rating is the more appropriate.
I award the rating of E7 for Job Difficulty (270 points).
4
Communications
The manual defines this factor as "used to measure the requirement for
furnishing, obtaining or exchanging information, providing explanations,
influencing actions and/or reaching agreement with others. It considers the
reason or purpose for the contact, the level of individual(s) contacted and
the requirement of tact, self-control, diplomacy and persuasiveness in
communications". It also directs raters that "[o]nly those contacts that
occupy a significant portion of time and are a regular and integral part of
the job should be taken into consideration".
The Union's position is that this factor should be rated E4.
The College's position is that it should be rated E3.
On the "Communication Matrix" level E of the "Purpose of Contacts"
element is defined as follows:
Work involves contacts for the purposes 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.
The parties agree that that is the appropriate level for this job. Their
difference arises when considering what to assign for the "Level of Contacts"
element. Set out below are the definitions for levels 3 and 4 under that
element:
3
Contacts are primarily with employees at higher levels within the
College and with individuals at middle management levels outside the
College.
4
Contacts are primarily with employees at senior management levels
within the College and outside the College.
I believe here that the emphasis should be on the choice of the word
"primarily" in describing the "Level of Contact" as well as the direction that
5
"[o]nly those contacts that occupy a significant portion of time and are a
regular and integral part of the job should be taken into consideration" when
trying to assign the appropriate rating here. I think that the level of
external contacts is not primarily with "senior management", but rather with a
variety of people at various levels including "senior management", students,
middle management, the general public, etc. Therefore, I would have to agree
with the College that a rating of 3 is more appropriate.
I award a rating of E3 for "Communications" (135 points).
Knowledge - Training/Experience
According to the manual the Knowledge "factor is used to measure skill,
training and experience required to understand and perform the duties and
responsibilities of the position. It considers the level and breadth of
skills required within the discipline or disciplines associated with the job
and the minimum amount of formal training and practical experience to
undertake the job responsibilities". Raters are cautioned not to rate the
incumbent but the minimum requirements of the position.
The Union's position is that the position should be rated E7.
The College's position is that it should be rated D6.
The appropriate "Training/Experience Elements" along the "Knowledge
Matrix" are defined as follows:
EXPERIENCE
D
Up to five years of practical experience.
E
Up to eight years of practical experience
TRAINING
6
Required skills normally acquired through attainment of a three year
6
Community College diploma or equivalent.
7
Required skills normally acquired through attainment of a four year
university degree or equivalent.
The parties themselves have agreed in the job description that five years
of related practical experience is the minimum requirement for the job. They
have also agreed that a "College Diploma/Degree or related business ex-
perience'' is the minimum level of formal training required. Given that, I
must agree that the D rating for Experience is the appropriate one and that
the 6 rating is appropriate for Training. Level D includes five years of
practical experience and that it would be inappropriate to add the practical
experience to the years needed to complete a three year diploma in order to
try to determine the experience rating.
I award the rating D6 for "Knowledge - Training/Experience" (118 points).
Knowledge - Skill
The Union's position is that this should be rated at level 6.
The College's position is that it should be rated at level 5.
The definition for the appropriate levels are set out below:
5
Work requires the ability to organize complex statistical informa-
tion and to understand and apply elementary principles of a
scientific or professional discipline. May operate very complex
electronic instruments, laboratory or computer equipment.
6
Work requires the ability to understand and apply complex principles
of a discipline such as mathematics, computing science etc. Designs
testing procedures for repetitive application, conducts standar-
dized scientific studies and performs statistical and other problem
analyses.
The skills required for this position as set out in the job description
do not fit easily into either of these definitions. To the extent that it is
of any assistance, the Support Service Officer D is given a rating of 6, and
7
in the CAAT - Evaluation Guide Chart for the Job Family Support Services
Officer describes the "Summary of Responsibility" and "Typical Duties" of that
position as follows:
SUMMARY OF RESPONSIBILITY
Position incumbents are charged with the responsibility of develop-
ing and marketing college programmes to the outside community using
a high degree of independent judgement. Liaison functions are
normally of a proactive nature involving generation and procurement.
TYPICAL DUTIES
- Identifies requirements of outside groups for college
services and develops programs to meet these requirements.
- Markets college capabilities to outside community.
- Develops detailed training programmes to ensure adherence
to original objectives.
- Acts as a public relations resource when representing
college.
I therefore disagree with the College's argument that all of the
illustrative classifications at level 6 present inappropriate comparisons.
However, I am still not completely comfortable with the fit provided by either
level 5 or 6. Under the circumstances, and given the sorts of analytical and
problem solving skills described in the job description I believe that level 5
is an appropriate rating because I see nothing in either the Job description
or the incumbent's description which would lead me to conclude that there is
a core requirement to apply anything other than "elementary principles" of any
discipline.
I award the rating 5 for "Knowledge- Skill" (61 points).
Working Conditions - Manual Effort
The Working Condition Factor as a whole is defined as a factor that "is
used to measure the nature of the position's working conditions which are
considered disagreeable or unpleasant and the frequency of exposure to such
conditions. It considers the amount and continuity of physical exertion and
strain associated with performing the job responsibilities; the effort
8
required to maintain visual concentration and focus on small areas or objects;
and the exposure to unpleasant work surroundings such as heat, cold, dirt,
excessive noise or potentially hazardous conditions".
The Union claims that the appropriate rating is C3.
The College claims that the appropriate rating is
Since the difference between the parties regards the "Manual Effort"
component rather than the "Prevalence" component, I will set out only the
definitions for the levels in dispute:
B
Work requires light manual effort and physical exertion egs.
prolonged standing, sitting, walking, climbing stairs, using light
tools and/or handling light weight materials.
C
Work requires moderate manual effort and physical exertion egs.
climbing or working from ladders, using medium weight tools and
machines and/or handling medium weight materials.
When looking at the job as a whole, while there are instances when what
may be called "medium weight materials" are handled, it would appear that B is
the more accurate description of the job's primary functions.
I award the rating Of B3 for "Working Conditions - Manual" (7 points).
Working Conditions - Visual Strain Element
The Union claims that the appropriate rating is C3.
The College claims that the appropriate rating is B3.
The relevant definitions for "Visual Strain" upon which the dispute is
centred are set out below:
B
Moderate visual concentration required. Required to focus on small
areas or objects for short periods of time, i.e. up to one hour.
C
Considerable visual concentration required. Required to focus on
small areas and objects for up to two hours at a time.
9
Neither in the job description nor in the other submissions that I heard
was it made clear that the position requires anything other than the sort of
visual concentration that is described in B.
I award a rating of B3 for "Working Conditions - Visual" (7 points).
Conclusion
It is my award that the following ratings and points should be given to
the elements of this job:
Job Difficulty E7 270
Guidance Received E5 200
Communications E3 135
Knowledge - Training/Experience D6 118
Knowledge - Skill 5 61
Working Conditions - Manual B3 7
Working Conditions - Visual B3 7
Working. Conditions - Environmental C3 15
TOTAL POINTS 813.00
PAYBAND NUMBER 13
Since the College's original rating of the position was 789 points at
Pay Band 12, I therefore order that the position be reclassified according to
the above table and that it be paid at Pay Band 13 with appropriate retroac-
tivity and such other adjustments that are necessary to make the grievor
whole. I will remain seized of the matter should the parties be unable to
agree on what is to be paid to the grievor.
DATED AT LONDON, ONTARIOTHIS 15TH DAY OF DECEMBER, 1992.
Gail Brent
HRSP215RPT Ref 9 : E8-SSO-S-J Date : 5-MAY-1992 Page : 001
Position Title and Department:
program Manager, Mi~sex County,
Approved by (Dept. Head N~= and Date):
R. Mateer- April 1, '92
Cla-qsificatic~l & D~te:
A. POSITIfl~ SUMMARY - Su~'~arize the overall purpose of the position and why
it exists. 5his should be a concise description of the total position. Include
~y the most significant aspects.
U~e'f broad directicn of the Chairperson, O .... ~_ity Pro~3~ Divisi~ -
Elgin a~ Mi~l~lesex, tl~ {no-N~nt is respc~s~hle for planrdng,
de~/oping, dmsigp~og, co-o~Upati~g, --~keting, ~r_~dng, bu~mtiog,
-~nt~ning ar~ ~,~l~,.,~ing over 160 part-t~-~ r, ma-credit and career
Mir~lesex County to r _=es~ to a variety of o..~.-.-%ity training r~-cds;
liai~n with area advisory o.~'.~;ttees, o_....~ity groups, goveu-,~t'
agencies, local b~.~r~ss ~n~ irish, etc. incl,-~g the hiring of
instructors, supeswisors, and part-~,~ support $~af-F, provisi~ of
equiu~nt, etc. The ~ is respc~-q~h]e for mam~ging t~ office
the prog~,- area.
HP~P215RPT Fage. : 0~2
B. I/3TIW-~ AND RESP(/X~IBILITIES - Indicate as clearly as possible the
significant duties ar~ responsibilities associated with the position. Keep
sentences short, $(~le and to the point. Describe duties rather than
work routines. Indicate approximate percentage of ti_me spent annually for
each duty. To help you estimate approximate percentages:
1/2 hr/da is 7% 1 hr/wk is 3% 1/2 da/mo is 2% 1 wk/yr is 2%
1 hr/da is 14% 1/2 da/wk is 10% 1 da/mo is 4% 1 mo/yr is 8%
Duties and Responsibilities Approx. %./yr
1. Negotiate ar~ l(_~j~e with advisor~ o: ..... ;tt~, 65%
busJ_r~_~s and ir~-try, o ..... ~ity groups, boards of ec~ticm,
gov~',".,--,L a~es, etc. to set up over 160 courses/
progr-ams/~nars in Mir~I]es~x ccxa~ty inc~,Mi~g the
recrui~-nt, hirirg, tr~(nirg ar~ evaluatim of instructors,
night scf~ol supervisors, ~ part-time, support s~mf-F;
curricul~ dev~l~; cc~~ for r~cessary
trm~ning of f~,l 1-~-i.~ ~ r--l~ef support s~mf-f and make
r~_~i.,.,~]atic~s to tt~ Chairpersc~ regarding the process
mx1 operaticm of the dep?_~, etc.
.;. Marketing, pr~-ntic~, ~,~]~-~ntatic~, c~ml~ty cc~trol 10%
and evaluaticm of c~arses.
3. Respc~h] e for prepszirg required budget data by 10%
projecting, for bud~3et purposes, costing of pr~,
decisic~ packages, r~w program proposm_ 1-~, etc.
4. ~tivate vol~teer top-hers of tt~ local ~ ..... w~ity 10%
advisory o-.,,,,;ttees and ~=et with th~- re~,]arly to
programs. Also serve as pr~,~ry cc,-~tact person with
5. Counsel s~__-~nts, ~--,:~rs of the general public mx1 3%
potential s~]~nts about course selecticm, prerequisites,
etc.
6. o~ate k~w~ed~ to keep up with ~y d~ging 2%
HRSP215RPT Page : 003
C. JOB DIFFICULTY - ~his sect/on provides Lnfo~mat/on on the difficulty of the
job in terms of the c~plexity of the work ar~ the jud ~g~nt required.
1. Provide examples which illustrate the c~mp~lexity and diversity of the t~sks
which are assigned to the position.
c~ntres to meet o-..~:-lity ~Jds incl,wt~ng needs anals~is; -~rket ar~ pr~nte
ccurse/progr--~; set a ~r m~rket valLle; set up curricul~ ar~ lean~ method
design; hire, train and evaluate instructors, area supervisors a~d pert-t~
clerical support; c~ntract and set fees for appropriate f~]~ties, equ/r~nt,
for constancy chan~, addir~, etc. t~ c~urse/p~ uffered each tern to
attract r~w registrants, l~ible for creatin~ cc~gruer~ in pro~..~ that
hav~ ~rcus spc~sors, i.e. Fanshaw~ C~]]ege, Heart & Stroke Fcu~tic~,
Ministry of Health, etc.
~ incumbent is t~ pr~,mry Fanshaw~ Colleg~ ~ for M/~Hlesex county ar~,
tt~refore, ~-~t ~e proacti%,~ in prompt/rig C~x~H~ w~w~ticn courses/programs
ccnc~nt_~ted att~utic~ and sensitivity to t/~ m~mces of v~bal ar~ written
~ inom4nent is respc~mible for ,~itor/ng ar~ prepar/ng budget data as
required, projecting i~arly targets by tern, preparing reports for se~m .~wl~ th
review ar~ as required incl,wt~ng decisicm package~
2. Provide examples of typical probl~ solved by the incumbent.
instructors at t/~ ~ that are w~_l I rece~-iv~d by t~ psrticipants and to
mc~_itor these pr~ from a distance.
To take an idea for a c~urse ~hich may be as little as a poss~hl e course title
ar~ develop it ar~ ~-?]~=nt it into a viable course including curriculum,
Resolve instructors' pay W--,~s ar~ ~tch instructors to an appropriate pay
scale.
P~solv~ crm~la~nts frcm students re course instructor, locaticn, fees, etc.
Eesolv~ queries for refunds outside of r~,,,~l Colleg~ policy guidelines.
P~solve budget discrepancies. Ensure ~aea~l~es are met to ,facilitate .~noth
running of ~1 l programs ar~ managing the of-~c~. ~
HP~P215RPT Page : 004
D. ~ ~ - ~his section describes the guidance available to the
position in the fora of direct supervision and documented procedures.
1. What kind of instructions are required at the beginning of a typical ~rk
assigr~nt?
Free to proceed with dnties. Written or v~rbal instruct/cms, i.e.
__de~r~, given for special projects.
2. Describe the documented procedures that are available to serve as guidelines
for typical w~rk assi%~.~_nts and indicate how often they are referred to.
College policies and C.E. proce~_ ,res
Interr~l acc~m~ proc~k~es
l%~ferred to as required.
3. H[~ REGULARLY is the position's ~Drk checked? (e.g. several t~m=s ~l~ly, in
process, w~ekly or on cc~pletion of the project, monthly). Describe H[~ the
work is reviewad (e.g. detailed review, by exception, by report, by discussion).
(klgoirg w~rk reviewed by ~(x~, through discussic~, as required.
4. What typical problems are normally referred to the position's Supervisor -
for solution?
Major budget i~-~ - i.e. decision packages
Major policy pr~]~,~ with external ag~nci~
H~SP215RPT Page : 0~5
E. C~qMLIVICATIfl~S - ~l~is section provides information on the nature and level
of position's internal and external contacts. ("Internal" refers to contacts
within the College; "external" refers to organizations and indivic%~]s outside
the College. ) Sunm~rize, in order of ~ ~mportance, the typical contacts which
are a normal part of the position's duties, the nature or reason for the
contacts and the frequency of such contacts. (D=Daily; W=Weekly;
M=Monthly; I=Infrequently)
1. Internal C~ntacts Reason for Contact Fre~
**************************** ****************************************** ,.~
fl~air, faculty Co-ordinati~ of pro~,~,~ D
Co-workers Assis~-,~L of duties D
Ot3~r Divisions Co-ordinatic~ of programs D
Manager, Public l~_lati~s I~leases, public relati~x~s M
/~x~3~chasing Set-up accounts, bxk3et prnh~ M
Colleg~ Store Purchase of m~terial a~d pr~] ~,~ M
VP, Dean, Director, Budget, info,',~ti~ sharing M
(~ rpersc~s
General Services Insurance - special c~t~ct letters M
2. External C~ntacts Reason for Contact Freq.
Sh --l~r~ts Couns~ 11 i n~3 D
Faculty, supervisors Info .... tim re programs D
Advisory c-~te. Cb~ rs Co-ordinatic~ of pro~ D
CEO' s, ~ ~c3~m2~%y pres. i~visory t~'-..-; L-t~esw M
C~x~pany presidents, etc.Bu~/ir~u~ M
Provir~al Ministries Co-ordinatic[l of pr~ W
Boards of ~tic~, Fail,ties, equilnnent, co-ordinatic~ W
Directors, Princi?] -~
Oxu~Lltants, Business, ~ds asse~, ccr~ultir~ M
Gov~u-,~tt aw~lies Lia~-~xl, pa~,'~rships M
Local politicians, MPP Co-ordinatic~ of programs M
Director of wr~,~tic~, Liaisc~, pa~'h~erships M
Hospi~] -~, Cancer Centre
HRSP215RPT Page : 006
1. Indicate the miniaum amnunt of practical work experience required to
perform this job.
2. Indicate the minim_~ level of academic or formalized training required to
undertake the duties of this position.
College Dipl~/Degree or related busir~ss e~perier~.
3. Specify the particular skills and abilities required to ~erform th~ duties
and resl:cnsibilities of the position.
G. SUPPL~{~L DATA - Provide any additional information which will serve to
enhance understar~ng of the position.
~ major thrust of this positic~ is the provisi~ of night
~]~ Craig, D-]~ware, Dorchester, Glenn,e, Ildert~, r~.~eth,
mb] e to w~rk ur~r pressure ar~ a __cc~] ~ sha great deal of
de~iled work in a short period of t(~_. Ccl~tirnml c~llencjes
_ccrce__nting student, $~-6f ar~ faculty pr~l~.~. Significant
d~,~,-~ cn perscnal t~.~ for travel ar~ mam~g/~-~_ks~d activity.
HRSP215RPT Page : 007
H. ~DRKING Cfl~DITI~ - ~his section provides information on the nature of the
position's working conditions. Please ir~licate if none of the conditions
described below characterize the position's normal work envir~t.
1. Describe any mar~3_a! effort (such as prolonged star~ng, sitting, walking,
straining, pulling or liftJ_ng) which results in fatigue. Indicate the
percentage of time this effort is required, i.e. less than 10%, 10-25%, 26-50%,
more than 50% of the time.
No,,,~] off~ ce erm-ir,-m~nt
~ryin~ hm~s a~ materials etc. - 10%
2. Describe any aspects of the job which may potentially create vis,~! strain.
Indicate the percentage of time. position is subjected to these aspects.
Use of ~- 10-25%
3. Describe any disagreeable or unpleasant work cc~ditions to which the
position, by its nature, is exposed (such as exposure to the elements, noise,
heat, cold, dirt or potentially hazardous conditions). Indicate the percentage
of time the position is subject to these elements.
No,~.~l, ~ of~:~ce envir~.,~%t. (kx~i~l~-rable c~_r ~ is required
~3ring winter/~drg periods in t/~ Mi~ esex County area - 20%
Significant d--,-nd cn persc~al ~-~. for ~ and ~ WOrk.
! 4 ARBITRATION DATA SHEET - SUPPORT STAFF CLASSIFICATIONS
FANSHAWE Maureen Korhonen
CO LL~G w- INCUMBENT
PRMSENT CLASSIFICATION Atypical. Support Services officer
AND PAYBAND 1 2 SUPERVISOR Richard Mateer
JOB F.~M!LY AND PAYBAND R_EQUESTED BY GR!EVOR . pay Band 14
POSITION DESCRIPTION FORM:
1. Position Description Form Attached
2. ~ Parties agree on conten~s of a~ached Position Description Form
i Union disagrees wi~h con~an~s of a~ached Position Description Form
SPECIFIC DETArLS OF THIS DISAGREEMENT .%2~E AS FOLLOWS:
(USE P. EVERSE SIDE IF NEC~SSA.RY)
AWARD
Management Union Arbitrator
ELEMENTS Rating Pts. Ra~ing Pts. ~Ratinq Pts.
IJOS E6 246 F7 300
DIFFICULTY
~?0
GUID~CE ~CMIVED E5 200 E5 200
CO~ICATIONS 'E3 135 E4 150 ~ ~ ~%~
~OW~DGE T~INING/EXPER~ENCE D6 1 1 8 E 7 146
SKILL 5 6 1 6 75
WO~K!NG M~AL B 3 7 C 3 15
CONDITIONS VISUAL B 3 7 C 3 15
' E~IRONMENTAL C 3 15 ~ C 3 15
TOTAL POINTS 789 ~ 916
PAYB~D ~BER 1,2 ~ 14
A~ACS~D ~%~EN SUBMISSIONS:
~ ~ The Union
~ · The Col!e~e (Op~icna!)
SIGNATURES:
~ . ~ He-~ Oaua~ Award Dace