HomeMy WebLinkAboutNovinka 92-12-07I'N THE .MATTER OF AN EXPEDITED CLASSIFICATION. ARBITRATION PROCEEDING
UNDER 'ARTICLE 18,#.3 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")
- and -
ONTARIO PUBLIC SERVICE EMPLOYEES UNION (FOR SUPPORT
STAFF EMPLOYEES)
(hereinafter called the "Union")
GRIEVANCE OF LINDA.;~NOVINKA
OPSEU GRIEVANCE N~D. 92A#10
(hereinafter called the "Grievor")
EXPEDITED ARBITRATOR: Richard H. McLaren
REPRESENTATIVE OF THE COLLEGE Peter T. Myers
REPRESENTATIVE OF THE UNION: 3ean Crawford
A HEARING IN RELATION TO THIS MATTER WAS HELD AT LONDON, ONTARIO, ON
NOVEMBER 26, 1992.
AWARD
Ms. Linda Novinka grieves that she is improperly classified. She provides
Secretarial and Clerical support connected with the operation of Continuing Education~ ECE
and DSW programmes at the Simcoe campus of the College. She is currently classified as a
Secretary A in payband 5. She seeks an evaluation of her classification that would place her
in the Clerk family of iobs at payband 7.
At the outset of these proceedings the Union requested that there be an
amendment to the Position Description Form ("PDF") indicating that there was prolonged
sitting for more than 50% of the time~ and that there was a requirement of handling~ from
time to time~ CPR equipment which weighed 25-30 lbs. The Arbitrator ruled that the award
would determine whether the position description ought to be altered or these matters ought
to merely be taken account of in the determination of the application of the classification
system to the position. The parties are in substantial agreement on the PDF for the
position which the Grievor presently occupies. The Physical attributes of the work station of'
the Grievor require her to perform much of her work while sitting because of the need t°
operate various pieces of office equipment~ even when dealing with someone
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who is at the counter, The Arbitrator has concluded that the sedentary nature of the
position ought to be reflected in the PDF. The College is ordered to make an appropriate
alteration to the PDF to which the Union can agree. Beyond this adjustment the PDF is to-
remain as filed, Other aspects of the job are to be taken account of in the evaluation process.:
Under the Core Point Rating system deployed by the parties for determining job
classification, the respective positions of the parties, as filed with the Arbitrator, are set out
below:
Management [ Union
ELEMENTS Rating Pts. Rating Pts.
JOB DIFFICULTY B 3 96 C 4 1 44
GUIDANCE RECEIVED C 3 104 D3 1 29
COM/qTJNI CATIONS A 3 35 C 3 84
KNOWLEDGE TP. AINING/EXPERIENCE C 3 6 4 C 4 78
SKILL 3 34 3 34
WORKING lW-ANUAL B 2 5 I B
4
0
CONDITIONS VISUAL C4 18 C4 18 _
ENVIRONMENTAL B 2 5 B 5 13
TOTAL POINT__S 36 1 5 10
PAYBAND NUI4BER 5 I 7
The parties disagree on some aspects of each element of the job matrix. The
grievance in this matter is dated September #, 1991'. The Griever requested in the grievance
that she be classified as a Clerk payband 9. This request has subsequently been altered to
payband 7. Consequently, she desires to be classified within a different iob family than that
of her current family of Secretary. The Griever also requests retroactive compensation for
the differential in lost pay, plus interest on the differential if awarded.
CORE POINT RATING AND JOB EVALUATION FACTORS
F&ctors:
I. JOB DIFFICULTY -College B-3; Union C-#
The parties disagree in the level of complexity required to perform the job as well
as the level of judgement required for the particular position.
(i) Complexity - College B; Union C
The Union asserts that the complexity level is at C, which describes the work as
involving:
"...the performance of various complex tasks that include both
routine and non-routine aspects requiring different and
unrelated processes and methods".
In contrast, the College asserts that the complexity element is at level B which
describes the work as involving:
"...the Performance of specific tasks that involve related steps,
processes or methods".
The PDF reveals a variety of tasks which range across the spectrum of ..
Receptionist, Secretary and Clerk. ' Thirty percent of the work activity of the position is
associated with registration for Continuing Education and other programmes. Fourteen
percent of the time spent working at the' position involves acting as the receptionist for the
satellite campus, and a further thirteen percent of the time is spent on secretarial functions.
The position 'requires eleven percent of the time being spent on developing advertising
material for continuing education brochures~ and the organizational activities associated 'with
continuing education take up another six percent of her time; These functions are of a
clerical nature~ but are somewhat extensive in terms of the tasks involved. The foregoing are
the core functions of the job. The iob is performed at a remote satellite campus of the
College where there are far less related back-up individuals to whom inquiries may be
forwarded or information obtained. This puts additional demands on the person occupying the
position which would not be found if the position were at the main campus of the College.
The Arbitrator finds that the diversity of the range of functions across the
receptionist~ clerical and secretarial activities of the position~ performed in the satellite
location~ make the complexity of the job more than a B level. It requires working at both
routine and non-routine aspects of the job. The various activities of the iob are not related to
each other and thus require the person occupying the position to engage in different and
unrelated processes. For example~ acting as a receptionist and then acting as a clerk
arranging the Continuing Education programme details in terms of teaching aides~ instructors~ ·
classroom facilities~ as well as designing brochures for distribution to encourage students to
register in the various programmes. Therefore~ the Arbitrator finds that the complexity of
the iob is better described at level C~ rather than the level B~'which was submitted by the
College. .. ,,
(ii) 3udgement - College level 3; Union level ~
The Union asserts that the 3udgement level ought to be at 4. It is described as-'
"i,;duties performed require a considerable degree of
judgement. Problem-solving involves handling a variety of
conventional problems) questions or situations with established
analytical techniques",
The College submits that the appropriate level for ~udgement for the position is
at level 3o The description for level 3 reads:
",.;duties performed require a moderate degree of judgement.
Problem-solving requires the identification and breakdown of the
facts and components of the problem situation".
As the front line person providing secretarial and clerical support at a remote
satellite campus, the position requires the use of a good deal of information and judgement,
At issue in this element is the degree of 3udgement required. The difference between level #
and 3 is that level # requires a "considerable degree of judgement"~ whereas level 3 requires a
"moderate degree of judgement". In listening to the evidence provided by the Grievor) the
Arbitrator has concluded that the better description of the degree of judgement required is
that of "moderate" rather than "considerable". There is no doubt that the individual is
required to exercise judgement. However, that judgement is exercised largely within the
parameters of defined policies and procedures directed towards inquiriesl or registration of
stUdentsl or the booking of instructors) or teaching facilities. While there is a degree of
problem-solving involved in the job) the problem-solving does not form a large portion of the
job. It seems that when problem-solving is required) it is usually in the nature of
identification and breakdown of the facts and components of the problem situation. Although)
there are unusual circumstances which do arise fr°m time to time, such as instructor illness or
oversights in connection with running a programme where the degree of judgement required of
the person is considerably more. However) these are isolated incidents. Therefore, the
.Arbitrator has concluded that the better description of the problem-Solving aspects of the job,
and therefore, the degree of 3udgement required in the position is at level 3.
(iii) Conclusion
The Arbitrator concludes that within the gob Difficulty matrix the appropriate
level of Complexity is that asserted by the Union at level C, while the appropriate level of
~udgement for the position is that asserted by the College at level 3. Therefore, the
Arbitrator raises the position on the 3ob Difficulty matrix at C-3.
II GUIDANCE RECEIVED - College C-3; Union D-3
The parties are in agreement that the Nature of Review for this particular
position is at level 3. The disagreement between them focuses on the Guidelines Available to
perform the job.
The Union asserts that the Guidelines Available ought to be at level D for this
position. The description for that is:
"Work is performed in accordance with the Procedures and past
practices which may be adapted and modified to meet particular
situations and/or problems. Supervisor is available to assist in
resolving problems".
The College asserts that the Guidelines Available aspect of the Guidance
Received matrix is more appropriately placed at level C. The description for that level reads:
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"Work is performed in accordance with general procedures and
past practices. Unfamiliar situations are reviewed with
Supervisor".
In this aspect of applying the Guidance Received matrix the Grievor, in her
discussions with the Arbitrator, referred to work she performed in converting a manual system
to the present computer system, and the consolidation of the old manual files. This work was
undertaken approximately four years ago and is no longer an ongoing aspect of the iob. The
position is to be rated at either the date of the grievance, or the date of the hearings.
Therefore, the Arbitrator is not taking account of the type of work performed some years
ago. The Grievor has also been involved in devising a very useful system of record keeping for
individuals who had taught at the College. She devised and created the card system and it is
in current use. The Grievor, with her Supervisor, Mr. Grant, have compiled all of the
different brochures, dating back to Mr. Grant being at the College in 1973. This compilation
of brochures has become a useful reference source and the consolidation and development of
that source was carried out by the Grievor. She has also designed a set 'of scratch pads for
standardizing information received and required to be used in the Continuing Education
programmes.
There is no doubt that her performance of these various tasks has been extremely
useful to the College and particularly to Mr. Grant. Nevertheless, it is the ongoing daily
routine and core functions of the job which are required to be taken account of in a
classification analysis in the application of the Guidance Received matrix. It is necessary, for
these types of unusual activities to be taken account of in matters other than the rating of the
job position. The Grievor in this case is a very experienced and competent individual who
works well in tandem with Mr. Grant. She is, as a consequence, a very valuable employee, and
an important member of the satellite administrative group. Her competency in
performing her positionl together with her experience, does to a degree~ delete the need to
refer matters to her Supervisor. She understands her Supervisor's philosophy~ for example~
student refunds~ being considerate of the public~ and the use of the College's services. She
generally applies that philosophy~ but often finds it necessary to either confirm decisions that
she would make~ or have the decisions made in unusual circumstances by Mr. Grant.
Therefore, the Arbitrator finds that once the unusual projects which she has been involved in
are taken out of the analysis, the more appropriate descriPtion of her activities is at the C
level. She is generally doing work within general procedures and past practices. This applies
even when she does work in preparation of descriptions of the Continuing Education courses or
the brochures associated with them. That aspect of her work may require a degree of
initiative which might be a level D. However~ that aspect of her work according to the PDF ~
is less than twenty percent of her total time spent in the position. For these reasons the
Arbitrator confirms that the appropriate level is that submitted by the College~ level C.
Therefore, the Arbitrator rules that the position ought to be rated as C-3 in respect of the
Guidance Received matrix.
III COMMUNICATION - College A-3; Union C-3
The Parties agree that the level of contacts within the Communication matrix is
appropriately determined at 3. The parties disagree about the application .of the Purpose of
Contacts element of the Communication Matrix. The Union asserts that it °ugh't to be at
level C~ whereas the College asserts that it ought to be at level A. The Purpose of Contacts
at level C is described as:
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"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".
In contrast, the College asserts that the Purpose of Contacts is at level A. That
description reads as follows:
"Work involves contacts of a routine nature for the purpose of
furnishing, obtaining or discussing factual data or information,
arranging appointments, etc.
The Grievor asserts in her discussion with the Arbitrator that she needs to have
knowledge beyond that at the department level, and is a liaison with the main campus. The
Arbitrator recognizes that this is the case; however, this has already been taken account of in
the 3ob Difficulty aspect of the matrix. It ought not to be taken account of again in the
Communication matrix unless there are some unique circumstances. The Arbitrator does not
find such unique circumstances to be present. In this case, the PDF reveals that the contacts
do relate essentially to the provision of information, and the arranging of appointments, all of
which are properly described in level A A. The position does require that information be
given to individuals who will then use the information for guidance. However, the information
is used for guidance only to the point when the individual is referred either to the appropriate
College communication brochure, course description or other College person who would give
further, more technical information on which guidance and reliance might be placed by the
inquiring party. Therefore, the Arbitrator finds that this position is definitely not at level
C.
The Arbitrator notes that because of the fact that this individual works at the
remote satellite campus facility there is a greater degree of contacts focused on the
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position than there would be at the main campus facility. The purpose of contacts is
revealed by the work she does: in taking course registrations, the handling of monies in
association with taking course registrations, dealing with refunds, preparing Continuing
Education programme information and brochures, confirmation of the logistics associated with
carrying on programmes using various facilities of the College and elsewhere, and confirming
arrangements with instructors. Portions of all of that work require fairly detailed
explanations to ensure understanding and also satisfaction of the person dealing with the
Grievor. Particularly in connection with the refunds, there is the need to explain both
College policies and how they apply to the granting of a refund.
The Arbitrator concludes that the work involves contacts which are more than
just routine, which is what is required at level A. The contacts are for the purposes of
providing more detailed explanations. The remote "satellite" feature of this position also
requires that more information and greater explanations might be provided by someone filling
this position, than a person filling a similar position at the main Campus. This must be taken
account of. Therefore, the Arbitrator has concluded that the appropriate classification
description for the Purposes of Contacts is neither that of the College or the Union. It is
found that the appropriate level is level B, where the work does involve contacts for the
purpose of providing detailed explanation to ensure understanding. Therefore, the Arbitrator
rates the position at 15-3.
IV KNOWLEDGE - College C-3; Union C-#
The parties are in agreement that the Experience factor of the
Knowledge Matrix is appropriately determined at level C. They disagree on the Training
factor of the Knowledge Matrix.
The Union submits that the Training required for the position is best described at
level #, which states;
"Required skills normally acquired through attainment of
secondary school graduation and completion of additional idb
related training courses or equivalent".
The College submits that the appropriate level is that of 3, which reads:
"Required skills normally acquired through attainment of
secondary school graduation or equivalent".
The submission of the Union on this aspect of the classification system is that the
PDF indicates that while the qualification is secondary school graduation or equivalent, it is
indicated that a post-secondary programme in secretarial sciences would be desireable. The
Union submits that a statement of desireability tends eventually to become a minimum
requirement; and, therefore, it ought to be rated at level ~, which is the appropriate
description for post-secondary qualifications.
The College submits that the classification system requires the assignment of a
rating which reflects minimum 'entrance qualifications required to undertake the duties and
responsibilities of the position. It submits that the minimum requirements are secondary
school graduation, appropriately rated at level 3.
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The Arbitrator agrees with the position of the College. What is required for this
position is the minimum entrance qualification, which in this circumstance is a secondary
school graduation. While it is true that sometime statements of desireability do become the
minimum, the Union could not show that this had become the norm by way of a job posting, for
example. If that had been the case, then the Arbitrator would have agreed with the Union
submission. In the absence of clear indications that the College was using the statements of
desireable requirements as part of its minimum qualifications, it is not appropriate to take
account of it in the classification system. Therefore, the Arbitrator confirms the position of
the College at the 3 level for Training.
V WORKING CONDITIONS
(i) Manual Effort - College B-2; Union B-~
The parties agree that the Manual Effort factor in the Working Conditions Matrix
is properly determined at the B level. They disagree as to the proper prevalence factor. The
Union asserts that the position ought to be rated at level 4. The College submits that the
position should be rated at level 2.
A portion of this difference relates to the PDF disagreement between the
parties. The Arbitrator has earlier in this award indicated how the PDF ought to be altered.
The degree of sitting associated with this job ought to be taken account of in the Manual
Effort element. The Arbitrator agrees with the Union's submission that the frequency is at
least 31 - 60 percent of the time. Therefore, the Union position, at level ~ is confirmed.
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(ii) Work Environment Element - College B-2; Union
In the Work Environment element of the Working Conditions Matrix, the parties
agree that the Work Environment factor is properly rated at the B level. They disagree as to
the Prevalence factor. The College submits that it is at level 2, which is less than ten
percent of the time, whereas the Union submits that it is at level 5, which is more than sixty
percent of the time.
For reasons as set out under the manual aspects of the Working Conditions Matrix
the Arbitrator agrees with the Union position and confirms the rating ought to be 5.
VI CONCLUSION
The Arbitrator has rated the core functions of the position and finds that the
position is a typical secretary B in payband 6. The core point total is ~2~, which places the
position squarely within payband 6. The Job Difficulty and Guidance Received matrices are
set at C-3. Both of them reveal that the position is essentially that of a secretary B. The
Communication matrix has been set at B-3, which is also shown as typical for a secretary B.
The Knowledge and Working Conditions matrices, and the core point ratings associated with
them, are slightly less typical of a secretary B than the first three matrices. However, they
also account for far less points in the total points awarded. Therefore, the Arbitrator finds
that this position is a typical Secretary B position and not within the Clerk family of jobs.
It is ordered that the position be re-classified as a secretary B in accordance with
this expedited arbitration award. The Grievor is entitled to receive compensation from the
date of the grievance to the date of this award~ together with interest~ as is the practice in
these classification awards. The College is ordered to make the adjusting payment to the
Grievor by the second pay period after the receipt of this award. The Arbitrator remains
seized as to the determination of the amount of compensation which may be owing to the
Grievor in the event that the parties are unable to agree. Either party may reconvene the
hearing by written request to the Arbitrator within #5 days of this award.
I want to thank the representatives of the parties for the excellent iob they did in
presenting their positions. The submissions of the Grievor assisted me greatly in making the
determinations; and~ the conduct of the parties~ representatives was of the highest caliber. I
very much appreciate the thoughtfulness and courtesy with which they presented their
positions. They are to be commended for doing an excellent job.
DATED AT LONDON~ ONTARIO THIS 7th DAY OFDECEMBER~ 1992.
Richard H. McLaren~ C. Arb.
Arbitrator
3315W
ARBIT~TiON DATA SHEET - SUPPORT STAFF CLASSIFICATIONS
COLLEGE FAN S}tAWE INCUMBENT Linda NOVINKA
Secretary A
PRESENT CLASSIFICATION
AND PAYBAND Pay Band 5' SUPERVISOR Murray Grant
Clerk- Pay Band 7
JOB FAMILY AND PAYBAND REQUESTED BY GRIEVOR ' ·
POSITION DESCRIPTION FORM:
1. Position Description Form Attached
2. --I ° I' Parties agree on contents of attached Position Description Form
O_ER
I x I Union disagrees with contents of attached Position Description Form
SPECIFIC DETAILS OF THIS DISAGREEMENT ARE AS FOLLOWS:
(USE REVERSE SIDE IF NECESSARY)
AWARD
Management Union Arbitrator
ELEMENTS Rating Pts. Rating Pts. Rating Pts.
JOB DIFFICULTY B3 96 C4 144
GUIDANCE RECEIVED C3 104 D3 129
COMMUNICATIONS A3 35 C3 84
SKILL 3 34 3 34
WOR ING NUAL
co~zW~ONS vzso~ C4 ~S C4 ~S
ATTACHED WRITTEN SUBMISSIONS:
The Union
The College (Optional)
SIGNATURES:
OR THE UNION ~ .~g ~NAGEMENT
/~ ~Grie~) g ~ % (Date) (Date)
Head'ins' Date Award Date