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HomeMy WebLinkAboutRoberts 92-10-02 FANSHAWE COLLEGE {"the College"} and ONTARIO PUBLIC SERVICE EMPLOYEES UNION {"the Union") AND IN THE MATTER OF A COLLECTIVE AGREEMENT BETWEEN ONTARIO COUNCIL OF REGENTS FOR COLLEGES OF APPLIED ARTS AND TECHNOLOGY AND ONTARIO PUBLIC SERVICE EMPLOYEES UNION (FOR SUPPORT STAFF EMPLOYEES} AND IN THE HATTER OF GRIEVANCES OF CAROL:ROBERTS AND JOSEPHINE NESBITT SOLE ARBITRATOR: Ian Springate APPEARANCES For the Co]]ege: Peter Myers, Human Resource Officer Keith Johnston, Manager Purchasing Services For the Union: Josephine Nesbitt, Grievor and SpokespeFson Caro3 Roberts, erievor '~ Jan Gavin, Union Representative Sandra Kippen, Observer Hearing: In London on September 8, 1992. DECISION Introduction The grievors, Ms. Josephine Nesbitt and Ms. Carol (Beth) Roberts, are employed as buyers/expediters in the College's purchasing services department. Each is currently classified as a clerk general D and is paid in accordance with payband 7 under the CAAT Support Staff Job Evaluation Plan. On November 14, 1991 they grieved that they were improperly classified and ~hould be paid in accordance with payband 8. At some point through the grievance procedure the Union contended that they should actually be paid in accordance with payband 9. The Union challenges the accuracy of the relevant position description form prepared by the College. It also contends that the College improperly rated the various elements which together determine the point value of the grievors' positions under the job evaluation plan. The Grievors' Job Duties Most of the evidence relating to the work performed by the grievors was given by Ms. Nesbitt. Her evidence was supplemented by the testimony of Ms. Roberts and Mr. Keith Johnston, the College's manager of purchasing services. 3 The grievors are involved in purchasing a wide range of commodities and services for the College. They process some 800 to 1,000 purchase requisitions a month. When dealing with a requisition, a grievor will generally contact at least three suppliers to obtain prices for the requested item. When dealing with more expensive items, a larger number of suppliers will be contacted. In the normal course the supplier who has given the lowest price while also indicating that it can meet the required delivery date will be issued a purchase order to supply the item or service. When performing the above noted duties the grievors can refer to a list of approximately 10,000 suppliers and the items they supply. Ha. Nesbitt testified that she and Ms, Roberts generally decide which suppliers will be included on the list, although Hr, Johnston has at times asked that they add a particular supplier. When purchasing major items the grievors seek formal quotations from suppliers. For some supplies, such as janitorial equipment which consists of about 37 separate items, quotations are submitted to cover an entire year. Suppliers do not always utilize the same units when giving their quotations and accordingly the grievors are required to re-calculate prices on the basis of a common unit. This is done using a large spread sheet. 4 If appropriate, prior to accepting a particular supplier for an item the grievors will ensure that the item being offered meets certain standards and/or legal requirements. For example, they will ensure that electrical items have been CSA approved. When a particular item proves hard to locate the grievors can refer to a specialized catalogue. Ms. Roberts gave the example of when the College's maintenance department required a particular seal for a boiler. The grievors used the catalogue to locate the Quebec manufacturer of the product. The manufacturer, in turn, provided them with the name of its local distributor. The grievors follow-up on late shipments from suppliers. Several times a year they will cancel a past due order and issue new purchase order to a different supplier. If an item is required quickly, the grievors may place an order over the telephone and then follow it up with a written purchase order. At times a requi$itioner will contact a supplier directly with an order. If it is for a relatively inexpensive item, one of the grievors will verbally provide the requisitioner with a purchase order number to give to the supplier. For other items the grievors will insist that the requisitioner obtain prices from at least three suppliers before giving the requisitioner a purchase order number. 5 The grievors generally ensure that the prices they receive from suppliers include shipping charges. If this is not possible, a supplier will usually be asked to ship an item by Purolator Courier collect to the College. If an item is particularly large or potentially hazardous, the grievors will arrange to have it transported by a freight company. The grievors are also responsible for training a receptionist, as well as temporary replacements for the receptionist, with respect to the processing and mailing of purchase orders. The College maintains a formal purchasing policy which is distributed throughout the College. A procedural document is also distributed to all of the office areas. Certain internal procedures within the purchasing services department are also documented. Changes to established procedures have been initiated by Mr. Johnston and by the grievors with the approval of Mr. Johnston. Ms. Roberts indicated that the grievors had developed a new procedure for providing copies of purchase orders to the College's accounts payable department. Job Difficulty Matrix The Union agrees that the College properly gave the grievors' positions a C rating with respect to the complexity portion of the job difficulty matrix. This rating recognizes that the grievors' work involves the performance of various complex tasks which include both routine and non routine aspects requiring different and unrelated processes and methods. The parties disagree on the proper rating for the judgement portion of the job difficulty matrix. The College gave a 4 rating while the Union argues for a 5 rating. The criteria for these two ratings are as follows: 4. Duties performed require a considerable degree of judgement. Problem-solving involves handling a variety of conventional problems, questions and situations with established analytical techniques. 5. Duties performed require a significant degree of judgement. Problem-solving involves interpreting complex data or refining work methods and techniques to be used. The grievors' duties cannot reasonably be said to involve the interpretation of complex data. Further, while the grievors have at times proposed changes to internal procedures, their work does not on a regular basis involve refining existing work methods or techniques. Instead, they generally employ standard approaches and established techniques to fulfill their tasks. Accordingly, I am not satisfied that a case has been made out for a 5 rating. In the result, I confirm the C-4 rating given by the College. Guidance Received Matrix The parties agree that a D rating is appropriate for the guidelines available portion of the Guidance Received Matrix. This recognizes that their work is performed in accordance with procedures and past practices which may be adapted and modified to meet particular situations and/or problems, and that a supervisor is available to assist in resolving problems. The College gave a 3 rating with respect to the nature of review portion of the guidance received matrix. The Union argues for a 4 rating. The criteria for these two ratings are as follows: 3. Work assignments are intermittently and or periodically checked for quality. 4. Work assignments are subject to a general form of review for achievement of specific objectives and adherence to established deadlines. Mr. Johnston works in the same general area as do the grievors. He is also responsible for a receptionist as well as 13 full-time and 5 or 6 regular part-time employees in the College book store. Mr. Johnston testified that at times he receives comments from others with respect to the grievors' performance. He indicated, however, that he primarily reviews the grievors' work by way of a review of purchase orders before he signs them. The grievors sign purchase orders only when Mr. Johnston is absent. Mr. Johnston frequency signs purchase orders after an order has been verbally given to a supplier. When Mr. Johnston receives a purchase order to sign he also receives the relevant requisition as well as information concerning which suppliers the grievors have contacted and the prices they were quoted. Mr. Johnston testified that he does not scrutinize each purchase order but does scrutinize those which relate to non-routine items or a non-roUtine supplier. According to Mr. Johnston's uncontradicted evidence, at times he has written notes to the grievors asking if they have considered certain points. He also testified that about once a month he declines to sign a purchase order relating to a major item until a particular issue has been investigated, more complete information obtained or some apparent inconsistency dealt with. It is apparent that Mr. Johnston has the opportunity to review the grievors' work and he utilizes this opportunity to scrutinize particular purchase orders and the process followed by the grievors to select a proposed supplier. ! view this as being 9 in the nature of an intermittent check of assignments for quality and not a general form of review for the achievement of specific objectives and adherence to established deadlines. In the result, I confirm the D-3 rating given by the College. Communication Matrix The parties agree that the grievors' positions justify a 3 rating with respect to the level of contacts portion of the Communication matrix. They disagree, however, on the appropriate rating for the purpose of the contacts. The College argues for a C rating while the Union contends that an D rating is more appropriate. The criteria for these two ratings are as follows: 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. D. Work involves contacts for the purpose of problem identification and solution with respect to matters of considerable importance requiring tact, diplomacy and persuasion. The grievors are in contact with a variety of individuals for a number of different reasons. As indicated above, they contact suppliers to obtain prices and to follow-up on late shipments. The evidence suggests that the grievors do not encounter many difficulties with suppliers. As Mr. Johnston noted in his 10 evidence, if a particular supplier does not "play our way," the College can always deal with someone who will. At times sales people contact the grievors. Some sales people are from current suppliers while others are from firms seeking to be placed on the College's list of potential suppliers. The grievors are contacted by requisitioners from within the College for verbal purchase order numbers and with inquiries concerning the status of particular requisitions. The grievors will contact a requisitioner if they require additional information concerning what it is the requisitioner wants. The grievors also provide requisitioners with advice about particular products. Ms. Nesbitt gave the example of a someone seeking a cabinet to hold a laser printer and one of the grievors advising the requisitioner of the type of cabinet usually ordered for this purpose. She also gave the example of a department requisitioning a fax machine and one of the grievors explaining to the department the various features of the different makes of fax machines. From time to time the grievors will advise a requisitioner that they cannot purchase a requisitioned item. Ms. Nesbitt gave the example of someone wanting to order inferior furniture which does not meet the furniture standards set by the College. 11 At times difficulties arise when someone in the College wants to use a supplier other than the supplier who has quoted the lowest price for an item. Ms. Nesbitt stated that in such a situation the grievors will seek to persuade the requisitioner that it is best to go with the lower-price supplier. She indicated that if they are unable to persuade the requisitioner, the lower-priced supplier will still be used, Ms. Nesbitt indicated that at times individuals who have obtained a verbal purchase order number from one of the grievors will then place an order with a supplier other than the one the grievor had approved of. When this occurs the grievor will explain the College's policy to the requisitioner, When one requisitioner continued to engage in this practice, the grievors and Mr, Johnston decided that verbal purchase order numbers should no longer be provided to the individual. On one occasion Ms. Roberts required that an item ordered without a grievor's approval be returned to the supplier rather than have the College pay for it. Ms. Roberts indicated that the person who placed the order had been aware of the proper procedure to be followed, Ms. Nesbitt testified that the grievors are required to exercise tact and diplomacy when they tell requisitioners what approach to follow and that requisitioners get their backs up when the grievors offer suggestions. She further testified that the grievors are required to use persuasion to convince requisitioners that an item should be purchased from the supplier with the best price as opposed to from another supplier. Mr. Johnston testified that tact and diplomacy are extremely important aspects of the grievors' work when dealing with requisitioners within the College. He stated that while they cannot win everyone over, he and the grievors seek to obtain the cooperation of requisitioners as well as their acceptance of the proper methods to be followed. The grievors' contacts with suppliers to obtain prices and formal quotations do not specifically come within the criteria for either a C or a D rating. The collection of factual data or information does, however, come within the criteria for a lower A rating. The grievors' contacts with requisitioners within the College fit comfortably within the criteria for a C rating. They provide them with guidance, instruction and technical advice and also explain purchasing policies and procedures to them. The evidence indicates that they do so using tact and diplomacy. It is of obvious benefit to the College that all dealings between College staff be carried out with tact and diplomacy. This is particularly so where there is a potential for disagreement. Logically, however, the requirements for a D rating, the second highest rating for purpose of contacts, requires more than just the exercise of tact and diplomacy to facilitate routine dealings between College staff. The criteria for a D rating indicates that such a rating is only appropriate when the issue at hand is a matter of considerable importance to the College and where not only are tact and diplomacy required, but there is also a need to persuade others. It may be that it is a matter of considerable importance to the College that purchases are made in accordance with established purchasing policies and procedures. It may also be that tact and diplomacy is required of the grievors when they ensure that requisitioners comply with established policies and procedures. It cannot reasonably be said, however, that the grievors are required to persuade requisitioners to comply with these policies and procedures. Requisitioners are not entitled to refuse to follow the policies and procedures. Further, the grievors c&n stop requisitioner$ from by-passing Oollege policies and procedures by not providing them with verbal purchase order numbers and by not issuing purchase orders to unapproved suppliers. If all else fails, they can require that goods improperly ordered by requisitioners be returned to the supplier. 14 Having regard to these considerations, ~ am satisfied that the grievors' functions do not meet the criteria for a D rating, In the result I confirm the C-3 rating given by the College. Knowledge. Matrix - Training/Experience Elements The College rated the grievors' positions at the B-3 level with respect to the training and experience elements of the knowledge matrix, The Union contends that a C-4 rating is more appropriate. The criteria for these ratings are as follows: Training 3. Required skills normally acquired through attainment of secondary school graduation or equivalent, 4, Required skills normally acquired through attainment of secondary school graduation and completion of additional job related training courses or equivalent. Experience B Up to one year of practical experience, C Up to three years of practical experience, The job evaluation plan utilized by the parties contains a number of detailed instructions for rating training and experience, The instructions relevant to these proceedings provide as follows: 15 Notes to Raters 1. Do not rate the actual training or experience which an incumbent may possess. It is the requirement of the position which should be evaluated. 2. The rating assigned under the Training and Experience elements should re~]ect the minimum entrance qualifications required to undertake the duties and responsibilities o~ the position. Desirable qualifications or the experience and training required to render ~u]]y satisfactory performance should not be rated. The position description prepared by the College indicates that among the skills and abilities required to perform the grievors' duties and responsibilities are "Typing, accounting, marketing, word processing and spread sheet software." It appears that both grievors had a grade 12 education when they started in their current positions. A~ter they were in the job they took a purchasing course. Prior to starting in their current positions they enrolled in an o~ice administration program at the College which they completed after they were in their current jobs. Ms. Nesbitt testified that when she assumed her current position she was three-quarters o~ the way through the program. Ms. Roberts stated that when she was part-way through the program and had already completed the accounting portion. Prior to joining the College Ms. Nesbitt worked at various times as a bookkeeper, in an accounts payable/accounts receivable 16 position and as the office manager in a small office. She also worked for one year in the accounts payable department at the College and for about a year as the receptionist in the College's purchasing department. Ms. Roberts indicated that prior to obtaining her current position she had at least three years of purchasing experience in the College's parking office. She indicated that the parking office acquired blocks of purchase order numbers to use for purchase orders. She also indicated that at the parking office she wrote up a number of requisitions. Ms. Nesbitt testified that when she and Ms. Roberts started in their current positions they were not given any training. She also indicated that although at one time Nr. Johnston had initially handled all requisitions and put directions on them, he ceased doing so about the time she assumed her current position. Mr. Johnston testified that he believed that one year of true purchasing experience should be adequate for someone starting in the grievors' positions but that additional experience was preferable. 17 Particularly in light of Ms. Nesbitt's evidence indicating that no training was provided the grievors when they started in their current positions and they were expected to handle individual requisitions without any instructions from Mr. Johnston, I am satisfied that the grievors reasonably required more than one year of practical experience in order to adequately perform their duties. Accordingly, a C rating for experience is the appropriate rating. As noted above, the position description form states that accounting and marketing skills are required for the job. These skills are normally obtained through job related training courses. Presumably the grievors obtained these skills prior to starting in their current positions either through those portions of the office administration course they had already completed or through previous equivalent on-the-job training. In the result, I believe that job related training courses or equivalent are a requirement of the job. Having regard to the foregoing, I conclude that a C-4 rating is the appropriate rating for the training/experience elements. Such a rating has a point value of 78, which is 25 points higher than the point value associated with the B-3 rating given by the College. 18 Knowledge Matrix - Skill Element The College contends that a 3 rating is appropriate for this element while the Union argues for a 4 rating. The criteria for these ratings are as follows: 3. Work requires the ability to apply specialized technical or clerical skills based upon a sound knowledge of established procedures. May be required to operate moderately complex computer laboratory or office equipment. 4. Work requires the ability to organize statistical information and to understand elementary principles of a science or a professional discipline. May operate complex computer electronic instruments or laboratory equipment. While it might be argued that the grievors are required to have the ability to organize statistical information, there is nothing in the evidence to suggest that they are required to understand either the elementary principles of a science or a professional discipline, which is the second requirement for a 4 rating. The grievors' work does, however, fit comfortably within the criteria for a 3 rating, Accordingly, I confirm the 3 rating given by the College. Workin~ Oonditions Matrix - Manual Effort Element The parties disagree on the proper rating for the manual effort element of the Working Conditions Matrix. The College rated the grievors' positions at the A-5 level while the Union claims that a B-5 rating is more appropriate. A 5 rating applies when the appropriate manual effort occurs more than 60 percent of the time. The criteria for an A and a B rating are as follows: Manual Effort A. Work requires minimum manual effort and physical strain in a variety of normal positions egs. intermittent sitting, standing, walking, ordinary office tasks. 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. The Union's claim for a B rating is based on the amount of time the grievors sit at their desks. Ms. Nesbitt testified that she and Ms. Roberts are at their desks 99 percent of the time. Mr. Johnston disagreed with this contention. He estimated that the grievors sit at their desks for about ?0 percent of the time. The reference to ordinary office tasks in the criteria for an A rating suggests that this rating is appropriate for most office staff. There is nothing inherent about the grievors' work which mandates that they stay in a sitting position for extended periods 20 of time. Presumably they are free to get up and move around when they desire to do so. Logically at times they will be required to stand up, such as when they are checking files. In addition, if they so wish the grievors can presumably perform tasks such as talking on the telephone while in a standing position. In the result, I conclude that the grievors' work requires only minimum manual effort and accordingly affirm the A-5 rating given by the College. Workinm Conditions Matrix - Visual Strain Element The College gave a B-2 rating for this aspect of the Working Conditions matrix. The Union argues that a B-3 rating is more appropriate. A B rating indicates that moderate visual concentration is required, and that the grievors are required to focus on small areas or objects for short periods of time, i.e. up to'one hour. A B-2 rating would be appropriate if this type of visual strain were prevalent less than 10 percent of the time. A B-3 rating would be appropriate if it were present between 10 and 30 percent of the time. The position description form prepared by the College deals with the issue of visual strain as follows: 21 Describe any aspects of the job which may potentially create visual strain. Indicate the percentage of time position is subject to these aspects. Poor handwriting on purchase requisitions - 10% Use of word processor or terminal - 5% Small print on contracts and spread sheets - 10% In light of the wording of the position description form, I conclude that the grievors likely spend about 25 percent of their time engaged in tasks where moderate visual concentration is required. This meets the criteria for a 3 rating. In the result, I find a B-3 rating to be appropriate. Such a rating has a point value of 7, which is 2 points higher than the rating assigned by the College. Workinm Conditions Matrix - Work Environment Element The College gave this element an A-5 rating. The Union argues for a B-3 rating. The criteria for an A and B rating are as follows: A. Generally agreeable working conditions such as those found inside offices or equivalent work areas. B. Slightly disagreeable working conditions. Exposure to somewhat noisy hot or cold conditions. For the prevalence aspect of this element, a 3 rating is appropriate when the relevant work environment is present 10 to 30 · 22 percent of the time; a 4 rating when it is present 31 to 60 percent of the time; and a $ rating if the work environment is present more than 60 percent of the time. The grievors work on a floor which is divided only by screens. According to Nr. Johnston, about 40 to 50 people work on the floor. This results in noise from people raising their voices, ringing telephones and office equipment, including a very noisy shredding machine. Ms Nesbitt testified that at times when on the telephone she cannot hear the individual she is talking to because of the noise. The grievors are the two people closest to the front door. This results in visitors to the floor coming over to see them rather than a receptionist who is off to one side. Ms Nesbitt testified that this is very annoying. Also as a result of their location, in the winter the grievors are subject to drafts when the door is open. The position description form prepared by the College contains the following statements relating to this issue: Describe any disagreeable or unpleasant work conditions 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. 23 Normal open landscaped office environment - little privacy - 100% - frequent interruptions due to nature of job - 10 - 25~ - at times subject to higher than normal noise levels - 10 - 25% A review of the criteria for the various work environment ratings indicate that what is to be rated is the physical environment as well as the exposure to potentially hazardous conditions. This being the case, interruptions, whether arising from the nature of the job or from visitors to the floor, are not a relevant consideration. While a lack of privacy may be unpleasant, it is not one of the criteria directly relevant to a determination of the appropriate rating for this element. The noise associated with the fact that the grievors work in an open area, is, however, relevant. The position description form prepared by the College indicates that the grievors are subject to higher than usual noise levels. One criterion for a B rating is exposure to "somewhat noisy" conditions. I interpret the higher than usual noise levels the grievors are exposed to as meeting this criterion. The drafts in the winter when the door is open also meet the criterion of exposure to somewhat cold conditions. In the result, I find that a B rating for the work environment portion of the matrix to be appropriate. The position description form indicates that the grievors are exposed to somewhat noisy conditions for between 10 and 25 percent of the time. In these circumstances I accept the Union's contention that a B-3 rating for the work environment element is appropriate. Such a rating has a point value of 7, which is 4 more than for the rating assigned by the College. Conclusion The College accorded the grievors' position a total point value of 455. My finding that their positions are entitled to a C-4 rating with respect to the training/experience elements of the knowledge matrix adds an additional 25 points. Two additional points result from the B-3 rating for the visual strain element and 4 more from the B-3 rating for the work environment element. These additional 31 points raise the total point value of the grievors' positions to 486. This point value falls within payband 7. Having regard to all of the above, I conclude that while the College under-rated the grievors' positions, when properly rated they still come within payband 7. In the result, the grievances are hereby dismissed. Dated at Toronto this 2nd day of October, 1992 Arbitrator ARBITRATION DATA SHEET - SUPPORT STAFF CLASSIFICATIONS COLLEGE FANSHAWE INCUMBENT Josie Nesbitt/Beth Roberts PRESENT CL-ASSIFICATION Clerk General D AND PAYBAND 7 SUPERVISOR Keith Johnston JOB FAMILY AND PAYBAND REQUESTED BY GRIEVOR AtyPical Clerk - Pay Band 9 POSITION DESCRIPTION FORM: 1. Position Description Form Attached 2. ~ Parties agree on contents of attached Position Description Form O_B ~ 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 GUIDA/~CW. RECEIVED D3 129 D4 150 ~ ~ ~'~ COMMUNICATIONS 'C3 84 D3 ' 109 KNOWLEDGE TRAINING/EXP_~R!ENCE B3 53 C4 78 SKILL 3 34 4 47 WORKING MANUAL A5 3 B5 13 CONDITIONS VISUAL B2 5 B3 7 ENVIRONMENTAL A5 3 B 3 7 TOTAL POINTS 455 57~7 PAYBAND NUMBER 7. 9 ATTACHED WRITTEN SUBMISSIONS: ~ The Union ~ The College (Optional) SIGNATURES: CGri r) (Dat~) (Da~e) Hearlng Daua Award