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HomeMy WebLinkAboutBragg 91-10-2IN THE MATTER OF AN ARBITRATION BETWEEN: ONTARIO COUNCIL OF REGENTS FOR TIlE COLLEGES OF APPLIED ARTS AND TECHNOLOGY IN THE FORM OF FANSHAWE COLI,EGE (hereinafter called the "College") ONTARIO PUBLIC SERVICE EMPLOYEES UNION (hereinafter called the "Union") GRIEVANCE OF CHARMA1NE 'BRAGG (hereinafter called the "GrieVor'') EXPEDITED ARBITRATOR: Richard H. McLaren REPRESENTATIVE FOR THE COLLEGE Peter Myers REPRESENTATIVE FOR TIlE UNION Charles Titus A HEARING IN RELATION TO THIS MATTER WAS HELD AT LONDON, ONTARIO, ON OCTOBER 18, 1991. AWARD This award ~nvolves the classification of the position of Clerk at the Woodstock satellite campus of Fanshawe College. The position is occupied by Ms. Charmaine Bragg who grieves that "she is improperly classified". At the time of the grievance 'there were two Support Services Clerical Staff, one Support Officer and the Chairperson of the Community Programmes, Mr. K. Garett. The primary programmes offered at this facility are a wide range of community programmes. The clerical position which Ms. Bragg occupies is the front line position between the College and the prospective users of the various community programmes. She also works as a Receptionist. The core functions of the job centre around three principle activities. The first principle activity involves the receipt of approximately 500 phone calls per week of which half relate to inquiries from prospective or actual students. The other half of the telephone calls are received from various sources depending on the commencement of different programmes. The second principle activity involves registering and transferring students. This involves entering data into the College computer system. The third principle activity involves the issuing of receipts and the collection of fees in the form of cash, cheques, credit cards or other payments. The incumbent is required to deposit these fees together with any other monies received from a wide variety of other activities going on at the College. -3- I wish to express my gratitude to them for a job well done. The College classifies the Grievor's position as a Clerk - Payband 4 (Atypical). That classificafiion results in a cumulative point total of 312, which under the collective agreement places the position in payband 4. The Union submits that the allocation of the various aspects of the classification system ought to result in a point rating of 400 which would result in the Grievor's position being rated in payband 6. The relative positioning of the parties at the hearing is set out below: I Management [ Union ELEMENTS I Rating Pts.I Rating P~s. JOB OIFFICULTY }' B2 75 I C3 122 GU I D~d~CE RECEIVED : B3 79 C3 104 COMltUNICATIONS I B 2 4 8 B 3' 59 KNOWT,W-DGE TRaINING/EXPERIENCE I C 3 6 4 C 3 64 SKILL } 2 21 I 2 21 WORKING MJ%NUAL { B2 5 [ B3 7 CONDITIONS VISUAL B4 10 I B 4 10 ENVIRONMENTAL { B 4 10 { B5 13 TOTA'. ,OI.T [ [ ATTACHED WRITTEN SUBMISSIONS: ~-~ The Union ~ The College (Optional) SIGNATURES: FOR THE UNION AR ~tANAGEMENT (Grievor) ~ \ (Date) (Date) ~Union Rep.~ -4- It can be seen from the foregoing table that the parties are in agreement as to the appropriate core point rating for the element of Knowledge; and, the Visual component of the element of Working Conditions. The parties differences then centre upon the other elements being Job DitYiculty; Guidance Received; Communications and the components of Manual and Environmental within the element of Working Conditions. The parties indicated in their written submissiorm that they are in agreement with the Position Description Form (PDF) for this position. There is accordingly no issue in this proceeding'as to the accuracy of the PDF. CORE POINT RATING AND JOB EVALUATION FACTORS .. JOB DIFFICUI,TY: COLLEGE B-2; UNION C-3 (i) Factor of Complexity - College is at B; Union is at C The Union asserts that the complexity level is at C, whereas the College asserts that it is at B. The C level of complexity of work involves; "...the Performance of various complex tasks that include both routine and non-routine aspects requiring different and unrelated processes and methods". It is submitted that the fact that the Grievor works at a satellite campus facility requires her to engage in both routine and non-routine work particularly in relation to both the registration of new students and the transfer of them to different courses. It is submitted that there is less routine in this job than might be found at the -5- main campus where there would be a greater division of work activities between different persons. The B level of complexity of work involves: "...the performance of specific tasks that involve related ~steps, processes or methods". The College submits that the core functions of the job relate to working on the student registrations; acting as a Receptionist and preparing and doing the deposit of funds received. It was submitted that the specific tasks ~nvolve related steps, processes and methods with some analysis in the area of problem solving. 'l~ne disagreement between the parties, as it relates to the Job Difficulty Matrix, is essentially whether the position is one of a Clerk General C or a Clerk General B. This position involves work at a satellite facility. Therefore, the position requires the occupant to engage in a greater range of activities, with a greater degree of flexibility, than if the individual were working at the main campus. The registration and walk-in inquiries require the individual to have some knowledge of the College and its operating procedures and standards, as well as the Continuing Education Programmes and the particular Community Programmes operated by the satellite facility. While the clerical work associated with registration and transfers is of a routine nature which would be done within related step processes and methods, there are many other features of this position which are not within that phraseology of level B. This individual is required to develop flyers which are used to promote many of the community programmes. While there is a Support Services Officer (SSO) and a Chairperson who have responsibility for reviewing that work, it does require initiative, creativity and conceptualization by the individual. In addition, the various aspects of thc job associated with the booking of the facilities, ensuring that the appropriate audio-visual and other instructional equipment and detail is available for' utilization in the classes for College Professors, and the overseeing of the use of the physical facilities and the problems which may be associated with it, give rise to the Arbitrator concluding that this is a position more closely aligned with level C than level B. (ii) Factor of Judgment - College is at 2; Union is at 3 The parties disagree as to the application of thc factor of Judgment within the element of the Job Difficulty Matrix. The Union asserts that the level of judgment required is at level 3. That level is described as: "The duties performed require a moderate degree of judgment, problem-solving requires the identification and breakdown of thc facts and components of the problem situation". The College asserts that the Judgment factor ought to be at level 2. That level description reads: "The duties performed require some judgment or choice of action 'within limits. Some analysis is required in problem-solving". The assertion is that the appropriate level is three because the problem-solving activities of the position requires the identification and break-down of the facts and components of the problem situation. It is asserted -7- that the satellite campus facility increases the judgment aspects. The Arbitrator finds that the judgment aspect of the job does not come into play within the core functi(ms of the job dealing with: telephone and in-person inquiries; acting as a Receptionist or doing the preparing and making of the banking deposits. The judgment aspect, when it is required, is less frequent and not always in the core of the job activities. Some judgment may be required for choice of action necessary when dealing with the l~ossibilities of cancellations of classes; the re-scheduling of the same; or, handling the administration and operation of the facilities. However, it is found that the degree of judgment is not at the moderate level and frequency which Would justify being at level 3. The best fit for the position is to be at level 2. Therefore, the position of the College is accepted on this aspect of the job difficulty matrix. Conclusion with respect to Job Difficulty Element The Arbitrator concludes that the factor of Complexity ought to be at level C, as submitted by the Union; and, at level 2 for the factor of Judgment. Therefore, it is determined that the element of Job Difficulty ought to be at C-2. 2. GUIDANCE RECEIVED: COLLEGE B-3; UNION C-3 ii) Factor of Guidelines Available The Union asserts that the guidelines available ought to be at the C level -8- because the work is performed at the satellite campus, and as a result, the Grievor has less opportunity to refer things to either the Chairperson or the SSO. That level in the matrix is described as follows: "Work is performed in accordance with general procedure and past practices and unfamiliar situations are reviewed with supervisor". The College submits that at issue between the parties, on the factor of Guidelines Available, is the availability of both the Supervisor and the SSO to provide information by referral or telephone. It is submitted that even though this may be off site they are available to supervise. The description for level B is: "Work is performed in accordance with established practices. Matters not covered by procedures are referred to the supervisor". The Guidelines Available as a factor of the Guidance Received Matrix attempts to measure the resourcefulness, creativity and ~nitiative associated with the position. While there is an element of creativity and resourcefulness in this position it is not always within the core functions that this occurs. The unique aspects of the features of the satellite campus location had been taken account of in the job difficulty matrix. They ought not to be taken account of again in this instance except to the extent that they contribute to the difficulty of supervising the employee. The Supervisor is available or could be. They do carry out that role. The Grievor's most creative activity is the design of flyers, and that is not within the core functions. The Arbitrator confirms the position of the College that level B is the appropriate level. -9- (ii) Factor of Nature of Review The parties are agreed that the level of review is a 2. Conclusion with respect to the Guidance Received Matrix The Arbitrator confirms the rating of the College and finds the classification ought to b~ at B-3. 3. COMMUNICATIONS - COLLEGE B-2; UNION B-3 ii) Factor of Purpose of Contacts The parties are in agreement with this factor. (ii) Factor of Level of Contact - College is at level 2; Union is at 3 The level of contact within the Communication element matrix is submitted by the Union to be at level 3. It reads as follows: "The contacts are primarily with employees at higher levels within the College and with individuals at middle management levels outside the College". The College submits that the Level of Contact ought to be at level 2 which is described as: -10- 'tThe contacts are primarily with employees at comparable or lower leveis within the College or with individuals below middle management levels outside the Collegetr. The College submits that the contacts with students and the general public are to be rated at 2 and, therefore, the core functions of the job are to be at the second level. The Arbitrator finds that the vast majority of the contadts would be with students or with members of the general public. To the extent that the level of contact is with professors, it is merely to confirm matters such as: room bookings; or student materials have been prepared and are available for the commencement of lectures. The principle contacts within the College is the SSO or the Chairperson as Supervisor. The employee may refer persons to others in the College but does not really deal with others ~n the College in answering student's inquiries or the other requests. Therefore, the Arbitrator concludes that the level of 2 as submitted by the College is appropriate. 4. WORKING CONDITIONS - COLLEGE AT B-2; UNION AT B-3 (i) Manual Effort and Prevalence Element - College at 2; Union at 3 Both parties agree that the Manual Effort level is at B. The oniy dispute is concerning the prevalence of that effort. The Union submitting that it is at level 3 and the College submitting that it oucht to be at level 2. The difference between the prevalence at level 2 is that the manual effort is less than 10% of the time, whereas at level 3 its ocurrence is 10% to 30% of -11- the time. Manual effort at the agreed level B states that work requires light manual effort and physical exertion. Examples include long periods of sitting which occur for at least 10 - 30% of the time. Therefore, the Arbitrator concludes after examining the PDF that the appropriate level h~re is that submitted by the Union at level 3. (~i) Work Environment and Prevalence Element - College at 4; Union at 5 The parties agree that the work environment element that i,s appropriate is level B. The difference between them, as it was with the Manual .Effort, is based on the prevalence of level B for the Work. Environment element. The College submits that it ought to be at level 4, which requires a frequency 31% to 60% of the time, where the Union submits that it ought to be at the top level of 5 which is more than 60% of the time. At level B the work environment is described as "slightly disagreeable working conditions with exposure to somewhat noisy, hot or cold conditions". This individual sits in an office near a door to the outside environment. There is some draft in the Winter. There is also a requirement for the employee to be away from the workplace doing bank deposits weekly and some other activities which take her off site. The Arbitrator agrees with the position of the College at 31% to 60%. CONCLUSION The Arbitrator has concluded that there had to be some alteration to the -12- College's ratings in respect to the factor of Complexity within the Job Difficulty element and also an alteration to the Manual Effort factor within the Working Conditions element. As a result of these variations, the accumulated point total changes .the College's score of 312 to .the Arbitrator's 339. This level of point~ means that the position qualifies for Payband 5. This being the case, the position ought to be classified as a Clerk - Payband 5 (Atypical). The grievance is allowed to that' extent and it is ordered that the position be classified in accordance with this award. 'lhe Arbitrator will remain seized of the determination of the appropriate compensation owing to the Grievor for a period of sixty days from the date herein. The College is directed to determine the amount that is owing and make payment to the ';rievor within that time period. If the parties are unable to agree as to the amount that ought to be paid to the Grievor as a result of this award they are to submit their positions to me in writing within the sixty day time period. The Arbitrator may convene a further hearing to make the final determination of the amount owing to the Grievor or determine it from their Submissions. If the Arbitrator receives no written request from either party to reconvene the hearing for the purposes of making the monetary determinations flowing from this award within the sixty day time period then the Arbitrator will no longer have jurisdiction to deal with this matter. 1 would like to thank the parties for their excellent presentations. Their briefs were well done and to the point. I very much appreciate the level of skill they brought to bear on this case. Thank you~ -13- DATED AT LONDON, ONTARIO THIS 28th DAY OF OCTOBER, 1991. Richard H. McLaren Arbitrator 2066W ' ARBITP~ATION DATA SHEET - SUPPORT STAFF CLASSIFICATIONS COLLEGE FANSHAWE INCUMBENT Charmaine BRAGG PRESENT CLASSIFICATION Clerk - Pay Band 4 (Atypical) 4 Kent Garrett AND PAYBAND SUPERVISOR Clerk - Pay Band 6 JOB FAMILY AND PAYBAND REQUESTED BY GRIEVOR · . 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. RatingI Pts. RatingI Pts. JOB DIFFICULTY B2 75 C3 122 C2 1100 GUIDANCE RECEIVED B3 79 C3 104 B3 79 COMPUJNICATIONS ' B 2 4 8 B 3' 59 I B2 48 K~OWLEDGE TPJkINING/EXPERIENCE C3 64 C3 64 I C3 64 SXILL 2 21 2'I 21 I 2 21 WORKING MANVJA L B2 5 B 3 I 71B3 7 CONDITIONS VISUAL B4 10 B4 I 10 B4 10.. ENVIRONMENTAL B 4 10 B 5 I 13 B4 10 TOTAL POINTS 312 400 339 PAYBAND NUMBER 4 6 ATTACHED WRITTEN SUBMISSIONS: ~ The Union ~7~ The College (Optional) SIGNATURES: FOR THE UNION mR MANAGEMENT (Grievor) ~ ~ (Date) . (Date) ARBITRATOR'S US~ 0l.,ber 8~.~.~9~9 ~ October 28, 1991