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HomeMy WebLinkAboutHendershott 91-04-03~ ° ~ ' 90D799 Local 109 Cg~T S IN THE MATTER OF AN ARBITRATION BETWEEN: ONTARIO PUBLIC SERVICE EMPLOYEES UNION (hereinafter called the the Union) - and- FANSHAWE COLLEGE OF APPLIED ARTS AND TECHNOLOGY (hereinafter called the Employer) - and - MRS. JUDY HENDERSHOTT (hereinafter called the Grievor) SOLE ARBITRATOR PROFESSOR IAN A. HUNTER APPEARANCES: FOR THE UNION: MR. CHARLES TITUS, SPOKESPERSON MS ANN CUMMINGS, ADSVISOR MRS. JUDY HENDERSHOT, GRIEVOR FOR THE EMPLOYER: MR. P. MYERS, DIRECTOR, HUMAN RESOURCES MS G. ROZELL, ASSISTANT DIRECTOR, HUMAN RESOURCES MR. KENT GARRETT, CHAIR, CONTINUING EDUCATION, WOODSTOCK A HEARING WAS HELD IN LONDON, ONTARIO ON APRIL 25, 1991. AWARD (1) INTRODUCTION The Grievor, Mrs. Judy Hendershott, is a Clerk in the Community ProGrammes Division, School of ContinuinG Education at the Fanshawe ColleGe satellite campus in Woodstock, Ontario. She has been in her present position since 1986. Her Grievance (Exhibit 1) alleges improper job classification of the position at present; 421 points, Payband 6. The Union seeks reclassification at 528 points, Payband 8. (2) AGREED JOB FACTORS The parties are agreed on the followinG job factors. KnowledGe: Skill 3-34 points Working Conditions: Manual B5 -- 13 points WorkinG Conditions: Visual B4 -- 10 points WorkinG Conditions: Environmental A5 -- 3 points (3) JOB FACTORS IN DISPUTE There are four job factors in dispute. These factors, and the proposed ratings, are: Job Factor ColleGe Rating Union RatinG (1) Job Difficulty C3 C4 (2) Guidance Received C3 D4 (3) Communications B3 C3 (4) Knowledge: Training D3 D4 and Experience (4) OVERVIEW OF POSITION The grievor, the union and the college all agree that the Position Description Form (Exhibit 3) accurately captures the nature, responsibilities and duties of this position. Under the supervision of the Chair, Community Programmes, Oxford County the grievor performs a wide range of duties which may be broken'down into five general categories: (1) VAX -- Word Processing Responsibilities VAX is the mainframe system that links Fanshawe to its satellite campuses. The incumbent also has a desktop computer which she uses for word processing. On the VAX system, the incumbent prepares course and programmes modules, course outlines, standard workload forms, registration information, student attendance records, etc. Some students are agency-sponsored (e.g., by Canada Employment and Immigration Commission). The incumbent is involved with the sponsoring agency in recording student attendance, ensuring fees payment, and reporting accurately concerning the students' progress 3 to the sponsoring agency. The PDF acknowledges requirements of "good interpersonal skills" and "accuracy" in the context of "a multitude of agencies and professional organizations." The VAX-wordprocessing responsibilities count for roughly 35% of the grievor's work time. (2) Accounting/Bookkeeping The PDF details several basic accounting/bookkeeping functions required in this position. The grievor maintains a petty cash fund and has authority to make payments to coordinators or instructors for purchase of minor items. She tracks telephone costs and reports any apparently excessive telephone bills to her supervisor, Mr. Kent Garrett. She collects and records student fees and will negotiate, within limited parameters (e.g., weekly, bi-weekly or monthly) a scheme of fee payment. She orders learning resources and, under direction of Mr. Garrett, Drepares budget data. She keeps careful records of student attendance and reports unauthorized student absences to sponsoring agencies. The accounting/bookkeeping function represents approximately one-third of the grievor's work time. (3) General Office Duties The PDF outlines certain general office duties which might 4 accurately be summarized as routine receptionist/secretarial. In the absence of Mr. Garrett (and sometimes when he is there) the grievor is responsible for replacing instructors who call in sick; in the event that she cannot find a suitable replacement for the class, she may have to inform the students that the classes for that particular day are cancelled. General office duties represen~ approximately 20% of the grievor's work time. (4) Annual Graduation Ceremonies The grievor has major responsibility for planning, preparation and carrying out of the Woodstock graduation ceremonies. This includes arranging for an appropriate facility (usually at Knox Presbyterian Church in Woodstock), arranging catering, printing of invitations, coordination of the platform party, and ensuring that all Certificates and Awards are on hand. Over the course of a year, this function represents approximately 5% of the grievor's work time; for the three weeks immediately preceding graduation it is virtually a full-time responsibility. 5 (5) Switchboard/Receptionist This function, which is accurately summarized in the PDF, represents about 5% of the grievor's work time. It is essentially a replacement function (e.g., lunch, days off, etc.) when another clerk, Charmaine Bragg, is away. (5) DECISION My findings of fact, and conclusions, in respect of each separate 3ob factor in dispute are set out below. (a) Job Difficulty It will be noted that the parties agree on comDlexity: "Work involves the performance of various complex tasks that include both routine and non-routine aspects requiring different and unrelated processes and methods." The parties differ on Judgment. The College has rated judgment 3: "Duties performed require a moderate degree of 3udgment. Problem solving requires the identification and breakdown of the facts and components of the problem situation." 6 The Union rates judgment at 4: "Duties performed require a considerable degree of judgment. Problem solving involves handling a variety of conventional problems, questions or situations with established analytical techniques." Obviously the line between "moderate" and "considerable" 3udgment cannot be drawn with exactitude. However, on the whole of the evidence, I am persuaded that the position does involve "considerable" judgment. I have reached this conclusion for four reasons: (1) the position is at a satellite campus where the incumbent must function without the close proximity of support Departments and officials who are located on the main campus. (2) the grievor's work is varied, complex and requires both interpersonal tact and a high degree of accuracy. (3) The grievor's supervisor, Mr. Kent Garrett, who has supervised this position for six years, testified candidly that the position requires "a high degree of judgment and decision-making on a day- to-day basis." I interpret this assessment as more consistent with "considerable" than with "moderate" judgment. (4) Finally, the grievor's primary and major responsibilities for the annual graduation exercises certainly seem to me to require "considerable" judgment. The second part of the "4" rating is problematical. Certainly the grievor is involved in problem-solving. Certainly she must handle a variety of conventional problems, questions or situations. ? However, when I asked her specifically about "analytical techniques" she could mention none. When I asked her what her most difficult problems are, she said (1) finding replacement instructors; and (2) accuracy and completeness in student records. In listening to the grievor describe how she handles these problems, I am satisfied that she does employ analytical techniques, although not, perhaps, as that term is conventionally understood. Not without some hesitation, I have concluded that the appropriate rating on 3ob difficulty is C4. (b) Guidance Received The College has rated this factor C3: "Work is performed in accordance with general procedures and past practices. Unfamiliar situations are reviewed with supervisor. Work assignments are intermittently and/or periodically checked for quality." The Union has rated this factor D4: "Work is performed in accordance with 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. Work assignments are subject to a general form of review for achievement of specific objectives and adherence to establish deadlines. The Job Evaluation Manual stipulates that this factor measures 8 "resourcefulness, creativity and initiative." While it is difficult to separate the position in question from the exemplary competence of its 'current incumbent, Mrs. Hendershott, I am satisfied that the position does require considerable resourcefulness and initiative, but I am less convinced about "creativity." On Guidelines Available, I am satisfied that most of the grievor's work is performed in accordance with "general procedures and past practices." Mr. Garrett is physically in the office approximately 70% of the time while the grievor is working; at other times he is available at the end of a telephone. From her evidence, I conclude that it is her practice' to review unfamiliar situations with him. There was no evidence of adapting or modifying College procedures or past practices. Accordingly, I hold that Guidelines Available is properly rated C. The Nature of Review, according to Mr. Garrett's testimony, is "general." Both the grievor and Mr. Garrett agreed that he would see only about 30% of her work which passes his desk for signature or authorization. The other two-thirds of the grievor's work is not checked intermittently or periodically for quality. The grievor is required to meet some deadlines set by the Planning and Development Office. From these facts, which are not disputed, I conclude that the appropriate Nature of Review is 4. Accordingly, Guidance Received should be rated C4. 9 (c) Communications The College has rated Communications B3. The Union's proposed rating is C3. It is noted that the parties agree on Level of Contacts, but differ on their Purpose. The College has rated Purpose of Contacts: "Work involves contacts for the purpose of providing detailed explanations to ensure understanding on matters such as how information was collected or how a figure was calculated." The Union has rated Purpose of Contacts: "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." Most of the grievor's contacts are with students. Students will raise questions concerning course allotment, fees, student loans, etc. The grievor testified that her main duty is to provide detailed and accurate information in response to student questions. I heard nothing which would lead me to conclude that the grievor provides "guidance or instruction." Nor does she interpret College policies or procedures, a responsibility which she acknowledged was Mr. Garrett's. Accordingly, Communications is correctly classified B3. 10 (d) Knowledge: Training and Experience The College has rated this factor D3; the Union has rated it D4. The sole dispute between the parties is whether or not "additional job-related training courses or equivalent" are needed beyond secondary school graduation and up to five years practical experience. Both the grievor and Mr. Garrett were agreed in their evidence that the minimum qualifications for the position were Grade 12 and five years practical experience. It follows that this factor is correctly rated D3. The appropriate rating for the position in question is as follows: Job Difficulty -- C4 -- 144 points Guidance Received -- C4 -- 124 points Communications -- B3 -- 59 points Knowledge: Training and Experience -- D3 -- 76 points Knowledge: Skill -- 3 -- 34 points Working Conditions: Manual -- B5 -- 13 points Working Conditions: Visual -- B4 -- 10 points Working Conditions: Environmental -- A5 -- 3 points 463 points; Payband 7. 11 The grievance of Judy Hendershott is allowed. The position in question is to be reclassified at 463 points, Payband 7. I remain seized to deal with any issues which may arise in the implementation of this Award. DATED at the City of London this ~ day of ~;~/~- 1991.