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HomeMy WebLinkAboutBrown, Union 89-05-11 IN THE MATTER OF AN ARBITRATION BETWEEN: ONTARIO PUBLIC SERVICE EMPLOYEES UNION (hereinafter called the the Union) FANSHAWE COLLEGE OF APPLIED ARTS AND TECHNOLGOY (hereinafter called the Employer) - and- MS ANNE BROWN (hereinafter called the Grievor) SOLE ARBITRATOR PROFESSOR IAN A. HUNTER APPEARANCES: FOR THE UNION: MS JEAN CRAWFORD, SPOKESPERSON MS EDNA HOY, OBSERVER MS ANNE BROWN, GRIEVOR FOR THE COLLEGE: MR. D.L. BUSCHE, ASSISTANT DIRECTOR, HUMAN RESOURCES MR. KEITH JOHNSTON, MANAGER; PURCHASING SERVICES A HEARING WAS ~ELD IN LONDON, ONTARIO ON MAY 5, 1989 AWARD (1) Introduction The grievance of Anne Brown alleges improper classification. She is currently classified as Clerk General, Atypical, Payband 6. Her position is Accounting Clerk in the Fanshawe College store. There are four Job factors in dispute. The core point ratings of these factors are: Factor College UniOn (1) Job Difficulty C3 C4 (2) Guidance Received C3 D3 (3) Communications B2 C3 (4) Knowledge: Training and Experience C4 C5 (2) Overview of Position The Position Description Form, and the oral evidence of the grievor, were quite similar and accurately convey the nature of th/s position. The essential job functions, ranked in order of time allocation in practice are these: 2 (1) Accounts Payable Buyers purchasing books or supplies generate a purchase order. The grievor must match the purchase order with the supplier's 'invoice. If-satisfie~'that-~u~'-gooc%~-have--been-~-receivedT--the grievor signs a form which authorizes the accounting office to pay the invoice. Within this function, some independent discretion is exercised: for example, determining whether or not to pay shipping charges, checking to ensure against overcharging, claiming discounts to which the college may be entitled, etc. Conversation takes place with buyers and vendors, usually the sales representatives or customer service representatives of publishers. Some institutional clients maintain "open" accounts and the incumbent must keep a ledger recording dates, amounts, etc. The P.D.F. identifies the accounts payable function as occupying 57% of the incumbent's time annually; the grievor estimated the accounts payable function as occupying at least 40% of the time. Despite this variance, which is not significant, the evidence left me in no doubt that the accounts payable function is the most time-consuming aspect of the position in question. (2) Cash Handling and Verification The incumbent has daily dealings with at least three (and at peak periods of the college year, specifically September and June) 3 as many as ten cashiers. She gets the cash from the vault at the beginning of each day and she gives each cashier her float. Periodically during the day she will pick up cash. She records and deposits cash receipts. She balances and checks for accuracy the cash report which each cashier must submit. She verifies and deposits credit card sales. She is frequently called upon by cashiers to authorize doubtful cheques or to approve credit card purchases made on cards belonging to someone other than the prospective purchaser. In the latter case, she will question a customer and perhaps make a telephone call or two to verify identification. She may also telephone Visa or Mastercard Centres for authorization. The grievor instructs cashiers on proper use of cash register, charge card machines, and cash reports. She has some minimal training responsibilities in respect of cashiers. The. cash handling and verification function accounts for something in excess of 20% of the grievor's time. (3) Accounts Receivable The grievor maintains a file on monies owed (for example, on NSF cheques returned) to the College store for items purchased. Follow-up letters requiring payment and warning of the consequences of persistent non-payment (namely withholding grades by the Registrar's office) are sent out over the grievor's signature. When payments are forthcoming the grievor records this on a ledger. She submits uncollected accounts to the Registrar or to collection authorities. Prior to doing so, she may interview the delinquent debtor and has discretion to grant an extension of--time-'for payment. The grievor estimated this function as occupying approximately 15% of her time. (4) Subsidiary Duties These may be briefly summarized under the following headings: (a) Follow-up on returns The grievor receives a copy of the shipping memo when goods are returned. She checks to ensure that an appropriate credit (or cheque) is subsequently given. (b) Maintains a record of general accounting receipts E.g., a customer may request a receipt for income tax purposes. 5 (c) Ministry of Government Services The College maintains an account with the Ministry and the grievor prepares the appropriate documentation. (d) Miscellaneous Participates in book store staff meetings; is encouraged to submit ideas for policies and procedures manual: some minimal job training of cashiers. (3) Decision My findings of fact, and conclusions, in respect of each separate Job factor are set out below. (a) Job Difficulty The Job Difficulty Matrix has two elements: Complexity and Judgment. The parties are agreed on complexity (C). The College evaluates Judgment at level 3: "Duties performed require a moderate degree of Judgment. Problem solving requires the identification and breakdown of the facts and components of the problem situation. 6 The Union evaluates Judgment at. level 4: "Duties performed require a considerable degree of Judgment. Problem solving involves handling a variety of conventional problems, questions or situations within established analytical techniques." Obviously the line between "moderate" and "considerable" Judgment cannot be drawn with mathematical exactitude. Three' considerations convince me that level 3 is the correct classification: (1) The grievor's most essential duty involves matching documents to performance: e.g., matching a purchase order to an invoice; verifying a cash register report to actual cash receipts; ensuring credit given for books returned. Certainly some judgment is involved, but "considerable" Judgment overstates the requirement Judging from the grievor's own evidence; (2) I have noted the other Jobs given as examples of C3; these seem to me more comparable with the nature of the grievor's duties, as outlined in the evidence, than those (e.g., nurse A or library technician A) in .C4. (3) Mr. Johnston, the grievor's supervisor and manager of the store, described the Judgment required by the position as "fair". I interpret this assessment as more consistent with "moderate" than "considerable". This conclusion is fortified when I turn to the second part of the definition of Judgment. I asked the grievor what was the most difficult problem she encountered. She replied that it was deciding whether or not to allow students, delinquent in payment 7 of their accounts, an extension of time for payment. A second example she gave was where a cashier rejects payment by credit card because the card belongs to someone other than the person presenting it. The grievor may be called upon to (a) mollify an angry customer, or (b) determi~e whethe~ ~ aC~eD-t~the-credit~ard for purchase. To determine this she may (a) ask the purchaser for further identification; or (b) call the credit card owner to determine that the purchase is authorized. Both problems given by the grievor exemplify a process of (1) identifying the nature of the problem, and (2) exercising a limited discretion to resolve it. Neither, I conclude, involve "established analytical techniques." Accordingly, I have concluded that C3 is the correct rating of Job Difficulty. (b) Guidance Received The College rates this factor C3: "Work is performed in accordance with general procedures and past practices. Unfamiliar situations are reviewed with supervisor." The Union rates this factor D3: "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." 8 It will be seen that the parties are agreed on the Nature of Review but differ on Guidelines Available. Reference was made at the hearing to a "green book" which 'contains%~0~e policies (or in Mr. Johnston words "guidelines") on such things as cheque cashing, charge cards, etc. (See Exhibit 2). It was clear, particularly from the evidence of Mr. Johnston, that the grievor has considerable discretion, within these guidelines, to make independent decisions. These decisions do not require Mr. Johnston's approval in individual cases. These discretionary decisions may involve considerable amounts of money (for example, a specific case, involving an invoice for approximately $2000, was mentioned. Perhaps the fairest summary of the evidence on this point was: the grievor does not have authority to rewrite the store~s policies as contained in the green book. However, within those guidelines or policies, she has a very wide discretion and is expected by her supervisor to exercise it independently. This discretion may involve decisions involving fairly substantial amounts of cash or credit. This evidence convinced me that the proper classification is 'D3. Clearly the grievor "adapts and modifies" store guidelines to meet particular situations or problems. While Mr. Johnston is available to assist her, the evidence is that she seldom requires assistance. The position is to be reclassified on Guidance Received as D3. 9 (c) Communications The College rates this factor B2: "Work involves contacts for the purpose of providing detailed explanations to ensure und6rStanding on such matters as how information-was-¢e~tect~r how a figure was calculated. Contacts are primarily with employees at comparable or lower levels within the College or with individuals below middle management levels outside the College. The Union rates this factor C3: "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. Contacts are primarily with employees at higher levels within the College and with individuals at middle management levels outside the College." All of the evidence, from both the grievor and her supervisor, left me in no doubt that B2 is the correct classification. The purpose of the grievor's contacts are to provide, or seek, information. There was no evidence of the grievor providing "technical advice", nor of the grievor interpreting College policies or procedures. The primary level of contacts was with employees at comparable or lower levels within the College and below middle management levels outside the College. 10 (d) Knowledge: Training and Experience The single issue here between the parties is whether the basic formal academic training minimally required for the position is secondary school graduation and additional Job-related courses (the College's position) or a two year community college diploma or equivalent (the Union's position). The grievor herself is living refutation of the Union's own submission. She testified that, from the first day on the Job, she was complimented for the excellent Job she was doing. She has secondary school graduation plus some Job related courses. The grievor did testify that a community college diploma might be "ver~ helpful" in performing the Job duties but not a minimum requirement. Mr. Johnston was clear in his evidence that the position required a secondar~ school graduate, and that he would look for "an excellent cash'handler." There was absolutely no evidence that would support any change in the current rating C4. Accordingly, the appropriate classification for the position in question is as follows: Job Difficulty -- C3 -- 122 points Guidance Received -- D3 -- 129 points Communications -- B2 -- 48 points Knowle~e: Training and Experience -- C4 -- 78 points 11 Knowledge: Skill -- CB -- 34 points Working Conditions: Manual Effort -- B4 -- 10 points Working Conditions: Visual -- B§ -- 13 points Working Conditions: Environmental -- AB -- 3 points 437 points, Payband 6 In respect of the Core Point Rating of Guidance Received the grievance of Anne Brown is allowed. The rating for that 3ob factor is changed to D3 -- 129 points. In all other respects, the grievance of Anne Brown is dismissed. DATED at the City of London this ~ day of May, 1989. _ &n A. ~unter bitrator