HomeMy WebLinkAboutIrvine 88-10-07 ONTARIO PUBLIC SERVICE EMPLOYEES UNION
(hereinafter called the Union)
and-
FANSHAWE COLLEGE OF APPLIED ARTS AND TECHNOLOGY
(hereinafter called the College)
- and -
Ms. Nona Irvine
(hereinafter called the Grievor)
SOLE ARBITRATOR
Professor Ian A. Hunter
APPEARANCES:
FOR THE UNION: Ms. Jean Crawford, Spokesperson
Ms. Nona Irvine, Grievor
Mr. Jim Philips, President
Ms. Edna Hoy, Observer
FOR THE COLLEGE: Mr. D. L. Busche, Assistant Director,
Human Resources
Mr. J. S. Brown, Chairperson, Design Division
Mr. A. D. White, Observer
Mr. P. T. Myers, Director, Human Resources
A HEARING WAS HELD IN LONDON, ONTARIO ON OCTOBER 3, 1988.
AWARD
(1) Introduction
The grievance of Nona Irvine dated November 27, 1987 alleges improper
classification as Support Services Officer A, 546 points, pay band 8. The relief
requested is reclassification at 739 points, pay band 11.
The parties are agreed, and the evidence supports, that the Grievor's
position is correctly classified in the Support Services Officer Job Family. The
P.D.F. is not in dispute.
(2) The Parties' Position on Core Point Rating
Ratings College Evaluation Union Evaluation
Degree Points Degree Points
Job Difficulty C4 144 E6 246
Guidance Received 1)4 150 ])4 150
Communications C3 84 D4 123
Knowledge:
Training and Experience I)6 118 D6 118
Knowledge: Skill 3 34 5 61
Working Conditions:
Manual Effort A5 3 B4 10
Working Conditions:
Visual B4 10 I94 28
Working Conditions:
Environment A5 3 A5 3
Total Points: College 546 points, pay band 8
Total Points: Union 739 points, pay band 11
(3) The Position of Divisional Assistant to the Chairperson, Design Division
The Grievor, Nona Irvine, has been the Administrative Assistant to the
Chairman of the Design Division (in fact, if not in name) since February 1979.
The evidence left me in no doubt that she is an able employee, with a deep
understanding of all facets of the job, and a commitment to excellent
performance.
She works 8:30 a.m. to 4:30 p.m. at a satellite campus located at 520 First
Street in London, approximately one kilometre away from the main Fanshawe
campus but linked to it by a shuttle bus. The building is a one-storey industrial
building and the Design Department occupies 17 bays of this building.
The job in question breaks down into two essential, and roughly equal,
components: (1) program and (2) other duties.
(1) Program
There are seven programs in the Design Division: fashion design,
fashion merchandising; industrial design; advertising art; interior design;
urban design; landscaping design. Student apply to a specific program. All
are three year programs.
Program evaluation is done by the Chairman (Mr. Brown), Advisory
Committees (drawn from the profession) and the Board of Governors. By a
process of ongoing review the seven design programs are kept current. This
involves deletion of old courses, substitution of new courses, modification of
existing courses, adaptations to new technology and learning, literature, etc.
The Grievor's formal involvement in program evaluation is minimal.
Once decisions have been made concerning design program
modifications, the Grievor acts as a technical advisor to the "program team"
consisting of a program co-ordinator, instructors and the Chairman (Mr.
Brown). The Grievor's knowledge relates to scheduling, timetabling, course
numbering and description, the semester and Co-op programs etc.; in other
words, technical considerations as opposed to substantive course content.
Once the program team has revised the curriculum, the Grievor is
involved in preparation of a data pack. This ingenious and informative
package consists of three main documents: (a) a program outline; (b) a
program design; and (c) course descriptions. It is casting no aspersion on the
amount of work involved in preparation of these data packs to note that the
information which they contain is readily available to the Grievor, either
already on file in documentary form or readily available orally from the
instructors, and the Grievor's task is to assemble it in the approved format.
With the finished data packs, the Grievor draws up a timetable. The
evidence left me in no doubt that this is the most demanding of the Grievor's
responsibilities requiring, as she put it, "mental gymnastics". The process is
that course co-ordinators submit a rough timetable to her. Three complete
timetables must be done each year, one for each semester. The Grievor will
work through the rough timetables, trying to formulate and refine three
mutually compatible and consistent timetables: for faculty, students and
classrooms. She accomplishes this, essentially, by taking all the variables
(such as historical records, vacations, no-teaching weeks, professional
development, etc.) in trying to match up staff, students and rooms; to do this
she works from the rough drafts produced by the co-ordinators. Several
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revisions will be required before an acceptable, conflict-free timetable emerges.
At the time of the grievance, this task was done by hand, although more
recently the Grievor is doing timetabling on the VAX computer.
The P.D.F. says this about the timetabling function:
"The timetabling function itself is extremely complex due to the
trisemester system and multiple co-op patterns which are in
operation. Quantitatively, two hundred comprehensive timetables
have to be hand-produced each year to fulfil the changing
semester needs. This type of work in not routine and because it is
forever changing it will require specialized processing
methodology."
The Grievor also prepares SWFs (Standard Workload Forms) for each
faculty member.
For convenience, I have grouped these as program functions and, on the
evidence, collectively they occupy about 50 percent of the Grievor's time.
(2) Other Duties
The Grievor performs a variety of other functions, comprising the
remaining 50 percent of her job; these may be conveniently summarized under
these headings:
(a) taking minutes (at faculty meetings);
(b) maintaining budget accounts;
(c) supervising one full-time clerk and one part-time (20 hours per week)
steno;
(d) typing up purchase orders;
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(e) receiving supplies for the Design Division;.
(f) providing program information;
(g) conducting parents or prospective students on College tours;
(h) dealing with building maintenance problems (e.g. leaky roof, faulty
plumbing, etc.)
(i) arranging College meetings;
(j) contacting publishers representatives, design companies, and award
sponsors;
(k) organizing the mechanics (e.g. buses) of field trips.
The Chairman of the Design Division (and the Grievor's supervisor) Mr.
John Brown, testified on behalf of the College. In all material particulars, his
evidence fortified and reinforced the Grievor's description of the position, time
allocation to various tasks, complexity, procedures used to perform required
tasks, communications, etc. Between the two witnesses there were few, if any,
factual discrepancies.
(4) Factors in Dispute
(a) Job Difficulty
The College has rated Job Difficulty at C4: "Work involves the
performance of various complex tasks that include both routine and non-
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routine aspects requiring different and unrelated processes and methods.
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 Union submits that E6 is the correct rating: "Work involves the
performance of non-routine and relatively unusual tasks that may require the
application of specialized processes or methods. Duties performed require a
high degree of judgement. Problem-solving requires adopting analytical
'techniques and development of new information on various situations and
problems."
Dealing first with Complexity, the issue between the parties is (a) the
nature of the Grievor's tasks ("...various complex..." versus non-routine and
relatively unusual) and (b) the application of specialized methods.
From the evidence, I consider C the correct classification. Timetabling
is the most complex task the Grievor performs. And there is no doubt that it is
complex. It requires mental flexibility, attention to detail, brainpower, and
patience. It recurs three times a year. The Grievor will be putting constant
factors into the mix three times a year to come up with an acceptable timetable;
the result will be different every semester but the same factors, and the
application of similar techniques, will lead each semester to an acceptable
overall timetable. On the evidence, I cannot find that timetabling is a relatively
unusual function; it is not even non-routine. It is a complex, but relatively
routine function, which requires different (but not specialized) processes and
methods to resolve.
On Judgement, I find that level 4 is correct. The Grievor's tasks require
considerable judgement and the application of established analytical
techniques. The Grievor does not develop new information; rather she works
with established, given information to create a conflict-free timetable. The
data which the Grievor makes use of is readily available (from other
documents) or provided by instructors.
I am satisfied that Job Difficulty is correctly rated as C4.
(b) Communications
The College has rated this factor C3: "Work involves contacts for the
purpose of proViding guidance, instruction or technical advice or 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 level outside the College."
The Union submits that the correct classification is D4: "Work involves
contacts for the purpose of problem identification and solution with respect to
matters of considerable importance requiring tact, diplomacy and persuasion.
Contacts are primarily with employees at senior management levels within
the College and outside the College."
The Grievor's primary contact is with her supervisor, Mr. Brown. Her
next most frequent contact is with program co-ordinators. Next with other
department of the College, such as Planning, Accounting, etc.
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The Grievor also has outside contacts, mostly at a middle management
level, although when she contacts Awards sponsors (a relatively infrequent
contact) it is undoubtedly at the senior management level, usually the
company president.
I am satisfied on the evidence that the Grievor's contacts are primarily
with employees at higher levels within the College and middle management
individuals outside the College. Consequently, I find that the College has
correctly rated the Level of Contacts at 3.
The Grievor is at a satellite campus. This means that services s'uch as
maintenance and nursing are less immediately available than on the main
campus. This is acknowledged in the P.D.F.:
"As a satellite campus operation, located about one mile from the
main campus, the division has, by necessity, to be self-contained,
self-operational with minimal assistance. This uniqueness
impacts on self-responsibility to facilitate the opening of the
division and classrooms, attending to routine problems, i.e.
power/leakages/breakages; rendering first aid to the sick as
required, dealing with constant heating and cooling problems;
class cancellation; safety problems; room scheduling; weekend
opening; field trips; orientation to programs, open houses,
workshop/darkroom/bookstore and cafeteria services on a daily
basis."
Both the Grievor and her supervisor (in fact, Mr. Brown to a greater
extent even than the Grievor) stressed the need for tact, diplomacy and
persuasion in the resolution of problems ranging from faculty conflicts (Mr.
Brown referred to the design faculty as "creative and temperamental prima
donnas"), health problems (where the Grievor, who possesses a first aid
certificate, deals with health problems among female students) and
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timetabling conflicts. Recognizing, as I do, that it is a position not an
incumbent that I am rating, I accept Mr. Brown's emphasis on the tact and
diplomacy required by an incumbent in that position.
The correct rating, on the evidence, is D3.
(c) Knowledge/Skill
The College has rated this level 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."
The Union submits that level 5 is the correct rating: "Work requires the
ability to organize complex statistical information and to understand and apply
elementary principles of a science or professional discipline. May operate very
complex electronic instruments, laboratory or computer equipment."
The Grievor spends approximately 50 percent of her working day on one
of two computer terminals, a PC or VAX. There was no evidence that these
were "very complex" computers; indeed at the date of the grievance, she did not
use computers for the most complex function, timetabling. The Grievor does
not use laboratory equipment. The other office equipment (photocopier, ditto
machine) which she uses could only be described as basic.
This factor is correctly rated 3.
(d) Workin~ Conditions: Manual Effort
The College has rated this A5: "Work requires minimum.manual effort
and physical strain in the variety of normal positions, e.g. intermittent sitting,
standing, walking, ordinary office tasks. Continuous--more than 60 percent
of the time."
The Union submits that the correct rating is B4: "Work requires light
manual effort and physical exertion, e.g. prolonged standing, sitting, walking,
climbing stairs, using light tools and/or handling lightweight materials.
Frequent--31 to 60 percent of time."
The only issue between the parties is whether the manual effort required
in this position is "minimal" (College) or "light" (Union).
The Grievor's functions include receiving for the Department. The most
common delivery is of paper, either boxed from Reprographics or supplies
such as blueprint paper from commercial sources. The Grievor testified that
she "regularly" carries boxes of paper weighing approximately 30 pounds from
the receiving to the faculty area. Heavier boxes, weighing up to 67 pounds, she
either moves on a trolley or gets Mr. Brown to lift and carry. Carrying fairly
heavy supplies she described as a "daily" occurrence. Her supervisor
supported this evidence. On any interpretation, such lifting, on a regular
basis, requires at least light manual effort. The correct rating is B4.
(e) Working Conditions: Visual Strain
The College rating is B4: "Moderate visual concentration required.
Required to focus on small areas or objects for short periods of time, i.e. up to
one hour."
The Union submits the correct rating is D4: "Extensive visual
concentration required. Required to focus on small areas and objects for more
than two hours at a time."
The Grievor spends approximately 50 percent of her time at a computer
terminal. She herself used the phrase "a fair amount" of visual concentration
required. When 1 look at the matrix I find that the Grievor is presently
classified with employees (including computer operators) whose functions
would involve considerably more time at a computer terminal and at least as
much visual strain as on the Grievor. In this era of office computers, some
moderate visual concentration will be required of all who work on computer
terminals. I heard nothing in the evidence which would persuade me that the
visual strain in the Grievor's position exceeds "moderate". Consequently, the
correct rating for this factor is B4.
I have appended to this Award a revised core point rating.
To the extent set out herein, the grievance of Nona Irvine is allowed. I
shall remain seized to deal with any issues which may arise in the
implementation of this Award.
DATED at the City ofLondon this ~ff~_ dayof K)~'e-~ ,1988.
Professor Ian A. Hunter
S~_/Arbitrator
COT,T'~.GE Fanshawe College ~
GRIEVOR MS. Nona Irvine
CLASS IFI CATION/
POSITION Support Services Officer A
HEARING DATE October 3, 1988
APPEARANCES:
MANAGEMENT UNION
DECISION:
Degree Points
Job Difficulty c4 144
Guidance Received D4 150
Con~munications D3 109
Training
$ Exper. D6 118
K no w I edge
Skill 3 34 -,
Manual
Effort B4 10
Working
Conditions Visual B4 10
, Environ. A5 3
Total Points 578
Pay Band Number 9
COMMENTS:
DATE ~&~ ~/~ ~ SIGNATURE