HomeMy WebLinkAboutMacDonald 96-04-01IN THE MATTER OF AN ARBITRATION
BETWEEN:
GEORGE BROWN COLLEGE OF APPLIED ARTS AND TECHNOLOGY
("the College")
and
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
("the Union")
AND IN THE MATTER OF A CLASSIFICATION GRIEVANCE OF PATRICIA
MACDONALD (OPSEU #95G118)
ARBITRATOR: Ian Springate
APPEARANCES
For the College: Regina Lapworth, Manager, Labour Relations - Support Staff
Trish Baynham, Acting Chair, Early Childhood Education Program
Patricia Chomey-Rubin, Supervisor, Doug Light Clfild Care
For the Union: George A. Richards, Senior Grievance Officer, OPSEU
Winston Cheung, Steward Local 557
Patricia MacDonald, Grievor
HEARING: In Toronto on December 12, 1995 and March 6, 1996
AWARD
INTRODUCTION
On May 24, 1995 the grievor filed a grievance which challenged her classification under
the job evaluation system binding on the parties. The grievor at the time was classified as an
Atypical Clerk General at payband 7. Her position was rated as having a point total of 462 under
the core point rating plan which forms part of the job evaluation system. The grievance alleged
that the grievor should properly be classified as a Support Services Officer at payband 10.
Subsequent to the filing of the grievance the College's Support Staff Classification
Committee twice re-evaluated the grievor's position. The final result was a reclassification of the
position to that of a Clerk General D at payband 8 with a point total of 538.
The College prepared a position description form ("PDF") respecting the grievor's
position. Certain revisions were made to the PDF during the grievance procedure. The Union
accepts the accuracy of most of the current PDF but submits that it still requires certain
alterations and additions.
The grievance was referred to arbitration pursuant to an expedited procedure for
classification grievances set out in the applicable collective agreement.
The parties currently agree on the ratings for four of the 12 factors under the core point
rating plan, namely: experience, complexity, motor skills and work environment. The remaining
eight factors are discussed later in this decision.
THE FIRST DAY OF HEARING
The collective agreement binding on the parties provides that for expedited classification
arbitrations the parties must provide their written submissions to the arbitrator and to the other
side no less than 14 days prior to the hearing. On August 16, 1995 the Union and Management
Co-chairs of the Joint Classification Committee sent the classification arbitrators a letter which
commented on this provision. The relevant parts of the letter read as follows:
At the March 15, April 19, and August 16, 1995 meetings of the Joint
Classification Committee (JCC), discussion was held regarding concerns expressed
by some individuals in recent arbitration hearings. The Committee felt that it was
appropriate to write to the Expedited Arbitrators regarding some of these
concerns.
1. Written Material
In accordance with Article 18.4.3.4 (Information to Arbitrators), no written
material can be considered at the hearing unless it has been provided to the parties
fourteen (14) days prior to the hearing.
The first day of hearing was held on Tuesday December 12, 1995. At the commencement
of the hearing the representative of the College raised the fact that the College had only received
the Union's brief on Thursday December 7, 1995. She indicated that while she was in a position
to address the brief itself, she had not had sufficient time to consider a large number of documents
referred to in the brief that the Union wanted to enter as exhibits. She objected to the
introduction of the documents into evidence. The representative of the Union replied that the
documents were relevant and it would be dangerous for me not to consider them.
In light of the August 16, 1995 letter from the Joint Classification Committee I indicated
that I was not prepared to accept the documents in question as exhibits. The representative of the
Union then asked that the hearing be adj'c~urned so as to allow for the timely filing of documents
prior to the resumption of the hearing. The representative of the College indicated that she would
agree to an adjournment but only if the Union picked up my fee for the day. The representative of
the Union objected on the basis that I had no authority to award costs. Because of the expedited
nature of the classification arbitration process, I ruled that I would only grant an adjournment on
agreement of both parties. The representative of the Union then agreed to the terms proposed by
the College. Having regard to the agreement of the parties I adjourned the heating.
Fourteen daYs prior to the new hearing date the Union provided myself and the College
with a revised brief which included the documents the Union intended to rely on as exhibits.
THE PDF'S SUMMARY OF THE GRIEVOR'S DUTIES AND RESPONSIBILITIES
The PDF states that the grievor performs administrative duties for the Manager of
Daycare Operations. Due to a reorganization of the daycare operations, since September of 1995
the grievor has reported to the Chair of the College's Early Childhood Education Program.
The College administers eight day care centres with approximately 75 full-time and 80
casual support employees. Parent fees for daycare services total over $3 million per year. The
PDF states that the grievor is the only full-time administrative/accounting support person in the
College's daycare operations.
The PDF states that 43% of the grievor's time involves the coordination of parent fee
accounts. It describes the relevant duties as follows:
The incumbent co-ordinates the parent fee accounts in all 8 childcare centres. In
collaboration with supervisors arranges for the pick-up of fees and monthly fee
deposits. Using a computerized accounting system, the incumbent tracks all data,
reconciles parent fee accounts, issues invoices, statements, letters, notices of
overdue accounts. The incumbent does the fee deposits that are then forwarded to
the bank; handles all NSF cheques; monitors account discrepancies and verifies and
reconciles account figures with financial statements received from the accounting
department. The incumbent works closely with the supervisors and coordinates
the collection of required data on a weekly basis and participates in the overall
establishing o£ procedures and practices in order to facilitate the smooth operation
of the department.
Co-ordinates & processes all Visas and Mastercards used as payment for child care
fees on a monthly basis. This includes the handling and notifying supervisors of
declined charges, and following up with the Manager of Accounting as necessary.
Gathers, assembles & monitors budget and financial information. Sets up various
spreadsheets to record this data for the Manager and 7 Administrative Supervisors
in Daycare Operations.
The PDF states that the grievor spends about 30 percent of her time preparing,
maintaining and ensuring the accuracy of files and documents relating to daycare personnel,
including all documentation required by Human Resources and Payroll. It indicates that she
coordinates and tracks all agreements related to student employment programs; the
reimbursement for salaries paid to the students; the reconciliation of these payments; and the
submission of related reports to appropriate government ministries.
The PDF indicates that the grievor is responsible for seeing that staff attendance at the day
care centres is recorded and sent to Human Resources. It states that she processes all confidential
documents related to personnel issues including grievances and requests for leaves.
The PDF indicates that the grievor spends about 11 percent of her time gathering and
reporting the hours for casual support, part-time, contract and SSEP/SEEP staff.to the payroll
department every 2 weeks and solving related problems.
The PDF indicates that the grievor also performs the following duties, namely: she relates
and receives instructions and information to and from daycare supervisors regarding staff,
accounting, payroll and other facets of daycare operations; answers inquiries regarding daycare
operations and general policy and procedures; generates appropriate correspondence such as
notices of meetings; formats information for computer software programs; maintains database and
pertinent information on computer; and maintains petty cash records.
While the Union basically accepts the outline of duties contained in the PDF it contends
that the grievor does not receive instructions from supervisors. It submits that she provides
instruction to the supervisors respecting the interpretation of financial information and the
collection and referral of information. It also contends that the grievor's correspondence with
daycare supervisors'is more wide ranging and complex than suggested by the example of notices
of meetings referred to in the PDF.
THE GRIEVOR'S EVIDENCE RESPECTING HER REVIEW OF DAYCARE ACCOUNTS
The grievor testified that she started with the College in 1992 as a secretary. She
indicated that in December 1992 she was asked by Ms. Marjorie McColm the then Manager of
Daycare Operations to look at the accounts of the various daycare centres. The grievor referred
to what she did as an audit of the daycare centres. The grievor's evidence indicated that she
reviewed deposits made to the individual daycare centre accounts as recOrded by the College's
central accounting office and then checked them against the receipts for day care fees issued by
the centres. Her evidence indicated that she found a large number of discrepancies. Among the
items she referred to were $10,597 that had been deposited to the account of the Learning Centre
daycare instead of the Queen Street daycare and a deposit for the Nightingale DEL daycare centre
listed as $5,666 which should have been $3,577.
The grievor identified a set of documents she had prepared which compared the income
recorded by the daycare centres with the deposits recorded by the central accounting office and
listed a number of required adjustments. She also identified a memorandum she wrote on
February 18, 1993 to Mr. John Quan, who she identified as an accountant in head office
accounting, in which she requested that certain funds be transferred to the Nightingale DEL
daycare centre account. The text of the memorandum was as follows:
Dear John:
In reconciling your analysis to the parent fees collected for DEL, I came across the
following discrepancies:
1. On April 1/92 there was a pickup by armored car in the amount of $1400.00
which does not show up in your April deposits. There were no receipts made out
in the day care for this amount as the secretary was away and the cash was brought
directly to Julie Hardngton for deposit. ,
2. The existing April receipts total $10,447.50, but you have only posted
$10,200.50 to the account. I realize that $47.00 are late fees but there is still
$200.00 missing.
3. In late November early December there was $1,000.00 received, receipts were
issued but this does not show up in your analysis for the month of December.
I have attached copies of all the receipts etc. for you. Could you please look into
this and arrange to have the $2,600.00 put in the DEL account.
If you have any questions please call me at 867-2359.
Thanks, Pat
The grievor indicated that she continues to perform year end reconciliations. She stated
that during the period when Ms. McColm was the manager she would review the relevant
documentation and if any money appeared to be missing from an account she would on her own
initiative find where the money was and make arrangements to have it transferred it to the proper
account. The grievor stated that she would tell Ms. McColm what she had found and then write a
memorandum similar to the one to Mr. Quan set out above.
The grievor indicated that in December 1994 Ms. McColm le~ the daycare operations on
a temporary secondment and from then until December 1995 Ms. Patricia Chorney-Rubin was
Acting Manager. Ms. Chorney-Rubin was in this position at the time the grievance was filed.
The grievor stated that when Ms. Chorney-Rubin was acting manager they did the year end
reconciliation together. The grievor identified a memorandum dated March 31, 1995 from herself
to Mr. Andy Rodriguez at central accounting which she indicated related to this process. The
memorandum read as follows:
Subject: Accruals for March 31, 1995 year end
Dear Andy:
As discussed here are the following for the year end:
1. List of Balance outstanding as at March 31, 1995 for Accts. Receivable
for each daycare centre. I have made some adjustments with regard to the
ones who we feel we will have a difficult time collecting from. We have
some accounts in collection right now, however there are some where the
person has moved etc. etc. and I have crossed them off.
2. A list of the Metro Cheques still outstanding.
3. Plus one D.O.G. cheque accrual for D.E. Light Daycare in the amount
of $15, 668.64 which either has gone missing or allocated to an incorrect
account. I have a call in to the Ministry regarding this cheque in an attempt
to track it down.
STANDARDIZING AND COMPUTERIZING THE FEE COLLECTION PROCESS
The grievor testified that following her initial check of the daycare accounts she and Ms.
McColm discussed standardizing and computerizing the fee collection process. The grievor
indicated that she subsequently met with three of the daycare supervisors to learn more about the
process and then she set about to standardize the handling of fees.
At the hearing the grievor identified several memos that she had sent to daycare
supervisors respecting the standardization of fee collections. She described these as examples of
her standardizing activities. The representative of the Union asked the gfievor if she had met with
the Chair before sending out each of the memos. The grievor replied that she had not and that
most of the memos she just did up and sent out.
One of the memos prepared by the grievor listed the clerical procedures that daycare
centres were to follow with respect to the use of VISA and Mastercard. It also described how to
prepare bank deposits; how to account for late fees; and how to prepare month end reports. On
March 31, 1993 the grievor forwarded to all daycare supervisors a memorandum outlining the
procedures for handling NSF cheques. Another memo was accompanied by a VISA/Mastercard
authorization form which when completed would allow a day care centre to automatically charge
a parent's credit card each month. The grievor indicated that she had developed the form.
The grievor gave extensive evidence relating to the computerization of the handling of
daycare fee income. She indicated that she had investigated four different sof~ware packages 'that
could be used for this process and that she and Ms. McColm decided to use one called New
Views. Ms. Chorney-Rubin testified that at the relevant time she was the supervisor of one of the
daycare centres. Ms. Chorney-Rubin indicated that Ms. McColm spoke to the supervisors
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concerning the choice of a new program and Ms. Chorney-Rubin subsequently visited two centres
to view the systems they were using and contacted one centre that was using New Views. Ms.
Chorney-Rubin's evidence indicates that Ms. McColm relied on more than just the gfievor's input
when she deCided to use New Views. The grievor was uncontradicted when she testified that she
had arranged for Mr. David Reiner, a representative from New Views, to install the program and
explain its operation to her.
On May 3, 1994 the grievor sent out a memorandum to the daycare supervisors
accompanied by a form they were to complete listing the children at their centre; the child's
parents; the relevant monthly fee; any outstanding balance; and any security deposit. The
memorandum explained that the information on the sheets would be inputted into a computer by
the grievor and Mr. Reiner. On June 10, 1994 the grievor sent the supervisors a first set of
computerized fee statements along with a memorandum which discussed the statements and
explained how the supervisors could make corrections to them.
In her evidence the grievor referred to a number of additional memoranda she sent to the
daycare supervisors respecting the collection and handling of fees. An example is the following
July 6, 1994 memorandum respecting bank deposits of fees.
To: ALL SUPERVISORS
From: Pat MacDonald
Date: July 6, 1994
Subject: BANK DEPOSITS
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Attached you will find a list of your Accounts Receivable as at July 7/94.
Please take note of the last names. The last name of the CHII.D is the account
name. Sometimes you will see something like this LEE3. That means that we
have at least three Lee's. When you write the child's first and last name on the
cheque, please write it exactly as printed on the Accts. Receivable list attached. It
saves a tremendous amount of time. If a wrong name is typed in, the computer
flashes an error message and then you have to start searching for the name that the
account is coded under, (sometimes it takes a while). I would really appreciate us
sticking to the above format.
If you have sent me VisaJMastercard payments that do not seem to be taken into
consideration when you look at the account balance, I will be doing another batch
this Friday July 8th and yours is probably in it and will come offthe person's
account at that time.
If I can't easily locate the correct code, or there is no information to back up a
cheque, ie. new person, security deposit, 1/2 a month payment etc. etc., I have to
put the cheque aside until I can reach you and correct the situation. USually this
will mean that the cheque does not get deposited until the next time.
For now deposits will be every second week, ie. next one will be July 22/94.
A couple of you have made arrangements with me for now to deposit any cash you
receive directly into the bank. Please remember that I will need copies of those
deposits in order to record the payment into the person's account.
IT IS REALLY IMPORTANT THAT IF YOU HAVE AN NSF CHEQUE
REPLACEMENT GIVEN TO YOU, THAT YOU ATTACH SOME SORT OF A
NOTE THAT SAYS "NSF CHEQUE REPLACEMENT OF APRIL FEES" ETC.
IT IS DEPOSITED INTO A DIFFERENT ACCOUNT BY GEORGE BROWN
ACCOUNTING STAFF THAN THE REGULAR FEES COLLECTED.
On March 10, 1995 the grievor sent the daycare supervisors an amended form on which to
record changes respecting a child's status and fee. The grievor testified that it was her idea to
amend the form.
When giving her evidence the grievor identified an undated document headed up
"Guidelines for Supervisors Re: Tracking Income" which initially she said she had written on her
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own initiative. After being questioned about the document by the representative of the College
the grievor stated that she now thought that she and Ms. McColm had worked on it together.
There was no Other challenge to the grievor's evidence concerning memoranda she said that she
had written.
The representative of the Union asked the grievor if the computerization process was
finished. The grievor replied: "It's sort of like an ongoing thing." She added that some
supervisors have a problem with financial information and recently one of them had spent some
time with her going over the terminology and what it means.
COLLECTION PROCEDURES
The grievor testified that when she started at the College the collection of overdue
daycare accounts was done by each of the daycare centres. She stated that it was haphazard and
accounts were not being cOllected. Ms. Chorney-Rubin's evidence was that the daycare
supervisors had recorded outstanding amounts on a month end report and for any accounts that
were two months or more overdue they were to identify if a payment plan had been discussed
with the parents.
The grievor testified that after the accounts had been computerized she could scroll
through them and see who was behind in payments. She testified that about mid-1994 she talked
with the Manager of Accounting who indicated that if the Accounting Department was sent
information respecting accounts more than two months old it would work on collecting the
money. The grievor referred to $5,359 owing with respect to one child that was successfully
collected by the College's accounting staff.
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The grievor testified that the supervisors would speak to parents about delinquent
accounts and give them letters and that after talking with the supervisor she at times would also
write to a parent. The grievor identified such a letter dated March 28, 1995. The letter advised
the parent of the status of her account and asked for payment of the outstanding balance.
The grievor identified a form she developed for use by supervisors when setting out
information relating to outstanding accounts that they want collected. The grievor testified that
she prepared the form because supervisors were not always providing her with the required
information.
The grievor testified that she would simply tell Ms. McColm that she was sending
particular accounts to the Accounting Department but Ms. Chorney-Rubin liked to spend time
reviewing the accounts in question. The grievor indicated that recently the process of dealing
with parents respecting delinquent accounts had been standardized by Ms. Trish Baynham who
became Acting Chair in December 1995. Ms. Chorney-Rubin testified that Ms. Baynham sends
out progressively more severe letters before an account goes to collections.
It was the grievor's evidence that using the Accounting Department for collection
purposes did not work out well. Ms. Chorney-Rubin testified that there were problems when the
Accounting Department was involved. She gave the example of money being collected by a
collection agency but the supervisor not being told and the supervisor later indicating to the
parent that the account was still outstanding. According to the grievor she proposed to Ms.
Chorney-Rubin that the process be changed so that the grievor would deal directly with a
collection agency and Ms. Chorney-Rubin accepted this proposal. The grievor stated that she
now does all the communications with the collection agency. This change occurred subsequent to
the filing of the grievance.
REPLACEMENT DAYS
The grievor gave evidence with respect to what she described as a replacement days audit
which she performed in 1993. This related primarily to the use of casual support staff.to replace
absent employees. The day care supervisors filled in a month end report respecting the use of
replacement days. The grievor indicated that on her own initiative she collected the monthly
sheets from the centres for the period of April 1, 1992 to March 31, 1993 and then compared
them with expense sheets from the Accounting Department which listed the amounts spent on
casual support sta~.. According to the grievor she discovered that the figures did not correspond
and discussed the matter with Ms. McColm.
The grievor prepared a spread sheet which listed the replacement days reported by each
centre. On April 30, 1993 she sent the relevant sheet to each of the centres along with a
memorandum asking that they check and correct the entries. She noted that Ms. McColm felt
that they should particularly look at the area of employment grants. The grievor subsequently
prepared a new and more accurate listing of the replacement days at each centre. She described
the result as a valuable tool for estimating future costs.
The grievor gave evidence with respect to a central accOUnt that is used to pay for
maternity and sick leave replacements. The grievor indicated that every four or five weeks she
and Ms. Chorney-Rubin worked together to ascertain the costs of replacement staff` that had been
improperly charged to another account and then requested a correction. She testified that the first
time this task was undertaken she had performed it by herself.
MEMORANDA PREPARED BY THE GRIEVOR
The grievor testified that she was involved in training the daycare supervisors with respect
to financial matters. In support of this claim she identified a number of memoranda she had
prepared and sent to the supervisors. These included certain of the memoranda referred to above
as well as one dated May 27, 1994 explaining the use of expense forms and request for cheque
forms; one dated July 22, 1994 respecting income journal and accounts receivable lists; and one
dated October 3, 1994 dealing with NSF cheques. There was also a memorandum dated June 30,
1994 addressed to a single supervisor who was experiencing difficulties relating to the use of
expense request forms, request for cheque forms and petty cash. As an example of the
memoranda in question I have set out below the text of the July 22, 1994 memorandum.
To: ALL SUPERVISORS
From: Pat MacDonald
Date: July 22, 1994
Subject: INCOME JOURNAL & ACCOUNTS RECEIVABLE LISTS
Attached to this memo is the most up-to-date listing of your outstanding parent
fees or accounts receivable and your Income Journal for the month of July. The
Income JoUrnal represents the amount of money billed for the month. This is the
amount of money you should expect to collect from your parents.
INCOME JOURNAL
The first column of this journal has the last name of the child plus occasionally a
number (BROWN2). It is really important that you use this name and number,
where applicable, on the cheques you send me for deposit and in any other
correspondence ie. fee changes etc. The computer will reject any other spelling or
name. This has already led to monies being credited to the wrong daycare and
lengthy searches to try and figure out "who the child is and how do you spell it".
I would really appreciate it if this point was put in.
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ACCOUNTS RECEIVABLE
This report is strictly for you to see how much money is still outstanding according
to the date in the upper right hand coruer of the report, and which accounts
represent this outstanding money.
You should be able to eventually replace any written up lists with this report. I
will do them up atter the first couple of deposits of the month so that you can see
"who owes what".
It was the grievor's evidence that in addition to sending out instructions to supervisors by
way of memoranda, some supervisors sat with her while she explained matters to them and some
talked with her on the telephone.
In addition to the memoranda which the grievor described as relating to training
supervisors in the use of financial data, the Union filed a large number of other memoranda sent
by the grievor to various individuals. Examples of these were a notification to supervisors about
the need to get certain payroll information in early due to the holiday season;,a question to an
employee in Human Resources as to why certain replacement employees were at times making
more than the standard rate; an explanation to supervisors about the procedure for casual support
staffto collect unemployment insurance; as well as an explanation about how vacation and sick
leave entitlements worked.
The Union also filed documents relating to student employment programs that were the
subject of contracts between the College and the Ontario Training and Adjustment Board. The
gfievor indicated that at year end she reconciles the amounts involved and advises the Accounting
Department about where the money should be allocated.
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THE APPROPRIATE JOB FAMILY
The College classified the grievor's position as being within the Clerk General job family.
The Union argues that the Support Services Officer job family is more apprOpriate. The
definitions for these job families as well as an entry in section VII of the relevant job evaluation
manual reSpecting the classification of positions state as follows:
CLERK GENERAL
This family covers positions that are involved in clerical or business machines
operating either manually or electronically, or in combination with incidental
typing or stenographic duties.
SUPPORT SERVICES OFFICER
This family covers positions that perform administrative duties that are
functional/project oriented rather than task oriented and involve conceptualizing,
facilitating and project managing.
DETERMINATION OF JOB FAMILY/CLASSIFICATION ~
In some cases the duties and responsibilities of a position will not clearly fall within
a single Job Family Definition. In these instances, the "principle of core tkeory"
should apply. Quite simply, the predominant or central duties of the position
should determine the Job Family.
The job evaluation guide charts for jobs within the Clerk General job family make
reference to typical duties that include the handling of financial data. In particular, the typical
duties of a Clerk General C include the preparation of payroll documentation, bank deposits, cash
receipt journals and the reconciliation of trial balances. The typical duties of a Clerk General D
include verifying the completeness and accuracy of produced payroll; analyzing statements to
determine the causes of budget variance; and conducting cost analysis studies. These duties
indicate that the job evaluation system treats the preparation and handling of certain financial data
as high level clerical work. The typical duties for the various Support Services Officer
classifications make no express reference to the preparation or handling of financial data.
The representative of the Union contended that while the grievor performs many
accounting tasks, her overall responsibility is for the design of the system and explaining it to
those who must use it. He submitted that this suggests a responsibility that is functionally or
project oriented rather than task oriented. He submitted that the grievor's responsibility for
continually refining tl-,e system suggests an involvement in conceptualizing, facilitating and project
managing which is characteristic of the Support Services Officer family.
The grievor's duties discussed above do involve certain aspects that go beyond the
performance of clerical work. Nevertheless the bulk of her time appears to be taken up in
handling financial data of the type which the job evaluation system treats as clerical work. In light
of the statement in Part VII of the manual that the predominant or central duties of a position
should determine the job family, I conclude that Clerk General is the appropn~ate job family.
TRAINING/TECHNICAL SKILLS
One of the core point rating factors in dispute is that of Training/Technical Skills. The
core point rating plan states that this factor measures the minimum amount of independent study,
formal education, training programs, professional or technical courses or apprenticeship programs
necessary to fulfill the requirements of a position. It specifies that the application of this factor is
not to be confused with the educational qualifications of a particular incumbent.
The College rated this factor at level 4~ the Union argues that level 5 is more appropriate.
The difference relates to the issue of whether the grievor's position requires skills normally
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acquired through a one year community college diploma or equivalent such as to meet the criteria
for a level 4 rating; or a two year community college diploma or equivalent so as to meet the
criteria for a level 5 rating.
The PDF states that the grievor's position requires secondary school graduation with an
additional one year course in business administration or the equivalent. Under the separate factor
of experience it calls for 3 to 5 years of progressive experience in a fully computerized
environment with an excellent knowledge of accounting/bookkeeping.
At the hearing Ms. Chorney-Rubin testified that she was involved in developing the PDF.
She agreed with the representative of the Union that the PDF under "Supplemental Data" calls for
advanced computer, accounting and office administrative skills. She stated that she felt these
skills would be acquired in a one year business certificate program, or in the first year of a two
year program, together with 3 to 5 years experience. In response to a question from the
o
representative of the College the grievor agreed'that she did not have two years of accounting
training.
The representative of the Union submitted that a two year community college course is
required to perform the duties of the position. He contended that auditing and financial
accounting are second year business courses whereas first year business courses are of an
elementary variety.
The core point rating plan indicates that the relevant consideration is the minimum
educational qualifications required to perform a job. The experience required for the position is 3
to 5 years progressive experience in a computerized environment with a knowledge of
accounting/bookkeeping. Given this level of required experience it seems that a one year business
20
administration program or equivalent, including the first year of a two year business program,
would be sufficient t¢ perform the duties associated with the position. Accordingly I confirm the
level 4 rating given by the College.
JUDGEMENT
This factor measures the independent judgement and problem solving required for a job.
The college rated the grievor's position at level 4; the Union at level 5. The criteria for these two
levels are as follows:
4. Job duties require a considerable degree of judgement. Problem-solving
involves handling a variety of conventional problems, questions or solutions with
established analytical techniques.
5. Job duties require a significant degree of judgement. Problem-solving involves
interpreting complex data or refining work methods and techniques t0 be used.
The representative of the College contended that the independent judgement required of
the grievor involves prioritizing her workload due to volume and deadlines. The representative of
the Union contended that the grievor is responsible for problem solving which involves refining
work methods and techniques. As an example of this he referred to the grievor's responsibility for
centralizing and computerizing the accounting system. He also contended that the grievor is
required to interpret complex financial data and to explain the data to the supervisors.
Although most of the grievor's duties are fairly standardized, she has been involved in a
number of initiatives including the standardization of accounting data and the computerization of
accounts during which she developed new approaches and new processes. These actions are
more appropriately described as refining work methods and techniques rather than handling
conventional problems with established analytical techniques. As such they meet the criteria for a
level 5 rating.
The more difficult question is whether as at May 24, 1995 when the grievance was filed
the grievor's job still required the level of judgement that met the criteria for a level 5 rating. By
then the grievor's job had become more standardized, in part because of the procedures and forms
she had developed. Certain considerations, however, suggest that the grievor continued to be
expected to exercise a significant degree of judgement when problem situations were identified.
Because of difficulties associated with having the Accounting Department involved with .
collections, subsequent to the filing of the grievance the grievor proposed that the established
procedure be changed so that she would deal directly with a collection agency. This proposal was
adopted. A further consideration is the wording of the judgement section of the PDF. In
describing the degree of independent judgement and problem-solving required to perform the
duties of the grievor's position the PDF refers to a number of relatively routine duties that are
performed by the grievor. It also contains the following statements which suggest that when
appropriate she is expected to refine work methods or techniques:
The incumbent prepares payroll, and parent fee income accounts according to
procedures established by the incumbent. The incumbent is also responsible for
designing modifications to procedures and office systems for obtai_ning the correct
data to meet these requirements. The incumbent, also in the design of the systems,
sets up the appropriate parameters and designs the forms to reflect this so that the
information received is clear and easy to complete. The incumbent must have the
ability to learn new computerized systems and programs
The incumbent must be able to continue to design and organize a new system for
obtaining data for record keeping, ie. payroll, accounting, etc. and must be able to
format this information for software. The incumbent must be able to obtain and
listen to the feedback from users and make revisions and edit systems, forms etc.
to ensure that the quality & workability is maintained, ie. parent fee accounts.
Having regard to these considerations, I conclude that while most of the grievor's current
duties require a degree of judgement that meets the criteria for a level 4 rating; it remains an
ongoing expectation that as the need arises she will exercise the type of judgement which meets
the criteria for a level 5 rating. Since the College relies on the grievor to exercise this level of
judgement, I find a level 5 rating to be appropriate.
PHYSICAL DEMAND
This factor measures the demand on physical energy required to complete tasks. The
College rated this factor at level 2 while the Union contends level 3 is more appropriate. The
criteria for these ratings are as follows:
2. Job duties require some physical demand. There is an occasional requirement
for repetition and/or speed. Employee usually has comfortable bodily~ positions
with flexibility of movement.
Employee uses recurring light physical effort
OR
occasional' moderate phYsical effort
3. Job duties require regular physical demand. There is a regular need for speed
and repetitive use of muscles. Employee is in uncomfortable or awkward bodily
positions for short periods of time with some flexibility of movement.
Employee uses continuous light physical effort
OR
recurring periods of moderate physical effort
OR
occasional periods of heavy physical effort
The PDF indicates that the grievor spends 85 percent of her time sitting at a desk keying
in financial information, answering phones and doing paperwork. The grievor testified that she
frequently keys information into a computer while talking on the telephone. She disagreed with
the representative of the College that she could do the computer work separately from being on
the telephone. She noted in this regard that the computer work is often what a phone call is
about. She did agree with the representative of the College that she was able to get up and move
around.
The illustrative classifications for a level 2 rating are Bus Driver; Secretary A, B, C;
Security Guard; Clerk General B, C, D and Programmer A, B, C. Those for a level 3 rating are
Caretaker A, B; ECE Worker; Switchboard Operator; Technologist A, B; and Clerk General A.
A Clerk General A is typically involved in delivering materials and distributing supplies. These
illustrative classifications suggest that relatively stationary jobs with little need for physical effort
are to be rated at level 2. The major exception is the Switchboard Operator position. The
difference in this regard appears to relate to the lack of flexibility of movement of someone in this
position. The grievor usually has flexibility of movement and she is not required to use physical
effort in performing her duties. Given these considerations I confirm the level 2 rating given by
the College.
SENSORY DEMAND
This factor is designed to measure the demand on mental energy while performing tasks.
The College rated the grievor's job at level 4 while the Union argues for level 5, the highest rating
possible. The criteria for these ratings are as follows:
4. Job duties require considerable visual, auditory, or sensory demand on mental
energy and frequent careful attention to detail and accuracy.
OR
Job duties require extensive visual, auditory, or sensory demand on mental energy
and occasional careful attention to detail and accuracy.
5. Job duties require extensive visual, auditory, or sensory demand on mental
energy and frequent careful attention to detail and accuracy.
The PDF refers to the need for intense concentration when the grievor is researching and
designing the accounting system; inputting payroll; and preparing deposits and financial records.
It also refers to a need for considerable concentration so that funds are billed correctly as well as
when the grievor is doing reconciliations, updating budget spreadsheets and proofreading
numbers. The representative of the Union contended that these references in the PDF should be
to intense concentration so as to meet the definition set out in level 5. He compared the grievor's
job to that of a sign language interpreter who spends 60% of her time signing and who is rated at
level 5.
It is clear that the grievor must pay careful attention to accuracy and detail. This,
however, is covered by the criteria for both a level 4 and a level 5 rating. I believe that the most
appropriate way to ascertain what the different criteria refer to is by reviewing the illustrative
classifications. I note that I do not view the grievor's position as being comparable to that of a
sign language interpreter.
The illustrative classifications for a level 5 rating are Systems Analyst and Technical
Support Specialist. The grievor's functions are quite different from those associated with these
two classifications. To the extent she handles detailed financial data her duties appear to be
similar to those of a typical Clerk General D which is rated at level 4 for this factor. All Support
Services Officer classifications, the job family argued for by the Union, are rated at level 3. In the
circumstances level 4 appears to be the most appropriate rating. Accordingly, I confirm the level
4 rating given by the College.
STRAIN FORM WORK PRESSURES/DEMANDS/DEADLINES
The College rated this factor at level 3, the Union at level 4. The criteria for these ratings
are as follows:
3. Job duties involve moderate work pressures or demands. Interruptions,
changing deadlines, multiple demands occur regularly but are usually predictable.
Occasionally, critical deadlines may occur.
4. Job duties involve conflicting work pressures and frequent interruptions in
workflow. Work situations may be unpredictable with shifts in priorities and
occasional critical deadlines.
That section of the PDF relating to this factor reads as follows:
Incumbent has to respond to a number of different & changing deadlines from the
deposits, parent monthly statements and payroll in that in one week the incumbent
might have to prepare a deposit, the payroll and get 450 month-end statement
reports out to the parents. The incumbent is regularly required to interpret &
research needs of Manager and 7 Supervisors in order to customize documents,
charts, forms, tables and graphs policy & procedures etc. Uses experience and
initiative to set up format and style and ensures that the finished documents are
grammatically correct, error free and easy to use and understand. The incumbent
is under moderate to heavy pressure as a result of regularly managing the
workload that comes from 7 supervisors and 1 manager and ensuring that all
income received is correctly recorded and deposited in the bank. The workload is
often heavy and not predictable and requires incumbent to prioritize to meet
deadlines. Critical changing deadlines sometimes occur throughout the month.
There are many interruptions by phone and in person from, staff (supervisors and
manager) who sometimes need information etc. and want to go over various
changes or procedures, etc. Incumbent must liaise with the 7 supervisors to assist
in ensuring departmental deadlines are met so that the money can be deposited in
the bank and statements delivered in a timely manner. There are often last-minute
cheques to record and get ready for deposit and last minute changes in fees and
adjustments to record before running the month-end statements. This position is a
central point for all the daycare centres and all fulltime and supply staff in them to
call into regarding problems and discrepancies. Tight time frames also exist on
payroll, PPAF changes and complements and once again the incumbent must get
the 7 supervisors to respond to these deadlines so that relevant information is
received in time to meet these deadlines.
8.2 Indicate the predictability of the strain and percentage of time that is required
in performing each of the tasks discussed above.
Task % of Time Predictability*
Meeting Deadlines 50% TP
Multiple or Conflicting Deadlines 35% UP
Workload or volume more than 60% PR
Dealing with interruptions from GBC 10% NP
staff, (supervisors, support staff, 20% TP
manager) from daycare dept.
Conflicting Demands 15% NP
*Predictability: PR = Predictable TP = Tends to be Predictable
UP = Usually Predictable NP = Not Predictable
The representative of the College contended that the grievor's job duties involve moderate
work pressures or demands and that while interruptions, changing deadlines and multiple demands
occur regularly they are usually predictable.
The PDF makes it clear that the grievor's work situations are often not predictable; that
there are critical deadlines some of which change; the grievor is required to prioritize to meet
deadlines; and she faces numerous interruptions some of which are not predictable. The fact that
critical deadlines at times change suggests that the grievor is faced with shifts in priorities. These
situations more closely fit the criteria for a level 4 rating. Accordingly I find level 4 to be the
appropriate rating.
INDEPENDENT ACTION
This factor measures the independence of action and decisions required by a job. The
College rated this factor at level 3; the Union at level 4. The criteria for these levels are as
follows:
3. Job duties are performed in accordance with general procedures and past
practices under periodic supervision, with occasional periods of SuperVisor input
or verification. There is moderate freedom to act independently.
4. Job duties are performed in accordance with procedures and past practices
which may be adapted and modified to meet particular situations and/or problems.
There is considerable freedom to act independently with Supervisor input or
verification when requested.
The PDF refers to the gfievor taking the initiative in fulfilling day to day responsibilities.
and meeting deadlines. It states that much of her work is done within the framework of
established procedures but that she collaborates with supervisors to create new and more efficient
procedures. It also states that the grievor created the various systems needed to give and receive
the information required for the new procedures established by the grievor.
The representative of the College contended that much of the grievor's work is done
within a framework of established procedures; the parameters of neTM projects are set in
discussions with her supervisor; and the position is governed by general procedures, past practices
and occasional supervisor input or verification.
The issues involved in deciding on the appropriate rating for this factor are similar to those
discussed above with respect to the factor of judgement. The grievor's routine duties are
performed in accordance with general procedures. The grievor, however, is expected to plan and
implement changes to existing procedures when appropriate. This fits the criteria of adapting and
modifying procedures to meet particular situations or problems. In all the circumstances I
conclude that a level 4 rating is appropriate.
COMMUNICATIONS/CONTACTS
The College rated this factor at level 3 while the Union contends that level 4 is more
appropriate. The criteria for these ratings are as follows:
3. Job duties require communication for the purpose of providing guidance or
technical advice of a detailed or specialized nature, or for the purpose of
explaining various matters by interpreting procedures, policy, or theory. There
may be need to promote participation and understanding and to secure
co-operation in order to respond to problems or situations of a sensitive nature.
Regular involvement with confidential information which has moderate disclosure
implications.
4. Job duties require communication for the purpose of providing basic instruction
or for the resolution of complex problem situations. There may be a need for
sophisticated influential or persuasive techniques in order to address the problem
of those with special needs. Regular involvement with confidential and sensitive
information where disclosure implications are significant.
The representative of the Union contended that the grievor's communications relating to
the refining of accounting procedures are frequently directed towards the resolution of complex
problem situations as were her memoranda regarding accounting for leaves of absence and grant
accounts. He further contended that a key purpose of some the the grievor's contacts with
supervisors is to provide them with basic instruction. He argued that the grievor's involvement
with information on parent income and account status has significant disclosure implications; the
College could face legal action if improper or erroneous disclosures were made; and contacts with
parents whose accounts are in arrears involves a need for sophisticated influential or persuasive
techniques in order to address the problem. The representative of the College submitted that the
majority of the grievor's contacts are to provide information.
A number of the grievor's communications are referred to above and certain of them are
set out in full. While some have an instructional aspect, I believe that generally they can best be
described as giving guidance or technical advice of a detailed or specialized nature and explaining
procedures. They do not involve communications for the purpose of resolving complex problem
situations. I do not view the grievor's involvement with parents with respect to overdue accounts
as involving a need for sophisticated influential or persuasive techniques to address the problem of
those with special needs. Sending letters seeking payment of overdue accounts does not logically
involve sophisticated influential or persuasive techniques. While communicating with parents
about fees does involve handling confidential information, as does the provision of this
information to the Accounting Department and a collection agency, I do not view the related
disclosure implications as being significant as opposed to moderate. Given these considerations I
confirm the level 3 rating given by the College.
RESPONSIBILITY FOR DECISIONS/ACTIONS
The College rated this factor at level 3, the Union at level 4. The criteria for these ratings
are as follows:
3. Decisions and/or actions have moderate impact on the organization. Errors are
usually detected by verification and review and may result in disruption of the
workflow, duplication of effort, and/or limited waste of resources.
4. Decisions and/or actions have considerable impact on the organization. Errors
are detected after the fact and may result in considerable interruption and delay in
work output and waste of resources.
The representative of the Union contended that level 4 is appropriate since errors would
only be caught after the fact and the only verification and review of much of the grievor's work is
that which she does herself. The representative of the College contended that the grievor must be
accurate in reconciling parent fee accounts but the College's Finance Department has its own
accounting system and the Bank has its statements to verify the grievor's records. She further
contended that the supervisors of the daycare centres run parallel books to keep track of fees
submitted to the grievor and they are responsible for ensuring that employee payroll hours are
correctly recorded on time sheets.
Some errors made by the grievor would presumably only be detected after the fact, such
as when a parent disputed a claim that fees had not been paid. Other errors, however, would
presumably be detected by the accounting staff, such as if the grievor made an error when
explaining why certain amounts should be moved between accounts. A primary determinant with
respect to the factor of responsibility for decisions/actions appears to be the impact of an error
made by the grievor. On the material before me it does not appear that any particular error would
result in a considerable interruption and delay in work output and waste of resources. In the
circumstances I find that level 3 is the appropriate rating.
CONCLUSION
The College's rating of the grievor's position resulted in a point total of 538. My finding
that a 5 rating for judgement; a 4 rating for strain from work pressures/demands/deadlines; and a
4 rating for independent action are appropriate raises this to 580 points. This falls within the
range for pay band 9. I have found that the gfievor's position comes within the Clerk General job
family. No typical classification within this job family is rated at pay band 9. Accordingly, I find
that the grievor's position is properly rated as a Clerk General Atypical at the payband 9 level. To
this extent the grievance succeeds.
I will remain seized of this matter to deal with any issues arising out of this award
including any compensation owing to the grievor.
Dated at Toronto this 1 st day of April, 1996.
Arbitrato(