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HomeMy WebLinkAboutHiggins 96-07-31BETWEEN: LOYALIST COLLEGE - and - ONTARIO PUBLIC SERVICE EMPLOYEES UNION CLASSIFICATION GRIEVANCE OF-P. HIGGINS BOARD OF ARBITRATION: JANE H. DEVLIN CHAIR KEVIN MAILLOUX COLLEGE NOMINEE CLAUDE VEZINA UNION NOMINEE PATRICIA G. MURRAY, FOR THE COLLEGE MAUREEN DOYLE, FOR THE UNION OPSEU FILE NO.: 96C012 HEARING DATE: June 14, 1996 ! The Grievor, Patricia Higgins, is employed at the College as a Building Services Clerk and claims that she is improperly classified as a Clerk General B at payband 4. She seeks reclassification to Clerk General, Atypical at payband 5. In 1994, the parties implemented a new job evaluation system, following which the College reviewed and revised all PDF'S and core point rated all positions to ensure consistency with the plan. During this process, certain changes were made to the Grievor's PDF. The College contended, however, that the changes were descriptive in nature and that the Grievor continues to be appropriately classified as a Clerk General B. The College further contended that her position can be rated using the guide charts set out in the job evaluation manual and that there is no necessity to core point rate the position. It was the submission of the Union that the Grievor's position is atypical and, therefore, must be core point rated. Alternatively, even if typical, the duties of the position cannot be readily evaluated using the guide chart method. The Union further indicated that it disagreed with the ratings in the factors of experience, motor skills, sensory demand and strain from work pressures/demands/deadlines. In view of the dispute concerning the method by which the Grievor's position ought to be evaluated, the parties agreed that as an initial matter, the Board would determine whether the 2 duties of the position can be evaluated by reference to the guide charts. For this purpose, the Board heard evidence from both the Grievor and Keith Fleming, the Supervisor of Building and office Services. The evidence indicates that the position of Building Services Clerk entails the performance of duties related to paid parking, security and key control as well as reception duties which are carried out in an office which is shared with the Maintenance Department. The Grievor obtained this position in 1993 as a result of a job posting which specified, among other qualifications, a requirement for one year's experience in a similar position. The PDF also indicated a requirement for at least one year of practical experience. In this regard, Mr. Fleming testified that the experience requirement was increased at that time as the College was filling the positions of both Building Services Clerk and Maintenance Clerk. He also testified that the PDF was subsequently amended to reflect a requirement for up to one year of office experience which is the minimum experience necessary to carry out the duties of the position. As well, Mr. Fleming testified that on-the-job training is provided in key control procedures and in the software utilized for the parking system and the preparation of work orders. The duties and responsibilities of the Building Services Clerk are set out in the current PDF as follows: 3 B. Duties and Responsibilities APPROXIMATE % OF TIME ANNUALLY Parking: - Processes parking applications as completed by others - collects fees & issues appropriate permits - reconciles cash daily for all fees collected - maintains supply of permits & parking violation infraction notices - operates computer for storing & retrieving of 60% parking information - Prepares all fees collected for deposit directly to bank - Prepares monthly deposit reports for Accounting Dept. - Prepares memoranda, correspondence & spreadsheets for Supervisor using a computer & related software. Security: - Verify timing of punch clock patrols - Reviews shift reports and time sheets - Processes and records contract security invoices - Prepares work/task orders for approval and issue to 15% personnel - Prepares memoranda, correspondence & spreadsheets for the Supervisor using a computer & related software Key Control: - Receives key cards for approval - Obtains approval for key requests - Operates key cutting machines for duplication of keys - Maintains stock of key supplies - Operates and programs keycard computer (for residence occupants & staff) - Issues approved residence keycards - Maintain and update records of keys and keycards with computer software 10% - Prepares memoranda, correspondence & spreadsheets for the Supervisor using a computer and related software. Reception Duties: - Receives verbal & written communications for maintenance or security requests and logs details for approval 10% - During the absence of the Maintenance Clerk, performs all regular duties for the daily operations of the Maintenance Office, including attendance records, time sheets and preparing work orders. Other duties as assigned. 5% 4 As indicated on the PDF, a significant amount of the Grievor's time involves duties related to paid parking. In this regard, the evidence indicates that the Grievor processes parking permits for students and staff which involves receiving applications forms, collecting fees and issuing permits and receipts. The Grievor also inputs the information contained on parking permits into the computer. The evidence indicates that approximately 1400 permits are issued'annually, including some 400 to staff and the fees for the majority of staff permits are paid by way of payroll deduction. In respect of other permits, the Grievor utilizes a cash drawer for the collection of fees and, in some cases, must carry out mathematical calculations to determine the amount payable. ~ The bulk of the parking permits are issued in September and for a period of two to three days that month, the Grievor may collect fees in excess of $10,000 daily. As well, she does a daily cash reconciliation for all fees received, prepares the funds for deposit to the bank and delivers the deposit to the cash office. Also included in the bank deposit are funds received by the Grievor from two security guards who collect fees at other locations of the College. The Grievor also prepares monthly deposit reports which she provides to the Accounting Department. In addition, she prepares memoranda and correspondence regarding matters such as NSF cheques and it would $ appear that for the most part, she follows a standard form in preparing this documentation. As to security duties, the evidence indicates that by means of a computer program, the Grievor verifies the time of punch clock patrols carried out by security personnel and identifies any punches that were missed. As well, she reviews Shift reports and time sheets for notations regarding maintenance or repairs required and conveys this information to the Maintenance Clerk who prepares the necessary work orders. On a bi-weekly basis, the Grievor receives invoices for security services and following approval from Mr. Fleming, codes the invoices and forwards them together with accompanying time sheets to the Purchasing Department. She subsequently records the total number of hours and amounts paid for security services in a report which she prepares on an annual basis. As to the duties relating to key control, the evidence indicates that the Grievor operates a keycard computer to prepare keycards for occupants of the College residence. Some 285 keycards are issued each fall and the Grievor also replaces lost or stolen keycards. As well, she issues keycards in the summer months when the residence is occupied during conventions and other events. In making a keycard, the Grievor testified that a number of functions are involved and she estimated that the process takes approximately 1/2 minute for each keycard. Some 6 additional time may be required if she is interrupted and time is also required to prepare envelopes containing keys for the individual bedrooms in each suite. In addition, the Grievor is responsible for maintaining a stock of keys and issues office keys to employees who have the approval of their Supervisor. The Grievor also obtains Mr. Fleming's approval once the key has been issued. In the case of keys allowing wider access, Mr. Fleming's approval must be obtained in advance. If there are insufficient keys in stock, the Grievor duplicates keys using either a key cutting or key punch machine. The evidence indicates that these machines are also used on an occasional basis by the Maintenance Clerk, one of the maintenance staff and Mr. Fleming. As well, the Grievor prepares and maintains a record of all keys and keycards issued. As to reception duties, the evidence indicates that from time to time, the Grievor receives calls or messages which she relays to security personnel. She also receives calls regarding maintenance work which she relays to the Maintenance Clerk. In the absence of the Maintenance Clerk, the Grievor prepares work orders; arranges for maintenance work to be carried out; and maintains attendance records for maintenance personnel. The Grievor is also required to monitor a fire alarm board and notify an answering service in the event of an alarm or if work is being performed on the board. 7 Apart from evidence relating to the nature of the Grievor's job duties, the Union also introduced two core point ratings of the Grievor's position which were carried out by the College. Both of these ratings appear to recommend that the Grievor be classified as a Clerk General B at payband 4. In any event, the Union maintained that the College's decision to core point rate the position indicated some reservation with regard to whether the position could be accurately evaluated using the guide chart method. The College indicated, however, that it core point rated all positions following implementation of the new job evaluation system to ensure consistency with the plan. Accordingly, the College maintained that'the Union must demonstrate that the position cannot be evaluated using the guide charts before consideration can be given to core point rating. In the Board's view, as the College core pointed rated all positions as a result of the implementation of the new job evaluation plan, the core point rating of the Grievor's position does not necessarily indicate that it is atypical or that the duties of the position cannot be readily evaluated using the guide charts. In the result and, in accordance with the agreement of the parties, the Board m~st first determine whether the position can be evaluated using the guide chart method. In this regard, the guidelines set out in the job evaluation manual specify that the duties and responsibilities of the position are to be compared with the classification levels described in the guide charts. The normal activities of the position are to be matched with the guide chart level that most accurately describes the actual content and responsibilities of the position. The guidelines further provide that, in most cases, a reasonably close approximation to a classification level described in the guide charts will be possible. It is recognized, however, that a relatively small number of atypical positions that encompass ~ duties and responsibilities not adequately covered by the guide charts are to be evaluated by core point rating. This method may also be used for typical positions where the duties of the position cannot be readily evaluated using the guide charts. In this case, the only guide chart said to be applicable is that of Clerk General B and, accordingly, it is necessary to compare the duties and responsibilities of the Grievor's position with the typical duties set out in the guide chart. Those duties are described as follows: - Responds to routine enquiries and disseminates general information. - Processes standard information forms. - Performs basic mathematical calculations and verifies totals. - Records entries, account numbers and statistical data. - Maintains various records and summaries. - Types on occasion and performs receptionist duties. - Orders stationary, operates cash register and issues receipts and permits. The nature of the comparison to be drawn between the duties of the position being evaluated and the typical duties set 9 out in the guide chart was considered by Arbitrator Brandt in Cambrian College of Applied Arts and Technology and Ontario Public Service Employees Union, Local 656, November 14, 1994 (unreported). ~In .that case,' the Arbitrator commented as follows: As a class the list of typical duties and responsibilities must be generalized and made sufficiently comprehensive to permit inclusion in the same class of employees whose duties, though not identical, are nevertheless, sufficiently similar (or require similar judgement, etc.) to warrant similar treatment in terms of pay levels. Further, it must ~ be remembered that it is the predominant or ~'core" duties that are performed that determine where a position is to be classified. To state the obvious: a peripheral function rarely performed cannot determine the outcome. Further, there need not be a perfect match between core duties performed and guide chart typical duties. The manual only requires a search for the guide chart level that "most accurately describes" the actual content and responsibilities of the position, one where there is a reasonably close approximation to a classification level described in the Guide Chart." Where a core duty cannot reasonably be found to closely approximate those defined as typical of the classification it may not be possible to classify by reference to the guide charts and it will be necessary to core point rate the position. In this case, there would appear to be no dispute that a number of the duties and responsibilities of the Building Services Clerk fit within the typical duties of the Clerk General B. In particular, the Grievor's duties relating to paid parking, which account for approximately 60% of her time on an annual basis, include issuing permits and receipts which are encompassed in the typical duties of the Clerk General B. Those duties also refer to the maintenance of records and summaries which would apply to the computerized records maintained by the Grievor with 10 respect to parking permits as well as to the monthly deposit reports which she forwards to the Accounting Department. Moreover, although the typical duties of the Clerk General B include use of a cash register, the Union maintained this is a more limited function than that carried out by the Grievor. In this regard, the Union pointed out that the Grievor receives fees, provides change, reconciles cash daily for fees received and prepares funds (including funds received from two security guards) for deposit to the bank. In the Board's view, however, although the Grievor uses a cash drawer rather than a cash register and, therefore, must make Calculations manually, the receipt of funds and provision of change are clearly included in the typical duties of the Clerk General B. Moreover, whether the use of a cash register implies a requirement to reconcile funds received each day as suggested by the College, the typical duties of the Clerk General B include the requirement to make mathematical calculations and verify totals which is generally descriptive of the duties performed by the Grievor. The evidence indicates that the Grievor also prepares memoranda and ~ correspondence, primarily in accordance with a standard form, which we find to be consistent with the requirement for occasional typing. Nevertheless, the Union maintained that Grievor spends a significant amount of time on key control functions which are not included in the typical duties of the Clerk General B. While such functions may account for a significant portion of the Grievor's time for some period in September and possibly, in the summer months (depending on the extent to which the residence is occupied), the PDF specifies that key control functions account for only 10% of the Grievor's time on an annual basis. Moreover, these functions include maintaining records of keys and keycards issued and preparing correspondence and memoranda which fit within the typical duties of the Clerk General B. Accordingly, although some of the key control functions are not reflected in those duties, in the Board's view, they do not involve a sufficient portion of the Grievor's time to warrant a finding that her position falls outside the scope of the Clerk General B. As to other duties carried out by the Grievor, the evidence indicates that she performs reception duties and maintains various records and summaries which, in our view, encompasses her responsibilities with respect to verifying the timing of punch clock controls. Moreover, although the Union pointed out that the Grievor also prepares work orders, a function which does not appear in the typical duties of the Clerk~ General B, this duty is carried out only in the absence of the Maintenance Clerk. In the result, while there are evidently some functions carried out by the Grievor which are not reflected in the typical 12 duties of the Clerk General B, in our view, these cannot be described as significant or core duties of the Grievor's position. Moreover, as indicated in the Cambrian College award, "there need not be a perfect match between the core duties performed and the guide chart typical duties". In this case, we find that there is a reasonably close approximation between the duties and responsibilities of the Building Service Clerk and the typical duties of the Clerk General B as set out in the guide chart. There is, however, one final matter which must be addressed and this relates to a submission by the Union concerning the experience required for the Grievor's position. In this regard, the Union pointed out that although the current PDF specifies a requirement for up to one year's office experience, the prior PDF indicated a requirement for at least one year's experience and there was no evidence of any change in job duties. It was the submission of the College, however, that current PDF reflects the minimum experience necessary to carry out the duties of the position. The Board is certainly concerned with Mr. Fleming's suggestion that the experience required for the Building Service Clerk was increased in 1993 as the College was also filling the position of Maintenance Clerk. As indicated in the manual, job evaluation is concerned with the content of the position and not with the characteristics of individual incumbents or the incumbents of any other position, for that matter. Nevertheless, the Union indicated that at this point, its submissions were not being advanced to demonstrate that the position must be core point rated but rather because the experience required is indicative of the nature and complexity of the Grievor's job duties. However, having undertaken the comparison contemplated by the job evaluation manual, the Board has found that the duties of the Grievor's position generally match the typical duties of the Clerk General B. In the result, the Board finds that the position of Building Services Clerk can be evaluated using the guide chart method and that there is no necessity to core point rate the position. For the reasons set out, the Board finds that the Grievor's position is properly evaluated at the level of Clerk General B, payband 4. DATED AT TORONTO, this 3~day of ~ , 1996. Chair "K~vln Mail]oux" College Nominee "Claude Vezina" Union Nominee