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
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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:
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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%
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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
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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
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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.
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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
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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
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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
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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