HomeMy WebLinkAboutRose 91-10-03 Original - 45 (S)
1N THE MATTER OF AN ARBITRATION
BETWEEN:
ONTARIO COUNCIL OF REGENTS FOR THE COLLEGES OF APPLIED
ARTS AND TECHNOLOGY IN THE FORM OF NIAGARA COLLEGE
(hereinafter called the "College")
ONTARIO PUBLIC SERVICE EMPLOYEES UNION
(hereinafter Called the "Union")
GRIEVANCE OF MEG ROSE
(hereinafter called the "Grievor")
ARBITRATOR: Richard H. McLaren
REPRESENTATIVE FOR THE COLLEGE Jennie Balasak
REPRESENTATIVE, FOR THE UNION Susan Hall
A HEARING IN RELATION TO THIS MATFER WAS HELD AT HAMILTON, ONTARIO, ON
SEPTEMBER 23, 1991.
AWARD
This matter involves the classification of the position of Clerk C Supply in the
Hospitality and Tourism Centre at the College's campus in Niagara Falls, Ontario. The
Grievor, Meg. Rose, has been a full-time employee of the College since November 1984.
Until recently she has worked as a ten month employee classified as a Clerk C Supply,
payband 4, since June 1, 1986. In August of 1989 the College moved its Hospitality and
Tourism Centre to new facilities in Niagara Falls, Ontario. At that time Ms. Rose was
relocated to those premises and her job functions were altered.
The College operates a Hospitality and Tourism Centre in a 50,000 square foot
two year old building. The facility is divided into three zones, one of which contains the
food labs, bake shops, a dining room and central stores. There is also a teaching block
and a central zone, which is like a mail, and has a cafeteria. There are three labs
designed for teaching students. There are two dining rooms. The central store area
contains four walk in units, one of which is a freezer and three of which are cooling
refrigerator units. Also, the central store area allows for the storage of produce,
groceries, supplies and all the other necessary items to teach culinary skills, food
presentation and the serving of food.
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The position of Clerk C Supply involves the consolidation of orders from thc
various chefs as required for the Labs and thc Dining Rooms. The Clerk must take the 16
different request forms and consolidate the necessary items to create a required list. It
is then necessary to procure the same in a timely fashion in order that they are available
on the appropriate day for utilization either in the Labs or in thc Dining Room. In
connection with the daily teaching process, a central supplies storage facility is also
maintained in which many non-parishable stock items are kept. This facility is used to
supply the staple and stock items required to meet the time sensitive requests of the
chefs.
The typical day for such a Clerk commences at 6:00 a.m. with the receipt of
~,,e parishable produce to be utilized that day. The process of receiv/ng, verifying
against orders, and preparing the produce on the various trays for utilization by the chefs
takes until approximately 8:30 a.m.. At that point there is an .opportunity to process
some of the paperwork which is associated with the job. Mr. David Davies, the Director
of the Hospitality and Tourism Centre, indicates a considerable volume of paperwork is
associated with this job. At approximately 9:30 a.m. meat, groceries, dairy, baked goods
and other staple and stock items commence arriving at the College. Between that time
and 11:30 a.m. the clerk is required to check the quality and quantity of the items being
received against the orders and then place the items in their proper storage locations.
Many of the items go into central storage. At 4:00 p.m. another employee, in a different
classification, comes into work and prepares the trays for utilization by the chefs for the
following teaching day. The final tray preparation is completed by the Clerk Supply C
) puts the parishable items on the trays the following morning.
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The balance of the day for the Clerk. is spent in procuring unusual items and
completing the necessary paperwork, including the costing of the items sent to the various
Labs. The Clerk works out the cost of the item and then prepares a summary financial
record which is forwarded to the accounting department of the College. The total budget
is in the $75,000.00 to $8~,000.00 range for the ten mouth teaching session from
September through to June. The procurement begins to taper off towards the latter part
of May and then begins to increase in late August and early September. Paperwork
currently undertaken by the Clerk is in the process of being computerized. That process
has just begun and does not form part of the determination of the appropriate
classification of this position by this arbitration award.
The typical day for this Clerk ends at 2:00 p.m.. Aside from the duties
already described the individual is available to re-supply chefs experiencing emergency
situations re,~lting from spillage, breakage and other loss in the course of the teaching
day. On occasion the employee may be required to go off-campus to procure particular
items. The main feature of the daily routine and overall duties of the Clerk is to ensure
that everything'that has been requested ks available on the dates required. The
consequence of either not having something available or making mistakes in the
procurement process can result in the loss of class time. The very rigorous scheduling o£
class time prevents running any make-up classes. If a class is missed it is lost. The
Clerk is responsible for ensuring that everything that has been requested by the various
chefs is available on the day on which it is required. The chefs are required to submit
their requests at least three weeks in advance of the date of which they are required.
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The classification issue involved in this arbitration hms been the source of
some contention between the parties. As a consequence there has been considerable
attempts by both sides to compromise their positions. That process has resulted in a
Position Description Form (PDF) for the position of Clerk C Supply in the Hospitality
Centre which is satisfactory to both the Director, Mr. Davies and the Grievor, Ms. Rose.
There is ,no issue in this arbitration proceeding as to the accuracy of the PDF nor its
distribution and percentages of time allocation.
As a result of the grievance procedure and the d/scussions surroundiug the
revisions to the PDF the parties have reached agreement ou many aspects of the
classification matrix. The relative position of the parties in this arbitration is set out
~elow:
Management Union
ELEMENTS "'
Rating Pts. Rating Pts.
JOB DIFFICULTY B 2 75 B Z 75
GUIDANCE RECEIVED B 3 79 C 4 124
C6~3NICATIONS A 3 35 A 3 35
KNOWLEDGE TRAINING/EXPERIENCE C 3 64 C 3 64
SKILL 3 34 3 34
WORKING MAN~JAL C ~ 15 C 4 18
CONDITIONS VISUAL B 3 ? B 3 7
ENVIRONMENTAL C 5 15 C 5 21
TOTAL POINTS 324 378
PAYBAND NUMBER 4 '5
ATTACHED WRITTEN SUBMISSIONS:
~ The Union
~ The College (Optional)
SIGNATURES:
FOR THE UNION FOR MANAGEMENT
(Grievor) (Date)
(Union Rep.) (OaUe) >i<...'
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.The foregoing table indicates that the parties are in agreement as to the
rating for the elements of Job Difficulty, Communications and Knowledge. The parties
differences centre on the element of Guidance Received; and specifically the factors of
Guidelines Available and the Nature of Review. The second area of disagreement
involves the element of Working Conditions; in particular the Manual and Environmental
factors.
The Grievor and the Director of thc Centre gave a complete explanation of
their activities and discussed what was transpiring in connection with the position of
Clerk. The Arbitrator, in exercising his judgement in making the determinations found in
~ award, wishes to emphasize that evaluation involved the core duties of the job.
~_~nose present at the hearing ought not to feel that the Arbitrator is rejecting or casting
aspersions upon their testimony. 'Cne Arbitrator has the impression that the College
considers the Grievor to be doin§ excellent work and is satisfied with her contribution to
the activities of the Centre. Indeed, the Director indicated that his contact with the
Grievor only involved the areas of paperwork or the managing the administration of
human resource issues which arise in the workplace. The Director's contact with the
Grievor did not involve her job performance or job activities as they relate to the core
functions of Clerk.
CORE POINT RATING AND JOB EVALUATION FACTORS
1. GUIDANCE RECEIVED: COLLEGE B3; UNION C4
(i) Factor of Guidelines Available - College at B; Union at C
The Union asserts that the ratings for the element of Guidelines Available is
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C, whereas the College asserts that it is a B. The C level for Guidelines Available is
described in the classification manual as:
"...work is performed in accordance with general procedures amd
past practices. Unfamiliar situations are reviewed with
Supervisor."
The Union and the Grievor submit that there is no College manual with respect to the
activities of this particular position. The procedures associated with the purchasing,
recording, storage, handling and distribution of the groceries, produce, meat and other
supplies were developed by the Grievor and approved by the Manager. The development
of these procedures has been an evolutionary one evolving out of the practices of the
F'--vious satellite campus where the Grievor was the original incumbent in the position.
The Grievor commences work at 6:00 a.m., whereas her Superv~or, the Director, does not
commence work until 8:30 a.m.. Thus, she has 2 1/2 hours of unsupervised work activity
daily. The Director also has a busy schedule which takes him away from the centre for
some percentage of his work. His office is located 3/4 of the length of the building away
from where the Grievor works. There is no regular close contact of a supervisory nature
between the two individuals.
The B level for guidelines available within the Guidance Received matrix is
described as:
"...work is performed in accordance with established practices.
Matters not governed by procedures are referred to Supervisor."
College submits that the work of the Grievor commences with the Chef/Professor
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preparing requisitions specifying what food requirements are needed in their food labs or
for the Dining Room. The Clerk C Supply then consolidates the various requisitions into
a procurement list. Upon completing her procurement tasks, another aspect of the
Grievor's job commences. This aspect involves the verifying of the goods received
against the orders placed and also received also involves checking the quality of the goods
and prodi~ce when they are delivered. It is submitted that function is performed within
established practices and, therefore, the appropriate level is B, not C.
The difference between the parties on this element of the Guidance Received
factor seems to center upon the fact that there is only one person occupying a single
position. That person has been in this job since its inception in 1983. That person has
over the years developed the routine of the job and the practices associated with it both
before and after the movement to the Hospitality Centre in Niagara Falls. The
development of the general procedures has been left to the devices of the Grievor based
on her prior experience at the other location. Those general procedures developed by the
Grievor have now become what the College asserts are "established practises", the words
found in level "B". While this may be the ease, the Grievor wants recognition, in the
form of pay, that she developed the "general procedures" which became the "established
practises". The classification manual unfortunately does not recognize such efforts by
the Grievor because it presumes that management evolved either the procedure or the
practise. It is problematic whether the classification system ought to be the means of
recognising such a contribution. The difficulty is that if the Grievor leaves the position,
the position would be rated for a new incumbent who never contributed to this new rating.
The way to avoid this difficulty in the current situation would be to examine
the role of the Supervisor in the process and determine whether the Clerk's position
involves general procedures or established practises. Level B requires that "matters not
governed by procedures are referred to Supervisor". That does not occur based upon the
information given by both the Director and the Grievor. The Grievor has evolved a new
procedure, which when refined may eventually become an establLshed practise. Level C
indicates that "unfamiliar situations are reviewed with Supervisor". This also does not
happen based upon the testimony of the Grievor and the Director. The Grievor solves
unfamiliar problems, although, in unusual situations she may well seek the Director's
assistance.
The Arbitrator concludes that the nature and degree of supervision of the
Grievor require that the position be rated at level C, because even unfamiliar situations
are rarely if ever "reviewed with a Supervisor".
(ii) Nature of Review - College at 3; Union at 4
'i"ne Union submits that the nature of the review is at level 4. Tkis level reads:
'"Work assignments are .subject to a general forum of review for
achievement of specific objectives and adherence to established
guidelines."
It was submitted that the method by which the Grievor performs her job independently
utilizing past practices and procedures means that she has originated, developed and
dified them at her discretion. She is only generally accountable to
her supervisor and her day to day accountability is within her control subject to the
constraint that the items requested for a particular day for the teaching lab and d~ning
rooms are available on that day.
In support of its position the College asserts that the nature of the review is
more at level 3 where the description is:
"work assignments are intermittently or periodically checked for
q~ality".
The College submits that this level is assigned to reflect the review of her immediate
supervisor as described in the PDF. It was further submitted that the benchmarks in the
classification manual place support services personnel at level 3 in their work functions.
The College submits that the position of Clerk C Supply has the built-in form of checking
through the Chef/Professor users. Therefore, the work assignments are checked by being
available daily as requested.
The difficulty which the Arbitrator identifies in trying to rate the Grievor
based on the two elements of Guidelines Available and Nature of Review is associated
with the unique contribution which she has made to the job activity and functions. She
has developed, through trial and error and prior experience, the procedures and practices
which are utilized in the job. She has a wide latitude in the methods by which she carries
out the job. There is no supervisory function which is carried out on a daily basis. Mr.
Davies indicates that he has virtually no involvement ~n her daily routine. It is only ~n
the administrative role that he plays any part. There is a check on job performance
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because of the job requirement of having all the requisitioned items available on the dates
requested. Ms. Rose indicated to the Arbitrator that there had never been a class
missed as a a result of her failing to have the necessary items available on the date
required.
The Arbitrator used the SupervLsor's aspects of the description in "Guidelines
Available" to reflect that the Grievor was working at Level C and not B as asserted by the
College. It would be inappropriate to reflect that again under the Nature of Review.
The Grievor's work assignments are never regularly checked by supervision.
n'here is, however, a user check of a daily nature. All the Chef/Professor requested
items must be available in the correct quantities on the date requested. Meat, poultry,
fish and produce must meet quality expectations of the users as well. Therefore, it is
appropriate to describe what goes on as being at level 3 where the daily work.output is
checked by the needs of the user for quality. The Arbitrator, therefore, agrees with the
College's position on the level for the element of "Nature of Review~' being at level 3.
'l.~ks conclusion, reflects the joining of the two elements on the job matrix. It is a best fit
deterccdnation in a relatively unique set of circumstances for a single person classification
where that person has developed the practises, procedures and daily routine of the job and
is continuing to do so. Therefore, the Arbitrator rates the factor of Guidance Received
at C-3.
2. WORKING CONDITIONS- COLLEGE C-3, UNION C-4
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(i) Manual Effort
Both parties agree that the appropriate level is C, but disagree as to the
prevalence. The Union submits that the prevalence of the manual effort is at level 4,
which is 31% to 60% of the time. Whereas the College submits that it is at level 3 which
is 10 % to 30% of the time.
The parties have agreed on a position description form. It has been the
subject of much discussion between them. It has been agreed to between the Grievor and
her supervisor. It ought to be applied in the circumstances. It reveals that between 26%
- 50% of the job is the walking component. As a consequence, the appropriate level
ought to be level 3. The Board determines that the conditions are as determined by the
College at level 3.
(ii) Environmental - College C-3; Union C-5
On the work environment level of the job both parties are at C. It is the
submission of the Union that the prevalence of the factors in the work environment at
level C has to be at level 5 which is more than 60% of the time. It is submitted that the
Grievor's office is located within the central supply area where there are walk-in
refrigerators and freezers which run continuously and create a noise level. The Grievor
also indicates that some days this bothers her more than on other days.
The definition of working conditions in the job classification manual indicates
that the factors are used to measure the nature of the position's working conditiot~s which
are considered disagreeable, and the frequency of exposure to such conditions. The
difficulty which the Arbitrator identifies Jn connection with this element is that a
particular Grievor may find noise to be more or less of a problem than another
employee. The evidence submitted by the College in the form of noise level tests suggest
that the position rather than per~on had to be rated at level 3. As was explained to the
Grievor at the hearing in this matter and, is recognized in this award, the job
classification involves the assessment of the position and not the particular individual. It
may be that this particular individual is disturbed more than others by the noise. Even on
her own statement she is only bothered on occasion and not continuously.
In support of its position the College submitted a noise level test which
indicated that the noise level, at maximum intensity, is only slightly greater than that of
an average conversation. Uuder those circumstances thc only factor that the Arbitrator
could take into account is the temperature changes that the Orievor is subjected to as a
result of going in and out of the freezing and cooling areas. Therefore, the appropriate
level is that of the College at level 3.
CONCLUSION
'l~e Arbitrator has confirmed the ranking of the College with respect to both
the manual and environmental portions of the Working Conditions element. The
difference in the relationship between the parties centred on the contribution of the
!evor to the development of the practices and procedures utilized in the procurement,
processing and running of the central supplies area of the Hospitality Centre. The
Arbitrator has looked at a best fit characterization for that factor in order to reflect the
Grievor's participation in the development of the position up to this present time and on
an ongoing basis. This determination changes the point rating to 349. Consequently, in
consideration of total accumulated points, the payband which ought to be paid is that of
payband '5. Therefore, it is found and ordered by this award that the College is to
re-classify the Grievor as a Clerk C Supply, payband 5.
The Arbitrator will remain seized of the determination of the appropriate
compensation owing to the Grievor for a period of sixty days from the date herein. The
College is directed to detem~ine the amount owing and to make payments to the Grievor
within that time period. If the parties are unable to agree as to the amount that is to be
paid to the Grievor then they may submit the matter for determination by the Arbitrator
by a written request to reconveue the hearing within sixty days from the date of this
award. If no written request has been received within this timeframe there will no longer
be any jurisdiction in the Arbitrator to determine this matter.
There was an issue arising out of the grievance as to the date of
retroactivity. The grievance was filed in November of 1990. It stipulates for
retroactive pay to August of 1989 reflecting the time of the move to the new Hospitality
Centre. The College did not produce a new Position Description Form for this job until
J.une of 1990. While there are a variety of reasons .for that delay in producing the PDF,
not the least of which is the movement of everybody to a new location, it certainly could
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have been done at an earlier date. On the other hand, the Grievor who identified a
dispute with the College over her classification shortly after arriving at the new facility
could have sought together with the Union, for the development of the PDF at an earlier
time. It would, in these circumstances be reasonable to date the retroactivity payment
from thc first day of June 1990 rather than the normal date which would be that of the
grievant e.
I want to extend my thanks to the presenters for a job well done. 1 appreciate
the high level of skill and integrity which they brought to bear upon this proceeding.
Thank you!
DATED AT LONDON, ONTAP, IO THIS 3rd DAY OF OCTOBER, 1991.
Rfchard H. McLaren l '-
Arbitrator
1996W
ARBITRATION DATA SHEET - SUPPORT STAFF CI~kSSIFICATIONS '
COLLEGE Niagara INCUMBENT Margaret (Meg) Rose
PRESENT CI2%SSIFICATION Clerk Supply C
AND PAYBAND 4 SUPERVISOR David Davies
JOB FAMILY AND PAYBAND REQUESTED BY GRIEVOR A TyPical Clerk Supply
Pay Band 5
POSITION DESCRIPTION FORM:
1. Position Description Form Attached
2. ~ Parties agree on contents of attached Position Description Form
o_R
~ Union disagrees with contents of attached Position Description Form
SPECIFIC DETAILS OF THIS DISAGREEMENT ARE AS FOLLOWS:
(USE REVERSE SIDE IF.j~NECESSARY) -
:~ AWARD
Management Union Arbitrator
ELEMENTS Rating Pts. Rating Pts. Rating Pts.
JoB DIFFICULTY B 2 7~ B 2 7~ ~ Z ~-f
'- GU~D~CE RECEI~D ~ ~ 7~ C ~ ~ ~ 3 /0 ~
~OWLEDGE ~INING/EXPERIENCE C 3 64 C 3 64 ~ ~ ~
SKILL 3 34 3 34 ~ ~
wo~ ~ ~ ~ ~ ~ ~ ~ c J /'~
CONDITIONS VISUAL B 3 7 B ~ 7 ~ 3 ~
ATTACHED WRITTEN SUBMISSIONS:
~ The Union
~ The College (Optional)
SIGNATURES:
FOR THE UNION FOR ~NAGEMENT
(Grievor) (Date)
aring Date Award