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HomeMy WebLinkAboutJones 88-06-07 IN THE MATTER OF AN ARBITRATION between SENECA COLLEGE OF APPLIED ARTS AND TECHNOLOGY (~ (hereinafter referred to as the College) and ONTARIO PUBLIC SERVICE EMPLOYEES UNION, Local 561 (hereinafter referred to as the Union) Classification grievance of Alan Jones Arbitrator: G.J. Brandt Appearances: For the College: Angela Williams, Spokesperson Rick Rigelhof, Supervisor, Media Production Department Nives Miotto, Personnel Officer For the Union: Bette Egri, President, Local 561 Charlie Suma, V.P. Classification Eugene Wilson, Chief Steward Ian McCready, Steward, Media Services Alan Jones, Grievor Hearing; May 30,. 1988 2 AWARD This is a grievance of Alan Jones claiming that he should be classified as Technologist C Atypical, Pay Band 12. At the time of his grievance on December 10,1986 the grievor was classified as a Technician C in the Media Production Department of the College. During the course of the grievance procedure he was reclassified as a Technologist B. As that re-classification was not satisfactory to the grievor or to the Union his claim for re- classification to Technologist C Atypical was advanced at the arbitration hearing. It should be noted at the outset that if the Union seeks to have the grievor classified as falling within Pay Band 12 it cannot do this by describing the position as Technologist C Atypical. If the duties performed by the grievor put him in the Technologist Family the only available pay bands are pay bands 8, 10 and 11. In order to succed in having the grievor put into Pay Band 12 the Union must establish that the job which he performs is in a job family which falls within Pay Band 12. The parties are in disagreement over 5 job factors, job difficulty, guidance received, training and experience, skill and working conditions-visual strain. The following table sets out the respective evaluations given to the position by the College and the Union respectively. College evaluation Union Evaluation Degree Points Degree Points Job Difficulty D5 194 E6 246 Guidance rec'd D4 150 E4 177 Training/Exper. D6 118 E6 131 Skill 5 61 6 75 Visual Strain C4 18 D5 33 The other job factors are not in dispute. The total number of points assigned to the position by the College is 650 placing it in Pay Band 10. The total number of points assigned by the Union is 771. The pay band range for Pay Band 11 is 691-750 thereby giving rise to the claim for Technologist C Pay Band 12 Atypical. The College position summary describes the position as follows: To design and produce complex, broadcast quality computerized graphics to be utilized in the production of educational video, audio and interactive video tape productions. Also to design and prepare graphic materials and concepts to be used for study guide information for faculty and students. The Union position summary describes the position as follows: To conceptualize, design and produce broadcast standard highly complex computerized still and animated graphics for utlization in Seneca College's video education learning courses and, for additional external sources. Also to art direct and produce black and white and full colour print material as part of video packages and additional college promotional pieces. Also to instruct various faculty and part-time staff on varying methods of video and print graphics and the selection and supervision of part-time staff in the graphics area. In his evidence the gri~vor characterized his Job as requiring him to wear three different "hats" These related to the design and production of both animated openings and closings and text graphics, the design and construction of sets and the 4 preparation of printed material. He described the work related to animated openings as the most difficult part of his job. The general process by which the material produced by the Media Production Department, i.e audio and video tapes and printed material, is produced begins with the submission of a script by a "client" who is usually a Teaching Master at the College. The requirements of the script are considered at a production meeting attended by the Supervisor, the Director, the "client", the Technologist (i.e. the grievor), other Technologists and production assistants. The script defines the project and suggests the requirements in terms of the audio and visual concept that is to be produced and specifies the content of the graphics. However, as the authours of the script do not generally possess skills in graphic production, the script will not be detailed as to how the particular concept is to be created. Similarly, while the script may set out in general terms the kind of set that may be needed, if one is needed at all, it will not provide the finer details of that set. At the production meeting the script is reviewed and, having regard to budgetary considerations and artistic limitations, decisions will be made concerning sets, animated openings and closings and the textual graphics that will be required. Following this a second meeting is held attended by the Director, the Technologist and production assistants, to work out the finer details. Decisions to be taken here include whether there will 5 be "digital effects" in the animated opening, whether live action footage should be shot, whether and what kind of set needs to be designed and built, and, if the project involves the production of print material, the design, colour, print size etc. of the cover and those parts of the body of the text which require graphics. There next follows the "creative" phase of the process. If it has been decided that the project will have an animated opening the Technologist prepares a "story board" which illustrates on paper the way in which the concept will be produced through electronically produced images. The feasibility of the "look" to be produced is subject to budgetary review by the supervisor (and an external supplier if one is used) and to review by the client and the Director. The conversion of the concept into electronic graphics involves the use of a piece of equipment referred to as the Symtec PGS 3 which permits the Technologist' to draw a rough sketch which can be transferred to a screen where the images on the screen can be further manipulated to produce the artistic effect desired. The production of textual graphics, such as bar charts and maps, is done by the Chyron VP which is a character generator operated by writing codes into text files. Mr. Rigelhof, the Supervisor, described each of these pieces of equipment as the "tools of the artist", as standard off the shelf computer software which permit the operator to produce 6 certain effects by typing in the appropriate commands. Neither involves any programming by the operator. Each has a range of effects which it is capable of doing. The advantage of each of them is that they permit the creation of effects which can be easily modified and changed to suit the needs of the client. The proposed animated opening is next reviewed with the client and, if approved, is usually sent to an external supplier for production since there are both systems and budget limitations at the College which prevent it from producing what is required. The supplier is selected by the Technologist (from a group of approximately 5 companies) who then assumes the role of directing the technicians employed by the external supplier in the production of the product. This may require a knowledge and , familiarity with a number of different systems used by the various suppliers. Although animated openings and closings are used in 90% of the video tapes produced it was the opinion and evidence of Mr. Rigelhof that the most important part of the work done by the position is the production of the graphics determined by the body of the script. Although the script will provide the content of the graphic it is usually .general in nature and requires the technologist to contribute his expertise in terms of color, size of text and whatever special features are required. In the area of set design the general requirements are specified by the script. However, the details are worked out by the technologist in discussion with the client where decisions 7 are made concerning colors, props etc. Where necessary the technologist is responsible for building the set (6 in the past year) although frequently it is possible to use materials from earlier sets in storage. Furniture and props are obtained generally from a single supplier. Where the video is shot on location no set may be necessary but it will be necessary for the technologist to attend to problems, eg. lighting, access, associated with shooting away from the studio. In the area of print related work the technologist is responsible for the "look" of the product and has to make decisions, in consultation with the client, concerning colour registration and colour separation. However, there appears to have been a reduction in the amount of print related work done by the Media Production Department in the last year as many departments in the college are producing their own study guides. Supervision of the position involves essentially a monitoring of the stage of completion of the project in terms of certain target dates established at the production meetings. The grievor stated that he is contacted approximately once every 3 weeks for each project he is working on. He has worked on as many as 10 projects at one time. The average length of each project is of the order of 3 to 4 months in duration. He is under no direct supervision with respect to the quality of the work that he does. Once the schedules and target dates have been established at the initial production meeting he works largely in conjunction with the client. 8 I turn now to a consideration of the appropriate evaluation to be given to the position as set out above. 1. Guidance Received - Guidelines Available Under the factor of Guidance Received the dispute is whether or not the position should be rated, for Guidelines Available, at level C or at level D. The Union submits that level D is appropriate since the use of computer graphics is unique and subject to constant changing conditions and prOblems. The College claims that guidelines are developed collectively in departmental meetings and that, while there is the need for the incumbent in the position to take some initiative, he nevertheless works in accordance with procedures and practices which can be adapted and modified within the parameters Of the , general guidelines set down. It is my conclusion that the position of the Union with respect to this factor should prevail. The guidelines which are established go no further than set down a schedule and target dates and determine in very general terms the extent to which the specifications set down in · the script will be met. Once those determinations are made the incumbent in the position works essentially with the client on projects which can vary greatly depending on the particular subject that is being addressed by the script. Level D appears to presume that there are certain generally established procedures and practices which may need to be modified in particular situations. Apart from the general procedure according to which there are one or two production 9 meetings at which decisions are made concerning the project in general there is little in the way of an "established" procedure by which each differing project is carried through to fruition. That is a matter which is largely left to the initiative of the technologist working in conjunction with the client. 2. Knowledge - Experience The College claims that this should be rated at level D "up to 5 years of practical experience" while the Union claims that it should be rated at level E "up to eight years of practical experience." The grievor has extensive experience in the work that he does. It is unecessary to review it in detail except to state . that it covers some 14 years of which 6 years were spent in the print media and 8 in television and print media with. a concentration on television. However, it is mportant not to lose sight of the requirement that what is being evaluated is not the incumbent but the position. The particular experience that an incumbent may or may not have is not, in itself, an indication of the level of experience that is required to perform the duties in the position. Secondly, it needs to be noted that it is the minimum experience required that is'relevant in this regard. Apart from the experience of the grievor himself the Union provided no evidence which assists me in determining the minimum level of experience that should be required. Constantly, I 10 conclude that the position of the College on this factor should be maintained. 3. Working Conditions - Visual Strain. The evidence on this factor is that the position requires its incumbent to work- in conditions which require extensive visual concentration for periods of 3 hours at a time more than 60 percent of the time. That evidence would require that the position be classified at level D5 as the Union claims. The College submits that the incumbent in the position is able to control the amount of visual strain to which he is exposed by either altering the lighting in the room or the lighting on the screen. I am not persuaded that this is an appropriate way of looking at claims based on visual strain. , Presumably the lighting conditions are such as to permit the incumbent to do the job required in the best way and any alteration in those conditions would render that task more difficult to do. I do not believe that an 'employee should be expected to take steps to reduce the visual strain experienced where to do so would compromise his ability to do the job required of him. Consequently, I conclude that the Union evaluation of this factor is to be preferred. 4. Knowledge - Skill The issue between the parties on this factor is whether the position should be rated at level C "ability to organize complex statistical information and understand and apply elementary 11 principles of a science - may operate complex electronic instruments, laboratory or computer equipment" or level D, i.e. "ability to understand and apply complex principles of a discipline, eg. computer science - designs testing procedures for repetitive application, conducts standardized scientific studies and performs statistical and other problem analyses" Based on the evidence it is my conclusion that this position falls appropriately under level 5 as claimed by the College. Although the incumbent does operate computer equipment the evidence does not suggest that he is required to apply principles of computing science. Nor is there any evidence which would indicate that he is involved in the design of testing procedures, the conduct of scientific studies or the performance of - statistical and other problem analyses. Rather the job is essentially one of using computer equipment to produce certain graphic requirements as determined by a client's script. 5. Job Difficulty - Complexity - Judgment As in all of these cases this is the most difficult of the factors to apply~ The Union seeks a classification of E6 which would require that the work involve the "performance of non- routine and relatively Unusual tasks that may require the application of specialized processes or methods" and require the exercise of a "high degree of judgment" and "adopting analytical techniques and development of new information on various situations and problems" in problem solving. 12 The Union submitted that, insofar as each project is different and unique and requires the incumbent in the position to exercise some independent judgment in developing a new concept which will contribute toward the completion of the finished product, the standard set out is met. I am unable to agree that the duties performed by the incumbent in this position warrant the classification claimed by the Union for the Job Difficulty factor. Admittedly the manner by which the work is done will vary from one project to the next and will require the incumbent to use different techniques and processes in completing the task. However, a substantial portion of the job which is required to be done is determined by the script submitted. Although I accept that the script may often speak in generalities the broad outlines of the project are reasonably well defined by it. The incumbent then brings his experience and skill to bear on translating the concept embraced by the script into some form of graphical representation. Thus, while the work is non-routine I do not see it as involving the performance of "relatively unusual" tasks as required for level E. Although there is a substantial amount of creativity that goes into the design of the particular graphic that may be used the process by which that graphic is designed and produced involves the use of certain equipment which has its own limitations in terms of what can actually be produced. I believe that the more appropriate description of the complexity of the work is captured by level D according to which the work 13 involves the performance of "varied non-routine complex tasks" normally regui'ring ,'different and unrelated processes and methods". Similarly on the Judgment element in the Job Difficulty factor I am unable to agree that the problem solving requires the "adopting" of analytical techniques and the ,,development of new information on various situations and problems" That suggests that the job requires that established techniques for doing the Job be changed or "adopted" in some way in order to complete the task. Again it cannot be disputed that the incumbent in this position performs the work ,'differently" from one project to the next in the sense that the particular concept or project which is undertaken may require that a different approach be taken. However, I believe that this is more appropriately dealt with under level 5 which speaks of "refining" work methods and techniques to be used. The work methods and techniques used in the production of the graphics remain the same. However, the particular application of them to a particular project may need to be "refined" having regard to the specific demands of that project. In summary the grievance is allowed with respect to the job factors of Guidance Received and Working Conditions-Visual Strain and is dismissed with respect to the factors of Job Difficulty, Skill and Training and Experience. In the result there should be added to the grievor's point total a further 42 points giving him a total of 692 points 14 putting him in Pay Band 11 and requiring that he be reclassified as a Technologist C. Dated at LONDON, Ont. this ~ day of ~ , 1988 G.J. Brandt, Arbitrator COLLEGE Seneca Colleqe GRIEVOR Alan Jones CLASSIFICATION/ POSITION Technologist B HEARING DATE May 30, 1988 APPEARANCES: MANAGEMENT UNION Angela Williams Bette Egri Charlie Suma Eugene Wilson DECISION.' Degree Points Job Difficulty n~ 194 Guidance Received ~.7~ 177 Communications C 3 8 4 Training F., Exper. D6 118 Knowledge Skill 5 61 Manual Working Effort R-4 7 Conditions Visual D5 33 Environ. C4 18 Total Points 692 Pay Band Number ] ] COMMENTS: SIGNATURE