HomeMy WebLinkAboutThibert 91-10-15 Original - 91C149 (S)
IN THE MATTER OF AN EXPEDITED ARBITRATION
BETWEEN:
Ontario Public Service Employees Union
(hereinafter called the Union)
- and -
ST. CLAIR COLLEGE
(hereinafter called the College)
- and -
MRS. ELAINE THIBERT
(hereinafter called the Grievor)
SOLE ARBITRATOR'
PROFESSOR IAN A. HUNTER
APPEARANCES:
FOR THE UNION: Ms. Mary Anne Kuntz, Grievance Officer
FOR THE COLLEGE: Mr. Kevin Mailloux, Manager, Staff Relations
A HEARING WAS HELD IN WINDSOR, ONTARIO ON OCTOBER 2, 1991
AWARD
(1) Introduction
The grievance of Mrs. Elaine Thibert dated May 24, 1990
alleges improper classification as a Support Services Officer (then
A, now B) in Payband 8 (now 9). An expedited arbitration hearing
was held at St. Clair College in Windsor on October 2, 1991. At
that hearing I heard viva voce evidence from the Grievor and from
her Supervisor, Mrs. Becky Queen, concerning the position in
question.
(2) The P.D.F.
The contents of the P.D.F. are not in dispute.
(3) The Arbitration Data Sheet
Management Union
Factors Rating Points Rating Points
Job Difficulty D5 194 E5 222
Guidance Received D4 150 E5 220
Communications C3 84 D4 123
Knowledge:
Training/Experience C6 105 D6 118
Skill 4 47 4 47
Working Conditions:
Manual C2 12 C2 12
Visual B4 10 B4 10
Environmental C2 12 C2 12
TOTAL POINTS 614 744
Payband Number 9 11
(4) The Position: An Overview
The position in question is a sole incumbency position in the
office of the Registrar at St. Clair College, Windsor. It is a
unique position, certainly.to St. Clair College perhaps to the
community college system, in that it combines in one person three
distinct functions: (1) Convocation Planning; (2) College
Publications; and (3) Liaison. These functions came to be
performed by the incumbent, Elaine Thibert, primarily for
historical reasons which need not be detailed here. Suffice to say
that even a cursory review of the P.D.F., apart from the helpful
evidence of Ms. Thibert and her Supervisor, Mrs. Queen, satisfied
me that the position is AtyDical for Support Service Officers.
The Convocation - Coordination functions occupy approximately
one-third of the Grievor's time. The Grievor has primary
responsibility for the organization, coordination and
implementation of arrangements for four Convocations (three in
Windsor, one in Chatham). This includes (a) coordinating the
preparation of graduating lists and ensuring accuracy and
completeness; (b) gathering and coordinating information for
Special Awards; (c) requisitioning Convocation supplies (programs,
gowns, etc.); (d) "ghostwriting" invitations to Board members and
other dignitaries for the signature of the Registrar; (e) choosing
the platform party participants: clergy, orators, Grand Marshals,
etc.. There was a dispute in the evidence as to whether or not Ms%
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Thibert selects the Master of Ceremonies; I am satisfied that she
does so in practise, although I accept Mrs. Queents statement that
final determination of who would be Master of Ceremonies is the
prerogative of the Registrar or Assistant Registrar; and (f) the
incumbent, Ms. Thibert, prepares the program script for those
participating in Convocation.
The Colleqe Publications function occupies approximately one-
third of the Grievorts time. A variety of College Publications
were filed as exhibits at the hearing. From the evidence I find as
a faot that Ms. Thibert~s role is less that of "original writing"
(although there is some of that); rather coordination of
information given to her by others, coordination of format and
design with the Media and Information Technician (and Public
Relations), and liaison with printers. In other words, Ms. Thibert
is the intermediary between those who write the content of these
publications (Deans, D~partment Chairs, etc.) and the printers who
print it. To say that is not to diminish the importance of the
Grievor's responsibilities with respect to publications; rather it
is to put them in proper perspective.
The third function, which occupies approximately the remaining
third of the Grievor's time, is liaison. The Grievor organizes and
provides tours for prospective students, either singly or in
groups; she schedules faculty members to see prospective applicants
who have specific program queries; she coordinates, on behalf of
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St. Clair College, the annual provincial C.A.A.T. visitation
schedule; for one week in the fall she herself goes to a designated
area and promotes St. Clair College to high schools and community
groups.
(5) Job Factors in Dispute
(1) Job Difficulty:
Ca) Complexity
The College has rated this factor D:
"Work involves the performance of varied, non-
routine complex tasks that normally require
different and 'unrelated processes and
methods".
The Union has rated this factor E: "Work
involves the performance of non-routine and
relatively unusual tasks that may require the
application of specialized processes or
methods".
From these factor definitions, two
distinctions are critical: (a) Are the
Grievor's tasks "relatively unusual"? (b) Do
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the Grievorls tasks require application of
specialized processes or methods?
What is unusual about the Grievorls
position at St. Clair College is the
combination in one person of three quite
different functions. But the tasks required
in'each function are no= "relatively unusual".
The tasks are a mixture of routine and non-
routine, some complex others not so;
performance of these tasks requires different
and unrelated processes, responses and
methods.
I heard no evidence which would lead me
to conclude that task performance requires
"specialized" processes and/or methods. I put
the question directly to the Grievor and she
could not think of a single "specialized"
process or method she used in the performance.
of her duties.
Complexity is properly evaluated D.
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Cb~ Judgment
The College has evaluated Judgment at
Level 5: "Duties performed require a
significant degree of judgment. Problem-
solving involves interpreting complex data or
refining work methods and techniques to be
used".
The Union has proposed that Judgment be
evaluated at Level 6: "Duties performed
require a high degree of judgment. Problem-
solving requires adopting analytical
techniques and development of new information
on various situations and'problems".
I heard no evidence which would warrant a
conclusion that the position requires
"adopting analytical techniques"; when I
questioned the Grievor about this she could
give no instance of it. She does develop a
certain amount of what could be considered
"new" information; however the novelty which
the Grievor imparts to the publications
function is primarily in format and layout.
In her other two job functions (i.e.
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Convocation and Liaison) there is little
development of new information.
I am satisfied that Judgment is correctly
rated 5. "
Accordingly, Job Difficulty should be
evaluated DS.
(2) Guidance Received
The College has evaluated Guidelines Available at D:
"Work is performed in accordance with procedures and past
practises which may be adopted and modified to meet
particular situations and/or problems. Supervisor is
available to assist in resolving problems".
The Union has evaluated Guidelines Available at E:
Work is performed in accordance with general instructions
and policies involving changing conditions and problems.
Supervisor may be involved on problems of major
importance".
Particularly on the basis of Mrs. Queen's evidence,
I am satisfied that she is involved, as Supervisor, only
on problems of major importance. The P.D.F. itself
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states: "The incumbent's work is not checked. Work is
not reviewed by the Supervisor. End result is reviewed
by exception (Dost-mortem)." On this basis, I Conclude
that Guidelines Available is correctly rated E.
The College has evaluated the Nature of Review at
Level 4: "Work assignments are subject to a general form
of review for achievement of specific objectives and
adherence to established deadlines".
The Union has proposed a rating of 5: "Work
assignments are reviewed only for achievement of broad
objectives, effectiveness of results, and to ensure
integration with the work of others".
Level 4 accords, very precisely, with the Grievor's
own evidence, particularly her description (concurred in
by Mrs. Queen) that the position is "driven by
deadlines". The form of review is "general" and the
criteria of assessment (for all three functions:
Convocation, Publications, and Liaison) is "achievement
of specific objectives".
Guidance Received is properly rated E4.
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(3) Communications
The College has rated this factor C3. The Union has
rated this factor D4.
The critical distinction, on purpose of contacts, is
whether or not the Grievor's contacts are ',with respect
to matters of. considerable importance requiring tact,
diplomacy, and persuasion". Every position in the
College requires some "tact, diplomacy and persuasion";
does the Grievor's position require these qualities
beyond the norm?
Yes, it does. In two of her three functions,
comprising two-thirds of her time (i.e. Convocation and
Liaison) the Grievor is representing the College, and
effective public representation of the College requires
a high degree of tact, diplomacy and persuasion. The
P.D.F. itself recognizes this: "Clientele and
professional contacts are extremely diversified,
requiring a diplomatic positive approach...in an effort
to promote a positive image of the College". Page 4 of
the PoDoF. refers to "...highly visible activities which
impact heavily on the College's image". Finally, I n6te
that Mrs. Queen's evidence, on behalf of the College, was
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that the position requires "a lot" of tact and diplomacy,
particularly in the liaison function.
The parties also differ on the Level of Contacts.
In my opinion~ the P.D.F., plus the viva voGe evidence of
the Grievor and Mrs. Queen, resolves this issue in the
Union's favour. The Grievor's primary contacts, in both
the Convocation and Liaison aspects of her job (together
comprising two-thirds of her duties), are at "senior
management levels".
Communications should be evaluated D4.
(4) Knowledge: Training and ExDerience
By the date of arbitration, the parties had agreed
on the formal training required for the position: Level
6 - a three year community college diploma or equivalent.
They differed only about the "Experience" factor. The
College considered "Up to three years practical
experience" required (C); the Union contended for "Up to
five years practical experience" (D).
The evidence of the Grievor and Mrs. Queen was
identical: Up to three years practical experience,
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beyond a community college diploma would be required as
minimum entrance requirement.
This factor is correctly rated C6.
The Grievor is entitled to be reclassified'Support Service
Officer, Atypical. The position should be core-point rated as
follows:
Factors Rating Points
Job Difficulty D5 194
Guidance Received E4 177
Communications D4 123
Knowledge:
Training/Experience C6 105
Skill 4 47
Working Conditions:
Manual C2 12
Visual B4 10
Environmental C2 12
TOTAL POINTS 680
Payband Number 10
The grievance of Elaine Thibert is accordingly allowed.
Dated at the City of London this /~ay of ~-e~0Fc~ , 1991.
.~_Pr~fessor Ian A. Hunter Sole Arbitrator