Loading...
HomeMy WebLinkAboutLott 92-04-15 OPSEU File No:91F100 IN THE MATTER OF AN ARBITRATION BETWEEN : O.P.S.E.U., Local 416 (hereinafter called the "Union" ) - and - ST. LAWRENCE COLLEGE (hereinafter called the "College") AND IN THE MATTER OF THE GRIEVANCE OF Julie .Lott Board of Arbitration: B. A. Kirkwood, Sole Arbitrator Appearances for the Union: John Molleson J. Lott, Grievor Appearances for the College: John Flegg Jim Bell Hearing Date: April 3, 1992 at Kingston Page 2 AWARD The incumbent is a medical laboratory technologist. She works under the direction of the Manager of Laboratories and Studios, Mr. Jim Bell. The incumbent provides technical assistance to faculty and students in the laboratories. She works to modify, prepare, set up and demonstrate techniques required for laboratory instruction in the clinical laboratory and chemistry teaching areas and to assist with clinical problems throughout the Science areas. These duties involve work in both human and animal courses. The incumbent works in the Chemistry Lab for Medical Care and Animal Care, Haemotology and Immunal Haemotology, Histology and General Laboratory Techniques. The Union agreed that the incumbent's Position Description Form (PDF) properly describes the incumbent's functions. There was no dispute on the facts. The dispute between the parties arose from the application of the facts to differences in interpretation of the guidelines. The parties scored the various elements of the position as follows: Elements Management Union Rating Points Rating Points Job Difficulty D5 194 D5 194 Guidance Received D4 150 E5 200 Communications C3 84 D3 109 Knowledge/Training/ D6 118 D6 118 Experience Knowledge/Skill 5 61 5 61 Working Conditions/ B5 13 C5 21 Manual Pa~¢ 3 Working Conditions/ B2 5 B2 5 Visual Environmental C5 21 D5 34 Total Points 646 742 Payband Number 10 11 The parties disagreed with the interpretation of the elements required for the job in the areas of Guidance Received, and Training/Experience and its application to the core point rating. Therefore, the elements and points in issue were: Elements Management Union Rating Points Rating Points Guidance Received D4 150 E5 200 Communications C3 84 D3 109 Working B3 13 C5 21 Conditions/Manual Environmental C5 21 D5 34 GUIDANCE RECEIVED The Union submits that the conditions in each lab is different and that conditions may change from lab period to lab period and possibly with each academic member running the lab. The Union argues that a basic difference between levels D and E is that the conditions in level D work are relatively constant and minor changes can be dealt with by modifications to meet those particular situations or problems. The Union submits that on the other hand the work in level E involves changing conditions and problems. The Union submits that the grievor receives her assignments on either a yearly or bi-yearly basis. Her work Page 4 is rarely reviewed, and she is not supervised. The incumbent only seeks supervisory approval of budgetary items. As her supervisor does not have the same skills and background as the incumbent, the supervisor is unable to assist her resolving problems. Furthermore, the incumbent must ensure that her work integrates with the academic staff. Therefore, the Union proposes that Guidelines Available are best described by Level E which states: Work is performed in accordance with general instructions and policies involving changing conditions and problems. Supervisor may be involved on problems of major importance. The Union also proposes that Nature of Review is best described by Level 5 which states: Work assignments are reviewed only for achievements of broad objectives, effectiveness of results, and to ensure integration with the work of others. The College acknowledges that the labs, students and course content may change, but submits that the demonstration processes remain essentially the same from lab to lab, from day to day, and even from year to year even though they may be modified to meet changing course content. The College argues that the incumbent may be required to modify existing procedures where necessary, but the work is performed in accordance with established procedures established either professionally through the requirement of the course or by the professor assigned to the course. The College argues that policies are set by the College on an annual basis, and written instructions and lab procedures are given to the support staff. .Due to the level of skill and knowledge that the incumbent must have to perform her job, the guidelines are less precise and the nature of review less frequent. Therefore the College Page 5 proposes that Guidelines Available are best described by Level D which states: Work is performed in accordance with procedures and past practices which may be adapted and modified to meet particular situations and/or problems. Supervisor is available to assist in resolving problems. The College proposes that Nature of Review is best described by Level 4 which states: Work assignments are subject to a general form of review for achievement of specific objectives and adherence to established guidelines. The incumbent does not have an academic role. She assists the academics. Her role is to consider the course, the assignment given and determine what experiments are to be used and to ensure that the experiments work. Her work is guided only by general instructions and policies. The incumbent has limited sources of instruction. Each year she receives a laboratory manual which sets out the course outline, goals and assignments. The manual provides the incumbent with general instructions. The incumbent decides what materials are to be used and the procedures to be followed. The task that the incumbent faces is to ensure that the experiments meet the criteria set out in the course outline. In order to do so, the incumbent prepares and tests the experiments that are to be taught to the students. The basic structure of the course and the purpose of the experiments remains primarily the same. The students must pass a province wide exam in medical technology. However, although the principles of science remain constant Page 6 the incumbent is faced with changing conditions caused by obsolescent equipment and discontinued chemical kits. Mr. Bell.acknowledged that the acquisition of equipment was at least twelve years behind, which mave much of the equipment obsolescent. In addition various chemical kits that were provided by suppliers were frequently discontinued and alternative methods and chemicals had to be found and used, to meet the goal of the experiments. Mr. Bell agreed with the incumbent that these conditions and problems made it impossible for the incumbent to modify procedures. The incumbent had to find alternative and new methods of proving the scientific principles. Therefore, although the College suggested that the incumbent merely had to adapt the past procedures to meet the constant principles of science, I find that due to the particular condition of the College's equipment, and the necessity of finding new methods, procedures and chemicals, which is occurring on a constant basis, the incumbent's work is performed in accordance with general instructions which involve changing conditions. I do not find that the differences in the types of laboratories or where they are located relate to the level that the incumbent is operating from. Each laboratory is an individual unit with its own purpose and goals. The College hired the incumbent to allow the incumbent to take on the overall responsibility for certain laboratories. Her supervisor runs a large number of labs and his involvement is limited. The supervisor is available to assist the incumbent when necessary. The incumbent may call upon the supervisor if there are problems which she cannot resolve. Page 7 I cannot accept as a general principle that must be applied in all circumstances, that a supervisor must have the same qualifications as the person being supervised to supervise and review that person's work. Each situation must be looked at and stand on its own merits. In this case, there is a distinction between those areas where the supervisor can assist the incumbent and those areas where he cannot. The supervisor has a General Science background and is familiar with the equipment the incumbent uses. He is able to assist the incumbent in any technological difficulties she may have with equipment. However the supervisor is limited by his lack of knowledge in the medical technological field. Therefore the supervisor can help the incumbent determine the cause of malfunctioning equipment, but is unlikely to be able to assist the incumbent in achieving a certain medical technological goal. The incumbent then has to look to the academic staff to help her resolve a medical technical problem. As a result when considering the relationship and functions of the supervisor and the incumbent and applying the relationships and these functions to the matrix I find that although the supervisor is available to assist in resolving problems that does not completely describe their relationship. Due to the differences in the skills of the supervisor and the incumbent, the relationship of the supervisor to the incumbent is to deal with the major problems and to ensure that the incumbent's work integrates with others. For example, the incumbent is given the responsibility to determine what equipment and materials are needed for the laboratory subject to her supervisor prioritizing those needs with the needs of other laboratories under his control. Therefore when considering the responsibilities the incumbent has to ensure that the course outline is met, the Page 8 conditions she faces with obsolescent equipment and discontinued chemicals and chemical kits, together with the limited supervision that she receives, I find that Guidelines Available is best described by Level E. Some of these factors are equally applicable when considering the nature of review of the incumbent's job. While the incumbent work must achieve the specific objectives and guidelines set out in the manual, the incumbent's role must also meet very broad objectives. The incumbent's goal is to ensure that the experiments work. The incumbent must integrate her work with that of the faculty. She looks to effectiveness of results as she has to ensure, that even with obsolescent equipment and chemical changes, the results remain constant. The course outline contains certain standards errors that are built into the system. There must be a predictability of result as the students, when working in the field, will be faced with experiments that rely upon constant errors as doctors and other medical personnel will be relying upon and expecting these errors to be built into tests. Therefore, after considering these factors, I find that the Nature of Review is best described by Level 5. As a result of the placement of these elements on the Guidance Received Matrix the incumbent is awarded 200 points in this category. COMMUNICATIONS The Union submits that a great proportion of the incumbent's time is spent resolving problems that occur in each individual laboratory. The Union submits that the College has given little consideration to problem solving, Page 9 which is the focus of much of the incumbent's contacts. The Union submits that in resolving these problems that incumbent must use tact and diplomacy. Therefore, the Union submits that the Purpose of Contacts is best described by Level D, which states: Work involves contacts for the PUrpose of problem identification and solution with respect to matters of considerable importance requiring tact, diplomacy and persuasion. The College submits that the incumbent's primary contact is with the students. That contact is intended to provide guidance and technical assistance to the individual seeking to learn the field. The incumbent is to guide and to demonstrate the technical skills to the students. The employer submits that no greater than average tact and diplomacy is required in performing this function. The College submits that the external primary contact is with suppliers. The purpose of the contact with the suppliers is to order material, to confirm availability of equipment and supplies and to determine the problems with equipment or supplies. Similarly the College submits that this does not involve diplomacy. The College submits that the Purpose of Contacts is best described by Level C that states: Work involves contacts for the purpose of providing guidance, instruction or technical advice or for the purpose of explaining various matters by interpreting procedures or policy. The incumbent's primary internal contacts are the students, the professors and the support staff members. Her role is to work with the support staff and the academics in Page 10 preparing for, and demonstrating labs. She provides technical advice to the staff in providing them information on the current chemicals, and chemical kits available. Her contact with the students is to demonstrate the labs and to help them learn the principles involved. The essence of demonstrating principles of science and their application is to provide guidance and technical advice. Inherent in performing a job that involves contact with people is the use of some tact and diplomacy. The College acknowledged that they hired the incumbent to use those skills. However, when applying those skills to the consideration of the elements on this matrix, more is needed that the mere diplomacy, tact and persuasion. In order for Level D to apply, the work has to be for the purpose of problem identification and solution and it must relate to matters of considerable importance which requires tact, diplomacy and persuasion. Much of the incumbent's work involves problem solving, dealing with the difficulties arising from the equipment, resolving methods of applying the principles in experiments. These aspects do not involve matters of considerable importance that requires tact diplomacy and persuasion. The incumbent stated that she needed to use tact when teaching students to take blood from each other for the first time. She had to deal with the students' anxieties and the possibility of fainting. The incumbent had to allay the students' fears and shield them from embarrassment. I accept that tact has to be used in this situation, but it is an adjunct to teaching and providing technical guidance and it is not based upon problem identification and their solution. Page 1! When dealing with suppliers the incumbent has to be able to express what equipment is required, when the equipment does not meet the criteria, the incumbent has to explain to the suppliers the difficulties with the equipment, when she wishes to return the equipment. Returning equipment can be considered a problem, and the situation must be handled with tact and persuasion, however, it happens occasionally and is not a significant portion of the incumbent's job. The majority of the time that the incument spends in her contacts with suppliers is ordering equipment and confirming its availablity. This requires information to be conveyed in a matter of fact manner and does not address problems that must require the use of tact and persuasion. Therefore I find that Category C best describes most of the incumbent's contacts. By application of Category C and Level 3 as agreed by the parties, the core point rating on the Communciation Matrix is 84. MANUAL EFFORT The parties have agreed on the prevalence of the time expended on manual effort but have disagreed with the description of the effort. The Union submits that the incumbent must lift drums of chemicals such as alcohol, acetone, methanol, and cases of test tubes. The Union submits that these materials are medium in weight as they range from 16 pounds for boxes of slides to 35 pounds for a drum of alcohol. The Union therefore submits that Level C is applicable, which level states: Page 12 Work requires moderate manual effort and physical exertion egs. climbing or working from ladders, using medium weight tools and machines and/or handling medium weight materials. The College submits that the majority of the incumbent's time is spent standing and using light weight materials. Less than 10 percent of the incumbent's time is spent lifting and the normal weight does not exceed 10 kilograms. In addition, carts were available to transport' heavy supplies to minimize the lifting required. The College submits that Level B is applicable, which states: Work requires light manual effort and physical exertion egs, prolonged standing, sitting, walking, climbing stairs, using light tools and/or handling light weight material. When classifying an incumbent's functions, I must consider what level or category best describes the incumbent's functions. Therefore even though a category may touch on an aspect of the incumbent's position, it must be significant enough to bring the incumbent's functions into that higher category. In this case, the incumbent handles some medium weight objects, and there is some lifting required. The incumbent is required to obtain supplies from the shipping department and to store them in either her office, the tunnel, which is a storage area located on at the bottom of a flight of stairs, or in open storage shelves in the laboratories. The incumbent must handle and store bottles or large containers of chemicals which range in weight from less than a pound to 54 pounds. She must lift and store boxes of test tubes, petrie plates, etc. The incumbent has carts available for her to transport the equipment. Handling medium weight objects in all respects only constitutes a very minor aspect of the incumbent's job. The Page 13 parties agreed that lifting and moving items of up to 10 kilograms only represents 5 percent of the time. This includes a range of objects that may not all be at the upper end. Even it does not include the larger drums referred to at the hearing, handling these drums are insignificant when looking at all the effort that the incumbent expends. Most of the incumbent's day is spent standing while giving demonstrations to the students or working in the laboratories. The only opportunity she has to sit down is for the hour or less that the incumbent spends in her office. The ?DF which the parties agrees is accurate accurately reflects 75% of the time spent in prolonged standing. While the incumbent is standing and demonstrating to the students she is using light weight materials such as test tubes, needles and chemicals. In summary, the incumbent does not handle or lift objects of medium weight to the degree for me to find that the incumbent uses moderate manual effort. The significant portion of the work involves light manual effort. Therefore I find that Level B is the appropriate level. By application of Category B and Level 5 as agreed by the parties, to the core point rating system, the incumbent is awarded 13 points on this matrix. WORKING CONDITIONS/ENVIRONMENTAL The Union submits that the incumbent works constantly with bio-hazardous materials and there is a distinct possibility of injury. She deals with chemicals that are flammable, corrosive, explosive and carcinogenic. The incumbent uses human bloods, control serums and urines that are not screened for infectious diseases and therefore is potentially exposing herself to injury. The Union's Page 14 submits that Category D properly describes the incumbent's environment conditions as follows: Very disagreeable working conditions, extreme cold and heat, fumes and/or height. Exposure to potentially hazardous conditions where there is a distinct possibility of injury. Requires the use of protective equipment. The College submits that the incumbent works in somewhat disagreeable conditions with controlled and limited exposure to hazardous conditions. The incumbent's only exposure to extreme cold, heat, or other elements is no more than once or twice a week when the incumbent visits the solvent storage room. The College acknowledges that there is a possibility of infection but the employer is very conscious of its obligations to maintain a safe working environment for its employees. Strict safety rules are' enforced at all times and all hazardous materials are labelled and proper disposal of such materials are maintained. The incumbent must wear a lab coat and protective gloves. The College's position is that the Work Environment is best described by Category C as fol lows: Disagreeable working conditions. Exposure to dirt, noise, and a variety of weather elements. Exposure to potentially hazardous conditions where there is some possibility of injury. I find that although the incumbent is only minimally exposed to extreme cold, or heat, she is constantly exposed to potentially hazardous conditions. The chemicals that she works with are flammable, corrosive and carcinogenic. She receives blood and urine samples from hospitals, which have not been screened for infectious diseases. Similarly, the incumbent takes blood and urine samples from students. These samples are not screened. The Page 15 incumbent is required to take rabies titres from all the animals and is thereby, exposing herself to the potentially hazardous conditions that could lead to injury. The College acknowledges that her job is either the first or second most hazardous job in the College. Although the College does its best to ensure that the incumbent works in a safe working environment, the nature of her work precludes her from operating in an assured safe environment The College requires the incumbent to wear protective clothing to protect her from the hazardous conditions. When comparing the two levels describing the environmental conditions, a key distinction is the required use of protective equipment in Category D. Protective equipment is a reflection of the conditions that an employee works in. Although protective wear limits the degree of exposure to the hazards of the job, it does not fully protect her. The incumbent remains exposed to venal punctures, exposure to contaminated substances that if contacted creates a distinct possibility of injury. Therefore I find that Category D properly describes the environmental conditions of the incumbent's work. By application of Category D and Level 5 as agreed by the parties, to the core point rating system, the incumbent receives 34 points in this category. Therefore by applying the categories and levels of the matrices to the core point rating, the incumbent is awarded 709 points, which places her in Payband 11. Interest shall be payable on any unpaid amount from the date of the grievance. I shall remain seized in the Page 16 event that parties are unable to resolve the interest rate applicable and any matter relating thereto. Dated at North York, this 15th day of April, 1992. B. A. Kirkwood, Sole Arbitrator ARBITRATION DATA SHEET - SUPPORT STAFF CLASSIFICATIONS COLLEGE ST. LAWRENCE INCUMBENT J· LOTT PRESENT CLASSIFICATION TECHNOLOGIST B AND PAYBAND 10 SUPERVISOR JIM BELL JOB FAMILY AND PAYBAND REQUESTED BY GRIEVER TE~NNOLOGIST C P.B.11 POSITION DESCRIPTION FORM: 1. Position Description Form Attached 2. ~X~ Parties agree on contents of attached Position Description Form O__R I Union disagrees with contents of attached Position Description Form SPECIFIC DETAILS OF THIS DISAGREEMENT ARE AS FOLLOWS: (USE REVERSE SIDE IF NECESSARY). AWARD Management Union Arbitrator ELEMENTS Rating Pts. Rating Pts. Rating Pts. GUIDA/gCE RECEIVED D4 150 E5 200 ~ ~ 200 COMI~UNICATIONS C3 84 D3 109 ~ ~ KNOWLEDGE TRAINING/EXPERIENCE D6 118 D6 118 ~)~ {~ WORKING ~AL B5 ~S 05 ~ ~ ~5 CONDITIONS VISUAL B~ 5 ~ 5 ~Z 5 PAYBAND NU~4BER 10 11 %% ATTACHED WRITTEN SUBMISSIONS: ~ The Union ~--~ The College (Optional) SIGNATURES: (Date) ' '~ (Date) .~ ~o~n~R~ '~. ) (Date) / ~~o~, s us~: D f~& ~/~ ~ ~a/~ Hearing Date Award Date SIGNATURE ~ ~