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HomeMy WebLinkAboutSimoncini 06-05-30 ~ , IN THE MATTER OF AN ARBITRATION BETWEEN: SAULT COLLEGE ("the employer") and ONTARIO PUBLIC SERVICE EMPLOYEES UNION ("the union") AND IN THE MATTER OF A CLASSIFICATION GRIEVANCE OF CAROL SIMONCINI (OPSEU # 2004-0612-0021) ARBITRA~ ~OR: Ian Springate APPEARANCES: F or the Employer: Lanie Cerasuolo, Human Resources Consultant Carolyn Hepburn, Director Native Ee .ucation and Training F or the Union: Lom Foley, Vice Presic,ent, Loca 612 Carol Simoncini, Grievor HEARING: In Sault Ste. Marie on January 18, 2006 . 2 . DECISION INTRODUCTION The grievor's jO) title is Native Intace/Activities Officer. The employer classifies her as a Support Services Officer ("880") A at payban(. 8. She reports to Ms. Carolyn Hepbunl, Director of Native Education and Training. On NovemJer 26, 2004 the grievor filed a grievance w~ nch indicatec, that she wanted a new position description form ("PDF") prepared for her position. It is apparent from subsequent events that the employer understood that she was also seeking a higher rating for her position. On A.,ril 15, 2005 the employer finalized a new PDF with worc,ing acceptaJ_e to the grievor. The new PDF did not result in the employer changing the grievor's classification or payban(.. An ar ,itration data sheet provided by the union indicates that the union accepted t~le accuracy of tle new PDF4 The union, however, contended t_lat the grievor's position should be raised to payband 11 and classified as a SSO C. This was later amended to claim that her position should be classified as an Atypical SSO at payband 10. The appropriate rating of the grievor's position was 8C.c ressed on Lle )asis of t1e job eva. .uation system in place at the time t Ie grievance was filed. The parties agreed on the core point ratings for seven of the twelve job factors under that system 4 They disagreed on the ratings for the following five factors, namely: complexity, judgment, motor skills, physical demand and independent action. Each of these is discussed separately below. The employer's ratings for the twelve job factors resultec - in a total of 550 points under the job evaluation system. This came within t_le 511 to 570 point range for paybanc. 8. T~le union's ratings result in 655 points, which comes within the 631 to 690 point range for payband 10. The intervening payband 9 applies to a range of 57 1 to 630 points. THE GRIEVOR'S DUTIES AND RESPONSffiILITIES Ms. Hepburn testified that the purpose of the grievor's position is to assist the emp._.oyer to attract and retain aboriginal students. S.le notec. t 1at part of the College's strategic plan is to be a destination point for native stuc .ents. She said that historically aboriginal students have not performed well at the post secondary level and t_le grievor's position is designed to help address this by having someone available to assist ... 3 . them. She noted that the College also has a large native centre which serves as a gathering spot for natives. The PDP divides the grievor's position into three parts, eac~ 1 of which takes up approximately one third of her time. It states that she: (1) "Provides intake and support to potential, new and current stuc .ents"; (2) "organizes anc. imp~ements socia._, cu~tural and educational activities/events for the Aboriginal students of Sault College as well as Native community members" and (3) "Acts as the primary Native recruitment personnel wit Un the Native Education ane. Training Department by assisting t Ie Co_~_ege in t Ie recruitment of A )original students to Sault College". When discussing the first of t lese functions the grievor indicated that potential students come to learn of her position t rrough severa.. different ways, including by way of a we) site and referrals from a variety of individua~s and organizations. The PDF notes that the grievor responds to internal and external inquiries pertaining to programs and services offered by the College. She testified that when a student inquires about a program she goes through the College calendar with them. She saie. that W~len a student applies for a program she has them fill out the application form and then goes through it with them. The grievor indicated that she assists students and potentia. stuc ,ents to complete app~ications for First Nations funding. She estimated that 90% of native students receive such funding. She said that students are often shy and accordingly ask her to contact their funding source. She said that she liaises between the students and First Nations educational counci..ors. T~le PDF notes t1at the grievor maintains a liaison between students and their education counselor / fune ,ing agency regarding student attendance and relays academic performance information and student progress as provided by College faculty and counselors. The grievor testified that she refers native students who do not receive First Nations funding to the Workplace Safety and Insurance Board, Ontario Works or the Ontario Student Aie. P_.an Office as appropriate. The grievor testified that once a student has been accepted into a College program and Jeen approved for funding she provic.es them with information respecting matters such as housing and day care and the location of student services. The PDF states that the grievor also photocopies and faxes documents on behalf of students. The PDF notes that the grievor liaises on behalf of students with internal College departments and community agencies as they relate to student intake and support processes and she explains departmental and College policies and procedures to students, staff and faculty who request or use her services. 4 .. The PDP states llat the grievor records statistical information pertaining to native student services and ensures that the statistics are submitted to the Director of Native Education and Training as requested. The grievor testifiec. that .1er role in organizing and implementing social, cultural anc_. educational activities is designed to help retain native students at the Col. .ege. These activities include inviting guest speakers to address students. T le grievor stated t lat 8tuC .ents often ask that someone be invited to spea{ on a particu_ar topic. T_le grievor indicated that many of the activities she organizes are aimed not only at students but also t_leir families an(", the larger community. She noted that these activities can range from a soup and scone lunch up to an annual Pow Wow held during the first wee_, in April. She said that there is an annual calendar of events that she tries to follow every year. The grievor testified that S~le plans anc. implements activities.. The PDF states that the grievor prepares appropriate paperwork such as purchase orders and cheque requisitions and submits them to the Director for ~ ~proval and signature. It also states that she schedules and lOOks appropriate facilities for events. It notes that S Ie maintains an on-going inventory of event supplies. The grievor testified that a big part of any activity involves doing up an advertising flyer, posting it at the College and delivering and/or faxing it to appropriate organizations. The PDP inc icates t~lat Llese include native communities and aboriginal organizations. The grievor indicated that when meals are served at social, cultural or ec ucationa~ events she generally prepares a purchase requisition, purchases the food at a grocery store, does the cooking, at times with assistance, and organizes a group of volunteers to set up and later clean the room. She testified t lat the annua~ Pow Wow is held on a Saturday and Sunday but commencing the previous Thursday morning she ensures that Fire Watchers who maintain a sacred fire are .{ept fed. T~le grievor indicated that for some events she does not prepare the food but instead contacts a catering fmn at the College and has them deliver something for the students and/or visitors, often pizza. T~le grievor testified that when asking an elder to participate in an educational or cultural event, such as the Pow Wow, she visits them at home and presents them with tobacco. The grievor testified that she organizes a large gathering at Christmas that is attended by students and their families as well as by community mem ,ers and staff. She said that she prepares purchase orders, purchases the food and "begs" people to do .. 5 .. the cooking. She also referred to an annual Thanksgiving meal that was initially aimed at students who could not go home for Thanksgiving but which more recently has been _leld after tle lo~iday. S~le testified that no T~latL'sgiving mea_ was he_d Llis past year because the College's kitchen was closed for repairs. Atnong the annual activities the grievor re~e1Ted to in her evic .ence was a slei~l ride for students and family mem Jers anc-, a hea~th career fair attended by high school students, yout_l, adult learners and guest speakers. The grievor noted that at graduation the native centre is open to stue ,ents and their fami._ies for a social type gathering in connection with Jot 1 a morning and an afternoon convocation ceremony. She indicated that television sets in the centre allow those individuals unable to obtain admission tickets to watch the ceremonies. She saic, t1at she decorates the centre, orders trays of food and provides grac .uating students with sweet grass braids. The grievor testified that about once a month an unexpected event occurs, such as when a grou:_~ visiting Sault Ste. Marie asks for a tour of the College. She indicated that normal~y she asks a recruitment person to conduct a tour and after obtaining Ms. Hepburn's approval she arranges for the catering company to provide food for the visitors. She said that when evacuees from Kashechewan stayed in Sault Ste. Marie she arrangec. a successfu - (inner for them at LIe College. In her role as native recruitment person the grievor attends at various events to promote the College. She testified that she has a standard presentation which she adjusts depending on the event and the amount of time she is allotted. She said t~lat S~le is part of a "Road Warrior" group of college and university recruiters who together visit fust nation communities and high schools where they set up displays and give presentations. She also referred to having recently visited a high school in W a W a with a regular recruitment person from the College. The grievor referred to setting up a booth at a College career fair. She said that she has also set up displays at a mall to promote native education and services at t le College. She said that recently as :~art of such a promotion "we" mac.e dream catchers and taught others how to ma{e t lern. The PDF states that the grievor "attends and represents Native Education and Training and Sau~t Co~lege at career days, job fairs and other Native specific recruitment events within the province as timelines/funding permits". It also states that she promotes the College to native communities, organizations and agencies using print, media and on line resources. .. 6 - THE FACTOR OF COMPLEXITY The applica)~e jO) evaluation manual states tlat tlis factor measures the amount and nature of analysis, problem solving and reasoning required to perform job-related duties. It measures the conceptual demands of a job as characterized )y the analysis and interpretation required for problem anc solution definition, as wel_ as creativity, mental challenge, degree of job structure, planning activities and the variety and difficulty of tasks. The employer ratec. the grievor's :_Josition at level 3, which is worth 41 points unc ,er the job evaluation system. The union argued for a level 5 rating worth 74 points. The criteria for levels 3 and 5 and the intervening level 4 rating wortl 58 points, as we_~ as the associated illustrative classifications, read as fol.ows: 3. Job duties require the performance of various routine, complex tasks involving different and unrelated processes and/or methods. Clerk General C; General Maintenance Worker; Secretary A 4. Job duties require the performance of varied, non-routine, complex tas~(S involving different and unre. .ated processes anc=/or methods. Clerk General D; Library Technician B; Programmer A, B 5. JO) duties require t~le performance of complex and relatively unusual tasks involving specialized processes and/or methods. Programmer/Analyst A; SSO B, C; Technologist C The PDP contains the following entry with respect to this factor as wel_ as examples of the grievor: (1) working with individuals from remote native communities; (2) organizing and imp~ementing cultura.~ and social events and activities; anc (3) promoting the College with an emphasis on native programming and services: Job duties require the ability to apply specia~ize(, skills relating to working with Aboriginal peoples. The ability to communicate and problem solve in the traditional Native style (e.g. using the Ojibwe language, indirect approach, humor, .mowledge of extenc.ed family etc.) contributes to an atmosphere in which students and potential students feel comfortable and in which they can relate to. The incumbent can be expected to be involved in a variety of .. 7 planning activities anc, tasks, w_lic_l woulc. require quic.( aejustment from one tas.( to another. Awareness and knowledge of where resources are and how to access them to aid the student satisfactorily and knowing when and who to refer a client for more appropriate or persona_> counseling is critical. TIe incumbent is expected to be familiar with the college's programs and services so as to be able to refer students to the proper area within the college when necessary . The grievor contended t lat S.le has a unique jO) since it .las so many different aspects. She sai( that it is (ifferent working with Ojibwe, Cree or Metis students. She also said that it is cifferent wor.<ing Wit_l a stuc.ent raisec. on a First Nation such as Bearskin Lake than with a student who has lived in the city all their life. She said that the College has students from ''way north", Mi'kmaq from Nova Scotia and Inuit and ~m.owing the different cultures and geographies can at times be complex. The grievor suggested that she utilizes specialized processes when using her knowledge of native traditions anc. cultures, such as the protocol to Je fol.owed W~len approaching an elder. She said that part of the culture is how you interact wit. 1 a person and eye contact and )OC y language are big issues. She referred to knowing which cu. .tures find something funny as opposed to cultures that do not. She also relied on the fact that different First Nations have different educational procedures. Ms. Hepburn. testified t lat although understanding a protocol might be viewed as something that is specialized it can also be viewed as standard knowledge for someone in an aborigina.. position. She saic. that a non native person could learn protoco..8 'Y working witl the native community. Ms. Hepburn. estimated that 50% of understanding native culture relates to methods of communication, including non verbal cues and eye contact. She also said that there are two components to un( .erstan( ,ing native cu"~tures, namely une .erstanding the actual ceremonies and understanding cultural differences with respect to matters such as communication styles. In its written )rief t Ie union contenc .ed that communicating and problem solving in traditional native style involves specialized areas. The union referred to comments in the PDF stating that awareness and knowledge of where resources are and how to access them anc. knowing when and who to refer a client to for counseling are critical. It contended t_lat they support t1e concept of specia ize(, know.-.edge and methods. The union also referred to a statement in the PDF which notes that the grievor uses full creativity to implement events and activities. 8 ... In its written brief the employer contenc ,ed that Lle types of situations tIe grievor encounters do not require the use of specialized processes or methods as required for a level 5 rating. It described the grievor's general duties as primarily providing sup:_~ort and assistance to aboriginal students and assisting wit1 activities and events to promote College programs to prospective stue .ents within the context of aboriginal culture. It also noted that: "T~le fact that the incumbent must have knowledge of Aboriginal culture and protocols is a requirement upon hire. As this is a Native designated : ~osition at Sault College, this knowledge is in lerent in LIe ~)osition". At the hearing the employer spokesperson argued that it is mlerent in tIe grievor's position that she have experience in native protocol and communication skills, including native language, presenting information in a certain style and understanding non ver )al communications and interactions. In its brief the employer stated that it does not view knowledge of aboriginal eu ture as a specialized process. At the hearing the employer spo~~esperson compared native communication skills to the situation of someone who is in a French language position. She contended that Lle position WOU~(, not be rated higher because the incumbent requires French language skills. The spokesperson for Lle employer submitted that the grievor performs fair..y routine tasks. She said that events occur on an annual basis and the grievor uses repeated processes and methods and follow guidelines and policies. In its brief the employer argued that the grievor is involved in a lot of planning and coordinating tasks but t lese are fairly routine in terms of the types of tec~miques, : ~rocesses and methods used. The job evaluation manual contains guide charts which list the typical duties of each classification and indicates how various job factors respecting tlat classification would typically be rated. The C_larts can be helpful when seeking to ascertain how the developers of the jO) ev~uation system anticipated that certain job functions would be rated. This is particularly true for job factors such as complexity where t~le language 0:: t-le level defmitions can be difficult to apply. In particular, the guide charts can assist in c ifferentiating Jetween "routine comp_ex tasks", "non-routine complex tasks" anc "relatively unusual tasks" and between "different and unrelated processes and/or methods" and "specialized processes and/or methods". The typical duties listed in the guide C~larts for tIe SSO A, B anc. C classifications are set out )e~ow. A SSO A woad typically be rated at level 4 for complexity while a SSO B and a SSO C would typically be rated at level 5. 9 SSOA - Compiles data and statistics required for departmental reports. - Develops and recommends policies anc. procedures for administration of unit. - Provides data to decision makers allowing them to determine best course of action. - Responds to needs of service users by coordinating administrative details of projects. SSOB - Compiles and analyzes data in order to provide recommendations as to appropriate course of action. - Prepares operation plans, schedules and terms of reference. - Represents College in dealing with public by attending appropriate functions. - Trains, coordinates and monitors activities of others as appropriate. SSOC - Researches and prepares presentations and reports to communicate and support College plans and objectives. - Provides functional guidance and direction to others. - Analyzes requirements of groups both within anc. external to College and deve_ops programs to meet Llese requirements. Provides liaison with government . relation to the - agencIes In administration of projects. Certain aspects of the grievor's duties are routine in nature and would at most warrant a level 3 rating. These include assisting students with clerical matters, setting u: ~ rooms for gatherings and later cleaning them up anc, contacting a catering firm to arrange for the de~ivery of pizzas. T.le grievor compiles data and statistics. If she does so for departmental reports that is a typical duty of a SSO A at level 4. Otherwise tIe gathering and com:}iling of statistical data is a typical duty of a Clerk General C norma~.Iy rated at leve_ 3 for complexity. The grievor's role in reviewing student admission app.jcations and assisting students with applications for fun( ing appear to be routine in nature. The fact that 10 (ifferent First Nations have different procedures does not make lIe duty itse~f non routine. Presuma )ly various First Nations seek the same type of relevant information from students. These considerations suggest that these functions by themselves would justify a leve.. 3 rating. The same applies to the grievor's role in providing students wiLl information about college and outsic.e services. One typical duty of a Clerk General C, an illustrative c. _assification for a ~eve_ 3 rating, is "disseminates detailed information in response to a wide range of inquiries" . None of the grievor's duties can reasona ),..y be viewed as coming within the typical duties of a SSO C. In particular, I do not view the grievor's role in organizing individual social, cultural or educational events as the development of programs. Certain aspects of the grievor's role in organizing social, cultural anc, ecucationa.. activities do, however, come within the typical SSO A duty of "responds to needs of service users by coordinating administrative details of projects". The grievor's duties do not inclu(,e most of the typical duties of a SSO B. She does, however, perform one of t.~lem, name~y "represents Co~lege in dealing with public by attending appropriate functions". The evidence is that the grievor travels to First Nations communities to promote the College and attends at other functions for the same purpose. One can infer from the evidence that the grievor also acts as a representative of the College at functions she organizes at the College that are attended by members of the public. The SSO B guide chart indicates that representing the College in dealing with the public by attending appropriate functions is a function that woul<. typically justify a level 5 rating. The union contends that the grievor's role in communicating with members of native communities involves a specialized process. There is a separate job factor of communications / contacts. Tlis factor, however, relates primari~y to tle nature and purpose of communications. To some extent the union's position was supported )y the evidence of Ms. Hepburn. She referred to the importance of non verba.. cues and eye contact as well as the need to une .erstand cultura_ (ifferences respecting communication styles. It strikes me that communicating on the basis of non verbal cues, eye contact and humor does involve 'a specialized process, especially since there appears to be differences between different native cultures. The excerpt from the PDF set out above supports t_llS by noting that the grievor's job duties "require the abiiity to apply specialized skills" relating to working with aboriginal people and it expressly refers to the use of an indirect approach, humor and knowledge of extenced family. -The employer took the position that the grievor's communication skilis as they relate to native cultures is inherent in her position and she \J.ras required to possess them 11 in order be hired into her position. The fact the grievor was hired because she has specialized s~ tills (.oes not, ~10wever, .ogically mean that the exercise of tlose skills in connection with a specializec. . ~rocesses should be disregarded. The fact a Programmer/ Analyst might be hired due to their ability to analyze information requirements and to develop computer systems does not make the use of that know~.edge in connection with specialized processes any less meaningfu... The requirements for a level 5 rating refer to the performance of complex and relatively unusual tasks, not just non routine complex tasks. Communicating with mem-Jers of a minority cu~ture in Ontario in their native -anguage, whether it )e Frenc~l, Ojibwe or some other language, cannot reasonably be viewed as relatively unusual task. The use of techniques to communicate which involve an indirect approach, eye contact and non verbal cues does, however, appear to be a re..atively unusual. In all the circumstances I conclude that this function does meet the criteria for a level 5 rating. As indicated above, many of the grievor's duties do not justify anything more than a leve~ 3 rating for complexity. Her use of native communication skil~s when dea~ing wiLl a)original peop~es as well as her role in representing Lle Co~lege to the pu)lic at functions are, however, tasks that justify a level 5 rating. These tasks constitute a meaningful ongoing aspect of her job. Accordingly, I am satisfied that they justify a levelS rating for this factor. JUDGEMENT T~1is factor measures the independent juc ,gement and pro Jlem solving required on the job. It assesses the difficulty in identifying the various alternate choices of action and in exercising judgement to select the most appropriate action. It also considers- mental processes such as ana.ysis, reasoning or eva, ,uation. The employer ratec tIe grievor's position at level 4, w~1ich is wortl 66 points. The union argues for a level 5 rating worth 84 points. The applicable level definitions and illustrative classifications are as follows: i.. Job duties require a considerable degree of judgement. Problem- solving involves handling a variety of conventional problems, questions or situations wit1 established analytica techniques. EeE Worker; Nurse; Secretary C .. 12 5. Job e.uties require a significant degree of jucgement. Problem-solving invo.ves interpreting complex data or refining work methods or techniques to be used. Programmer B; Stationary Engineer C; Technologist B That section oft~le ~)DF w~lich addresses the degree of independent judgment and -------- problem-set ving-r-equ-ired--to .-perfarm-the-duties--of-the--grievor-' -s--pesitien---contains the fO..,.,owing entries: Uses independent judgment in determining when a client should be referred to a Counselor within the college. It is essential that the incumbent _mows W len and how to ic .entify W.~len a client needs to be referred. Uses independent judgment m implementing and planning social, cultural and educational activities within the Native ~ 3-( .ucation anc. Training Department for Col~ege students, 8ta: I and faculty as well as community members. Example One The incumbent conducts preliminary interviews, clarifies needs and provides referrals for potential new and current students. Clients would need to :>e referred to the Counselor for academic advising (e.g. student wishes to withdraw withdraw from classes, is unsure of what program to take etc.) or W.len personal issues may affect student progress, entry into programs etc. The incumbent may consult with either the Director of Native Education and Training, Director of Student Services or college Counselors to assist in ('.etermining tle appropriate action requirec '. Example r....~wo The incum )ent coordinates cultural/social/educational activities (e.g. annual Pow Wow, Christmas Gathering, Health Career Fair) within the Native Education anc, Training area as we~l as any special events that may occur from time to time (e.g. guest speaker etc.) It is important that the incumbent be aware of any cultural protocol when implementing these events ane proceeds accorc ,ingly, ( e.g. offering to )acco, significance of Elders etc.) 13 When giving her evidence the grievor sai(. that S~le refines wor_{ met~lods in the context of social, cultural and educational activities. She said that this involves knowing who to invite as a guest speaker. She gave as an exam')Ie knowing who she couIe. as_' to ta~_c about a pipe ceremony since not al_ e~ders possess t1at . crlOW, ,edge. She said that she acquired her knowledge of: )otential guest speakers by hearing people speak at different events and by being told about them by others. The grievor referred to a situation where S.le had to replace a guest speaker who had cancelled. Ms. Hep)urn testifiec. t.lat at ~east once a mont 1 an opportunity arises that "we" can take advantage of but standard procedures would probab..y be followed and the opportunity would not take away from the grievor's plan. She contended that the grievor is not requirec, to refine work met~lods but instead uses establis~led practices. In its brief the union contended that every student and potential student is unique and needs to Je hand..ed differently. It argued t~lat the grievor must analyze student needs and adjust established practices to meet the situation at hand. The union further contended that the grievor's coordination and planning of social events requires that she refine methods and techniques to meet the needs of the people involved and t le type of event. The employer in its brief argued that the grievor's daily work duties follow typical protocols and guidelines. It contended that her work situations are most often considered conventional within the aboriginal cU._.ture. The employer's brief also contended t lat setting up events, cooking and clerical functions are :~erformed by the grievor in t~le same manner-- as Lley would be )y an emp~oyee outsic-,e the Native Education and Training Department. At the hearing the spokesperson for the employer contended that a lot of situations are fairly conventional and occur on a regular basis and t lere are not a lot of odd situations. She argued t lat departmenta.. and Co~ege policies guide the grievor. A leve~ 5 rating is appropriate W~lere problem solving invo~ yes interpreting comp~ex data. The grievor does not engage in this task. A leve_ 5 rating is also appropriate W~len problem so~.ving invo~ves refining work methods and techniques. This means that the approaches to prob~.ems generally need to be adjusted, perhaps in su ")tIe ways. This is to be contrasted with the criteria for a level 4 rating which app. ies W~lere prob_ems are conventional in nature and can le ~land~.ed will established analytical techniques. This rating is appropriate when problems and situations are generally similar and therefore can be examined using established approaches. The grievor exercises judgment when deciding whether to refer a student to a counselor. This logically involves making judgments about whether the student would ~L(ely benefit from counseling and which office to refer them to. A counselor would 14 ~ presumably be required to adopt di: Terent approac~les for different students based on each student's issues and concerns and their in(ividua~. personalities. It does not appear that the grievor exercises Llat type of judgment or that her role involves a need to refine wor. ~ methods. The grievor must use _ler judgment W_len planning socia. " cultura_ anc. ec .ucationa~ activities. The issues involved, however, appear to be routine in nature, namely booking the facilities, advertising the event and arranging for or preparing food. Arranging for guest speakers presuma )~~y requires more LloUglt anc. perhaps more effort in locating someone willing to be a speaker but as with the other tasks the same analytical techniques appear to be employed each time. The grievor is aware of cultural :~rotocols, such as offering to )acco to an elder, but these relate in large measure to ~ler experience and _mow ~e( .ge. She does need to use jucgment when decic .ing when to follow a cultural protoco~. W_len m~dng such a decision, however, it does not appear that she needs to refine techniques in the manner contemplated by a level 5 rating. According..y, I confIrm the level 4 rating given by the employer. MOTOR SKILLS This factor measures the fine motor movements necessary to fulfill the requirements ofa position. It considers dexterity, comp_exity, co-ordination and speec,. The employer rated this factor at level C-2, which is worth 22 points. The union rated it at level D...3, which is worth 37 points. A level 2 rating ref.ects a prevalence of 10% to 30% of the time for a situation that meets the level C or level D definition set out below. A level 3 rating applies when the prevalence is 31 to 60% of the time. The _evel C and D definitions as well as the illustrative classifications for levels C-2 and D-3 are as follows: C Complex fine motor movement involving considerable dexterity, co-ordination and precision is required. Speed is a secondary consideration C-2: Clerk General D; SSO B D Complex fine motor movement, invo~ving significant dexterity, co- ordination and precision, IS required. Speed IS a major consideration. D..3: Secretary A, B '" 15 .. The PDF entries for this factor read as follows: Word processing s~cil_s are a component of this position. Speed is a seconc ,ary consideration. The incurn)ent woul( , uti. jze word processing s~cil~s to create written reports pertaining to special events and as requested by the supervisor, to generate activity reports, internaVexternal correspondence anc. to access information through SCIS. The incumbent generates flyers and distributes to the college and local community in order to promote planned activities/events within the Native Education and Training area. Task/Equipment % of Time Keyboarding/using mouse 30% The grievor testified that she creates reports, prepares flyers, communicates by emai.. and _{eeps a log of _ler daily activities and her keyboarding "~las got to be" over 300/0 of the time. The grievor was asked if speed is required when she keyboards. She replied that it is not so much that speed is requirec, as ensuring tlat the wor_, is done in - time, such as when she prepares a flyer for a particular activity. Ms. Hepburn testified t lat speed is not a critical factor for the grievor's position although the grievor must respond to issues in a time_y manner. In its brief the union suggested that the grievor performs keyboarding and mouse operations for Jetween 31 to 60% of t_le time. It further suggestec, that speec. is a major consideration when S Ie performs this work. The employer in its brief stated that the grievor does keyboarding 30% of the time and speed is a secondary consideration. It is c.ear from the evidence of both the grievor and Ms. Hepburn that speed is a seconc.ary consideration W~len Lle grievor performs keyboarding (uties. The PDF expressly states that it is a secondary consideration. Accordingly, I find that a level C rating is appropriate for the nature of the work involved. The PDF states that keyboarding and using a mouse account for 30% of the grievor's time. As noted above, both the grievor and the union agreed with the terms of the PDF. Given t lese considerations it is not now open ~:Or them to advance a contrary position. Accordingly, I conclude that the grievor does keyboarc ,ing and uses a mouse 16 .. for 30% of t~le time. This is at the very top of tle range :?or a -_eveI 2 rating for prevalence. It is, however, still within the range. Having regard to these considerations I find a level C2 rating to be appropriate. PHYSICAL DEMAND This factor measures the (,emanc. on physica.. energy required to complete tas~'s. The employer rated this factor at level 2 which is worth 16 points. The union argues for a level 3 rating worth 28 points. The criteria and illustrative classifications for these two leve..s are as follows: 2. Job duties require some p~lysical demand. There is an occasion~ requirement for repetition andlor speed. Employee usually has comfortable bodily positions with flexibility of movement. Employee uses recurring light physical effort, OR occasional moderate physical effort. Bus Driver; Secretary A, B, C; Security Guard; Clerk General B, C, D; Programmer A., B, C - -- -- 3. Job duties require regular physical demand. There is a regular need for speed and repetitive use of muscles. Employee is in uncomfortable or awkward ')odily positions for short perioc-,g of time wit-l some flexibility of movement. Employee uses continuous light physical effort, OR recurring periods of moderate physical effort, OR occasional periods of~leavy p_lysical effort. Caretaker A, B; ECE Worker; Switchboard Operator; Technologist A, B; Clerk General A The PDF inc. .udes that fo__lowing statements wit_1 respect to Lus factor: 17 .. This position has moderate physical demand. The incumbent has flexibility to change movement or physica.. position. - Prolonged sitting ( e.g. working at desk, interacting with students, participating in meetings) - Distribution of marketing materials - (e.g. transportation of materials, setup/takedown of display boards, distribution of college calendars etc.) - Pic _~ up and storage of event supplies - (e.g. purchase of groceries to provide meals during events etc.) - Food preparation (e.g. cooking main mea~s for events sue.1 as potluc~(s, student lunches, etc.) Task % of Time Prolonged sitting 50% Distribution of marketing materials 5% Pickup and storage of event supp. ies .-.0% Food preparation 10% T~le grievor testified that she generally has to transport her own supplies. She said that she travels with a display board a.___most as big as she is. Ms.. Hepburn testifiec. t 1at she has traveled with the display board and found it more awkward than heavy. The grievor contended that travel itself involves a physical demand. The grievor testified t~lat coo. ring can be heavy work, including using industrial size pots, large roasting pans and a large coffee macer. She said tlat grocery orders can cost $200 to $300 and be heavy and bulky to carry. Ms. Hepburn contended that the weight of transporting groceries from a vehicle to the native centre depends on the number of bags being carried at anyone time. Ms. Lorri Foley, the Local Union Vice President, notec, that she has wor~(ed in the lospitality industry. S~le said Llat a full stoe.' pot will on average weigh 32.5 pounds. She also said that a roasting pan will typically contain 10 pounds although it can be up to 25 pounds. She noted t_lat 500 sheets of paper weig 1 5 pounds. F or her part Ms. Hep)urn stated Llat she had never seen a stock pot moved after it has been filled, to which the grievor commented that ''we'' do move them~ As noted above the PDP states that the grievor has flexibility to change movement or physical . ~osition. Ms. Hepburn testified that the grievor has the freedom to move around or get up and stretC.l as requirec. . 18 '9 In its )rief the union argued that the 50% of LIe time that tIe grievor spends at her desk places excess demands on her lower back, ~mees and thig 18. It a~.so referred to the grievor picking up supplies for events and her food preparation duties. It argued that inserting and removing ~arge trays ~aden with food from ovens places a strain on the grievor's lower back. T le em: ~.~oyer in its brief contended that the grievor is situated in a normal office environment. It argued t.lat moderate p_lysica~ effort is occasionaJy requirec.of.ler. It submitted that altlough the grievor sits for prolonged periods she has the flexibility to change movement or physical position and to get up and move around. As noted above, the grievor contended that travel itself involves a physical ( .emanc .. Issues relating to travel, however, are expressly addressed by the separate factor of work environment. The wording of the factor level defmitions respecting physical demand suggests tlat sitting at a desk for extended periods of time is not by itself generally viewed as t le type of physical (.emand contemplated 'Y t1is factor. This is reinforced by the fact that the illustrative c_assifications for a _eve_ 2 rating include Secretary A, B and C and Clerk General B, C, D, whereas the illustrative classifications for a level 3 rating are generally associated with more physically active positions, including Caretaker A and B. One exception is tIe inc. .usion of Switchboard Operator as an illustrative c~assification for a level 3 rating. Presumably this relates to the fact that traditionally an individual in this position had to literally remain in their seat for extendec periods of time w.lile staffing a switchboard. The. PDF and the evidence, however, indicate that the grievor has considerable flexi Jility of movement. In terms of transporting supplies, including College calendars and bags of groceries, logically the weight the grievor carries will depend on the quantities that she decic .es to carry at anyone. time. The grievor is required to move a display boarc, Jut the evidence indicates that the board is more awkward than heavy. When cooking the grievor is at times required to move heavy items, such as a full soup pot weighing 32.5 pounds. The PDF states that the grievor is engaged in food preparation for a total of 1 0% of the time. From this I infer that the actual amount of her time that she spends on tasks such as lifting a fu_~ soup pot would )e very smal... Given t lese considerations I conclude that the most reasonable description of the grievor's activities is Llat Lley invo_ ve occasional moc ,erate p.~lysica_. effort, which justifies a level 2 rating. '" 19 ... INDEPENDENT ACTION This factor measures the independence of action and decisions required by a job. The job evaluation manual notes that controls can Je in t_le form of supervision, po~icies, procec.ures or established practices. The employer contends that a level 3 rating worth 33 points is appropriate. The union argues that a level 5 rating worth 60 points, the highest rating possi )Ie, s_lou_d )e aware .ed. T~le ' .evel definitions anc i~lustrative classifications for these and the intervening level 4 rating worth 46 points are as follows: 3. J 0) duties are performed in accordance with general procec ,ures and past practices under periodic supervision, with occasional periods of Supervisor ~ ~ut or verification. There is moderate freedom to act independently. Clerk General C, D; General Maintenance Worker; Microcomputer Operator B; Secretary A, B 4. Job duties are performed in accordance witl procedures and past practices which may be adapted and modified to meet particular situations and/or problems. There is considerable freec .om to act indepencently with Supervisor input or verification when requested. Library Technician B; Secretary C; SSO A, B; Technician C; Technologist B 5 Job duties are performed in accordance with general instructions and po. icies invo~ ving changing conditions and problems. There is significant freedom to act independently. SSO C, D; Systems Analyst; Technologist C The PDF includes the following statements respecting to this factor: Job duties performed in accordance with mutual discussion and general instructions from the Director of Native Education and Training. Sau~t College policies and procedures and the Native Education & Training (epartment past practices are referred to on an as needed basis. ... 20 . (W ork is checked by) regular verbal updates on a weekly basis and written reports as requested. Special projects are checked in process through discussion and review as needed. 8tuc ents will provide input and feedback on College programs and activities~ The incum ,ent wi_I have to (,ecic ,e what concerns to refer ( e.g~ to the Director, Dean, Counselor, program coordinators etc.) as required. This may occur frequently dependent on the student's particular need. Problems that involve major po, icy implications and/or College-wide implications and staffing issues are referred to the supervisor. In response to questions from LIe spo~{esperson for the employer LIe grievor indicated that every year she meets with Ms. Hepburn to decide on an activity plan for the year, wit 1 budgetary constraints being a key determinate. The grievor indicate(. that changes are ma(.e to LIe plan on an on-going basis in consultation with Ms. Hepburn. Ms. Hepburn testified that the grievor has a set plan that they go over to assess its feasibility and determine whether or not proposed events wi..~ proceed. The grievor testified that t:le plan runs from the second week of August to the second week of May, which is the period W.len S,le works each year. The grievor testified that she attends bi-week-y meetings with Ms. Hepburn. She indicated that during these meetings she provides updates and 8C vises Ms. Hep Jurn of W~lat she would like to do and tley discuss it. She noted that she asks Ms. Hepburn's permission to attend outside events. She gave as an example a Pow Wow and educational fair at Laurentian University. Ms. Hep)urn indicated t_lat once she has approved an event she gives the grievor freedom to organize it. She gave the example of the grievor proposing a moccasin building workshop. She said the grievor would ask her permission for the works.lop Jut once she received it the grievor would decide on t le ~ocation of the workshop, how long it would run and have the "creative freedom" to organize the event. Ms. Hepburn indicated that she WOll ,d su Jsequently obtain a synopsis respecting what occurred from the grievor and feedback about the event from staff and students. The grievor contended that she faces changing conditions and problems, which is a requirement for a level 5 rating. She gave as an example someone who was scheduled to speak at an event canceling out and .ler having to either (0 without a spea-cer or arrange for a replacement. She referred to times when she was required to use a different room than the one originally booked for an event even though she had put out flyers referring to t~le origina~ room. She also noted t~lat she adds activities at the request of a native student council. III 21 . Ms. Hepburn descri Jec, the grievor's situation as static. She said that a )original students at the College face certain issues and the grievor's basic role is to attract and retain aboriginal students. Ms. Hepburn did note that things are fluid in the sense that activities are student oriented and what students want this year might be different from W lat they wanted last year. The spokesperson for Lle employer asked Ms. Hepburn how often odd situations would arise when she woulc. provic ,e input or directions to the grievor. Ms. Hepburn replied that t us would be rare since most events have been running for a long time. ~n its written brief the union contended that the grievor is provided with general instructions respecting the expected outcomes for her position and given the freedom to determine how to aC_lieve t.lose outcomes. T le union argued that the grievor only reports back to the Director when updates are necessary and does not seek any furtler advice or input. It submitted that only if there would Je a major impact is LIe grievor expecte<:. to refer to t le supervisor. In its brief the employer argued Llat tIe grievor's (.uties are usually performed in accordance with mutual discussion and general instructions from the Director of Native Education and Training and the grievor refers to policies, procedures and departmental past practices on an as needed )asis. It sai( that the grievor has )i-wee_dy meetings witt the Director on a one~to-one basis to review and monitor the status of work plans and ongoing projects. It submitted that problems which invo_ ve major policy implications, Col..ege wic-.e impLications or staffing issues are referred to the supervisor. At the hearing the spokesperson for the employer argued that the frequency of the bi- weekly updates suggests t lat LIe Director ~las information on how things are going. S-le also noted that t Ie Director's approval is required for any event to take place. The criteria for a level 5 rating suggests that this level is appropriate where an employee acts in accordance with general policies and procedures in the context of changing conditions and problems without any supervisory input respecting specific situations. r.lle grievor's situation clearly does not meet these requirements. She discusses specific events anc. activities Ms. Hepburn both before and after they occur and does so in a context W_lere concitions and pro,lems generally remain the same. A ~evel 5 rating is not appropriate. A more difficult issue is wheLler a level 3 or level 4 rating is more ap: ~ropriate. A SSG A is one of the illustrative classifications for a level 4 rating. The criteria for level 4, however, suggests that supervisor input or verification occurs only when requested by the employee. Ms. Hepburn ~ )proves events in advance, eit ler at Lle start of tIe grievor's year or for new events prior to when they occur. S_.le receives regular upc ,ates after events are held, which is a form of regular verification. There is, however, no 'II 22 . suggestion of regular input or verification with respect to the grievor's assistance to individual students and potential students. One of the criteria for a ~eve~ 3 rating is perioc ie supervision. Apart from Ms. Hepburn ap:~roving in advance W.lat the grievor wi~~ Je doing WiLl respect to organized events the evidence did not refer to any situation where she directly supervised the grievor's work. The PDF notes that "special projects are checked in process through discussions and review as neec .ed". This suggests a form of direct supervision. T.le ~ac~' of any reference to a specific special project in the evidence, however, suggests that such situations are rare. The grievor follows general procec ures anc, past practices. In terms of individual situation and problems, however, such as deciding how a moccasin -)uilding workshop shoulc. Je structured, she appears to be able to modify procedures and past practices without any supervisor input. This is consistent with the criteria for a level 4 rating. The matter is not at all clear cut. Taking the various considerations into account, ~lowever, I believe that a level 4 rating is a "better fit" for this factor. CONCLUSION The various ratings assigned by the employer resulted in the grievor's position receiving a total of 550 points. An ac .ditiona~ 33 points for a level 5 rating for complexity and 13 additional points for a level 4 rating for independent action raises the total to 596 points. This is within the range for payband 9. It is apparent that the grievor's position is "atypical" in several senses, inc_ucing the fact that her individual duties when viewed in isolation would attract different ratings. Payband 9 is, however, the payband for a SSO B. Accordin~y, I find t~lat tJe grievor's position should be ratec. as Support Services Officer B at payband 9. I retain jurisdiction to ac .dress any issues which arise directly out of this decision that the parties are unable to resolve. Dated this 30th day of May 2006. L~ \~ /~or J JAN-02-2006 MON 03:14 F~ SAULT COLL HUMAN RES FAX NO. rUb fb8 ()t)d4 fl. lie , Ar.Jitration Jata S.leet. SU) Jort Staf-: C assification College' -5Q.uJ .'. Cc .' eoe..- Incumbent Ca,(O l S;\ n'lCnC ~ n I Supe rvi so (' C o...iD' V\jI',\ '.-k.-) J U-Vl"\ I ' r- J- ~ " r- A c.. _.1 Present Classificatlon' ~/ WICQ./) at,) G).IV" Present Payband: 3 Job Family and Payband Requested by GnelJor. ~ ~'a~ ct"€- (QA,r... A+f1:', cv.J......; · )'(1bcU~IO, 1 z: the Attached PositIOn Descriptton Form \ ~. The parbes agreed on t~e contents, o The Union disagrees with the contents and the specific details Zhed 2. The Attached Written Submisslon 15 from: t:J The Union he Collage I ... Factor . ~ ..i'l i; t : '. 'II Management UnIon ,ArbItrator I , '} . ... I' Level Porn ts Level Points Level Points .- J 1. T rainingF;" echnJcaf Skills &) ql 5 0' ~ '1/ -- 2 Experience 1 ~~ ~ -3Q ~ t~d 3. Complexity 3 .J- . 5 1l;. S 7/f ""'I" I 4. Judgement L.\- l.v~.:5 c&~ JI- 6t 5, Motor Skills ~C d;l.' 3D ,'11 '-2., :l~ 6 PhYStcar Demand c~._~~ '=) a((; :l- 16 7. Sensory Demand 3 ~S( ?J ~~ 3 )1f' B Strain from Work Pressures/Demands/Deadlines ~ ~ ,")0 -4 ~C' If 3'1 :') - 9 independent Action ~ :S3 5 J.e.O I.j. 1'-6 10. CommunicationsiContacts , ) K~ 3 ~ 3 ~~ f ! 11. Responsibility for DecisfOns/Acbons L..__ (Q;L ~ ro~ If 62 - 12. Work El1VlrOrrment ~ '~ ;;t ~ ~3L;L 313~ Tota[ Points 550 b5S" f'l6 For the Union J~ ~ )V0 (Gnevor) (Date) ( Date) (UnIon Representative) (Date) . . ..... - For" Arbitrator's Use~ Resulting Classification: ~S 0 t; Payband 1 L ~t::lJf :r:~ J~Jllt11 /Jt 3rJ 241.1 (Date ~ward) (Arbitrator Ignatu) (Date of Hean g) rcM;jC~ · JiJne ~OO2 -'