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HomeMy WebLinkAboutMacDonald 16-10-31IN THE MATTER OF AN EXPEDITED CLASSIFICATION ARBITRATION BETWEEN: ONTARIO PUBLIC SERVICE EMPLOYEES UNION, Local 109 (FOR SUPPORT STAFF) (hereinafter called the "Union") -and- COLLEGE EMPLOYER COUNCIL (FOR COLLEGES OF APPLIED ARTS and TECHNOLOGY) In the form of FANSHAWE COLLEGE (hereinafter called the "College") -and- GRIEVANCE of KAREN MACDONALD OPSEU File No. 2014-0109-0002 (hereinafter the "Grievor or the Incumbent") ARBITRATOR: REPRESENTING THE COLLEGE: REPRESENTING THE UNION: Richard H. McLaren, C.Arb. Julie McQuire, Employee Relations Consultant Jeff MacNab, Assoc. Registrar Customer Services Julia Boffa, Human Resources Consultant Ron Kelly — Classification Steward Local 109 Karen MacDonald — Grievor A HEARING IN RELATION TO THIS MATTER WAS HELD AT LONDON, ONTARIO ON 25 October 2016 A W A R it Karen MacDonald (the "Grievor") is employed by the College as a Customer Service Representative -Information and Customer Services, Office of the Registrar. The College and the Union did not agree on the Position Description Form ("PDF"). The PDF was revised over several meetings and as agreed to by the parties, it was submitted to the internal Job Evaluation Committee ("JE") for rating. The results were communicated to the Grievor by Point Rating Letter on 27 November 2014. The JE revised the rating of three (3) factors. There is a continuing disagreement on the point scoring for the position which resulted in this arbitration. The Hearing was initially scheduled to be heard in December of 2015. However, due to illness it had to be rescheduled and the Hearing did not take place until 25 October 2016. There are six (6) factors under the Job Evaluation Manual (the "Manual") in dispute. The College evaluated the position and rated it at 343 points, placing the position within Payband E. The Grievor and the Union submit that the position ought to be evaluated at 462 points placing it in the higher rated Payband G. The Grievor seeks to have her position evaluated at the higher Payband. Should there be any change in the Payband as a result of this decision it will be retroactive to 4 April 2014. The Position and Duties The Incumbent works in the Office of the Registrar which is the main gateway to the College. She works within that office in the area of Information and Customer Service which is one of 7 internal areas. The area within which the Grievor works is responsible for providing information and customer service for all programs/courses offered by the College to all of its customers. The duties of the position involve monitoring as the first point of contact all e-mail traffic to customer inboxes and creating e-mail responses and answers to queries. The Incumbent must also respond to AskFanshawe inquiries where there is an automated response. The appropriateness of the response and its contents is continually monitored by the Incumbent and revised and updated. The other key 2 duties of the position involve setting up to create and provide student cards and ID badges. The Incumbent is the primary contact for School Offices or departments seeking to confirm student registration status for student card purposes. The position is under the guidance of a work Team Coordinator and the Associate Registrar, Information and Customer Services. Factors in Dispute Each of the six factors in dispute is dealt with below under separate headings. 4. Plan ning/Co-ordinating: Ratings: College Level 2 / Union Level 3 This factor measures the planning and/or coordinating requirements of the position. This refers to the organizational and/or project management skills required to bring together and integrate activities and resources needed to complete tasks or organize events. There may be a need to perform tasks with overlapping deadlines (multi -tasking) to achieve the decided results. (i) The Union In the student card area of responsibilities of the position the majority of the work for the Incumbent is planning and coordinating. Each year there are three card events, two Start of Term activities and HeadStart. The Planning and Co- ordinating involves sending out requests to the Student Union; I.T. helpdesk staff in order to plan the event, staff the event and ensure that all necessary equipment is available and supplied in accordance with a plan made as to the layout of the location. The requests involve determining what other areas of the College, aside from the Office of the Registrar, will require in terms of staffing layout and services to be provided. Plans also must be made for Office of the Registrar staff to man the equipment and generate the student cards. At the event the Incumbent is required to trouble shoot for all the individuals present and working on the College systems and forms. In planning these various events an inventory of supplies on hand and use of Admission Reports is undertaken and appropriate permissions and supplies are obtained several months in advance of the event. The Union submits that all of the activities of this aspect of the position bring it within the description of Level 3 as information and material activity that enable "completion of tasks and events, which affect the work schedule of other employees". 3 (ii) The College The College submits that the work activity comes within the requirements of Level 2 as being "focused on completion of assigned activities with established deadlines or procedures..." The staff that man the events are assigned by the Work Team Coordinator or the Associate Registrar. The Incumbent is not determining the employees who will assist in the project or affect their work schedules. Therefore a Level 3 rating is not supported by the PDF or the expectations as set by the College. (iii) Findings I find that the Grievor identifies who is available to staff the events and that person's availability is confirmed through the Work Team Coordinators. However, at the events themselves the scheduling of when people work, who is assigned to do certain parts of the work, who stays over lunch hours; works late or on the weekends is determined by the Incumbent. She must work with the Work Team Coordinators but does not work under them but in collaboration with them. The Incumbent decides the order individuals' work and adapts the process to the staff available in organizing work assignments. In so doing the work schedule of others are affected. For all of the foregoing reasons, I find that the Union has proven that the appropriate Level is 3. I direct and order that the Point Level for this factor be set at Level 3. 5. Guiding/Advising Others: Ratings: Occasional In Dispute This factor refers to any assigned responsibility to guide or advise others (e.g. other employees, students, clients) in the area of the position's expertise. This is over and above communicating with others in that the position's actions directly help others in the performance of their work or skill development. (i) The Union It is submitted that the position is an Occasional 3 because the Incumbent is required to train both new and current backup staff on all aspects of responding using both Outlook and AskFanshaswe. Staff are helped with the wording of e- mail responses, specific answers; where to find information on website or within other departments. When it comes to the card and other events the Incumbent does 4 the training on all aspects of card related processes. Finally, during Start of Term activities the Incumbent needs to determine that everything is functioning and staff are working as required. This involves instructing individuals, giving directions and allocating staff that are helping. It is submitted all of the foregoing requires an Occasional rating of 3. (ii) The College It is submitted that the Note to Raters for this factor describes the position being rated requires a particular area of expertise which is used to assist others in completing their tasks, with accounting being the example. The Incumbent is the go -to person with cards but the definition of advice applying to Level 3 is not met because she cannot provide knowledgeable direction regarding a course of action. Therefore, Occasional Level 3 is not established. (iii) Findings It is correct that the Incumbent does not have a specialized area of expertise like accounting as is used in the Note to Raters. However, the Incumbent has worked with the card system since 1999 when the College approved a photo identification system for creating student cards. She has also worked with the automated response system known as "AskFanshawe" since its inception and launched in February of 2003. Thus, there is a specialized area of expertise acquired by experience and work with the various systems for many years. Therefore, I find that the Union has established that the Incumbent can and does provide knowledgeable direction regarding the work and course of action of others. For all of the foregoing reasons I find that the Union has established that the point rating ought to be at an Occasional Level 3 and it is ordered that the rating be changed. 6. Independence of Action: Ratings: College Level 2 / Union Level 3 This factor measures the level of independence or autonomy in the position. (i) Union It was submitted that specific work is assigned, like the parking office needs a specific card or a part-time student needs a card. How to deal with these requests or otherwise to organize the daily work the Incumbent determines what is to be done and sets the priorities. E (ii) College It was submitted that for the vast majority of the work the Incumbent works within specific guidelines and established procedures at Level 2. The carding processes are uniform. There are some anomalies but not sufficient to state that the work is at Level 3. (iii) Findings I find that the work falls within the definition of Guideline in this factor. The difference between the two . levels is whether the procedures and guidelines are established (Level 2) or general (Level 3). The Incumbent completes duties in accordance with established processes and guidelines rather than general procedures and within established policies or principles determined by the customers in the carding aspects of the position. The e-mail aspects of the job are also at Level 2 despite the fact that some e-mails have to have a crafted response. Based on the foregoing I find that the Union has not justified the Level 3 rating for this factor. No adjustment in the rating is ordered. 7. Service Delivery: Ratings: College Level 2 / Union Level 3 This factor looks at the service relationship that is an assigned requirement of the position. It considers the required manner in which the position delivers service to customers and not the incumbent's interpersonal relationship with those customers. All positions have a number of customers, who may be primarily internal or external. The level of service looks at more than the normal anticipation of what customers want and supplying it efficiently. It considers how the request for service is received, for example directly from the customer; through the Supervisor or workgroup or project leader; or by applying guidelines and processes. It then looks at the degree to which the position is required to design and fulfil the service requirement. (i) Union It is submitted by the Union that the services provided are "tailored" to the questioner in e-mail responses. While there is no verbal communication as n contemplated by the Factor Notes to Raters there is a need to read between the lines and try to answer the query with what the inquirer is looking for. There is also the need to anticipate what is likely to come of the delivered answer and include that in the response. In terms of card events the service requires varying the cards to add logos such as one for the paramedics or nursing wants signature of manager on the card. (ii) College The College submits that what the Incumbent is doing is not developing an understanding of the customer's situation but rather selecting the best method or answer to an e-mail. Such activity is a better fit with Level 2 where the options available need to be known but the answers or options do not present much opportunity to change the options. (iii) Findings The difference between the provision of services at Level 2 from that at Level 3 is the degree of customization that goes into the delivery of services. While the e- mail queries come in many different formats and require interpretive and understanding from experience the responses are in most instances identifying information or policies or other College information. There is very limited customization that goes on. There is some work of that nature in the monitoring the auto response system of AskFanshawe but I find that it is insufficient to say that the majority of the services provided are at Level 3. Therefore, I find that the Union has not established that this factor has been incorrectly determined by the JE. For all of the foregoing reasons no alteration of the point's level is justified and this factor ought to remain as determined by the JE. 8. Communication: Ratings: College Level 2 + Occasional 3 / Union Level 3 This factor measures the communication skills required by the position, both verbal and written and includes: - communication to provide advice, guidance, information or training - interaction to manage necessary transactions - interpersonal skills to obtain and maintain commitment and influence the actions of others 7 (i) Union It is submitted that it is a daily occurrence for the Incumbent to provide counter staff advice on a particular issue that a student might have. In order to determine what the problem is it requires checking policies, procedures, administrative and other College information. The other aspect of communication is training the staff at events, particularly work study students. They must be sensitive to the fact the customer is the student, not a parent or friend. The software and what it does and how to understand the steps is an important part of the communications work. Therefore, it is submitted that the training and other work involves both communication, technical information and providing explanations so the individuals understand their work responsibilities. (ii) College The College concedes that there is some work of the position that is at Level 3 and that is why the rating of an Occasional Level 3 is assessed. The customer does not need technical information or explanations to secure an understanding. The student just wants their card fixed or at an event their card issued. Therefore, the communications are correctly assessed at Level 2 with an Occasional 3. (iii) Findings The Union has not established that the communication is at a Level 3. I agree with the submissions of the College and find that the position is correctly rated at Level 2 with an Occasional Level 3 when it comes to training, particularly with work study students. For all of the foregoing reasons I find that there should be no adjustment to the rating carried out by the JE. 10. AudioNisual Effort: Ratings: College Level 1 [A] / Union Level 1 [B1 This factor measures the requirement for audio or visual effort. The factor measures the following two aspects: a) the degree of attention or focus required, in particular for: - periods of short, repetitious tasks requiring audio/visual focus - periods where task priorities and deadlines change and additional focus and effort is required to achieve the modified deadline b) activities over which the position has little or no control that make focus difficult. This includes the requirement to switch attention between types of 8 tasks and sensory input (eg. Multi -tasking where each task requires concentration). (i) Union The disruptions are an integral part of the responsibility of the position and occur by counter staff interrupting the Incumbent and staff at events setting up conflicting demands and requests. The Incumbent has her own role to play in answering e-mails using AskFanshawe and organizing events. In the course of doing that work she is interrupted on a regular basis and therefore does not have a maintained focus. (ii) College It is submitted that the position does not fit the requirements of item 5 in the Notes to Raters for this factor in the Manual. It is submitted that the role is responding to e-mail and card enquiries at the front desk and so cannot say that "disruptions" are not an integral or primary responsibility of the position. Therefore, the rating is properly rated at "Maintain Focus". (iii) Findings I find that the College is over emphasizing the role of the Incumbent as merely one of responding to counter staff answering e-mail. That is an aspect of the job. However, because the Incumbent performs planning and coordinating functions in organizing the events and then actually overseeing the implementation of the events that work of its very nature is interrupted by staff operating equipment having issues and particular customers having issues. In the meantime when not dealing with those aspects of the position she is to carry out the e-mail reply roles even at events. I find, therefore, that the focus is interrupted and the Union has proven that to be the case. For all of the foregoing reasons I find that the focus is interrupted and the rating is ordered to be so altered. E CONCLUSION Following a thorough review and subject to the foregoing reasons, I find that the Union has proven that the position ought to have a rating adjustment to 385 points. The change in the total points does not change the placement of the position in the Paybands. The position is confirmed as being correctly determined by the College to be in Payband E on the Schedule in the Manual. DATED at London, Ontario this 31" day of October, 2016. Richard H. M Laren, C.A b. Arbitrator 10 APPENDIX C: Arbitration .Data Sheet_ Support_Stal College: Current Payband: L- Incumbent:��N�.p�fo�Gupervisor:!�/GS //�"S�5"oc, G G Payband Requested by Grievor: 1. Ccncerning the attached Position Description Form: The parties agreed on the contents ❑ The Union disagres with the contents and the specific details are attached. 2. The attached Written Submission is from: o The Union dl/he College Factory Mariagement Union Arbitrator Regular/ Occasional Regular/ Occasional Regular / Occasional 3 Recurring Recurring Recurring 4. Planning/ Coordinating Level Points Level Points Level Points Level Points Level Points Level Points 1A Education 3 357 50,5' 3 5' 5. Guiding/Advising Others 1B. Education 3 3 2. Experience ?, 5 q ��f 3 6. Independence of Action 3. Analysis and Problem Solving 3 2 / (7 3 9 4. Planning/ Coordinating / -%" 5. Guiding/Advising Others 3 3 --9' 1-7 3 3 6. Independence of Action _ /� /�- 7. Service Delivery Z 3 8. Communication3 3 7� `� 9. Physical Effort 10. Audio/Visual Effort / q 5 3 6 S a0 a 6 7 0 -3 11. Working Environment / Z / 7`� 61 Subtotals (a) (b) 3 �j (a) J fa (b) .2 (a) 3L-1 Cl](b) j L, Total Points (a) + (b) 3 7 IQ 5 Resulting Payband l G aturef L �-Za' Griego � ;� Date � Collegg,Representa$Iv Date Union sent iv//—I/Ie as/OGT Arbitrator ID e of Hea-ri'ndl Date of Awaril 61 Quick Arbitration Manual For Stewards March 2013