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HomeMy WebLinkAboutTrick 18-03-29IN THE MATTER OF AN EXPEDITED CLASSIFICATION ARBITRATION BETWEEN: ONTARIO PUBLIC SERVICE EMPLOYEES UNION, Local 416 (FOR SUPPORT STAFF) (hereinafter called the "Union") -and- COLLEGE EMPLOYERS COUNCIL (FOR COLLEGES OF APPLIED ARTS and TECHNOLOGY) In the form of ALGONQUIN COLLEGE (hereinafter called the "College") GRIEVANCE OF SHANNON TRICK OPSEU File No. 2016-0416-0022 (hereinafter called the "Grievor" or the "Incumbent") /_1:10.119 REPRESENTING THE COLLEGE REPRESENTING THE UNION: Richard H. McLaren, C.Arb. Penny Dockrill, HR Business Partner Emily Woods, Acting Associate Director Finance Rahul Sharma, Acting Business Administrator Physical Resources Pam Auchterlonie, Steward Local 416 Shannon Trick, Grievor A HEARING IN RELATION TO THIS MATTER WAS HELD AT OTTAWA, ONTARIO ON 23 MARCH 2018. AWARD Shannon Trick (the "Grievor") is the Incumbent in a position referred to as a "Capital Projects Analyst" at Algonquin College (the "College"). The position was reviewed by the College on several occasions. The parties agree with the contents of the Position Description Form (the "PDF"); however they disagree on the point scoring for the position. Prior to the commencement of the Hearing the Union agreed with the College's submission that Factor 10 should be scored as Occasional 2 with 35 points awarded. The remaining disagreement centers upon two Factors contained in the Support Staff Job Evaluation Manual (the "Manual"). The College evaluated the position and rated it at 473 points, placing the position within Payband G. The Grievor and the Ontario Public Service Employees Union (the "Union") submit that the position ought to be evaluated at 537 points, placing it at the higher - rated Payband H. The Duties of the Position Shannon Trick is a "Capital Projects Analyst" in the Physical Resources Department of Algonquin College reporting to the Manager, Business Systems. The Incumbent provides financial support in the preparation, analysis and interpretation of financial information relating to the Physical Resources capital (major construction and renovation) projects. The position also requires the Incumbent to coordinate the financial procurement process for multiple capital projects to ensure compliance with the College's purchasing policy and procedures. There are two parts to the position. One part involves working on major capital projects and the other on capital projects that involve restoration or redevelopment. There are at least 40 capital projects of varying types being carried out within the fiscal year. The current major capital project is a $44+ million multi-year project that began in 2016 and will be concluded in April of 2018. The majority of the Incumbent's time over the past two and half years has been working on this major capital project which is rapidly coming to an end but has dominated the Incumbent's work. Major capital projects have separate guidelines. The Incumbent works with external project managers. They do not always know college policies and guidelines and maybe they have read the ministry guidelines on what is eligible and ineligible for the project. Part of the Incumbent's work is to ensure that the information that she deals with and records is in compliance with all of the applicable guidelines. 2 There is also a procurement function working with the construction managers who deploy the sub trades. The Incumbent creates the requisitions and the details but does not do the procurement. Factors in Dispute There are two Factors in dispute in this proceeding: Factor #3 — Analysis and Problem Solving and Factor #8 — Communication. Each of these Factors is dealt with under separate headings below. Factor #3 — Analysis and Problem Solving: Ratings: College Level 2 / Union Level 3 This factor measures the level of complexity involved in analyzing situations, information or problems of varying levels of difficulty; and in developing options, solutions or other actions. (i) The Union The Incumbent prepares monthly and yearly detailed reconciliation reports of College major capital projects for financial auditing purposes. The Innovation Centre has a $44.9M budget with guidelines established by the Ministry of Advanced Education and Skills Development (MAESD). A similar process is also undertaken for the 40 odd capital projects that go on each year. The former activity is the majority of the work of the position as the current major capital project is a multi-year, multi-million dollar project. Eligible and ineligible expenses must be identified and tracked as MAESD funds 50% of eligible expenses to a cap of $24M. Expenses are characterized as eligible or ineligible. The Incumbent makes an eligibility determination after applying the guidelines and possibly having to clarify or interpret the guidelines. Careful consideration is given before the expenses are categorized and reported monthly to MAESD. (ii) The College It is submitted that the examples in the PDF show that the work performed is still quite structured because the Incumbent performs it in the customary or usual way. There is freedom to resolve the problem other than by normal past practice. The day to day data entry and reconciliation of the same involves destemming if the payment was made and entered correctly and the category in which it was placed is correct. Therefore, the Incumbent has all the information at hand when it comes to the reconciliation and making financial statements. 3 (iii) Findings The problems that are encountered are readily identifiable. However, the major capital project in progress had an entirely new set of guidelines and lack of familiarity by both the Incumbent and the external construction manager. While the College is correct that the data that is used to compile reports and statements is created by the Incumbent and is readily at hand that is not the point at which the analysis and problem solving begins. At the outset of determining how to treat a piece of information and how it applies to the guidelines it is necessary to recognize when additional information is required to clearly understand the problem Therefore, inquiry and more information than the guidelines and polices provides is needed and input from external and internal persons is required. Once that information is determined then the information becomes data entered into the computer systems. It is the process going on before the data is entered that makes this a Level 3 activity. I find that the Union has established the proposition that the work is at a Level 3. It is ordered that the rating be adjusted to this Level. Factor #8 — Communication: Ratings: College Level 2 / 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 (i) The Union The Incumbent must relay financial information to various individuals in a comprehensible manner. Examples include explaining College procurement and business policies. These explanations are necessary for the Incumbent to understand the information and thus make decisions on how to report the data. In order to do that information must be exchanged from various members, including staff and outside project managers. The frequent changeover of managers for the Incumbent has meant that she has had to explain policies and guidelines to new supervisors who do not have a full understanding of the technicalities of the polices. Other examples were given at the Hearing but I do not rely upon them for they were drawn from outside the PDF. That meant there was no way that the College could adequately prepare to make their submissions to me. .19 (ii) The College The College submits that the examples and the explanations required are merely explanation and interpretation which is a Level 2 in the Manual. There is no interpreting policy or theory, rather the incumbent follows procedures established with the College, the department and the vendors at the point of contract award and set up. (iii) Findings Much of what the College submits is accurate when dealing with the 40 odd capital projects where the Incumbent is responsible for the entry of purchase orders, payments and other contractual terms into the College computer systems. In dealing with this aspect of the job the persons spoken to are conversant with the terms and processes. However, this aspect of the job is not the major activity. The major capital projects are of a different nature. When the current major project was commenced there was a learning curve to the new guidelines that were not used in the past. The persons spoken to, external to the College personnel, were no better versed in it than the Incumbent. They have had to learn from each other and in sharing their knowledge and understandings both parties in the conversation are then able to perform their duties. For these reasons I find that the Union has established that the scoring of the position on this Factor ought to be at the Level 3. CONCLUSION The change in point scoring as a result of this Award adds 64 points to the total. That makes the total 537 points which places the position within Payband H on the Schedule in the Manual. As a result, the Grievor is to have her pay adjusted from the date of the grievance, being December 15, 2016. The College is to make the retroactive pay adjustment within two full pay cycles after the date of this Award. The parties are hereby directed to take the necessary steps in order to implement this decision. If there are any disputes as to the implementation of my Award, I retain jurisdiction to resolve those disputes and issue a Supplementary Award to complete the process of ensuring that the remedy is complete and the Grievor is made whole to the extent that may be required. I will remain seized of this matter with jurisdiction to complete the remedy in this Award for a period of 45 days from the date herein. Either party may, on written request to the Arbitrator, ask me to reconvene the Hearing for the purposes of determining the remedial aspects of this Award. 5 If no written request is received within the stipulated time frame, I will no longer retain jurisdiction over the implementation of the remedy arising from this Award. DATED AT LONDON, ONTARIO THIS 29TH DAY OF MARCH 2018. Richard H. McLaren Arbitrator C1 Arbitration Data Sheet - Support Staff Classification V College: Algonquin College Incumbent: S Trick Current Payband- F Supervisor: Payband Requested by Grievor: 1. Concerning the attached Position Description Form: The parties agreed on the contents ® The Union disagrees with the contents and the specific details are attached. 2. The attached Written Submission is from: 0 The Union Q The College FactorManagement Uriion Arbitrator Regular/ Recurring Occasional Regular/ Recurring Occasional Regular/ Recurring Occasional Level Points Level Points Level Points Level Points Level Points Level Points IA. Education 16. Education 2. Experience 4 1 5 48 3 69 �j `T $ `� LCI 1. k � g 3 Lq 1 3. Analysis and Problem Solving 2 46 �j Q 31 4. Planning/Coordinating 3 56 3 51O - S 5. Guiding/Advising Others 3 29 b 09 3 2 q 6. Independence of Action 3 78 7. Service Delivery 3 51 8. Communication 2 46 3 9. Physical Effort 1 5 j Cj I 5 10. Audio/Visual Effort 11. Working Environment 1 7 � — subtotals (a) 438 (b) 35 (a) A53h (b) 0 (a) -W o' (b) 035' Total Points (a) + (b) 473 Resulting Payband G t A Signatures: dq�,Pyli84jIIq (Date) (College Rresentativ (Date) ,;y&)f\IS (Date) 17e A P.c.-k 2-.3 7-a 18 NWS c It 2ALc I (Date of Hearing) ' (Date of Award) i