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HomeMy WebLinkAboutChipps-Drummond 08-01-28 IN THE MATTER OF AN EXPEDITED ARBITRATION BETWEEN: ONTARIO PUBLIC SERVICE EMPLOYEES' UNION, LOCAL 109 (hereinafter called the Union) - and - FANSHAWE COLLEGE OF APPLIED ARTS AND TECHNOLOGY (hereinafter called the College) - and - CLASSIFICATION GRIEVANCE OF MS. NANCY CHIPPS-DRUMMOND (hereinafter called the Grievor) ARBITRATOR Professor Ian A. Hunter APPEARANCES: FOR THE UNION: Ms. Jean Fordyce, Union Presenter FOR THE COLLEGE: Ms. Sheila Wilson, Employee Relations Consultant AN EXPEDITED ARBITRATION WAS HELD AT FANSHAWE COLLEGE IN LONDON, ONTARIO ON JANUARY 11, 2008 2 AWARD (1) Introduction Ms. Nancy Chipps-Drummond holds the position of Team Leader, Retail Services at Fanshawe College. She reports to Mr. David Smith, Manager, Retail Services. On February 8, 2006 she filed a grievance alleging that she was improperly classified as Support Service Officer C, Payband 11. The remedy sought in her grievance is to be reclassified as S.S.O. Atypical, Payband 12, with retroactive pay. Both the Union and the College provided me with briefs in advance of the arbitration hearing which was held on January 11, 2008. (2) The P.D.F. The P.D.F. was not agreed to between the parties and has never been signed off by the Grievor. However, the differences between the parties about the content of the P.D.F. are, in my opinion, minor; the P.D.F.'s submitted by the Union, and by the College, are substantially similar, and do not prevent me from giving an overview of the position, its duties and responsibilities, norfrom deciding the job factors in dispute between the parties. 3 (3) An Overview of the Position Under the direction of Mr. David Smith, Manager, Retail Services, Ms. Chipps- Drummond coordinates the day-to-day operations of four (4) Fanshawe College store operations: the bookstore, a clothing store, a corner store, and a variety store. Fanshawe College also operates a computer store, under the supervision of David Smith, but the computer store is exempt from Ms. Chipps-Drummond's responsibilities. Ms. Chipps-Drummond is a Lead Hand, as defined by the Collective Agreement, and as such is paid the Lead Hand premium. It is the bookstore that is personnel-intensive. As Team Leader Ms. Chipps- Drummond supervises twelve (12)full-time, and nine (9) regular part-time employees. The full-time employees include four (4) buyers, five (5) cashiers/clerks, an accounting clerk, and two (2) employees in shipping and receiving. In addition, she supervises nine (9) regular part-time employees who perform part-time work in the bookstore, corner store, clothing store, and variety store. Finally, she hires (essentially without input from her supervisor, Mr. Smith), supervises, and if necessary, terminates, part-time employees for peak load activity or when the stores are open for longer seasonal hours. The number of these casual part-time employees fluctuate, but may go as high as thirty (30) or forty (40) employees at peak seasons. Ms. Chipps-Drummond agreed that performance of her Lead Hand functions, including staffing, coordinating daily work assignments, establishing priorities for both full- time and regular part-time staff, comprise roughly thirty percent (30%) of her time. 4 She provided me with documents which attest the complexity of scheduling and staffing of regular part-time and casual part-time employees. While there is some predictability to this function, it is also true that staffing needs may change from day-to-day. Employees may not appear for a shift or may get sick, and must then be replaced. Staffing requires consideration of seasonal business fluctuations,vacations, and supervision of the competency of employees on an ongoing basis. Ms. Chipps-Drummond is also instrumental in the preparation of appropriate payroll information and forms for all of the full-time and regular part-time employees, as well as for the casual part-time employees. Another significant part of her duties involves preparation of accounting/financial reports. These reports may relate to inventory, sales figures, statement and invoice production (done primarily through two (2) computerized systems called Booklog and Datatel). In addition she coordinates and maintains student meal plan records, and she has the responsibility for preparing financial records for sponsored students. Sponsored students come to Fanshawe College with a sponsor willing to pay for required texts, and sometimes other things (e.g. residence, tuition fees, etc.) as well. Invoices to the sponsor must be prepared and sent three (3) times a year. Since there are approximately two hundred (200) sponsored students at Fanshawe College, this amounts to about six hundred (600) invoices per year. Ms. Chipps-Drummond is involved in planning and promotion functions, including Faculty Day, an occasion when she invites publishers' representatives to attend the College to display new publications to faculty. She has primary responsibility for bookstore special sales; e.g. graduation related sales and sidewalk sales. 5 The Grievor has primary, indeed almost exclusive, responsibility for training staff; that includes regular and casual part-time staff. She trains the staff on cashiering, customer sales, and College procedures. I consider this a very significant responsibility because the success of the store operation depends, in large measure, on properly trained staff. The Grievor is involved in both long-term and medium-term planning projects. One example related by Ms. Chipps-Drummond, was changing the current point-of-sales system (currently stand-alone) to a system which will allow payment by credit or debit cards. This project has been underway for about two (2) years, and may require another year to complete. It requires working with credit card providers, the Bank of Nova Scotia, Chase Payment Tech, and other companies. Mr. Smith, Manager, Retail Services is also involved in this project, but, having heard the evidence of both, I am satisfied that the Grievor has a major responsibility here. An example of a medium-term project would be store remodelling which occurs from time to time, and must be accomplished under sometimes tight deadlines. Ms. Chipps-Drummond is the front line liaison person for staff at the four(4) College stores. If they have a problem, they come to her. These problems might be technical in nature (e.g. problems with the point-of-sales system) or they might relate to angry customers seeking refunds. Whatever the problem, it can and does land in her lap, and she "troubleshoots" problems both technical and personal. It was clear from the evidence of both Ms. Chipps-Drummond and Mr. Smith that the operational direction and administration of the bookstore was the Grievor's primary responsibility. 6 (4) Job Factors Agreed The parties agreed in their evaluation of the following job factors: 1. Training/Technical Skills Level 6 110 points 2. Judgement Level 6 102 points 3. Physical Demand Level 2 16 points 4. Independent Action Level 5 60 points 5. Communications/Contacts Level 4 124 points 6. Work Environment Level 2 32 points (5) Job Factors In Dispute (1) Experience This factor measures the amount of practical experience in any related work necessary to fulfill the requirements of the position. The College has evaluated this factor Level 4: More than three (3) years and up to five (5) years of practical experience. The Union evaluates this factor Level 5: More than five (5) years and up to eight (8) years of practical experience. Although it is a position, not an incumbent, that I am required to evaluate, I asked the Grievor about her own prior experience. 7 Ms. Chipps-Drummond started in the Fanshawe bookstore in 1977 when it consisted of three (3) portables. She has stayed in this position since 1997, as the bookstore has evolved into the complex, multi-location, retail operation that it is today. Ms. Chipps-Drummond testified that any incumbent would need "a strong business background, and strong accounting background" in order to meet the minimum requirements of the position. She estimated that one would need "at least five years experience in the workforce" to acquire that. Mr. David Smith testified that he considered three (3)years experience would be the minimum requirement; in cross-examination, it was pointed out to him that the College P.D.F. states the minimum requirement as "... five years experience including retail store operation, textbook handling procedure, accounting and purchasing, with some direct College experience. Supervisory and systems analysis experience." Of course, five (5) years is both the dividing point and the common ground between Level 4 (three to five years) and Level 5 (five to eight years) of practical experience. Because of the evolving complexity of the Fanshawe retail operations, and given that the College P.D.F. specifies five (5) years as the minimum requirement, with highly specialized prior experience, I resolve this factor in favour of the Union. The evidence suggests that five (5) to eight (8) years of practical experience would be 8 the minimum required for an incumbent to be able to perform the requirements of the position. Experience - Level 5 (57 points) (2) Complexity This factor measures the amount and nature of analysis, problem-solving, and reasoning required to perform job-related duties. It measures the conceptual demands of the job as characterized by: - analysis and interpretation required for problem and solution definition - creativity - mental challenge - degree of job structure - planning activities - the variety and difficulty of tasks The College has evaluated this factor Level 5: Job duties require the performance of complex and relatively unusual tasks involving specialized processes and/or methods. The Union has evaluated this factor Level 6: Job duties require the investigation and resolution of a variety of unusual conditions involving the adaptation and/or development of specialized processes and methods. 9 1 asked Ms. Chipps-Drummond what was the most complex task she faced on a regular basis. She said that it was the daily scheduling. Also, she described the year-end inventory as "very exacting and complex". However, she acknowledged that these tasks are both predictable and capable of resolution by using established processes and methods. I then asked her what was the most unpredictable complex task she faced. After thinking about this question for some time, she gave an example of someone trying to return a product to the bookstore that the staff considered to have been stolen. She then gave a second example of an occasion when she stayed late to observe someone in the store whose behaviour was suspicious. In both cases, I heard nothing that suggested to me "... the adaptation and/or development of specialized processes and methods". When I asked her specifically about specialized processes or methods, she gave the example of developing a process by which the bookstore could take credit cards over the telephone. In my judgement, that is adequately embraced at Level 5. In his evidence, Mr. Smith confirmed that the most complex aspect of the position was scheduling, and that this function was predictable and, to some extent, routine. Mr. Smith's overall assessment of the position is that it is "operational in nature". It was clear to me from the evidence that Ms. Chipps-Drummond has unrestricted authority over hiring, assignment of duties, and termination of casual part-time employees. I have asked myself whether that factor warrants evaluating Complexity at Level 6. 1 have concluded that it does not. Rather, I have concluded that this 10 function is embraced by the Lead Hand definition (albeit it does stretch the Lead Hand definition to its limits) and is appropriately compensated by the Lead Hand premium. For the above reasons, I have concluded that Complexity is properly evaluated at Level 5. Complexity - Level 5 (74 points) (3) Motor Skills This factor measures the fine (delicate, intricate or precise) motor movements necessary to fulfill the requirements of the position. It considers dexterity, complexity, coordination and speed. The parties are agreed at Level C: Complex fine motor movement, involving considerable dexterity, coordination and precision, is required. Speed is a secondary consideration. They differ on prevalence; the College rates this "Level 1 (less than ten percent (10%) of the time); the Union rates this "Level 2 (ten (10%) to thirty percent (30%) of the time)". The Motor Skills element of the position Team Leader, Retail Services relates to two specific functions: keyboarding (i.e computer) and work on the cash register or point-of-sales system. 11 Both Ms. Chipps-Drummond and Mr. Smith agreed that the amount of time the incumbent would spend exercising such motor skills varies, fluctuating according to the peaks and valleys of workload, governed, to some degree, by seasonal variations. However Ms. Chipps-Drummond estimated it on average at forty (40%) to fifty percent (50%) of her time, and Mr. Smith thought thirty (30%)to forty percent (40%) of her time. So their evidence is agreed that the position supports an evaluation at least at the level proposed by the Union, C2. Motor Skills - Level C2 (22 points) (4) Sensory Demand This factor measures the demand on mental energy while performing tasks. The College has rated this at Level 3 (28 points). The Union rates this Level 4 (39 points). Ms. Chipps-Drummond testified that the aspect of her work which requires greatest concentration is scheduling. As already mentioned, scheduling is both a weekly and a daily operation for her. Mr. Smith agreed that scheduling is critical, that Ms. Chipps-Drummond has to schedule a "busy staff", and that this operation "takes time and coordination". In my judgement, the scheduling function requires considerable demand on mental energy and very frequent careful attention to detail. 12 But it is not just the scheduling aspect of the job which persuades me that the Union's classification (Level 4) is correct. There are also the troubleshooting aspects, and the virtually complete responsibility for the casual part-time employees. Taken together these factors persuade me that the correct evaluation for Sensory Demand is Level 4. Sensory Demand - Level 4 (39 points) (5) Strain from Work Pressures/Demands/Deadlines This factor measures the strain associated with, or caused by, frequency and predictability of deadlines, interruptions, distractions and/or workloads, multiple and/or conflicting demands and/or dealing with people in difficult situations. The College has rated this Level 4: Job duties involve conflicting work pressures and frequent interruptions in workflow. Work situations may be unpredictable with shifts in priorities and occasional critical deadlines. The Union has rated this Level 5: Job duties involve continuous work pressures and unpredictable interruptions in workflow. Numerous conflicting demands and tight deadlines occur frequently. The evidence before me was that little of the Grievor's work is subject to tight deadlines. Rather, the work is subject to predictable deadlines related to given events in the academic year (i.e. start up of each semester, graduation, etc.). s 13 There was little evidence from the Grievor, or from Mr. Smith, of either conflicting demands or tight deadlines. It is true that the Grievor must occasionally deal with irate customers, but that is not, in my opinion, a justification for Level 5. Mr. Smith testified that work under deadlines "might amount to ten (10%) to twenty percent (20%)", but for the most part he testified this is "an 8:30-4:30 position, not a job that involves take-home work, and not a lot of ongoing pressure". This evidence was not challenged by the Union or the Grievor. I am satisfied that the College has correctly evaluated this factor at Level 4. Strain from Work Pressures/ Demands/Deadlines - Level 4 (39 points) (6) Responsibility for Decisions and Actions This factor measures the impact on internal and public relations, the responsibility for information management, equipment, assets and records, and the consequences of decisions and/or actions. The College has rated this Level 4: Decisions and/or actions have considerable impact on the organization. Errors are detected after the fact and may result in considerable interruption and delay in work output and waste or resources. 14 The Union has evaluated this Level 5: Decisions and/or actions have significant impact on the organization. Errors are difficult to detect and result in a significant waste or resources and continuing influence on operational effectiveness. The Grievor testified that the worst mistakes are in scheduling. If she makes a mistake, someone will come in that is not scheduled, and she must then deal with the consequences; or someone does not show up for a shift and then she must get in touch with someone else to fill the position. This is more than adequately embraced at Level 4. 1 asked her about mistakes in calculations or other"paperwork". She said that such mistakes would be picked up either by accounting or in inventory. She then said, and I accept her evidence, "I am more in the business of catching errors than making them". From the evidence of both the Grievor, and Mr. Smith, I am satisfied that Level 4 is an accurate, indeed a generous, evaluation. Responsibility for Decisions and Actions - Level 4 (62 points) 3 15 (6) Core Point Rating Factor Level Points 1. Training/Technical Skills Level 6 110 points 2. Experience Level 5 57 points 3. Complexity Level 5 74 points 4. Judgement Level 6 102 points 5. Motor Skills Level C2 22 points 6. Physical Demand Level 2 16 points 7. Sensory Demand Level 4 39 points 8. Strain from Work Pressures/ Demands/Deadlines Level 4 39 points 9. Independent Action Level 5 60 points 10. Communications/Contacts Level 4 124 points 11. Responsibility for Decisions and Actions Level 4 62 points 12. Work Environment Level 2 32 points Total 737 points Payband 11 ' 9 16 (7) Decision The Grievor's position is correctly evaluated at 737 points, Payband 11 . Accordingly, there is no movement in Payband, and the grievance request for reclassification as S.S.O. Atypical, Payband 12 is dismissed. I have attached a completed Arbitration Data Sheet. Dated at the City of St. Thomas thisoYf4day of 4A'Ui11V(� 2008. CAGE o essor Ian A. Hunter C r itrator 4 College: Fanshawe Incumbent: Nancy Chipps-Drummond Supervisor: Mr. David Smith Present Classification: Support Service Officer C and Present Payband: 11 Job Family & Payband Requested by Grievor: S.S.O. Atypical Payband: 12 AWARD FACTORS Management Union Arbitrator Level Points Level Points Level Points 1 . Training/Technical Skills 6 110 6 110 6 110 2. Experience 4 45 5 57 5 57 3. Complexity 5 74 6 90 5 74 4. Judgement 6 102 6 102 6 102 5. Motor Skills C1 19 C2 22 C2 22 6. Physical Demand 2 16 2 16 2 16 7. Sensory Demand 3 28 4 39 4 39 8. Strain from Work Pressures/ Demands/Deadlines 4 39 5 50 4 39 9. Independent Action 5 60 5 60 5 60 10. Communications/Contacts 4 124 4 124 4 124 11 . Responsibility for Decisions and Actions 4 62 5 80 4 62 12. Work Environment 2 32 2 32 2 32 PAYBAN D/TOTAL POINTS 11 711 12 782 11 737 JOB CLASSIFICATION S.S.O. C S.S.O. Atypical S.S.O. C (Ar itrator's Signature) (Date of He ing) (Date of Awar