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HomeMy WebLinkAboutDanis 19-02-04IN 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") GRIEVANCE of BRENDA DANIS OPSEU File No. 2017-0109-0013 (hereinafter the "Grievor or the Incumbent") ARBITRATOR: REPRESENTING THE COLLEGE: REPRESENTING THE UNION: Richard H. McLaren, C.Arb. Julie McQuire, Employee Relations Consultant Doug Calder, Manager, Maintenance Services and Utilities Laura Holmes, Human Resources Specialist Ron Kelly — Second Vice President Dana Copeland — Treasurer Local 109 Brenda Danis — Grievor A HEARING IN RELATION TO THIS MATTER WAS HELD AT LONDON, ONTARIO ON 29 JANUARY 2019. 1 AWARD Background Fanshawe College (the"College") has 13 campuses with the main campus located in the City of London. Facilities Management and Community Safety consist of five areas reporting to the Chief Infrastructure Officer. One of those areas is Facilities Operations and Sustainability and the Maintenance Services and Utilities is a department within that area. The manager of the department has individuals reporting from Skilled Trades; Facilities Maintenance Technicians ("FMTs"); Contract Services and the Maintenance Coordinator. Overall the Maintenance Services and Utilities department is responsible for the effective management of the College's maintenance operations and systems that include architectural, the building envelope, electrical, mechanical and structural, and utilities operations for all of the College properties. The Grievance Brenda Danis, (the "Grievor" or "Incumbent") is employed by the College as a Maintenance Coordinator for Fanshawe College's thirteen campuses. She works under the direction of the manager Douglas Calder. The position is responsible for coordination of work orders that drive service request activity related to the mechanical and building trade functions. of the College, including architectural, electrical, plumbing, HVAC and general maintenance of the buildings. The College and the Union were not entirely in agreement with respect to the Position Description Form ("PDF"). The PDF has been amended four times. The Grievor signed the last revised PDF on 25 October 2018. The Grievor remains of the opinion that some tasks or duties which she performs are not addressed adequately in the PDF or the descriptions are unsatisfactory. There is a continuing disagreement on the point scoring for the position as reflected in the revised PDF. There are seven (7) factors under the Job Evaluation Manual (the "Manual") in dispute. 2 The College evaluated the position and rated it at 411 points, placing the position within Payband F. The Grievor and the Union submit that the position ought to be evaluated at 623 points placing it in the higher rated Payband I. As a result of several meetings held with the Grievor a revised PDF was presented and executed on 25 October 2018. While certain changes were made to the PDF the rating did not change. The Grievor seeks to have her position reclassified to a higher Payband. Following this decision, should there be any change in the Payband (including benefits, seniority and bumping rights); the same will be retroactive to 13 October 2017, being the date of the Grievance, despite the Grievor's request that any retroactive payment commence 1 February 2017. The Position and Duties The Maintenance Coordinator is responsible for the effective management of all mechanical and building trade functions of the College, keeping disruption to campus operations at a minimum. Maintenance Services and Utilities is a department under Facilities Operations and Sustainability. The scope of the position ranges from receipt of the work order, assigning work to the trades required; follow up on progress of work to charging back to various departments for labour and parts. Forty percent of the duties of the position is to dispatch maintenance work to the maintenance team. Work requests arrive by email and phone and are sometimes initiated by the Incumbent. The Coordinator reviews the work orders and prioritizes same based on urgency. It was submitted the Incumbent is responsible for seventeen trades' people (plumbers, electricians, HVAC, locksmiths, architectural and general maintenance technicians) who work both day and afternoon shifts. The Incumbent is expected to ensure the College meets all technical and electrical safety standards and codes for all of its properties. It was submitted that Ms. Danis conducts meetings with internal staff and external contractors on changes to preventative maintenance (updating and amending system asset lists and instruction sets) and also trains any new staff on the work order system, outlook, phone, P -cards, time sheets and the training module process. The Incumbent coordinates maintenance projects up to $15,000. The Union submitted that it is the Incumbent who hires contractors when necessary. Contractors are selected from a pre -established list. The hiring process 3 begins with investigation and determination of what needs to be done, obtaining quotes and leads to following the job to completion, similar to the work conducted by a Project Coordinator. Factors in Dispute Each of the seven factors in dispute is dealt with below under separate headings. 3. Analysis and Problem Solving: Ratings: College Level 3/Union Level 4 + Occasional 5 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. Findings The College and the Union are apart by one Level. The essential difference between Level 3 and Level 4 is the degree to which problems that need to be dealt with can be identified. Level 3 involves working on identifiable problems whereas Level 4 involves working on problems that are not readily identifiable. Both levels provide for further inquiry, which at Level 4 may include investigation and research. Work orders coming into the Incumbent need to be assessed as to what is required, which is not always described. Once the issue to be addressed is understood then the next step is to assign a skilled trade if required to do the work. The Problem Solving is twofold: what is the problem (which is not always manifested); and who should deal with it by being assigned by the Incumbent. Such circumstances are identifiable problems. Some of that work requires inquiries and from time to time investigations to determine the scope of the problem and thus who should be assigned to do the work. Not all of these inquiries are merely collecting more information but are of a nature better described in Level 4 as requiring further investigation or research. On the solution aspect of the Factor the difference between Level 3 and Level 4 is collecting information is Level 3, and interpreting a range of information using 11 established techniques, knowledge or principles are at Level 4. I find the Incumbent is good at finding solutions and has extensive knowledge of departmental and college policies, as well as government regulations and other standards that must be considered. All of that range of information is relevant in many of the activities of the position. Therefore, I find that the Union has established that the work of the position ought to be at Level 4. It is ordered that the point score be adjusted accordingly. There are times when the situations are complex and multifaceted as the examples in the Union brief indicate, particularly in the Tim Horton hot water issue and the flagpole replacement in St. Thomas. The Incumbent found solutions to those problems and in doing so was working at the Level 5. The non-compliant pressure valve required visits to various mechanical rooms and recording a lot of different information and then to rectify the issue the Incumbent created a log inspection book/binder for each mechanical room, coordinated a meeting with all the plumbers, created work orders on the valve replacement and then purchased the appropriate valves. This sort of work is at Level 5 and does justify the Union rating of an Occasional 5. For all of the foregoing reasons I find that the position ought to be rated at Level 4 regular and recurring and an Occasional Level 5. 4. Planning/Coordinating: Ratings: College Level 3, Union Level 4 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. Findings Work orders are generated by multiple sources such as college staff or departments, the 24/7 Control Centre and from time to time by the Incumbent for preventative maintenance and other work requests that are received by phone or email. The planning aspect of the work involves the Incumbent coordinating activities and assigning the work orders depending on the nature of the problem to 5 the skilled trades (e.g. toilet overflow to plumber; or ceiling tile to the FMTs; or heating/cooling issues to HVAC). There are occasions when the Incumbent in making these assignments does have to integrate resources for multifaceted events, projects or activities involving other employees. Those situations are at Level 4 in the Manual. Examples of where the higher level occurred include the new countertops at the St. Thomas campus and the new loading Dock Leveler at the Y Building. In addition, as urgent situations come up the Incumbent may have to take a skilled trade off a job and assign them elsewhere to deal with urgent situations. Once again I find that this is functioning at Level 4 as described in the Manual. For all of the foregoing reasons I find that the Union has established that the rating ought to be at Level 4 and it is directed that the point scoring be adjusted accordingly. 5. Guiding/Advising Others: Ratings: College Level 2, Union Level 3 +04 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. Findings The assignment of skilled trades and HVAC personnel involves advising them as to the work orders to be done and is not responsible for how those advised subsequently complete their tasks. Therefore, it is only the advising of the FMTs that might be at Level 4. However, even with those employees the involvement seems to be generally of an advisory level. The Incumbent does not train or teach in a class room sense and the work with FMTs is better described as exposing the individuals to the tools like the computer and demonstrating how it is to be used or what resources are available through it. Therefore, I conclude that the Union has not established that the rating is inappropriate. No change in the scoring is to be made. C 6. Independence of Action: Ratings: College Level 2 / Union Level 3 + 04 This factor measures the level of independence or autonomy in the position. The following elements should be considered: - the types of decisions that the position makes; what aspects of the tasks are decided by the position on its own or what is decided by, or in consultation with, someone else, such as the supervisor; the rules, procedures, past practice and guidelines that are available to provide guidance and direction. Findings A large portion of the work of the Incumbent is completed according to established procedures. She prioritizes the work orders dealing first with emergency or urgent work and ones that may result in health and safety concerns and/or damage machinery or property of the College. Where required the Incumbent works closely with the manager on some assignments. The Incumbent usually follows general college and department guidelines and ensures that government regulations are met when dealing with the assignments. What is being done is making sure that the right person is put in the correct place. Such activity is squarely within Level 2 of the Factor as described in the Manual. It is rare for the Incumbent to take up the tasks she merely assigns them, but has on occasion added value or enhanced the work to improve the environment or make the situation more decorative. However, that does not occur frequently enough to apply the higher rating. For all of the foregoing reasons it is found that the Union has not established the grounds to rate the Factor at Level 3. There is to be no change in the rating for this Factor. 7. Service Delivery: Ratings: College Level 2 / Union Level 3 + 04 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. 7 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. Findings The Incumbent provided the example of the customised clothing order project as a means of demonstrating the "tailoring" aspect of the Level 4. Also referenced were special event days such as the Career Fair where communication is required in marketing and other departments of the College. While this has all been done and is in the PDF it is not at the core of the job. What is fundamental is providing service according to specification by selecting the best method of delivering service. That is the primary activity of the job and is squarely within the Level 2. Therefore, I find the Union has not established a higher rating Level. There is to be no change in the rating of this Factor. 8. Communication: Ratings: College Level 2 / Union Level 3 + 04 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 Findings The Incumbent has many places of communication like the FMT shop, her office, work sites and other locations from time to time. In having those discussions she needs to know in the case of FMT employees their limitations and they need more directions. I find however that the communications are essentially at Level 2, being the exchange of information which the Incumbent shares and giving directions. The Incumbent does do training with new hires but that is also within Level 2 for the information being exchanged enables better understanding and she is demonstrating the use of computers and other information. That is also Level 2. The Union submitted that the Occasional Factor ought to be used in this ranking. The Grievor has developed and continues to develop booklets to inform FMT employees and impart knowledge they need to know. This written information is at a higher Level of communication and justifies an Occasional Level 3. For all of the above reasons I find that the Union has not established the work being performed on a regular and recurring basis as being at Level 3. However, they have established there are times when the work is at the higher Level. Therefore, they met their burden to add to the College rating an Occasional 3. The core rating remains at Level 2 as established by the JEC. However, the rating is to be adjusted to reflect an Occasional 3 point score. 11. Working Environment: Ratings: Colleize Level 1 + 02, Union Level 2 This factor looks at the environment in which work is performed and the extent to which there exists undesirable or hazardous elements. Findings The JEC has rated the job as if it were essentially an office job. There is definitely that aspect to it. The Incumbent is frequently in the FMT shop and in her office. However, she is taken out of that environment to do investigations, to meet contractors to discuss on site requirements. Those meetings take place in a wide variety of locations. The College rating reflects this latter point by awarding an Occasional 2 where working conditions will be more difficult. The Union has not satisfied me that there is a justification for the regular and recurring Level to be a 2. Therefore, the rating will remain unchanged as is provided on the Arbitration Data Sheet. E CONCLUSION Following a thorough review and subject to the foregoing reasons, I find that the Union has been successful in establishing that three of the seven Factors require adjustment. Based on all of the above adjustments, the total points assigned for the position is to be 485. That point score places the position in Payband G on the Schedule in the Manual. As a result, the Grievor is to have her pay adjusted from the date of the grievance up until the present. The retroactive payment under this Award is to be paid by the College no later than two pay cycles after the date herein. It is ordered that the College alter the PDF ratings in accordance with this Award. In so doing the Grievor is entitled to retroactive pay from the 13th of October 2017 to the date of payment in accordance with this Award. The College is given two pay periods from the date of this Award to make the retroactive payment to the Grievor. In the event that the parties have a disagreement as to the remedies provided by this Award they can request in writing that the Arbitrator re -open the hearing to make a final determination of what is owed to the Grievor. The Arbitrator reserves the right to make the Grievor whole and determine the amounts to be paid to the Grievor for the next 60 days after which he will no longer have any jurisdiction to re -open the hearing and determine the monies owed to the Grievor. DATED at London, Ontario this 4th day of February 2019. IfichWd ft.fMcLaren, 6.Arb. Arbitrator 10 Arbitration Data Sheet Support Staff Classification %� �� aG z College Incumbent:�1_S_-supervisor+ Current Payband• Payband Requested by Grievor:` .% I . 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:. o The Union The Coilege . Sagnatutes: nevor) . .� _ (Date) ' (Date) (D epf Hearing) (College Representative) (Date) L qT (bate of Award)