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HomeMy WebLinkAboutOwca 19-11-04IN 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") -and - GRIEVANCE OF DENISE OWCA OPSEU File No.2018-0416-0014 (hereinafter called the "Grievor"or the "Incumbent") IIl:1III]: REPRESENTING THE COLLEGE Richard H.McLaren,C.Arb. Marcus Christian,Classification Specialist Manon Levesque,Assistant Director Facilities Operation Management & Engineering Sciences Connie Powers,Manager Employee Abilities and Wellness REPRESENTING THE UNION:Cinds Chapman,Union Steward Denise Owca,Grievor A HEARING IN RELATION TO THIS MATTER WAS HELD AT OTTAWA,ONTARIO ON 23 OCTOBER 2019. AWARD Denise Owca (the "Grievor"or the "Incumbent")is employed in a position referred to as the "Facilities Management Move Coordinator"at Algonquin College (the "College"). The parties disagree with the point scoring allocated to the position in the Position Description Form (the "PDF").This disagreement centers upon seven Factors contained in the Support Staff Job Evaluation Manual (the "Manual").A discussion of each of these Factors follows below. 2.The Union's challenge was the result of a claim that the position being evaluated was outdated.This was a result of the Grievor having changed locations twice in two years which was more frequently than the person to whom she reports.Therefore,in the submission of the Union the pointing needed to be a better fit with the work and services actually being performed now by the Incumbent. 3.The College evaluated the position and rated it at 575 points,placing the position within Payband H.Despite the Grievance Forms as filed,the Grievor and the Ontario Public Service Employees Union (the "Union")submit that the position ought to be evaluated at 709 points,placing it at the higherrated Payband K. The Duties of the Position 4.The position of the Facilities Management Move Coordinator is a key position in the Facilities Management Department.The Incumbent receives work orders through the College system primarily;but,also through phone calls and emails.The role includes prioritizing between different duties including scheduling,budgeting and resourcing to effectively complete office renovations and furniture procurement on a timely and cost- efficient basis that comply with College standards.The Incumbent's duties also involve classroom reconfigurations and other teaching related movements of furniture and layouts of the end result.There are usually two or three large projects each year.The current 2 ones are:(i)Community Studies moving into one location from various locations;and (ii) Business moving four or five offices with 30 new stations. 5.Then,from time to time,there are maj or external to campus events or other maj or events involving the Incumbent.Recent examples being the setup of the convocation ceremonies at the Shaw Centre in downtown Ottawa;and,the refurbishment of the President's office space. Factors in Dispute 6.There are seven Factors in dispute in this proceeding:Factor #1 B -Education;Factor #3 -Analysis and Problem Solving;Factor #4 -Planning/Coordinating;Factor #5 - Guiding/Advising;Factor #7 -Service Delivery;Factor #8 -Communication and Factor #10 -Audio/Visual Effort.At the Hearing the representative of the Grievor advised that the dispute concerning Factor #6 -(Independence of Action)had been withdrawn.Each of the above noted Factors is dealt with under separate headings below. Factor #1B -Education:Ratin:Col1ee Level 1 /Union Level 2 This factor looks at both the level offormal education required as well as the needfor additional education that is not normally obtained within or is beyond the scope of the primary educational level. B.In order to perform the responsibilities of the position,is there a requirement for specific course(s),certification,qualification,formal training or accreditation in addition to and not part of the education level noted above in JA.Include only requirements that would typically be included in the job posting/PDF as a mandatory requirement. 7.At the Hearing the Union supported its claim by asserting that a PMP ought to be required to do the Job.The Grievor has been doing this job for 17 years.There is no job posting that sets out a mandatory requirement and the PDF is silent on the point.The Grievor testified that she has taken a couple of courses but on the whole has not found it necessary to have additional courses or qualifications to do the job. 3 (1)Findings 8.The Education Factor is divided into two parts.Part A involves determining the minimal level of formal education.Part B is directed at supplementary requirements to perform the responsibilities of the position such as the requirement of specific courses or certification,qualifications;formal training;or accreditation.The Union has not established that a Project Management Professional ("PMP")qualification is necessary.I note that neither the PDF nor the Grievor's own actions in taking courses,according to her testimony,suggest an additional qualification is required.Therefore,I find that the Union has not established it's assertion that an additional requirement is necessary as a minimum requirement to do the job.Therefore,the College rating of Level 1 is confirmed. Factor #3 -Analysis &Problem Solving:Ratings:College Level 3 /Union Level 4 This factor measures the level of complexity involved in analyzing situations,information or problems of varying levels of dfficully;and in developing options,solutions or other actions. (i)The Union 9.The Union submitted that the Incumbent's position is neither straight forward,nor simple.There are many levels to navigate to achieve a successful project.At the Hearing it was said that every project is different and requires a different analysis and different information and sometimes the Incumbent has to fish information out of people. There are short notice requests to be resolved and unforeseen delays,like delays in furniture procurement or installations that affect schedules.The Incumbent must assess and make recommendations which are efficient and cost effective to get a project back on track with the minimum of delay. (ii)The College 10.The situations provided in the PDF reflect circumstances where the problem or analysis is readily identifiable.Information is gathered when necessary and solutions implemented based upon the College's procedures and policies.It was submitted at the Hearing that all the circumstances do not rise to the Level 4 criteria. (iii)Findings 11.The distinguishing feature between Level 3 and Level 4 is whether the problems are identifiable or not readily identifiable.Both levels permit the necessity to make further inquiries in order to define the problem with those inquiries being more investigative or research based at Level 4.The Union submissions do not provide sufficient examples of problems that are not readily identifiable.Therefore,the Union has not established the basis for a higher rating at Level 4.For all of these reasons the Factor is not adjusted in this award. Factor #4 -P1annin&Coordinatin:Ratinus:Colleue 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. (i)The Union 12.It was submitted that the Incumbent coordinates with clients and prioritizes the daily work schedule with contractors,noting that the schedule changes daily to ensure deadlines are met and imperatives (such as not interfering in class room and student learning)are taken account of in the plan to be implemented.The Incumbent procures cost estimates from suppliers and pre -qualified contractors known as Vendors of Record, and then establishes a budget and schedule for client approval.On occasion the Incumbent meets with off-site Events Managers or Architects to assist with selection of furnishings that meet College standards.On this basis it was said at the Hearing that Level 4 is more reflective of the work of the position. (ii)The College 13.It was submitted that the Grievor coordinates with clients of specific departments to plan and execute their requests regarding moves,changes in furniture or painting an area. Following clarification of the specific need the Grievor provides instructions to service providers to execute the requested changes.The College submitted the Grievor does not 5 have full responsibility for maj or projects as she works with a Project Manager or Events Manager to complete the specific task required.The position does manage regular and recurring requests for modifications or moves but is not responsible for multiple department wide projects. (iii)Findings 14.On any given day the Incumbent is planning or coordinating 5 to 6 projects.The majority of the projects are relatively small involving aspects of specific department's needs.The Incumbent then oversees the execution of the moving of furniture configuration and layout and painting and decorating.However,the job also entails work in larger projects the details of which requires integration of activities and co-ordination at a more complex level and involves other employees.These projects can impact the priorities or activities of those employees.This type of project means that the Incumbent is within the requirements of Level 4.What,in my mind,tips the scales in favor of the Union having established its case is the fact that from time to time there are very large projects which bring all the foregoing skills of management into more intensive focus. Therefore,I find that the Union has established their case that this Factor is inappropriately rated.I determine that the rating ought to be at Level 4 for this Factor. Factor #5 -Guiding /Advising:Ratins:College Level 3 /Union Level 4 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 actions directly help others in the performance of their work or skill development. (i)The Union 15.It was submitted by the Union on behalf of the Incumbent that she is involved in projects from the beginning to end and is expected to share and communicate project information and updates throughout a project's lifecycle.At the Hearing it was discovered that she no longer guides or advises student workers.However,in terms of others who are not directly involved in her day to day activates the contractors,who have changed frequently in the past,do require guidance and direction in the execution of their aspects of various parts of a particular project.She explains physical aspects of the project and contact persons in the College related to the project. (ii)The College 16.The College submitted the Grievor has no responsibility to supervise others or to "actively contribute to their ongoing skill development".She may offer expertise to assist and advise others in completing their tasks but is not responsible for how those advised complete their tasks. (iii)Findings 17.There is no doubt that the Grievor is a subject matter expert.In that capacity she does advise all who are in contact with her in carrying out a project.She has an ongoing role in the progress of the project but no ongoing involvement in an individual's progress. For this reason,the Factor is not established as being at a Level 4.There is to be no change in the Factor. Factor #7 -Service Delivery:Ratings:College Level 2 +Occasional 3 /Union Level 3 The 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. The level of service looks at more than ...what customers want and supplying it efficiently.It considers how the request for service is received (i.e.,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 andfulfIll the service requirement. 18.The difference between the College and the Union on the rating of this Factor is the frequency of the performance of the Incumbent at Level 3.The present rating reflects that on occasion the Incumbent works at a Level 3.The Union asserted that the frequency is enough to justify a full rating at Level 3. (i)Findings 19.I find that there is sufficient frequency to justify the full rating at Level 3.The work on the office of the President;the convocation setup and layout at the Shaw Centre and the 7 larger projects all involve there being a reasonably continuous series of activities of refurbishing and renovating which require action as described at Level 3 of the Manual. Therefore,I conclude that the request of the Union has been established that the rating ought to be a full Level 3. Factor #8 -Communication:Ratings:College Level 3 /Union Level 4 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 (z)Findings 20.I find that service is provided based upon the client's ability to accommodate changes or suggestions by the Incumbent.Under the Guiding and Advising Factor,I found that the Incumbent advises all those who are in contact with her.Under this Factor,the Incumbent,in carrying out her communications function,does need to gain the co- operation of others;however,the co-operation she needs does not rise to the level required under Level 4 of this Factor.What she does is point out information based upon College policies and procedures along with technical information of the work to be done to facilitate the planning and execution of the project.Most of the constraints to performance of the project are mandatory such as not interfering with the teaching/learning activity or doing noisy work during academic hours of instruction.It is recognition of the constraints superimposed on the project not the client's co-operation by way of agreement with the Incumbent.Therefore,I find that the Union has not established a case for any adjustment to the rating of this Factor. Factor #10 -Audio/Visual Effort:Ratings:College Level 2 (FM)/Union Level 2(FI) 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 ofshort,repetitious tasks requiring audio/visual focus -periods where task priorities and deadlines change and additional focus and effort is required to achieve the modfIed deadline b)activities over which the position has little or no control that make focus dfJIcult.This includes the requirement to swtich attention between types of tasks and sensory input (e.g.Multi-tasking where each task requires concentration). (i)Findings 21.The difference between the Union and the College is not at the Level rating,which both agree ought to be a Level 2.Rather,the difference is whether it is Focus Maintained as the College submitted or Focus Interrupted as submitted by the Union.The Grievor has had her work location moved several times recently.It seems as though there is no logical home for her work location.It was at one point in the mechanics area and has now changed.While she performs her work in part throughout the College,where she does the balance of her work is in an open space office where there is no receptionist and her desk is near the entrance.When working there she is constantly interrupted by students and others making inquiries of her that have nothing to do with her job.The College in its submissions conceded that her area is heavily trafficked and is a disruptive environment.I find that the Union has established that the Factor ought to be at Level 2 Focus Interrupted. CONCLUSION 22.The change in point scoring as a result of this Award adds 55 points to the total.That makes the total 630 points which places the position within Payband I on the Schedule in the Manual.As a result,the Grievor is to have her pay adjusted from the date of the grievance,being February 22,2018.The College is to make the retroactive pay adjustment within two full pay cycles from the date of this Award. 23.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. 9 24.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. 25.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 4th DAY OF NOVEMBER 2019. Richard H.McLaren Arbitrator 10 SEFPQ puiiqe 'PSEU Employees Union Syndcat des emp1oyós deJa SUPPORT STAFF CLASSIFICATION DATA SHEET -LOCAL 416 Employee Denise Supervisor _____________________________________ Current Payband _______ Payband Requested _______ Steward FACTOR UNION MANAGEMENT ARBiTRATOR Reg/Recuning Occasional RegfRecurring Occasional ____ Occasional Level Points Level Points Level Points Level Points Level Points Level Points ____________________________ 1A.Education 14 .4 i ________ / ____ 3 ____ _______________ 2.Experience __________ 614 ____-___ _ii _________________ ____ _________ __ __ __ __ 3 __ 5 __ 'f __ So ___ 3 ____ 3 ____ __________ ________________________________ __ _______ ____ L_4.t ____-__ ___________________ 3 _______ h 3 _______ I _______ _________________ __ 9 Physical Effort (B c4 2± __________ 11 Working Environment ________ 38 ____ Subtotals b)(a)5p _____ (b) _________ (a) _____ (b) TotalPoints(a+b)5 5 (,2O Resulting Payb7d.1 _________________ ____________________ H ____________________ Arbitrator _____________________________________ DateofArbitration October 23,2019 icbd H.,McLen.Date of Awad:Novther 4,2019