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HomeMy WebLinkAboutJoly 20-09-16IN 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 LINDA JOLY OPSEU File No.2016-0416-0024 (hereinafter called the "Grievor"or the "Incumbent") REPRESENTING THE UNION: Richard H.McLaren,C.Arb. Christine Kelsey,President OPSEU 416 Linda Joly,Grievor Jason Countryman,Union Steward REPRESENTING THE COLLEGE:Brianna Sutton,Labour Relations Specialist Marcus Christian,H.R.Classification Specialist Andre Villeneuve,Food Services Manager Helen Ens,H.R.Labour Relations Specialist A HEARING IN RELATION TO THIS MATTER WAS HELD AT OTTAWA,ONTARIO ON 11 SEPTEMBER 2020. 1 AWARD Linda Joly has been a full-time employee for over 23 years at Algonquin College (the "College").Her present position with the College is a Food Seryice Worker,the duties of which are described in the Position Description Form (the "PDF").The parties agree on its content. 2.Linda Joly (hereafter the "Grievor"or the "Incumbent")disagreed with the classification of her position on the ground that it did not adequately reflect her current duties and was improperly classified at Payband C with the point scoring using the Support Staff Job Evaluation Manual (the "Manual").The grievance was filed on 19 December 2016.She claims that she is improperly classified and should be classified at Payband E. 3.The PDF was reviewed by the College Joint Evaluation Committee (the "CJEC")on 3 November 2017.During the grievance procedure some changes were made that resulted in the points rating rising to 263;but the pay band remained unchanged at Level C.The case was subsequently referred to arbitration. 4.The College evaluated her position and rated it at 263 points,resulting in the position being within Payband C.The Grievor and the Ontario Public Service Employees Union (the "Union")submit that the position ought to be evaluated at 385 points,placing it at the higher-rated Payband E.A discussion of each of the Factors giving rise to the dispute is set out below. The Duties of the Position 5.The Incumbent is responsible for friendly,efficient service following all Tim Horton's and Algonquin College Food Services operating standards,policies,and procedures.She is to ensure proper handling of food and currency within the particular location by following all safety and other standards in the workplace.The Grievor is responsible for the ordering,receiving of orders,product rotation,inventory count,merchandising in 2 conjunction with the manager.The Incumbent is responsible for opening of the location while ensuring exceptional customer service. Factors in Dispute 6.There are five Factors in dispute in this proceeding:Factor #3 -Analysis &Problem Solving;Factor #4 -Planning/Coordinating;Factor #5 -Guiding/Advising;Factor #6 - Independence of Action;Factor #7 -Service Delivery.Each of these Factors are dealt with under separate headings below. Factor #3 -Analysis &Problem Solving:Ratings:College Level 1 /Union Level 2 This factor measures the level of complexity involved in analyzing situations,information or problems of varying levels of djjIcully;and in developing options,solutions or other actions. (z)The Union It was submitted that the problems are easily identified but the Incumbent has to do more than normal past practice to resolve the problems.The Grievor is an experienced worker. She works with part-time student workers and less experienced co-workers at a particular location within the College.The part-time workers generally cannot assist in problem resolution,so the burden is upon the Grievor to find a way to solve problems such as:the ice cap or French vanilla machines leaking or not working.The other compounding problem in preforming the work is the breakdown of the cash machine or the Television screens which display the orders.For these reasons it is submitted that the more appropriate fit of the PDF is at the second level for this Factor. (ii)The College It is submitted that the Incumbent follows detailed instructions,checklists and step-by- step procedures contained in work plans displayed in the work area in carrying out her duties.The items to be served to customers are pre-packaged and made in accordance with recipes that must be strictly followed without deviation.Failure to follow the detailed instructions could lead to cross contamination and could lead to failing to meet franchised standards which could be revealed by the auditing process. 3 (iii)Findings There is a manager on campus throughout the hours of operation.That manger has to supervise 3 different locations.So,of necessity she is only at the Grievor's place of work between 25 and 30 per cent of the time.Even when the manager is present,it is the Grievor who applies the tried methods to resolve the cash machine or other failures of equipment.While these problems create operational difficulties,they do not change the fact that the Grievor can only deal with limited selection of alternatives based on what has happened on prior occasions.After the application of that experience the manager needs to be contacted.For these reasons I find that the Union has not convinced me that Factor#3 is improperly rated at Level 1.Therefore,I find no basis to alter the rating. Factor #4 -Planning/Coordinating:Ratings:College Level 1 /Union Level 2 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. (iv)The Union It is submitted that the Grievor does the food ordering for her location.That involves examining levels of food and product off-site of the location and in lockers and freezers. Ordering is done twice a week on fixed days in compliance with the delivery process provided by Tim Hortons.A failure to do the ordering on time results in a missed order. When food is delivered,the receiving and storing are the responsibility of the Incumbent. The time to execute the ordering on the assigned days must be picked by the Grievor so as to minimise the impact on a very busy Tim Horton's location.In addition,what justifies the Level 2 rating is the fact that other tasks like taking temperatures for food safety and determining when other workers take breaks are in the initial discretion of the Incumbent albeit that the scheduled breaks are ordinarily set by the manager. (v)The College 4 They submit that the Incumbent is following set procedures and guidelines in the execution of tasks.Work is performed on the basis of instructions form management. On -site guides and charts at various locations around the work site assist in guiding the work.Scheduling of work is also done by the manager not the Incumbent. (vi)Findings The definition for the Level 1 rating in the Manual states that planning/coordinating skills "are not normally required".While some of the work is planned by the manager such as the work schedule including breaks,the Incumbent is still required to plan the food ordering and its receipt.These are assigned activities that are required to be performed within established deadlines or procedures.All of these activities are defined in Level 2 which are excluded from the description in Level 1.Furthermore,preparing and replenishing product has to be planned and accomplished on set days during the least busy hours at a location that is always busy.When assessing the ordering needs and carrying out the ordering,a high level of service needs to be maintained.The on-site workers also do have some latitude in changing break times of staff depending upon the level of activities at the time of the scheduled break.While the manager did set the schedule and will receive a report or a request to alter the schedule from the Incumbent, there is some latitude to plan the timing. For these reasons I conclude that this Factor has not been properly evaluated.The Union has established by its evidence that this Factor ought to be at Level 2 and I so find. Factor #5 -Guiding I Advising:Ratings:College Level 2 /Union Level 3 This factor refers to any assigned responsibility to guide or advise others (e.g.other employees, students,clients)in the area of the position 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 in the early morning hours of the shift,the Incumbent is the only full- time support person in the front of the house so to speak.This means that responsibility 5 falls upon her to ensure compliance with the manuals and procedures.If unsafe food practises such as cross contamination of utensils occurs,then the Incumbent must show the teammate how to correct the mistake and decide if what has been done must be discarded and thrown out.This monitoring must also occur with the use of the cash points.In this regard the Tim Horton's and the College's cash operations are not identical and her location uses the College system. (ii)The College This employee demonstrates,as do other employees,to new staff be the part-time students or new full-time employees how specific functions and processes are to be carried out.These demonstrations are in accordance with Tim Horton's and Algonquin College's detailed manuals and procedures. (iii)Findings The difference between the parties here is that the Union submits that the Incumbent "Advises",whereas the College submits that she "Guides"others.To decide whether the facts fit one or the other Level depends upon the use of the Definitions in the Manual. All the Definitions and their application in the various Levels are directed at the person who is assigned responsibility.On that basis the assigned responsibility is that of the manager who assigns new employees to be paired for job shadowing and demonstration purposes.The tasks of the position are demonstrated to new staff with reference to the guides and instructions of Tim Horton's and their online training portal.On occasion there is some advising of new employees by the Incumbent particularly as it relates to monitoring all staff to ensure health and safety standards and quality product delivery to the customer.However,I do not find it is at such a level as to frequently occur and be regular and recurring.Therefore,I do not find that the Union has established that the position is improperly rated at Level 2 where the Incumbent guides others. Factor #6 -Independence of Action:Ratings:College Level 1/Union Level 2 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, 6 someone else,such as the supervisor;the rules,procedures,past practice and guidelines that are available to provide guidance and direction.These considerations,when taken as a whole,will define the parameters and constraints of the position within which the incumbent is free to act. (1)The Union It is submitted that the Incumbent must move workers from station to station at the location to ensure smooth operation.This can be a challenge when the location is short staffed for whatever reason.The workflow depends upon the level of demand from customers.At times,it may be necessary for the Incumbent to advise a worker to stay beyond the end of his/her shift due to the absence of the replacement worker.The Incumbent has to make decisions when she is unable to reach the manager by mobile phone call. (ii)The College The College agrees that the PDF was modified to include the above point of delaying the end of the shift for a worker.Nevertheless,the manager must either before or after the worker has stayed beyond the end of the shift authorise any additional payment. (iii)Findings I find that as the Notes to Raters indicate while a supervisor is not always present,this does not automatically indicate a higher level of independence.The PDF reflects the point that the Incumbent has the flexibility to extend a team member's shift provided the manager is contacted or followed up with.Thus,the point raised by the Union does not really change the Level of independence as the Notes to Raters indicates.The decisions of the Incumbent are made as described in Level 1 "...by selecting between defined options". Factor #7 -Service Delivery:Ratings:College Level 1 /Union Level 2 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. 7 (i)The Union The Incumbent does what is required to make sure the customer is happy or satisfied with the level of service and quality of the product supplied.If it will achieve such results, then giving away free product is an option at the discretion of the Incumbent.It is submitted that this satisfies the Level 2 requirement of selecting an option that best suits the needs of the customer.Furthermore,the Incumbent prepares lists of items for that evening shift in order to be ready for the next morning.This can be very important when there are major College events scheduled for the following day.This sort of activity is submitted to be selecting the best method of delivering services as required by Level 2. (ii)The College The Incumbent receives routine requests from customers and provides appropriate responses.Such actions fit within Level 1.In doing so the worker may agree with a customer complaint and provide some acknowledgement by giving a free donut or other item to placate the customer.Beyond this sort of activity,exceptions are refened to the manager.All routine service delivery is outlined in the detailed procedures from Tim Horton as well as the College. (iii)Findings The evidence provided by the Union does not reach the level of satisfiing me that the Incumbent's work meets the requirements of Level 2.Therefore,an adjustment of the applicable Factor is not justified in this regard. CONCLUSION 7.I have found that one Factor,namely Factor#4,is not properly rated.The change in point scoring as a result of this Award adds 24 points to the total.The result is an increase in the points from the pre -arbitration position of 263 to 287 points.That point score will in accordance with the Manual raise the pay band to D from its current rating of C.As a result,the Grievor is to have her pay adjusted from the date of the grievance,being 19 December 2016.The College is to make the retroactive pay adjustment within two full pay cycles from the date of this Award r] rb] 8.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.I will remain seized of this matter with jurisdiction to complete the remedy in this Award for a period of 60 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. 10.If no written request is received within the above stipulated time frame,I will no longer retain jurisdiction over the implementation of the remedy arising from this Award. DATED AT LONDON,ONTARIO THIS 16 DAY OF SEPTEMBER 2020. Richard H.McLaren Arbitrator 9 Arbitration Data Sheet Support Staff Classification Algonquin CollegeCollege: Current Payband C Incumbent:Linda Joly Supervisor Helena Payband Requested by Grievor:E 1.Concerning the attached Position Description Form: ®The parties agreed on the contents 0 The Union dtsagrees with the contents and the specific details are attached. 2.The attached Written Submission is from:®The Union 0 The College Factor Management Union I Arbitrator Regularf Recurring Occasional Regularf Recurring Occasional Regular/Recurring Occasional Level Points Level Points Level Poln Level Points Level Points Level PoInts 1A Education 1 9 _____________1 9 lB.Education 1 3 ____________ 1 3 2.Experience 2 24 2 24 ). 3.Analysis and Problem Solving 1 14 2 46 I _______________ 4.Planning/coordinating 1 8 2 32 ..3- 5.Guiding/Advising Others 2 17 3 29 ______ 1 6.Independence of Action 1 14 2 46 I I 't 7.Service Delivery 1 7 2 29 1 7 ______ 8.Communication 2 46 - 2 46 . 9.Physical Effort 3 47 3 47 _____ 3 1Th ____ 10.Audio/Visual Effort 1 5 ____I 5 _____ /5 ____ 11.Working Environment 3 69 3 69 _____ Subtotals (a)263 (b)0 (a)385 (b)0 (a)8 (b)0 Total Points (a)+(b)263 385 Resulting Payband ________________________ _________________________ _________________________ S.natures (:i¯/ Lr(Grievor) 1/ oD (Date)(College Repre n ye)(D e) ,,c31A0 ?0 nb Re es t i )7'Date) ¯9,-t -oc (Arbitrators ignature)(Date of i-tearing)(Date of Award) k