HomeMy WebLinkAboutAttard 20-10-02IN 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 Veronica Attard
OPSEU File No.2016-0416-0023
(hereinafter called the "Grievor"or the "Incumbent")
ARBITRATOR:
REPRESENTING THE UNION:
Richard H.McLaren,C.Arb.
Christine Kelsey,President OPSEU 416
Veronica Attard,Grievor
REPRESENTING THE COLLEGE Brianna Sutton,Labour Relations
Specialist
Marcus Christian,H.R.Classification
Specialist
Andre Villeneuve,Sr.Operations
Manager,Food Services
Helen Ens,H.R.Labour Relations
Specialist
A HEARING IN RELATION TO THIS MATTER WAS HELD AT OTTAWA,ONTARIO
ON 24 SEPTEMBER 2020.
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AWARD
1.Veronica Attard has been employed in a full-time capacity for almost 12 years as a Food
Service Worker at Algonquin College (the "College").She works in a franchise location
(Booster Juice).The duties of which are described in the Position Description Form (the
"PDF").The parties agree on its content but not on its points scoring.
2.Veronica Attard (hereafter the "Grievor"or the "Incumbent")disagreed with the
classification of her position on the ground that it was improperly classified at Payband C
with the point scoring using the Support Staff Job Evaluation Manual (the "Manual").
The grievance was filed on 17 November 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").
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 efficient customer service at the Booster Juice kiosk
including all required food preparation and beverage duties.In so doing,she must follow
all Booster Juice operating standards and Algonquin College Food Services operating
standards,policies and procedures.She ensures proper handling of food and beverage
preparation and cleaning of working and client areas,as well as machine cleaning and
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maintenance.The Grievor is also responsible for the ordering,receiving of orders,stock
rotation,inventory count and merchandising in conjunction with the manager.
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 dfficulty;and in developing options,solutions or other actions.
(i)The Union
It is agreed by the Union that the work performed is structured with specific ways to
complete the tasks of the position.Where there is disagreement with the rating it focuses
upon the customers food restriction requests and equipment malfunctions.The
Incumbent has to engage in more than normal past practice to resolve the problems.The
Grievor is the only person on site at the kiosk who can deal with these issues because the
rest of the work force is either part-time student workers or one experienced co-worker
on the opposite shift.An example of the Incumbent working above the Level 1 can be
found in the resolution of juicer problems.The past practices of trouble-shooting the
blades and press mechanism did not solve the malfunctions.It turned out that the
problems were with the product of apples supplied that caused the breakdowns.Thus,the
Incumbent had resolved the problem after normal past practice analysis did not solve it.
The Grievor continues now to monitor the machine and the apple supply to ensure less
malfunctions.The other compounding problems in performing the work is the
breakdown of the Cash Pin Pad and dealing with customer food restriction requests
which do not always fit within the information available to the Incumbent.She then
relies on her experience and past practices to respond to customer queries where she can.
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For these reasons it is submitted that the more appropriate fit of the PDF is at the Level 2
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.The problem
solving and customer food restrictions in respect of smoothies are within structured
resolution and if not must be resolved with the input of the manager and thus the
Incumbent is working at Level 1.
(iii)Findings
I find that most of the problem -solving tasks can be found in the instruction manuals
from the College and Booster Juice.The Union emphasizes that when dealing with
problems with the juicer in particular the Grievor was functioning at a level beyond that
of Level 1.While the identification of the problem only occurred after a lot of limited
selection of alternatives had been exhausted;once it was known that the product was
causing the malfunctions;then the traditional limited alternatives grew by one,i.e.
carefully monitoring the quality of the product being used.The manager worked with the
Grievor in solving the product quality as being the source of the malfunctions.While
there is reliance on the Grievor to solve the problems,they do not exceed for the most
part following the limited selection of alternatives which is a Level 1 activity.For all of
the foregoing reasons I find that the Union has not established that Factor #3 is
improperly rated at Level 1.
Factor #4 -Plannin&Coordinatjng:Ratings:College Level 1 I 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.
(i)The Union
It is submitted that the Grievor is responsible for ensuring enough food is prepped for the
opening and efficient operation of the business.She plans the prep for the day,checking
fridges and freezers and may need to place food orders for things that are missing or
running low.She also does the food ordering for her location.That involves examining
levels of food and product and restocking levels of food in the lockers and freezers.She
uses her own knowledge of daily,weekly and seasonal supply/demand trends to calculate
proper ordering.She must be aware of Booster Juice promotions and has to determine
the time of release of the order,the quantity for the week and if the order meets the
minimum purchase requirements.When food is delivered,the receiving and storing are
the responsibility of the Incumbent.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.
(ii)The College
The College submits that the Incumbent is following set procedures and guidelines in the
execution of tasks.Work is performed on the basis of instructions from 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.
(iii)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.These activities require both planning and
prioritizing the Incumbents activities which is working at a Level 2 and are excluded
from the description in Level 1.Furthermore,preparing and replenishing product has to
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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.While the manager does 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 of breaks.
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 'c 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.
('2 The Union
The Union submits the Grievor is responsible for training,monitoring,correcting and
retraining staff at this location.The Grievor demonstrates correct food preparation,
proper portion control in recipes and techniques to avoid cross contamination.The
Incumbent must also make sure she and other staff are monitoring correct food
temperatures.When part-time staff make errors or omissions the Incumbent shows them
how to correct the problem and confirm the staff understand the issue and then follows up
to ensure it is being done correctly on an ongoing basis.The same guidance and
monitoring need to be provided at the cash register work ensuring correct change to the
customer.Many of the part-time staff are not familiar with Canadian currency which can
lead to mistakes.The Grievor is the only employee on her shift with the necessary public
health food certificate.After formal inspections the Grievor has to carry out corrections
or improve situations and communicate the problems to other staff.
(ii)The College
This employee demonstrates to new team members how specific functions and processes
are to be carried out in accordance with Booster Juice 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
Build Guides and general "Crew Binder".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 and the role she
has because of the Food Health and Safety Certificate.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,
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.
(i)The Union
It is submitted that the Incumbent works unsupervised to determine the volume of stock
to be prepped and when to do it.She decides which task the team member does
depending upon the volume of customers and the skills of the team member.It is her
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decision as to when product is ordered from Booster Juice.The ordering process can,in
limited circumstances,require shopping around to obtain best prices or suitable product.
The Incumbent has to make decisions when she is unable to reach the manager by mobile
phone call.
(ii)The College
The College submits the Incumbent follows detailed guidelines in carrying out her duties.
Any deviations in the order or sequence of tasks may result in inaccurate food
preparation,cross contamination of food items and loss of franchise agreement if it is
found the location is not following appropriate procedures.Any modification of the
approved operations of the location must not only pass through a manager but also be
approved by the brand.
(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.There is an independence
of action on the part of the Grievor when it comes to determining stock volume and when
to order or prep food and restock ingredients for the smoothies.There are detailed
guidelines to cany out the functions of determining levels of food and the need to order
product.However,when the Incumbent shops around for the best prices and also needs
to monitor the quality of the product because some poor qualities can cause malfunctions
of the juicer,the Grievor is working in a fashion that there is enough established by the
Union to satisfy me that she is functioning independently at a Level 2.For all of the
foregoing reasons I find that the position ought to be rated at the higher Level with the
equivalent adjustment in the points of 32.
Factor #7 -Service Delivery:Ratings:College Level 1 I 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.
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(i)The Union
The Incumbent tailors her work to the needs and services of the Booster Juice customers
to ensure satisfaction with the level of service and quality of the product supplied.It is
submitted that the College is treated like a customer and the Incumbent determines where
to purchase items to maximize quality and minimize costs where there is a possible
supply choice.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.The aspects of service delivery are outlined in detailed procedures from
Booster Juice and the College.The Incumbent is coached to work within the scope and
guidelines provided.Such actions fit within Level 1.
(iii)Findings
The Union has developed a cleaver argument by suggesting that the College is a customer
and the Incumbent is providing services to it that justify a Level 2 rating.The flaw is that
what she is doing even if you consider the College is a customer is the actual routine
work of the position.It does not change the Level of service delivery.The evidence
provided by the Union does not reach the level of satisfying 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 Factors #4 and 6 are established as being not properly rated.
8.The change in point scoring as a result of this Award adds 56 points to the total.The
result is an increase in the points from the pre -arbitration position of 263 to 319 points.
That point score will in accordance with the Manual raise the Payband 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 17 November 2016.The College is to make the retroactive pay
adjustment within two full pay cycles from the date of this Award.
9.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.
10.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.
11.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 2nd DAY OF OCTOBER 2020.
Richard H.McLaren
Arbitrator
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Arbitration Data Sheet -Support Staff Classification
college:Algonquin College
CCurrentPayband......
Incumbent:Veronica Attard Supervisor_Evan de March
Payband Requested by Grievor:E
1.Concerning the attached Position Description Form:
®The parties agreed on the contents Q The Union disagrees with the contents and the
specific details are attached.
2.The attached Written Submission is from:®The Union 0 The College
Factor Management Union Arbitrator
RegularJ Recurring Occasional Regular/Recurring Occasional Regular/Recurring Occastonal
Level Points Level PoinL Level Points Level Points Level Points Level Points
1A.Education 1 9 t 9 t'c
lB.Education 1 3 1 3
_____________
3
______
2.Experience 2 24 2 24 _$..-4
_______
3.Anas and Problem 1 14 2 46 1 I L.f
_____
4.Planning/Coordinating 1 8 2 32
____________
a-.
______
5.Guiding/Advising Others 2 17 3 29
______
___________
6.Independence of Action 1 14 2 46
_____
3
______
_____
7.Service Delivery 1 7 2 29
______I 1
__________
8.Communication 2 46
-
2 46 .2.+'
____
9.Physical Effort 3 47 3 47 3 (4:J
____
10.Audio/Visual Effort 1 5 1 5
____
I ~
____
11.Working Environment 3 69
__-
3 69
-
3 9
___________
Subtotals (a)263 (b)0 (a)385 (b)0 (a)(b)0
Total Points (a)+(b)263 385 '3
Resulting Payband
________________________
________________________
0
Signatures:
geReresttive
222
_______________________________________________
/__________________________________________________________________________
(Grievor)(Date)sate)
(Un)1'rfepresentative)Qte)
_________
a
______________
rblt1haJré)''Date of Hearing)
pc__i
(Date of Award)
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