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Home My WebLink AboutBoamah Group 20-12-18IN THE MATTER OF A GROUP CLASSIFICATION ARBITRATION BETWEEN: ONTARIO PUBLIC SERVICE EMPLOYEES UNION, LOCAL 563 (the Union) AND HUMBER COLLEGE (the College) RE: GROUP CLASSIFICATION GRIEVANCE – REGISTRATION AND RECORDS SPECIALIST (2019-0563-0010 – BOAMAH GROUP) For Union: Fredy Meija, President – OPSEU Local 563 Michael Mazzocca, Shannon Methurs, Mark Molle, Kwame Boamah – grievors For College: Nadine Zacks, Legal Counsel Parampeet Ubhi, Manager Curriculum and Student Records Clay MacDougall, Deputy Registrar Alyssa Abraham, HR Business Partner Sole Arbitrator: Norm Jesin Hearing Held: December 8, 2020 AWARD: The grievors are incumbents in the position of Registration and Records Specialist. The College has rated the position at Payband E. The Union seeks a re -evaluation of the position to Payband F. (In its brief the Union sought a re-evaluation to Payband G. However, at the hearing the Union conceded that if it was fully successful with regard to all the f actors in dispute, the resulting increase in points would result in a re-evaluation to Payband F. Therefore at the hearing, the Union confirmed that it was indeed seeking an evaluation at Payband F). The contents of the PDF have been agreed to. According to the summary of the position description as set out in the PDF, the primary role of the position is “focused on providing expert advice and assistance regarding Registration, Student Records, Enrolment Management and Academic History related questions and topics for domestic and international students while providing general knowledge assistance of the other areas as required.” The incumbents provide clerical support for student records from record keeping to graduation. They are responsible for the maintenance of proper and accurate records. In addition, they respond to enquiries from program coordinators, faculty and students regarding records and any changes that may be appropriate. They provide information regarding program requirements and maintain required record changes. According to the College, they do not provide directions or advice regarding course or record changes. They provide information and maintain records based on decisions made by others. The Union maintains that the incumbents provide more of an advisory role. Given the extent and complexity of knowledge required, the provision of requested information consists of an advisory role as to what course changes must be taken on a student’s record to ensure the completion of academic goals. There are four factors in despite – Guiding and Advising, Independence of Action, Service Delivery, and Physical Effort. I will deal with each in turn: Guiding and Advising: The College has assigned a Level 2 rating for this factor and the Union seeks a rating of Level 3. According to the Job Evaluation Manual, an incumbent in Level 2 will “Guide others so they can complete specific tasks” whereas in level 3 they will “Advise others to enable them to perform their day to day Activities.” In the Manual the definition of “guide” is “demonstrates correct processes/procedures of assisting others with skill development and/or task completion.” The definition of “Advise” is “has the authority to recommend or provide knowledgeable direction regarding a decision or course of action”. I accept that in this position, the incumbents do not make decisions in response to enquiries. Rather, through their knowledge of systems and program requirements they provide information upon which others may make decisions. It may be that it the grievors may be called upon to provide “knowledgeable direction” with regard to some courses of action I find that overall the guiding and/or advise that they provide is with respect t o specific tasks and not to enable others to “perform their day to day activities”. In my view the rating of level 2 assigned by the College for this factor is correct. Independence of Action The College has assigned a Level 2 rating for this factor and the Union seeks a Level 3 rating. This factor measures the level of independence or autonomy in the position. According to the notes to Rater in the Manual the difference between level 2 and 3 is described as follows: Level 2 – duties are completed based upon pre-determined steps. Guidelines are available to assist, when needed. The position only has the autonomy to decide the order or sequence that tasks or duties should be performed. Level 3 – specific results or objectives that must be accomplished are pre- determined by others. The position has the ability to select the process(es) to achieve the end result, usually with the assistance of general guidelines. The position has the authority to make decisions within these parameters. I accept that although the incumbents may provide information and even direction to assist as to a course of action, the incumbents to not make decisions regarding a course of action. Rather they act on decisions made by others within a structured set of guidelines . As a result I find the assignment of a Level 2 rating for this category is correct. Service Delivery The College has assigned a rating of Level 1 for this factor. According to the Manual, level 1 describes “position duties [which] follow specific procedures. In its brief the Union sought a Level 3 rating, although at the hearing the Union further sought a level 2 rating. Decisions made in this classification are typically made by selecting between defined options.” Level 3 describes position duties that “are completed according to general processes. Decisions are made following general guidelines to determine how tasks should be completed.” Given the conclusion that I have accepted that the incumbents do not make decisions, but rather act on decisions made by others I agree with the College that a Level 3 rating is not appropriate for this position. However, that does not mean that I accept that the rating of Level 1 is correct. The Notice to Raters describes Level 1 and 2 as follows: Level 1 – service delivery is typically providing answers to customers’ questions. There may be times when the incumbent will need to refer the customer to another source for the answer or the incumbent may need to consult with others to provide the appropriate answer. Level 2 – service is provided by determining which option would best suit the needs of the customer. The incumbent must know all of the options available and be able to explain them to the customer. The incumbent selects or recommends the best option based on the customer’s need. There is no, or limited ability for the incumbent to change options. For example, positions working in the Financial Aid area would need to fully understand the various student loan programs that are available and based on a student’s unique situation select or recommend the program that would best address the student’s situation. The incumbent doesn’t have the ability to change funding programs, which are established by an external agency. The parties have established that at times the incumben ts will respond to work order requests by providing information to provide guidance regarding the impact of certain record changes and whether those changes would be consistent with the graduation or other academic program goals desired. The incumbents certainly does not select options but they may provide recommendations based on their knowledge as to which options might be available in order to achieve the desired result. In light of the foregoing, I am prepared to find that Level 2 is an appropriate rating in this case. Physical Effort The College has rated the position at Level 1. The Union seeks a Level 2 rating. The request is based on the requirement of the incumbents to move boxes and other materials during the taking of inventory and also during five days during convocations. Level 1 describes pushing or pulling or lifting items less than 5 kg. The College has asserted that the materials to be moved all weigh less than 5 kg., and furthermore, that if heavier items are to be moved, that if the Manager is informed, she would ensure that someone other than the incumbents would be directed to move heavier items. In these circumstances, I agree with the College that a rating of Level 1 is the correct rating for this factor. Summary and Conclusion In this case I have found in favour of the Union for the factor of Service Delivery. I have found for the College for the factors of Guiding and Advising, Independence of Action and Physical Effort. The re-evaluation I am directing, however, is not sufficient to alter the payband that has been assigned. The payband for this position will therefore remain at P ayband E. Dated at Toronto, this 18th day of December, 2020. ______________________ Norm Jesin ARBITRATION DATA SHEET College: _ Humber Incumbent: Supervisor: Current Payband: Payband Requested by Grievor: 1. Concerning the attached Position Description Form:  The parties agreed on the contest  The Union disagrees with the contest and the specific details are attached. 2. The attached Written Submission is from:  The Union  The College 3 35 3 35 3 35 1 3 1 3 1 3 3 39 3 39 3 39 3 78 3 78 3 78 2 32 2 32 2 32 2 17 3 29 3 17 2 46 3 78 2 46 1 7 2 29 2 29 3 78 3 78 3 78 1 5 1 5 2 6 1 5 1 5 1 5 1 5 1 7 3 9 1 7 3 9 1 7 3 9 (a)352 9 418 9 374 9 361 427 383 ( a ) E E E Arbitrator Signatures: z December 8, 2020 December 18, 2020 (Date of Hearing) (Date of Award)