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anything about the College's proprietary Student Records System. I am not persuaded on the evidence that the PDF is inaccurate in its provision of one year as a minimum experiential requirement or that the combination of one year education and one-year experience would be insufficient preparation for a new hire. This is because the information before me does not establish that a person having successfully completed a year of related education and a year in an office position would not likely have sufficient skills to learn the job. Nonetheless, I accept without hesitation that anyone beginning in the job, especially from outside the College, would have a significant learning curve given all the information specific to the College with which the job deals and a greater amount of experience would be an asset. b. The Rating For this factor, too, the rating flows from the wording in the PDF, and accordingly the College's rating for this factor is confirmed. iii. Planning/Coordinating 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. a. PDF Wording As noted above, the union wishes to insert wording regarding planning to the duties and responsibilities section of the PDF. Similar wording is also proposed as part of the addition of a second occasional example to the section of the PDF dedicated to this factor. The College opposes the additions, maintaining that the clerk participates in carrying out plans, but does not make them. Generally, the evidence supported that submission, such that I am not persuaded that the PDF is inaccurate in this respect. For instance, the union described the use of an Event Planner, the department's planning calendar, which the clerk is responsible to follow up on, advising others of events. However, the evidence did not indicate that the incumbent is responsible to organize events herself, rather than carrying out plans made by others. In the section of the PDF dedicated to this factor, the union wishes to add "College policies", and the "Freedom of Information Act" to the section of the PDF asking for the types of resources required to complete the task of preparing monthly billing information for WSIB sponsored students. Although it is true that College policies and the Freedom of Information Act generally 5 apply, I do not find the information currently in the PDF to be inaccurate when it does not include this information in this section, as the resources which are included appear more specifically related to this particular function. b. The Rating The College has attributed points at Level 1 with occasional points at Level 2 while the union seeks Level 2 as regular and recurring. The Manual describes the two levels as follows: 1. Planning/coordinating skills are not normally required. Work is planned by others or determined by procedures. Deadlines are standardized. 2. Plan/coordinate activities and resources to complete own work and achieve overlapping deadlines. The following portion of the Notes to Raters for this factor is also relevant to this dispute: 3. To clarify the differences between levels 2, 3 and 4: Level 2 - the position plans and prioritizes its own activities. Planning and coordinating are typically focused on completion of assigned activities within established deadlines or procedures (e.g. scheduling, coordination of data for reports, setting-up of new software in a department to meet specific business needs). The position may coordinate or make arrangements for an event by coordinating the calendars of others. The union notes that the incumbent is simultaneously responsible to plan the daily workload requirement of providing front-line service with the daily responsibilities to process the internal and external mail, courier shipments as well as replacing the switchboard operator for rest periods and lunch breaks. In the absence of other staff in the department she has to do backup as well. In the union's view this qualifies as Level 2, as it involves planning and coordinating various activities utilizing multiple resources to complete the incumbent's own work and to achieve the numerous overlapping deadlines associated with the position. As well, the union argues that the incumbent is responsible to assist coordinators and staff as an integral part of the position, and that the incumbent's ability to meet her own deadlines enables other staff to meet theirs. The College maintained that some meaning had to be given to Level one, where work is determined by procedures or plans made by others, which it submits is an accurate description of the usual level of work of the incumbent. If routine time management, such as juggling duties during peak periods, takes a job out of Level 1 , it will become irrelevant, in the employer's view. The College argues that the tasks associated with the position predominantly follow established processes and the position does not involve any significant planning or coordinating of activities or resources. 6 It is clear from the submissions of the parties, that there are elements of both Levels 1 and 2 in the job, a fact which has been recognized to the extent of the attribution of points for occasional functions at Level 2. The remaining question is whether that is the best fit, or whether the Level 2 functions are properly considered regular and recurring. Although it is true, as the Union submitted, that there are many deadlines involved in the information that the incumbent deals with, most of the deadlines appear to be quite standardized, a feature of Level 1 , rather than Level 2, and many of them are deadlines for others to meet, such as registration or withdrawal dates. However, there are also less standard, "self-determined", deadlines mentioned in the PDF, such as ordering mailroom supplies, which depends on inventory levels, planning mail-outs, which are primarily determined by departmental needs and schedules, and allocating monthly charges for Canada Post and Purolator. The union underlines that time frames can be very demanding for the incumbent's work, for example during the peak period prior to the September intake when there is a high volume of mail-outs to do at the same time as increased inquiries by phone and at the front desk. There is coordination of data for reporting to the WSIB for sponsored students, and to student services concerning changes to students' insurance coverage, something mentioned in Level 2's Note to Raters, but the evidence was not persuasive that this occurs on a more than occasional basis. The Manual's directions about the term occasional indicate that it refers to significant responsibilities that occur sporadically throughout the year, which appears an accurate description of the coordination of data for these reporting functions. However, on balance, it is my view that "occasional" does not adequately reflect the incumbent's responsibility to prioritize the various assigned activities described in the evidence, which the College relies on as an integral part of the job, an indication that "regular and recurring" is a better fit. Although the College referred to this as routine time management, the Notes to Raters indicate that Level 2 is the appropriate level where the position plans and prioritizes its own activities, and it further elaborates that Level 2 planning and coordinating functions are typically focused on completion of assigned activities within established deadlines or procedures. It is clear from the material and discussion before me that it would take a considerable amount of coordination and organization to prioritize the incumbent's diverse activities, for example, controlling the timely flow of the mail and couriered packages, at the same time as fielding an unpredictable quantity of inquiries from the public, students and staff, collecting fees, setting payment agreements, ensuring correct completion of documents, preparing letters to sponsors and inputting data onto the SRS. Although it is clear that others plan and coordinate events and generate the materials handled by the incumbent, there was no suggestion that someone else 7 coordinates these assigned activities for the incumbent. Rather, in the portion of the PDF devoted to Independence of Action which responds to the question concerning the type of decisions decided by the incumbent, it provides that "Job duties are planned according to demand, changing priorities, deadlines and reporting requirements", and that "the incumbent must be able to ensure that staff respect deadlines/timelines." Although I accept that each of these functions is based on an established procedure, I am persuaded that the coordination necessary to making it all work together in a timely fashion is not adequately captured by Level 1 's leading phrase: "Planning/coordinating skills are not normally required". I appreciate the necessity to give Level 1 meaning, and the fact that proactive planning is not a salient feature of this job. Nonetheless, all things considered, I find that the coordination and organizational skills involved in integrating the activities necessary to complete all the position's assigned tasks within the established deadlines correspond better to the Manual's description of Level 2, regular and recurring. In the result, the rating for the factor Planning and Coordination should be raised to Level 2. iv. Communication a. PDF Wording The union wishes to add additional examples in the section of the PDF reserved for examples relating to this factor. These are intended to clarify the need for the incumbent to explain to students the impact of the information she is communicating. The College did not agree that the proposed additions were accurately characterized as explanation and interpretation, although they did not dispute that the incumbent would be involved in communicating much of the information detailed, such as program fees and deadlines. However, the College stressed that the current availability of courses is something that should be referred to the Admissions office, which is a separate department at the College. In terms of the wording of the PDF, this is another area in which I am not persuaded that what is in the PDF is inaccurate, but I have considered the additional details as submissions in respect of the dispute over the rating. b. The Rating The College has rated this factor at Level 1 , with occasional functions at Level 2 while the union seeks Level 2, with occasional tasks at Level 3. The three factor descriptions read as follows: 1. Communication involves the exchange of routine information using courtesy and active listening. 2. Communication involves the exchange of information that requires explanation and/or interpretation. 8 3. Communication involves explaining and/or interpreting information to secure understanding. May involve communicating technical information and advice. Mandatory definitions include the following: Routine - uncomplicated, straightforward such as a task/procedure performed in an unvarying manner. Explain - provide details or examples to help others better understand the information. Interpret - explain or tell the meaning of; translates; convey the meaning of something. The Manual also provides the following relevant Notes to Raters: To clarify the differences between levels 2 and 3: "Explain" and "interpretation" in level 2 refers to the fact that it is information or data which needs to be explained or clarified. The position exchanges basic technical or administrative information as the normal course of the job and may be required to deal with minor conflicts or complaints. This level may also include exchanges that are of a more complex technical nature, where all the parties to the communication are technically competent. That is, for those people the communication is relatively basic as they share a vocabulary and understanding of the concepts. "Explain" and "interpretation" in level 3 refers to the need to explain matters by interpreting policy or theory in such a way that it is fully understood by others. The position must consider the communication level/skill of the audience and be sensitive to their abilities and/or limitations. At this level, if the exchange is of a technical nature, then usually the audience is not fully conversant or knowledgeable about the subject matter. Unlike communicating with people who share an understanding of the concepts, in this situation the material has to be presented using words or examples that make the information understandable for non-experts or people who are not familiar with the intricacies of the information. The union stresses that the incumbent deals with a great variety of information including the fee structure, many forms and policies, all of which requires an up-to-date understanding, and ability to communicate effectively to the many different groups of people requiring the information. It is the union's position that explanation, interpretation and gaining understanding is a major part of the position not adequately recognized with the Level 1 rating. The incumbent assists students by interpreting information regarding their schedules and making suggestions to review with advisors or the coordinator when changes should be considered, in the union's submission. The union notes that great frustration would be caused if students did not appreciate the impact of the information and the incumbent did not make sure that they understood the implications of what they had just been told. For example, the incumbent regularly explains and sets fee agreements with the students for which it is essential that the student understand what costs are being covered by a sponsor, for instance, and what they are responsible for themselves. Setting the 9 details of the plan often requires a lengthy discussion with the student. Further, certain groups of students are not automatically covered by health insurance, and they have to opt in, something which the incumbent must notice and explain to the student. Additionally, the incumbent is responsible to train new staff, for which it is essential that understanding is gained, in the union's submission. The union stresses that the incumbent is the one person who is able to train on the variances in the SRS system because of the many purposes for which the position uses the system that other people are not required to do. Due to a high turnover recently, she has been called on quite often as the "go to person" as well. Much of the information communicated is technical information, in the union's view, which is reflected in Level 3, rather than either Level 1 or 2. The incumbent is also responsible to explain new forms, policies and deadlines, such as for withdrawals from courses, to coordinators, faculty and staff. By contrast, the College is of the view that the communication required of the position is mainly the transfer of straightforward information with an occasional need to ensure understanding, a function at a higher level, which has already been recognized. The College submitted that the variety of documents and subject matters does not change the level of communication, which is fairly routine, such as whether or not a student is registered, or whether a fee is paid. Situated in the front hall, the position fields many inquiries which require information such as, "Here is the form"; "This is how you get a parking permit", "You have to take this to the coordinator" or, "The form is not complete". Counsel stresses that the position is a clerical one, not an advisory position. The College submits that the purpose of the incumbent's communication is more helping people take some immediate action than developing understanding itself, such that Level 3 is not a good fit in the employer's view. Although counsel acknowledged that the SRS system is technical, he stresses that whether the occasional higher level is Level 2 or Level 3, the Manual gives the same number of points for the occasional level; it is not awarded twice. As to training, the College stresses that there are a number of other people besides the incumbent who train new staff on the SRS, which only occurs once or twice a year, such that she is not required to do it very frequently. As to showing Office Administration students how to use the mailroom, this involves walking them through and showing them where to put mail, find supplies and other routine information, which is adequately covered by the Level 2 occasional rating, in the employer's view. The central dispute here is whether the Level 2 functions are regular and recurring or only occasional, for which points have already been attributed. There are certainly many exchanges required of the incumbent that are adequately captured at Level 1, those of the routine variety such as uncomplicated directions as to where to take a form. However, the Note to Rater concerning Level 2 makes it clear that it is intended to cover the exchange of basic technical or 10 administrative information as the normal course of the job. This appears a very comfortable fit for the kind of information exchanged on a daily basis about how to set up a fee payment schedule, the options for health insurance coverage, including deadlines for opting out, or the process involved in withdrawing from courses or the College, and the details of consequences of missed deadlines or change of status, such as that no locker or health plan are included for part-time students. I consider these well described as basic administrative information, as to how the plans and processes are handled at the College. Further, it is a good fit with the Manual's definition of "explain", which includes providing details to help others better understand the information, which clarifies the term "explanation" in the Level 2 factor description. The College submitted at one point that although "explanation may happen", it was not an assigned responsibility that the incumbent explain information as to forms, for instance. As well, the PDF section devoted to explaining and interpreting only lists, as an infrequent function, orienting Office Administration students. Nonetheless, it is hard to imagine how the incumbent could perform her duties without providing details, part of the mandatory definition of "explain", to the people she is communicating with. This is particularly clear for communication concerning subjects such as options for the student health plan and fee payment agreements, or delivering the information that she cannot accept fees from a student who did not formally accept an offer from the College, for example, all completely dependent on providing details. Even probing to ascertain the real intention of the person inquiring, something the PDF requires of the incumbent in order to deliver the appropriate service or properly direct the person, will often require an exchange of details. The mandatory definition of "routine", a term from Level 1 , makes that level less of a good fit because of its description of the tasks and procedures involved as "performed in an unvarying manner". While this may be adequate for interactions such as directing people to a specific office, or informing students whether they are registered or not, it is not a sufficient description of central functions of the job such as setting fee payment plans, corresponding with sponsors or dealing with the intricacies of the SRS system, functions which will require variation according to the circumstances. The Manual makes clear that where a function is integral to the job and is regularly relied on as these functions are, it should be recognized as regular and recurring rather than occasional. Accordingly, the basic rating should be raised to Level 2. The union asserted that the technical information which the incumbent shares as to how to use the SRS is only covered in Level 3, and that mailroom and courier functions are now on-line as well, requiring the communication of technical information to other staff when being oriented. As well, the PDF lists, in the section calling for examples of "imparting technical information and advice", the communication of error messages from the postal software program to technical staff at Canada Post. Further, the College acknowledged in argument that the SRS is technical, and 11 that there is occasionally a necessity to communicate to obtain understanding. This all supports a finding of occasional functions at Level 3, described as involving communication to secure understanding, and the possibility of communicating technical information and advice. Thus, the rating for the Communication factor should be raised to Level 2, Occasional 3. * * * To summarize, the College's rating for the factors Education and Experience is confirmed, while the rating for the factor Planning/Coordinating should be raised to Level 2 and the rating for Communication to Level 2, with occasional Level 3. This brings the point rating to 303, which falls within Payband D. In the result, the grievance is allowed to the extent of the raised rating for the factors of Planning/Coordinating and Communication, which changes the Payband to D. The arbitration data sheet reflecting this is attached to this decision. I will remain seized to deal with any issues of implementation of this award which the parties are unable to resolve themselves. Dated at Toronto this 12th day of November, 2009. ~~&W~H Kathleen G. O'Neil, Single Arbitrator 12 ..~ I ... ....~>. -.., .. I _ ' ~~.. ~-.... . "I .... I , . Z_ I .. t- o:..:i ..... -..;. . .~ l' .,. ,.I. . - L . ro..- . .. :. - ., - .. l .:':".:J !E I .... .-1J1 I . i: I . .-- - . . . r . "" .. "I ~ III .. . . -. ~~ -