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HomeMy WebLinkAboutAlrawdah 22-10-19IN THE MATTER OF AN ARBITRATION BETWEEN: ONTARIO PUBLIC SERVICE EMPLOYEES UNION, LOCAL 596 -AND- TORONTO METROPOLITAL UNIVERSITY JOB EVALUATION GRIEVANCE RE THE ACADEMIC SUCCESS AND PROMOTIONS COORDINATOR POSITION Arbitrator: Laura Trachuk For Ontario Public Service Employees Union, Local 596: James Craig Kella Loschiavo Zena Alrawdah For Toronto Metropolitan University: David S. Alli Fiona Yeudall Stephanie McConnell The hearing of this matter took place be videoconference on October 7, 2022. 2 AWARD The Ontario Public Service Employees Union, Local 596 (the “Union”) has filed a grievance on behalf of Zena Alrawdah, the incumbent in the position of Academic Success and Promotions Coordinator which is within the School of Nutrition in the Faculty of Community Services. The matter was referred to arbitration under Article 33.10 of the collective agreement, the “Expedited Classification Arbitration” procedure. The Grievor’s position used to be called Promotions/Outreach Coordinator and was in Point Band 14. It is somewhat unclear in the materials who initiated the review of the position but it appears that the Grievor ultimately supported it. In any case, the job evaluation process outlined in the collective agreement was implemented and the Employer determined that the position that the Grievor holds should be renamed “Academic Success and Promotions Coordinator” and that the subfactor ratings would place it in Point Band 12. That was communicated to the Grievor on April 13, 2021. The Grievor disputed that result and the Union filed a grievance on her behalf. The Employer argues that the University has evolved and expanded which has resulted in changes to the Grievor’s role over time. It maintains that the focus of the role has changed from promotions and outreach to academic support. The Union argues that the Employer has not established that there have been sufficient changes to the Grievor’s position to warrant a reduction in her Point/Pay band. It submits that such a reduction is improper, unjust and inequitable and that the position should be returned to the Pay Band 14. The Job Summary for the Promotions/Outreach Coordinator position was as follows: Co-ordinates and executes school-based presentations (internal and external to Ryerson) and outreach activities; develops, implements and evaluates a 5-year marketing plan and produces a variety of promotional materials to build a profile of the School of Nutrition within target markets; initiates activities that attract and retain individuals to the program in support of the School’s Academic Plan. Coordinates program communications, including development and maintenance of the School of Nutrition web site content. Provides academic counselling and support to students in the program, and coordinates the responses to program inquiries. The Job Summary for the Academic Success and Promotions Coordinator is as follows: Provides support, guidance and counselling to all current and prospective students and oversees the development and implementation of student engagement activities. Coordinates and executes, in conjunction with university and faculty units a variety of promotional materials and activities to build the profile of the School of Nutrition. Coordinates program communications, including the maintenance of the School of Nutrition website content. It is understandable that the Grievor has not accepted the reduction in the Point/Pay band for her position. She continues to hold a position of responsibility that requires significant skills and effort. That is why the Academic Success and Promotions Coordinator is rated at the highest level for the Interpersonal Relations and Independent Action sub-factors and at the next to highest level for most other sub-factors. However, it is a feature of job evaluation that 3 sometimes changes to a few duties can make a difference in ratings. If a duty that led to a higher rating is removed or changed there may no longer be justification for that level. Furthermore, a job evaluation review of a position may highlight inconsistencies. Job evaluation is an exercise in relativity and consistency is important. That is why comparator positions are often referred to as part of the evaluation process. I do not know why the Promotions/Outreach Coordinator was rated as it was because I do not have those rationales. Ultimately, I must decide on the rating that is the best fit for the job as it currently exists. DECISION The parties have not been able to agree on the ratings for six subfactors: Communication; Analytical Reasoning; Independent Action/Decision Making; Guidance Given; Mental Effort and Working Conditions – Environmental. The ratings for all of the other subfactors remain the same as they were before the evaluation. I have reviewed and considered the parties’ detailed submissions, their responses to the questions I posed at the hearing, as well as their oral submissions. The parties do not use questionnaires as part of their job evaluation process so I have compared the old and new job descriptions and the materials provided about the Grievor’s duties. A review of those materials does disclose that there have been changes in the position. It appears that the School of Nutrition may have operated more independently in the past and that the Grievor may have had greater autonomy and exercised responsibilities that are now more centralized. The focus of the position has shifted over time from promotions and outreach to academic support. However, promotions are still part of the role which is reflected in the position title. There are positions in other departments with a similar mix of academic support responsibilities and duties related to promoting their programs. In particular, I find that the Student Academic Support, Admissions and Recruitment Officer LASL is comparable to the Academic Success and Promotions Coordinator. The ratings for the Student Academic Support, Admissions and Recruitment Officer LASL position are consistent with the ratings that the Employer has assigned to the Academic Success and Promotions Coordinator position. The following is my decision provided in accordance with Article 33.10 (c) of the collective agreement. COMMUNICATION The Union contends that the Academic Success and Promotions Coordinator should be rated at Level 5 for the Communication sub-factor and the Employer asserts that it should be rated at Level 4. The relevant level descriptions are as follows: Level 4 Communication involves the elaboration of information and/or the composition and presentation of complex information. Level 5 Communication involves the composition and formal presentation of complex information. [Emphasis in original] The Definitions set out in the sub-factor include the following; 4 Elaboration: To make something understood by providing more detail or examples. The elaboration of information involves the interpretation of materials and/or the provision of more detail or examples, frequently using multiple sources and/or background knowledge, in order to promote understanding (orally and/or in writing). Composition: To formulate by putting together in written form. Composition involves the formulation and documentation of “original thought” by gathering and synthesizing ideas, along with quantitative and qualitative information. The information may be basic or complex. At the basic level, composition includes the drafting of memos and straightforward correspondence. At the complex level, it includes the drafting of speeches and/or presentations, as well as written reports. As well, the subject matter tends to be complicated, multi-dimensional and conceptual and be intended to persuade or to promote understanding of highly detailed and/or technical subject matter. Presentation: To set forth for consideration by others. Presentation involves the delivery of information in either written or oral format, either formally or informally, to either an internal or external audience. Neither the size of the audience, nor who wrote the text or outline, determines whether or not a presentation is “formal”. Formal presentations are a legitimate requirement of the position and are given on behalf of a department or the University. Complex Information: The communication of complex information involves the conveying of complicated and multi-dimensional subject matter to internal and/or external contacts. Complex communications tend to be conceptual, technical and detailed, with multiple components which are difficult to separate, analyze or solve, rather than simply fact-oriented, and often employ a precise specialized terminology. Complex information may require substantial synthesis or translation into non-technical language prior to its communication to others. Subfactor Analysis The subfactor analysis for the relevant levels includes: Level 4 – Communication involves the explanation and elaboration and/or the composition and presentation of complex or specialized information, which is typically more difficult to convey to the intended audience. The communication typically requires substantial qualitative and/or quantitative explanations and/or involves information from multiple sources. Presentations tend to be limited to internal audiences. Examples include: -Preparing Reports/articles -Preparing user guides or manuals -Explaining in detail complex procedures or information involving complex sources Level 5 – Communication involves the composition and/or formal presentation of complex information, in either written or verbal form, which officially represents Ryerson to a variety of internal and external audiences. Communication of this nature requires a high level of skill and knowledge, must be consistent with the functions of the job and be formally documented in the position description. Examples include: - Drafting and preparing and/or presenting speeches, training, lectures or workshops - Preparing brochures - Preparing complex user guides or manuals 5 - Preparing and/or presenting in-hours courses/lectures - Preparing complex reports/articles Decision I have reviewed the submissions and materials and find that the Academic Success and Promotions Coordinator is involved in presentations that require explaining procedures and requirements. That information can be complex and must be rendered, by the Grievor, into a form that is understandable to new students and in some cases prospective students. Those kinds of presentations involve the elaboration of information and sometimes the presentation of complex information. However, they are not the formal presentation of complex information contemplated by Level 5. The sub-factor analysis provides that Level 5 “involves the composition and/or formal presentation of complex information, in either written or verbal form, which officially represents Ryerson to a variety of internal and external audiences.” The Academic Success and Promotions Coordinator does not give formal presentations of complex information to a variety of internal and external audiences. She does attend university fairs but does not give formal presentations representing the university at them. The presentations she gives are to internal audiences except for a few that she gives to prospective students and their families. That does not meet the requirements of Level 5. The Grievor does create content for the School’s website and other social media. In that sense, she is representing the department by posting on its behalf. However, that information is not complex as that is defined in the subfactor. The Student Academic Support, Admissions and Recruitment Officer, LASL has a similar mix of responsibilities as the Academic Success and Promotions Coordinator and is rated at Level 4 for the Communications subfactor. On the other hand, the communications requirements of the Grievor’s position are distinguishable from those of the “Recruitment Officer” which “Officially represents the university to a variety of audiences to position Ryerson as a top post-secondary choice.” The subfactor analysis for Level 4 describes the communication requirements of the Grievor’s position very well and is the best fit for the Communication sub-factor. The Academic Success and Promotions Coordinator is involved in the explanation and elaboration and/or the composition and presentation of complex or specialized information, which is typically more difficult to convey to the intended audience. The communication typically requires substantial qualitative and/or quantitative explanations and/or involves information from multiple sources. Presentations tend to be limited to internal audiences. The position is required to prepare reports and creates articles for social media. Most significantly the position must explain admission and graduation processes and requirements as well as other complex procedures but that falls within Level 4 for the Communication subfactor. I find that the Academic Success and Promotions Coordinator is properly rated at Level 4 for the Communication subfactor. ANALYTICAL REASONING The Union contends that the Academic Success and Promotions Coordinator should be rated at Level 4 for the Analytical Reasoning subfactor. The Employer maintains that Level 3 is the appropriate rating. The relevant degree level descriptions are: 6 Level 3 Work requires a moderate degree of analysis, interpretation and reasoning skills. Level 4 Work requires a high degree of analysis, interpretation and reasoning skills. Sub-Factor Analysis The Sub-Factor Analysis level descriptions include the following: Level 3 – Typically, some information is provided and additional information must be found through further investigation. Work situation/job problem identification and/or solutions may involve consideration of many factors. Level 4 – Typically little information is provided or readily obtainable. Work situation/job problem identification and/or solutions may involve consideration of many complex factors. Decision Both Level 3 and Level 4 apply to positions that require analysis, interpretation and reasoning skills. The issue is whether the position requires a moderate or high degree of those skills. A comparison of the rating levels and subfactor analysis for analytical reasoning leads to the conclusion that Level 3 is the appropriate rating for the Academic Success and Promotions Coordinator. That position must engage in analysis, interpretation and reasoning but typically the information is provided. The incumbent must put that information together and use it to work out solutions involving many factors but it is not the case that “little information is provided or readily available” which is required for Level 4. Some of the duties relevant to this subfactor have changed. For example, the position is no longer required to develop, implement and evaluate a five-year marketing plan. The position is not comparable to the Senior Marketing Officer proposed by the Union for this subfactor. I find that the appropriate rating for the Analytical Reasoning sub-factor for the Academic Success and Promotions Coordinator is Level 3. INDEPENDENT ACTION/DECISION MAKING The Union submits that the rating for the Academic Success and Promotions Coordinator for the Decision Making sub-factor should be Level 4. The Employer contends that it is properly rated at Level 3. The relevant subfactor language is as follows: I. Decision Making Level 3 The employee makes many work related decisions. Deviation from standard practices or methods or well defined policies are referred to the supervisor. 7 Level 4 The employee makes most work-related decisions. Deviations from general policies and practices or broad guidelines are referred to the supervisor. Subfactor Analysis The relevant Subfactor Analysis descriptions are as follows: Level 3 – The type and scope of decisions made are broader and more complex than in Level 2 and require consideration of multiple options. The incumbent may exercise considerable discretion in this level. Decisions tend to be made in support of a function/role (e.g, Department) that is larger than the performance of job duties alone. Decisions requiring deviation from accepted practices and methods are referred to the supervisor who provides advice and assistance in their resolution. Level 4 –The type and scope of decisions made at this level are very broad in scope and require consideration of multiple options. The incumbent’s decisions are subject to a few day-to-day restrictions. Decisions tend to be substantive and have University- wide implications. Decision The Academic Success and Promotions Coordinator exercises considerable discretion in decision making, particularly with respect to the content of the website and other social media. The Grievor does make most work related decisions. However, the position does not meet the other requirements for a Level 4 rating. Decisions made by this role are subject to many guidelines, policies and practices. The Grievor has considerable discretion about how she presents the information she communicates in presentations etc. although not the content itself. The Academic Success and Promotions Coordinator advises students but does not make admission or related decisions. The Academic Success and Promotions Coordinator must consider multiple options in making decisions in her various roles, but such decisions are made in support of the department and do not have University wide implications. The Academic Coordinator position proposed as a comparator by the Union has a broader scope of decision making than the Academic Success and Promotions Coordinator because the Academic Coordinator makes all academic credit decisions related to that faculty including transfer credits, curriculum substitutions, challenge credits and advanced standing. The Academic Success and Promotions Coordinator position is, however, comparable to the Student Academic Support, Admissions and Recruitment Officer, LASL for this subfactor. I find that Level 3 is the appropriate rating for the Academic Success and Promotions Coordinator position for the Decision Making subfactor. GUIDANCE GIVEN The Union submits that the Academic Success and Promotions Coordinator should be rated at Level 4 for this sub-factor. The Employer maintains that the appropriate rating is Level 3. The relevant degree level descriptions are: 8 Level 3 Assigns and co-ordinates the work of other employees from time to time and or may assume the majority of the immediate supervisor’s responsibilities in that person’s absence. Level 4 Assigns and coordinates the work of other employees on a regular basis. The Definitions include: Other Employees: May include volunteers, outside consultants, students, etc. performing University business over a period of time and whose work is in some way the responsibility of the incumbent. With contract staff or students, there must be a legitimate employment contract. Subfactor Analysis The Subfactor Analysis descriptions include the following: The frequency and duration of time spent providing direction and guidance to others is considered under Levels 3 and 4 only. Level 3 – The incumbent acts as a lead hand/functional supervisor on an occasional basis or in the absence of lead hand/supervisory staff to coordinate assignments and/or pieces of work and ensure the accuracy of the work. This responsibility is an inherent part of the position, not simply a temporary assignment where the incumbent is compensated separately for the additional component. Level 4 –The incumbent acts as a lead hand/functional supervisor on a regular daily basis to coordinate assignments and/or pieces of work and ensure the accuracy of the work. Responsibilities may include the assessment of employee training needs, as well as day-to-day performance standards. Decision The Academic Success and Promotions Coordinator is responsible for a Career Boost student who works 15 hours per week during the school year and 35 hours per week from May through August. She is also responsible for the training and supervision of 35 student mentor/Ambassador volunteers that are involved in events throughout the year. As a result of the combination of those duties the Grievor acts “as a lead hand/functional supervisor on a regular daily basis to coordinate assignments and/or pieces of work and ensure the accuracy of the work.” I find that the Academic Success and Promotions Coordinator position should be rated at Level 4 for the Guidance Given subfactor. MENTAL EFFORT The Union submits that the Academic Success and Promotions Coordinator position should be rated at Level 4 for this sub-factor and the Employer contends that it should be rated at Level 3. The relevant degree level descriptions are as follows: 9 Level 3 The job duties require a fixed or focussed attention for sustained periods of time. Level 4 The job duties require a fixed or focussed attention for continuous periods of time. Rules of Application 1. To determine the level for this factor, analyze the job duties to determine the tasks or phases of work which contribute to mental fatigue. Select a job task performed most days to determine the level. A job task may be a single task or sequence of related tasks. 2. Fixed or focussed attention is measured in terms of the length of mental, auditory or visual attention to detail to perform such duties as word processing, data or spreadsheet manipulation, editing, budget preparation or reconciling accounts. 3. When determining the period of time, do not include the scheduled breaks, as outlined in the collective agreement. Definitions Sustained: 2 to 3 hours at a time, most days Continuous: More than 3 hours at a time, most days. Most days means, on average, more than two and one half days per week. Subfactor Analysis The Subfactor Analysis includes the following paragraph: Note re visual attention: The need to use a computer monitor for performing job tasks does not in itself contribute to mental fatigue. The “fixed and focused” attention aspect of this subfactor requires a demand for number-by-number or word-by-word accuracy which would not be caught in a spellcheck or other machine function. Decision After reviewing the submissions and materials provided, it is apparent that the job duties of the Academic Success and Promotions Coordinator require a fixed or focussed attention for sustained periods of time. The position is engaged in a variety of tasks but the visual attention requiring a demand for number-by-number or word-by-word accuracy which would not be caught in a spellcheck or other machine function would not last for more than 3 hours at a time. Working at events may require focussed attention for more than three hours but they are not something that the Grievor does “most days”. Meetings with students do not last for more than three hours at a time. I find that the Academic Success and Promotions Coordinator position should be rated at Level 3 for the Mental Effort sub-factor. 10 WORKING CONDITIONS – ENVIRONMENTAL The Union contends that the Academic Success and Promotions Coordinator position should be rated at Level 2 for this sub-factor and the Employer contends that it should be rated at Level 1. The relevant degree level descriptions are as follows: Level 1 Job requires occasional exposure to undesirable and disagreeable conditions. Level 2 Job requires periodic exposure to undesirable and disagreeable conditions. The Rules of Application describe the undesirable or disagreeable conditions as follows: a) conditions of dust, dirt, fumes, heat, cold, lighting, noise, infectious disease, vibration, inclement weather, potential hazards in the like. b) overnight absence from home. c) confining work. d) routine, repetitive work. Decision The incumbent in this position has her own office in a normal office environment. The only undesirable or disagreeable condition that this position is exposed to is the occasional (occurring from time to time) need to travel to a university fair, go to another campus building, or conduct the outside portion of a tour or orientation in inclement weather. She would only occasionally perform routine repetitive work. That fits squarely within Level 1 for this sub-factor. I find that the Academic Success and Promotions Coordinator position should be rated at Level 1 for the Working Conditions-Environmental sub-factor. Summary In summary, I find that the Academic Success and Promotions Coordinator position should be rated at the following levels for the subfactors in dispute: Communication: Level 4 Analytical Reasoning: Level 3 Decision Making: Level 3 Guidance Given; Level 4 Mental Effort: Level 3 Working Conditions – Environmental: Level 1 October 19, 2022 11 _________________ Laura Trachuk Arbitrator fu,tr