he is able to sit for 6 hours in an 8-hour period; he is able to stand or walk for 2 hours in an 8-hour period; he is unable to climb, but is able to perform occasional balancing, stooping, kneeling, crouching, and crawling; he is able to tolerate occasional exposure to fumes, odors, dusts, gases, and poor ventilation; he is capable of understanding, remembering simple repetitive tasks, and he is able to interact occasionally with coworkers, supervisors, and no contact with the public.
The vocational expert trots out out the standard document preparer, DOT 249.587-018, representing 28,743 jobs in the nation; and election clerk, DOT 205.367-030, representing 20,757 jobs in the nation. These are both office clerks, general. The first problem is that the occupational base is huge. One percent is a significant number of jobs. Now we get to work using Occu Collect.
43-9061 Office clerks, general | |
Typical Education Needed
|
High school diploma or equivalent
|
Work Experience in a Related Occupation
|
None
|
Typical On-The-Job Training Needed to Attain Competency
|
Short-term on-the-job training
|
2016 Employment
|
3,117,700
|
The vocational expert testifies that the identification of these two occupations fit the hypothetical question and is consistent with the Dictionary of Occupational Titles.
ELECTION CLERK (government ser.)
DOT Code: 205.367-030
SOC Code: 43-9061.00
O*NET URL: https://www.onetonline.org/link/summary/43-9061.00DOT-O*NET Crosswalk: https://www.onetonline.org/crosswalk/DOT?s=205.367-030&g=GODOT Name: ELECTION CLERK (government ser.)
DOT Narrative: 205.367-030 ELECTION CLERK (government ser.) alternate titles: poll clerk; returning officer
Performs any combination of the following duties during elections: Compiles and verifies voter lists from official registration records. Requests identification of voters at polling place. Obtains signatures and records names of voters to prevent voting of unauthorized persons. Distributes ballots to voters and answers questions concerning voting procedure. Counts valid ballots and prepares official reports of election results.
GOE: 07.04.03 STRENGTH: S GED: R3 M2 L2 SVP: 2 DLU: 77
The VE tells the ALJ that election clerk is a full-time job. That is not consistent with the DOT. The DOT says that election clerks work during elections and no other time of the year. Arguello v. Berryhill says that an apparent conflict exists. More to the point of the question, these workers deal with the public and require reasoning level 3. Occu Collect 205.367-030 (free summary DOC/SCO report just for signing up).
DOCUMENT PREPARER, MICROFILMING
(business ser.)
DOT Code: 249.587-018
SOC Code: 43-9061.00
O*NET URL: https://www.onetonline.org/link/summary/43-9061.00DOT-O*NET Crosswalk: https://www.onetonline.org/crosswalk/DOT?s=249.587-018&g=GO
DOT Name: DOCUMENT PREPARER, MICROFILMING (business ser.)
DOT Narrative: 249.587-018 DOCUMENT PREPARER, MICROFILMING (business ser.) Prepares documents, such as brochures, pamphlets, and catalogs, for microfilming, using paper cutter, photocopying machine, rubber stamps, and other work devices: Cuts documents into individual pages of standard microfilming size and format when allowed by margin space, using paper cutter or razor knife. Reproduces document pages as necessary to improve clarity or to reduce one or more pages into single page of standard microfilming size, using photocopying machine. Stamps standard symbols on pages or inserts instruction cards between pages of material to notify MICROFILM-CAMERA OPERATOR (business ser.) 976.682-022 of special handling, such as manual repositioning, during microfilming. Prepares cover sheet and document folder for material and index card for company files indicating information, such as firm name and address, product category, and index code, to identify material. Inserts material to be filmed in document folder and files folder for processing according to index code and filming priority schedule. GOE: 07.05.03 STRENGTH: S GED: R3 M1 L2 SVP: 2 DLU: 86
Document preparers require reasoning level 3. The occupation of election clerk has significant worker functions of speaking/signaling people to convey or exchange information. Occu Collect 249.587-018 (free summary DOC/SCO report just for signing up). The SCO describes the functions of election clerk as requiring frequent talking and hearing as well as average verbal capacity.
Microfilming is a dead industry. Film decays and is not easily copied to another medium. We use our common sense. Gutierrez v. Colvin.
The OOH describes general office clerk duties:
General office clerks typically do the following:
· Answer and transfer telephone calls or take messages
· Sort and deliver incoming mail and send outgoing mail
· Schedule appointments and receive customers or visitors
· Provide general information to staff, clients, or the public
· Type, format, or edit routine memos or other reports
· Copy, file, and update paper and electronic documents
· Prepare and process bills and other office documents
· Collect information and perform data entry
Rather than performing a single specialized task, general office clerks have responsibilities that often change daily with the current needs of the employer.
Some clerks file documents or answer phones; others enter
data into computers or perform other tasks using software applications. They
also frequently use photocopiers, scanners, fax machines, and other office
equipment.
The specific duties assigned to clerks will depend on the
type of office in which they work. For example, a general office clerk at a
college or university may process application materials and answer questions
from prospective students, while a clerk at a hospital may file and retrieve
medical records.
We don't find microfilming on the list. Scanning is there. We don't know if that occupation is unskilled, simple, or repetitive. We do know that the vocational expert did not square the testimony with the OOH. The Department of Labor states that the O*NET OnLine provides current information about work. The O*NET OnLine states that general office clerks have contact with others half the time, most of the time, or constantly in 98% of jobs. In 2% of jobs, general office clerks have no contact with others. General office clerks work with a group or team as at least fairly important in 98% of jobs. General office clerks deal with external customers as at least fairly important in 94% of jobs.
43-9061.00 - Office Clerks, General
| Interpersonal Relationships | % | Response |
Contact With Others — How much does this job require the worker to be in contact with others (face-to-face, by telephone, or otherwise) in order to perform it?
|
82
|
Constant contact with others
|
14
|
Contact with others most of the time
| |
2
|
Contact with others about half the time
| |
0
|
Occasional contact with others
| |
2
|
No contact with others
|
| Interpersonal Relationships | % | Response |
Work With Work Group or Team — How important is it to work with others in a group or team in this job?
|
64
|
Extremely important
|
24
|
Very important
| |
7
|
Important
| |
2
|
Fairly important
| |
2
|
Not important at all
|
Structural Job Characteristics
|
%
|
Response
|
Duration of Typical Work Week — Number of hours typically worked in one week.
|
15
|
More than 40 hours
|
59
|
40 hours
| |
26
|
Less than 40 hours
|
We now turn to the Occupational Requirements Survey to examine the nature and requirements of general office clerks.
43-9061.00 (office clerks, general)
Series ID: ORUV1000075800000064
Not seasonally adjusted
Series Title: % of office clerks, general; svp is short demonstration only
Requirement: Education, Training, And Experience
Occupation: office clerks, general
Estimate: svp is short demonstration only
| Year | Period | Estimate |
|---|---|---|
| 2017 | Annual | 5.8 |
Series ID: ORUV1000075800000065
Not seasonally adjusted
Series Title: % of office clerks, general; svp is beyond short demonstration, up to & including 1 month
Requirement: Education, Training, And Experience
Occupation: office clerks, general
Estimate: svp is beyond short demonstration, up to & including 1 month
| Year | Period | Estimate |
|---|---|---|
| 2017 | Annual | 29.5 |
Series ID: ORUP1000075800000661
Not seasonally adjusted
Series Title: % of office clerks, general; strength is sedentary
Requirement: Physical Demands
Occupation: office clerks, general
Estimate: strength is sedentary
| Year | Period | Estimate |
|---|---|---|
| 2017 | Annual | 32.8 |
Series ID: ORUC1000075800001050
Not seasonally adjusted
Series Title: % of office clerks, general; frequency of contact with regular contacts is continuous
Requirement: Cognitive And Mental Requirements
Occupation: office clerks, general
Estimate: frequency of contact with regular contacts is continuous
| Year | Period | Estimate |
|---|---|---|
| 2017 | Annual | 21.6 |
Series ID: ORUC1000075800001051
Not seasonally adjusted
Series Title: % of office clerks, general; frequency of contact with regular contacts is more than once per hour
Requirement: Cognitive And Mental Requirements
Occupation: office clerks, general
Estimate: frequency of contact with regular contacts is more than once per hour
| Year | Period | Estimate |
|---|---|---|
| 2017 | Annual | 53.4 |
Series ID: ORUC1000075800001052
Not seasonally adjusted
Series Title: % of office clerks, general; frequency of contact with regular contacts is more than once per day
Requirement: Cognitive And Mental Requirements
Occupation: office clerks, general
Estimate: frequency of contact with regular contacts is more than once per day
| Year | Period | Estimate |
|---|---|---|
| 2017 | Annual | 21.5 |
Series ID: ORUC1000075800001050
Not seasonally adjusted
Series Title: % of office clerks, general; frequency of contact with regular contacts is continuous
Requirement: Cognitive And Mental Requirements
Occupation: office clerks, general
Estimate: frequency of contact with regular contacts is continuous
| Year | Period | Estimate |
|---|---|---|
| 2017 | Annual | 21.6 |
Series ID: ORUC1000075800001046
Not seasonally adjusted
Series Title: % of office clerks, general; frequency of contact with other contacts is more than once per hour
Requirement: Cognitive And Mental Requirements
Occupation: office clerks, general
Estimate: frequency of contact with other contacts is more than once per hour
| Year | Period | Estimate |
|---|---|---|
| 2017 | Annual | 27.3 |
Series ID: ORUC1000075800001047
Not seasonally adjusted
Series Title: % of office clerks, general; frequency of contact with other contacts is more than once per day
Requirement: Cognitive And Mental Requirements
Occupation: office clerks, general
Estimate: frequency of contact with other contacts is more than once per day
| Year | Period | Estimate |
|---|---|---|
| 2017 | Annual | 30.7 |
Series ID: ORUP1000075800000999
Not seasonally adjusted
Series Title: office clerks, general; % of day sitting is required (25th percentile)
Requirement: Physical Demands
Occupation: office clerks, general
Estimate: % of day sitting is required (25th percentile)
| Year | Period | Estimate |
|---|---|---|
| 2017 | Annual | 75 |
Series ID: ORUP1000075800001000
Not seasonally adjusted
Series Title: office clerks, general; % of day sitting is required (50th percentile - median)
Requirement: Physical Demands
Occupation: office clerks, general
Estimate: % of day sitting is required (50th percentile - median)
| Year | Period | Estimate |
|---|---|---|
| 2017 | Annual | 85 |
OFFICE
CLERK, GENERAL
|
||
SOC
43-9061
|
||
No. of Jobs
|
% Unskilled
|
# Unskilled
|
3,117,700
|
35.30%
|
1,100,548
|
# Unskilled
|
% Sedentary
|
# Sedentary
|
1,100,548
|
32.80%
|
360,980
|
# Sedentary
|
% Occ. Reg. Contacts
|
# Occ. Reg. Contacts
|
360,980
|
21.50%
|
77,611
|
# Occ. Reg. Contacts
|
% No Other Contacts
|
# No Other Contacts
|
77,611
|
31.90%
|
24,758
|
# No Other Contacts
|
% Full-Time
|
# Full-Time
|
24,758
|
74.00%
|
18,321
|
# Full-Time
|
% 6 Hours Sitting
|
# 6 Hours Sitting
|
18,321
|
25.00%
|
4,580
|
How many sedentary, unskilled office clerks have occasional contact with coworkers and supervisors, no contact with the public? About 4,580. And lest you have forgotten, the DOT describes the work as requiring reasoning level 3 -- the occupations are not simple.
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