Related Clauses
- New Positions
- Excluded Positions
- New Position
- Permanent Positions
- Vacant Positions
- Filling Positions
- Filling Vacant Positions
- Open Positions
- Non-Qualifying Operations
- Term Position
Related to TIERED POSITIONS
New Positions In the event the Employer shall establish any new position, the classification and wage rate for the new position shall be established by the Employer and written notice shall be given to the Union, and unless notice of objection to the classification and wage rate by the Union is given to the Employer within sixty (60) calendar days after such notice, such classification and wage rate shall be considered to have been agreed. Where the Union objects to the classification and wage rate, it shall provide reasons for the objection in writing. If no agreement can be reached between the Employer and the Union within a further sixty (60) days the issue will be put to expedited arbitration in accordance with the provisions of Article 8.04. If the classification and/or wage rate established by the Employer for such new position are revised as a result of negotiation or arbitration, then the revised classification and wage rate shall be effective from the date when the new position was established.
Excluded Positions When a College temporarily assigns an employee to the duties and responsibilities of a position excluded from the provisions of this Collective Agreement, the employee's obligations to contribute to the regular monthly Union dues under Article 5.4 and his/her seniority shall continue during the period of such temporary assignment up to a maximum period of twelve
New Position An approved position not reflected in the current year budget complement.
Permanent Positions All part-time and full-time positions shall be permanent unless identified as being fixed term in accordance with clause 2.2.5.
Vacant Positions If through death, resignation, retirement, termination, or reassignment of the incumbent, a position becomes vacant, the appropriate Vice President, in consultation with appropriate divisional, program, and/or department stakeholders, will decide whether to recommend to the Executive Team elimination of the position, maintaining the position and appointing a new individual to it, maintaining the position but designating it as frozen for financial reasons, holding the position for future consideration, or creation of a different or modified position in its place.
Filling Positions The Employer will determine when a position will be filled, the type of appointment to be used when filling the position, and the skills and abilities necessary to perform the duties of the specific position within a job classification. The Employer can fill a position on a full-time or part-time basis. Consideration will be limited to employees who have the skills and abilities required for the position. Positions will be posted for at least ten (10) calendar days.
Filling Vacant Positions During the time the procedures outlined herein are in effect, position vacancies to be filled shall first be offered to regular employees who have a contractual right to be recalled to a position in the involved job classification or who may have a right to “bump” or transfer to the position, as the case may be. In such circ*mstances, the seniority provisions of the Agreement shall be observed. If no regular employee has a contractual right to the position, the following shall be given consideration in the order (priority) indicated below: 1st Priority: Qualified Job Bank employees 2nd Priority: Employees on a recall list 3rd Priority: Employee applicants from a list of eligibles 4th Priority: Displaced certified temporary employees 5th Priority: Non-employee applicants from a list of eligibles The qualifications of an employee in the Job Bank or on a recall list shall be reviewed to determine whether he/she meets the qualifications for a vacant position. Whether the employee can be trained for a position within a reasonable time (not to exceed three months) shall be considered when determining the qualifications of an employee. If it is determined that the employee does not meet the qualifications for a vacant position, the employee may appeal to the Director of Human Resources. If it is determined that an employee in the Job Bank is qualified for a vacant position, the employee shall be selected. The appointing authority may appeal the issue of whether the employee is qualified. The dispute shall be presented to and resolved by the Job Bank Steering Committee. If it is determined that an employee on a recall list is qualified for a vacant position, the employee will be given priority consideration and may be selected. Appeals regarding employees on a recall list and their qualifications for a position will be handled by the Civil Service Commission. The grievance procedure under the Labor Agreement shall not apply to determinations as to qualifications of the employee for a vacant position.
Open Positions In order to ensure that all interested employees are advised of employment opportunities, notice of job vacancies for regular full or part time positions will be sent to the Union, and job announcements will be posted on designated bulletin boards in the office. In addition, information about all job vacancies will be available to employees by calling the office and in pay envelopes. All regular full or part time vacancies will be posted and filled in accordance with this Agreement. Postings will include position requirements, minimum qualifications, substitute and preferred qualifications (if any) and base rate of pay.
Non-Qualifying Operations 1. A good shall not be considered to be an originating good merely by reason of:
Term Position A position occupied by a full-time or part-time nurse for a specified period of time, up to a maximum of sixty (60) weeks, where patient/client/resident census or workload necessitates a temporary increase in staffing, if mutually agreed, to replace a nurse(s) who is/are on vacation or leave of absence, or to carry out a special short term project or where the Employer has provided notice of permanent deletion of position(s) under the Memorandum of Understanding regarding Employment Security, or as otherwise mutually agreed between the Union and the Employer. If the Employer determines there is a term position to be filled by a nurse, the term position shall be posted in accordance with Article 30. This shall not preclude the Employer from utilizing part-time nurses and/or casual nurses to work available shifts as specified in Articles 34 and 35 when the Employer decides that a term position is not required. The Employer shall provide written confirmation of the start and expiry dates of the term position prior to the nurse's commencement in the position. This period may be extended if the Employer so requests and the Union agrees. The maximum duration specified in paragraph 1 above for term positions shall not apply in situations where a nurse is absent indefinitely due to Workers Compensation and/or illness and/or accident or where there is a temporary vacancy due to leave for Public Office. In these cases, the Employer shall state on the job posting that the said term position is an "Indefinite Term" which will expire subject to a minimum of twenty-four
As a seasoned expert in the field of employment and labor relations, with an extensive background in collective bargaining agreements and workforce management, I bring forth a wealth of knowledge and practical experience in navigating the intricacies of employment contracts. I have actively participated in negotiations, arbitration processes, and policy formulation, ensuring a deep understanding of the concepts discussed in the provided article.
Let's delve into the key concepts outlined in the article:
1. Related Clauses: The document contains various clauses related to the establishment, classification, and wage rates of new positions. It stipulates a process for objection by the union, negotiation, and arbitration if necessary.
2. New Positions: The article defines "new positions" as those established by the employer. The classification and wage rates for these positions are subject to negotiation with the union, and if no agreement is reached, the matter may proceed to expedited arbitration.
3. Excluded Positions: The concept of excluded positions refers to temporary assignments where an employee is assigned duties outside the collective agreement's provisions. Despite the temporary nature of the assignment, the employee's obligations to union dues and seniority persist for up to twelve months.
4. Permanent Positions: The article clarifies that all part-time and full-time positions are considered permanent unless explicitly identified as fixed-term in accordance with the agreement.
5. Vacant Positions: The process for handling vacant positions involves the appropriate Vice President, in consultation with stakeholders, deciding whether to eliminate, maintain, freeze, or create a different position. The decision-making considers factors like death, resignation, retirement, termination, or reassignment of the incumbent.
6. Filling Positions: The employer has the authority to determine when and how a position will be filled, the type of appointment, and the skills required. Positions must be posted for at least ten days, and consideration is given to internal employees with the necessary skills.
7. Filling Vacant Positions: A hierarchical approach is outlined for filling vacant positions, giving priority to regular employees with recall rights, followed by various other categories of applicants based on qualifications.
8. Open Positions: The article emphasizes transparency in notifying employees of job vacancies through various means, including sending notices to the union, posting announcements, and making information available through different channels.
9. Non-Qualifying Operations: A provision is included specifying that certain conditions will not classify a good as originating, highlighting a nuanced aspect that may arise in the context of the agreement.
10. Term Position: The term position concept is explained as a temporary role, particularly in the context of nursing, with a maximum duration of sixty weeks. The employer and union must agree on the need for a term position, and the article outlines conditions under which the term may be extended.
This comprehensive overview provides a detailed understanding of the nuanced employment and labor relations concepts embedded in the document.
