Bargaining Unit Employees in Positions Outside the Bargaining Unit Sample Clauses
This clause defines the rules and conditions that apply when employees who are part of a bargaining unit take positions outside of that unit. Typically, it outlines whether such employees retain any rights or benefits from the bargaining unit, such as seniority or recall rights, during or after their time in the non-bargaining unit position. For example, an employee temporarily assigned to a management role may or may not be able to return to their previous bargaining unit position with full rights. The core function of this clause is to clarify the status and protections of employees who move between bargaining unit and non-bargaining unit roles, thereby preventing disputes and ensuring fair treatment.
Bargaining Unit Employees in Positions Outside the Bargaining Unit.
(a) The following applies to bargaining unit members:
(i) employed by the Employer in a temporary non-contract position;
(ii) employed by the Employer in a temporary position in another bargaining unit;
(iii) on an approved leave of absence while employed as an instructor at a post-secondary educational institution; or
(iv) on an approved leave of absence to pursue advanced education related to the employee's profession.
(b) An employee accepting a temporary position under (i) or (ii) shall continue to accumulate seniority and shall continue to accumulate service for the purpose of severance, increments and vacation, for the duration of the position, subject to not exceeding the entitlement that would accrue to 1.0 FTE per annum. All other accumulated benefits are frozen as of the date the employee commences in the temporary position.
(c) ▇▇▇▇ leave credits accrued while in a temporary position under (i) shall not be subject to cash- in under Article 19.12.
(d) An employee on leave under (iii) and (iv) shall continue to accumulate seniority for the duration of the leave. All other accumulated benefits are frozen as of the date the employee commences the leave (i.e., service for the purpose of severance, increments and vacation shall not accrue).
(e) Temporary positions and leaves under this provision shall not exceed two years except as mutually agreed between the parties.
(f) During the first (90) ninety days in a temporary position under (i) or (ii), an employee who is found to be unsatisfactory or who finds the position to be unsatisfactory shall return to their former position, if available, or a mutually acceptable alternative position.
(g) Upon return from a temporary position or leave, the employee shall return to their former position, if available, or a mutually acceptable alternative position.
(h) The employee shall not pay Union dues during the term of the position or leave.
(i) The Employer will notify the HSPBA of bargaining unit members employed in positions pursuant to (i) and (ii) and shall provide the following:
(i) name of employee,
(ii) title of the position, and (iii) duration of position.