Common use of Classification Appeal Procedure Clause in Contracts

Classification Appeal Procedure. An employee shall have the right to appeal, through the Union, the classification of the position occupied. Such an appeal shall be in accordance with the following provisions and shall not be considered a grievance under Article 17 of the Collective Agreement. (a) If an employee believes their position is improperly classified or has been substantially altered, the employee shall complete a standard questionnaire provided by the Employer and submit it, along with a dated covering memo, to their immediate non-bargaining unit supervisor for review and transmittal to the Human Resources Department. The date the completed questionnaire is received by the non-bargaining unit supervisor shall be the official date of any change that may occur. (b) Upon receipt of the completed questionnaire, the Human Resources Department shall notify the Union in writing that a request has been received on behalf of the employee and provide the Union with a copy of the employee’s submission. (c) The employee completing the questionnaire will be provided an opportunity to be interviewed except in cases where there has been a recent decision issued with no significant changes since the last review or where adequate information can be gathered through interviewing a representative sample of employees submitting requests as part of the review of an entire class of positions. A decision on the employee’s request will be issued to the employee with a copy to the Union. Such decision shall be issued by the Human Resources Department following discussions with the GVRD Labour Relations Department and the employee’s Director or authorized designate but shall, as far as is practicable, be issued within four (4) calendar months from date of the questionnaire being completed and submitted to the Human Resources Department. (d) Upon receipt of the classification decision the employee shall, as soon as possible, provide the Union with their comments concerning the classification decision and the Union shall advise the Human Resources Department in writing as to whether they intend to appeal the decision. Such notice to the Human Resources Department shall, as far as is practicable, be issued within one (1) calendar month from the date of the original classification decision. (e) Where the Union has indicated an intent to appeal the decision of the Employer, the Manager of Human Resources or designate and the Union shall meet within one (1) calendar month to discuss and seek to resolve the matter. (f) If the parties are unable to resolve the matter, it shall be referred by the Union to a Joint Classification Appeal Committee (JCAC) consisting of one (1) representative of CUPE National and one representative of the GVRD no later than one (1) month after the internal process is exhausted. The initial representatives to the JCAC shall be ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Compensation Supervisor, GVRD, and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Job Evaluation Representative, CUPE. (g) The JCAC will return appeals to the parties for further discussion if, in their opinion, a concerted attempt has not been made to address and resolve the issues. (h) The JCAC shall have two (2) calendar months from receipt of the appeal to review, meet and report back to the parties. For the purpose of processing appeals, reclassifications shall only occur where there have either been significant changes in the duties, level of responsibility and requirements of a position or a position has been found to have been improperly allocated to an existing classification. This process shall not be used to make salary adjustments to existing positions or classes of positions. If necessary, revised class specifications will be prepared. Comparison classes shall be limited to the existing internal classes within the Township of ▇▇▇▇▇▇▇. (i) If the JCAC is in agreement, no further appeals will be available to the parties. (j) If the JCAC is not in agreement, the Union shall have one (1) additional calendar month to indicate whether it wishes to proceed to expedited arbitration. (k) The elements of the expedited arbitration process shall be as follows: • ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ will exchange written positions on the dispute three weeks prior to the scheduled hearing; no additional information shall be presented at the arbitration hearing unless there is mutual agreement that a dispute over the facts exists. In that case, the JCAC shall attempt to resolve these issues prior to the hearing. Witnesses shall be asked to present factual evidence to a mutually agreeable arbitrator only if the dispute over facts cannot be resolved. • ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ will present the Employer and Union positions at the arbitration hearing. • The hearing will be limited to the issues in dispute. • Any costs associated with the hearing will be shared by the Employer and CUPE Local 403. • The arbitrator will have one (1) calendar month from notification to convene the hearing and one (1) calendar month after the date of the hearing to render a decision. Such decision shall be limited to the issues in dispute.‌‌‌ (l) In the event a position is reclassified upwards the incumbent shall be placed on the lowest step of the new pay range which exceeds the incumbent’s previous rate of pay and their increment date shall be amended accordingly. Where a single rate exists for the class of positions, the incumbent shall receive the rate of pay for the position. In the event a position is reclassified downwards the incumbent shall suffer no reduction in their rate of pay by virtue only of a reclassification downwards and shall continue to receive all general pay increases and increments to which there would otherwise have been an entitlement, provided that at any time during the two (2) years immediately following the date when the position was reclassified downwards the Employer may unilaterally promote such incumbent to any other vacant position for which the employee is qualified, and which is valued at the same level as the position was formerly valued. (m) It will be incumbent on all parties to keep each other informed at all stages of this process and to request any extensions to the time limits that may be occasioned by unforeseen circumstances. It will be the responsibility of CUPE Local 403 to keep its members informed at all stages of the process.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Classification Appeal Procedure. An employee shall have the right to appeal, through the Union, the classification of the position occupied. Such an appeal shall be in accordance with the following provisions and shall not be considered a grievance under Article 17 of the Collective Agreement. (a) If an employee believes their position is improperly classified or has been substantially altered, the employee shall complete a standard questionnaire provided by the Employer and submit it, along with a dated covering memo, to their immediate non-bargaining unit supervisor for review and transmittal to the Human Resources DepartmentDivision. The date the completed questionnaire is received by the non-bargaining unit supervisor shall be the official date of any change that may occur. (b) Upon receipt of the completed questionnaire, the Human Resources Department Division shall notify the Union in writing that a request has been received on behalf of the employee and provide the Union with a copy of the employee’s submission. (c) The employee completing the questionnaire will be provided an opportunity to be interviewed except in cases where there has been a recent decision issued with no significant changes since the last review or where adequate information can be gathered through interviewing a representative sample of employees submitting requests as part of the review of an entire class of positions. A decision on the employee’s request will be issued to the employee with a copy to the Union. Such decision shall be issued by the Human Resources Department Division following discussions with the GVRD Labour Relations Department and the employee’s Director or authorized designate but shall, as far as is practicable, be issued within four (4) calendar months from date of the questionnaire being completed and submitted to the Human Resources DepartmentDivision. (d) Upon receipt of the classification decision the employee shall, as soon as possible, provide the Union with their comments concerning the classification decision and the Union shall advise the Human Resources Department Division in writing as to whether they intend to appeal the decision. Such notice to the Human Resources Department Division shall, as far as is practicable, be issued within one (1) calendar month from the date of the original classification decision. (e) Where the Union has indicated an intent to appeal the decision of the Employer, the Manager Director of Human Resources or designate and the Union shall meet within one (1) calendar month to discuss and seek to resolve the matter. (f) If the parties are unable to resolve the matter, it shall be referred by the Union to a Joint Classification Appeal Committee (JCAC) consisting of one (1) representative of CUPE National and one representative of the GVRD no later than one (1) month after the internal process is exhausted. The initial representatives to the JCAC shall be ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Compensation Supervisor, GVRD, and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, Job Evaluation Representative, CUPE. (g) The JCAC will return appeals to the parties for further discussion if, in their opinion, a concerted attempt has not been made to address and resolve the issues. (h) The JCAC shall have two (2) calendar months from receipt of the appeal to review, meet and report back to the parties. For the purpose of processing appeals, reclassifications shall only occur where there have either been significant changes in the duties, level of responsibility and requirements of a position or a position has been found to have been improperly allocated to an existing classification. This process shall not be used to make salary adjustments to existing positions or classes of positions. If necessary, revised class specifications will be prepared. Comparison classes shall be limited to the existing internal classes within the Township of ▇▇▇▇▇▇▇. (i) If the JCAC is in agreement, no further appeals will be available to the parties. (j) If the JCAC is not in agreement, the Union shall have one (1) additional calendar month to indicate whether it wishes to proceed to expedited arbitration. (k) The elements of the expedited arbitration process shall be as follows: • ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ will exchange written positions on the dispute three weeks prior to the scheduled hearing; no additional information shall be presented at the arbitration hearing unless there is mutual agreement that a dispute over the facts exists. In that case, the JCAC shall attempt to resolve these issues prior to the hearing. Witnesses shall be asked to present factual evidence to a mutually agreeable arbitrator only if the dispute over facts cannot be resolved. • ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ will present the Employer and Union positions at the arbitration hearing. • The hearing will be limited to the issues in dispute. • Any costs associated with the hearing will be shared by the Employer and CUPE Local 403. • The arbitrator will have one (1) calendar month from notification to convene the hearing and one (1) calendar month after the date of the hearing to render a decision. Such decision shall be limited to the issues in dispute.‌‌‌dispute. (l) In the event a position is reclassified upwards the incumbent shall be placed on the lowest step of the new pay range which exceeds the incumbent’s previous rate of pay and their increment date shall be amended accordingly. Where a single rate exists for the class of positions, the incumbent shall receive the rate of pay for the position. In the event a position is reclassified downwards the incumbent shall suffer no reduction in their rate of pay by virtue only of a reclassification downwards and shall continue to receive all general pay increases and increments to which there would otherwise have been an entitlement, provided that at any time during the two (2) years immediately following the date when the position was reclassified downwards the Employer may unilaterally promote such incumbent to any other vacant position for which the employee is qualified, and which is valued at the same level as the position was formerly valued. (m) It will be incumbent on all parties to keep each other informed at all stages of this process and to request any extensions to the time limits that may be occasioned by unforeseen circumstances. circumstances.‌‌‌‌ It will be the responsibility of CUPE Local 403 to keep its members informed at all stages of the process.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Classification Appeal Procedure. An employee shall have the right to appeal, through the Union, the classification of the position occupied. Such an appeal shall be in accordance with the following provisions and shall not be considered a grievance under Article 17 of the Collective Agreement. (a) If an employee believes their position is improperly classified or has been substantially altered, the employee shall complete a standard questionnaire provided by the Employer and submit it, along with a dated covering memo, to their immediate non-bargaining unit supervisor for review and transmittal to the Human Resources DepartmentDivision. The date the completed questionnaire is received by the non-bargaining unit supervisor shall be the official date of any change that may occur. (b) Upon receipt of the completed questionnaire, the Human Resources Department Division shall notify the Union in writing that a request has been received on behalf of the employee and provide the Union with a copy of the employee’s submission. (c) The employee completing the questionnaire will be provided an opportunity to be interviewed except in cases where there has been a recent decision issued with no significant changes since the last review or where adequate information can be gathered through interviewing a representative sample of employees submitting requests as part of the review of an entire class of positions. A decision on the employee’s request will be issued to the employee with a copy to the Union. Such decision shall be issued by the Human Resources Department Division following discussions with the GVRD MVRD Labour Relations Department and the employee’s General Manager/Director or authorized designate but shall, as far as is practicable, be issued within four (4) calendar months from date of the questionnaire being completed and submitted to the Human Resources DepartmentDivision. (d) Upon receipt of the classification decision the employee shall, as soon as possible, provide the Union with their comments concerning the classification decision and the Union shall advise the Human Resources Department Division in writing as to whether they intend to appeal the decision. Such notice to the Human Resources Department Division shall, as far as is practicable, be issued within one (1) calendar month from the date of the original classification decision. (e) Where the Union has indicated an intent to appeal the decision of the Employer, the Manager Director of Human Resources or designate and the Union shall meet within one (1) calendar month to discuss and seek to resolve the matter. (f) If the parties are unable to resolve the matter, it shall be referred by the Union to a Joint Classification Appeal Committee (JCAC) consisting of one (1) representative of CUPE National and one representative of the GVRD MVRD no later than one (1) month after the internal process is exhausted. The initial representatives to the JCAC shall be ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, the Compensation Supervisor, GVRDMVRD, and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, a Job Evaluation Representative, Representative from CUPE. (g) The JCAC will return appeals to the parties for further discussion if, in their opinion, a concerted attempt has not been made to address and resolve the issues. (h) The JCAC shall have two (2) calendar months from receipt of the appeal to review, meet and report back to the parties. For the purpose of processing appeals, reclassifications shall only occur where there have either been significant changes in the duties, level of responsibility and requirements of a position or a position has been found to have been improperly allocated to an existing classification. This process shall not be used to make salary adjustments to existing positions or classes of positions. If necessary, revised class specifications will be prepared. Comparison classes shall be limited to internal related classes and the prevailing class and value among closely related regional classes from municipalities participating in the MVRD Labour Relations job classification system. Notwithstanding the consideration of external regional classes, the valuation of new classes will not disrupt the wage hierarchy of existing internal classes within the Township of ▇▇▇▇▇▇▇classes. (i) If the JCAC is in agreement, no further appeals will be available to the parties. (j) If the JCAC is not in agreement, the Union shall have one (1) additional calendar month to indicate whether it wishes to proceed to expedited arbitration. (k) The elements of the expedited arbitration process shall be as follows: • ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ : (1) representative each from the MVRD and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ CUPE National will exchange written positions on the dispute three (3) weeks prior to the scheduled hearing; no additional information shall be presented at the arbitration hearing unless there is mutual agreement that a dispute over the facts exists. In that case, the JCAC shall attempt to resolve these issues prior to the hearing. Witnesses shall be asked to present factual evidence to a mutually agreeable arbitrator only if the dispute over facts cannot be resolved. • ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ One (1) representative each from the MVRD and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ CUPE National will present the Employer and Union positions at the arbitration hearing. • The hearing will be limited to the issues in dispute. • Any costs associated with the hearing will be shared by the Employer and CUPE Local 403. • The arbitrator will have one (1) calendar month from notification to convene the hearing and one (1) calendar month after the date of the hearing to render a decision. Such decision shall be limited to the issues in dispute.‌‌‌dispute. (l) In the event a position is reclassified upwards the incumbent shall be placed on the lowest step of the new pay range which exceeds the incumbent’s previous rate of pay and their increment date shall be amended accordingly. Where a single rate exists for the class of positions, the incumbent shall receive the rate of pay for the position. In the event a position is reclassified downwards the incumbent shall suffer no reduction in their rate of pay by virtue only of a reclassification downwards and shall continue to receive all general pay increases and increments to which there would otherwise have been an entitlement, provided that at any time during the two (2) years immediately following the date when the position was reclassified downwards the Employer may unilaterally promote such incumbent to any other vacant position for which the employee is qualified, and which is valued at the same level as the position was formerly valued. (m) It will be incumbent on all parties to keep each other informed at all stages of this process and to request any extensions to the time limits that may be occasioned by unforeseen circumstances. It will be the responsibility of CUPE Local 403 to keep its members informed at all stages of the process.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Classification Appeal Procedure. An employee shall have the right to appeal, through the Union, the classification of the position occupied. Such an appeal shall be in accordance with the following provisions and shall not be considered a grievance under Article 17 of the Collective Agreement. (a) . If an employee believes their position is improperly classified or has been substantially altered, the employee shall complete a standard questionnaire provided by the Employer and submit it, along with a dated covering memo, to their immediate non-bargaining unit supervisor for review and transmittal to the Human Resources DepartmentDivision. The date the completed questionnaire is received by the non-bargaining unit supervisor shall be the official date of any change that may occur. (b) . Upon receipt of the completed questionnaire, the Human Resources Department Division shall notify the Union in writing that a request has been received on behalf of the employee and provide the Union with a copy of the employee’s 's submission. (c) . The employee completing the questionnaire will be provided an opportunity to be interviewed except in cases where there has been a recent decision issued with no significant changes since the last review or where adequate information can be gathered through interviewing a representative sample of employees submitting requests as part of the review of an entire class of positions. A decision on the employee’s 's request will be issued to the employee with a copy to the Union. Such decision shall be issued by the Human Resources Department Division following discussions with the GVRD Labour Relations Department and the employee’s Director General or authorized designate but shall, as far as is practicable, be issued within four (4) calendar months from date of the questionnaire being completed and submitted to the Human Resources Department. (d) Division. Upon receipt of the classification decision the employee shall, as soon as possible, provide the Union with their comments concerning the classification decision and the Union shall advise the Human Resources Department Division in writing as to whether they intend to appeal the decision. Such notice to the Human Resources Department Division shall, as far as is practicable, be issued within one (1I) calendar month from the date of the original classification decision. (e) . Where the Union has indicated an intent to appeal the decision of the Employer, the Manager Director of Human Resources or designate and the Union shall meet within one (1I) calendar month to discuss and seek to resolve the matter. (f) . If the parties are unable to resolve the matter, it shall be referred by the Union to a Joint Classification Appeal Committee (JCAC) consisting of one (1) representative of CUPE National and one representative of the GVRD no later than one (1) month after the internal process is exhausted. The initial representatives to the JCAC shall be ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, the Compensation Supervisor, GVRD, and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, a Job Evaluation Representative, CUPE. (g) Representative from The JCAC will return appeals to the parties for further discussion if, in their opinion, a concerted attempt has not been made to address and resolve the issues. (h) . Effective July 07: The JCAC shall have two (2) calendar months from receipt of the appeal to io review, meet and report back to the parties. For the purpose of processing appeals, reclassifications shall only occur where there have either been significant changes in the duties, level of responsibility and requirements of a position or a position has been found to have been improperly allocated to an existing classification. This process shall not be used to make salary adjustments to existing positions or classes of positions. If necessary, revised class specifications will be prepared. Comparison classes shall be limited to internal related classes and the prevailing class and value among closely related regional classes from municipalities participating in the Labour Relations job classification system. Notwithstanding the consideration of external regional classes, the valuation of new classes will not disrupt the wage hierarchy of existing internal classes within the Township of ▇▇▇▇▇▇▇. (i) classes. If the JCAC is in agreement, no further appeals will be available to the parties. (j) . If the JCAC is not in agreement, the Union shall have one (1) additional calendar month to indicate whether it wishes to proceed to expedited arbitration. (k) . The elements of the expedited arbitration process shall be as follows: • ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Effective July 07: One representative each from the and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ National will exchange written positions on the dispute three weeks prior to the scheduled hearing; no additional information shall be presented at the arbitration hearing unless there is mutual agreement that a dispute over the facts exists. In that case, the JCAC shall attempt to resolve these issues prior to the hearing. Witnesses shall be asked to present factual evidence to a mutually agreeable arbitrator only if the dispute over facts cannot be resolved. • ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ . (1) representative each from the and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ National will present the Employer and Union positions at the arbitration hearing. The hearing will be limited to the issues in dispute. Any costs associated with the hearing will be shared by the Employer and CUPE Local 403. • The arbitrator will have one (1) calendar month from notification to convene the hearing and one (1I) calendar month after the date of the hearing to render a decision. Such decision shall be limited to the issues in dispute.‌‌‌dispute. (lI) In the event a position is reclassified upwards the incumbent shall be placed on the lowest step of the new pay range which exceeds the incumbent’s previous rate of pay and their increment date shall be amended accordingly. Where a single rate exists for the class of positions, the incumbent shall receive the rate of pay for the position. In the event a position is reclassified downwards the incumbent shall suffer no reduction in their rate of pay by virtue only of a reclassification downwards and shall continue to receive all general pay increases and increments to which there would otherwise have been an entitlement, provided that at any time during the two (2) years immediately following the date when the position was reclassified downwards the Employer may unilaterally promote such incumbent to any other vacant position for which the employee is qualified, ,and which is valued at the same level as the position was formerly valued. (m) . It will be incumbent on all parties to keep each other informed at all stages of this process and to request any extensions to the time limits that may be occasioned by unforeseen circumstances. It will be the responsibility of CUPE Local 403 to keep its members informed at all stages of the process.

Appears in 1 contract

Sources: Collective Agreement

Classification Appeal Procedure. An employee shall have the right to appeal, through the Union, the classification of the position occupied. Such an appeal shall be in accordance with the following provisions and shall not be considered a grievance under Article 17 of the Collective Agreement. (a) If an employee believes their position is improperly classified or has been substantially altered, the employee shall complete a standard questionnaire provided by the Employer and submit it, along with a dated covering memo, to their immediate non-bargaining unit supervisor for review and transmittal to the Human Resources DepartmentDivision. The date the completed questionnaire is received by the non-bargaining unit supervisor shall be the official date of any change that may occur. (b) Upon receipt of the completed questionnaire, the Human Resources Department Division shall notify the Union in writing that a request has been received on behalf of the employee and provide the Union with a copy of the employee’s submission. (c) The employee completing the questionnaire will be provided an opportunity to be interviewed except in cases where there has been a recent decision issued with no significant changes since the last review or where adequate information can be gathered through interviewing a representative sample of employees submitting requests as part of the review of an entire class of positions. A decision on the employee’s request will be issued to the employee with a copy to the Union. Such decision shall be issued by the Human Resources Department Division following discussions with the GVRD MVRD Labour Relations Department and the employee’s General Manager/Director or authorized designate but shall, as far as is practicable, be issued within four (4) calendar months from date of the questionnaire being completed and submitted to the Human Resources DepartmentDivision. (d) Upon receipt of the classification decision the employee shall, as soon as possible, provide the Union with their comments concerning the classification decision and the Union shall advise the Human Resources Department Division in writing as to whether they intend to appeal the decision. Such notice to the Human Resources Department Division shall, as far as is practicable, be issued within one (1) calendar month from the date of the original classification decision. (e) Where the Union has indicated an intent to appeal the decision of the Employer, the Manager Director of Human Resources or designate and the Union shall meet within one (1) calendar month to discuss and seek to resolve the matter. (f) If the parties are unable to resolve the matter, it shall be referred by the Union to a Joint Classification Appeal Committee (JCAC) consisting of one (1) representative of CUPE National and one representative of the GVRD MVRD no later than one (1) month after the internal process is exhausted. The initial representatives to the JCAC shall be ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, the Compensation Supervisor, GVRDMVRD, and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, a Job Evaluation Representative, Representative from CUPE. (g) The JCAC will return appeals to the parties for further discussion if, in their opinion, a concerted attempt has not been made to address and resolve the issues. (h) The JCAC shall have two (2) calendar months from receipt of the appeal to review, meet and report back to the parties. For the purpose of processing appeals, reclassifications shall only occur where there have either been significant changes in the duties, level of responsibility and requirements of a position or a position has been found to have been improperly allocated to an existing classification. This process shall not be used to make salary adjustments to existing positions or classes of positions. If necessary, revised class specifications will be prepared. Comparison classes shall be limited to internal related classes and the prevailing class and value among closely related regional classes from municipalities participating in the MVRD Labour Relations job classification system. Notwithstanding the consideration of external regional classes, the valuation of new classes will not disrupt the wage hierarchy of existing internal classes within the Township of ▇▇▇▇▇▇▇classes. (i) If the JCAC is in agreement, no further appeals will be available to the parties. (j) If the JCAC is not in agreement, the Union shall have one (1) additional calendar month to indicate whether it wishes to proceed to expedited arbitration. (k) The elements of the expedited arbitration process shall be as follows: • ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ : (1) representative each from the MVRD and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ CUPE National will exchange written positions on the dispute three (3) weeks prior to the scheduled hearing; no additional information shall be presented at the arbitration hearing unless there is mutual agreement that a dispute over the facts exists. In that case, the JCAC shall attempt to resolve these issues prior to the hearing. Witnesses shall be asked to present factual evidence to a mutually agreeable arbitrator only if the dispute over facts cannot be resolved. • ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ . (1) representative each from the MVRD and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ CUPE National will present the Employer and Union positions at the arbitration hearing. The hearing will be limited to the issues in dispute. Any costs associated with the hearing will be shared by the Employer and CUPE Local 403. The arbitrator will have one (1) calendar month from notification to convene the hearing and one (1) calendar month after the date of the hearing to render a decision. Such decision shall be limited to the issues in dispute.‌‌‌dispute. (l) In the event a position is reclassified upwards the incumbent shall be placed on the lowest step of the new pay range which exceeds the incumbent’s previous rate of pay and their increment date shall be amended accordingly. Where a single rate exists for the class of positions, the incumbent shall receive the rate of pay for the position. In the event a position is reclassified downwards the incumbent shall suffer no reduction in their rate of pay by virtue only of a reclassification downwards and shall continue to receive all general pay increases and increments to which there would otherwise have been an entitlement, provided that at any time during the two (2) years immediately following the date when the position was reclassified downwards the Employer may unilaterally promote such incumbent to any other vacant position for which the employee is qualified, and which is valued at the same level as the position was formerly valued. (m) It will be incumbent on all parties to keep each other informed at all stages of this process and to request any extensions to the time limits that may be occasioned by unforeseen circumstances. It will be the responsibility of CUPE Local 403 to keep its members informed at all stages of the process.

Appears in 1 contract

Sources: Collective Agreement

Classification Appeal Procedure. An employee shall have the right to appeal, through the Union, the classification of the position occupied. Such an appeal shall be in accordance with the following provisions and shall not be considered a grievance under Article 17 of the Collective Agreement. (a) If an employee believes their position is improperly classified or has been substantially altered, the employee shall complete a standard questionnaire provided by the Employer and submit it, along with a dated covering memo, to their immediate non-bargaining unit supervisor for review and transmittal to the Human Resources DepartmentDivision. The date the completed questionnaire is received by the non-bargaining unit supervisor shall be the official date of any change that may occur. (b) Upon receipt of the completed questionnaire, the Human Resources Department Division shall notify the Union in writing that a request has been received on behalf of the employee and provide the Union with a copy of the employee’s submission. (c) The employee completing the questionnaire will be provided an opportunity to be interviewed except in cases where there has been a recent decision issued with no significant changes since the last review or where adequate information can be gathered through interviewing a representative sample of employees submitting requests as part of the review of an entire class of positions. A decision on the employee’s request will be issued to the employee with a copy to the Union. Such decision shall be issued by the Human Resources Department Division following discussions with the GVRD MVRD Labour Relations Department and the employee’s General Manager/Director or authorized designate but shall, as far as is practicable, be issued within four (4) calendar months from date of the questionnaire being completed and submitted to the Human Resources DepartmentDivision. (d) Upon receipt of the classification decision the employee shall, as soon as possible, provide the Union with their comments concerning the classification decision and the Union shall advise the Human Resources Department Division in writing as to whether they intend to appeal the decision. Such notice to the Human Resources Department Division shall, as far as is practicable, be issued within one (1) calendar month from the date of the original classification decision. (e) Where the Union has indicated an intent to appeal the decision of the Employer, the Manager Director of Human Resources or designate and the Union shall meet within one (1) calendar month to discuss and seek to resolve the matter. (f) If the parties are unable to resolve the matter, it shall be referred by the Union to a Joint Classification Appeal Committee (JCAC) consisting of one (1) representative of CUPE National and one representative of the GVRD MVRD no later than one (1) month after the internal process is exhausted. The initial representatives to the JCAC shall be ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, the Compensation Supervisor, GVRDMVRD, and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, a Job Evaluation Representative, Representative from CUPE. (g) The JCAC will return appeals to the parties for further discussion if, in their opinion, a concerted attempt has not been made to address and resolve the issues. (h) The JCAC shall have two (2) calendar months from receipt of the appeal to review, meet and report back to the parties. For the purpose of processing appeals, reclassifications shall only occur where there have either been significant changes in the duties, level of responsibility and requirements of a position or a position has been found to have been improperly allocated to an existing classification. This process shall not be used to make salary adjustments to existing positions or classes of positions. If necessary, revised class specifications will be prepared. Comparison classes shall be limited to internal related classes and the prevailing class and value among closely related regional classes from municipalities participating in the MVRD Labour Relations job classification system. Notwithstanding the consideration of external regional classes, the valuation of new classes will not disrupt the wage hierarchy of existing internal classes within the Township of ▇▇▇▇▇▇▇classes. (i) If the JCAC is in agreement, no further appeals will be available to the parties. (j) If the JCAC is not in agreement, the Union shall have one (1) additional calendar month to indicate whether it wishes to proceed to expedited arbitration. (k) The elements of the expedited arbitration process shall be as follows: • ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ : (1) representative each from the MVRD and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ CUPE National will exchange written positions on the dispute three (3) weeks prior to the scheduled hearing; no additional information shall be presented at the arbitration hearing unless there is mutual agreement that a dispute over the facts exists. In that case, the JCAC shall attempt to resolve these issues prior to the hearing. Witnesses shall be asked to present factual evidence to a mutually agreeable arbitrator only if the dispute over facts cannot be resolved. • ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ . (1) representative each from the MVRD and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ CUPE National will present the Employer and Union positions at the arbitration hearing. • The hearing will be limited to the issues in dispute. • Any costs associated with the hearing will be shared by the Employer and CUPE Local 403. • The arbitrator will have one (1) calendar month from notification to convene the hearing and one (1) calendar month after the date of the hearing to render a decision. Such decision shall be limited to the issues in dispute.‌‌‌dispute. (l) In the event a position is reclassified upwards the incumbent shall be placed on the lowest step of the new pay range which exceeds the incumbent’s previous rate of pay and their increment date shall be amended accordingly. Where a single rate exists for the class of positions, the incumbent shall receive the rate of pay for the position. In the event a position is reclassified downwards the incumbent shall suffer no reduction in their rate of pay by virtue only of a reclassification downwards and shall continue to receive all general pay increases and increments to which there would otherwise have been an entitlement, provided that at any time during the two (2) years immediately following the date when the position was reclassified downwards the Employer may unilaterally promote such incumbent to any other vacant position for which the employee is qualified, and which is valued at the same level as the position was formerly valued. (m) It will be incumbent on all parties to keep each other informed at all stages of this process and to request any extensions to the time limits that may be occasioned by unforeseen circumstances. It will be the responsibility of CUPE Local 403 to keep its members informed at all stages of the process.

Appears in 1 contract

Sources: Collective Agreement

Classification Appeal Procedure. An employee shall have the right to appeal, through the Union, the classification of the position occupied. Such an appeal shall be in accordance with the following provisions and shall not be considered a grievance under Article 17 of the Collective Agreement. (a) If an employee believes their position is improperly classified or has been substantially altered, the employee shall complete a standard questionnaire provided by the Employer and submit it, along with a dated covering memo, to their immediate non-bargaining non‐bargaining unit supervisor for review and transmittal to the Human Resources DepartmentDivision. The date the completed questionnaire is received by the non-bargaining non‐bargaining unit supervisor shall be the official date of any change that may occur. (b) Upon receipt of the completed questionnaire, the Human Resources Department Division shall notify the Union in writing that a request has been received on behalf of the employee and provide the Union with a copy of the employee’s submission. (c) The employee completing the questionnaire will be provided an opportunity to be interviewed except in cases where there has been a recent decision issued with no significant changes since the last review or where adequate information can be gathered through interviewing a representative sample of employees submitting requests as part of the review of an entire class of positions. A decision on the employee’s request will be issued to the employee with a copy to the Union. Such decision shall be issued by the Human Resources Department Division following discussions with the GVRD Labour Relations Department and the employee’s General Manager/Director or authorized designate but shall, as far as is practicable, be issued within four (4) calendar months from date of the questionnaire being completed and submitted to the Human Resources DepartmentDivision. (d) Upon receipt of the classification decision the employee shall, as soon as possible, provide the Union with their comments concerning the classification decision and the Union shall advise the Human Resources Department Division in writing as to whether they intend to appeal the decision. Such notice to the Human Resources Department Division shall, as far as is practicable, be issued within one (1) calendar month from the date of the original classification decision. (e) Where the Union has indicated an intent to appeal the decision of the Employer, the Manager Director of Human Resources or designate and the Union shall meet within one (1) calendar month to discuss and seek to resolve the matter. (f) If the parties are unable to resolve the matter, it shall be referred by the Union to a Joint Classification Appeal Committee (JCAC) consisting of one (1) representative of CUPE National and one representative of the GVRD no later than one (1) month after the internal process is exhausted. The initial representatives to the JCAC shall be ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, the Compensation Supervisor, GVRD, and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇, a Job Evaluation Representative, Representative from CUPE. (g) The JCAC will return appeals to the parties for further discussion if, in their opinion, a concerted attempt has not been made to address and resolve the issues. (h) The JCAC shall have two (2) calendar months from receipt of the appeal to review, meet and report back to the parties. For the purpose of processing appeals, reclassifications shall only occur where there have either been significant changes in the duties, level of responsibility and requirements of a position or a position has been found to have been improperly allocated to an existing classification. This process shall not be used to make salary adjustments to existing positions or classes of positions. If necessary, revised class specifications will be prepared. Comparison classes shall be limited to internal related classes and the prevailing class and value among closely related regional classes from municipalities participating in the GVRD Labour Relations job classification system. Notwithstanding the consideration of external regional classes, the valuation of new classes will not disrupt the wage hierarchy of existing internal classes within the Township of ▇▇▇▇▇▇▇classes. (i) If the JCAC is in agreement, no further appeals will be available to the parties. (j) If the JCAC is not in agreement, the Union shall have one (1) additional calendar month to indicate whether it wishes to proceed to expedited arbitration. (k) The elements of the expedited arbitration process shall be as follows: • ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ : (1) representative each from the GVRD and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ CUPE National will exchange written positions on the dispute three weeks prior to the scheduled hearing; no additional information shall be presented at the arbitration hearing unless there is mutual agreement that a dispute over the facts exists. In that case, the JCAC shall attempt to resolve these issues prior to the hearing. Witnesses shall be asked to present factual evidence to a mutually agreeable arbitrator only if the dispute over facts cannot be resolved. • ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ . (1) representative each from the GVRD and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ CUPE National will present the Employer and Union positions at the arbitration hearing. The hearing will be limited to the issues in dispute. Any costs associated with the hearing will be shared by the Employer and CUPE Local 403. The arbitrator will have one (1) calendar month from notification to convene the hearing and one (1) calendar month after the date of the hearing to render a decision. Such decision shall be limited to the issues in dispute.‌‌‌dispute. (l) In the event a position is reclassified upwards the incumbent shall be placed on the lowest step of the new pay range which exceeds the incumbent’s previous rate of pay and their increment date shall be amended accordingly. Where a single rate exists for the class of positions, the incumbent shall receive the rate of pay for the position. In the event a position is reclassified downwards the incumbent shall suffer no reduction in their rate of pay by virtue only of a reclassification downwards and shall continue to receive all general pay increases and increments to which there would otherwise have been an entitlement, provided that at any time during the two (2) years immediately following the date when the position was reclassified downwards the Employer may unilaterally promote such incumbent to any other vacant position for which the employee is qualified, and which is valued at the same level as the position was formerly valued. (m) It will be incumbent on all parties to keep each other informed at all stages of this process and to request any extensions to the time limits that may be occasioned by unforeseen circumstances. It will be the responsibility of CUPE Local 403 to keep its members informed at all stages of the process.

Appears in 1 contract

Sources: Collective Agreement