Common use of Classification Dispute Clause in Contracts

Classification Dispute. 15.10.1 Effective until September 30, 2013, an employee who alleges that their position is improperly classified may discuss their claim with their immediate supervisor at any time. An employee, however, shall have the right to file a dispute at any time at the Informal Resolution Stage, and to have that dispute processed through the Informal Resolution Stage and the Formal Resolution Stage of the dispute resolution process contained in Article 15.2, 15.3.1, and 15.3.2. The employee shall specify in their complaint what classification they claim. 15.10.2 Effective until September 30, 2013, a classification claim as provided in Article 15.10.1 which has not been resolved by the end of Stage 2 may be referred to ACERC under Article 12 for final resolution. The parties agree to establish a sub- committee of the ACERC, which shall consist of three (3) persons appointed by each party, to review all complaints or differences involving an allegation of improper classification. Association representatives shall be provided with reasonable travel time and leave with pay to attend sub-committee meetings. All decisions of the sub-committee shall be by vote of the sub-committee members and shall be binding on the parties and any affected employee. Each party must be represented by an equal number of members. Where ACERC does not agree, the matter shall remain unresolved, unless and until concurrence is reached. 15.10.3 The Employer, upon written request by the employee or Association, shall make available all information and provide copies of all documents which are relevant to the dispute. 15.10.4 Articles 15.5 to 15.7 apply to a dispute under Article 15.10. 15.10.5 Effective on October 1, 2013, this process will address disputes related to new positions created after October 1, 2013 and positions where there have been substantive changes to the assigned duties and responsibilities. Neither the job description system nor the job evaluation system shall be subject to the dispute resolution process. For clarity, the Dispute Resolution Process as set out below shall not be subject to the jurisdiction of the Grievance Settlement Board. The process will be as follows: Step 1: An employee who alleges that their position is improperly classified may discuss their claim with their immediate supervisor at any time. The employee shall make the complaint in writing on the form agreed to by the parties and shall specify what classification level the employee claims. Step 2: If the dispute is not resolved within thirty (30) days at Step 1, the Association may make a written submission regarding the employee’s classification to the Job Evaluation Initiatives Branch (JEIB) for review and consideration, and include a proposed new classification and rationale for this proposal. The JEIB shall review the Association’s written submission and complete a report, including reasons that either confirms the existing classification level or determines a reclassification of the position. The JEIB shall issue such report within 20 days of receipt of this written submission. If the JEIB determines that a reclassification is required, the position shall be reclassified effective the date of the filing of the dispute at Step 1. Step 3: (i) If the JEIB determines that no reclassification is required and the Association is not satisfied with the JEIB report, the matter may be referred to the Classification Review Sub-Committee (CRSC) of ACERC by way of written submissions within (15) days of the receipt of the JEIB report. A panel consisting of equal representation of three (3) Association representatives and three (3) Employer representatives shall be convened to review classification matters that remain in dispute after being reviewed by the JEIB. The CRSC shall review any written submissions from the Association and the written report of the JEIB and deliberate with respect to its determination. For clarity, there shall be no witnesses/oral evidence. Association representatives shall be provided with reasonable travel time and leave with pay to attend sub-committee meetings. All decisions of the sub-committee shall be by vote of the sub-committee members. Each party must be represented by an equal number of members. (ii) All panel members must have completed joint training on the classification system prior to participating in a review of any classification matters brought forward to the CRSC. (iii) If the CRSC determines that a reclassification is required, the position shall be reclassified effective the date of the filing of the dispute at Step 1. (iv) If the matter is not resolved at Step 3 after 30 days, the Association may refer the matter to Step 4 below. Step 4: (i) If the Association has referred a matter to Step 4, then the Association may request that an analysis of the employee’s classification be completed and submitted to the CSRC by a jointly agreed upon third-party neutral. The parties will share the cost of the third-party neutral. The third-party will be provided with the following information: (a) The employee’s job description; (b) The Job Evaluation Plan; (c) The Evaluation Rationale for the disputed position; (d) The Association’s written submission at Step 2 (e) The JEIB Report (f) A summary, limited to two pages, from each of the parties setting out their respective positions; (g) Each party will provide no more than three (3) comparators from one level below, one level above and from within the level. (ii) The third-party may make such other inquiries as they may deem necessary and shall provide a written report to the parties within 30 days of the referral of the issue to them. The report will be considered by the CRSC in an attempt to reach consensus. (iii) If the CRSC determines that a reclassification is required after reviewing the third party’s report, then the position shall be reclassified effective the date of the filing of the Step 1 dispute. (iv) If the matter remains unresolved after 20 days following the CRSC review of the consultant’s report, then the Association may refer the matter to the Job Evaluation Appeals Committee (JEAC) under Step 5 below. Step 5: (i) The JEAC shall consist of the Deputy Minister of TBS or their designee and the President of AMAPCEO or their designee. (ii) The JEAC shall meet and attempt to resolve the matter. If the parties reach agreement at the JEAC, it shall issue a written decision without reasons, and such decision shall be final and binding. If the JEAC is unable to resolve the matter within 30 days following their first meeting, then the Deputy Minister or their designee shall issue a written decision without reasons, and such decisions shall be final and binding. If the JEAC determines that a reclassification is required, the position shall be reclassified effective the date of the filing of the dispute at Step 1.