Common use of Determination Process Clause in Contracts

Determination Process. 24.01 The process used by the Polytechnic to determine appropriate Bargaining Unit placement shall be as follows: DocuSign Envelope ID: A7539E14-49B5-432A-97FB-BA46F0CE3F53 (a) Job Information Questionnaires shall be compared with all non-faculty jobs at the Polytechnic. The comparison is to determine: (i) The best match with existing Job Information Questionnaires elements (primary criteria); (ii) Consideration of factors outlined in the current Joint Classification tool. For jobs with elements common to the Union and other Bargaining Units or employee groups at the Polytechnic, the determining factor shall be the primary focus of the position. Primary focus factors include percentage of time spent on the main functions of the job. (b) A newly created job, or a current job whose primary focus has changed, shall be assessed by the Polytechnic to determine Bargaining Unit placement, before the position is submitted to the Joint Classification Committee. Should the primary focus of newly created jobs change, they will be re- determined. (c) The Polytechnic shall notify the Union in writing (email is acceptable) of all non-faculty jobs that have been determined within ten (10) working days of the review. The notification shall include the rationale and supporting documentation. (d) Within ten (10) working days of receipt of the determination notification, rationale and supporting documentation from the Polytechnic, the Union may request a meeting to discuss the determination report. This request should be in writing (email is acceptable) identifying questions or concerns about the content of the report. At the conclusion of the meeting the Polytechnic will indicate whether the determination report will be amended, or some other action is required, and if so, will make revisions or take other appropriate action and re-issue the report within ten (10) working days of the meeting date. (e) Within ten (10) working days of receiving a revised report the Union may appeal the Polytechnic’s decision. An Adjudicator appointed pursuant to this Article within thirty (30) calendar days of the request for appeal will conduct a hearing. (i) The parties must agree on an Adjudicator. DocuSign Envelope ID: A7539E14-49B5-432A-97FB-BA46F0CE3F53 (ii) Where the parties are unable to agree on an Adjudicator, either party may apply to the Chair of the Labour Relations Board to appoint an Adjudicator, with notice to the other party. The Chair of the Labour Relations Board is hereby requested and empowered to make such an appointment. (f) Prior to the hearing, each party shall provide written statements to the Adjudicator and to the other party. (i) The decision of the Adjudicator is restricted to a determination of which Bargaining Unit the job in question shall be placed. The Adjudicator shall provide written reasons and shall issue their decision in writing to the parties within thirty (30) calendar days. (ii) The Polytechnic shall implement the Adjudicator’s decision upon receipt. (g) Under extenuating circumstances, timelines may be extended, if the parties are in agreement. (h) When the determination results in a change in bargaining unit, the job and the incumbent who occupies it will be moved to the appropriate Bargaining Unit on the first of the pay period in which the determination is finalized by Human Resources and the relevant Bargaining Units. (i) When the position submitted for determination is also identified as requiring classification or reclassification, the effective date shall also be the first day of the pay period in which the determination was finalized by Human Resources and the relevant Bargaining Units, as in Article 24.01 (h). (j) The Polytechnic and the Union shall equally share the cost of the Adjudicator. (k) The Arbitration Act does not apply to the Adjudicator’s decision. All parties reserve the right to apply for a determination to the Labour Relations Board if they dispute the finding of the Adjudicator. The decision of the Adjudicator is not binding on the Labour Relations Board. DocuSign Envelope ID: A7539E14-49B5-432A-97FB-BA46F0CE3F53

Determination Process. 24.01 25.01 The process used by the Polytechnic College to determine appropriate Bargaining Unit bargaining unit placement shall be as follows: DocuSign Envelope ID: A7539E14-49B5-432A-97FB-BA46F0CE3F53: (a) Job Information Questionnaires descriptions shall be compared with all non-faculty jobs at the PolytechnicCollege. The comparison is to determine: (i) i. The best match with existing Job Information Questionnaires job description elements (primary criteria); (ii) . Consideration of factors outlined in the current Joint Classification tool. For jobs with elements common to the Union and other Bargaining Units bargaining units or employee groups at the PolytechnicCollege, the determining factor shall be the primary focus of the position. Primary focus factors include percentage of time spent on the main functions of the job. (b) A newly created job, or a current job whose primary focus has changed, shall be assessed by the Polytechnic College to determine Bargaining Unit bargaining unit placement, before the position is submitted to the Joint Classification Committee. Should the primary focus of newly created jobs change, they will be re- re-determined. (c) The Polytechnic College shall notify the Union in writing (email is acceptable) of all non-faculty jobs that have been determined within ten (10) working days of the review. The notification shall include the rationale and supporting documentation. (d) Within ten (10) working days of receipt of the determination notification, rationale and supporting documentation from the PolytechnicCollege, the Union may request a meeting to discuss the determination report. This request should be in writing (email is acceptable) identifying questions or concerns about the content of the report. At the conclusion of the meeting the Polytechnic College will indicate whether the determination report will be amended, or some other action is required, and if so, so will make revisions or take other appropriate action and re-issue the report within ten (10) working days of the meeting date. (e) Within ten (10) working days of receiving a revised report the Union may appeal the PolytechnicCollege’s decision. An Adjudicator appointed pursuant to this Article within thirty (30) calendar days of the request for appeal will conduct a hearing. (i) i. The parties must agree on an Adjudicator. ii. DocuSign Envelope ID: A7539E14-49B5-432A-97FB-BA46F0CE3F53 (ii) Where the parties are unable to agree on an Adjudicator, either party may apply to the Chair of the Labour Relations Board to appoint an Adjudicator, with notice to the other party. The Chair of the Labour Relations Board is hereby requested and empowered to make such an appointment. (f) Prior to the hearing, each party shall provide written statements to the Adjudicator and to the other party. (i) i. The decision of the Adjudicator is restricted to a determination of which Bargaining Unit bargaining unit the job in question shall be placed. The Adjudicator shall provide written reasons and shall issue their decision in writing to the parties within thirty (30) calendar days. (ii) . The Polytechnic College shall implement the Adjudicator’s decision upon receipt. (g) Under extenuating circumstances, timelines may be extended, if the parties are in agreement. (h) When the determination results in a change in bargaining unit, the job and the incumbent who occupies it will be moved to the appropriate Bargaining Unit bargaining unit on the first of the pay period in month following the date on which the determination is finalized by Human Resources and the relevant Bargaining Unitsdecision was made. (i) When the position submitted for determination is also identified as requiring classification or reclassification, the effective date shall also be the first day of the pay period in which the determination was finalized by Human Resources and received the relevant Bargaining Units, as in Article 24.01 (h)request. (j) The Polytechnic College and the Union shall equally share the cost of the Adjudicator. (k) The Arbitration Act does not apply to the Adjudicator’s decision. All parties reserve the right to apply for a determination to the Labour Relations Board if they dispute the finding of the Adjudicator. The decision of the Adjudicator is not binding on the Labour Relations Board. DocuSign Envelope ID: A7539E14-49B5-432A-97FB-BA46F0CE3F53.