Common use of Qualifications and competence Clause in Contracts

Qualifications and competence. 5.01 While seniority shall be considered, qualifications and competence shall always be the primary considerations by the Union in supplying Employees to work under this Agreement. (a) The Foundation and the Union agree that when hiring a Seasonal Department Head or any permanent Employee(s) under this Agreement, the Foundation shall select such person(s) in consultation with the Union. The Foundation agrees to give due consideration to the Union in the selection of personnel for the above positions. (b) The Foundation and the Union agree that when hiring an individual for a seasonal SUPERVISOR position under this Agreement the Union shall select such person(s) in consultation with the Foundation. The Union agrees to give due consideration to the Foundation in the selection of personnel for the above positions. 5.03 An individual hired into a SUPERVISOR’s position shall, subject to article 5.01, be given thirty (30) days to become familiar with the position. An initial performance evaluation of the individual shall be completed, in the presence of the Union Business agent or designate, by the Foundation at the end of the thirty day period. If the individual successfully completes this initial performance evaluation, the individual shall be subject to a further thirty (30) day probationary period and the performance of the individual during this probationary period shall be evaluated at such time or times as are determined by the Foundation and or the Union. If in the opinion of the Foundation, or in the opinion of the Union, the performance of the individual is, at any time during the probationary period, not satisfactory, the Foundation, or the Union with the prior consent of the Foundation, shall have the right to remove the individual from the SUPERVISOR’s position. 5.04 If the competence of any Employee covered by this Agreement is brought into question by either the Union Business Agent or the Production Director of the Foundation, the questioning party shall have the right to lodge a grievance in accordance with the terms of this Agreement, and shall furnish, in writing, the grounds upon which it questions the competence of any affected Employee. 5.05 A new permanent Employee shall be subject to a trial period of one year. All new Employees and all other Employees who change job category shall do so on a trial basis for a period of up to three months. The trial period may be extended monthly by mutual consent of the Production Director and Union Business Agent. This trial period review shall consist of monthly written evaluations of the Employees performance. The evaluations will be discussed in meetings with the Production Director, the Union Business Agent and the Employee. If the Employee proves satisfactory during the trial period, the Employee will maintain their present position. If the Employee proves unsatisfactory during the trial period the Employee will be returned to their former position. 5.06 A reevaluation period of an Employee may be instituted by mutual consent of the Union Business Agent and the Production Director of the Foundation at any time when the competence or qualifications of an Employee are questioned by either party. This reevaluation period will last a minimum of one month and up to a maximum of three months, consisting of monthly written evaluations of the Employees performance. These evaluations will be discussed in meetings with the Production Director, Union Business Agent and Employee. The reevaluation period will be resolved with the return of the Employee to prior status or discharge from that position. 5.07 If any dispute arises in respect to the decision by the Foundation as to the qualifications, performance or competence pursuant to this Article, then the Union shall have the right to refer the matter to Grievance Procedures in accordance with this Agreement, provided that the same is so referred by the Union within ten (10) days following the said decision by the Foundation.