Bethany Care Society Collective Agreement 2020-2024

Article 7: Appointments, Promotions, Transfers and Vacancies

1.  
   1. If a vacancy within the bargaining unit for a full-time, part-time or temporary position of three (3) months or more, is to be filled, and there are no Employees requiring accommodation, the vacancy shall be posted not less than ten (10) calendar days in advance of making an appointment.  First consideration shall be given to Employees of the bargaining unit.
   2. Where circumstances require the Employer to fill a posted vacancy before the expiry of ten (10) calendar days, the appointment shall be made on a temporary or relief basis only.
   3. In the case of temporary vacancies resulting from leaves of absence or temporary vacancies resulting from back filling behind leaves of absence, such temporary vacancies may be posted as "Temporary May Become Regular.  Such term will indicate that the status of the position and current incumbent may be changed from temporary to regular if it is later determined that the prior incumbent is not returning to their regular position."  The Employer will advise the Union and Employee in writing in advance of such changes becoming effective.
   4. The notice of posting referred to in this Article shall contain information related to:
      1. duties of the position;
      2. qualifications required;
      3. hours of work;
      4. status of position, and expected term if a temporary position; and
      5. classification.
   5. The Employer shall forward copies of the posting of vacancies of all positions within the bargaining unit as outlined in this Article to the Union within ten (10) calendar days of the posting.
2. Applications for newly created positions, transfers, or promotions shall be made, in writing, in a manner prescribed by the Employer.
3. The Employer shall, within ten (10) calendar days of making an appointment to fill the vacancy, provide notice of the name of the successful candidate with the posting number.    A copy of the notification shall be sent to the Union.  The Employer shall provide the Employee with a letter confirming, in writing, the transfer, promotion or selection into the vacancy.
4.  
   1. Where a vacancy for a temporary position has been filled by the appointment of a regular full-time or part-time Employee, and where, at the completion of the expected term of the temporary position, the Employer decides that the Employee is no longer required in that position, where possible they will be placed in another suitable position.  Such reinstatement or placement shall be without loss of seniority and at not less than the same rate of pay to which the Employee would be entitled had they remained in their former position.
      
      The reinstatement or placement of an Employee in accordance with this Clause shall not be construed as a violation of the posting provisions of this Article.
   2. Where a vacancy for a temporary position has been filled by the appointment of a casual Employee, and, where, at the completion of the expected term of the temporary position, the Employer decides that the Employee is no longer required in that position, they shall be reinstated to casual status.
   3. During the term of the temporary position, the incumbent Employee shall not be eligible to apply for other temporary positions that commence before the current temporary position ends, unless otherwise mutually agreed between the Employee and Employer.

5. When the Employer makes an appointment, promotion or transfer within the bargaining unit, the determining factors shall include:

   1. requisite job related skills;
   2. qualifications;
   3. ability;
   4. experience; and;
   5. work performance.

   Where these factors are considered to be equal and satisfactory by the Employer, seniority shall be the deciding factor.

6. Upon request by the Union, the Employer shall make available for viewing documents relevant to the hiring process and decision.
7. When an Employee is promoted to a classification to which is assigned a higher salary scale, the salary of such promoted Employee shall be advanced to that Step in the new pay range that is next higher than their current rate of pay or to the step which is next higher again if such salary increase is less than the Employee’s next normal increment on the former salary scale.  In the event that a promoted Employee is at the last increment in the scale for the classification held prior to the promotion, their salary shall be advanced to that step in the scale which is next higher than their current rate, or if such salary increase is less than the Employee’s last normal annual increase, they shall be advanced to the step which is next higher again in the scale.
8. An Employee's anniversary date for the purpose of qualifying for an annual increment shall be the effective date of the Employee's appointment to a new classification.
9. When, because of inability to perform the functions of a position or because of ill health or by their request, an Employee is transferred to a classification to which is assigned a lower salary scale, their rate will be adjusted immediately to that rate in the lower salary scale that will result in the recognition of service from the date the current period of continuous employment commenced.
10. Promotion shall not be used to fill a temporary vacancy of less than three (3) months.   In the event that an Employee is assigned to a classification with a higher salary scale in order to fill a temporary vacancy, the provisions of Article 17 shall apply.