Canadian Blood Services (Technical) Collective Agreement 2021-2024

Article 12: Promotions, Transfers and Vacancies

1.  
   1. A "promotion" is an advancement from a position classification in a lower pay range to a position classification in a higher pay range, both positions being in this bargaining unit in the same Centre.
   2. A "demotion" is a movement from a position classification in a higher pay range to a position classification in a lower pay range, both positions being in this bargaining unit in the same Centre.
   3. A "voluntary transfer" may be a demotion as outlined in (b) above, or movement from one position classification to another position classification having the same pay range, both positions being in this bargaining unit in the same Centre.
2. " Change of Status"
   1. On appointment to a regular full-time position, all benefits of this Agreement that were not previously applicable will apply and commence to accrue from the date of appointment to the regular full-time position subject to the regulations and eligibility requirements applicable to regular full-time Employees.
   2. A regular part-time or temporary full-time and temporary part-time Employee who, upon being appointed to fill a regular full-time position had some earned but unused sick leave credits accrued up to the date of conversion of their employment status, can make use of those remaining sick leave credits if and when they fall sick during the trial period.  The Employee’s "future" anniversary date shall be as specified under Article 12.08.
   3. Further to the above, the Employee will retain their accumulated service credits for the purpose of calculating vacation entitlement in the regular full-time position.
   4. When a regular part-time, temporary part-time or casual Employee transfers into a temporary full-time position, their status will be changed to temporary fulltime for the duration of the assignment, after which they shall revert to their regular status (e.g. regular part-time, casual) where applicable.
   5. A temporary (full time/part time), regular part-time or a casual Employee who voluntarily transfers to a regular full-time position shall be credited with  entitlements earned during their period of employment.
      1. Salary anniversary increments will be established in accordance with Article 12.09 (a) or (b) as applicable.
      2. Vacation entitlement for temporary and regular part time Employees will be based on the Employee’s years of service as applicable under Article 13.04 (a), and thereafter, vacation accumulation shall be applied as set out under Article 13.03 commencing on date of transfer to the regular full-time position.
      3. Vacation entitlement and vacation anniversary date for casual Employees will be established by using the calculation set out under 11.01 (b) and thereafter, the provisions of Article 13.03 will apply, commencing on the date of transfer to the regular full-time position.
      4. Employees will be eligible to sick leave benefits set out under Article 15.05 commencing on the date of transfer to the regular full-time position.  If applicable, Employees shall have access to accrued sick leave credits in accordance with 12.02 (b). 
         
         A sick leave entitlement will be established by dividing all regular hours worked since their most recent date of employment in the bargaining unit by 1950 hours and converting the result to a date. Thereafter, this date shall be the anniversary date for sick leave entitlement.  The Employee will be placed on the schedule set out under Article 15.05 based on years of service established using the above calculation.
      5. Seniority shall accrue in accordance with Article 11.01 (a) or (b) as applicable.
   6. A temporary (full time/part time) or casual Employee who voluntarily transfers to a regular part time position shall be credited with the following entitlements earned during the period of their employment:
      1. Salary anniversary increments will be calculated in accordance with Article 25.05 as applicable commencing on the date of transfer.
      2. Vacation entitlement for temporary Employees will continue to be based on the provisions set out under 13.04 (a).  (Vacation entitlement for a casual Employee shall be established in accordance with (d) below).
      3. Sick leave credits for temporary Employees will continue to accrue in accordance with Article 15.08. 
         
         For casual Employees, sick leave accumulation shall commence on the date of transfer to the part time position as set out under Article 15.08.
      4. Seniority shall accrue in accordance with Article 11.01 (a) or (b) as applicable.
3. Vacancies

   1. The Employer shall post electronic notices of vacancies for regular full-time, regular part-time and temporary positions within the bargaining unit for not less than six (6) calendar days prior to an appointment being made.

   2. Notice of a posting shall contain the following information: brief description of the required duties and qualifications, full time equivalent (FTE – i.e., 0.5), status of the position, expected term if a temporary position, salary, site.

   3. When circumstances require the Employer to fill a vacancy before the expiration of six (6) calendar days, the appointment shall be made on a temporary or relief basis only.

4.  

   1. All applications for positions shall be submitted through the employer’s online application tool.

   2. Applicants shall be informed in writing of their acceptance within five (5) calendar days of the date of the appointment.  Unsuccessful applicants shall also be notified in writing.

   3. The Employer shall provide the Union with copies of the posting of vacancies of all positions within the bargaining unit as outlined in Article 12.03 (a) within five (5) calendar days of the posting.

   4. The name of the successful applicant shall be given to the Union within five (5) calendar days of the appointment.

5.  

   1. In filling vacancies, skill, education, training, knowledge, efficiency and other relevant attributes shall be the primary consideration. Where these factors are considered by the Employer to be relatively equal, seniority within the bargaining unit will be the deciding factor.

   2. If all applicants for a vacancy are casual Employees, skill, education, training, knowledge, efficiency and other relevant attributes shall be the primary consideration. Where these factors are considered by the Employer to be relatively equal, hours worked within the bargaining unit will be the deciding factor. 

   3. Subject to meeting the requirements of the posted vacancy, members of the bargaining unit will be given first consideration over external applicants when vacancies are filled. 

   4. Upon request, the Union shall be provided with relevant information regarding the competition in question.

6.  

   1. All promotions and transfers shall be on a trial basis. The Employee will serve a trial period of four hundred eighty-eight point two five (488.25) regular hours worked to demonstrate their ability to perform the duties and responsibilities of the new position to the satisfaction of the Employer. The trial period may be extended for up to an additional three hundred (300) regular hours worked by mutual agreement of the Employer and Union. The Employer shall provide an evaluation of the employee prior to the extension of the trial period. Should the Employee fail to meet the requirements during the trial period, or should the Employee request to return to their former position / status, the Employer will reinstate the Employee in their former position or in a position equivalent to their former position without loss of seniority and at a rate of pay equivalent to that which they held in their former position.

   2. An Employee shall not serve such trial period when changing from part-time to full-time, or vice versa, within the same classification, but shall complete the balance of any trial period that has not been served in the classification.

7.  

   1. When an Employee is promoted to a classification to which a higher salary scale is assigned, (i.e. from a Medical Laboratory Technologist I to a Medical Laboratory Technologist II), the salary of such promoted Employee shall be advanced to that step in the new scale which is next higher than their current rate 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.  If the 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.

   2. When an Employee has transferred to a classification with the same salary scale (i.e., from a Clerk Typist, Administration to a Clerk Typist, Laboratory, etc.), then their salary shall remain the same.

   3. When an Employee has transferred to a classification with a lower salary scale, then their salary shall be changed to the same step of the new classification's salary scale, unless the provisions of Article 27 would provide for a higher placement on the new classification’s salary scale.

   4. When an employee is accommodated into a classification in the bargaining unit to which is assigned a lower salary scale, they shall move to the pay step of the lower salary scale that is closest to but not higher than their present Basic Rate of Pay.

8. An Employee’s anniversary date for the purpose of an annual increment shall not be changed as a result of a promotion.

9. Transfers to Full-time Positions

   1. When a temporary full-time Employee is appointed to a regular full-time position, their anniversary date for annual increments will be the date of employment in the temporary full-time position.

   2. When a regular part-time, temporary part-time, or casual Employee is the successful applicant to fill a regular full-time position, the number of regular paid hours from the date they started employment as a regular part-time, temporary part-time or casual Employee in such position or from the date they received their last pay increment in such position shall be determined.  These numbers of regular paid hours shall be credited for the purpose of determining their anniversary date for annual increments. If, for example, they had eighteen hundred (1800) regular paid hours as a regular part-time, temporary part-time or casual Employee on the date when they were appointed to the regular full-time position, they need to accrue only one hundred and fifty (150) regular paid hours more, from that date, to entitle them to an anniversary increment.  From then on, this date shall be their new anniversary date for future pay increments purposes.
      
      All leaves of absence with pay, vacations, leaves of absence for Union business, periods of sick leave with pay, and while in receipt of Workers’ Compensation benefits (average hours in last two weeks worked), shall be considered as regular paid hours for the purpose of calculating salary increments in accordance with this Article 12.08 (b).

10.  

    1. Where a vacancy for a temporary position has been filled by the appointment of a regular full-time or regular part-time Employee, and when at the completion of the expected term of the temporary position or when the Employer determines the Employee is no longer required in that position, they shall be returned to their former position and status. If such reinstatement is not possible, the Employee shall be placed in another suitable position. Such reinstatement or placement in a suitable position will 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.
       
       A regular full-time Employee’s employment status will not change on appointment to the temporary position.
       
       The reinstatement or placement of an Employee in accordance with Article 12.09 (a) shall not be construed as a violation of the posting provisions of Article 12.

    2. Where a vacancy for a temporary position has been filled by the appointment of a casual Employee, and when at the completion of the expected term of the temporary position or when the Employer determines the Employee is no longer required in that position, they shall revert back to their casual status.

11.  

    1. Regular full time and regular part time Employees, at the time of hire, or in the case of permanent transfer, shall be issued a letter stating their employment status, their eligibility for benefits, their basic rate of pay, and their number of hours of scheduled work per pay period as determined over an eight (8) week period. These hours are not to be construed as a guarantee of hours of work or pay. 

    2. Temporary and casual Employees, at the time of hire, shall be issued a letter stating their employment status and their basic rate of pay. In the case of temporary Employees, the letter will identify the approximate duration of the assignment, basic rate of pay and the approximate number of hours of scheduled work per pay period.  These hours are not to be construed as a guarantee of hours of work or pay. 

12. An employee who is a member of this bargaining unit and who transfers to another site to which this Collective Agreement applies shall be entitled all the provisions of this Collective Agreement provided they are employed in the same classification at the location to which they have been transferred.  For an employee who transfers to a different classification, placement on the salary scale and anniversary date shall be governed by the provisions of the Collective Agreement as outlined under article 12.