CapitalCare Collective Agreement 2020-2024

Article 29: Promotions, Transfers and Vacancies

1.  
   1. Vacancies within the bargaining unit for Full-Time and Part-Time positions, and Temporary positions of three (3) months or more, shall be posted not less than seven (7) calendar days in advance of making an appointment. For purposes of this clause, electronic posting of vacancies will satisfy the posting requirement.
   2. Where circumstances require the Employer to fill a posted vacancy before the expiry of seven (7) calendar days, the appointment shall be made on a temporary or relief basis only.
   3. Where vacancies are filled, first consideration shall be given to Employees who are already members of the bargaining unit who have the qualifications, experience and performance applicable to the position.
   4. The notice of posting referred to in Article 29.01(a) shall contain the following information:
      1. duties of the position;
      2. qualifications required;
      3. hours of work and FTE;
      4. status of position (Regular, Temporary, Casual);
      5. expected term if the position is Temporary;
      6. salary; and
      7. for information purposes, work Site/Program.
   5. The Employer shall forward copies of the posting of vacancies of all positions within the bargaining unit as outlined in Article 29.01(a) to the appropriate Union office within seven (7) calendar days of the posting.
2. Applications for newly created positions, transfers, or promotions shall be submitted as per the Employer’s process.
3. The appropriate Union office shall be advised of the name of the successful applicant of a posting for a position in the bargaining unit within seven (7) calendar days of the appointment.  Where an Employee in the bargaining unit has applied on the posting, the name of the successful applicant shall be communicated in writing to the applicants in the bargaining unit within seven (7) calendar days of the appointment.
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, during or at the completion of the expected term of the Temporary position, the Employee decides to return, or the Employer decides that the Employee is no longer required in that position, they shall be reinstated in their former position.  If such reinstatement is not possible, the Employee shall 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. A Regular Employee achieving a temporary position shall maintain their status as a Regular Employee. 
      
      The reinstatement or placement of an Employee in accordance with Article 29.04(a) shall not be construed as a violation of the posting provisions of Article 29.01.
   2. Where a vacancy for a Temporary position has been filled by the appointment of a Casual Employee, and, where, during or at the completion of the expected term of the Temporary position, the Employee decides to return, or 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 the Employer.
5. 1. In making promotions and transfers, experience, performance and qualifications applicable to the position shall be the primary consideration. Where these factors are adjudged by the Employer to be relatively equal, seniority shall be the deciding factor.
   2. If all applicants for a vacancy are Casual Employees, experience, performance and qualifications applicable to the position shall be the primary consideration. Where these factors are adjudged by the Employer to be relatively equal, the position shall be awarded to the Casual Employee who has the greatest number of hours worked in the classification with the Employer.
6. 1. Bargaining unit members who are not the successful applicant for a posting may request to meet with the hiring Manager to review the experience, performance and qualifications of the position and discuss what steps they may take to prepare them for success in the future.
   2. Upon request of either party, the Employer and the Union shall discuss the criteria utilized in awarding a promotion or transfer.
7. 1. All transfers and promotions shall be on a trial basis. The transferred or promoted Employee will be given a trial period of four hundred and eighty-eight point two five (488.25) regular hours worked in which to demonstrate their ability to perform the new tasks to the satisfaction of the Employer.
   2. Such trial period may be extended by agreement between the Union and the Employer. The Employer will provide an evaluation of the Employee prior to the completion of the trial period.
   3. An Employee who is transferred before completing their probationary period shall complete their trial period concurrently with their probationary period.  In all such cases, the probationary period conditions outlined in Article 9 remain in effect until completed.
   4. Should such Employee fail to succeed or request to return to their former position during the aforementioned trial period, the Employer will make a sincere effort to reinstate the Employee in their former position, or, if such reinstatement is not possible, place the Employee 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.
8. 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 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.  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.
9. An Employee’s anniversary date for the purpose of qualifying for an annual increment shall not be changed as a result of a promotion.
10. 1. When, because of inability to perform the functions of a position or by their request, an Employee is transferred to a classification to which is assigned a lower salary scale, their rate will be adjusted to the step in the lower salary scale that will result in the recognition of service as provided in Article 15 (Recognition of Previous Experience).
    2. When, because of inability to perform the functions of a position due to illness or injury, an Employee 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.
11. 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 18 (Temporary Assignments) shall apply.
12. Employment in Multiple Positions
    1. The parties agree that this applies to Employees who hold more than one (1) Regular Part-Time position within the bargaining unit or to Employees who subsequently attain more than one (1) Regular Part-Time position within the bargaining unit.
    2. An Employee is responsible for notifying their Supervisor that they are employed in multiple Regular Part-Time positions with the Employer.
    3. 1. Employees shall not be employed within the bargaining unit in greater than Full-Time hours.
       2. Notwithstanding the above, an Employee who holds a Regular Part-Time position(s) may work additional shifts, however, it is intended that the total hours will not exceed Full-Time hours, and in any case, shall not contravene this Collective Agreement.
       3. Employees holding two (2) Regular Part-Time positions which total the equivalent of one (1) FTE will continue to be considered a Part-Time Employee in each respective position.
    4. Subject to the Employer’s operational ability to do so, the Employer agrees to combine the regular hours of work of multiple positions held by an Employee for the purpose of benefit eligibility, personal leave, vacation, sick leave, named holidays, increments, placement on the salary appendix, and seniority, provided that the following conditions are met:
       1. the total hours of the positions do not exceed seven and three-quarter (7 3/4) hours per day, and an average of seventy-seven and one half (77 1/2) work hours in a fourteen (14) day period, as defined in this Collective Agreement; and
       2. the regular hours of work to be combined are associated with Regular Part-Time positions; and
       3. the positions are in the same classification and their schedules can be merged, or the Employer and Employee mutually agree to waive the scheduling provision of Article 11 (Work Schedules & Shifts) in the Collective Agreement.
    5. Where the regular hours of work of multiple positions cannot be combined in accordance with (iii) above because they are in different classifications, they may be combined for the purposes of determining benefit eligibility only.
    6. An Employee who holds multiple positions would have their salary adjusted to the highest increment level achieved in any of the positions currently held providing that the positions are in the same classification. The time period for any further increment advancement would include any regular hours already worked and not credited towards the next increment level.
    7. An Employee who holds multiple positions would have the earliest “seniority date” recognized for the purposes of Article 28 (Seniority).
    8. Probation and trial periods will apply to each component of the multiple positions.  Probation is completed upon the successful completion of the first probationary period, with probation in second and subsequent positions reverting to a trial period within the provisions of the Collective Agreement, except that there shall be no obligation on the Employer’s behalf to reinstate the Employee in their former position.
    9. Layoff and recall provisions shall apply individually to each position.
    10. An Employee who holds multiple positions and who fails to report for work as scheduled due to a conflict in schedules may be required to relinquish one of the positions.
    11. An Employee who accepts multiple positions acknowledges the Employer’s requirement to manage shift scheduling based on operational need.  If a schedule changes as a result of operational requirements, then an Employee may be required to resign one (1) or more of their positions.  Should an Employee be required to resign from a position(s) under these circumstances, they shall be given twenty-eight (28) days notice of such requirement or such lesser time as may be agreed between the Employer and the Union.
    12. The Employer reserves the right to deny or terminate multiple position situations based on operational requirements or health and safety factors, subject to all provisions of the Collective Agreement.