CapitalCare Collective Agreement 2020-2024

Article 40: Job Classifications

1. New Classifications
   If the Employer creates a new classification which belongs in the bargaining unit and which is not now designated in this Collective Agreement, or if a new classification is included in the bargaining unit by the Labour Relations Board, the following provisions shall apply:
   1. The Employer shall establish a position title and a salary scale and give written notice of same to the Union.
   2. If the Union does not agree with the position title and/or the salary scale, representatives of the Employer and the Union, shall, within thirty (30) days of the creation of the new classification or the inclusion of a new classification in the bargaining unit, meet for the purpose of establishing a position title and salary scale for the new classification.
   3. Should the parties, through discussion and negotiation, agree in regard to a salary scale for the new classification the salary scale shall be retroactive to the date that the new classification was implemented.
   4. Should the parties through discussion and negotiation not be able to agree to a position title, it is understood that the Employer's decision in respect to the position title shall not be subject to the Grievance and Arbitration procedure contained in this Collective Agreement or in the code.
   5. Should the parties not be able to agree, the Union may, within sixty (60) days of the date the new classification was created or included in the bargaining unit, refer the salary scale to arbitration.  Should the Union not refer the matter to arbitration within the stated time limit, the final position of the Employer, as stated in negotiations, shall be implemented.
2. Classification Review
   1. An Employee who has good reason to believe that they are improperly classified may apply in writing to the Manager of the Department to have their classification reviewed.  The Manager of the Department will give consideration to such application and notify the Employee of their decision within ninety (90) days of receipt of the application.
   2. Should the Employee feel that they have not received proper consideration in regard to a classification review, they may request that the matter be further reviewed by discussion between the Union and the Employer.
   3. The Employer shall notify the Union of their position within thirty (30) days of the matter being brought to them by the Union.
   4. 1. Where the decision of the Employer relates to an Employee-initiated request for a change in classification, the Employer's decision shall not be subject to the Grievance Procedure and Arbitration.
      2. Where the decision of the Employer relates to an Employer-initiated down-grading in classification, the affected Employee shall be entitled to use the Grievance Procedure and Arbitration.