Carewest 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 the purpose of this clause, electronic posting of vacancies will satisfy the posting requirement. The Employer will endeavour to provide Employees with online access to electronic postings where resources or access is limited.
   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 casual basis only.
   3. Subject to Article 29.05 where vacancies are filled, first consideration shall be given to Employees who are already members of the bargaining unit.
   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;
      4. status of position, and expected term if a temporary position;
      5. salary; and
      6. for information purposes only, current site(s).
   5. The Employer shall forward copies of the posting for each vacancy within the bargaining unit as outlined in Article 29.01(a). The posting shall be forwarded to the Union office within seven (7) calendar days of the posting.
2. Applications for newly created positions, transfers, or promotions shall be made, in writing, to the Employer. For the purpose of this clause, electronic application on posted vacancies will satisfy the written requirement. The Employer will endeavor to provide Employees with online access for the purposes of application to the electronic posting where resources or access is limited.
3. The Union 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, 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 in their former position. If such reinstatement is not possible, the Employer will notify the Employee in writing and such reasons shall be given, then 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.
      
      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, 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.
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 Employee who has the greatest number of hours worked with the Employer. 

6. 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) hours worked, exclusive of overtime, in which to demonstrate their ability to perform the new tasks to the satisfaction of the Employer.  Such trial period may be extended.  The Employer shall provide an evaluation of the Employee prior to the completion of the trial period.  
   
   During the trial period, the Employee may either:

   1. be returned by the Employer to the Employee’s former position; or
   2. return to their former position provided it is still vacant.

   In circumstances where returning to their former position is no longer available (e.g., it is no longer vacant), the Employer shall place the Employee in another suitable position within the center without loss of seniority and at a rate of pay equivalent to that of their former position.
   
   The return of an Employee to their former position or placement into another suitable vacant position within the centre during their trial period is not a contravention of this Collective Agreement.
   
   Where the Employer extends the Employee’s trial period or returns them to their former position, they shall advise the Union of their actions and the reasons for their decisions.

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 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.
8. An Employee’s anniversary date for the purpose of qualifying for an annual increment shall not be changed as a result of a promotion.
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 the step 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 18 shall apply.
11. In instances where a Regular Employee accepts a temporary position which is outside the scope of this bargaining unit, the resulting vacancy shall be posted as a temporary position not to exceed 12 (twelve) months. During this period, the former Employee may be reinstated into their former position. The Union shall be notified whenever this clause is applied. Extensions may be granted upon mutual agreement. For the purposes of this clause, seniority will continue to accumulate.