Mosaic Primary Care Network Collective Agreement 2023 - 2027

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 ten (10) calendar days in advance of making an appointment. For purposes of this     clause, electronic posting of vacancies will satisfy the posting requirement. The    Employer will endeavour to provide Employees with on-line access to electronic postings.
   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 Employees in trial positions, positions with temporary funding or back filling positions for leaves of absence, these temporary vacancies may be posted as "Temporary May Become Regular”.  The posting will indicate that the status of the position and current incumbent may be changed from temporary to regular Employee if it is later determined that the prior incumbent is not returning to their regular position, or the temporary funded position becomes permanent.  The Employer will advise the Union and Employee in writing in advance of such changes becoming effective.
   4. Subject to Article 29.05 where vacancies are filled, first consideration shall be given to Employees who are already members of the bargaining unit.
   5. 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;
      6. classification, and
      7. work site(s) and/or program.
   6. 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 made in a manner prescribed by the Employer.
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 who were interviewed, 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, the Employee will return to their original position. If the original position is no longer available, the Employee will maintain their original status.  The Employee will be offered work in an alternate position. Should no alternate position be available they will receive notice in accordance with Article 30.
   2. 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.
   3. 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.
6. Upon the request of the Union, the Employer and Union shall meet (in-person or via telephone) to discuss the criteria and process 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 sixty-five (465) 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 by agreement between the Union and the Employer. The Employer shall provide an evaluation of the Employee prior to the completion of the trial period. Should such Employee fail to succeed or request to return to their former position/status, during the aforementioned trial period, the Employer shall reinstate the Employee in their former position/status.
   2. Pursuant to Article 29, an Employee who achieves a transfer to a different position shall be transferred in a timely manner. Should the agreed upon transfer date be delayed by the Employer by more than twenty-eight (28) days, the Employee shall suffer no loss of income as a result of the delay.
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. 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 and experience with the Employer.