Mosaic Primary Care Network Collective Agreement 2023 - 2027

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 classification title and a salary scale and give written notice of same to the Union of the new classification and the proposed salary scale.
   2. If the Union does not agree with the classification 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 classification 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 classification title, it is understood that the Employer’s decision with respect to the classification 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 the Alternate Resolution Process.  Should the Union not refer the matter to the Alternate Resolution Process within the stated time limit, the final position of the Employer, as stated in negotiations, shall be implemented.

40.02(A)  Classification Review

(a) An Employee who has good and sufficient reason to believe that they are improperly classified, may apply in writing by electronic mail to their immediate out-of-scope Supervisor/Manager with a copy to the Human Resources Department to have their classification reviewed.  This may occur when there has been a substantive change to the primary duties and responsibilities of a position, or when there has been a change in organizational structure that significantly impacts the role.

The Employee’s application shall include:

(i)    Rationale/reason(s) for the classification review.
(ii)    Identify an existing appropriate classification title within the Collective Agreement for the position and provide rationale on how the current job duties fit within the proposed classification.
(iii)    Approved Job Description 
(iv)    Any additional information and/or supporting documentation that is necessary or relevant to review the request.
 

The Human Resources Department will review the request and render a classification decision based on the current approved job description and/or job methodology in effect with the Employer.

The Human Resources Department will provide a written decision including rationale to the Employee within ninety (90) days of receiving the Employee’s complete request.

An Employee may only request one review of their position during the term of the Collective Agreement unless a substantive change to the duties or responsibilities has occurred.

(b) An Employee whose position is reclassified to a higher basic rate of pay pursuant to the process outlined in this Article, shall see any wage increase associated with the reclassification retroactive to the date of the written completed application by the Employee. The Employee shall move to the step on the salary scale of the higher classification in accordance with Article 29.08: Promotions, Transfers and Vacancies.

(c) An Employee whose position is reclassified to a lower basic rate of pay pursuant to the process outlined in this Article, shall be red circled at the higher rate of pay until the lower basic rate of pay is equal to or greater than their previous classification or for a period of twenty-four (24) months whichever is earlier. 

40.02(B) Classification Appeal Review

(a) Should the Employee feel that they have not received proper consideration in regard to a classification review, within fifteen (15) days of receiving the written decision from the Human Resources Department, they may request that the matter be further reviewed by discussion between the Union and the Employer. The written request should:

(i) confirm their desire for an additional review of the classification decision, and

(ii) outline the reason the Employee believes the classification decision is not appropriate. 

(iii) If a request is not initiated within fifteen (15) days, the matter is considered resolved and further action cannot be initiated for the term of the Collective Agreement.

(b) In the event that the Union and the Employer do not agree, the Union may advance the appeal to the Director of Business Operations (or designate) within fifteen (15) days of the discussion between the Union and the Employer. The Director of Business Operations will meet with the Employer (Employee, Supervisor/Manager and HR Manager) and Union Representative (Classification) within sixty (60) days of the appeal being advanced.

(c) The decision of the Director of Business Operations (or designate) will be communicated to the Employer (Employee Supervisor/Manager and HR Manager) and Union Representative (Classification) for HR to distribute to the Employee within ten (10) days of rendering the decision. The decision of the Director of Business Operations will be final and binding and not subject to the Grievance and Arbitration procedure.

(d) Where a decision from the Director of Business Operations results in an increase in pay, such pay increase will be effective the date the Employee submitted the completed original request for review.

40.03  For the purposes of this Article, periods of time referred to in days shall be deemed to mean such period of time calculated on consecutive calendar days exclusive of Saturdays, Sundays, and Named Holidays specified in Article 22.