Alberta Health Services Collective Agreement 2024-2028

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.

   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 in 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 a single external classification consultant (Appeal Chair) from the list of external consultants agreed to in Article 40.02(D)(f). Should the Union not refer the matter to the Appeal Chair within the stated time limit, 

2. Classification Review
   (A)  Reclassification Request

   1. An Employee who has good reason to believe that they are improperly classified may apply, in writing by electronic mail, to their immediate out-of-scope Manager to have their classification reviewed. This may occur when there has been a substantive change in the job functions, when there has been a change in organizational structure that significantly impacts roles, or when a classification specification has been amended in a manner that alters the basis on which classification levels are differentiated. The Employee making the request will indicate the reason(s) why they believe their position is inappropriately classified, including the changes that have occurred to the position, organization or classification specifications. In some circumstances, a classification review may be initiated in response to a long standing perceived inequity in how a position is classified. However, where a review has been previously conducted, Employees should not request a subsequent classification review unless there has been a substantive change as described above and no less than twelve (12) months has passed since the last review. Submissions must include an approved job description, in the event that a current job description is not available an Employee can initiate their written request so as to establish a potential effective date as per Article 40.03(a). The manager shall send a copy of the Employee’s request to Human Resources without delay, and shall confirm in writing to the Employee and the Union that the Employee’s request has been received. The manager shall advise the Employee of the results of the classification review within ninety (90) days of receiving the request. The notification shall be in writing and include rationale for the decision, specifically addressing the reasons for the review provided by the Employee.

   2. When reviewing a request for reclassification, the Employer shall follow the guidelines included in the Classification Specification User Manual. Requests are reviewed by the Employer. The evaluation of the role may include an audit of the role, including interviews with the Employee and the Employee’s Manager as needed.

   3. Should the Employee feel that they have not received proper consideration in regard to a classification review, they may request that the matter be referred to the Classification Appeal Process.

   (B)  Classification Appeal Request
   (a)  When an Employee wishes to have a classification decision further reviewed, the Employee, in consultation with the Union Representative (Classification Analyst or designate) shall submit a written request to the Employer (hereinafter for this article considered Human Resources – In-Scope Classification and Compensation) within thirty (30) days of the date the Employee received written notification of the classification decision. 
   
   The written request shall:
   (i)         outline the reason(s) the Employee believes the classification decision is not appropriate.
   (ii)        identify an existing classifications within the agreement they think is appropriate and how the current job duties fit within the proposed classification (rationale). 
   (iii)      any additional information and/or supporting documentation that is necessary or relevant to evaluate the request. 
   
   (b) Upon receipt of the request for appeal and complete information, a representative from the Employer and the Union representative will review all relevant documents from the Employee to determine validity of the appeal within thirty (30) days.
   
   (C)  Internal Appeal Process
   (a)       Following confirmation of appeal validity, as noted above, the Employer will conduct a further internal review based on the information provided, which will include discussions with the Employee, the Employee’s Manager and/or Director and the Union.  The Employer will provide a written response to the request for appeal to the Employee and Union within ninety (90) days and provide detailed rationale for the decision specifically addressing the reasons for the review provided by the Employee.
   
   (b)       In the event the Union and Employee do not agree with the decision, the Union may submit an appeal to the Executive Director (or designate), within thirty (30) days following the date the decision was communicated in (a) above.
   
   (c)       The Executive Director (or designate), shall meet with the Employer and the Union representative within sixty (60) days of the appeal being advanced to this level (Internal Appeal).  Both Parties shall submit their respective positions in writing to the other party and to the appeal chair no later than ten (10) days, prior to the date of the appeal hearing.
   
   (d)       The decision of the Executive Director (or designate), will be communicated to the Union within ten (10) days of the Internal Appeal hearing.
   
   (D)  External Appeal Process
   (a)       In the event the Union and Employee do not agree to the classification decision by the Executive Director (or designate), the Union may submit an appeal of the decision to the Employer within thirty (30) days of the reply from the Executive Director (or designate).
   
   (b)    The Parties agree that a single external classification consultant (Appeal Chair), agreed to by the Parties, shall be appointed to hear the appeal.  Decisions will be based on the Employer’s classifications, classification system, current approved job description, classification specifications and/or methodology, in effect. 
   
   (c)       The appeal hearing will be scheduled for both Parties to present their rationales and supporting documentation to the Appeal Chair.  This hearing shall be scheduled within sixty (60) days or within such period as may be mutually agreed between the Parties, from the date that the appeal was advanced to the external level.
   
   (d)       Both Parties shall submit their respective positions in writing to the other party and to the Appeal Chair no later than ten (10) days prior to the date of the appeal hearing.
   
   (e)       The Appeal Chair will review the information provided in writing and presented at the appeal hearing to render a decision within ten (10) days and the decision will be final and binding on both Parties.
   
   (f)        The Appeal Chair shall be selected from a standing list of consultants agreed to by the Parties.  The fees and expenses of the Appeal Chair shall be shared equally between the Parties. 

3. Salary Treatment Upon Classification Change

   1. Should an Employee be re-classified to a higher classification pursuant to the process outlined in 40.02 of this Article, any wage increase associated with the re-classification shall be retroactive to the date of the written request for the classification review by the Employee. The Employee shall move to the step on the salary scale of the higher classification in accordance with Article 29.08.

   2. Employees who are placed in a lower paid classification pursuant to the process outlined in 40.02 of this Article shall be red circled at the higher rate of pay until the lower paid classification is equal to or greater than their previous classification or for a period of twenty-four (24) months whichever is earlier, at which time the rate of pay shall be in accordance with the Salary Appendix in their revised classification.

4. Definition of Time Periods

   1. For the purpose of this Article, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays specified in Article 22.01(a).

   2. Time limits may be extended by mutual agreement, in writing, between the Union and the Employer.