Alberta Precision Laboratories

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. 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. 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 40.04(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) calendar 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 Internal Appeal Process.

   2. Internal Appeal Process
      
      NOTE: Refer to Letter of Understanding #28 Re: Appeal Process

      1. When an Employee wishes to have a classification decision further reviewed, the Employee, in consultation with the Union should submit a written request to the Employer within thirty (30) calendar days of the date the Employee became reasonably aware of the classification decision. The written request should:

         1. Confirm the desire for additional review of the classification allocation.

         2. Outline the reason the Employee believes the classification allocation is not appropriate. The reasons should specifically detail how their job duties fit within the classification specification they think is appropriate.
         3. Include any additional information that the Employee believes is necessary to evaluate the request.
      2. The Employer will conduct an internal review, which may 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 the Union within ninety (90) calendar days and provide detailed rationale for the decision specifically addressing the reasons for the review provided by the Employee.
      3. Should the Union in consultation with the Employee not be satisfied with the internal appeal decision of the Employer, they may refer the matter to the External Appeal Process.
   3. External Appeal Process
      
      NOTE: Refer to Letter of Understanding #28 Re: Appeal Process
      1. A classification decision may be referred to the External Appeal Process within sixty (60) calendar days of the date the Employee received the written response to the Internal Appeal. The request shall be in writing and sent to the Manager, with a copy to Human Resources and the Union.
      2. Within thirty (30) calendar days of receipt of the request for External Appeal, the Employer and the Union will exchange all relevant documents to assist in the External Appeal. The documents would normally include, though not limited to, the following:
         1. a copy of the reclassification request, an approved job description with all corresponding rationale and documents used in support of the reclassification request; and
         2. copies of all the Employer responses, including all corresponding rationale and documents used in making the internal decision of the Employer and any corresponding rationale and documents used by the Union and/or Employee in support of the request.
      3. Within thirty (30) calendar days of the exchange of information, the Employer and the Union may meet to review and discuss all relevant Employer and Union documents in order to resolve the matter and/or refer the appeal to a third-party classification consultant. An appeal hearing will be scheduled for the Employer and Union to present their rationales and supporting documentation to the classification consultant.
      4. The third-party classification consultant should review the information provided and review the classification allocation on the basis of the classification specifications and the Classification Specification User Manual and determine the appropriate classification allocation for the position. The decision of the third-party consultant will be final and binding.
      5. The third-party consultant shall be selected from a standing list of consultants agreed to by the parties. The standing list will be reviewed annually.
      6. In the event that the parties are unable to agree to a third-party consultant, a name shall be randomly selected from the agreed to list.

3. Dispute Resolution
   
   NOTE: Refer to Letter of Understanding #28 Re: Appeal Process
   
   Pursuant to the Process Outlined In 40.02 of this Article:

   1. Where the decision of the Employer relates to an Employee-initiated request for a change in classification, the Employer’s decision shall be subject to the appeal process outlined above and not 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.

4. 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.

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