Alberta Precision Laboratories

LETTER OF UNDERSTANDING #28

 BETWEEN

ALBERTA PRECISION LABORATORIES
(hereinafter referred to as the Employer) 

AND

HEALTH SCIENCES ASSOCIATION OF ALBERTA
(hereinafter referred to as the Union) 

RE: APPEAL PROCESS

Reclassification Appeals Process

The parties agree to a process for reclassification appeals one (1) year from date of signing. Either party may request an extension of that time period and such request shall not be unreasonable denied.

The following process will temporarily replace the process indicated in Article 40.02(B) (Internal Appeal Process), 40.02(C) (External Appeal Process) and 40.03 (Dispute Resolution) of the collective agreement between The Health Sciences Association of Alberta and Alberta Precision Laboratories.

Classification Appeal Request

When an Employee wishes to have a classification decision further reviewed, the Employee, in consultation with the Union Representative (Classification Analyst) shall submit a written request to the Employer (Human Resources – Job Evaluation) within thirty (30) days of the time the Employee received written notification of the classification decision.

The written request shall:

Outline the reason(s) the Employee believes the classification decision is not appropriate.

Identify an existing classification within the agreement they think is appropriate and how the current job duties fit within the proposed classification (rationale).

Any additional information and/or supporting documentation that is necessary or relevant to evaluate the request.

Upon receipt of the request for appeal and complete information, a representative from the Employer (Human Resources – Job Evaluation) and the Union Representative (Classification Analyst) will review all relevant documents from the Employee to determine validity of the appeal within thirty (30) days.

Internal Appeal Process

Following confirmation of appeal validity, as noted above, the Employer (Human Resources – Job Evaluation) 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 (Human Resources – Job Evaluation) 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.

In the event the Union and Employee do not agree with the decision, the Union may submit an appeal to the Director, Job Evaluation (or designate), within thirty (30) days following the date the decision was communicated in (i) above.

The Director, Job Evaluation (or designate), shall meet with the Employer (Human Resources – Job Evaluation) and the Union Representative (Classification Analyst) 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.

The decision of the Director, Job Evaluation (or designate), will be communicated to the Union within ten (10) days of the internal appeal hearing.

External Appeal Process

In the event the Union and Employee do not agree to the classification decision by the Director, Job Evaluation (or designate), the Union may submit an appeal of the decision to the Employer (Human Resources) within thirty (30) days of the reply from the Director, Job Evaluation.

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, job profiles and/or methodology, in effect within Alberta Precision Laboratories.

The appeal hearing will be scheduled for both parties to present their rationales and supporting documentation to the classification consultant. 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.

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.

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.

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.

Salary treatment upon classification change shall be in accordance with Article 40.04 (a) and (b) of the Collective Agreement.

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

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