Covenant Health Collective Agreement 2020-2024

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 eight (8) 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 provide Employees with on-line access to electronic postings.

   2. Where circumstances require the Employer to fill a posted vacancy before the expiry of eight (8) calendar days, the appointment shall be made on a temporary or relief basis only.

   3. Subject to Article 29.05 where vacancies are filled, first consideration shall be given to Employees who are already members of the bargaining unit. 

   4. 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; and

      6. for information purposes only, current Site(s).

   5. 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 to the Employer using the acceptable method as outlined by the Employer.

3. The appropriate Union office shall be advised of the name of the successful applicant of a posting for a position in the bargaining unit within eight (8) 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 in the bargaining unit within eight (8) 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, they shall be reinstated in their former position. If such reinstatement is not possible, the Employer will notify the Employee in writing and reasons shall be given, then the Employee shall be placed in another suitable position. Such reinstatement or placement shall be without loss of seniority and at not less than the same rate of pay to which the Employee would be entitled had they remained in their former position.
      
      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.

   2. 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.

   3. During the term of the temporary position, the incumbent Employee shall not be eligible to apply for other temporary positions that commence before the current temporary position ends unless otherwise mutually agreed between the Employee and the Employer.

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. Where these factors are adjudged by the Employer to be relatively equal, the position shall be awarded to the Employee who has the greatest number of hours worked with the Employer.

6. For each promotion or transfer, the Employer shall weigh the criteria as applicable to the position and document the rationale for their selection decision.  Upon request, the Union shall be provided with the rationale and applicable documentation. 

Note: Clause 29.07(a) amended for EMS in Local Conditions (Page 170)

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 eighty-eight point two five (488.25) 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 will make a sincere effort to reinstate the Employee in their former position/status, or, if such reinstatement is not possible, place the Employee in another suitable position. Such reinstatement or placement shall be without loss of seniority and at not less than the same rate of pay to which the Employee would be entitled had they remained 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.  

    1. When, because of inability to perform the functions of a position or by the Employee’s request, an Employee is transferred to a classification to which is assigned a lower salary scale, their rate will be adjusted immediately to the step in the lower salary scale that will result in the recognition of service as provided in Article 15.

    2. When, because of inability to perform the functions of a position due to illness or injury, an Employee accommodated into a classification to which a lower salary scale is assigned, they shall move to the pay step of the lower salary scale that is closest to but not higher than their present Basic Rate of Pay.

       1. The Employee may be required to provide proof satisfactory to the Employer to support the need for accommodation.

       2. Such placements shall be deemed not to be a violation of the posting and selection provisions of this Article. 

11. Promotion shall not be used to fill a temporary vacancy of less than three (3) months. In the event that an Employee is assigned to a classification with a higher salary scale in order to fill a temporary vacancy, the provisions of Article 18 shall apply.

12. Employment in Multiple Positions

    1. The Parties agree that this applies to Employees who hold more than one (1) position within the bargaining unit or to Employees who subsequently attain more than one (1) position within the bargaining unit.

    2. An Employee is responsible for notifying they supervisor that they are employed in multiple positions with the Employer.

    3.  

       1. Employees shall not be employed within the bargaining unit in greater than full-time capacity.

       2. Notwithstanding the above, an Employee who holds a part-time position(s) may work additional shifts, however, it is intended that the total hours will not normally exceed full-time hours, and in any case shall not contravene this Article.

    4. Subject to the Employer's operational ability to do so, the Employer agrees to combine the regular hours of work of multiple positions held by an Employee for the purpose of benefit eligibility, Vacation, Sick Leave, Named Holidays, Increments, placement on the Salary Appendix and Seniority, provided that the following conditions are met:

       1. the total hours of the positions do not exceed full-time employment as defined in this Collective Agreement; and

       2. the regular hours of work to be combined are associated with regular part-time positions; and

       3. the positions are in the same classification and their schedules can be made Collective Agreement compliant or the Employer and Employee mutually agree to waive the scheduling provision of Article 11 in the Collective Agreement.

    5. Where the regular hours of work of multiple positions cannot be combined in accordance with (iii) above, because they are in different classifications, they may be combined for the purposes of determining benefit eligibility only.

    6. An Employee who holds multiple positions would have their salary adjusted to the highest increment level achieved in any of the positions currently held, providing that the positions are the same classification. The period for any further increment advancement would include any regular hours already worked and not credited towards the next increment level.

    7. An Employee who holds multiple positions would have the earliest “seniority date” recognized for the purpose of Article 28.

    8. Probation and trial periods will apply to each component of the multiple positions. Probation is completed upon the successful completion of the first (1st) probationary period, with probation in second (2nd) and subsequent positions reverting to a trial period within the provisions of the Collective Agreement except that there shall be no obligation on the Employer's behalf to reinstate the Employee in their former position.

    9. Layoff and recall provisions shall apply individually to each position.

    10. An Employee who holds multiple positions, and who fails to report for work as scheduled due to a conflict in schedules, may be required to relinquish one (1) of the positions.

    11. An Employee who accepts multiple positions acknowledges the Employer's requirement to manage shift scheduling based on operational need. If a schedule changes as a result of operational requirements, then an Employee may be required to resign one or more of their positions. Should an Employee be required to resign from a position(s) under these circumstances, they shall be given twenty-eight (28) days’ notice of such requirement or such lesser time as may be agreed between the Employer and the Union.

    12. The Employer reserves the right to deny or terminate multiple position situations based on operational requirements or health and safety factors, subject to all provisions of the Collective Agreement.