Covenant Health Collective Agreement 2020-2024

Article 40: Job Classifications

1. New Classifications
   
   If the Employer creates a new classification or combines two (2) or more main body classifications, two (2) or more Local Condition classifications, or two (2) or more Local Condition and main body classifications to create 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 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.  

   1. Classification Review

      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.  Within seven (7) days of receipt of the request, the immediate out-of-scope Manager shall send a copy of the Employee’s request along with a copy of the current job description to the Classification and Compensation Department and shall confirm in writing to the Employee and to the Union Classification Analyst that the Employee’s request has been received. Classification and Compensation shall advise the Employee and the Union of the results of the Classification Review within sixty (60) days of receiving the completed request and job description. The notification shall be in writing and include detailed rationale for the decision.
         
         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.

      2. 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

      1. When an Employee wishes to have a classification decision further reviewed, the Employee, in consultation with the Union, shall submit a written request to the Classification and Compensation department, within fifteen (15) days of the date the Employee became reasonably aware of the classification decision. The written request should:

         1. confirm their desire for an Internal Appeal of the classification decision,

         2. outline the reason the Employee believes the classification decision is not appropriate. The reasons should specifically detail how their job duties fit within the classification specification the Employee thinks is appropriate, and

         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 Classification and Compensation Department shall provide a written response to the Employee and to the Union within sixty (60) days of receipt of the request for an Internal Appeal and provide detailed rationale for their decision, including addressing the reasons for the review request provided by the Employee.

      3. Should the Union determine, based on the outcome of the Internal Appeal, that the classification review requires further consideration the matter may be referred to the External Appeal Process.

   3. External Appeal Process  

      1. When the Union determines that the decision of the Internal Appeal is not satisfactory, they may request an External Appeal within thirty (30) days of the date they received the written response to the Internal Appeal. The Union’s request shall be in writing and sent to Classification and Compensation Department and to the Employee.

      2. Upon receipt of the External Appeal request, an operations Manager, Director, or designate, a representative Human Resources Client Partners, and a representative from the Classification and Compensation Department and representative(s) of the Union will meet within sixty (60) days to exchange and review all relevant documents from the Employee and the Employer 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 and Union responses, including all corresponding rationale and documents used in making the Internal decision of the Employer.

      3. Once the representatives, outlined in 40.04 (b), have received all of the necessary documentation, they may take one (1) of the five (5) following approaches:

         1.  If necessary, request further information or documentation. This could include interviewing or asking questions of the Employee or representatives of the Employer. However, if information is received from the Employee or the Employer, it should be validated by the respective Parties.

         2. The representatives may, by consensus, concur with the decision of the Employer, and recommend that no further reconsideration occur.

         3. The representatives may, by consensus, concur with the Employee request, and make a recommendation to the Employer that they grant the reclassification request. The review would be conducted on the basis of the classification specifications and the guidelines included in the Classification Specification User Manual.

         4. The representatives may, by consensus, agree that a new classification be created if none of the existing classifications are appropriate for the position and direct the Employer to draft a new classification per Article 40.01.

         5. Should the representatives be unable to render a recommendation by consensus within the timelines specified in 40.04(b), either Party may refer the matter to use the Internal Grievance Mediation process and/or an external expert in Classification, with or without a or panel.

3. 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.  

   1. Should an Employee be re-classified to a higher classification pursuant to this Article, any wage increase associated with the re-classification shall be retroactive to the date of the written request for the Classification Review. 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 shall be red circled at the higher rate of pay for two (2) years or until such time as the rate of pay in the new classification meets or exceeds the Employee’s red circled rate, whichever is soonest, following which time the rate of pay shall be in accordance with the Salary Appendix in their revised classification. The red circling shall commence the date the Employee was notified of the Employer’s decision under 40.02(A)(a).

5. 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.

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