Bargaining Unit Appropriateness Sample Clauses

Bargaining Unit Appropriateness. 11 HEU, BCGEU and IUOE submit the applications should be dismissed because the units applied for are contrary to established Board policy not to permit an increase in the number of bargaining agents who represent employees at a given site within a subsector. BCNU concedes its applications would require an exception to the Board's policy, but submits there are compelling circumstances for making an exception in this case. The respondent unions dispute that compelling circumstances exist for making an exception.
Sample 1
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Bargaining Unit Appropriateness. 76 HEU, BCGEU and IUOE raise several bargaining unit appropriateness objections to BCNU's applications. The objections can be summarized as: (a) the applications are contrary to established Board policy discouraging proliferation of bargaining agents at single sites within the health sector, and no compelling circumstances exist to make an exception to this policy; (b) a unit consisting of a single classification (LPNs) is inappropriate; and (c) the unit is inappropriate due to functional integration between LPNs and care aides. 77 I will outline the parties' arguments on each of these issues and then address the issue of bargaining unit appropriateness in light of those arguments. a) Contrary to Board policy 78 HEU notes that in 4020, the Board indicated that it would, in appropriate circumstances, permit partial raids in the health sector: In my view, the approach charted by Grouseview Home Care Inc., supra, and later decisions removes from the health sector the underlying rationale for the Board's usual policy regarding partial raids where an applicant union seeks to represent all employees of a single employer. The normal concerns for industrial instability do not arise. There will not be an increase in the number of bargaining agents conducting negotiations and there is no potential for an additional labour dispute. The newly-added union will become a member of the applicable association that will, in turn, negotiate with HEABC on behalf of all its member unions for a single collective agreement covering the entire bargaining unit. HEABC concurs with this assessment when it says that the substitution of one bargaining agent for another with a particular employer is not inherently destabilizing and does not raise appropriateness concerns (paras. 39-40) 79 HEU further notes that, in 4020, the Board found the raiding union therefore did not need to meet the Board's usual "compelling reasons" requirement for granting partial raid applications: Any "fragmentation" of the IUOE's existing unit results from the bargaining unit structure imposed by the Act, and will not cause proliferation of bargaining units in the workplace (para. 43) 80 However, HEU submits, here BCNU is not seeking to represent "all employees of a single employer", as described in 4020 (at para. 39). Nor, it submits, do BCNU's applications involve "the substitution of one bargaining agent for another with a particular employer", as was the case in 4020 (at para. 40). Here, if BCNU's applic...
Sample 1

Related to Bargaining Unit Appropriateness

  • Bargaining Unit Work The City agrees that it will not assign work currently performed by employees under this Agreement to City employees in other bargaining units.

  • Bargaining Unit Roster The County will transmit to the Union a current listing

  • Performance of Bargaining Unit Work No person whose regular job is not in the bargaining unit will work on any job for which rates are established by this Agreement, except for the purposes of instruction, experimentation, or management training, in which case trainees shall not displace or replace any employee in the aforesaid classifications except in cases of emergency when regular employees are not available.

  • Bargaining Unit The term "bargaining unit" as used in this Agreement refers to the bargaining unit defined in Article 1, Recognition.

  • Bargaining Unit Information The Employer agrees to provide the Union such information relating to Employees in the bargaining unit as may be required by the Union for the purpose of collective bargaining.

  • Work of the Bargaining Unit (a) In order to protect the standard of nursing care, the Employer shall not contract out the work normally performed by members of this bargaining unit except: i) For purposes of instruction, ii) In the event of an emergency situation, iii) When performing developmental or experimental work, or iv) When employees are not available due to an employee not reporting for work as scheduled or not being available for work. (b) Reassignment to other employees of work normally performed by members of the bargaining unit shall not result in the termination, layoff or reduction in hours of any member of the bargaining unit. (c) When it is decided to not fill a position following an employee’s resignation, the Home will provide the rationale in writing for this decision to the Union. The Union may request a meeting to make representations on this matter.

  • Bargaining Units The bargaining units shall consist of: (A) All full-time, sworn police officers below the rank of Sergeant who are employed by the City of Columbus, Ohio, Division of Police. (B) All full-time, sworn police officers holding the rank of Sergeant or above who are employed by the City of Columbus, Ohio, Division of Police, but excluding the Chief and Deputy Chiefs.

  • BARGAINING PROCEDURE 10.01 All negotiations with a view to the completion of a collective agreement or to effecting changes or modifications in this Agreement shall be conducted between the authorized bargaining Representatives of the Union on the one hand and the designated bargaining Representatives of the Company on the other. 10.02 No agreement resulting from collective bargaining as herein provided shall be deemed to have been concluded until it is reduced to writing and signed by the authorized bargaining Representatives of the Union and by the designated bargaining Representatives of the Company, and an agreement so signed shall take effect as and from the effective date specified therein.

  • NATURE OF THE BARGAINING UNIT 1.01 The Employer recognizes the Union as the sole and exclusive bargaining agency for all of its employees working at The Fairmont Winnipeg, in the City of Winnipeg, in the Province of Manitoba, save and except the Administrative/Clerical persons employed in the Sales/Marketing and Catering departments, those persons employed in the Engineering/Maintenance, Accounting and Human Resources departments, Security staff, Supervisors, Managers, those above the rank of Supervisor and/or Manager and those excluded by the Act. 1.02 The Employer agrees not to increase the number of Assistant Banquet Managers excluded from the bargaining unit beyond six (6) except for legitimate business reasons. When doing so, the Employer shall inform the Union. 1.03 The Employer shall provide the Union with a list containing the current names, social insurance numbers, classifications and rates of pay of all bargaining unit employees, whenever a written request to do so is received from the Union. The Union agrees that it will not make such request more often than once in a calendar year. 1.04 The parties recognize that employees of the Employer in supervisory positions, or above the rank of Supervisor, may (when the situation so requires) help employees covered by this collective agreement in order to maintain the quality of service to customers, and in this case may also perform work currently done by current employees of the bargaining unit. Such work must not, however, cause the elimination of any position now covered in the collective agreement. (a) will not apply. Notwithstanding the foregoing, an employee of the Employer working in a position not covered by the collective agreement, may continue work presently being performed but shall not assume additional duties if this would cause the elimination of a position now covered in the collective agreement.

  • Bargaining Unit Seniority The length of continuous service in a position or succession of positions within Bargaining Unit Two (2), beginning with the last date of hire or transfer into the Bargaining Unit, as defined by seniority credits.

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