Common use of Bargaining Unit Defined Clause in Contracts

Bargaining Unit Defined. (a) The bargaining unit shall comprise all employees included in the Public Service bargaining unit as defined in this Agreement except those employees in positions mutually agreed to between the Parties as managerial and (or) confidential exclusions. The Parties to this Agreement acknowledge the difficulty in establishing a service-wide policy for determining managerial and (or) confidential exclusions. The Parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government policy or in the process of employer-employee relations. (b) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for the primary purpose of exercising senior management functions; (2) position incumbents employed in a confidential capacity in matters relating to labour relations; (3) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. (c) Incumbents of new positions established by the Employer shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement or by virtue of their being covered by another bargaining unit as specified in Section 4(a) or (b) of the Public Service Labour Relations Act. (1) When the Employer wishes to commence negotiation for the exclusion of a position from the bargaining unit, it shall notify the Union in writing. The Employer will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's job description and a copy of the job description for the position which supervises the applied for position. (2) The Parties will then commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position. (i) Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii) Where the position is classified at ML 6 or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement. (3) If no agreement is reached or if no response is received from the Union within 90 days of the date of notification in (1) above, the Employer may refer the matter to arbitration and have it heard by an arbitrator from a mutually agreeable list of arbitrators. (4) Where a matter has been referred to arbitration, the arbitrated decision, if any, will be deemed to be binding on the Parties. (5) The Employer shall provide to the Union on an annual basis a list of excluded positions and incumbents in each Ministry.

Bargaining Unit Defined. (a) The bargaining unit shall comprise all employees included in the Public Service bargaining unit as defined in this Agreement agreement except those employees in positions mutually agreed to between the Parties parties as managerial and (or) confidential exclusions. The Parties parties to this Agreement agreement acknowledge the difficulty in establishing a service-wide policy for determining managerial and (or) confidential exclusions. The Parties parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government government policy or in the process of employer-employee relations. (b) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for the primary purpose of exercising senior management functions; (2) position incumbents employed in a confidential capacity in matters relating to labour relations; (3) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. (c) Incumbents of new positions established by the Employer shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement or by virtue of their being covered by another bargaining unit as specified in Section 4(a) or (b) of the Public Service Labour Relations Act. (1) When the Employer wishes to commence negotiation for the exclusion of a position from the bargaining unit, it shall notify the Union in writing. The Employer will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's job description and a copy of the job description for the position which supervises the applied for position. (2) The Parties parties will then commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position. (i) Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii) Where the position is classified at ML 6 ML6 or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement. (3) If no agreement is reached or if no response is received from the Union within 90 60 days of the date of notification in (1) above, the Employer may refer the matter to arbitration and have it heard by an arbitrator from a mutually agreeable list of arbitrators. (4) Where a matter has been referred to arbitration, the arbitrated decision, if any, will be deemed to be binding on the Partiesparties. (5) The Employer shall provide to the Union on an annual basis a list of excluded positions and incumbents in each Ministryministry.

Bargaining Unit Defined. ‌ (a) The bargaining unit shall comprise all employees included in the Public Service bargaining unit as defined in this Agreement except those employees in positions mutually agreed to between the Parties parties as managerial and (or) confidential exclusions. The Parties parties to this Agreement acknowledge the difficulty in establishing a service-wide policy for determining managerial and (or) confidential exclusions. The Parties parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government policy or in the process of employer-employee relations. (b) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for the primary purpose of exercising senior management functions; (2) position incumbents employed in a confidential capacity in matters relating to labour relations; (3) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. (c) Incumbents of new positions established by the Employer shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement or by virtue of their being covered by another bargaining unit as specified in Section 4(a) or (b) of the Public Service Labour Relations Actagreement. (1d) When the Employer wishes to commence negotiation for the exclusion of a position from the bargaining unit, it shall notify the Union in writing. The Employer will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's job description and a copy of the job description for the position which supervises the applied for position. (21) The Parties parties will then commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position. (i) . Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii) Where the position is classified at ML 6 or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement. (32) If no agreement is reached or if no response is received from the Union within 90 days of the date of notification in (1) above, the Employer may refer the matter to arbitration and have it heard by an arbitrator from a mutually agreeable list of arbitrators. (43) Where a matter has been referred to arbitration, the arbitrated decision, if any, will be deemed to be binding on the Partiesparties. (54) The Employer shall provide to the Union on an annual basis a list of excluded positions and incumbents in each Ministryincumbents.

Bargaining Unit Defined. ‌ (a) The bargaining unit shall comprise be comprised of all employees included in the Public Service bargaining unit as defined in this Agreement agreement except those employees in positions mutually agreed to between the Parties parties as managerial and (or) confidential exclusions. The Parties parties to this Agreement agreement acknowledge the difficulty in establishing a service-wide policy for determining managerial and (or) confidential exclusions. The Parties parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government employer policy or in the process of employer-employee relations. (b) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for the primary purpose of exercising senior management functions; (2) position incumbents employed in a confidential capacity in matters relating to labour relations; (3) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. (c) When an employee substitutes into an excluded position the Employer shall advise the Union of the following: (1) name of the employee; (2) title of the excluded position; (3) term of the temporary assignment. (d) Incumbents of new positions established by the Employer shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement or by virtue of their being covered by another bargaining unit as specified in Section 4(a) or (b) of the Public Service Labour Relations Actagreement. (1) When the Employer wishes to commence negotiation for the exclusion of a position from the bargaining unit, it shall notify the Union in writing. The Employer will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's job description and a copy of the job description for the position which supervises the applied for position. (2) The Parties parties will then then, commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position. (i) . Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii) Where the position is classified at ML 6 or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement. (3) If no agreement is reached or if no response is received from the Union within 90 30 days of the date of notification in (1) above, the Employer may refer the matter to arbitration and have it heard by an arbitrator from a mutually agreeable list of arbitratorsthe BC Labour Relations Board for determination. (4) Where a matter has been referred to arbitrationthe BC Labour Relations Board, the arbitrated BC Labour Relations Board decision, if any, will be deemed to be binding on the Partiesparties. (5) The Employer shall provide to the Union on an annual basis a list of excluded positions and incumbents incumbents. (f) The Employer will make available to the Joint Union Management Committee a quarterly list of contractors. The list shall include the company name, the original start date and extension dates or subsequent contracts when there is a continuous engagement of a contractor. (g) The Joint Union Management Committee will review contractors identified by the Union and as identified in each Ministry(f) above to determine the employee status.

Bargaining Unit Defined. ‌ (a) The bargaining unit shall comprise all employees included in the Public Service bargaining unit as defined in this Agreement except those employees in positions mutually agreed to between the Parties parties as managerial and (or) and/or confidential exclusions. The Parties parties to this Agreement acknowledge the difficulty in establishing a servicean organization-wide policy for determining managerial and (or) and/or confidential exclusions. The Parties parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government policy or in the process of employer-Commission/employee relations. (b) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for the primary purpose of exercising senior management functions; (2) position incumbents employed in a confidential capacity in matters relating to labour relations; (3) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. (c) Incumbents of new positions established by the Employer Commission shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement or by virtue of their being covered by another bargaining unit as specified in Section 4(a) or (b) of the Public Service Labour Relations Actagreement. (1) When the Employer Commission wishes to commence negotiation for the exclusion of a position from the bargaining unit, it shall notify the Union in writing. The Employer Commission will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's job description and a copy of the job description for the position which supervises the applied for position. (2) The Parties parties will then commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position. (i) . Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii) Where the position is classified at ML 6 or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement. (3) If no agreement is reached or if no response is received from the Union within 90 ninety (90) days of the date of notification in (1) above, the Employer Commission may refer the matter to arbitration and have it heard by an arbitrator from a mutually agreeable list of arbitratorsthe Labour Relations Board. (4) Where a matter has been referred to arbitrationthe Labour Relations Board, the arbitrated decision, if any, will be deemed to be binding on the Partiesparties. (5) The Employer Commission shall provide to the Union on an annual basis a list of excluded positions and incumbents in each Ministryincumbents.

Bargaining Unit Defined. ‌ (a) The bargaining unit shall comprise all employees included in the Public Service bargaining unit as defined in this Agreement agreement except those employees in positions mutually agreed to between the Parties parties as managerial and (or) confidential exclusions. The Parties parties to this Agreement agreement acknowledge the difficulty in establishing a service-wide policy for determining managerial and (or) confidential exclusions. The Parties parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government policy or in the process of employer-employee relations. (b) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for the primary purpose of exercising senior management functions; (2) position incumbents employed in a confidential capacity in matters relating to labour relations; (3) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. (c) Incumbents of new positions established by the Employer shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement or by virtue of their being covered by another bargaining unit as specified in Section 4(a) or (b) of the Public Service Labour Relations Actagreement. (1d) When the Employer wishes to commence negotiation for the exclusion of a position from the bargaining unit, it shall notify the Union in writing. The Employer will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's job description and a copy of the job description for the position which supervises the applied for position. (21) The Parties parties will then commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position. (i) . Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii) Where the position is classified at ML 6 or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement. (32) If no agreement is reached or if no response is received from the Union within 90 days of the date of notification in (1) above, the Employer may refer the matter to arbitration and have it heard by an arbitrator from a mutually agreeable list of arbitrators. (43) Where a matter has been referred to arbitration, the arbitrated decision, if any, will be deemed to be binding on the Partiesparties. (54) The Employer shall provide to the Union on an annual basis a list of excluded positions and incumbents in each Ministryincumbents.

Bargaining Unit Defined. (a) The bargaining unit shall comprise all employees included in the Public Service bargaining unit as defined in this Agreement agreement except those employees in positions mutually agreed to between the Parties parties as managerial and (or) confidential exclusions. The Parties parties to this Agreement agreement acknowledge the difficulty in establishing a service-wide policy for determining managerial and (or) confidential exclusions. The Parties parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government policy or in the process of employer-employee relations. (b) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for the primary purpose of exercising senior management functions; (2) position incumbents employed in a confidential capacity in matters relating to labour relations; (3) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. (c) Incumbents of new positions established by the Employer shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement or by virtue of their being covered by another bargaining unit as specified in Section 4(a) or (b) of the Public Service Labour Relations Actagreement. (1d) When the Employer wishes to commence negotiation for the exclusion of a position from the bargaining unit, it shall notify the Union in writing. The Employer will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's job description and a copy of the job description for the position which supervises the applied for position. (21) The Parties parties will then commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position. (i) . Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii) Where the position is classified at ML 6 or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement. (32) If no agreement is reached or if no response is received from the Union within 90 days of the date of notification in (1) above, the Employer may refer the matter to arbitration and have it heard by an arbitrator from a mutually agreeable list of arbitrators. (43) Where a matter has been referred to arbitration, the arbitrated decision, if any, will be deemed to be binding on the Partiesparties. (54) The Employer shall provide to the Union on an annual basis a list of excluded positions and incumbents in each Ministryincumbents.

Bargaining Unit Defined. (a) The bargaining unit shall comprise all employees included in the Public Service bargaining unit as defined in this Agreement agreement except those employees in positions mutually agreed to between the Parties parties as managerial and (or) confidential exclusions. The Parties parties to this Agreement agreement acknowledge the difficulty in establishing a service-wide policy for determining managerial and (or) confidential exclusions. In place of such a service-wide policy, the parties agree that where the Employer advises the Union of an exclusion requirement, the position may be excluded by the Employer pending resolution of the position through the notification and arbitration process below. The Parties parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government policy or in the process of employer-employee relations. (b) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for who perform the primary purpose functions of exercising senior management functions;a manager or superintendent, or (2) position incumbents who are employed in a confidential capacity in matters relating to labour relations;relations or personnel, or (3) position incumbents employed in a confidential planning or advisory position in the development of management policy for the Authority, or (4) sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. (c) Incumbents of new positions established by the Employer shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement or by virtue of their being covered by another bargaining unit as specified in Section 4(a) or (b) of the Public Service Labour Relations Act. (1) When the Employer Authority wishes to commence negotiation for the exclusion of a position, or where the Employer has excluded a position under (a) above, from the bargaining unit, it shall notify provide notification to the Union in writing. The Employer agrees to provide the Union and the members of the Joint Consultation Committee with all relevant documents and materials, and to engage the Union Joint Consultation Committee members in discussion within seven days, and where no agreement is reached, to add this issue to the next Joint Consultation Committee agenda. The Authority will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's ’s job description and a copy of the job description for the position which supervises the applied for position. (2) The Parties will then commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position. (i) Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii) Where the position is classified at ML 6 or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement. (3d) If no agreement is reached reached, either through discussion or if no response is received from at the Joint Consultation Committee, the Union within 90 days of the date of notification in (1) above, the Employer may refer the matter to arbitration and have it heard by an arbitrator from a mutually agreeable list of arbitratorsarbitration. (4) Where a matter has been referred to arbitration, the arbitrated decision, if any, will be deemed to be binding on the Parties. (5e) The Employer parties agree that exclusion issues shall provide to the Union be heard by agreed arbitrator(s) three times a year in February, June and October on an annual basis a list of excluded positions and incumbents in each Ministrydates determined by mutual agreement.

Bargaining Unit Defined. ‌ (a) The bargaining unit shall comprise all employees included in the Public Service bargaining unit as defined in this Agreement agreement except those employees in positions mutually agreed to between the Parties parties as managerial and (or) confidential exclusions. The Parties to this Agreement acknowledge the difficulty in establishing a service-wide policy for determining managerial and (or) confidential exclusions. The Parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government policy or in the process of employer-employee relations. (b) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for the primary purpose of exercising senior management functions; (2) position incumbents employed in a confidential capacity in matters relating to labour relations; (3) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. (c) Incumbents of new positions established by the Employer shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement agreement, or by virtue of their being covered by another bargaining unit as specified in Section 4(a) or (b) of pursuant to the Public Service Labour Relations ActCode. (1) When the Employer wishes to commence negotiation for the exclusion of a position from the bargaining unit, it shall notify the Union in writing. The Employer will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's job description and a copy of the job description for the position which supervises the applied for position. (2) The Parties parties will then commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position. (i3) Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii) Where the position is classified at ML 6 or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement. (34) If no agreement is reached or if no response is received from the Union within 90 days of the date of notification in (1) above, the Employer may refer the matter to arbitration and have it heard by an arbitrator from a mutually agreeable list of arbitrators. (45) Where a matter has been referred to arbitration, the arbitrated decision, if any, will be deemed to be binding on the Partiesparties. (56) The Employer shall provide to the Union on an annual basis a list of excluded positions and incumbents in each Ministryincumbents.

Bargaining Unit Defined. (a) The bargaining unit shall comprise all employees included in the Public Service bargaining unit as defined in this Agreement certificate issued by the Labour Relations Board except those employees in positions mutually agreed to between the Parties parties as managerial and (or) confidential exclusions. The Parties parties to this Agreement acknowledge the difficulty in establishing a service-wide policy for determining managerial and (or) confidential exclusions. The Parties parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government Employer policy or in the process of employer-employee relations. (b) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for the primary purpose of exercising senior management functions; (2) position incumbents employed in a confidential capacity in matters relating to labour relations; (3) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. (c) Incumbents of new positions established by the Employer shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement or by virtue of their being covered by another bargaining unit as specified in Section 4(a) or (b) of the Public Service Labour Relations ActCode. (1) When the Employer wishes to commence negotiation for the exclusion of a position from the bargaining unit, it shall notify the Union in writing. The Employer will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's job description and a copy of the job description for the position which supervises the applied for position. (2) The Parties parties will then commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position. (i) . Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii) Where the position is classified at ML 6 or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement. (3) If no agreement is reached or if no response is received from the Union within 90 days of the date of notification in (1) above, the Employer may refer the matter to arbitration and have it heard by an arbitrator from a mutually agreeable list of arbitrators. (4) Where a matter has been referred to arbitration, the arbitrated decision, if any, will be deemed to be binding on the Partiesparties. (5) The Employer shall provide to the Union on an annual basis a list of excluded positions and incumbents in each Ministryupon request.

Bargaining Unit Defined. (a) The bargaining unit shall comprise all employees included in the Public Service bargaining unit as defined in this Agreement agreement except those employees in positions mutually agreed to between the Parties parties as managerial and (or) confidential exclusions. The Parties parties to this Agreement agreement acknowledge the difficulty in establishing a service-wide policy for determining managerial and (or) confidential exclusions. The Parties parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government government policy or in the process of employer-employee relations. (b) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for the primary purpose of exercising senior management functions; (2) position incumbents employed in a confidential capacity in matters relating to labour relations; (3) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. (c) Incumbents of new positions established by the Employer shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement or by virtue of their being covered by another bargaining unit as specified in Section 4(a) or (b) of the Public Service Labour Relations Act. (1) When the Employer wishes to commence negotiation for the exclusion of a position from the bargaining unit, it shall notify the Union in writing. The Employer will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's job description and a copy of the job description for the position which supervises the applied for position. (2) The Parties parties will then commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position. (i) Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii) Where the position is classified at ML 6 ML6 or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement. (3) If no agreement is reached or if no response is received from the Union within 90 60 days of the date of notification in (1) above, the Employer may shall refer the matter to arbitration and have it heard by an arbitrator from a mutually agreeable list of arbitrators. (4) Where a matter has been referred to arbitration, the arbitrated decision, if any, will be deemed to be binding on the Partiesparties. (5) The Employer shall provide to the Union on April 1st on an annual basis a list of excluded positions and incumbents in each Ministryministry.

Bargaining Unit Defined. (a) The bargaining unit shall comprise all employees included in the Public Service bargaining unit as defined in this Agreement except those employees in positions mutually agreed to between the Parties as managerial and (or) confidential exclusions. The Parties to this Agreement acknowledge the difficulty in establishing a service-wide policy for determining managerial and (or) confidential exclusions. The Parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government policy or in the process of employer-employee relations. (b) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for the primary purpose of exercising senior management functions;functions;‌‌‌‌‌‌‌ (2) position incumbents employed in a confidential capacity in matters relating to labour relations; (3) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. (c) Incumbents of new positions established by the Employer shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement or by virtue of their being covered by another bargaining unit as specified in Section 4(a) or (b) of the Public Service Labour Relations Act. (1) When the Employer wishes to commence negotiation for the exclusion of a position from the bargaining unit, it shall notify the Union in writing. The Employer will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's job description and a copy of the job description for the position which supervises the applied for position. (2) The Parties will then commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position. (i) Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii) Where the position is classified at ML 6 or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement.agreement.‌‌‌‌‌‌‌ (3) If no agreement is reached or if no response is received from the Union within 90 days of the date of notification in (1) above, the Employer may refer the matter to arbitration and have it heard by an arbitrator from a mutually agreeable list of arbitrators. (4) Where a matter has been referred to arbitration, the arbitrated decision, if any, will be deemed to be binding on the Parties. (5) The Employer shall provide to the Union on an annual basis a list of excluded positions and incumbents in each Ministry.

Bargaining Unit Defined. (a) The bargaining unit shall comprise be comprised of all employees included in the Public Service bargaining unit as defined in this Agreement agreement except those employees in those positions mutually agreed to between the Parties parties as managerial and (orand(or) confidential exclusions. The Parties to this Agreement acknowledge the difficulty in establishing a service-wide policy for determining managerial and (or) confidential exclusions. The Parties parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government TSSI policy or in the process of employer-employee relations. (b) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for who perform the primary purpose functions of exercising senior management functionsa manager or superintendent; (2) position incumbents who are employed in a confidential capacity in matters relating to labour relationsrelations or personnel; (3) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. (c) Incumbents of new positions established by TSSI covered by the Employer certification shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement or by virtue of their being covered by another bargaining unit as specified in Section 4(a) or (b) of the Public Service Labour Relations Actagreement. (1) When the Employer TSSI wishes to commence negotiation for the exclusion of a position from the bargaining unit, it shall notify the Union in writing. The Employer TSSI will provide to the Union a copy of the organization chart for the immediate branch or program work unit where the position is located, a copy of the position's job description and a copy of the job description for the position which supervises the applied for position. (2) The Parties parties will then commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position. (i) . Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii) Where the position is classified at ML 6 or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement. (3) If no agreement is reached or if no response is received from the Union within 90 days of the date of notification in (1) above, the Employer above TSSI may refer the matter to arbitration and have it heard by an arbitrator from a mutually agreeable list of arbitrators. (4) Where a matter has been referred to arbitration, the arbitrated decision, if any, will be deemed to be binding on the Partiesparties. (5e) TSSI will provide the Joint Union/Management Committee with information pertaining to employment agencies and contractors on as regular basis as necessary to ensure such information, related to Payroll Services, is current and shall be provided on a quarterly basis at a minimum. The Employer list shall provide to include the Union on an annual basis a list name of excluded positions all contractors, employment agencies, their work location, term of contract and incumbents in each Ministrytype of work involved.

Bargaining Unit Defined. (a) The bargaining unit shall comprise all employees included in the Public Service bargaining unit as defined in this Agreement agreement except those employees in positions mutually agreed to between the Parties parties as managerial and (or) confidential exclusions. The Parties parties to this Agreement agreement acknowledge the difficulty in establishing a service-wide service‐wide policy for determining managerial and (or) confidential exclusions. The Parties parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government government policy or in the process of employer-employee employer‐employee relations. (b) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for the primary purpose of exercising senior management functions; (2) position incumbents employed in a confidential capacity in matters relating to labour relations; (3) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. (c) Incumbents of new positions established by the Employer shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement or by virtue of their being covered by another bargaining unit as specified in Section 4(a) or (b) of the Public Service Labour Relations Act. (1) When the Employer wishes to commence negotiation for the exclusion of a position from the bargaining unit, it shall notify the Union in writing. The Employer will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's job description and a copy of the job description for the position which supervises the applied for position. (2) The Parties parties will then commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position. (i) Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii) Where the position is classified at ML 6 ML6 or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement. (3) If no agreement is reached or if no response is received from the Union within 90 60 days of the date of notification in (1) above, the Employer may shall refer the matter to arbitration and have it heard by an arbitrator from a mutually agreeable list of arbitrators. (4) Where a matter has been referred to arbitration, the arbitrated decision, if any, will be deemed to be binding on the Partiesparties. (5) The Employer shall provide to the Union on April 1st on an annual basis a list of excluded positions and incumbents in each Ministryministry.

Bargaining Unit Defined. ‌ (a) The bargaining unit shall comprise all employees included in the Public Service ALFD bargaining unit as defined in this Agreement agreement except those employees in positions mutually agreed to between the Parties parties as managerial and (or) and/or confidential exclusions. The Parties parties to this Agreement agreement acknowledge the difficulty in establishing a service-wide policy for determining managerial and (or) and/or confidential exclusions. The Parties parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government employer policy or in the process of employer-employee relations. (b) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for the primary purpose of exercising senior management functions; (2) position incumbents employed in a confidential capacity in matters relating to labour relations; (3) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. (c) Incumbents of new positions established by the Employer shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement agreement, or by virtue of their being covered determination by another bargaining unit as specified in Section 4(a) or (b) of the Public Service Labour Relations ActBoard. (1) When the Employer wishes to commence negotiation for the exclusion of a position from the bargaining unit, it shall notify the Union in writing. The Employer will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's job description and a copy of the job description for the position which supervises the applied for position. (2) The Parties parties will then commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position. (i) Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii) Where the position is classified at ML 6 or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement. (3) If no agreement is reached or if no response is received from the Union within 90 days of the date of notification in (1) above, the Employer may refer the matter to arbitration and have it heard by an arbitrator from a mutually agreeable list of arbitratorsthe Labour Relations Board. (4) Where a matter has been referred to arbitrationthe Labour Relations Board, the arbitrated decision, if any, board decision will be deemed to be binding on the Partiesparties. (5) The Employer shall provide to the Union on an annual basis a list of excluded positions and incumbents in each Ministryincumbents.

Bargaining Unit Defined. (a) The bargaining unit shall comprise all employees included in the Public Service bargaining unit as defined in this Agreement except those employees in positions mutually agreed to between the Parties as managerial and (or) confidential exclusions. The Parties to this Agreement acknowledge the difficulty in establishing a service-wide policy for determining managerial and (or) confidential exclusions. The Parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government policy or in the process of employer-employee relations. (b) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for the primary purpose of exercising senior management functions; (2) position incumbents employed in a confidential capacity in matters relating to labour relations; (3) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. (c) Incumbents of new positions established by the Employer shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement or by virtue of their being covered by another bargaining unit as specified in Section 4(a) or (b) of the Public Service Labour Relations Actagreement. (1) When the Employer wishes to commence negotiation for the exclusion of a position from the bargaining unit, it shall notify the Union in writing. The Employer will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's job description and a copy of the job description for the position which supervises the applied for position. (2) The Parties will then commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position. (i) Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii) Where the position is classified at ML 6 or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement. (3) If no agreement is reached or if no response is received from the Union within 90 days of the date of notification in (1) above, the Employer may refer the matter to arbitration and have it heard by an arbitrator from a mutually agreeable list of arbitrators. (4) Where a matter has been referred to arbitration, the arbitrated decision, if any, will be deemed to be binding on the Parties. (5) The Employer shall provide to the Union on an annual basis a list of excluded positions and incumbents in each Ministryincumbents.

Bargaining Unit Defined. (a) The bargaining unit shall comprise all employees included in the Public Service bargaining unit as defined in this Agreement agreement except those employees in positions mutually agreed to between the Parties parties as managerial and (or) confidential exclusions. The Parties parties to this Agreement agreement acknowledge the difficulty in establishing a service-wide policy for determining managerial and (or) confidential exclusions. The Parties parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government government policy or in the process of employer-employee relations. (b) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for the primary purpose of exercising senior management functions; (2) position incumbents employed in a confidential capacity in matters relating to labour relations; (3) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. (c) Incumbents of new positions established by the Employer shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement or by virtue of their being covered by another bargaining unit as specified in Section 4(a) or (b) of the Public Service Labour Relations Act. (1) When the Employer wishes to commence negotiation for the exclusion of a position from the bargaining unit, it shall notify the Union in writing. The Employer will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's job description and a copy of the job description for the position which supervises the applied for position. (2) The Parties parties will then commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position. (i) Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii) Where the position is classified at ML 6 ML6 or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement. (3) If no agreement is reached or if no response is received from the Union within 90 days of the date of notification in (1) above, the Employer may refer the matter to arbitration and have it heard by an arbitrator from a mutually agreeable list of arbitrators. (4) Where a matter has been referred to arbitration, the arbitrated decision, if any, will be deemed to be binding on the Parties. (5) The Employer shall provide to the Union on an annual basis a list of excluded positions and incumbents in each Ministry.

Bargaining Unit Defined. ‌ (a) The bargaining unit shall comprise be comprised of all employees included in the Public Service bargaining unit as defined in this Agreement agreement except those employees in positions mutually agreed to between excluded by mutual agreement of the Parties as managerial and (or) confidential exclusions. The Parties to this Agreement acknowledge parties or by the difficulty in establishing a service-wide policy for determining managerial and (or) confidential exclusions. The Parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government policy or in the process of employer-employee relationsLabour Relations Code. (b) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for be consistent with the primary purpose of exercising senior management functions; (2) position incumbents employed in a confidential capacity in matters relating to labour relations; (3) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerationsLabour Relations Code. (c) Incumbents of new positions established by the Employer shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement or by virtue of their being covered by another bargaining unit as specified in Section 4(a) or (b) of the Public Service Labour Relations Act. (1) When the Employer wishes to commence negotiation for the exclusion of exclude a position from the bargaining unit, unit or create a new excluded position from the bargaining unit it shall notify the Union within 30 days, in writing. The Employer will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's ’s job description and a copy of the job description of the supervisor of the position and a written rationale for the position which supervises the applied for positionexclusion. (2d) The Parties will then parties shall observe an incumbent in an excluded position for 90 days. Thereafter, if they are unable to agree that the position is properly excluded, the parties shall commence discussions with a view to reaching a mutually agreeable resolution to within 30 days from the exclusion status expiration of the position90 days incumbency period. (i1) Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii2) Where the position is classified at ML 6 Director level or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement. (3e) If no agreement is reached or if no response is received from the Union within 90 days of the date of notification in (1) aboveparties are unable to reach a mutually agreeable resolution, the Employer either party may refer the matter to binding arbitration and have it heard by an arbitrator selected from a mutually agreeable list of arbitrators. (4f) Union dues pursuant to Article 4 will accrue and be payable to the Union from the date an incumbent is placed in a position which is the subject for exclusion by the Employer. (g) Where a matter has been referred position which is the subject of an exclusion is posted, any such posting shall indicate that the status of the position with respect to arbitration, inclusion/exclusion in the arbitrated decision, if any, will be deemed to be binding on bargaining unit is under review by the Partiesparties. (5h) The Employer shall provide to the Union on an annual basis a A current list of excluded positions and incumbents in shall be provided to the Union on March 31st of each Ministryyear. All outstanding exclusions will be sent to the Union by March 8, 2010.

Bargaining Unit Defined. ‌ (a) The bargaining unit shall comprise be comprised of all employees included in the Public Service bargaining unit as defined in this Agreement agreement except those employees in positions mutually agreed to between the Parties parties as managerial and (or) confidential exclusions. The Parties parties to this Agreement agreement acknowledge the difficulty in establishing a service-wide policy for determining managerial and (or) confidential exclusions. The Parties parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government employer policy or in the process of employer-employee relations. (b) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for the primary purpose of exercising senior management functions; (2) position incumbents employed in a confidential capacity in matters relating to labour relations; (3) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. (c) When an employee substitutes into an excluded position the Employer shall advise the Union of the following: (1) name of the employee; (2) title of the excluded position;‌ (3) term of the temporary assignment. (d) Incumbents of new positions established by the Employer shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement or by virtue of their being covered by another bargaining unit as specified in Section 4(a) or (b) of the Public Service Labour Relations Actagreement. (1) When the Employer wishes to commence negotiation for the exclusion of a position from the bargaining unit, it shall notify the Union in writing. The Employer will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's ’s job description and a copy of the job description for the position which supervises the applied for position. (2) The Parties parties will then then, commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position. (i) . Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii) Where the position is classified at ML 6 or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement. (3) If no agreement is reached or if no response is received from the Union within 90 30 days of the date of notification in (1) above, the Employer may refer the matter to arbitration and have it heard by an arbitrator from a mutually agreeable list of arbitratorsthe BC Labour Relations Board for determination. (4) Where a matter has been referred to arbitrationthe BC Labour Relations Board, the arbitrated BC Labour Relations Board decision, if any, will be deemed to be binding on the Partiesparties. (5) The Employer shall provide to the Union on an annual basis a list of excluded positions and incumbents incumbents. (f) The Employer will make available to the Joint Union Management Committee a quarterly list of contractors. The list shall include the company name, the original start date and extension dates or subsequent contracts when there is a continuous engagement of a contractor. (g) The Joint Union Management Committee will review contractors identified by the Union and as identified in each Ministry(f) above to determine the employee status.

Bargaining Unit Defined. (a) The bargaining unit shall comprise all employees included in the Public Service bargaining unit as defined in this Agreement agreement except those employees in positions mutually agreed to between the Parties parties as managerial and (or) confidential exclusions. The Parties parties to this Agreement agreement acknowledge the difficulty in establishing a service-wide policy for determining managerial and (or) confidential exclusions. The Parties parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government employer policy or in the process of employer-employee relations. (b) Wherever possible, bargaining unit work of an ongoing nature will not be performed by non-bargaining unit persons without the consent of the union staff representative. (c) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for the primary purpose of exercising senior management functions; (2) position incumbents employed in a confidential capacity in matters relating to labour relations; (3) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. (cd) Incumbents of new positions established by the Employer shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement or by virtue of their being covered by another bargaining unit as specified in Section 4(a) or (b) of the Public Service BC Labour Relations ActCode. (1) When the Employer wishes to commence negotiation for the exclusion of a position from the bargaining unit, it shall notify the Union in writing. The Employer will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's job description and a copy of the job description for the position which supervises the applied for position. (2) The Parties parties will then commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position. (i) Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii) Where the position is classified at ML 6 or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement. (3) If no agreement is reached or if no response is received from the Union within 90 ninety (90) days of the date of notification in (1) above, the Employer may refer the matter to arbitration and have it heard by an arbitrator from a mutually agreeable list of arbitrators. (4) Where a matter has been referred to arbitration, the arbitrated decision, if any, will be deemed to be binding on the Partiesparties. (5) The Employer shall provide to the Union on an annual basis a list of excluded positions and incumbents in each MinistryBPCPA.

Bargaining Unit Defined. ‌ (a) The bargaining unit shall comprise be comprised of all employees included in the Public Service bargaining unit as defined in this Agreement except those employees in positions mutually agreed to between the Parties parties as managerial and (or) confidential exclusions. The Parties parties to this Agreement acknowledge the difficulty in establishing a service-wide policy for determining managerial and (or) confidential exclusions. The Parties parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government Employer policy or in the process of employer-employee relations. (b) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for the primary purpose of exercising senior management functions; (2) position incumbents employed in a confidential capacity in matters relating to labour relations; (3) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. (c) Incumbents of new positions established by the Employer shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement or by virtue of their being covered by another bargaining unit as specified in Section 4(a) or (b) of the Public Service Labour Relations Actunit. (1) When the Employer wishes to commence negotiation for the exclusion of a position from the bargaining unit, it shall notify the Union in writing. The Employer will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's job description and a copy of the job description for the position which supervises the applied for position. (2) The Parties parties will then commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position. (i) Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii) Where the position is classified at ML 6 Director level or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement. (3) If no agreement is reached or if no response is received from the Union within 90 days of the date of notification in (1) above, the Employer may refer the matter to arbitration and have it heard by an arbitrator from a mutually agreeable list of arbitrators. (4) Where a matter has been referred to arbitration, the arbitrated decision, if any, will be deemed to be binding on the Partiesparties. (5) The Employer shall provide to the Union on an annual basis a list of excluded positions and incumbents in each Ministryincumbents.

Bargaining Unit Defined. ‌ (a) The bargaining unit shall comprise all employees included in the Public Service bargaining unit as defined in this Agreement certificate issued by the Labour Relations Board except those employees in positions mutually agreed to between the Parties parties as managerial and (or) confidential exclusions. The Parties parties to this Agreement agreement acknowledge the difficulty in establishing a service-wide policy for determining managerial and (or) confidential exclusions. The Parties parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government employer policy or in the process of employer-employee relations. (b) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for the primary purpose of exercising senior management functions; (2) position incumbents employed in a confidential capacity in matters relating to labour relations; (3) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. (c) Incumbents of new positions established by the Employer shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement or by virtue of their being covered by another bargaining unit as specified in Section 4(a) or (b) of the Public Service Labour Relations ActCode. (1) When the Employer wishes to commence negotiation for the exclusion of a position from the bargaining unit, it shall notify the Union in writing. The Employer will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's job description and a copy of the job description for the position which supervises the applied for position. (2) The Parties parties will then commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position. (i) . Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii) Where the position is classified at ML 6 or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement. (3) If no agreement is reached or if no response is received from the Union within 90 days of the date of notification in (1) above, the Employer may refer the matter to arbitration and have it heard by an arbitrator from a mutually agreeable list of arbitrators. (4) Where a matter has been referred to arbitration, the arbitrated decision, if any, will be deemed to be binding on the Partiesparties. (5) The Employer shall provide to the Union on an annual basis a list of excluded positions and incumbents in each Ministryincumbents.

Bargaining Unit Defined. (a) The bargaining unit shall comprise all employees included in the Public Service KLFD bargaining unit as defined in this Agreement except those employees in positions mutually agreed to between the Parties as managerial and (or) and/or confidential exclusions. The Parties to this Agreement acknowledge the difficulty in establishing a service-wide policy for determining managerial and (or) and/or confidential exclusions. The Parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government Employer policy or in the process of employer-employee relations. (b) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for the primary purpose of exercising senior management functions; (2) position incumbents employed in a confidential capacity in matters relating to labour relations; (3) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. (c) Incumbents of new positions established by the Employer shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement agreement, or by virtue of their being covered determination by another bargaining unit as specified in Section 4(a) or (b) of the Public Service Labour Relations ActBoard. (1) When the Employer wishes to commence negotiation for the exclusion of a position from the bargaining unit, it shall notify the Union in writing. The Employer will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's job description and a copy of the job description for the position which supervises the applied for position. (2) The Parties will then commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position. (i) Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii) Where the position is classified at ML 6 or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement. (3) If no agreement is reached or if no response is received from the Union within 90 days of the date of notification in (1) above, the Employer may refer the matter to arbitration and have it heard by an arbitrator from a mutually agreeable list of arbitratorsthe Labour Relations Board. (4) Where a matter has been referred to arbitrationthe Labour Relations Board, the arbitrated decision, if any, Board decision will be deemed to be binding on the Parties. (5) The Employer shall provide to the Union on an annual basis a list of excluded positions and incumbents in each Ministryincumbents.

Bargaining Unit Defined. (a) The bargaining unit shall comprise all employees included in the Public Service WaterBridge Equipment Inc. bargaining unit as defined in this Agreement agreement except those employees in positions mutually agreed to between the Parties parties as managerial and (or) and/or confidential exclusions. The Parties parties to this Agreement agreement acknowledge the difficulty in establishing a service-wide policy for determining managerial and (or) and/or confidential exclusions. The Parties parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government employer policy or in the process of employer-employee relations. (b) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for the primary purpose of exercising senior management functions; (2) position incumbents employed in a confidential capacity in matters relating to labour relations; (3) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. (c) Incumbents of new positions established by the Employer shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement agreement, or by virtue of their being covered determination by another bargaining unit as specified in Section 4(a) or (b) of the Public Service Labour Relations ActBoard. (1) When the Employer wishes to commence negotiation for the exclusion of a position from the bargaining unit, it shall notify the Union in writing. The Employer will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's job description and a copy of the job description for the position which supervises the applied for position. (2) The Parties parties will then commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position. (i) . Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii) Where the position is classified at ML 6 or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement. (3) If no agreement is reached or if no response is received from the Union within 90 days of the date of notification in (1) aboveArticle 2.1(d)(1), the Employer may refer the matter to arbitration and have it heard by an arbitrator from a mutually agreeable list of arbitratorsthe Labour Relations Board. (4) Where a matter has been referred to arbitrationthe Labour Relations Board, the arbitrated Board decision, if any, will be deemed to be binding on the Partiesparties. (5) The Employer shall provide to the Union on an annual basis a list of excluded positions and incumbents in each Ministryincumbents.

Bargaining Unit Defined. (a) The bargaining unit shall comprise all employees included in the Public Service bargaining unit as defined in this Agreement except those employees in positions mutually agreed to between the Parties parties as managerial and (or) confidential exclusions. The Parties parties to this Agreement acknowledge the difficulty in establishing a service-wide policy for determining managerial and (or) confidential exclusions. The Parties parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government policy or in the process of employer-employee relations. (b) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for who perform the primary purpose functions of exercising senior management functions;a manager or superintendent, or (2) position incumbents who are employed in a confidential capacity in matters relating to labour relations;relations or personnel, or (3) position incumbents employed in a confidential planning or advisory position in the development of management policy for the Authority, or (4) sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. (c) Incumbents of new positions established by the Employer Authority shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement or by virtue of their being covered by another bargaining unit as specified in Section 4(a) or (b) of the Public Service Labour Relations Actagreement. (1) When the Employer Authority wishes to commence negotiation for the exclusion of a position from the bargaining unit, it shall notify the Union in writing. The Employer Authority will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's job description and a copy of the job description for the position which supervises the applied for position. (2) The Parties parties will then commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position. (i) . Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii) Where the position is classified at ML 6 or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement. (3) If no agreement is reached or if no response is received from the Union within 90 days of the date of notification in (1) above, the Employer Authority may refer the matter to arbitration and have it heard by an arbitrator from a mutually agreeable list of arbitrators. (4) Where a matter has been referred to arbitration, the arbitrated decision, if any, will be deemed to be binding on the Partiesparties. (5) The Employer Authority shall provide to the Union on an annual basis a list of excluded positions and incumbents in each Ministryincumbents.

Bargaining Unit Defined. ‌ (a) The bargaining unit shall comprise all employees included in the Public Service bargaining unit as defined in this Agreement agreement except those employees in positions mutually agreed to between the Parties parties as managerial and (or) and/or confidential exclusions. The Parties parties to this Agreement agreement acknowledge the difficulty in establishing a servicean organization-wide policy for determining managerial and (or) and/or confidential exclusions. The Parties parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government policy or in the process of employer-BCER/employee relations. (b) The guidelines to be considered in negotiating exclusions shall be: (1) position incumbents employed for the primary purpose of exercising senior management functions; (2) position incumbents employed in a confidential capacity in matters relating to labour relations; (3) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. (c) Incumbents of new positions established by the Employer BCER shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement or by virtue of their being covered by another bargaining unit as specified in Section 4(a) or (b) of the Public Service Labour Relations Actagreement. (1) When the Employer BCER wishes to commence negotiation for the exclusion of a position from the bargaining unit, it shall notify the Union in writing. The Employer BCER will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's job description and a copy of the job description for the position which supervises the applied for position. (2) The Parties parties will then commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position. (i) . Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement. (ii) Where the position is classified at ML 6 or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement. (3) If no agreement is reached or if no response is received from the Union within 90 60 days of the date of notification in (1) above, the Employer BCER may refer the matter to arbitration and have it heard by an arbitrator from a mutually agreeable list of arbitratorsthe Labour Relations Board. (4) Where a matter has been referred to arbitrationthe Labour Relations Board, the arbitrated decision, if any, will be deemed to be binding on the Partiesparties. (5) The Employer BCER shall provide to the Union on June 1st on an annual basis a list of excluded positions and incumbents in each Ministryincumbents.