Common use of Challenges to Reclassified Positions by Other Employees Clause in Contracts

Challenges to Reclassified Positions by Other Employees. A) Any Permanent Full-Time, Permanent Part-Time or Permanent Labour Service position which is reclassified and results in a promotion for the incumbent shall be advertised on the Public Service Commission’s website and posted in the reclassification challenge unit. The incumbent is not required to apply to the posting. B) Such a reclassified position becomes subject to the challenge process when another employee establishes to the satisfaction of the Commission and the Union that her promotional opportunities have been unjustly curtailed in view of the fact that the duties might as readily have been assigned to her. i) The challenge is initiated by the challenger forwarding her resume to the Commission by the posted deadline. The challenge is valid if the challenger is: a. more senior; b. of the same employment status; c. in the same occupation and classification level; d. from the same reclassification challenge unit; and e. In the case of a reclassified permanent part-time position, a permanent part-time employee who works the same or greater number of hours. ii) If the challenge is valid, the Commission must ascertain if the challenger is qualified for the higher level duties in accordance with Article 6. iii) If the challenger is qualified, the challenger’s position will be permanently reclassified at the higher level effective the first of the pay period following the original decision. iv) The original incumbent shall be appointed to his previous position at his previous classification level effective the first day of the pay period immediately following the date of the change.

Challenges to Reclassified Positions by Other Employees. A) Any Permanent Full-Time, Permanent Part-Time or Permanent Labour Service position which is reclassified and results in a promotion for the incumbent shall be advertised on the Public Service Commission’s website and posted in the reclassification challenge unit. The incumbent is not required to apply to the posting. B) Such a reclassified position becomes subject to the challenge process when another employee establishes to the satisfaction of the Commission and the Union that her promotional opportunities have been unjustly curtailed in view of the fact that the duties might as readily have been assigned to her. i) The challenge is initiated by the challenger forwarding her resume to the Commission by the posted deadline. The challenge is valid if the challenger is: a. more senior; b. of the same employment status; c. in the same occupation and classification leveloccupation; d. from the same reclassification challenge unit; and e. In the case of a reclassified permanent part-time position, a permanent part-time employee who works the same or greater number of hours. ii) If the challenge is valid, the Commission must ascertain if the challenger is qualified for the higher level duties in accordance with Article 6. iii) If the challenger is qualified, the challenger’s position will be permanently reclassified at the higher level effective the first of the pay period following the original decision. iv) The original incumbent shall be appointed to his previous position at his previous classification level effective the first day of the pay period immediately following the date of the change.