Common use of Classification Appeal Tribunal Clause in Contracts

Classification Appeal Tribunal. (a) A Classification Appeal Tribunal shall be established to make final and binding decision on a dispute concerning the classification of the position an employee occupies. (b) The Classification Appeal Tribunal shall be comprised of three (3) members. One member of the Tribunal shall be nominated by the Public Service Commission, and one member shall be nominated by the Union. The third member, who shall be the chairperson, shall be appointed on the mutual agreement of the parties. If the parties fail to agree upon the chairperson within thirty (30) days of the signing of this Agreement, or within thirty (30) days of a vacancy in the position of chairperson, the chairperson shall be appointed by the Civil Service Employee Relations Board. (c) The members of the Tribunal shall be appointed for a term of office not exceeding five (5) years. Upon expiration of a member's term of office he/she may be re-appointed for a term not exceeding five (5) years. The re- appointment of a member or the appointment of his/her successor shall be in accordance with the provisions set out in 40.03(b) above. (d) Notwithstanding the provisions of 40.03(c), the chairperson of the Tribunal shall be replaced at the request of either party and any other member of the Tribunal shall be replaced at the request of the party nominating that member. Such replacement shall be made in accordance with the provisions of 40.03(b). (e) The members of the Tribunal shall be paid remuneration as may be fixed by the Governor in Council, and actual and reasonable expenses as may be incurred by them in the discharge of their duties. (f) The Tribunal shall, within thirty (30) days of the receipt of an appeal, review the appeal and may hold a hearing on the appeal. If either party to the Agreement requests a hearing, such hearing shall take place in accordance with the procedure set out in this Article. (g) The Tribunal shall decide the issue of the proper classification for the position in question based on the existing classification system. (h) The Tribunal may determine its own procedure and shall have the power to issue such orders, notices, directives, declarations as it considers necessary, and such other powers conferred upon an arbitrator under the provisions of the Arbitration Act. (i) The Tribunal shall not: (1) alter any position descriptions and/or classification standards determined by the Employer; (2) entertain an appeal based solely on the grounds of the inadequacy of the pay rates negotiated for the classification assigned to the position occupied by the appellant employee; (3) entertain an appeal in respect to a position that has been considered by it within the previous twelve (12) months, except where the appellant can demonstrate in writing that there has been a substantial change in the duties, responsibilities or requirements of that position. (j) A decision of the majority shall be the decision of the Tribunal. Where there is no majority decision, the decision of the chairperson shall be the decision of the Tribunal. (k) The Tribunal shall render its decision on a dispute under this Article within sixty (60) days of the matter being submitted to it, or at such later time as may be mutually agreed by the parties. (l) The Tribunal shall communicate its decision and reasons therefor in respect to the appeal in writing to the employee, the Employer and the Union. (m) The decision of the Tribunal is final and binding on all parties and no employee shall have grievance rights in respect of a decision of the Tribunal.

Classification Appeal Tribunal. (a) A Classification Appeal Tribunal shall be established to make final and binding decision on a dispute concerning the classification of the position an employee occupies. (b) The Classification Appeal Tribunal shall be comprised of three (3) members. One member of the Tribunal shall be nominated by the Public Service Commission, and one member shall be nominated by the Union. The third member, who shall be the chairperson, shall be appointed on the mutual agreement of the parties. If the parties fail to agree upon the chairperson within thirty (30) business days of the signing of this Agreement, or within thirty (30) days of a vacancy in the position of chairperson, the chairperson shall be appointed by the Civil Service Employee Relations Board. (c) The members of the Tribunal shall be appointed for a term of office not exceeding five (5) years. Upon expiration of a member's term of office he/she may be re-appointed for a term not exceeding five (5) years. The re- appointment of a member or the appointment of his/her successor shall be in accordance with the provisions set out in 40.03(b41.03(b) above. (d) Notwithstanding the provisions of 40.03(c41.03(c), the chairperson of the Tribunal shall be replaced at the request of either party and any other member of the Tribunal shall be replaced at the request of the party nominating that member. Such replacement shall be made in accordance with the provisions of 40.03(b41.03(b). (e) The members of the Tribunal shall be paid remuneration as may be fixed by the Governor in Governor-in-Council, and actual and reasonable expenses as may be incurred by them in the discharge of their duties. (f) The Tribunal shall, within thirty (30) business days of the receipt of an appeal, review the appeal and may hold a hearing on the appeal. If either party to the Agreement requests a hearing, such hearing shall take place in accordance with the procedure set out in this Article. (g) The Tribunal shall decide the issue of the proper classification for the position in question based on the existing classification system. (h) The Tribunal may determine its own procedure and shall have the power to issue such orders, notices, directives, declarations as it considers necessary, and such other powers conferred upon an arbitrator under the provisions of the Arbitration Act. (i) The Tribunal shall not: (1) alter any position descriptions and/or classification standards determined by the Employer; (2) entertain an appeal based solely on the grounds of the inadequacy of the pay rates negotiated for the classification assigned to the position occupied by the appellant employee; (3) entertain an appeal in respect to a position that has been considered by it within the previous twelve (12) months, except where the appellant can demonstrate in writing that there has been a substantial change in the duties, responsibilities or requirements of that position. (j) A decision of the majority shall be the decision of the Tribunal. Where there is no majority decision, the decision of the chairperson shall be the decision of the Tribunal. (k) The Tribunal shall render its decision on a dispute under this Article within sixty (60) days of the matter being submitted to it, or at such later time as may be mutually agreed by the parties. (l) The Tribunal shall communicate its decision and reasons therefor in respect to the appeal in writing to the employee, the Employer and the Union. (m) The decision of the Tribunal is final and binding on all parties and no employee shall have grievance rights in respect of a decision of the Tribunal.

Classification Appeal Tribunal. (a) A Classification Appeal Tribunal shall be established to make final and binding decision on a dispute concerning the classification of the position an employee occupies. (b) The Classification Appeal Tribunal shall be comprised of three (3) members. One member of the Tribunal shall be nominated by the Public Service CommissionEmployer, and one member shall be nominated by the Union. The third member, who shall be the chairperson, shall be appointed on the mutual agreement of the parties. If the parties fail to agree upon the chairperson within thirty (30) days of the signing of this Agreement, or within thirty (30) days of a vacancy in the position of chairperson, the chairperson shall be appointed by the Civil Service Employee Relations Board. (c) The members of the Tribunal shall be appointed for a term of office not exceeding five (5) years. Upon expiration of a member's term of office he/she may be re-appointed for a term not exceeding five (5) years. The re- re-appointment of a member or the appointment of his/her successor shall be in accordance with the provisions set out in 40.03(b) above. (d) Notwithstanding the provisions of 40.03(c), the chairperson of the Tribunal shall be replaced at the request of either party and any other member of the Tribunal shall be replaced at the request of the party nominating that member. Such replacement shall be made in accordance with the provisions of 40.03(b). (e) The members of the Tribunal shall be paid remuneration as may be fixed agreed by the Governor in Councilparties, and actual and reasonable expenses as may be incurred by them in the discharge of their duties. (f) The Tribunal shall, within thirty (30) business days of the receipt of an appeal, review the appeal and may hold a hearing on the appeal. If either party to the Agreement requests a hearing, such hearing shall take place in accordance with the procedure set out in this Article. (g) The Tribunal shall decide the issue of the proper classification for the position in question based on the existing classification system. (h) The Tribunal may determine its own procedure and shall have the power to issue such orders, notices, directives, declarations as it considers necessary, and such other powers conferred upon an arbitrator under the provisions of the Arbitration Act. (i) The Tribunal shall not: (1) alter any position descriptions and/or classification standards determined by the Employer; (2) entertain an appeal based solely on the grounds of the inadequacy of the pay rates negotiated for the classification assigned to the position occupied by the appellant employee; (3) entertain an appeal in respect to a position that has been considered by it within the previous twelve (12) months, except where the appellant can demonstrate in writing that there has been a substantial change in the duties, responsibilities or requirements of that position. (j) A decision of the majority shall be the decision of the Tribunal. Where there is no majority decision, the decision of the chairperson shall be the decision of the Tribunal. (k) The Tribunal shall render its decision on a dispute under this Article within sixty (60) days of the matter being submitted to it, or at such later time as may be mutually agreed by the parties. (l) The Tribunal shall communicate its decision and reasons therefor in respect to the appeal in writing to the employee, the Employer and the Union. (m) The decision of the Tribunal is final and binding on all parties and no employee shall have grievance rights in respect of a decision of the Tribunal.

Classification Appeal Tribunal. (a) A Classification Appeal Tribunal shall be established to make a final and binding decision on a dispute concerning the classification of the position an employee occupies. (b) The Classification Appeal Tribunal shall be comprised of three (3) members. One member of the Tribunal shall be nominated by the Public Service Commission, and one member shall be nominated by the Union. The third member, who shall be the chairperson, shall be appointed on the mutual agreement of the parties. If the parties fail to agree upon the chairperson within thirty (30) business days of the signing of this Agreement, or within thirty (30) days of a vacancy in the position of chairperson, the chairperson shall be appointed by the Civil Service Employee Relations Board. (c) The members of the Tribunal shall be appointed for a term of office not exceeding five (5) years. Upon expiration of a member's ’s term of office he/she may be re-appointed for a term not exceeding five (5) years. The re- re-appointment of a member or the appointment of his/her successor shall be in accordance with the provisions set out in 40.03(b43.03(b) above. (d) Notwithstanding the provisions of 40.03(c43.03 (c), the chairperson of the Tribunal shall be replaced at the request of either party and any other member of the Tribunal shall be replaced at the request of the party nominating that member. Such replacement shall be made in accordance with the provisions of 40.03(b43.03(b). (e) The members of the Tribunal shall be paid remuneration as may be fixed by the Governor in Governor- in-Council, and actual and reasonable expenses as may be incurred by them in the discharge of their duties. (f) The Tribunal shall, shall within thirty (30) business days of the receipt of an appeal, review the appeal and may hold a hearing on the appeal. If either party to the Agreement requests a hearing, such hearing shall take place in accordance with the procedure set out in this Article. (g) The Tribunal shall decide the issue of the proper classification for the position in question based on the existing classification system. (h) The Tribunal may determine its own procedure and shall have the power to issue such orders, notices, directives, declarations as it considers necessary, and such other powers conferred upon an arbitrator under the provisions of the Arbitration Act. (i) The Tribunal Act but in no case shall not: (1) alter any position descriptions and/or classification standards determined by the Employer; (2) entertain an appeal based solely on the grounds of the inadequacy of the pay rates negotiated for the classification assigned such order notice, directive or declaration be contrary to the position occupied by the appellant employee; (3) entertain an appeal in respect to a position that has been considered by it within the previous twelve (12) monthsthis Agreement, except where the appellant can demonstrate in writing that there has been a substantial change in the duties, responsibilities or requirements of that position. (j) A decision of the majority shall be the decision of the Tribunal. Where there is no majority decision, the decision of the chairperson shall be the decision of the Tribunal. (k) The Tribunal shall render its decision on a dispute under this Article within sixty (60) days of the matter being submitted to it, or at such later time as may be mutually agreed by the parties. (l) The Tribunal shall communicate its decision and reasons therefor in respect to the appeal in writing to the employee, the Employer and the Union. (m) The decision of the Tribunal is final and binding on all parties and no employee shall have grievance rights in respect of a decision of the Tribunal.specifically 43.02