Common use of Classification Dispute Clause in Contracts

Classification Dispute. 14.9.1 When a new position in the bargaining unit is established by the Employer, or the Employer makes a substantial change in the job content of an existing position, the Employer shall advise the Association of such new or substantially changed position and the rate of pay which is established. If so requested within thirty (30) calendar days of such advice, the Association shall be entitled to bring the matter of the appropriate rate of pay before the Staff Relations Committee for deliberation, provided that any such meeting shall not delay the implementation of the new or substantially changed classification. 14.9.2 Where the matter is not resolved following the deliberations of the SRC, the matter may be referred to arbitration in accordance with the arbitration provisions contained in this collective agreement. It is understood that any arbitration board shall be limited to establishing an appropriate rate based on the relationship existing among other classifications within the Employer and the duties and responsibilities involved, except where the nature of the position is such that there are no appropriate internal comparators. It is further understood and agreed that when determining the appropriate rate, primacy must be given to the relationship between job classifications covered by this collective agreement and that such relativity must be maintained. 14.9.3 Each change in the rate established by the Employer either through the SRC or by a Board of Arbitration shall be retroactive from the time at which the matter was brought before the SRC. 14.9.4 No classification dispute shall be referred to arbitration without this process being exhausted. 14.9.5 Articles 14.4 (General) to 14.5 (Group Dispute) apply to a dispute under Article 14.9.