New Position An approved position not reflected in the current year budget complement.
Term Position A position occupied by a full-time or part-time nurse for a specified period of time, up to a maximum of sixty (60) weeks, where patient/client/resident census or workload necessitates a temporary increase in staffing, if mutually agreed, to replace a nurse(s) who is/are on vacation or leave of absence, or to carry out a special short term project or where the Employer has provided notice of permanent deletion of position(s) under the Memorandum of Understanding regarding Employment Security, or as otherwise mutually agreed between the Union and the Employer. If the Employer determines there is a term position to be filled by a nurse, the term position shall be posted in accordance with Article 30. This shall not preclude the Employer from utilizing part-time nurses and/or casual nurses to work available shifts as specified in Articles 34 and 35 when the Employer decides that a term position is not required. The Employer shall provide written confirmation of the start and expiry dates of the term position prior to the nurse's commencement in the position. This period may be extended if the Employer so requests and the Union agrees. The maximum duration specified in paragraph 1 above for term positions shall not apply in situations where a nurse is absent indefinitely due to Workers Compensation and/or illness and/or accident or where there is a temporary vacancy due to leave for Public Office. In these cases, the Employer shall state on the job posting that the said term position is an "Indefinite Term" which will expire subject to a minimum of twenty-four
New Positions The Board, in consultation with the Association, shall prepare a new job description whenever a new position of special responsibility is created or whenever the duties of any such position are changed or increased. When such a position is created or changed, the allowance shall be subject to negotiations between the Board and the Association.
Permanent Positions All part-time and full-time positions shall be permanent unless identified as being fixed term in accordance with clause 2.2.5.
Employee Employee’s rights and obligations under this Agreement shall not be transferable by Employee by assignment or otherwise, without the prior written consent of the Company; provided, however, that if Employee shall die, all amounts then payable to Employee hereunder shall be paid in accordance with the terms of this Agreement to Employee’s devisee, legatee, or other designee, or if there be no such designee, to Employee’s estate.
Employee’s Duties 11.1 Every employee must at all times:
(a) perform his/her duties with due care and diligence;
(b) comply with the lawful instructions of management;
(c) not engage in inappropriate behaviour; and
(d) comply with policies, procedures and rules in operation at the time.
11.2 In respect of policies, procedures and rules, subject to the law these may deal with such matters as: safe work practices, personal grooming and appearance, clothing and footwear, attendance at training programs, behaviour and performance standards, the searching of lockers, private bags and private vehicles, unauthorised absences, provision of full and accurate information and specific work practices. If at any stage an employee is in doubt about current requirements, he/she must seek clarification from his/her supervisor without delay.
11.3 In respect of such policies, procedures and rules:
(a) Linfox will consult with the TWU and, as appropriate, with TWU site-representatives regarding all current requirements and any proposed future requirements.
(b) Linfox will ensure that all employees are adequately informed of the requirements in place from time to time.
11.4 In the case of locker searches, the individual employee and, where he/she wishes, the union delegate or other readily available nominated employee, must be in attendance at the time.
11.5 All grievances and disputes about industrial matters must be handled strictly in accordance with the steps set out in clause 20 (Disputes). This includes, if the matter is not resolved at an earlier stage in the process, reference to the TWU State Secretary and, if still not resolved, reference to the Industrial Relations Commission.
11.6 All yard meetings during working time for Union business must be at an agreed time for a short duration without disruption to the operations of the contract.
Executive Executive’s rights and obligations under this Agreement shall not be transferable by Executive by assignment or otherwise, without the prior written consent of the Company; provided, however, that if Executive shall die, all amounts then payable to Executive hereunder shall be paid in accordance with the terms of this Agreement to Executive’s devisee, legatee, or other designee, or if there be no such designee, to Executive’s estate.
Bonus Opportunity The Company shall offer each year an incentive bonus compensation plan. Such plan will include an annual bonus target amount equal to at least 50% of the Executive’s annual base salary and shall contain such additional terms as determined by the Chief Executive Officer. The amount of any bonus payable to Executive in any year shall be based upon performance targets established in advance under the bonus plan and Executive’s achievement of such performance criteria.
Filling Positions The Employer will determine when a position will be filled, the type of appointment to be used when filling the position, and the skills and abilities necessary to perform the duties of the specific position within a job classification. Only those candidates who have the position-specific skills and abilities required to perform the duties of the vacant position will be referred for further consideration by the employing agency.
A. An agency’s internal layoff list will consist of employees who have elected to place their name on the layoff list through Article 34, Layoff and Recall, of this Agreement and are confined to each individual agency.
B. The statewide layoff list will consist of employees who have elected to place their name on the statewide layoff list in accordance with WAC 000-00-000.
C. A promotional candidate is defined as an employee who has completed the probationary period within a permanent appointment and has attained permanent status within the agency.
D. A transfer candidate is defined as an employee in permanent status in the same classification as the vacancy within the agency.
E. A voluntary demotion candidate is defined as an employee in permanent status moving to a class in a lower salary range maximum within the agency.
F. When filling a vacant position with a permanent appointment, candidates will be certified for further consideration in the following manner:
1. The most senior candidate on the agency’s internal layoff list with the required skills and abilities who has indicated an appropriate geographic availability will be appointed to the position.
2. If there are no names on the internal layoff list, the agency will certify up to twenty (20) candidates for further consideration. Up to seventy-five percent (75%) of those candidates will be statewide layoff, agency promotional, internal transfers, and agency voluntary demotions. All candidates certified must have the position-specific skills and abilities to perform the duties of the position to be filled. If there is a tie for the last position on the certification for either promotional or other candidates, the agency may consider up to ten
JOB When a vacancy occurs in any job which is likely to remain open for over four work weeks (or such longer period as the parties may mutually agree) notice of such vacancy shall be posted within eighteen working days of the vacancy arising and shall remain posted for five working days on the bulletin board or boards provided on the premises for that purpose. The Company shall provide the Union with a copy of each vacancy posted. All notices of vacancies shall designate the classification of the job vacant The of pay shall be determined from the schedule of wages herein. The Company will provide the Union with the name and employee number of the persons who applied for the job. If an employee applies for a posting and is named the successful applicant, he will be required to accept the position. A probationary period of sixty calendar days shall apply to promotions. If no applications are made, the Company shall then be free to choose an employee who did not apply for such job and is willing to accept it. Where the senior employee has relatively equal ability and qualifications for the vacancy in relation to other applicants, he shall receive the promotion. For the purposes of this paragraph, the senior employee shall mean the employee with the most continuous length of service within the bargaining unit. When the senior employee does not have relatively equal ability and qualifications for the vacancy in relation to other applicants and a less senior employee is chosen, the Company will make its choice known to the Union before announcing name of the successful applicant. Should the Union wish to make representations to the Company concerning the Company’s choice, the Union must do so within five working days and the Union and the Company agree to meet to discuss the Company’s choice. If thereafter this question is unresolved, it may be made the subject of a grievance. Any employee who applied for the job and was not chosen may within five working days after the Successful applicant has been declared, register a protest to the Union in writing. In the event that the protest is brought to the Company’s attention, the Company agrees to discuss with the Union and the employee the question of the and qualifications with a view to improving the employee’s opportunity for future postings. If thereafter this question is unresolved, it may be made the subject of a grievance. Company agrees to offer job training opportunities for posted positions to interested full-time employees with s ability and qualification to warrant such . training. A job vacancy shall be deemed not to exist where the work available for the job is not sufficient to warrant it being filled. The Company agrees all employees within the bargaining unit will become and remain, as a condition of employment, members of the Union during the of this Agreement. The Company shah new employees to make application for membership in the Union at the time of their hiring. The Company shall collect membership initiation fees as may be established by Union and forward the application form and such fees to Union the regular monthly dues remittance. The Company agrees to deduct from the pay of each regular employee, as a condition of employment, such dues as may from time to time be set by the Union and to forward the amount so deducted to Secretary-Treasurer of the Union. The Company agrees to supply to the Union a report showing annual Union Dues accumulation for each employee. The Company further agrees to record the annual Union Dues Deductions for each employee on his form. The Company agrees to forward to the Union on a monthly basis, a complete alphabetical listing of all employees, including their home address, starting date, plant location, department and Social Insurance Number, separated in full-time and part-time. The Company to officers, so designated by the Union, from each Local and to grant them time off with pay as may be reasonably necessary to service any grievance or grievance. The Company also agrees to a committee comprised of representatives of employees, so designated by the Union, for the purposes of collective bargaining or with the Company. The Committee wig be afforded the necessary time o pay to attend such meetings with representatives of the Company. representatives of the Union shall be entitled to visit any department covered by this Agreement for the purposes of observing working conditions, interviewing members and employees and ensuring the terms of this Agreement are being implemented. The interviewing of an employee shall be permitted after the appropriate management representative has given his consent, which shall not be unreasonably withheld Any condition of employment or working conditions now in effect will remain in effect changed by collective bargaining. The Union may use the Warehouse bulletin boards for the posting of Union notices. All such notices must be approved by the Warehouse Manager before being posted on the bulletin boards.
