Common use of Conversion to Permanent Ongoing Status Clause in Contracts

Conversion to Permanent Ongoing Status. Where an employee has become a regular employee through the application of Article 31.1, and where that employee has not been recalled to an ongoing position, but has been employed in temporary contracts pursuant to Article 12.6(d) and 12.6(e) for three (3) consecutive years without a three (3) consecutive month gap in employment, the Labour/Management Committee will review the employee’s work history and make a recommendation to the employee’s Xxxx and Associate Xxxx regarding regular permanent employment. The Labour/Management Committee will take into consideration the following factors, including, but not limited to: (1) The expectation of ongoing work in the program. (2) The nature of the previous temporary appointments (i.e. backfill, non backfill, industry services etc). (3) Enrolment forecasts, labour market studies and waitlists for the program/department. (4) Industry trends and utilization rates within the program. (5) The employee’s ability to perform the full scope of instructional duties within the department. (6) The employee’s average FTE status over the employee’s three (3) consecutive years of employment. (7) The current and expected funding sources for the program. (8) The employee has acquired their Provincial Instructor Diploma (PID) or equivalent. The Labour/Management Committee will meet xxxxxxxxxx, on or about May 1 and October 1 of each year, to review employees who meet this threshold. The Parties to the Labour/Management Committee may make recommendations related to permanent employment, FTE and other conditions which may require a memorandum of agreement between the Parties. The Parties to the Labour/Management Committee will make reasonable efforts to come to a consensus recommendation. If the Parties are unable to provide a consensus recommendation, either Party may submit an independent recommendation to the Xxxx and Associate Xxxx. Where an employee is converted under this language to permanent ongoing status, and where there is a need to conduct a layoff under Article 12 within two (2) years of the employee’s conversion, the employer will have the option of (a) conducting a layoff under Article 12 or (b) providing the least senior regular employee(s) that was converted with a severance payment as described in Article 12.5(a)(4) and all other rights under Article 12 will be waived. In the event that the Union disagrees with the Xxxx’x decision, it may refer the matter to an arbitrator for determination of whether the Employer acted in a reasonable manner. Such referral shall take place within thirty (30) days of being advised of the Xxxx’x decision. The Parties agree that this is the mechanism for dealing with any dispute related to a decision under this article. Nothing in this article prevents the Union from discussing the conversion of employees to regular permanent employment at Labour/Management Committee meetings prior to an employee’s three (3) year threshold being met, however, the provisions in this article shall not apply in these circumstances.

Appears in 4 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Conversion to Permanent Ongoing Status. Where an employee has become a regular employee through the application of Article 31.1, and where that employee has not been recalled to an ongoing position, but has been employed in temporary contracts pursuant to Article 12.6(d) and 12.6(e) for three (3) consecutive years without a three (3) consecutive month gap in employment, the Labour/Management Committee will review the employee’s work history and make a recommendation to the employee’s Xxxx and Associate Xxxx regarding regular permanent employment. The Labour/Management Committee will take into consideration the following factors, including, but not limited to: (1) The expectation of ongoing work in the programspecialization. (2) The nature of the previous temporary appointments (i.e. backfill, non backfill, industry services etc). (3) Enrolment forecasts, labour market studies and waitlists for the program/departmentspecialization. (4) Industry trends and utilization rates within the program. (5) The employee’s ability to perform the full scope of instructional duties within the departmentspecialization. (6) The employee’s average FTE status over the employee’s three (3) consecutive years of employment. (7) The current and expected funding sources for the program. (8) The employee has acquired their Provincial Instructor Instructor’s Diploma (PID) or equivalent. The Labour/Management Committee will meet xxxxxxxxxxbiannually, on or about May 1 and October 1 of each year, to review employees who meet this threshold. The Parties to the Labour/Management Committee may make recommendations related to permanent employment, FTE and other conditions which may require a memorandum of agreement between the Parties. The Parties to the Labour/Management Committee will make reasonable efforts to come to a consensus recommendation. If the Parties are unable to provide a consensus recommendation, either Party may submit an independent recommendation to the Xxxx and Associate Xxxx. Where an employee is converted under this language to permanent ongoing status, and where there is a need to conduct a layoff under Article 12 within two (2) years of the employee’s conversion, the employer will have the option of (a) conducting a layoff under Article 12 or (b) providing the least senior regular employee(s) that was converted with a severance payment as described in Article 12.5(a)(4) and all other rights under Article 12 will be waived. In the event that the Union disagrees with the Xxxx’x decision, it may refer the matter to an arbitrator for determination of whether the Employer acted in a reasonable manner. Such referral shall take place within thirty (30) days of being advised of the Xxxx’x decision. The Parties agree that this is the mechanism for dealing with any dispute related to a decision under this article. Nothing in this article prevents the Union from discussing the conversion of employees to regular permanent employment at Labour/Management Committee meetings prior to an employee’s three (3) year threshold being met, however, the provisions in this article shall not apply in these circumstances.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

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Conversion to Permanent Ongoing Status. Where an employee has become a regular employee through the application of Article 31.1, and where that employee has not been recalled to an ongoing position, but has been employed in temporary contracts pursuant to Article 12.6(d) and 12.6(e) for three (3) consecutive years without a three (3) consecutive month gap in employment, the Labour/Management Committee will review the employee’s work history and make a recommendation to the employee’s Xxxx and Associate Xxxx regarding regular permanent employment. The Labour/Management Committee will take into consideration the following factors, including, but not limited to: (1) . The expectation of ongoing work in the programspecialization. (2) . The nature of the previous temporary appointments (i.e. backfill, non backfill, industry services etc). (3) . Enrolment forecasts, labour market studies and waitlists for the program/departmentspecialization. (4) . Industry trends and utilization rates within the program. (5) . The employee’s ability to perform the full scope of instructional duties within the departmentspecialization. (6) . The employee’s average FTE status over the employee’s three (3) consecutive years of employment. (7) . The current and expected funding sources for the program. (8) 8. The employee has acquired their Provincial Instructor Instructor’s Diploma (PID) or equivalent. The Labour/Management Committee will meet xxxxxxxxxx, on or about May 1 and October 1 of each year, to review employees who meet this threshold. The Parties to the Labour/Management Committee may make recommendations related to permanent employment, FTE and other conditions which may require a memorandum of agreement between the Parties. The Parties to the Labour/Management Committee will make reasonable efforts to come to a consensus recommendation. If the Parties are unable to provide a consensus recommendation, either Party may submit an independent recommendation to the Xxxx and Associate Xxxx. Where an employee is converted under this language to permanent ongoing status, and where there is a need to conduct a layoff under Article 12 within two (2) years of the employee’s conversion, the employer will have the option of (a) conducting a layoff under Article 12 or (b) providing the least senior regular employee(s) that was converted with a severance payment as described in Article 12.5(a)(4) and all other rights under Article 12 will be waived. In the event that the Union disagrees with the Xxxx’x decision, it may refer the matter to an arbitrator for determination of whether the Employer acted in a reasonable manner. Such referral shall take place within thirty (30) days of being advised of the Xxxx’x decision. The Parties agree that this is the mechanism for dealing with any dispute related to a decision under this article. Nothing in this article prevents the Union from discussing the conversion of employees to regular permanent employment at Labour/Management Committee meetings prior to an employee’s three (3) year threshold being met, however, the provisions in this article shall not apply in these circumstances.three

Appears in 1 contract

Samples: Collective Agreement

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