Establishment of Job Classifications. Any job classification, which may be established during the life of this Agreement, and not negotiated on during the period of negotiations of this Agreement shall be subject to negotiations between the Employer and the Union during the term of this Agreement as to its inclusion in the bargaining unit. In the event the City creates a new job description that replaces an existing job classification which may cause such classification to become redundant, the City shall provide the Union a copy of the old job description and the new proposed job description. If the parties hereto fail to reach agreement during such negotiations, the matter may be submitted to the Labour Relations Board by either party for a decision. The decision of the Board shall be final. If the Union is certified as bargaining agent for an employee or employees or a position is included in the bargaining unit by the Labour Relations Board, then the question of which provisions of this collective agreement apply shall be subject to negotiations between the parties. If the parties are unable to reach agreement within sixty (60) calendar days following the issuance of the Notice to Bargain the matter shall be subject to settlement by arbitration and the arbitrator shall have the right to establish the rights, benefits and which articles of the collective agreement shall apply to the position. If the position is determined to be in the bargaining unit, the issue of salary shall be determined in accordance with Article 22:04. However, in exceptional circumstances, due to time constraints or Committee unavailability, the rate of pay shall be set by the Employer and subject thereafter to Article 22:04. In the event the Employer sets the rate of pay and the position is subsequently red-circled by the JE Committee the successful applicant shall have the option of reverting to his / her former position and any other affected employee(s) shall also revert to their former positions. Should any matter arising from Article 22:01 be referred to arbitration then both parties shall make a final offer on all outstanding issues and the arbitrator shall be required to select the complete package on the outstanding issues of one party or the complete package of the outstanding issues of the other.
Establishment of Job Classifications. Any job classification, which may be established during the life of this Agreement, and not negotiated on during the period of negotiation of this Agreement, shall be subject to negotiations between the Employer and the Union during the terms of this Agreement. If the parties hereto fail to reach agreement during such negotiations, the matter may be submitted by either party for a decision to an Arbitration Board in accordance with provisions of Article 9 of this Agreement.
