Exclusions from Bargaining Unit. 1. Any position that is currently included in the bargaining unit may not be excluded from the bargaining unit without the mutual agreement of the parties. a. Any exclusion shall be determined on the basis that the position involves: i. any of the functions outlined in the Labour Relations Code as the basis for exclusion from the definition of an "employee"; or ii. the functions of a director of instruction as provided by the School Act; or iii. includes any duties regarding the supervision and evaluation of teachers as designated to principals and vice- principals in the School Act. b. Failure by the parties to reach mutual agreement shall result in the parties referring the matter directly to arbitration pursuant to Article A.6 (P.C.A.6). c. The Board shall notify the Association of any newly created position offered in the District, including a written description of the position, prior to posting. d. Any newly created position requiring a teaching certificate shall be included in the bargaining unit unless the position is excluded by mutual agreement of the parties. The provisions of Article A.23.1.a and A.23.1.b shall apply.
Appears in 6 contracts
Samples: Provincial and Local Matters Agreement, Provincial and Local Matters Agreement, Provincial and Local Matters Agreement
