EXCLUSIONS FROM THE BARGAINING UNIT. 1. Positions that are currently included in the bargaining unit shall not be excluded from the bargaining unit without the mutual agreement of the parties. 2. The Board will submit a position description to the Association for newly created positions which the Board wishes to exclude from the bargaining unit. 3. Notification of newly created positions will be submitted to the Association before such vacancies are advertised. 4. If the Association does not agree that a newly created position is excluded, a discussion will take place to resolve the matter. Should the parties fail to agree, the matter may be referred to the Labour Relations Board for resolution under Section 139 of the Labour Relations Code, on the basis of whether or not the position in question is that of a teacher, as defined in the School Act and Regulations.
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Samples: Collective Agreement, Collective Agreement, Collective Agreement