Exclusive Bargaining Agent The unit recognized by the public employer and certified by PERC as the unit designated or selected by a majority of public employees as their representative for purposes of collective bargaining.
Collective Bargaining The School shall be subject to collective bargaining under Ch. 89, HRS, and shall comply with the master agreements as negotiated by the State; provided that the School may enter into supplemental collective bargaining agreements that contain cost and non-cost items to facilitate decentralized decision-making. The School shall provide a copy of any supplemental collective bargaining agreement to the Commission.
Collective Bargaining Agreement The term “
Collective Bargaining Unit 1.1 The Company recognizes the Union as the sole bargaining agent for all regular, part-time and temporary employees1, including technicians of the construction field forces and security employees but excluding:
(a) Employees now represented by other bargaining agents.
(b) Persons above the rank of working supervisor.
(c) Persons who exercise managerial functions in accordance with the Ontario Labour Relations Act.
(d) Persons employed in a confidential capacity in matters relating to labour relations in accordance with the Ontario Labour Relations Act.
1.2 The grievance/arbitration procedure may be used to challenge any unreasonable, arbitrary or bad faith action taken by the Company which results in the exclusion of any employee or position from the bargaining unit. The parties will attempt to resolve disputes expeditiously. 1 "Employees" are employees pursuant to the Labour Relations Act for Ontario SO, 1995, c.1 Schedule A, as amended.
1.3 When an employee is removed from normal duties to act in a vacated position or relieve for an incumbent or perform a temporary assignment, the following shall apply:
(a) When the length of time involved is known to be three months or less, the employee will retain his/her present jurisdictional status.
(b) When it is expected that the length of time will be longer than three months, the employee will be excluded or included at the commencement of his/her new responsibilities. However, in the event the period is actually less than three months:
(1) in exclusion cases, the Union will be reimbursed the dues which would have been paid;
(2) in inclusion cases, the Union will reimburse the employee the dues which have been paid.
(c) When the length of time is unknown, the employee will retain his/her present jurisdictional status up to the three month period. If the period extends beyond three months, the employee will then be either included or excluded.
Collective Bargaining Agreements This chapter shall be superseded by a collective bargaining agreement that expressly so provides.
Local Bargaining 2.4.1 Notwithstanding section 59(2) of the Labour Relations Code, a notice to commence local bargaining by a School Division or the Association must be served after, but not more than 60 days after, the collective agreement referred to in section 11(4) of PECBA has been ratified or the central terms have otherwise been settled.
2.4.2 A notice referred to in subsection 2.4.1 is deemed to be a notice to commence collective bargaining referred to in section 59(1) of the Labour Relations Code.
SINGLE BARGAINING UNIT The parties to this Agreement, along with all those employees whose employment is governed by this Agreement, constitute a single bargaining unit for the purposes of negotiating and implementing the terms of this Agreement. The form and operation of this single bargaining unit will be subject to this Agreement.
Positions outside the Bargaining Unit (a) An employee may substitute temporarily in a position outside the bargaining unit for up to fifteen (15) months from the date of the assignment. Bargaining unit employees shall be given the first opportunity to fill the resulting vacancy. The employee shall have the right to return to her or his bargaining unit position prior to the expiry of the fifteen (15) month period by giving the Employer six (6) weeks’ notice. Where an employee is backfilling outside of the bargaining unit for purposes of pregnancy and/or parental leave, the period of time will be extended up to nineteen (19) months from the date of the assignment. An employee who remains outside of the bargaining unit beyond the period covered by this article shall lose all seniority. When the employee returns to the bargaining unit, all other employee(s) shall revert to their previous positions. An employee must remain in the bargaining unit for a period of at least three (3) months before transferring out of the bargaining unit again or she or he will lose all seniority held at the time of the subsequent transfer unless the parties agree otherwise.
(b) An employee who accepts a transfer under (a) above will not be required to pay Union dues for any complete calendar month during which no bargaining unit work is performed.
(c) An employee who accepts a permanent position outside of the bargaining unit will lose all seniority held at the time of the transfer.
(d) The Employer will advise the Union of the names of any employees pursuant to Article 9.17(a) or (b).
Work of the Bargaining Unit (a) In order to protect the standard of nursing care, the Employer shall not contract out the work normally performed by members of this bargaining unit except:
i) For purposes of instruction,
ii) In the event of an emergency situation,
iii) When performing developmental or experimental work, or
iv) When employees are not available due to an employee not reporting for work as scheduled or not being available for work.
(b) Reassignment to other employees of work normally performed by members of the bargaining unit shall not result in the termination, layoff or reduction in hours of any member of the bargaining unit.
(c) When it is decided to not fill a position following an employee’s resignation, the Home will provide the rationale in writing for this decision to the Union. The Union may request a meeting to make representations on this matter.
Central Bargaining Notwithstanding the foregoing provisions, in the event the parties to this Agreement agree to negotiate for its renewal through the process of central bargaining, either party to this Agreement may give notice to the other party of its desire to bargain for amendments on local matters proposed for incorporation in the renewal of this Agreement and negotiations on local matters shall take place during the period from 120 to 60 days prior to the termination date of this Agreement. Negotiations on central matters shall take place during the period commencing forty-five days prior to the termination date of this Agreement. It is understood and agreed that "local matters" means, those matters which have been determined by mutual agreement between the central negotiating committees respectively representing each of the parties to this Agreement as being subjects for local bargaining directly between the parties to this Agreement. It is also agreed that local bargaining shall be subject to such procedures that may be determined by mutual agreements between the central negotiating committees referred to above. For such purposes, it is further understood that the central negotiating committees will meet during the sixth month prior to the month of termination of this Agreement to convey the intentions of their principals as to possible participation in central negotiations, if any, and the conditions for such central bargaining.
