Common use of Grounds II Clause in Contracts

Grounds II. This category will apply when the employee has assigned, for at least 50% of the time in a calendar year, 20 or more Grounds hours per day, when the Grounds II is in charge. The rate will be paid through the year, not only while they are working directly with the crew. The parties will enter into a Letter of Understanding that reads as follows: A. The parties agree that the introduction of location into the posting provisions of the collective agreement results in anomalies with respect to posting and bumping which affect the positions of Education Assistants (EA) and Youth Workers. The parties agree to apply the posting and bumping provisions in recognition of the following factors: 1. There may be a necessity with respect to certain Education Assistant or Youth Workers positions to require, in either the posting or selection process, that applicants be selected on the basis of gender to reflect needs unique to the position. Examples include positions where the students in the program include a preponderance of abused females who require a female role model to make the program effective. A further example is where the student or students involved in the program require physical assistance with respect to personal needs that can best be accommodated by an employee of the same sex as the student or students. 2. A reality of the Education Assistance and Youth Worker programs is that circumstances may arise requiring the granting of additional hours to employees in part-time positions during the school year where posting the position would disrupt the program by reason of disrupting established relationships that are expected to endure to the end of the school term. In that context the Union agrees that additional hours may be granted to part-time employees in those classifications during the school year on a temporary basis without posting. If the requirement continues beyond the school year, the position involving the increased hours will be posted. 3. The parties acknowledge that the same potential for disruption exists where the hours in a particular position in the Education Assistant or Youth Worker classifications are reduced or eliminated, thus triggering a right in the employee to bump into other positions and perhaps disrupt relationships. The Union agrees in those circumstances that the Employer can make up the hours at another location on a temporary basis for the duration of the school year. In the event the employee is not able to obtain a satisfactory position at the end of the school year, bumping rights will be implemented. 4. The parties recognize that circumstances may arise where a student receiving one-on-one assistance transfers to another location, or circumstances may require the movement of a special needs program to a new location. The employee assigned to that student or program may move with the student or program to the new location. However, if this movement would result in a vacancy, the employee may opt to remain at the original 5. The parties acknowledge that where gender is an issue with respect to a position, employees seeking to bump into that position will meet the gender requirement. B. In addition to the anomalies arising specifically with respect to Education Assistants and Youth Workers, the parties acknowledge that other anomalies may arise with respect to classifications generally which may require adaptation of the posting and bumping provisions. Inparticular: 1. Where an employee's hours are assigned to more than one (1) location, the parties agree that with the consent of the employee the hours can be adjusted within the total appointed hours of the employee or consolidated at those locations; however, full time day shift caretaker positions will be posted. 2. Where hours assigned to an employee are reduced or eliminated at a location, those hours, with the consent of the employee, may be made up at another location for the duration of the school year. In the event the employee concerned does not obtain another position through posting, or if the original hours are not restored, the employee's right to bump will be implemented. C. The employer will notify the Union prior to making any adjustments as described in A and B above. D. The parties recognize that the introduction of the concept of location may result in further anomalies of application which require addressing during the currency of the collective agreement. There is also the possibility of disputes with respect to the application of this Letter of Understanding. In that event, the parties agree: 1. If a dispute arises, the parties agree to meet and seek to resolve particular anomalies. Where no agreement can be reached, the parties agree to use an Arbitrator which is mutually agreed upon by both parties. 2. Any decision given in that process will be binding, but only until the expiration of the current collective agreement, at which time the parties will be free to address the issue in collective bargaining.

Grounds II. This category will apply when the employee has assigned, for at least 50% of the time in a calendar year, 20 or more Grounds hours per day, when the Grounds II is in charge. The rate will be paid through the year, not only while they are working directly with the crew. The parties will enter into a Letter of Understanding that reads as follows: A. The parties agree that the introduction of location into the posting provisions of the collective agreement results in anomalies with respect to posting and bumping which affect the positions of Education Assistants (EA) and Youth Workers. The parties agree to apply the posting and bumping provisions in recognition of the following factors: 1. There may be a necessity with respect to certain Education Assistant or Youth Workers positions to require, in either the posting or selection process, that applicants be selected on the basis of gender to reflect needs unique to the position. Examples include positions where the students in the program include a preponderance of abused females who require a female role model to make the program effective. A further example is where the student or students involved in the program require physical assistance with respect to personal needs that can best be accommodated by an employee of the same sex as the student or students. 2. A reality of the Education Assistance and Youth Worker programs is that circumstances may arise requiring the granting of additional hours to employees in part-time positions during the school year where posting the position would disrupt the program by reason of disrupting established relationships that are expected to endure to the end of the school term. In that context the Union agrees that additional hours may be granted to part-time employees in those classifications during the school year on a temporary basis without posting. If the requirement continues beyond the school year, the position involving the increased hours will be posted. 3. The parties acknowledge that the same potential for disruption exists where the hours in a particular position in the Education Assistant or Youth Worker classifications are reduced or eliminated, thus triggering a right in the employee to bump into other positions and perhaps disrupt relationships. The Union agrees in those circumstances that the Employer can make up the hours at another location on a temporary basis for the duration of the school year. In the event the employee is not able to obtain a satisfactory position at the end of the school year, bumping rights will be implemented. 4. The parties recognize that circumstances may arise where a student receiving one-on-one assistance transfers to another location, or circumstances may require the movement of a special needs program to a new location. The employee assigned to that student or program may move with the student or program to the new location. However, if this movement would result in a vacancy, the employee may opt to remain at the original 5. The parties acknowledge that where gender is an issue with respect to a position, employees seeking to bump into that position will meet the gender requirement. B. In addition to the anomalies arising specifically with respect to Education Assistants and Youth Workers, the parties acknowledge that other anomalies may arise with respect to classifications generally which may require adaptation of the posting and bumping provisions. Inparticular: 1. Where an employee's hours are assigned to more than one (1) location, the parties agree that with the consent of the employee the hours can be adjusted within the total appointed hours of the employee or consolidated at those locations; however, full time day shift caretaker positions will be posted. 2. Where hours assigned to an employee are reduced or eliminated at a location, those hours, with the consent of the employee, may be made up at another location for the duration of the school year. In the event the employee concerned does not obtain another position through posting, or if the original hours are not restored, the employee's right to bump will be implemented. C. The employer will notify the Union prior to making any adjustments as described in A and B above. D. The parties recognize that the introduction of the concept of location may result in further anomalies of application which require addressing during the currency of the collective agreement. There is also the possibility of disputes with respect to the application of this Letter of Understanding. In that event, the parties agree: 1. If a dispute arises, the parties agree to meet and seek to resolve particular anomalies. Where no agreement can be reached, the parties agree to use an Arbitrator which is mutually agreed upon by both parties. 2. Any decision given in that process will be binding, but only until the expiration of the current collective agreement, at which time the parties will be free to address the issue in collective bargaining. 3. In resolving disputes, the parties agree to address and resolve them within the context of the principles implicit in this Letter of Understanding. In particular, disputes will be