In this Memorandum. 1.2.1 any reference to a person shall be construed as a reference to any person, firm, company, corporation, government, state or agency of any government or state or any association or partnership (whether or not having separate legal personality) of any two or more of the foregoing;
1.2.2 any reference to any statutory provision, order or regulation shall include reference to that provision, order or regulation as extended, modified, replaced or re-enacted from time to time (whether before or after the date hereof) and all regulations and orders from time to time made thereunder or deriving validity therefrom and any analogous provision or rule under any applicable law for the time being in force;
1.2.3 any reference to any agreement or other document shall be construed as a reference to such agreement or document as amended or replaced from time to time and all agreements and other documents supplemental thereto;
1.2.4 the singular shall include the plural and vice versa and the masculine shall include the feminine and neuter and vice versa;
1.2.5 any reference to a clause is, unless otherwise stated, a reference to a clause of this Memorandum; and
1.2.6 headings are for reference purposes only and shall not affect the interpretation of this Memorandum.
In this Memorandum. Where there is a known and documented, scarcity of a set of qualifications for a position the provisions of Article (Posting and Filling of Vacancies or New Positions) shall not apply. The Employer shall consult with the Association prior to Article being invoked. The notice of vacancy shall state, where applicable, the nature and title of position, salary, qualifications required, and the hours of work schedule as set out in Hours of Work schedule. Where a position is posted within the Ontario Public Service, the internal notice of vacancy shall also state the work location where the position currently exists, that the position is represented by the Association and the particular bargaining unit which contains the position. In filling a vacancy, the Employer shall give primary consideration to qualifications and ability to perform the required duties. Where the qualifications and ability are relatively equal between an civilian bargaining unit applicant and a civilian bargaining unit applicant, preference will be given to the civilian bargaining unit applicant. An applicant who is invited to attend an interview within the civil service shall be granted time off with no loss of pay and with no loss of credits to attend the interview, provided that the time off does not unduly interfere with operating requirements. Relocation expenses shall be paid in accordance with the provisions of the Employer’s policy. With the agreement of the Association, the employee and the Employer, an employee may be assigned to a vacancy in the civilian bargaining unit where the vacant position is identical to the position occupied by the employee, and the provisions of Articles to inclusive shall not apply. The assignment of an employee to a vacancy in accordance with Article (Pay Administration), Article Leave), Schedule (Long Term Income Protection), Article (Pregnancy Leave) and Article (Parental Leave) shall have priority over any assignment. Where the duties of a position are modified to accommodate an employee with a disability, the position shall not be considered a vacancy for the purposes of this Article.
In this Memorandum. 1.2.1 words denoting the singular shall include the plural and vice versa;
1.2.2 unless the context otherwise requires references to clauses or schedules are to clauses or schedules of this Memorandum;
1.2.3 headings are inserted for convenience only and shall be ignored in construing this Memorandum;
1.2.4 reference to any statute or statutory provision includes a reference to that statute or statutory provision as amended, extended or re-enacted or consolidated (from time to time) and all statutory instruments or orders (including delegated legislation whether by way of rules, notifications, bye-laws and guidelines).
In this Memorandum. Where there is a known and documented, scarcity of a set of qualifications for a position the provisions of Article (Posting and Filling of Vacancies or New Positions) shall not apply. The Employer shall consult with the Association prior to Article being invoked. The notice of vacancy shall state, where applicable, the nature and title of position, salary, qualifications required, and the hours of work schedule as set out in Hours of Work schedule. Where a position is posted within the Ontario Public Service, the internal notice of vacancy shall also state the work location where the position currently exists, that the position is represented by the Association and the particular bargaining unit which contains the position.
