New or Changed Positions. Where the Employer establishes a new position or significantly changes an existing position, the position shall be immediately posted pursuant to the provisions of Article 16.01
New or Changed Positions. (1) Where the Employer establishes a new position or significantly changes an existing position, the position shall be immediately posted pursuant to the provisions of Article
16.01 of the Collective Agreement. Where there is an incumbent in such an existing position she/he shall be displaced by the service of an appropriate notice to that effect.
(2) Where the Union or an employee consider that a position has been significantly changed or is not assigned to an appropriate job description either of them may request a review.
(3) The employee and a Representative designated by the Union shall complete a “Job Review Request Form” (Form 2) indicating in what manner her/his position has changed and why she/he thinks the job description to which her/his position has been assigned is inappropriate. The “Job Review Request Form” shall be submitted to the Employer who shall within ten (10) calendar days forward a copy to the HEABC and the Union.
(4) Within thirty (30) calendar days of the receipt of the “Job Review Request Form”, the Employer shall review its decision and shall notify the HEABC and the Union of its determination.
(5) Should the Union not accept the determination of the Employer, it shall within sixty
New or Changed Positions. Where the Employer establishes a new position or significantly changes the duties to be performed by an employee in an existing classification, the Employer and the Union agree to meet prior to the implementation of the change to discuss the wage rate and job description. Failing an agreement between the Employer and the Union on these matters, the matter may ultimately be resolved through the grievance and arbitration procedure and the arbitrator expressly has the jurisdiction to determine the appropriate wage rate for the new or changed position (provided the new position is within the bargaining unit).
New or Changed Positions. A. If it is believed that the bargaining unit status of a position has changed due to significant modifications of duties, the Center or the Union, whichever is proposing the change, shall notify the other.
B. The Center will promptly notify the Union of a decision to establish new nonexempt positions. Such notifications will also include the Center’s determination of the bargaining unit state of new positions. • If a new position is a successor title to a position covered by this MOU with no substantial change in duties, it shall remain in the bargaining unit. • If a new position contains a significant part of the work done by any position in the bargaining unit or shares a community of interest with positions in the bargaining unit, it shall become part of the bargaining unit. The Union shall notify the Center within ten (10) days of receiving such notice if it disagrees with the Center’s bargaining unit status determination. Failure of the Union to notify the Center of its disagreement with the Center’s bargaining unit status determination shall not be considered a waiver of either the Union’s or any employee’s right to file a Petition to Contest Exclusionary Designation under COMAR Title 14.
C. When either party serves notice in accordance with this section of this Article, the parties will meet within thirty (30) calendar days of receipt of such notification to review the classification specifications and attempt to resolve the issue. The factors to consider include: • The community of interest of the employees involved; • The Center’s organizational structure; • Applicable provisions of the SPPA; and • The recommendations of the Center and the Union.
New or Changed Positions. Should the City establish a new position or substantially change the duties of an existing position, the City shall notify the Association of the new position or reclassified position, including providing to the Association a copy of the position description and proposed pay rate. In the event the Association does not agree with the pay rate for positions included in the bargaining unit, and so notifies the City, the parties shall within ten (10) working days enter into negotiations. Should negotiations fail to settle the pay rate, the pay rate in dispute shall be submitted to binding interest arbitration in accordance with ORS 243.698, et seq. Should the parties disagree on whether the position is properly included in the bargaining unit, the dispute shall be submitted to the Employment Relations Board for resolution. This shall be the sole remedy for the issue of whether the position is in or out of the unit and the Association waives its right to grieve the issue under the terms of this Agreement.
New or Changed Positions a) The Employer may institute new positions in addition to those listed in Schedule A. Should a new position be instituted, the Employer shall establish the rate of pay and submit the rate of pay to the Union in writing and post the position and rate of pay in the manner required by Article 13. The posting shall indicate that the rate of pay is subject to agreement between the Union and the Employer. Within thirty (30) days of such submission and posting, the Union may request to meet with the Employer to review the rate of pay for the position and if mutual agreement cannot be reached, the difference may be referred to arbitration under Article 10. Any change in the rate of pay resulting from discussion between the parties, or following a reference to arbitration, shall be retroactive to the date the new position was instituted by the Employer.
b) If the Union claims that the duties of an existing position have been changed to an extent sufficient to alter the rate of pay, the Union may submit a request in writing to the Employer specifying the changes in duties and proposed change in the rate of pay. If agreement cannot be reached on a rate of pay, the difference may be referred to arbitration under Article 10. Any change in the rate of pay resulting from discussion between the parties, or following a reference to arbitration, shall be retroactive to the date the Union submitted its request to the Employer.
c) The Employer shall consult with the Union when a job description is changed to adjust educational or experience requirements prior to posting.
New or Changed Positions. (1) Where the Employer establishes a new position or significantly changes an existing position, the position shall be immediately posted pursuant to the provisions of Article 16.01 of the Collective Agreement. Where there is an incumbent in such an existing position they shall be displaced by the service of an appropriate notice to that effect.
(2) Where the Union or an employee consider that a position has been significantly changed or is not assigned to an appropriate job description either of them may request a review.
(3) The employee and a Representative designated by the Union shall complete a "Job Review Request Form" (Form 2) indicating in what manner their position has changed and why they think the job description to which their position has been assigned is inappropriate. The "Job Review Request Form" shall be submitted to the Employer who shall within ten (10) calendar days forward a copy to the Union.
(4) Within thirty (30) calendar days of the receipt of the "Job Review Request Form", the Employer shall review its decision and shall notify the Union of its determination.
(5) Should the Union not accept the determination of the Employer, it shall within sixty (60) calendar days notify the Employer giving written reasons for its objection. Where the Union accepts the decision of the Employer or does not object within the time limits, the position shall be considered to be assigned to an appropriate job description.
New or Changed Positions. In the event of a change of duties of a position within the bargaining unit, or in the event that a new corrections or clerical position is created within the Sheriff’s Office, the Employer shall determine whether the new or changed position will be included in or excluded from the bargaining unit and shall so advise the OPBA in writing within thirty (30) calendar days. A change in classification title only, shall not affect the bargaining unit status of a position. If the OPBA disputes the Employer’s determination of bargaining unit status, the parties shall meet in an attempt to resolve their disagreement within seven (7) calendar days from the OPBA’s notification to the Employer. If the parties agree on the determination, it shall be implemented as agreed by the Employer and the OPBA and the parties shall file a joint petition with SERB to amend the certification. If the parties do not agree, the position shall be subject to challenge by the OPBA to the State Employment Relations Board pursuant to Chapter 4117 of the Ohio Revised Code and the SERB Rules and Regulations. This procedure shall not restrict the Employer’s right to fill the position during the period of appeal by the OPBA.
New or Changed Positions. Should any new exempt position(s) be created, the Employer shall notify the Union at least thirty
New or Changed Positions. 6.03.1 In the event the Employer shall establish any new position, the classification and wage rate for this new position shall be established by the Employer and a written notice shall be given to the Union, and unless written notice of objection thereto by the Union is given to the Employer within twenty (20) calendar days after such notice, such classification and wage rate shall be considered agreed to by the Union. If the classification and/or wage rate established by the Employer for such new positions is revised as a result of negotiation or arbitration, then the revised classification and wage rate shall be effective from the date when the new position was established.
6.03.2 In the event the Employer adopts new methods of operation, the Employer shall give written notice to the Union of those existing jobs which have been affected by such new methods of operation with respect to change in job content, and/or required qualifications and if necessary any change in the job classification or wage rate. If notice of objection is not received from the Union within twenty (20) calendar days after such notice, then the classification and wage rate shall be considered agreed to by the Union. If the classification and/or wage rate established by the Employer for such changed jobs are revised as a result of negotiation or arbitration, then the revised classification and wage rate shall be effective from the change in job content and/or requirements.
6.03.3 In the event that Employer introduces the use of larger vehicles (beyond current fleet configuration at the time of ratification) requiring a higher class of driver’s license to operate, the Employer shall establish a wage premium for the operation of such vehicles. Notice shall be given to the Union and the premium shall be subject to negotiation or arbitration as per 6.03.2.
