Common use of Positions Excluded from the Bargaining Unit Clause in Contracts

Positions Excluded from the Bargaining Unit. The following will apply to resolve the issue of whether a new or reclassified job is included in, or excluded from, the Union's bargaining unit. (a) This Agreement establishes a dispute resolution mechanism which shall be used by the Parties in lieu of Section 139 of the Labour Relations Code. (b) Where BC Hydro intends to create a new M&P position at salary grade 44 (M1/P3 Roles) or lower, or intends to reclassify an existing position from the Union’s Bargaining Unit to M&P at salary grade 44 or lower, BC Hydro will give written notification thereof to the Union, together with a copy of the relevant position description(s) and organizational chart(s), if then available. (c) In addition to paragraph “J” of this Article, where BC Hydro provides MoveUP with an “M” (Manager) role description and organization chart that outlines the role’s direct reports, the parties agree that the role will be presumed excluded from the Bargaining Unit unless MoveUP can make a clear and compelling case for the inclusion of the position in the Bargaining Unit. (d) If the Union elects to challenge the proposed job classification as not being properly excluded from the Bargaining Unit, it shall so notify BC Hydro Employee Relations (ER) in writing within 10 working days of the Union’s receipt of the notification aforesaid from ER. Within a further five working days, a meeting will occur between ER, the Union and the business unit at which the Parties shall endeavour in good faith to reach an agreement. The Parties will ensure that their representatives at such meeting shall be knowledgeable of the relevant facts and circumstances. (e) Where an agreement is reached between the Parties at the meeting described above, it shall be reduced to writing and signed by Hydro and the Union. (f) Where the parties are unable to agree, the Union shall inform the Umpire by fax of the disputed position(s) within five working days of the informal meeting process. (g) Upon notification of the challenge the Umpire shall schedule a hearing (the Hearing) with Hydro and the Union within seven working days. The location of the Hearing will be agreed upon by the parties. In appropriate circumstances, the Hearing may be conducted by telephone conference call. (h) At least one working day prior to the Hearing, each party shall fax to the Umpire a summary of the issues in dispute and a proposal for their resolution. This submission cannot exceed three pages in length. If either Hydro or the Union fails to meet these requirements it will be deemed to have abandoned its position, and the dispute will be conclusively resolved in favour of the party in compliance. (i) Subject to article 2.06 (h), Hydro and the Union may make oral submissions to the Umpire at the Hearing, but such submission shall be limited to 45 minutes, which may be extended by the Umpire in compelling circumstances. (j) The Umpire shall have the power and authority to settle conclusively the dispute(s) and his decision(s) shall be binding on Hydro and the Union, and are not subject to appeal or review by any court or adjudicative body. In reaching a decision the Umpire shall have regard to the following: a. the Union’s certification; b. the Collective Agreement; c. the applicable provisions of the Labour Relations Code and the decisions of the Labour Relations Board pursuant thereto; d. applicable arbitral jurisprudence; e. the appropriate communities of interest, including the practices of the Parties, and the relationship between the core duties and qualifications of the disputed position and existing positions within the Bargaining Unit. (k) The Parties acknowledge their intention to focus on the resolution of current and future areas of concern. Accordingly, they agree that the current job classifications excluded prior to September 1, 2011 remain properly excluded. (l) The decisions of the Umpire may be rendered orally at the conclusion of the Hearing and, in any event, in writing within three working days of the Hearing. The written decision shall be limited to two pages. (m) The Umpire shall not have jurisdiction to change this Memorandum of Agreement or to alter, modify or amend any of its provisions. The Umpire will, however, have the sole authority to resolve disputes over the interpretation of this Agreement. (n) The Umpire shall be Xxx Xxxxxx, Xxxx Xxxxxx, Xxxxx Xxxxx and Xxxx Xxxxxxx, on a sequentially rotating basis.

Positions Excluded from the Bargaining Unit. The following will apply to resolve the issue of whether a new or reclassified job is included in, or excluded from, the Union's bargaining unit. (a) This Agreement establishes a dispute resolution mechanism which shall be used by the Parties in lieu of Section 139 of the Labour Relations Code. (b) Where BC Hydro intends to create a new M&P position at salary grade 44 (M1/P3 Roles) or lower, or intends to reclassify an existing position from the Union’s Bargaining Unit to M&P at salary grade 44 or lower, BC Hydro will give written notification thereof to the Union, together with a copy of the relevant position description(s) and organizational chart(s), if then available. (c) In addition to paragraph “J” of this Article, where BC Hydro provides MoveUP with an “M” (Manager) role description and organization chart that outlines the role’s direct reports, the parties agree that the role will be presumed excluded from the Bargaining Unit unless MoveUP can make a clear and compelling case for the inclusion of the position in the Bargaining Unit. (d) If the Union elects to challenge the proposed job classification as not being properly excluded from the Bargaining Unit, it shall so notify BC Hydro Employee Relations (ER) in writing within 10 working days of the Union’s receipt of the notification aforesaid from ER. Within a further five working days, a meeting will occur between ER, the Union and the business unit at which the Parties shall endeavour endeavor in good faith to reach an agreement. The Parties will ensure that their representatives at such meeting shall be knowledgeable of the relevant facts and circumstances. (e) Where an agreement is reached between the Parties at the meeting described above, it shall be reduced to writing and signed by Hydro and the Union. (f) Where the parties are unable to agree, the Union shall inform the Umpire by fax of the disputed position(s) within five working days of the informal meeting process. (g) Upon notification of the challenge the Umpire shall schedule a hearing (the Hearing) with Hydro and the Union within seven working days. The location of the Hearing will be agreed upon by the parties. In appropriate circumstances, the Hearing may be conducted by telephone conference call. (h) At least one working day prior to the Hearing, each party shall fax to the Umpire a summary of the issues in dispute and a proposal for their resolution. This submission cannot exceed three pages in length. If either Hydro or the Union fails to meet these requirements it will be deemed to have abandoned its position, and the dispute will be conclusively resolved in favour of the party in compliance. (i) Subject to article 2.06 (h), Hydro and the Union may make oral submissions to the Umpire at the Hearing, but such submission shall be limited to 45 minutes, which may be extended by the Umpire in compelling circumstances. (j) The Umpire shall have the power and authority to settle conclusively the dispute(s) and his decision(s) shall be binding on Hydro and the Union, and are not subject to appeal or review by any court or adjudicative body. In reaching a decision the Umpire shall have regard to the following: a. the Union’s certification; b. the Collective Agreement; c. the applicable provisions of the Labour Relations Code and the decisions of the Labour Relations Board pursuant thereto; d. applicable arbitral jurisprudence; e. the appropriate communities of interest, including the practices of the Parties, and the relationship between the core duties and qualifications of the disputed position and existing positions within the Bargaining Unit. (k) The Parties acknowledge their intention to focus on the resolution of current and future areas of concern. Accordingly, they agree that the current job classifications excluded prior to September 1, 2011 remain properly excluded. (l) The decisions of the Umpire may be rendered orally at the conclusion of the Hearing and, in any event, in writing within three working days of the Hearing. The written decision shall be limited to two pages. (m) The Umpire shall not have jurisdiction to change this Memorandum of Agreement or to alter, modify or amend any of its provisions. The Umpire will, however, have the sole authority to resolve disputes over the interpretation of this Agreement. (n) The Umpire shall be Xxx Xxxxxx, Xxxx Xxxxxx, Xxxxx Xxxxx and Xxxx Xxxxxxxchosen from the list of arbitrators referenced in Article 3.11, on a sequentially rotating basis.

Positions Excluded from the Bargaining Unit. The following will apply to resolve the issue of whether a new or reclassified job is included in, or excluded from, the Union's bargaining unit. (a) This Agreement establishes a dispute resolution mechanism which shall be used by the Parties in lieu of Section 139 of the Labour Relations Code. (b) Where BC Hydro intends to create a new M&P position at salary grade 44 (M1/P3 Roles) or lower, or intends to reclassify an existing position from the Union’s Bargaining Unit to M&P at salary grade 44 or lower, BC Hydro will give written notification thereof to the Union, together with a copy of the relevant position description(s) and organizational chart(s), if then available. (c) In addition to paragraph “J” of this Article, where BC Hydro provides MoveUP with an “M” (Manager) role description and organization chart that outlines the role’s direct reports, the parties agree that the role will be presumed excluded from the Bargaining Unit unless MoveUP can make a clear and compelling case for the inclusion of the position in the Bargaining Unit. (d) If the Union elects to challenge the proposed job classification as not being properly excluded from the Bargaining Unit, it shall so notify BC Hydro Employee Relations (ER) in writing within 10 working days of the Union’s receipt of the notification aforesaid from ER. Within a further five working days, a meeting will occur between ER, the Union and the business unit at which the Parties shall endeavour in good faith to reach an agreement. The Parties will ensure that their representatives at such meeting shall be knowledgeable of the relevant facts and circumstances. (e) Where an agreement is reached between the Parties at the meeting described above, it shall be reduced to writing and signed by Hydro and the Union. (f) Where the parties are unable to agree, the Union shall inform the Umpire by fax of the disputed position(s) within five 5 working days of the informal meeting process. (g) Upon notification of the challenge the Umpire shall schedule a hearing (the Hearing) with Hydro and the Union within seven 7 working days. The location of the Hearing will be agreed upon by the parties. In appropriate circumstances, the Hearing may be conducted by telephone conference call. (h) At least one working day prior to the Hearing, each party shall fax to the Umpire a summary of the issues in dispute and a proposal for their resolution. This submission cannot exceed three pages in length. If either Hydro or the Union fails to meet these requirements it will be deemed to have abandoned its position, and the dispute will be conclusively resolved in favour of the party in compliance. (i) Subject to article 2.06 (h), Hydro and the Union may make oral submissions to the Umpire at the Hearing, but such submission shall be limited to 45 minutes, which may be extended by the Umpire in compelling circumstances. (j) The Umpire shall have the power and authority to settle conclusively the dispute(s) and his decision(s) shall be binding on Hydro and the Union, and are not subject to appeal or review by any court or adjudicative body. In reaching a decision the Umpire shall have regard to the following: a. the Union’s certification; b. the Collective Agreement; c. the applicable provisions of the Labour Relations Code and the decisions of the Labour Relations Board pursuant thereto; d. applicable arbitral jurisprudence; e. the appropriate communities of interest, including the practices of the Parties, and the relationship between the core duties and qualifications of the disputed position and existing positions within the Bargaining Unit. (k) The Parties acknowledge their intention to focus on the resolution of current and future areas of concern. Accordingly, they agree that the current job classifications excluded prior to September 1, 2011 remain properly excluded. (l) The decisions of the Umpire may be rendered orally at the conclusion of the Hearing and, in any event, in writing within three 3 working days of the Hearing. The written decision shall be limited to two pages. (m) The Umpire shall not have jurisdiction to change this Memorandum of Agreement or to alter, modify or amend any of its provisions. The Umpire will, however, have the sole authority to resolve disputes over the interpretation of this Agreement. (n) The Umpire shall be Xxx Xxxxxx, Xxxx Xxxxxx, Xxxxx Xxxxx and Xxxx Xxxxxxx, on a sequentially rotating basis.

Positions Excluded from the Bargaining Unit. The following will apply to resolve the issue of whether a new or reclassified job is included in, or excluded from, the Union's bargaining unit. (a) This Agreement establishes a dispute resolution mechanism which shall be used by the Parties in lieu of Section 139 of the Labour Relations Code. (b) Where BC Hydro intends to create a new M&P position at salary grade 44 (M1/P3 Roles) or lower, or intends to reclassify an existing position from the Union’s Bargaining Unit to M&P at salary grade 44 or lower, BC Hydro will give written notification thereof to the Union, together with a copy of the relevant position description(s) and organizational chart(s), if then available. (c) In addition to paragraph “J” of this Article, where BC Hydro provides MoveUP with an “M” (Manager) role description and organization chart that outlines the role’s direct reports, the parties agree that the role will be presumed excluded from the Bargaining Unit unless MoveUP can make a clear and compelling case for the inclusion of the position in the Bargaining Unit. (d) If the Union elects to challenge the proposed job classification as not being properly excluded from the Bargaining Unit, it shall so notify BC Hydro Employee Relations (ER) in writing within 10 working days of the Union’s receipt of the notification aforesaid from ER. Within a further five working days, a meeting will occur between ER, the Union and the business unit at which the Parties shall endeavour in good faith to reach an agreement. The Parties will ensure that their representatives at such meeting shall be knowledgeable of the relevant facts and circumstances. (e) Where an agreement is reached between the Parties at the meeting described above, it shall be reduced to writing and signed by Hydro and the Union. (f) Where the parties are unable to agree, the Union shall inform the Umpire by fax of the disputed position(s) within five working days of the informal meeting process. (g) Upon notification of the challenge the Umpire shall schedule a hearing (the Hearing) with Hydro and the Union within seven working days. The location of the Hearing will be agreed upon by the parties. In appropriate circumstances, the Hearing may be conducted by telephone conference call. (h) At least one working day prior to the Hearing, each party shall fax to the Umpire a summary of the issues in dispute and a proposal for their resolution. This submission cannot exceed three pages in length. If either Hydro or the Union fails to meet these requirements it will be deemed to have abandoned its position, and the dispute will be conclusively resolved in favour of the party in compliance.of (i) Subject to article 2.06 (h), Hydro and the Union may make oral submissions to the Umpire at the Hearing, but such submission shall be limited to 45 minutes, which may be extended by the Umpire in compelling circumstances. (j) The Umpire shall have the power and authority to settle conclusively the dispute(s) and his decision(s) shall be binding on Hydro and the Union, and are not subject to appeal or review by any court or adjudicative body. In reaching a decision the Umpire shall have regard to the following: a. the Union’s certification; b. the Collective Agreement; c. the applicable provisions of the Labour Relations Code and the decisions of the Labour Relations Board pursuant thereto; d. applicable arbitral jurisprudence; e. the appropriate communities of interest, including the practices of the Parties, and the relationship between the core duties and qualifications of the disputed position and existing positions within the Bargaining Unit. (k) The Parties acknowledge their intention to focus on the resolution of current and future areas of concern. Accordingly, they agree that the current job classifications excluded prior to September 1, 2011 remain properly excluded. (l) The decisions of the Umpire may be rendered orally at the conclusion of the Hearing and, in any event, in writing within three working days of the Hearing. The written decision shall be limited to two pages. (m) The Umpire shall not have jurisdiction to change this Memorandum of Agreement or to alter, modify or amend any of its provisions. The Umpire will, however, have the sole authority to resolve disputes over the interpretation of this Agreement. (n) The Umpire shall be Xxx Xxxxxx, Xxxx Xxxxxx, Xxxxx Xxxxx and Xxxx Xxxxxxx, on a sequentially rotating basis.