Common use of PROMOTION, DEMOTION AND TRANSFER Clause in Contracts

PROMOTION, DEMOTION AND TRANSFER. 32.01 For the purpose of this Agreement, the appointment of an employee to a different position constitutes: (a) a promotion, where the maximum rate of pay for the new position exceeds the maximum rate of pay for the previous position; (b) a demotion, where the maximum rate of pay for the new position is less than the maximum rate of pay for the previous position; or (c) a transfer, where the appointment does not constitute a promotion or demotion. 32.02 In cases of promotion, demotion or where a seasonal employee applies for a regular position or is involved in a transfer to a regular position at the same level of classification, and where the requisite qualifications and ability of applicants is deemed to be relatively equal, the employee with the greatest seniority within the district, region or institution within a department shall be entitled to preference. 32.03 Promoted, transferred or demoted employees, other than employees demoted for disciplinary reasons shall be placed on a trial period of three (3) months. Conditional on satisfactory performance, the employee shall be considered permanent after the three (3) month trial period. In the event the successful applicant proves unsatisfactory in the position during the trial period, or if the employee is unable to perform the duties of the new job classification, he shall be returned to his former position without loss of seniority. Any other employee displaced because of this action shall also be adjusted accordingly. 32.04 Where there is a competition to fill a vacancy or an anticipated vacancy in the Bargaining Unit and where possible, the Employer shall have notices of such competition posted in the buildings out of which the employees work. Notice shall be posted until the competition closing date, or for ten (10) working days, whichever is greater. Copies of such competitions shall be forwarded to the Provincial Office of CUPE Local 1190. 32.05 The notice referred to in Article 32.04 shall contain the following information: (a) description of the position; (b) location of the position; (c) required qualifications; and (d) the applicable wage rate. (a) When an employee has become incapacitated by a handicap, an illness, advancing years or a permanent disability and is unable to perform his regular duties such employee may request, in writing, a change in duties. The Employer, Union and employee shall make every reasonable effort to place the employee in a job consistent with his ability. However, no other employee shall be displaced, except a probationary employee with less seniority, from his position in order to effect this change in duties. (b) Such employee shall be paid a rate not less than his present rate until the rate in the lower classification is not less than the rate which the employee was earning in his previous classification.