Positions outside the Bargaining Unit (a) An employee may substitute temporarily in a position outside the bargaining unit for up to fifteen (15) months from the date of the assignment. Bargaining unit employees shall be given the first opportunity to fill the resulting vacancy. The employee shall have the right to return to her or his bargaining unit position prior to the expiry of the fifteen (15) month period by giving the Employer six (6) weeks’ notice. Where an employee is backfilling outside of the bargaining unit for purposes of pregnancy and/or parental leave, the period of time will be extended up to nineteen (19) months from the date of the assignment. An employee who remains outside of the bargaining unit beyond the period covered by this article shall lose all seniority. When the employee returns to the bargaining unit, all other employee(s) shall revert to their previous positions. An employee must remain in the bargaining unit for a period of at least three (3) months before transferring out of the bargaining unit again or she or he will lose all seniority held at the time of the subsequent transfer unless the parties agree otherwise.
(b) An employee who accepts a transfer under (a) above will not be required to pay Union dues for any complete calendar month during which no bargaining unit work is performed.
(c) An employee who accepts a permanent position outside of the bargaining unit will lose all seniority held at the time of the transfer.
(d) The Employer will advise the Union of the names of any employees pursuant to Article 9.17(a) or (b).
Transfer and Seniority Outside the Bargaining Unit (a) It is understood that an employee shall not be transferred by the Hospital to a position outside the bargaining unit without his consent except in the case of temporary assignments not exceeding six (6) months. Such employees on temporary assignments shall remain members of the bargaining unit.
(b) An employee who is transferred to a position outside the bargaining unit shall not, subject to (c) below, accumulate seniority. In the event the employee is returned by the Hospital to a position in the bargaining unit within twenty-four (24) months of the transfer he or she shall be credited with the seniority held at the time of transfer and resume accumulation from the date of his or her return to the bargaining unit. An employee not returned to the bargaining unit within 24 months shall forfeit bargaining unit seniority.
(c) In the event an employee transferred out of the bargaining unit under (b) above is returned to the bargaining unit within a period of six (6) calendar months, he shall accumulate seniority during the period of time outside the bargaining unit."
Work of the Bargaining Unit (a) In order to protect the standard of nursing care, the Employer shall not contract out the work normally performed by members of this bargaining unit except:
i) For purposes of instruction,
ii) In the event of an emergency situation,
iii) When performing developmental or experimental work, or
iv) When employees are not available due to an employee not reporting for work as scheduled or not being available for work.
(b) Reassignment to other employees of work normally performed by members of the bargaining unit shall not result in the termination, layoff or reduction in hours of any member of the bargaining unit.
(c) When it is decided to not fill a position following an employee’s resignation, the Home will provide the rationale in writing for this decision to the Union. The Union may request a meeting to make representations on this matter.
Collective Bargaining Unit 1.1 The Company recognizes the Union as the sole bargaining agent for all regular, part-time and temporary employees1, including technicians of the construction field forces and security employees but excluding:
(a) Employees now represented by other bargaining agents.
(b) Persons above the rank of working supervisor.
(c) Persons who exercise managerial functions in accordance with the Ontario Labour Relations Act.
(d) Persons employed in a confidential capacity in matters relating to labour relations in accordance with the Ontario Labour Relations Act.
1.2 The grievance/arbitration procedure may be used to challenge any unreasonable, arbitrary or bad faith action taken by the Company which results in the exclusion of any employee or position from the bargaining unit. The parties will attempt to resolve disputes expeditiously. 1 "Employees" are employees pursuant to the Labour Relations Act for Ontario SO, 1995, c.1 Schedule A, as amended.
1.3 When an employee is removed from normal duties to act in a vacated position or relieve for an incumbent or perform a temporary assignment, the following shall apply:
(a) When the length of time involved is known to be three months or less, the employee will retain his/her present jurisdictional status.
(b) When it is expected that the length of time will be longer than three months, the employee will be excluded or included at the commencement of his/her new responsibilities. However, in the event the period is actually less than three months:
(1) in exclusion cases, the Union will be reimbursed the dues which would have been paid;
(2) in inclusion cases, the Union will reimburse the employee the dues which have been paid.
(c) When the length of time is unknown, the employee will retain his/her present jurisdictional status up to the three month period. If the period extends beyond three months, the employee will then be either included or excluded.
Bargaining Unit Roster The County will transmit to the Union a current listing
Union Bargaining Committee A Union Bargaining Committee shall be appointed by the Union and shall consist of up to three (3) members of the Union together with the President of the Union or her designate. The Union shall have the right at any time to have the assistance of members of the staff of the Union when negotiating with the Employer.
SINGLE BARGAINING UNIT The parties to this Agreement, along with all those employees whose employment is governed by this Agreement, constitute a single bargaining unit for the purposes of negotiating and implementing the terms of this Agreement. The form and operation of this single bargaining unit will be subject to this Agreement.
EXTENDED LEAVES OF ABSENCE A. Extended Leaves of Absence: As applicable, staff members employed during the 2015-16 school year will be “grandfathered” under the terms of the previous language. Provision has been made by the Board of Education for absence from duty of Professional Employees as follows: Health Leave Association Business Leave Parental Leave Military Leave Foreign Travel or Teaching - Academic Study Personal All requests for extended leaves of absence will be applied for and those approved shall be granted in writing. Professional Employees requesting reassignment upon completion of an extended leave of absence will be assigned to the first available position based upon their professional preparation, experience, and certification. Except for Association Business Leave and Military Leave, if a vacancy is not available by the beginning of the second year following the completion of the leave, the leave status ends and the Professional Employee is terminated from the district. Part-time Professional Employees who go on Extended Leave of Absence should not expect to return to a position which would increase their contract time. A part-time Professional Employee returning from Extended Leave of Absence may be offered a position of greater contract time.
B. Health Leave (extended) Any Professional Employee, having served the district for a minimum of three years, or with approval from the Superintendent and/or their designee, whose personal illness or physical incapacity extends beyond accumulated Xxxx Leave will be granted leave of absence without pay or increment for the remainder of the current semester. Health leave may be extended for one additional semester with application, as appropriate and available, made no less than 30 days prior to the conclusion of the current semester. In cases where such notice is not available, consideration will be made at the discretion of the Superintendent and/or their designee. At such time as the employee is diagnosed by their medical advisor as able to return to work, the employee may be returned to a position for which they are licensed, provided one is available, at the beginning of the subsequent semester or school year. Under no circumstances will an employee be entitled to return to a position.
C. Association Business Leave (extended)
1. Professional Employees designated by the recognized employees' organization may, upon request, be granted a leave of absence for up to two years without pay, for the purpose of engaging in activities of local, state, and national affiliates of the Association. Upon return from such a leave, a Professional Employee will be assigned to the same position, if available; or, if not, to a substantially equivalent position.
2. The president of the NEA SM may, upon request, be granted a leave of absence for up to six years for the purposes of performing those duties. The district will annually issue an employment contract to the NEA SM president during the term of the president's service. Such president shall receive Experience Credit as outlined in Article XI (Contracts and Salaries) C. (Experience Credit), 2. (Present Employees), hereof. During the tenure of the NEA SM president, the provisions of Article VIII (Temporary Leaves of Absence) hereof shall not apply to said president, including the accumulation of temporary leave and the reporting of absences to the district. The NEA SM will reimburse the district for all salary and benefits costs associated with the president's compensation. The Association agrees that the NEA SM president does not serve as an agent of the district while performing duties of the NEA SM president. Accordingly, the Association agrees to indemnify and hold the district harmless for any action of the NEA SM president while performing duties of the NEA SM president. Upon return from such leave, the NEA SM president will be assigned to the same position, if available, or, if not, to a substantially equivalent position. During the president's leave of absence, the president may agree to accept an additional assignment from the district. In that case, the district and the president shall agree (a) to the president's duties and responsibilities, (b) the terms and conditions of that assignment, and (c) an appropriate credit toward the NEA SM reimbursement for the president's salary and benefits.
D. Parental Leave (extended)
1. A Professional Employee may be granted a leave of absence, without pay or increment, for the purpose of prenatal care, or for the purpose of childcare, upon the birth of or adoption of a child. Under special/appropriate circumstances, approved Parental Leave (extended) may be adjusted/discontinued with the approval of the Superintendent and/or their designee.
a. In the event of pregnancy, the Professional Employee shall file a request for extended parental leave with the Human Resources Office at the beginning of the third trimester of pregnancy.
b. In the event of an adoption, the Professional Employee shall file written notice with Human Resources at the time the Professional Employee received notice from the adoption agency.
c. Such leave may commence at any time and will extend through the end of the current semester.
d. Upon written application, such leave may be extended for one semester. Exceptions to this policy will be governed by the requirements of the Family and Medical Leave Act.
E. Military Leave (extended)
1. Leave for military or alternate civilian service, as provided by law or in the regulations of the Selective Service System, will be granted, without pay or increment, to any Professional Employee who is inducted or enlists in active military or civilian services. This leave shall continue for the duration of the period of actual service and for ninety (90) days immediately following the honorable discharge or separation of the employee.
2. Within ninety (90) days following the honorable discharge, each person desiring reinstatement shall so notify the Board and shall furnish evidence of physical fitness and mental competence to do the kind of work the Professional Employee was doing at the time leave was granted, or such work as may be available.
3. This leave does not include or guarantee any assignment in addition to, or independent of, the standard assignment or any extra-standard salary allotment therefor.
4. Every possible consideration and preference in assignment shall be accorded to persons returning to the schools from the Armed Services.
5. This leave applies only to persons who enter military service, and does not apply to persons who voluntarily seek employment in war industries or other governmental positions.
6. Professional Employees who are members of units of the National Guard or reserve forces of the United States and who are called to serve a mandated tour of duty for training or other service by proper authority pursuant to the laws of the United States or of the State of Kansas, shall be granted a leave of absence not to exceed fifteen (15) days during a contract period. Professional Employees called to serve will select those duty options which least interfere with the educational program of the District. The Professional Employee will be reimbursed by the District to make up any difference between the Professional Employee's base contract daily rate and the Professional Employee's military pay during this leave of absence.
F. Foreign Travel or Teaching; Academic Study (extended)
1. Foreign Travel
Trade Union Training Leave Subject to all qualifications in this clause, an employee appointed or elected as an accredited representative of the union to which he/she belongs will, upon application in writing to the Enterprise, be granted up to 5 days leave with pay each calendar year non-cumulative to attend courses conducted or approved by the Union.
General Leave of Absence a) Leave of absence without pay may be granted to employees for valid reasons as set out by Company policy.
b) An employee on general leave of absence shall not accumulate sick leave credits, or earn vacation but shall retain the seniority, sick leave credits, and vacation credits earned prior to commencing leave of absence.
c) Employees do not have the option of continuing their benefit coverage during the leave.
d) Employees on leave of absence shall be required to apply for any extension.
