STAFFING RELATED ISSUES. 12:01 The parties acknowledge the University’s commitment to being an internationally significant research and teaching University with undergraduate, graduate and professional programmes of excellent quality and recognize the role of the staff in contributing to this excellence. The University agrees to provide employees whose work is directly affected by the introduction of new technology with the opportunity to receive appropriate training as determined by the University, if in the University’s opinion such training is needed to perform the employee’s duties in the current position. (a) Seniority shall be based on an employee’s length of continuous service with the University from the date the employee was most recently hired by the University, calculated as follows: (i) For employees regularly scheduled to work thirty-six and one- quarter (36¼) hours per week or more on an annual basis, expressed in years, weeks, and days; (ii) For all other employees, time actually worked expressed as years, weeks and days, based on seven and one-quarter (7¼) hour days, thirty-six and one-quarter (36¼) hour weeks, and fifty-two (52) weeks per year. (b) For clarity, non-probationary staff-appointed University employees from outside the bargaining unit who become covered by the Collective Agreement will have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently covered by this Collective Agreement. Non staff-appointed University employees from outside the bargaining unit (except those in Steelworkers bargaining units) who become covered by the Collective Agreement (except for those employees converted to staff- appointed under Article 2:02) will, after completing the probationary period, have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently appointed under this Collective Agreement. (c) For the purposes of Article 12:02(a), vacations and any authorized leave of absence permitted under this agreement will be deemed time actually worked. (d) The University shall post a seniority list by January 15 and July 15 of each year. A copy of the seniority list will also be forwarded to the Union, including in an electronic format. Employees shall have the right to challenge the accuracy of their seniority from the date of posting, in which case that employee’s seniority will be subject to adjustment if established to be inaccurate. After any such adjustments, the list shall be deemed final for all purposes except in the case of clerical errors. (e) An employee who transfers to a position within the University but outside the bargaining unit and returns to the bargaining unit within three (3) years of the effective date of such transfer shall, upon their return, be placed on the seniority list with the seniority they had accrued to the date of transfer. During the employee’s time outside the bargaining unit the employee’s name shall not appear on the seniority list. For clarity, this provision shall be used solely for the purpose of establishing the employee’s seniority date on the seniority list following the employee’s return to the bargaining unit within the three (3) year period.
Appears in 3 contracts
Samples: Collective Agreement, Collective Agreement, Collective Agreement
STAFFING RELATED ISSUES.
12:01 The parties acknowledge the University’s commitment to being an internationally significant research and teaching University with undergraduate, graduate and professional programmes of excellent quality and recognize the role of the staff in contributing to this excellence. The University agrees to provide employees whose work is directly affected by the introduction of new technology with the opportunity to receive appropriate training as determined by the University, if in the University’s opinion such training is needed to perform the employee’s duties in the current position.
(a) Seniority shall be based on an employee’s length of continuous service with the University from the date the employee was most recently hired by the University, calculated as follows:
(i) For employees regularly scheduled to work thirty-six and one- one-quarter (36¼) hours per week or more on an annual basis, expressed in years, weeks, and days;
(ii) For all other employees, time actually worked expressed as years, weeks and days, based on seven and one-quarter (7¼) hour days, thirty-six and one-one- quarter (36¼) hour weeks, and fifty-two (52) weeks per year.
(b) For clarity, non-probationary staff-appointed University employees from outside the bargaining unit who become covered by the Collective Agreement collective agreement will have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently covered by this Collective Agreementcollective agreement. Non staff-appointed University employees from outside the bargaining unit (except those in Steelworkers bargaining units) who become covered by the Collective Agreement collective agreement (except for those employees converted to staff- staff-appointed under Article 2:02) will, after completing the probationary period, have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently appointed under this Collective Agreementcollective agreement.
(c) For the purposes of Article 12:02(a), vacations and any authorized leave of absence permitted under this agreement will be deemed time actually worked.
(d) The University shall post a seniority list by January 15 and July 15 of each year. A copy of the seniority list will also be forwarded to the Union, including in an electronic format. Employees shall have the right to challenge the accuracy of their seniority from the date of posting, in which case that employee’s seniority will be subject to adjustment if established to be inaccurate. After any such adjustments, the list shall be deemed final for all purposes except in the case of clerical errors.
(e) An employee who transfers to a position within the University but outside the bargaining unit and returns to the bargaining unit within three (3) years of the effective date of such transfer shall, upon their his/her return, be placed on the seniority list with the seniority they he/she had accrued to the date of transfer. During the employee’s time outside the bargaining unit the employee’s name shall not appear on the seniority list. For clarity, this provision shall be used solely for the purpose of establishing the employee’s seniority date on the seniority list following the employee’s return to the bargaining unit within the three (3) year period.
12:03 An employee shall have no seniority and shall be considered as a probationary employee until he/she has completed six (6) months of active employment (i.e., days actually at work at the University in a staff-appointed position). For clarity, active employment does not include the University closure in December and January, unless the employee is required to work during that period. In the case where a term position is re-posted as a continuing position and the same incumbent is hired for that position, time worked in the term position shall count towards the probationary period. During the probationary period an employee may be terminated at any time for a lesser standard than “just cause”. The parties agree that an arbitrator has no jurisdiction to relieve against the penalty of discharge or substitute or provide any other remedy in the case of the discharge of a probationary employee, unless the discharge was discriminatory, arbitrary or made in bad faith.
(a) Where the University decides to fill a vacancy in the bargaining unit it will post a notice in this regard, including a posting on a web site. The notice will include the qualifications, classification, salary range, department and person to whom an application should be submitted. The notice will specify that the posting is restricted to employees in the bargaining unit. Notices will remain posted for a minimum of six working days. Employee applicants must submit a written application, including an up- to-date resume, within the period indicated on the posting. Human Resources will receive and review all job applications for job postings prior to forwarding them to the hiring Department. Qualified internal applicants will be interviewed first. However, after completing any internal interviews the hiring Department retains the discretion to post externally and consider external applicants in the selection process, along with internal employee applicants who have already received interviews, in order to determine who is the most qualified candidate. The University will select the qualified candidate, if any, who is demonstrably the most qualified candidate for the position taking into account factors such as qualifications, skill, ability and previous relevant experience. The University agrees that the onus lies with the employer to demonstrate that the successful candidate was the most qualified. Where these factors are relatively equal as between two (2) or more candidates, the candidate with more seniority will be selected. The University shall provide applicants upon request copies of the job description. The University shall provide the Union and the bargaining unit applicants who received an interview within ten (10) working days of the awarding of the posting the name of the successful candidate. Further, in addition to the name of the successful candidate, the University will indicate to the Union whether the successful candidate was selected from the accommodation list and/or redeployment pool and whether they are internal or external.
(i) When an employee applies for a position which would result in a lateral move (i.e. to a position in the same multi-incumbent job class) and his/her application demonstrates that he/she meets the minimum qualifications for the position, he/she will be interviewed. Those not granted an interview will be offered advice on how to improve their qualifications and/or job search skills.
(ii) Where an external applicant is selected, the University will provide the Union with a written rationale for its decision that the applicant selected is demonstrably the most qualified.
(iii) Where a manager has decided that an external applicant is the most qualified applicant for a posted position, prior to making an offer of employment, his/her decision will be reviewed by his/her Division Head or designate.
(iv) When requested to do so, the University will meet with an employee who was not selected for the position with a view to discussing how the employee might prepare for future job postings.
(v) When an employee applies, is found to be qualified, but not given the position, the employee can ask for and will be given advice on how to improve his/her qualifications, and assistance in developing a career development plan and/or job search skills.
(c) An employee selected by the University for a posted vacancy who feels dissatisfied with the job may, within two (2) months of starting in the job, decide to return to the job the employee left to accept the position. The University may, within two (2) months of an employee starting the job, return an employee to the job the employee left to accept the position if the employee shows an inability to perform the duties of the job. Thereafter, the posted vacancy shall be the employee’s new position.
(d) Recognizing the benefits of secondments in building transferrable skills and for overall career development for employees, the University will consider secondment requests as follows: A non-probationary employee in a continuing position who is the successful applicant for a term position within the University may, prior to accepting the term position, make a written request to his/her manager to take a temporary leave from the continuing position of up to 2 years so that he/she may return to his/her continuing position at the end of the term position. The manager’s decision to grant or deny a secondment shall be based on reasons of operational efficiency and service effectiveness. Such requests shall not be unreasonably denied. The employee will return to the continuing position that is being held for him/her at the end of the temporary leave if the position still exists. The University will provide any training it deems necessary for the employee to resume his/her duties in the continuing position. If the position is eliminated during the leave, the provisions of Articles 12:05 to 12:10 shall apply.
12:05 Budget cuts, departmental reorganizations, the introduction of new technology or other factors may result in organizational change in a Department that results in the elimination of one (1) or more positions, or the involuntary reduction of an employee’s appointment by twenty (20) percent or more. The potential impact on current staff will be considered when organizational change proposals are being formulated as outlined in this article. In such cases:
(a) The University shall meet with the Union to provide preliminary information in respect of the organizational change when in the University’s view sufficient information is known and available regarding the general reasons, nature, anticipated organizational impact and approximate timing of the change.
(b) A minimum of six (6) weeks notice will be given to all affected employees in the Department, prior to the implementation of the organizational change. Notice shall be given to the affected employee(s) between Monday and Thursday inclusive. Employees who receive notice of organizational change during a period of pregnancy, primary caregiver/adoption or parental leave will, upon the completion of such leave, receive salary continuance for their full six (6) week notice of organizational change notice period. A copy of such notice shall be provided to the Union at the same time. At least one (1) week prior to the affected employee(s) being notified, the University shall provide the Union with a list of all employee(s) affected by the organizational change. At that time, the University will meet with the Union to outline the rationale for its decision.
(c) The Department Head or designate will explain to the employees in the affected Department the reasons for and nature of the organizational change. For clarity, it is expected that the substance of this communication will have already been provided to the Union at an earlier step in the process, pursuant to (a) and/or (b) above.
(d) Where a position(s) to be eliminated or involuntarily reduced in the Department is one of a number of similar positions in a multi-incumbent job classification performing similar duties in the Department, the employee(s) in the position with the least seniority will be laid off.
(e) Where one (1) or more employees is facing layoff and a new position(s) is established as a result of organizational change, before being posted under Article 12:04 the new position(s) and any subsequent vacancies created as a result of the filling of the position by an employee in the Department, will first be available in the following manner to eligible employee(s) in the Department who apply for the position(s).
(i) Preference shall be given to employees in the department who are facing layoff for posted positions at the same or lower classification where the employees make application and are qualified. Preference will also be given to these employees for any subsequent vacancies in the Department created as a result of this organizational change that are at the same or lower classification. From among such applicants the University will select the qualified applicant. In circumstances where there is more than one qualified applicant for a position, the employee with the most seniority will be selected. Where none of the applicants is qualified, the position will be posted to the department and the selection process will be conducted per paragraph (ii) below.
(ii) All employees in the department shall be eligible to apply for any new positions in the Department that are not filled per paragraph (i) above and any subsequent vacancies in the Department created by the filling of new positions by an employee of the Department, or where paragraph (i) above is not applicable. From among such applicants the University will select the qualified applicant, if any, who is the most qualified applicant for the position taking into account factors such as qualifications, skill, ability and previous relevant experience. Where these factors are relatively equal as between two (2) or more such employees, the employee with more seniority will be selected.
(iii) If there are no applicants or no applicants are selected, the position(s) will be posted in accordance with Article 12:04.
(iv) The employees who will be facing layoff will have redeployment pool status from the time they receive notice of organizational change if:
(a) there are no new positions being created in the department, or
(b) any new position(s) being created is at a higher classification than the position(s) of the employee(s) facing layoff and there are no other positions in the department at the same or lower classification as that occupied by the employee(s) facing layoff;
(c) the employees facing layoff are not selected for any new positions, or any subsequent vacancies in the Department created by the filling of new positions by an employee of the Department.
(f) Affected employees shall be entitled to utilize the services of the University’s career transition services for up to eighteen (18) weeks from the time notice is given under Article 12:05
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
STAFFING RELATED ISSUES. 12:01 The parties acknowledge the University’s commitment to being an internationally significant research and teaching University with undergraduate, graduate and professional programmes programs of excellent quality and recognize the role of the staff in contributing to this excellence. The University agrees to provide employees whose work is directly affected by the introduction of new technology with the opportunity to receive appropriate training as determined by the University, if in the University’s opinion such training is needed to perform the employee’s duties in the current positionquality.
(a) Seniority shall be based on an employee’s length of continuous service with the University from the date the employee was most recently hired by the University, calculated as follows:
(i) For employees regularly scheduled to work thirty-six and one- one-quarter (36¼) hours per week or more on an annual basis, expressed in years, weeks, and days;
(ii) For all other employees, time actually worked expressed as years, weeks and days, based on seven and one-quarter (7¼) hour days, thirty-six and one-quarter (36¼) hour weeks, and fifty-two (52) weeks per year.
(b) For clarity, non-probationary staff-appointed University employees from outside the bargaining unit who become covered by the Collective Agreement collective agreement will have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently covered by this Collective Agreementcollective agreement. Non staff-appointed University employees from outside the bargaining unit (except those in Steelworkers bargaining units) who become covered by the Collective Agreement collective agreement (except for those employees converted to staff- staff-appointed under Article 2:02) will, after completing the probationary period, have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently appointed under this Collective Agreementcollective agreement.
(c) For the purposes of Article 12:02(a), vacations and any authorized leave of absence permitted under this agreement will be deemed time actually worked.
(d) The University shall post a seniority list by January 15 and July 15 of each yearsemi-annually. A copy of the seniority list will also be forwarded to the Union, including in an electronic format. Employees shall have the right forty-five (45) days to challenge the accuracy of their seniority from the date of posting, in which case that employee’s seniority will be subject to adjustment if established to be inaccurate. After any such adjustments, the list shall be deemed final for all purposes except in the case of clerical errorspurposes.
(e) The parties agree that the following provision of the collective agreement that expired June 30, 2002 shall continue in force until such time the Union’s seniority grievance dated September 21, 2000 is resolved:
12:03 An employee who transfers to shall have no seniority and shall be considered as a position within probationary employee until he/she has completed six (6) months of active employment (i.e., days actually at work at the University but outside in a staff-appointed position). For job classifications of 09N and above the probationary period is nine (9) months of active employment. During the probationary period an employee may be terminated at any time at the sole discretion of the University. The parties agree that an arbitrator has no jurisdiction to relieve against the penalty of discharge or substitute or provide any other remedy in the case of the discharge of a probationary employee, unless the discharge was discriminatory or made in bad faith.
(a) Where the University decides to fill a vacancy in the bargaining unit it will post a notice in this regard, including a posting on a web site. The notice will include the qualifications, classification, salary range, department and returns person to whom an application should be submitted. The notice will specify that the posting is restricted to employees in the bargaining unit. Notices will remain posted for a minimum of six working days. Employees applicants must submit a written application, including an up-to-date resume, within the period indicated on the posting. Human Resources will receive and review all job applications for job postings prior to forwarding them to the hiring Department. Qualified internal applicants will be interviewed first. However, after completing any internal interviews the hiring Department retains the discretion to post externally and consider external applicants in the selection process, along with internal employee applicants who have already received interviews, in order to determine who is the most qualified candidate. The University will select the qualified candidate, if any, who is the most qualified candidate for the position taking into account factors such as qualifications, skill, ability and previous relevant experience. Where these factors are equal as between two or more candidates, the candidate with more seniority will be selected. The University shall provide applicants upon request copies of the job description. The University shall provide the Union and the bargaining unit applicants who received an interview within ten (10) working days of the awarding of the posting the name of the successful candidate.
(b) When requested to do so, the University will meet with an employee who was not selected for the position with a view to discussing how the employee might prepare for future job postings.
(c) An employee selected by the University for a posted vacancy who feels dissatisfied with the job may, within one month of starting in the job, decide to return to the job the employee left to accept the position. The University may, within one month of an employee starting the job, return an employee to the job the employee left to accept the position if the employee shows an inability to perform the duties of the job. Thereafter, the posted vacancy shall be the employee’s new position.
12:05 Budget cuts, departmental reorganizations, the introduction of new technology or other factors may result in organizational change in a Department that results in the elimination of one (1) or more positions, or the involuntary reduction of an employee’s appointment by twenty (20) percent or more. In such cases:
(a) A minimum of one (1) month’s notice will be given to all affected employees in the Department, prior to the implementation of the organizational change. A copy of such notice shall be provided to the Union.
(b) The Department Head or designate will explain to affected employees the reasons for and nature of the organizational change.
(c) Where a position(s) to be eliminated or involuntarily reduced in the Department is one of a number of similar positions in a multi-incumbent job classification performing similar duties in the Department, the employee(s) in the position with the least seniority will be laid off.
(d) Where one or more employees is facing layoff and a new position(s) is established as a result of organizational change, before being posted under Article 12:04 the new position(s) will first be available to employees in the Department who apply for the new position(s). From among such applicants the University will select the qualified applicant, if any, who is the most qualified applicant for the position taking into account factors such as qualifications, skill, ability and previous relevant experience. Where these factors are equal as between two or more such applicants, the applicant with more seniority will be selected.
(e) Affected employees shall be entitled to utilize the services of the University’s career transition services for up to three (3) years months. The services available include career counselling, computer skills, training support, resume preparation and external job search support.
(f) Employees laid off as a result of the effective date of such transfer shall, upon their return, organizational change shall be placed on the seniority list with the seniority they had accrued subject to the date lay-off provisions.
(g) Notwithstanding (a) to (f) above, in the event of transferan involuntary reduction in appointment, the new position shall first be offered to the affected employee before being made available to employees in the Department as per (d) above. During If the employee’s time outside affected employee accepts the bargaining unit the employee’s name reduced appointment, he/she shall not appear on the seniority list. For clarity, this provision shall be used solely eligible for the purpose of establishing the employee’s seniority date on the seniority list following the employee’s return to the bargaining unit within the three (3) year periodlayoff provisions.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
STAFFING RELATED ISSUES. 12:01 The parties acknowledge the University’s UTS’ commitment to being an internationally significant research a university preparatory school and a teaching University with undergraduate, graduate and professional programmes resource centre of excellent quality and recognize the role of the staff in contributing to this excellence. The University UTS agrees to provide employees whose work is directly affected by the introduction new and/or evolving technology requiring upgrading of new technology skills, with the opportunity to receive appropriate training as determined by the UniversityUTS, if in the University’s UTS’ opinion such training is needed to perform the employee’s duties in the current position.
(a) Seniority shall be based on an employee’s length of continuous service with the University UTS from the date the employee was most recently hired by the UniversityUTS, calculated as follows:
(i) For employees regularly scheduled to work thirty-six thirty‐six and one- quarter one‐quarter (36¼) hours per week or more on an annual basis, expressed in years, weeks, and days;
(ii) For all other employees, time actually worked expressed as years, weeks and days, based on seven and one-quarter one‐quarter (7¼) hour days, thirty-six thirty‐six and one-quarter one‐quarter (36¼) hour weeks, and fifty-two fifty‐two (52) weeks per year.
(b) For clarity, non-probationary staff-appointed University employees from outside the bargaining unit who become covered by the Collective Agreement will have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently covered by this Collective Agreement. Non staff-appointed University employees from outside the bargaining unit (except those in Steelworkers bargaining units) who become covered by the Collective Agreement (except for those employees converted to staff- appointed under Article 2:02) will, after completing the probationary period, have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently appointed under this Collective Agreement.
(c) For the purposes of Article 12:02(a), vacations and any authorized leave of absence permitted under this agreement Agreement will be deemed time actually worked.
(dc) The University UTS shall post a seniority list by January 15 and July 15 of each year. A copy of the seniority list will also be forwarded to the Union, including in an electronic format. Employees shall have the right to challenge the accuracy of their seniority from the date of posting, in which case that employee’s seniority will be subject to adjustment if established to be inaccurate. After any such adjustments, the list shall be deemed final for all purposes except in the case of clerical errors.
(e) An employee who transfers to a position within the University but outside the bargaining unit and returns to the bargaining unit within three (3) years of the effective date of such transfer shall, upon their return, be placed on the seniority list with the seniority they had accrued to the date of transfer. During the employee’s time outside the bargaining unit the employee’s name shall not appear on the seniority list. For clarity, this provision shall be used solely for the purpose of establishing the employee’s seniority date on the seniority list following the employee’s return to the bargaining unit within the three (3) year period.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
STAFFING RELATED ISSUES. 12:01 The parties acknowledge the University’s commitment to being an internationally significant research and teaching University with undergraduate, graduate and professional programmes programs of excellent quality and recognize the role of the staff in contributing to this excellence. The University agrees to provide employees whose work is directly affected by the introduction of new technology with the opportunity to receive appropriate training as determined by the University, if in the University’s opinion such training is needed to perform the employee’s duties in the current positionquality.
(a) Seniority shall be based on an employee’s length of continuous service with the University from the date the employee was most recently hired by the University, calculated as follows:
(i) For employees regularly scheduled to work thirty-six and one- one-quarter (36¼) hours per week or more on an annual basis, expressed in years, weeks, and days;
(ii) For all other employees, time actually worked expressed as years, weeks and days, based on seven and one-quarter (7¼) hour days, thirty-six and one-quarter (36¼) hour weeks, and fifty-two (52) weeks per year.
(b) For clarity, non-probationary staff-appointed University employees from outside the bargaining unit who become covered by the Collective Agreement will have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently covered by this Collective Agreement. Non staff-appointed University employees from outside the bargaining unit (except those in Steelworkers bargaining units) who become covered by the Collective Agreement (except for those employees converted to staff- appointed under Article 2:02) collective agreement will, after completing the probationary period, have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently appointed under this Collective Agreementhired by the University.
(c) For the purposes of Article 12:02(a), vacations and any authorized leave of absence permitted under this agreement will be deemed time actually worked.
(d) The Within sixty (60) days following ratification, the University shall post a draft seniority list by January 15 and July 15 of each year. A copy of the seniority list will also be forwarded to the Union, including in an electronic formatlist. Employees shall have the right sixty (60) days to challenge the accuracy of their seniority from the date of the posting, in which case that employee’s seniority will be subject to adjustment if established to be inaccurate. After any such adjustments, the list shall be deemed final for all purposes except in the case of clerical errorspurposes.
(e) An employee who transfers to a position within After the initial seniority list is established in accordance with (d) above, thereafter, the University but outside the bargaining unit and returns to the bargaining unit within three (3) years shall post a seniority list semi-annually. A copy of the effective date of such transfer shall, upon their return, be placed on the seniority list with the seniority they had accrued will also be forwarded to the date of transferUnion, including in an electronic format. During the employee’s time outside the bargaining unit the employee’s name Employees shall not appear on the seniority list. For clarity, this provision shall be used solely for the purpose of establishing the employee’s seniority date on the seniority list following the employee’s return to the bargaining unit within the three (3) year period.have forty-five
Appears in 1 contract
Samples: Collective Agreement
STAFFING RELATED ISSUES.
12:01 The parties acknowledge the University’s commitment to being an internationally significant research and teaching University with undergraduate, graduate and professional programmes of excellent quality and recognize the role of the staff in contributing to this excellence. The University agrees to provide employees whose work is directly affected by the introduction of new technology with the opportunity to receive appropriate training as determined by the University, if in the University’s opinion such training is needed to perform the employee’s duties in the current position.
(a) Seniority shall be based on an employee’s length of continuous service with the University from the date the employee was most recently hired by the University, calculated as follows:
(i) For employees regularly scheduled to work thirty-six and one- one-quarter (36¼) hours per week or more on an annual basis, expressed in years, weeks, and days;
(ii) For all other employees, time actually worked expressed as years, weeks and days, based on seven and one-quarter (7¼) hour days, thirty-six and one-quarter (36¼) hour weeks, and fifty-two (52) weeks per year.
(b) For clarity, non-probationary staff-appointed University employees from outside the bargaining unit who become covered by the Collective Agreement collective agreement will have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently covered by this Collective Agreementcollective agreement. Non staff-appointed University employees from outside the bargaining unit (except those in Steelworkers bargaining units) who become covered by the Collective Agreement collective agreement (except for those employees converted to staff- staff-appointed under Article 2:02) will, after completing the probationary period, have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently appointed under this Collective Agreementcollective agreement.
(c) For the purposes of Article 12:02(a), vacations and any authorized leave of absence permitted under this agreement will be deemed time actually worked.
(d) The University shall post a seniority list by January 15 and July 15 of each year. A copy of the seniority list will also be forwarded to the Union, including in an electronic format. Employees shall have the right to challenge the accuracy of their seniority from the date of posting, in which case that employee’s seniority will be subject to adjustment if established to be inaccurate. After any such adjustments, the list shall be deemed final for all purposes except in the case of clerical errors.
12:03 An employee shall have no seniority and shall be considered as a probationary employee until he/she has completed six (e6) months of active employment (i.e., days actually at work at the University in a staff-appointed position). For clarity, active employment does not include the University closure in December and January, unless the employee is required to work during that period. During the probationary period an employee may be terminated at any time for a lesser standard than “just cause”. The parties agree that an arbitrator has no jurisdiction to relieve against the penalty of discharge or substitute or provide any other remedy in the case of the discharge of a probationary employee, unless the discharge was discriminatory, arbitrary or made in bad faith.
(a) Where the University decides to fill a vacancy in the bargaining unit it will post a notice in this regard, including a posting on a web site. The notice will include the qualifications, classification, salary range, department and person to whom an application should be submitted. The notice will specify that the posting is restricted to employees in the bargaining unit. Notices will remain posted for a minimum of six working days. Employee applicants must submit a written application, including an up-to-date resume, within the period indicated on the posting. Human Resources will receive and review all job applications for job postings prior to forwarding them to the hiring department. Qualified internal applicants will be interviewed first. However, after completing any internal interviews the hiring Department retains the discretion to post externally and consider external applicants in the selection process, along with internal employee applicants who have already received interviews, in order to determine who is the most qualified candidate. The University will select the qualified candidate, if any, who is demonstrably the most qualified candidate for the position taking into account factors such as qualifications, skill, ability and previous relevant experience. The University agrees that the onus lies with the employer to demonstrate that the successful candidate was the most qualified. Where these factors are relatively equal as between two (2) or more candidates, the candidate with more seniority will be selected. The University shall provide applicants upon request copies of the job description. The University shall provide the Union and the bargaining unit applicants who received an interview within ten (10) working days of the awarding of the posting the name of the successful candidate. Further, in addition to the name of the successful candidate, the University will indicate to the Union whether the successful candidate was selected from the accommodation list and/or redeployment pool and whether they are internal or external.
(i) When an employee applies for a position which would result in a lateral move (i.e. to a position in the same multi-incumbent job class) and his/her application demonstrates that he/she meets the minimum qualifications for the position, he/she will be interviewed. Those not granted an interview will be offered advice on how to improve their qualifications and/or job search skills.
(ii) Where an external applicant is selected, the University will provide the Union with a written rationale for its decision that the applicant selected is demonstrably the most qualified.
(iii) Where a manager has decided that an external applicant is the most qualified applicant for a posted position, prior to making an offer of employment, his/her decision will be reviewed by his/her Division Head or designate.
(iv) When requested to do so, the University will meet with an employee who was not selected for the position with a view to discussing how the employee might prepare for future job postings.
(v) When an employee applies, is found to be qualified, but not given the position, the employee can ask for and will be given advice on how to improve his/her qualifications, and assistance in developing a career development plan and/or job search skills.
(c) An employee selected by the University for a posted vacancy who transfers feels dissatisfied with the job may, within one (1) month of starting in the job, decide to return to the job the employee left to accept the position. The University may, within one (1) month of an employee starting the job, return an employee to the job the employee left to accept the position if the employee shows an inability to perform the duties of the job. Thereafter, the posted vacancy shall be the employee’s new position.
(d) Recognizing the benefits of secondments in building transferrable skills and for overall career development for employees, the University will consider secondment requests as follows: A non-probationary employee in a continuing position who is the successful applicant for a term staff-appointed position within the University but outside may, prior to accepting the bargaining unit term position, make a written request to his/her manager to take a temporary leave from the continuing position of up to 2 years so that he/she may return to his/her continuing position at the end of the term position. The manager’s decision to grant or deny a secondment shall be based on reasons of operational efficiency and returns service effectiveness. Such requests shall not be unreasonably denied. The employee will return to the bargaining unit within three (3) years continuing position that is being held for him/her at the end of the effective date temporary leave if the position still exists. The University will provide any training it deems necessary for the employee to resume his/her duties in the continuing position. If the position is eliminated during the leave, the provisions of Articles 12:05 to 12:10 shall apply.
12:05 Budget cuts, departmental reorganizations, the introduction of new technology or other factors may result in organizational change in a Department that results in the elimination of one (1) or more positions, or the involuntary reduction of an employee’s appointment by twenty (20) percent or more. The potential impact on current staff will be considered when organizational change proposals are being formulated as outlined in this article. In such cases:
(a) The University shall meet with the Union to provide preliminary information in respect of the organizational change when in the University’s view sufficient information is known and available regarding the general reasons, nature, anticipated organizational impact and approximate timing of the change.
(b) A minimum of six (6) weeks notice will be given to all affected employees in the Department, prior to the implementation of the organizational change. Notice shall be given to the affected employee(s) between Monday and Thursday inclusive. A copy of such transfer shallnotice shall be provided to the Union at the same time. At least one (1) week prior to the affected employee(s) being notified, upon their returnthe University shall provide the Union with a list of all employee(s) affected by the organizational change. At that time, be placed on the seniority list University will meet with the seniority they had accrued Union to outline the rationale for its decision.
(c) The Department Head or designate will explain to the date employees in the affected Department the reasons for and nature of transfer. During the employee’s time outside the bargaining unit the employee’s name shall not appear on the seniority listorganizational change. For clarity, it is expected that the substance of this provision communication will have already been provided to the Union at an earlier step in the process, pursuant to (a) and/or (b) above.
(d) Where a position(s) to be eliminated or involuntarily reduced in the Department is one of a number of similar positions in a multi-incumbent job classification performing similar duties in the Department, the employee(s) in the position with the least seniority will be laid off.
(e) Where one (1) or more employees is facing layoff and a new position(s) is established as a result of organizational change, before being posted under Article 12:04 the new position(s) and any subsequent vacancies created as a result of the filling of the position by an employee in the Department, will first be available in the following manner to eligible employee(s) in the Department who apply for the position(s).
(i) Preference shall be used solely given to employees in the department who are facing layoff for posted positions at the same or lower classification where the employees make application and are qualified. From among such applicants the University will select the qualified applicant. In circumstances where there is more than one qualified applicant for a position, the employee with the most seniority will be selected. Where none of the applicants is qualified, the position will be posted to the department and the selection process will be conducted per paragraph (ii) below.
(ii) All employees in the department shall be eligible to apply for posted positions that are not filled per paragraph (i) above or where paragraph (i) above is not applicable. From among such applicants the University will select the qualified applicant, if any, who is the most qualified applicant for the purpose position taking into account factors such as qualifications, skill, ability and previous relevant experience. Where these factors are relatively equal as between two (2) or more such employees, the employee with more seniority will be selected.
(iii) The employees who will be facing layoff will have redeployment pool status from the time they receive notice of establishing organizational change if:
(a) there are no new positions being created in the employeedepartment, or
(b) any new position(s) being created is at a higher classification than the position(s) of the employee(s) facing layoff and there are no other positions in the department at the same or lower classification as that occupied by the employee(s) facing layoff.
(f) Affected employees shall be entitled to utilize the services of the University’s seniority date on career transition services for up to eighteen (18) weeks from the seniority list following the employee’s return to the bargaining unit within the three (3) year period.time notice is given under Article 12:05
Appears in 1 contract
Samples: Collective Agreement
STAFFING RELATED ISSUES.
12:01 The parties acknowledge the University’s UTS’ commitment to being an internationally significant research a university preparatory school and a teaching University with undergraduate, graduate and professional programmes resource centre of excellent quality and recognize the role of the staff in contributing to this excellence. The University UTS agrees to provide employees whose work is directly affected by the introduction new and/or evolving technology requiring upgrading of new technology skills, with the opportunity to receive appropriate training as determined by the UniversityUTS, if in the University’s UTS’ opinion such training is needed to perform the employee’s duties in the current position.
(a) Seniority shall be based on an employee’s length of continuous service with the University UTS from the date the employee was most recently hired by the UniversityUTS, calculated as follows:
(i) For employees regularly scheduled to work thirty-six and one- one-quarter (36¼) hours per week or more on an annual basis, expressed in years, weeks, and days;
(ii) For all other employees, time actually worked expressed as years, weeks and days, based on seven and one-quarter (7¼) hour days, thirty-six and one-quarter (36¼) hour weeks, and fifty-two (52) weeks per year.
(b) For clarity, non-probationary staff-appointed University employees from outside the bargaining unit who become covered by the Collective Agreement will have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently covered by this Collective Agreement. Non staff-appointed University employees from outside the bargaining unit (except those in Steelworkers bargaining units) who become covered by the Collective Agreement (except for those employees converted to staff- appointed under Article 2:02) will, after completing the probationary period, have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently appointed under this Collective Agreement.
(c) For the purposes of Article 12:02(a), vacations and any authorized leave of absence permitted under this agreement Agreement will be deemed time actually worked.
(dc) The University UTS shall post a seniority list by January 15 and July 15 of each year. A copy of the seniority list will also be forwarded to the Union, including in an electronic format. Employees shall have the right to challenge the accuracy of their seniority from the date of posting, in which case that employee’s seniority will be subject to adjustment if established to be inaccurate. After any such adjustments, the list shall be deemed final for all purposes except in the case of clerical errors.
12:03 An employee shall have no seniority and shall be considered as a probationary employee until they have completed one hundred (e100) days of active employment (i.e. days actually at work at UTS in a staff- appointed position). For job classifications of Band 12 and above, the probationary period is one hundred and forty (140) days of active employment as defined above. In the case where a term position is re-posted as a continuing position and the same incumbent is hired for that position, time worked in the term position shall count towards the probationary period. During the probationary period, UTS shall provide a formal review in writing every eight (8) weeks, in which the employee must participate. Failure on the part of UTS to provide a formal review shall not serve to extend the probationary period. During the probationary period an employee may be terminated at any time for a lesser standard than just cause.” The parties agree that an arbitrator has no jurisdiction to relieve against the penalty of discharge or substitute or provide any other remedy in the case of the discharge of a probationary employee, unless the discharge was discriminatory, arbitrary or made in bad faith.
(a) Where UTS decides to fill a vacancy in the bargaining unit, it will post a notice in this regard, including a posting on a web site. The notice will include the qualifications, classification, salary range, department and person to whom an application should be submitted. The notice will specify that the posting is restricted to employees in the bargaining unit. Notices will remain posted for a minimum of six (6) working days. Employee applicants must submit a written application, including an up-to-date resume, within the period indicated on the posting. Human Resources will receive and review all job applications for job postings prior to forwarding them to the hiring department. Qualified internal applicants will be interviewed first. However, after completing any internal interviews, the hiring department retains the discretion to post externally and consider external applicants in the selection process, along with internal employee applicants who have already received interviews, in order to determine who is the most qualified candidate. UTS will select the qualified candidate, if any, who is demonstrably the most qualified candidate for the position taking into account factors such as qualifications, skill, ability and previous relevant experience. Where these factors are relatively equal as between two (2) or more candidates, the candidate with more seniority will be selected. UTS shall provide applicants, upon request, copies of the job description. UTS shall provide the Union and the bargaining unit applicants who received an interview within ten (10) working days of the awarding of the posting the name of the successful candidate.
i. When requested to do so, UTS will meet with an employee who was not selected for the position with a view to discussing how the employee might prepare for future job postings.
ii. Where an external applicant is selected over an internal candidate, when requested to do so, UTS will meet with the Union to elaborate upon its rationale for concluding that the applicant selected is demonstrably the most qualified.
iii. When an employee applies, is found to be qualified, but not given the position, the employee can ask for and will be given advice on how to improve their qualifications, and assistance in developing a career development plan and/or job search skills.
(b) An employee selected by UTS for a posted vacancy who transfers feels dissatisfied with the job may, within one (1) month of starting in the job, decide to a position within the University but outside the bargaining unit and returns return to the bargaining unit job the employee left to accept the position. UTS may, within three one (31) years month of an employee starting the job, return an employee to the job the employee left to accept the position if the employee shows an inability to perform the duties of the effective date of such transfer shalljob. Thereafter, upon their return, the posted vacancy shall be placed on the seniority list with the seniority they had accrued to the date of transfer. During the employee’s time outside the new position.
(c) The Union shall be notified immediately of any bargaining unit position where there is a vacancy which is filled by a non-bargaining unit employee.
(d) Where a staff-appointed vacancy of six (6) months or more is to be filled, the position shall be posted as a staff-appointed position within four (4) weeks of the commencement of the vacancy.
12:05 Budget cuts, departmental reorganizations, the introduction of new technology or other factors may result in organizational change in a department that result in the elimination of one (1) or more positions, or the involuntary reduction of an employee’s name appointment by twenty (20) percent or more. The potential impact on current staff will be considered when organizational change proposals are being formulated as outlined in this Article. In such cases:
(a) The HR Director shall not appear on meet with the seniority listUnion to provide preliminary information in respect to the organizational change when in UTS’ view sufficient information is known and available regarding the general reasons, nature, anticipated organizational impact and approximate timing of the change.
(b) A minimum of eight (8) weeks’ notice will be given to all affected employees in the department, prior to the implementation of the organizational change. Notice shall be given to the affected employee(s) between Monday and Thursday inclusive. Employees who receive notice of organizational change during a period of pregnancy, primary caregiver / adoption or parental leave will, upon the completion of such leave, receive salary continuance for their full eight (8) week notice of organizational change notice period. At least one (1) week prior to the affected employee(s) being notified, UTS shall provide the Union with a list of the employee(s) affected by the organizational change. At that time, UTS will meet with the Union to outline the rationale for its decision.
(c) Notice shall be given to the affected employee(s) between Monday and Thursday.
(d) The Supervisor and/or HR Director will explain to the employees in the affected department the reasons for and nature of the organizational change. For clarity, it is expected that the substance of this provision communication will have already been provided to the Union at an earlier step in this process, pursuant to (a) and/or (b) above.
(e) Where the position(s) to be eliminated or involuntarily reduced is one of a number of similar positions in a job group, the employee(s) in the job group with the least seniority will be laid-off unless in the opinion of UTS, the more senior employee(s) in the job group lack the skill, ability or qualifications to perform in the position.
(f) Where one (1) or more employees is facing layoff and a new position(s) is established as a result of organizational change, before being posted under Article 12:04 the new position(s) and any subsequent vacancies created as a result of the filling of the position by an employee in a department, will first be available to employees in the department who apply for the position(s). From among such applicants, UTS will select the qualified applicant, if any, who is the most qualified applicant for the position taking into account factors such as qualifications, skill, ability and previous relevant experience. Where these factors are relatively equal as between two (2) or more such employees, the employee with more seniority will be selected.
(g) Employees laid-off as a result of organizational change shall be used solely subject to the layoff provisions. During the layoff notice period, employees shall be permitted to take up to five (5) days off work with pay for the purpose of establishing training and/or job search purposes. Scheduling shall be subject to operational requirements and prior approval by the employee’s seniority date on Supervisor.
(h) Notwithstanding (a) to (g) above, in the seniority list following event of an involuntary reduction in appointment, the employee’s return new position shall first be offered to the bargaining unit within affected employee before being made available to employees in a department as per (f) above. If the three (3affected employee accepts the reduced appointment, they shall not be eligible for the layoff provisions.
12:06 In the event of a reduction of the work force, the employee(s) year periodwith the least seniority in a job group shall be laid off, unless, in the opinion of UTS, the more senior employee(s) in the job group lack the skill, ability or qualifications to perform the work.
Appears in 1 contract
Samples: Collective Agreement
STAFFING RELATED ISSUES. 12:01 The parties acknowledge the University’s commitment to being an internationally significant research and teaching University with undergraduate, graduate and professional programmes of excellent quality and recognize the role of the staff in contributing to this excellence. The University agrees to provide employees whose work is directly affected by the introduction of new technology with the opportunity to receive appropriate training as determined by the University, if in the University’s opinion such training is needed to perform the employee’s duties in the current position.
(a) Seniority shall be based on an employee’s length of continuous service with the University from the date the employee was most recently hired by the University, calculated as follows:
(i) For employees regularly scheduled to work thirty-six and one- one-quarter (36¼) hours per week or more on an annual basis, expressed in years, weeks, and days;
(ii) For all other employees, time actually worked expressed as years, weeks and days, based on seven and one-quarter (7¼) hour days, thirty-six and one-quarter (36¼) hour weeks, and fifty-two (52) weeks per year.
(b) For clarity, non-probationary staff-appointed University employees from outside the bargaining unit who become covered by the Collective Agreement collective agreement will have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently covered by this Collective Agreementcollective agreement. Non staff-appointed University employees from outside the bargaining unit (except those in Steelworkers bargaining units) who become covered by the Collective Agreement collective agreement (except for those employees converted to staff- staff-appointed under Article 2:02) will, after completing the probationary period, have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently appointed under this Collective Agreementcollective agreement.
(c) For the purposes of Article 12:02(a), vacations and any authorized leave of absence permitted under this agreement will be deemed time actually worked.
(d) The University shall post a seniority list by January 15 and July 15 of each yearsemi-annually. A copy of the seniority list will also be forwarded to the Union, including in an electronic format. Employees shall have the right forty-five (45) days to challenge the accuracy of their seniority from the date of posting, in which case that employee’s seniority will be subject to adjustment if established to be inaccurate. After any such adjustments, the list shall be deemed final for all purposes except in the case of clerical errors.
(e) An employee who transfers to a position within the University but outside the bargaining unit and returns to the bargaining unit within three (3) years of the effective date of such transfer shall, upon their return, be placed on the seniority list with the seniority they had accrued to the date of transfer. During the employee’s time outside the bargaining unit the employee’s name shall not appear on the seniority list. For clarity, this provision shall be used solely for the purpose of establishing the employee’s seniority date on the seniority list following the employee’s return to the bargaining unit within the three (3) year period.
Appears in 1 contract
Samples: Collective Agreement
STAFFING RELATED ISSUES.
12:01 The parties acknowledge the University’s UTS’ commitment to being an internationally significant research a university preparatory school and a teaching University with undergraduate, graduate and professional programmes resource centre of excellent quality and recognize the role of the staff in contributing to this excellence. The University UTS agrees to provide employees whose work is directly affected by the introduction new and/or evolving technology requiring upgrading of new technology skills, with the opportunity to receive appropriate training as determined by the UniversityUTS, if in the University’s UTS’ opinion such training is needed to perform the employee’s duties in the current position.. Seniority
(a) Seniority shall be based on an employee’s length of continuous service with the University UTS from the date the employee was most recently hired by the UniversityUTS, calculated as follows:
(i) For employees regularly scheduled to work thirty-six and one- one-quarter (36¼) hours per week or more on an annual basis, expressed in years, weeks, and days;
(ii) For all other employees, time actually worked expressed as years, weeks and days, based on seven and one-quarter (7¼) hour days, thirty-six and one-quarter (36¼) hour weeks, and fifty-two (52) weeks per year.
(b) For clarity, non-probationary staff-appointed University employees from outside the bargaining unit who become covered by the Collective Agreement will have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently covered by this Collective Agreement. Non staff-appointed University employees from outside the bargaining unit (except those in Steelworkers bargaining units) who become covered by the Collective Agreement (except for those employees converted to staff- appointed under Article 2:02) will, after completing the probationary period, have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently appointed under this Collective Agreement.
(c) For the purposes of Article 12:02(a), vacations and any authorized leave of absence permitted under this agreement Agreement will be deemed time actually worked.
(dc) The University UTS shall post a seniority list by January 15 and July 15 of each year. A copy of the seniority list will also be forwarded to the Union, including in an electronic format. Employees shall have the right to challenge the accuracy of their seniority from the date of posting, in which case that employee’s seniority will be subject to adjustment if established to be inaccurate. After any such adjustments, the list shall be deemed final for all purposes except in the case of clerical errors.
12:03 An employee shall have no seniority and shall be considered as a probationary employee until they have completed one hundred (e100) days of active employment (i.e. days actually at work at UTS in a staff- appointed position). For job classifications of Band 12 and above, the probationary period is one hundred and forty (140) days of active employment as defined above. Job Posting
(a) Where UTS decides to fill a vacancy in the bargaining unit, it will post a notice in this regard, including a posting on a web site. The notice will include the qualifications, classification, salary range, department and person to whom an application should be submitted. The notice will specify that the posting is restricted to employees in the bargaining unit. Notices will remain posted for a minimum of six (6) working days. Employee applicants must submit a written application, including an up-to-date resume, within the period indicated on the posting. Human Resources will receive and review all job applications for job postings prior to forwarding them to the hiring department. Qualified internal applicants will be interviewed first. However, after completing any internal interviews, the hiring department retains the discretion to post externally and consider external applicants in the selection process, along with internal employee applicants who have already received interviews, in order to determine who is the most qualified candidate. UTS will select the qualified candidate, if any, who is demonstrably the most qualified candidate for the position taking into account factors such as qualifications, skill, ability and previous relevant experience. Where these factors are relatively equal as between two (2) or more candidates, the candidate with more seniority will be selected. UTS shall provide applicants, upon request, copies of the job description. UTS shall provide the Union and the bargaining unit applicants who received an interview within ten (10) working days of the awarding of the posting the name of the successful candidate.
i. When requested to do so, UTS will meet with an employee who was not selected for the position with a view to discussing how the employee might prepare for future job postings.
ii. Where an external applicant is selected over an internal candidate, when requested to do so, UTS will meet with the Union to elaborate upon its rationale for concluding that the applicant selected is demonstrably the most qualified.
iii. When an employee applies, is found to be qualified, but not given the position, the employee can ask for and will be given advice on how to improve their qualifications, and assistance in developing a career development plan and/or job search skills.
(b) An employee selected by UTS for a posted vacancy who transfers feels dissatisfied with the job may, within one (1) month of starting in the job, decide to a position within the University but outside the bargaining unit and returns return to the bargaining unit job the employee left to accept the position. UTS may, within three one (31) years month of an employee starting the job, return an employee to the job the employee left to accept the position if the employee shows an inability to perform the duties of the effective date of such transfer shalljob. Thereafter, upon their return, the posted vacancy shall be placed on the seniority list with the seniority they had accrued to the date of transfer. During the employee’s time outside the new position.
(c) The Union shall be notified immediately of any bargaining unit position where there is a vacancy which is filled by a non-bargaining unit employee.
(d) Where a staff-appointed vacancy of six (6) months or more is to be filled, the position shall be posted as a staff-appointed position within four (4) weeks of the commencement of the vacancy.
12:05 Budget cuts, departmental reorganizations, the introduction of new technology or other factors may result in organizational change in a department that result in the elimination of one (1) or more positions, or the involuntary reduction of an employee’s name appointment by twenty (20) percent or more. The potential impact on current staff will be considered when organizational change proposals are being formulated as outlined in this Article. In such cases:
(a) The most senior Human Resources Officer shall not appear on meet with the seniority listUnion to provide preliminary information in respect to the organizational change when in UTS’ view sufficient information is known and available regarding the general reasons, nature, anticipated organizational impact and approximate timing of the change.
(b) A minimum of eight (8) weeks’ notice will be given to all affected employees in the department, prior to the implementation of the organizational change. Notice shall be given to the affected employee(s) between Monday and Thursday inclusive. Employees who receive notice of organizational change during a period of pregnancy, primary caregiver / adoption or parental leave will, upon the completion of such leave, receive salary continuance for their full eight (8) week notice of organizational change notice period. At least one (1) week prior to the affected employee(s) being notified, UTS shall provide the Union with a list of the employee(s) affected by the organizational change. At that time, UTS will meet with the Union to outline the rationale for its decision.
(c) Notice shall be given to the affected employee(s) between Monday and Thursday.
(d) The Supervisor and/or most senior Human Resources Officer will explain to the employees in the affected department the reasons for and nature of the organizational change. For clarity, it is expected that the substance of this provision communication will have already been provided to the Union at an earlier step in this process, pursuant to (a) and/or (b) above.
(e) Where the position(s) to be eliminated or involuntarily reduced is one of a number of similar positions in a job group, the employee(s) in the job group with the least seniority will be laid-off unless in the opinion of UTS, the more senior employee(s) in the job group lack the skill, ability or qualifications to perform in the position.
(f) Where one (1) or more employees is facing layoff and a new position(s) is established as a result of organizational change, before being posted under Article 12:04 the new position(s) and any subsequent vacancies created as a result of the filling of the position by an employee in a department, will first be available to employees in the department who apply for the position(s). From among such applicants, UTS will select the qualified applicant, if any, who is the most qualified applicant for the position taking into account factors such as qualifications, skill, ability and previous relevant experience. Where these factors are relatively equal as between two (2) or more such employees, the employee with more seniority will be selected.
(g) Employees laid-off as a result of organizational change shall be used solely subject to the layoff provisions. During the layoff notice period, employees shall be permitted to take up to five (5) days off work with pay for the purpose of establishing training and/or job search purposes. Scheduling shall be subject to operational requirements and prior approval by the employee’s seniority date on Supervisor.
(h) Notwithstanding (a) to (g) above, in the seniority list following event of an involuntary reduction in appointment, the employee’s return new position shall first be offered to the bargaining unit within affected employee before being made available to employees in a department as per (f) above. If the three (3affected employee accepts the reduced appointment, they shall not be eligible for the layoff provisions.
12:06 In the event of a reduction of the work force, the employee(s) year periodwith the least seniority in a job group shall be laid off, unless, in the opinion of UTS, the more senior employee(s) in the job group lack the skill, ability or qualifications to perform the work.
Appears in 1 contract
Samples: Collective Agreement
STAFFING RELATED ISSUES.
12:01 The parties acknowledge the University’s commitment to being an internationally significant research and teaching University with undergraduate, graduate and professional programmes of excellent quality and recognize the role of the staff in contributing to this excellence. The University agrees to provide employees whose work is directly affected by the introduction of new technology with the opportunity to receive appropriate training as determined by the University, if in the University’s opinion such training is needed to perform the employee’s duties in the current position.. Seniority
(a) Seniority shall be based on an employee’s length of continuous service with the University from the date the employee was most recently hired by the University, calculated as follows:
(i) For employees regularly scheduled to work thirty-six and one- quarter (36¼) hours per week or more on an annual basis, expressed in years, weeks, and days;
(ii) For all other employees, time actually worked expressed as years, weeks and days, based on seven and one-quarter (7¼) hour days, thirty-six and one-quarter (36¼) hour weeks, and fifty-two (52) weeks per year.
(b) For clarity, non-probationary staff-appointed University employees from outside the bargaining unit who become covered by the Collective Agreement will have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently covered by this Collective Agreement. Non staff-appointed University employees from outside the bargaining unit (except those in Steelworkers bargaining units) who become covered by the Collective Agreement (except for those employees converted to staff- appointed under Article 2:02) will, after completing the probationary period, have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently appointed under this Collective Agreement.
(c) For the purposes of Article 12:02(a), vacations and any authorized leave of absence permitted under this agreement will be deemed time actually worked.
(d) The University shall post a seniority list by January 15 and July 15 of each year. A copy of the seniority list will also be forwarded to the Union, including in an electronic format. Employees shall have the right to challenge the accuracy of their seniority from the date of posting, in which case that employee’s seniority will be subject to adjustment if established to be inaccurate. After any such adjustments, the list shall be deemed final for all purposes except in the case of clerical errors.
(e) An employee who transfers to a position within the University but outside the bargaining unit and returns to the bargaining unit within three (3) years of the effective date of such transfer shall, upon their return, be placed on the seniority list with the seniority they had accrued to the date of transfer. During the employee’s time outside the bargaining unit the employee’s name shall not appear on the seniority list. For clarity, this provision shall be used solely for the purpose of establishing the employee’s seniority date on the seniority list following the employee’s return to the bargaining unit within the three (3) year period.. Probationary Period
12:03 An employee shall have no seniority and shall be considered as a probationary employee until they have completed six (6) months of active employment (i.e., days actually at work at the University in a staff-appointed position). For clarity, active employment does not include the University closure in December and January, unless the employee is required to work during that period. In the case where a term position is re-posted as a continuing position and the same incumbent is hired for that position, time worked in the term position shall count towards the probationary period. During the probationary period an employee may be terminated at any time for a lesser standard than “just cause”. The parties agree that an arbitrator has no jurisdiction to relieve against the penalty of discharge or substitute or provide any other remedy in the case of the discharge of a probationary employee, unless the discharge was discriminatory, arbitrary or made in bad faith. Posting
(a) Where the University decides to fill a vacancy of more than six (6) months in the bargaining unit it will post a notice in this regard, including a posting on a web site. The notice will include the core duties, responsibilities, qualifications, classification, salary range, department and person to whom an application should be submitted, and a statement that a job description is available upon request. The notice will specify that the posting is restricted to employees in the bargaining unit. Notices will remain posted for a minimum of seven working days. Employee applicants must submit a written application, including an up-to-date resume, within the period indicated on the posting and receive acknowledgement of the receipt of their application. Human Resources will receive and review all job applications for job postings prior to forwarding them to the hiring Department. Internal applicants who meet the minimum qualifications will be interviewed and granted time off work with pay to participate in the interview. However, after completing any internal interviews the hiring Department retains the discretion to post externally and consider external applicants in the selection process, along with internal employee applicants who have already received interviews, in order to determine who is the most qualified candidate. Internal applicants who apply to positions posted externally shall have the same status as non-USW applicants. For clarity, such internal applicants will not be covered by any provision of the Collective Agreement in respect of job competitions for
Appears in 1 contract
Samples: Collective Agreement
STAFFING RELATED ISSUES. 12:01 The parties acknowledge the University’s UTS’ commitment to being an internationally significant research a university preparatory school and a teaching University with undergraduate, graduate and professional programmes resource centre of excellent quality and recognize the role of the staff in contributing to this excellence. The University UTS agrees to provide employees whose work is directly affected by the introduction of new technology with the opportunity to provide feedback on proposed technology and receive appropriate training as determined by the UniversityUTS, if in the University’s UTS’ opinion such training is needed to perform the employee’s duties in the current position.
(a) Seniority shall be based on an employee’s length of continuous service with the University UTS from the date the employee was most recently hired by the UniversityUTS, calculated as follows:
(i) For employees regularly scheduled to work thirty-six and one- one-quarter (36¼) hours per week or more on an annual basis, expressed in years, weeks, and days;
(ii) For all other employees, time actually worked expressed as years, weeks and days, based on seven and one-quarter (7¼) hour days, thirty-six and one-quarter (36¼) hour weeks, and fifty-two (52) weeks per year.
(b) For clarity, non-probationary staff-appointed University employees from outside the bargaining unit who become covered by the Collective Agreement will have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently covered by this Collective Agreement. Non staff-appointed University employees from outside the bargaining unit (except those in Steelworkers bargaining units) who become covered by the Collective Agreement (except for those employees converted to staff- appointed under Article 2:02) will, after completing the probationary period, have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently appointed under this Collective Agreement.
(c) For the purposes of Article 12:02(a), vacations and any authorized leave of absence permitted under this agreement Agreement will be deemed time actually worked.
(dc) The University UTS shall post a seniority list by January 15 and July 15 of each year. A copy of the seniority list will also be forwarded to the Union, including in an electronic format. Employees shall have the right to challenge the accuracy of their seniority from the date of posting, in which case that employee’s seniority will be subject to adjustment if established to be inaccurate. After any such adjustments, the list shall be deemed final for all purposes except in the case of clerical errors.
(e) An employee who transfers to a position within the University but outside the bargaining unit and returns to the bargaining unit within three (3) years of the effective date of such transfer shall, upon their return, be placed on the seniority list with the seniority they had accrued to the date of transfer. During the employee’s time outside the bargaining unit the employee’s name shall not appear on the seniority list. For clarity, this provision shall be used solely for the purpose of establishing the employee’s seniority date on the seniority list following the employee’s return to the bargaining unit within the three (3) year period.
Appears in 1 contract
Samples: Collective Agreement
STAFFING RELATED ISSUES. 12:01 The parties acknowledge the University’s commitment to being an internationally significant research and teaching University with undergraduate, graduate and professional programmes of excellent quality and recognize the role of the staff in contributing to this excellence. The University agrees to provide employees whose work is directly affected by the introduction of new technology with the opportunity to receive appropriate training as determined by the University, if in the University’s opinion such training is needed to perform the employee’s duties in the current position.. Seniority
(a) Seniority shall be based on an employee’s length of continuous service with the University from the date the employee was most recently hired by the University, calculated as follows:
(i) : For employees regularly scheduled to work thirtyand one-six and one- quarter (36¼36%) hours per week or more on an annual basis, expressed in years, weeks, and days;
(ii) ; For all other employees, time actually worked expressed as years, weeks and days, based on seven and one-quarter (7¼7%) hour days, thirty-six and one-quarter (36¼36%) hour weeks, and fifty-two (52) weeks per year.
(b) . For clarity, non-probationary staff-appointed University employees from outside the bargaining unit who become covered by the Collective Agreement collective agreement will have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently covered by this Collective Agreementcollective agreement. Non staff-appointed University employees from outside the bargaining unit (except those in Steelworkers bargaining units) who become covered by the Collective Agreement collective agreement (except for those employees converted to staff- staff-appointed under Article 2:02) will, after completing the probationary period, have their seniority calculated on the basis of the employee’s length of continuous service with the University from the date the employee was most recently appointed under this Collective Agreement.
(c) collective agreement. For the purposes of Article 12:02(a), vacations and any authorized leave of absence permitted under this agreement will be deemed time actually worked.
(d) . The University shall post a seniority list by January 15 and July 15 of each year. A copy of the seniority list will also be forwarded to the Union, including in an electronic format. Employees shall have the right forty-five (45) days to challenge the accuracy of their seniority from the date of posting, in which case that employee’s seniority will be subject to adjustment if established to be inaccurate. After any such adjustments, the list shall be deemed final for all purposes except in the case of clerical errors. Probationary Period An employee shall have no seniority and shall be considered as a probationary employee until has completed six (6) months of active employment (i.e., days actually at work at the University in a staff-appointed position). For clarity, active employment does not include the University closure in December and January, unless the employee is required to work during that period. During the probationary period an employee may be terminated at any time for a lesser standard than “just cause”. The parties agree that an arbitrator has no jurisdiction to relieve against the penalty of discharge or substitute or provide any other remedy in the case of the discharge of a probationary employee, unless the discharge was discriminatory, arbitrary or made in bad faith.
(ea) Where the University decides to fill a vacancy in the bargaining unit it will post a notice in this regard, including a posting on a web site. The notice will include the qualifications, classification, salary range, department and person to whom an application should be submitted. The notice will specify that the posting is restricted to employees in the bargaining unit. Notices will remain posted for a minimum of six working days. Employee applicants must submit a written application, including an up-to-date resume, within the period indicated on the posting. Human Resources will receive and review all job applications for job prior to forwarding them to the hiring department. Qualified internal applicants will be interviewed first. However, after completing any internal interviews the hiring Department retains the discretion to post externally and consider external applicants in the selection process, along with internal employee applicants who have already received interviews, in order to determine who is the most qualified candidate. The University will select the qualified candidate, if any, who is demonstrably the most qualified candidate for the position taking into account factors such as qualifications, skill, ability and previous relevant experience. The University agrees that the onus lies with the employer to demonstrate that the successful candidate was the most qualified. Where these factors are relatively equal as between two (2) or more candidates, the candidate with more seniority will be selected. The University shall provide applicants upon request copies of the job description. The University shall provide the Union and the bargaining unit applicants who received an interview within ten working days of the awarding of the posting the name of the successful candidate. When an employee applies for a position which would result in a lateral move (i.e. to a position in the same multi-incumbent job class) and application demonstrates that meets the minimum qualifications for the position, will be interviewed. Those not granted an interview will be offered advice on how to improve their qualifications and/or job search skills. Where an external applicant is selected, the University will provide the Union with a written rationale for its decision that the selected is demonstrably the most qualified. Where a manager has decided that an external applicant is the most qualified applicant for a posted position, prior to makingan offer of employment, decision will be reviewed by Division Head or designate. When requested to do so, the University will meet with an employee who was not selected for the position with a view to discussing how the employee might prepare for future job When an employee applies, is found to be qualified, but not given the position, the employee can ask for and will be given advice on how to improve qualifications, and assistance in developing a career development plan and/or job search skills. An employee selected by the University for a posted vacancy who transfers feels dissatisfied with the job may, within one (1) month of starting in the job, decide to return to the job the employee left to accept the position. The University may, within one (1) month of an employee starting the job, return an employee to the job the employee left to accept the position if the employee shows an inability to perform the duties of the job. Thereafter, the posted vacancy shall be the employee’s new position. Secondments Recognizing the benefits of secondments in building transferrable skills and for overall career development for employees, the University will consider secondment requests as follows: A non-probationary employee in a continuing position who is the successful applicant for a term staff-appointed position within the University but outside may, prior to accepting the bargaining unit and returns term position, make a written request to manager to take a temporary leave from the bargaining unit within three (3) continuing position of up to years so that may return to continuing position at the end of the effective date of such transfer shall, upon their return, be placed on the seniority list with the seniority they had accrued term position. The manager's decision to the date of transfer. During the employee’s time outside the bargaining unit the employee’s name shall not appear on the seniority list. For clarity, this provision grant or deny a secondment shall be used solely for the purpose based on reasons of establishing the employee’s seniority date on the seniority list following the employee’s operational efficiency and service effectiveness. The employee will return to the bargaining unit within continuing position that is being held for at the three end of the temporary leave if the position still exists. The University will provide any training it deems necessary for the employee to resume duties in the continuing position. If the position is eliminated during the leave, the provisions of Articles to shall apply. Organizational Change Elimination of Positions or Involuntary Reduction in Appointment Budget cuts, departmental the introduction of new technology or other factors may result in organizational change in a Department that results in the elimination of one (31) year periodor more positions, or the involuntary reduction of an employee's appointment by twenty (20) percent or more. In such cases:
(a) A minimum of six (6) weeks notice will be given to all affected employees in the Department, prior to the implementation of the organizational change. A copy of such notice be provided to the Union at the same time. The Department Head or designate will explain to the employees in the affected Department the reasons for and nature of the organizationalchange. Where a to be eliminated or involuntarily reduced in the Department is one of a number of similar positions in a multi-incumbent job classification performing similar duties in the Department, the in the position with the least seniority will be laid off. Where one (1) or more employees is facing layoff and a new is established as a result of organizational change, before being posted under Article the new and any subsequent vacancies created as a result of the filling of the position by an employee in the Department, will first be available in the following manner to eligible in the Department who apply for the Preference shall be given to employees in the department who are facing layoff for posted positions at the same or lower classification where the employees make application and are qualified. From among such applicants the University will select the qualified applicant. In circumstances where there is more than one qualified applicant for a position, the employee with the most seniority will be selected. Where none of the applicants is qualified, the position will be posted to the department and the selection process will be conducted per paragraph below. All employees in the department shall be eligible to apply for posted positions that are not filled per paragraph above or where paragraph above is not applicable. From among such applicants the University will select the qualified applicant, if any, who is the most qualified applicant for the position taking into account factors such as qualifications, skill, ability and previous relevant experience. Where these factors are relatively equal as between two (2) or more such employees, the employee with more seniority will be selected. The employees who will be facing layoff will have redeployment pool status from the time they receive notice of organizational change if:
(a) there are no new positions being created in the department, or any new being created is at a higher classification than the of the facing layoff and there are no other positions in the department at the same or lower classification as that occupied by the facing layoff.
Appears in 1 contract
Samples: Collective Agreement
