Positions outside the Bargaining Unit (a) An employee may substitute temporarily in a position outside the bargaining unit for up to fifteen (15) months from the date of the assignment. Bargaining unit employees shall be given the first opportunity to fill the resulting vacancy. The employee shall have the right to return to her or his bargaining unit position prior to the expiry of the fifteen (15) month period by giving the Employer six (6) weeks’ notice. Where an employee is backfilling outside of the bargaining unit for purposes of pregnancy and/or parental leave, the period of time will be extended up to nineteen (19) months from the date of the assignment. An employee who remains outside of the bargaining unit beyond the period covered by this article shall lose all seniority. When the employee returns to the bargaining unit, all other employee(s) shall revert to their previous positions. An employee must remain in the bargaining unit for a period of at least three (3) months before transferring out of the bargaining unit again or she or he will lose all seniority held at the time of the subsequent transfer unless the parties agree otherwise.
(b) An employee who accepts a transfer under (a) above will not be required to pay Union dues for any complete calendar month during which no bargaining unit work is performed.
(c) An employee who accepts a permanent position outside of the bargaining unit will lose all seniority held at the time of the transfer.
(d) The Employer will advise the Union of the names of any employees pursuant to Article 9.17(a) or (b).
Transfers and Seniority Outside Bargaining Unit No employee shall be transferred to a position outside the bargaining unit without the employee's consent. If an employee is transferred to a position outside of the bargaining unit, the employee shall retain seniority acquired at the date of leaving the unit, but will not accumulate any further seniority. If such an employee later returns to the bargaining unit, the employee shall be placed in a job consistent with the employee's seniority. Such return shall not result in the layoff or bumping of an employee holding greater seniority.
Transfer and Seniority Outside the Bargaining Unit (a) It is understood that an employee shall not be transferred by the Hospital to a position outside the bargaining unit without his consent except in the case of temporary assignments not exceeding six (6) months. Such employees on temporary assignments shall remain members of the bargaining unit.
(b) An employee who is transferred to a position outside the bargaining unit shall not, subject to (c) below, accumulate seniority. In the event the employee is returned by the Hospital to a position in the bargaining unit within twenty-four (24) months of the transfer he or she shall be credited with the seniority held at the time of transfer and resume accumulation from the date of his or her return to the bargaining unit. An employee not returned to the bargaining unit within 24 months shall forfeit bargaining unit seniority.
(c) In the event an employee transferred out of the bargaining unit under (b) above is returned to the bargaining unit within a period of six (6) calendar months, he shall accumulate seniority during the period of time outside the bargaining unit."
Collective Bargaining Unit 1.1 The Company recognizes the Union as the sole bargaining agent for all regular, part-time and temporary employees1, including technicians of the construction field forces and security employees but excluding:
(a) Employees now represented by other bargaining agents.
(b) Persons above the rank of working supervisor.
(c) Persons who exercise managerial functions in accordance with the Ontario Labour Relations Act.
(d) Persons employed in a confidential capacity in matters relating to labour relations in accordance with the Ontario Labour Relations Act.
1.2 The grievance/arbitration procedure may be used to challenge any unreasonable, arbitrary or bad faith action taken by the Company which results in the exclusion of any employee or position from the bargaining unit. The parties will attempt to resolve disputes expeditiously. 1 "Employees" are employees pursuant to the Labour Relations Act for Ontario SO, 1995, c.1 Schedule A, as amended.
1.3 When an employee is removed from normal duties to act in a vacated position or relieve for an incumbent or perform a temporary assignment, the following shall apply:
(a) When the length of time involved is known to be three months or less, the employee will retain his/her present jurisdictional status.
(b) When it is expected that the length of time will be longer than three months, the employee will be excluded or included at the commencement of his/her new responsibilities. However, in the event the period is actually less than three months:
(1) in exclusion cases, the Union will be reimbursed the dues which would have been paid;
(2) in inclusion cases, the Union will reimburse the employee the dues which have been paid.
(c) When the length of time is unknown, the employee will retain his/her present jurisdictional status up to the three month period. If the period extends beyond three months, the employee will then be either included or excluded.
Collective Bargaining Agreement The term “
EXCLUSIONS FROM THE BARGAINING UNIT 1. Any position that is currently included in the bargaining unit may not be excluded from the bargaining unit without agreement of both parties.
2. A newly created position shall be excluded from the bargaining unit unless the position is included by agreement of both parties.
3. The Board shall notify the Association of all newly created positions not presently included in the bargaining unit, and shall provide written job descriptions on request from the Association.
Collective Bargaining Agreements This chapter shall be superseded by a collective bargaining agreement that expressly so provides.
Bargaining Unit Information The Employer agrees to provide the Union such information relating to Employees in the bargaining unit as may be required by the Union for the purpose of collective bargaining.
Definition of Bargaining Unit Where the words “bargaining unit” or “union” are used in this Agreement, such reference shall be deemed to mean COPE Local 378 members employed by the Employer and covered by the certificate referred to in Section 1.01 of this Agreement.
SINGLE BARGAINING UNIT The parties to this Agreement, along with all those employees whose employment is governed by this Agreement, constitute a single bargaining unit for the purposes of negotiating and implementing the terms of this Agreement. The form and operation of this single bargaining unit will be subject to this Agreement.
