Bargaining Unit Defined. The bargaining unit shall comprise all employees included in the certification issued by the Labour Relations Board except those excluded by mutual agreement of the Parties or by the Labour Relations Code.
Bargaining Unit Defined.
(a) The bargaining unit shall include all employees as defined by the certification except persons in positions deemed excluded:
(1) by mutual agreement between the parties; or
(2) by virtue of a decision by the Labour Relations Board of British Columbia.
(b) The Employer shall notify the Union in writing of any proposed exclusion from the bargaining unit. Such notification shall include the organization chart for the department or program where the position is located, a copy of the job description and reason for exclusion.
(c) If no agreement is reached within 30 days of the notification either party may refer the matter to the Labour Relations Board for a final and binding determination.
Bargaining Unit Defined. (a) The bargaining unit shall comprise all employees included in the Public Service bargaining unit as defined in this Agreement except those employees in positions mutually agreed to between the Parties as managerial and (or) confidential exclusions. The Parties to this Agreement acknowledge the difficulty in establishing a service-wide policy for determining managerial and (or) confidential exclusions. The Parties further agree that cognizance shall be given to the type of organization and to the degree to which employees, at varying levels, are involved either in the formation of Government policy or in the process of employer-employee relations.
(b) The guidelines to be considered in negotiating exclusions shall be:
(1) position incumbents employed for the primary purpose of exercising senior management functions;
(2) position incumbents employed in a confidential capacity in matters relating to labour relations;
(3) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations.
(c) Incumbents of new positions established by the Employer shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement or by virtue of their being covered by another bargaining unit as specified in Section 4(a) or (b) of the Public Service Labour Relations Act.
(1) When the Employer wishes to commence negotiation for the exclusion of a position from the bargaining unit, it shall notify the Union in writing. The Employer will provide to the Union a copy of the organization chart for the immediate branch or program where the position is located, a copy of the position's job description and a copy of the job description for the position which supervises the applied for position.
(2) The Parties will then commence discussions with a view to reaching a mutually agreeable resolution to the exclusion status of the position.
(i) Such discussions shall include an interview with the incumbent and their immediate supervisor. Where the position is vacant, the supervisor shall be interviewed. These interviews may be waived by mutual agreement.
(ii) Where the position is classified at ML 6 or higher, the incumbent and their immediate supervisor may be interviewed by mutual agreement.
(3) If no agreement is reached or if no response is received from the Union within 90 days of the date of notification in (1) above, the Employer may refe...
Bargaining Unit Defined. The bargaining unit shall comprise all employees included in the bargaining unit as described in the certificate, issued by the Labour Relations Board of British Columbia, except positions excluded by mutual agreement between the parties or excluded by the Labour Relations Board of British Columbia.
(a) The question of inclusion or exclusion of a new position created by the Employer will be negotiated with the Union prior to any posting of the position. In the event the parties cannot agree, the question of inclusion or exclusion may be referred to the relevant labour relations legislation. Where the local parties fail to agree and pending a decision from the relevant body administering the labour relations legislation, the position may be filled and worked. The Employer will provide the Union with a copy of the organizational chart for the immediate branch or program where the position is located, a copy of the position’s job description and a copy of the job description for the position which supervises the position in question.
(b) If an existing position is changed, such that the union has concerns about its status, the information as described in (a) above will be supplied upon request. In the event the parties cannot agree, the question of inclusion or exclusion may be referred to the relevant labour relations legislation. Where the parties fail to agree and pending a decision from the relevant body administering the labour relations legislation, the position may be filled and worked in the jurisdiction in which the position is currently contained.
Bargaining Unit Defined a) The Employer recognizes the Canadian Union of Public Employees and its Local as the sole and exclusive collective bargaining agent for all its employees included in the Bargaining Unit as in the Certificate issued by law.
b) The bargaining unit shall comprise all employees included in the bargaining unit as described in the certificate at North Island College, issued by the Labour Relations Board of British Columbia, except positions excluded by mutual agreement between the local parties or excluded by the Labour Relations Board of British Columbia.
i) The question of inclusion or exclusion of a new position created by the Employer will be negotiated with the Union prior to any posting of the position. In the event the local parties cannot agree, the question of inclusion or exclusion may be referred to the relevant labour relations legislation. Where the local parties fail to agree and pending a decision from the relevant body administering the labour relations legislation, the position may be filled and worked.
ii) The Employer will provide the Union with a copy of the organizational chart for the immediate branch or program where the position is located, a copy of the position’s job description and a copy of the job description for the position which supervises the position in question.
iii) If an existing position is changed, such that the Union has concerns about its status, the information as described in (ii) above will be supplied upon request. In the event the local parties cannot agree, the question of inclusion or exclusion may be referred to the relevant labour relations legislation. Where the local parties fail to agree and pending a decision from the relevant body administering the labour relations legislation, the position may be filled and worked in the jurisdiction in which the position is currently contained.
Bargaining Unit Defined. The classifications included in the bargaining unit are listed in the attached Appendix A and, by reference, incorporated herein and made a part of this Agreement.
Bargaining Unit Defined.
(a) The bargaining unit shall comprise all employees included in the certification issued by the Labour Relations Board, except those excluded by mutual agreement of the parties or by the Labour Relations Board.
(b) During the life of this agreement where a dispute arises as to whether or not an individual is an employee within the bargaining unit, it shall first be discussed by the parties. If the parties fail to reach a satisfactory settlement it shall be dealt with pursuant to the relevant sections of the Labour Relations Code.
Bargaining Unit Defined. The bargaining unit shall comprise those team members identified as included team members in Appendix 1. Such determination shall be in accordance with Section 1 of the Labour Relations Code of British Columbia. The parties further agree that cognizance shall be given to the type of organization and to the degree to which team members, at varying levels, are involved either in supervision or in the process of company team member relations. The guidelines for determining exclusions shall be:
(a) position incumbents employed to exercise the functions and who do exercise the functions of a manager in the direction or control of team members, or
(b) position incumbents employed in a confidential planning or advisory position in the development of management policy for the Company, or
(c) position incumbents employed in a confidential capacity in matters relating to labour relations or personnel, or
(d) a sufficient number of position incumbents to represent management in matters relating to labour relations taking into account both operational and geographical considerations. Incumbents of new positions established by the Company shall automatically be included in the bargaining unit unless specifically excluded by mutual agreement. Requests for exclusion will be in writing.
Bargaining Unit Defined. The Bargaining Unit shall consist of all Employees covered by the Certificate of Bargaining issued by the Labour Relations Board except those persons employed in a managerial or confidential capacity. The Parties recognize that referral to the legislated authority is the ultimate step to resolve a dispute and that the Parties will make every attempt to freely and fully negotiate the matter of exclusions and to resolve the issues as expeditiously as possible. Where the Employer seeks to exclude a position, representation shall be made to the Union in writing. Where agreement is not reached within fourteen (14) days of receipt of initial representation, the matter shall be submitted to the legislated authority for adjudication. The Employer shall make every attempt to provide time prior to making an appointment for the process outlined above to be completed. Where it becomes necessary to fill a new position in dispute the incumbent will not be considered in the unit until determination is made by the legislated authority. Established or upgraded positions in the Bargaining Unit shall not be excluded except by mutual agreement or a decision of the legislated authority.*1
Bargaining Unit Defined. The bargaining unit is as in the Certification issued by the Labour Relations Board of British Columbia on December 17, 1974, as amended on March 31, 1983 and on November 18, 1986.
