ARTICLE 11 - JOB CLASSIFICATIONS AND DESCRIPTIONS

11.02 - No Other Duties

11.03 - Catering Department

11.04 - New Classifications

11.05 - Introduction of New Vessels

              I. Pre-Appeal

              II. Formal Appeal Process: Step 1

              III. Formal Appeal Process: Step 2 

              IV. Formal Appeal Process: Step 3

11.01 - Job Descriptions

(a) All positions shall have a job description.

 

(b) An employee shall receive a copy of his/her job description.

 

(c) Prior to any change in the job description the Union shall be provided with one month's notice of the proposed change. The Union shall have the right to challenge changes in job descriptions which are material in nature in accordance with Article 4 and Article 5.

 

(d) The Union and the employee shall receive a copy of the altered job description.

 

(e) The Employer shall ensure that the Union is provided with up-to-date information on job qualifications and selection criteria.

 

11.02 - No Other Duties

(a) No employee shall be required to perform any duties other than those required in his/her job descriptions.

 

(b) Tradespersons shall not be required to work as trades helpers.

 

11.03 - Catering Department

The Employer agrees that employees of the Catering Department shall not be required to:

1. chip, scale or paint;

2. sougee, except within accommodations;

3. enter the Engine Room for any purpose except in the case of emergencies and for familiarization and training with respect to emergencies.

 

11.04 - New Classifications

(a) The Employer agrees not to introduce a new classification within the bargaining unit without prior notification to the Union. The parties shall have 14 calendar days from the date notice was given to reach agreement on rating the new classification(s) in accordance with the Job Evaluation Plan(s). If the parties are unable to reach agreement, the Employer may implement the job rating for the new classification(s) and the Union may submit the dispute to the formal appeal process in accordance with the Job Evaluation Dispute Resolution Process.

 

(b) Any salary adjustments shall be retroactive to the date of appointment to the position.

 

11.05 - Introduction of New Vessels

The parties recognize that discussion should take place with respect to crew accommodation, vessel designation, and other matters of common interest prior to the introduction of new vessels. To this end, the parties agree to meet, pursuant to clause 2.11 of the Collective Agreement.

 

11.06 - Job Evaluation Dispute Resolution Process

(a) Disputes pertaining to Job Evaluation decisions shall be resolved through the Job Evaluation Dispute Resolution Process.

 

(b) Where the sole issue in dispute is the content accuracy of a Job Description, employees shall utilize the grievance procedure.

 

I. Pre-Appeal

(a) Where there is disagreement on the job evaluation the employee is to request in writing a rating rationale for the job. The designated excluded representative shall provide written rationale within 30 days of receipt of the employee’s request identifying the rating of the job relative to each factor in the job evaluation plan.

 

(b) The designated excluded representative shall also be available to meet with the employee to respond to questions regarding the job rating.

 

(c) Where an employee chooses to dispute the job rating after having received clarification they may invoke the formal dispute resolution process providing that the following criteria are met:

1. The appeal relates specifically to the application of the job evaluation plan factor;

2. The job that is subject to appeal is the substantive job of the employee;

3. The employee has not previously appealed the specific factor(s) in question unless there have been material changes to the job description.

 

II. Formal Appeal Process: Step 1 - Job Evaluation Appeal

(a) An appeal of a job rating is to be submitted on the Job Evaluation Appeal Notification form by the Union. The appeal shall identify:

1. The specific factors that are in dispute;

2. The reason(s) for disagreement with the rating of the factor(s) in dispute;

3. The specific outcome sought.

 

(b) Submissions that do not identify the above items shall be returned to the originator for further information.

 

(c) Upon receipt of the completed Job Evaluation Appeal Notification form, the Employer shall review the submission and determine if additional information is required. Where appropriate, an on-site review shall be arranged. The appeal may result in a higher job rating, no change to the job rating, or a lower job rating. The decision shall be communicated in writing to the Union no later than 60 days from receipt of the Job Evaluation Appeal Notification.

 

(d) Where the response of the Employer does not result in satisfactory resolution of the appeal, the Union shall have 15 days from the date noted on the written decision to advance the appeal to Step 2.

 

III. Formal Appeal Process: Step 2 - Joint Meeting - Union and Employer

(a) The parties shall meet within 15 days of the written advancement to discuss the appeal.

 

(b) The decision of the Employer shall be provided to the Union in writing within 15 days of the meeting.

 

(c) Where the response of the Employer does not result in satisfactory resolution of the appeal, the Union shall have 15 days from the date noted on the written decision to advance the appeal to Step 3.

 

IV. Formal Appeal Process: Step 3 - Appeal Adjudication

(a) Appeals that have been advanced to Step 3 shall be heard by an Appeal Adjudicator, selected in alphabetical rotation from a list agreed upon by the parties. The costs associated with the appeal hearing shall be shared equally by the Union and the Corporation. The appeal hearing is to take place within 60 days of the date of referral.

 

(b) The Appeal Adjudicator shall have the authority of an arbitrator under the Labour Relations Code.

 

(c) The Appeal Adjudicator shall deliver his/her binding written decision to the employee, Union, and Employer within 14 days of the hearing.