ARTICLE 13 - TECHNOLOGICAL CHANGE

13.01 - Notice      13.02 - Filling New Positions      13.03 - Retraining** 

13.04 - Failure to Meet Job Requirements

ARTICLE 14 - CONTRACTING OUT**

13.01 - Notice

(a) Three months before the introduction of any technological change, the Employer shall notify the Union of the proposed change.

 

(b) The Employer shall provide, as soon as available, the following information:

1. nature of the change(s);

2. the date the change(s) shall take place;

3. approximate number, type and location of employees likely to be affected by the change(s);

4. any other pertinent data relating to the change(s).

 

(c) At the request of either party a meeting shall be held under clause 2.11 to exchange information with respect to workplace technology. 

 

13.02 - Filling New Positions

(a) Employees who are affected by the technological change(s) shall be given the first opportunity to fill any new positions created as a result of the change(s).

 

(b) Any employee who is displaced from his/her job by the technological change(s) shall be given the first opportunity to fill other vacancies, subject to his/her ability to meet the requirements of the job.

 

13.03 - Retraining**

Regular employees who are assigned by the Employer to work with new technology shall receive a reasonable period of training and familiarization. Employees involved in training and familiarization under this clause shall receive their basic pay for the period of training and familiarization. Where the employee cannot meet the job requirements upon completion of the training and familiarization period, the employee shall be offered the options under clause 13.04.

 

13.04 - Failure to Meet Job Requirements

Where an employee fails to meet the job requirements upon completion of the training and familiarization period, the following options shall be available:

1. Assignment to a vacancy for which the employee has the ability to meet the requirements of the job. The Employer shall endeavour to utilize the normal turnover of employees in its operation during the period in which technological

change is being implemented.

2. Elect to bump or receive severance pay in accordance with Article 12.

3. Elect early retirement if s/he qualifies.

 

ARTICLE 14 - CONTRACTING OUT**

(a) The Employer agrees not to contract out any work presently performed by employees covered by this Agreement which would result in the laying off of such employees.

 

(b) Prior to any work, which is presently performed by employees covered by this Agreement, being contracted out, the Employer shall determine whether the work can be done by the British Columbia Ferry Corporation based on:

1. its operational needs;

2. the capability of its workforce;

3. whether the work can be done in a cost-effective and competitive manner, including the availability of resources.

 

(c) Where the Employer currently contracts out, prior to the expiry of such contract(s), the Employer shall review such contract(s) to determine whether the work will continue to be done and, if so, whether it can be done by employees covered by this Agreement in accordance with (b) above.

 

(d) The Employer shall provide the Union with a written list of the contracts in effect, or out for tender, at each point of assembly, at least fourteen (14) calendar days prior to each Local Union/Management Committee meeting. The parties shall discuss any contract in the applicable Local Committee, at the Unionís request, including the Employerís rationale

under subsections (b) and (c) above. Contracts that apply to more than one point of assembly shall be discussed in the Senior Union/Management committee, at the Unionís request.

 

(e) Where the Employer decides to contract out work, all such contracting out shall be to union employers, provided the service required is available from union employers.

 

(f) Notwithstanding the above, the Employer may contract out work in emergencies.