Saturday, October 6, 2007

Reclassification / Classification

Written from a CUPE 15 perspective.

Previous blog: Issues - Job Classification

Remember Ron Suzuki. Programmer at Strathcona Community Centre who has been working on a Reclassification Process with 10 other programmers.

Problem - it's been 10 years and counting. That's called negotiation by attrition.

The new proposed process is streamlined and allows either side, City or CUPE, to request arbitration. Arbitration has tended to work in the unions favour. The proposed process would take between 119 and 209 days or just under 7 months.

It is, as I hoped, binding.

Dispute Resolution Process

Any difference concerning the allocation of a position to an existing Schedule "A" class or to a new or amended classification established by the Employer, or the Employer's refusal to conduct a classification review, shall be dealt with in the following manner.

1. Request for Information
  • If Union disagrees with a decision, noted above, it must contact the General Manager, Human Resource Services within 14 days of receiving the decision.
  • The General Manager, Human Resource Services has 14 days to respond.
  • If the Union disagrees with the response and wishes to pursue the matter both parties move on to Step 1.

2. Step 1
  • Involves a large group meeting of Union and Employer representatives.
  • "The focus of the meeting will be fact-finding on job duties and responsibilities."
  • The Employer will respond within 21 calendar days of the Step 1 meeting.
  • If the grievance is not resolved the Union has 21 calendar days from receiving the Employers response to refer the grievance, in writing, to Step 2.

3. Step 2

The focus of the meeting will be:
  • the application of classification principles in allocation the disputed position to either an existing Schedule "A" classification or a new classification established by the Employer.
The Employer has 21 calendar days to respond.

If the grievance is unresolved after the conclusion of Step 2, the Union may advance the grievance to Arbitration by advising the General Manager, Human Resource Services in writing with 14 calendar days of the final Step 2 response.

4. Arbitration

The Union and the Employer have 14 days to decide on an arbitrator. If they can not decide withing 14 calendar days of the referral then either side may "Apply to the Director, Collective Agreement Arbitration Bureau, within the following 90 calendar days make the appointment of the arbitrator.

If, however, after no agreement and no referral to the Director, Collective Agreement Arbitration Bureau, the grievance shall be considered dead.

If the grievance does proceed to an Arbitrator the decision shall be final and binding on both parties.

Each party will pay half the expenses of the Arbitrator and the expenses of their representatives.

Ray Cam and Britannia Schedule "A" Employment Pool will be part of the process, by the Arbitrator, when considering the proper allocation of a position in classification disputes.

2 comments:

Anonymous said...

just a thought...will management try and demote some of the 600 exempt "recently promoted" employees after the strike? It wouldn't suprise me

Anonymous said...

if they do demote those recently promoted former brothers. They should be accepted back into the union but lose their seniority.. If if if??? What could possibly make me think management would screw loyal employees in any way? What could make me think management would put these people in this awkward situation?