Article 18 – Vacancies, Promotions and Transfers

Date: Wednesday, March 18, 2015 | Category: | Author:

Where the Company decides that a position is to be filled, the Company shall post such vacancy at least five (5) working days in advance of filling the position.

Notwithstanding the provisions of Article 18.1, the Company shall not be required to post vacancies for part-time positions in the following circumstances: 

  1. Where the duration of employment is for three (3) months or less, provided that such position shall be posted in accordance with Article 18.1 if its duration exceeds three (3) months; or 
  1. Where the hours of work are less than twelve (12) hours per week, provided that such position shall be posted in accordance with Article 18.1 if the hours exceed twelve (12) per week, averaged over twelve (12) consecutive weeks. The maximum average hours per week provision excludes hours of work for sick leave coverage up to 8 accumulated weeks or vacation leave coverage. 

Employees may make application for such position during the posting period. Applicants shall be considered on the basis of the criteria set forth in Article 18.3. Such applications shall be made in writing to the Senior Consultant, Human Resources or their designate. The Company shall acknowledge applications in writing, stating its decision.

Promotions and transfers within the bargaining unit shall be based on ability, skill, potential, competence and seniority; provided that where all other factors are equal, seniority shall prevail. 

An employee who is promoted or transferred from a classification within the bargaining unit to another classification within the bargaining unit shall serve a probationary period of three (3) months in the new classification. The Company shall have the option of returning the employee to their former classification during the probationary period without loss of seniority upon its own initiative or upon the request of the employee. At the conclusion of the successful probation period, the employee shall be advised in writing that their transfer has been made permanent. 

Without their consent, but subject to other provisions of this Agreement, no employee shall be transferred or re-assigned to another job classification for a period exceeding three (3) months in any twelve (12) month period and no employee shall be penalized for refusing such transfer, promotion or re-assignment. It is agreed that this provision shall have no application when the Company decides to transfer or re-assign an employee to fill a temporary vacancy or a vacancy caused by an employee going on an extended leave of absence (i.e. sick leave, maternity, paternity leave) pursuant to the provisions of this Agreement. The foregoing shall not be considered a limitation on the Company’s right to assign duties in the event that two (2) or more job functions are combined.  If the Company assigns duties that combine two (2) or more job functions, the employee will receive the highest of the two or more wage rates applicable to the combined duties. 

When an employee is promoted into a higher-rated job classification, they shall be placed on the higher salary scale at the level next highest to their previous salary.

For any jobs that are posted pursuant to this Article, it is agreed that the Company may fill such jobs temporarily in its discretion during the posting process and until the successful applicant commences employment in the position.

Where, in the Company’s opinion, there is no applicant who satisfactorily meets the qualifications for the posted position, the Company may hire from any source.