21. Appointments and Staff Changes
21.01
- All appointments of newly hired permanent and sessional employees shall be probationary for a period of six (6) months.
- All appointments of newly hired contractual employees shall be probationary for a period of six (6) months if employed in the same position for the six (6) month period or nine (9) working months if employed in more than one (1) position but not to exceed twelve (12) months from date of hire. This period may be extended up to the number of days the employee has been absent from the workplace during the probationary period. The Local President or designate shall be consulted prior to such extensions.
- The probationary period for contractual employees in the CUPE 1615 bargaining unit moving to a permanent or sessional position shall be six (6) months except as follows:
- When a contractual employee is appointed to a permanent or sessional position that they currently occupy for a period of six (6) months or more, the employee will not be required to serve a probationary period, but shall be confirmed on appointment.
- A contractual employee with more than twelve (12) months of service who is successful in a job competition for a permanent or sessional position in a different department or classification shall not be required to serve another probationary period but shall serve a trial period in accordance with Clause 21:07 (a).
- A contractual employee who is confirmed as permanent in accordance with Article 51.02 shall not be required to serve a probationary period.
21.02 Each employee shall be notified in writing at least two (2) weeks before expiry date of the applicable probationary period as to whether the appointment is terminated or confirmed.
21.03 Every confirmation shall be deemed to have had effect as from the date on which the initial appointment was made.
21.04 Every appointment and confirmation shall be in writing addressed to the appointee.
21.05 Both parties recognize:
- the principle of promotion within the service of the Employer; and
- that job opportunities should increase in proportion to length of service.
21.06 Subject to Clauses 19.02 and 21.09, candidates for a position will be assessed on the basis of the qualifications and capabilities required for the position and where the candidates are determined to be relatively equal, seniority shall be the
governing factor in determining promotions, filling posted job vacancies, and determining order of layoff or rehire for permanent, sessional and contractual employees.
21.07
- A successful applicant for promotion or transfer shall be placed on trial for a period of two (2) months, which period may be extended up to two (2) months by the mutual consent of the Employer and the Union. Conditional on satisfactory service, the employee shall be confirmed in the position after the trial period.
- In the event the successful applicant proves unsatisfactory in the position, or if the employee is unable to perform the duties of the new job classification, or the position proves unsatisfactory during the trial period, the employee shall return to the employee’s former position and salary level consistent with the former position without loss of seniority.
- Any other employee promoted or transferred because of the rearrangement of positions shall also be returned to their former position or found alternate employment at a salary level consistent with their former position, without loss of seniority.
- A permanent employee who is promoted or transferred to a contractual position, within the bargaining unit, shall retain their permanent status and shall revert to the employee’s former position and applicable pay rate at the end of the contractual period. If the employee’s former position has been declared redundant, upon expiry of the contractual position, the employee may exercise bumping rights to retain a permanent position.
21.08 Consideration for promotion will be given to the senior applicant who does not possess the required qualifications but is preparing for qualification prior to filling of the vacancy. Such employee will be given a trial period to qualify within a
reasonable length of time and to revert to the employee’s former position if the required qualifications are not met within such time.
21.09 An employee unable, through injury or illness, to perform the employee’s normal duties shall be provided with alternate suitable employment provided a position can be made available.
21.10 An employee who, through advancing years, is unable to perform the employee’s normal duties shall be provided with alternate suitable employment provided a position can be made available.
21.11 Within seven (7) calendar days of the date of appointment to a vacant position, the name of the successful applicant shall be sent to each applicant within the Bargaining Unit and to the local president or designate.
21.12 Upon promotion to a position carrying a higher salary scale, the rate of pay of an employee shall be established at the nearest step on the employee’s new salary scale which exceeds the existing rate by not less than five percent (5%) but not to
exceed the maximum of the employee’s new salary scale.
21.13 Upon request, an unsuccessful applicant for a position will be entitled to a meeting to discuss the reasons why the employee was unsuccessful in the job competition. This meeting shall be attended by, at least, one (1) of the Departmental interviewers involved in the decision. Every effort shall be made to convene a meeting within ten (10) working days of the receipt of the decision.
21.14 Voluntary Demotion
The rate of pay of an employee voluntarily demoted shall be established at a point on the new pay range that does not exceed the employee’s existing rate. If the employee’s existing rate falls between two steps on the new pay range, it shall be adjusted to the lower step and if the employee’s existing rate exceeds the maximum for the new pay range, it shall be reduced to the maximum for the new pay range. For this clause to apply an employee must have been actively working in the position for a period of one year or greater.
21.15 Involuntary Demotion
The rate of pay of an employee involuntarily demoted for other than disciplinary reasons or for other than incompetence or unsuitability shall be established at a point on the new scale which does not exceed the employee’s existing rate.
If the employee’s existing rate falls between two steps on the new pay range, the employee shall continue to receive their existing rate until the step progression date next following the involuntary demotion. At the step progression date next
following the involuntary demotion, the employee’s salary will be increased to a step on the new salary scale consistent with the step progression policy, with the advancement on the scale occurring from the lower of the two steps.
If the employee’s existing rate is above the maximum for the new pay range, the existing rate shall be red-circled.
21.16 Notwithstanding other provisions of Article 21, a contractual employee whose contract has expired within three months and is reappointed within the period of three months:
- where the new contract Band Level is consistent with the previous contract then the employee will be appointed to the step at which compensated at the end of the previous contract,
- shall retain any service from the previous contract towards step progression on new contract,
- where the new contract Band Level is higher than the previous contract then the employee will be appointed in accordance with Clause 21.12,
- where Clause 21.16 (c) has been applied and the employee is subsequently reappointed to a contract of lower Band Level then the employee shall not be advantaged or disadvantaged and placed on the salary scale as if the interim contract had not taken place.