Article 8 - Vacancies and Promotion

The parties to this Collective Agreement are committed to the principles of diversity and agree to advocate for employment opportunities consistent with the representative workforce strategies of the parties.

All vacant positions, excluding positions defined under Articles 1.4.2(b), 1.4.2(c), 1.4.3 or terms of four (4) months or less, will be posted weekly on the University job posting website. Unposted terms shall not be extended beyond four (4) months without posting the position, unless otherwise agreed to by the parties. The Union will be provided access to unposted term reports.

Such posting shall contain the following information: nature of position, qualifications, shift, department/unit and wage or salary rate or range. Such qualifications shall not be established or amended in an unreasonable manner.

Vacancies in Phase 1 of all Job Families, apprenticeship positions and vacancies in the entry level Phase 2 positions identified in Article 8.4 will be posted as open positions available for public competition.

Permanent, term and recurring relief employees (see Article 1.4) have bidding rights.

Such employees may bid on posted positions by completing the application and/or submitting their resumes on the University job posting website within seven (7) days of the date the position is posted.

The Union will be provided with copies of all applicants and their seniority.

Restricted competitions will not be advertised off campus until after the expiration of the seven (7) day period. By mutual agreement, positions may be advertised externally simultaneously with internal postings, however, internal applicants will be given first consideration.

The Employer agrees to make every effort to fill positions and notify applicants as expeditiously as possible following the posting period.

Employees applying for transfer will be advised in writing of the result of their applications by the Employer, within seven (7) days after the vacancy is filled, or the competition cancelled.

Unsuccessful internal applicants shall be notified in writing and may contact the hiring manager to receive feedback on their non-selection.

Vacancies in Phase 1 of all Job Families and apprenticeship positions and vacancies in the following entry level Phase 2 positions will be filled on the basis of the skill, ability and qualifications of the applicants: Technician, Labourer, Facilities Attendant, Library Assistant, Storekeeper, and Culinary Lead. Where these factors are relatively equal, the Employer will select the most senior applicant.

All other vacancies shall be filled through appointment on the basis of greatest seniority, required qualifications and efficiency demonstrated in the applicant's current or previous position(s) with the Employer. Efficiency demonstrated shall be as documented in the employee's file. An employee shall be deemed as demonstrating satisfactory performance if there is no documentation to indicate otherwise.

If there is not a qualified internal applicant, the Employer will consider, on the same basis as outlined above, the applications of employees who are close to possessing the required qualifications before considering any external candidate. If an appointment is made of an applicant who does not possess the required qualification(s) of the position, the Employer may, as a condition of appointment, require that the applicant obtain the qualification(s) within a specific time limit.

An employee, except casual or student employees, may bid on a posted term position and will be given preference in accordance with Article 8.4. A permanent employee filling a posted term position will continue to be a permanent employee and will be entitled to all contract rights and benefits, including benefit plans. A permanent employee shall maintain reversion rights to their prior permanent position for up to six (6) months in the term position. Reversion rights may be extended by mutual agreement. Beyond that period, when the posted term position ends either automatically or prior to its stated expiration date, a permanent employee holding the position will have the protection of Article 12.1.6.

Reversion rights for employees under a formal Secondment arrangement are as per Article 8.9.

If the Employer reasonably expects the term position may become permanent, it shall be posted as "Term, possibly becoming permanent." If this phrase appears on the original posting, the Employer shall not be required to repost the position if it subsequently becomes permanent.

At the request of an employee and with the agreement of the Dean, Administrative Head or designate, arrangements may be made for on-the-job training conditional on no disruption of the performance of the duties of any positions affected. Length of service in the work unit will be one of the factors considered in scheduling the training. This may be on the Employer's time or arrangements can be made to allow access to the facilities of the workplace on the employee's time. (Written permission for this must be secured.)

8.8.1

The position to be shared is a full-time permanent position being shared equally by two (2) employees.

8.8.2

If agreement is reached between the parties that job-sharing will take place, only the vacant portion of the position to be shared will be posted.

8.8.3

All employee benefit plans will be available to the incumbents of job-sharing positions who meet the eligibility requirements. These will be pro-rated for the portion of employment with the exception of the Dental Plan and the Extended Health Care Plan. Holiday benefits will be determined at the outset of any job-sharing arrangement and must be planned in advance for ongoing job-sharing. Participants in job-sharing arrangements will not be eligible for alternate hours of work arrangements unless agreed to by the parties.

8.8.4

If a long-term absence occurs due to illness, maternity leave, or other approved leave of absence, the other employee may cover the period of absence. If this is not acceptable to the other employee, then the vacancy may be filled on a term basis.

8.8.5

If either employee wishes to return to full-time employment at a time when the other portion of the job-sharing position is not vacant, the individual must apply for and be the successful applicant for a posted position.

8.8.6

If the original incumbent vacates the position, it will be posted as a full-time position. This shall not preclude the successful applicant from requesting a job-share agreement. If the other job-sharing employee vacates the position, it may revert to full-time or may be posted for another job sharer as requested by the original incumbent. The foregoing shall not preclude the Employer from deciding that part or all of the position will not be filled.

The Dean, Administrative Head or designate may terminate the job-sharing arrangement with sixty (60) days' notice, within the first year of the job-share between any two (2) employees. In the event an employee is displaced by changes in a job-share, seniority will be a factor in determining the priority or placement in any available position in the department. Employees who are not placed will be subject to the conditions of a layoff. In this situation, the Employer is not obligated to extend special considerations such as an employee's interest in part-time work.

The above provisions apply to all job-sharing commencing after the effective date of this Collective Agreement. Job-sharing agreements in effect prior to this date will be subject to the Collective Agreement that prevailed at that time.

Definition: A temporary transfer or assignment to another area of the Institution with a guarantee of return to the employee's former position upon completion of the Secondment. Secondments may be lateral or promotional in nature and may be within CUPE 1975 or another bargaining unit or to a role that is exempt from a bargaining unit.

In an effort to support career development and advancement as well as the promotion of employment stability and minimizing disruption to the workplace, whenever possible, secondment agreements should be utilized to fill term positions.

A secondment agreement must be in writing, signed off by both unit leaders and the employee. The agreement will be for a specified period of time and the employee's permanent position will be protected for the duration of the assignment. A copy of the secondment agreement shall be provided to the Union. Secondment agreements may be for a period of three (3) to twenty-four (24) months.

Should any party wish to extend or terminate the agreement prior to its original end date, discussions shall occur between all parties. Subsequent agreement to extend or terminate must be mutually agreed upon by all parties. Early termination of the secondment agreement will include no less than fourteen (14) calendar days and no more than thirty (30) calendar days' notice to allow for the parties to prepare for any workplace implications. The provisions of Article 9.3 Assessment Period shall also apply.

Should the seconded employee be successful in acquiring an alternate permanent position during the life of the secondment agreement, the employee will notify their home department, as well as the department in which they are serving the secondment of their acceptance of a new position.

Should the seconded employee's home position become redundant during the life of the secondment agreement, the provisions of Article 12.1 shall apply.

When a vacant position in the same family and phase becomes available, an employee may make application. The criteria for selection will follow the provisions of Article 8.4.

The Employer encourages the concept of coaching. Coaching will be given in a supportive manner, normally in a one-on-one setting, unless otherwise warranted, to clarify expectations and provide guidance to assist the employee in addressing performance concerns. Coaching is intended to be used to support performance improvement and/or development and is not considered disciplinary. A reasonable timeframe will be given to the employee to correct poor performance and appropriate follow up on progress will be provided. A copy of written coaching letters will be provided to the Union. Coaching provided in writing will be removed from the employee's file after one (1) year.