Guideline Clause Samples

Guideline.  In order to be covered by Clause 11.4(b) you must be a regular employee when you terminate your employment with an employer listed in Appendix 1. You are entitled to the benefits in 11.4(b) if you are rehired as either a regular or casual employee.

Guideline.  The Employer has the right to decide what work an employee performs, and how they are to perform it. The general rule is that an employee must comply with an order from their Employer unless it is illegal or unsafe.  If the employee does not agree with an employer's order they must work now, ▇▇▇▇▇▇ later. The employee should follow up with the ▇▇▇▇▇▇▇ after complying with the direction if they believe the order contravened the collective agreement.

Guideline. An employee is presumed to be working within the correct classification if the employee’s minimum qualifications, level of expertise, and at least fifty percent (50%) of his/her regularly assigned duties are those normally associated with his/her job class.

Guideline. The Board will make every reasonable effort as is economically feasible and in compliance with the Court order to minimize class size. The present District ratio of twenty-five (25) students to one (1) classroom teacher will be a desired objective.

Guideline. A qualifying period is different than a probationary period. • A qualifying period applies to existing employees whereas a probation period applies to new employees. • A qualifying period gives an employee time to decide if they want to return to their former position. • During the qualifying period the Employer will assess the employee’s ability to perform the duties of the new position and may decide to return the employee to their former position.

Guideline. The right to have a ▇▇▇▇▇▇▇ present is determined by the Employer's purpose for interviewing the employee. If the interview is part of an investigation it can be considered to be "for disciplinary purposes". • If while meeting with the Employer, the employee is surprised that it is a disciplinary meeting, the employee can ask that the meeting stop to allow him/her to obtain the assistance of a ▇▇▇▇▇▇▇. • If an Employer refuses to stop a meeting, the employee should contact their ▇▇▇▇▇▇▇ immediately after the meeting ends. • The ▇▇▇▇▇▇▇'▇ role in a disciplinary meeting is a topic covered in the Basic ▇▇▇▇▇▇▇'▇ course.

Guideline.  If legislation comes into effect that changes any specific provision of the collective agreement or makes an article null and void, then the parties will try to negotiate a mutually agreeable new provision to replace it.   If mutual agreement cannot be achieved, then the matter is referred to an arbitrator. Any provision in the collective agreement that is not affected by a change in legislation remains unchanged.

Guideline. The Employer has to prove that an employee's conduct was just cause for discipline. • The Employer must prove that the employee's conduct occurred "on a balance of probabilities" (i.e. when you look at all the facts, the end result points to one side more than another). This is a lower standard of proof required than in criminal cases which is "beyond a reasonable doubt".

Guideline. The ability of an employer to appoint an employee in a temporary capacity does not relieve them from the requirement of posting the position in accordance with Article 12.1.