Common use of Regular Complement and Appointments without Posting Clause in Contracts

Regular Complement and Appointments without Posting. (a) The regular complement shall be maintained at 36 employees. The regular complement does not include the regular employees as per 34.2(b). (b) The parties agree that the senior 13 regular employees in the bargaining unit who are on the attached Appendix #8 list shall not be subject to layoff, relocation, and/or salary adjustment. No employee, regular or auxiliary, who is not on the list is eligible for layoff protection arising from this clause. The Appendix #8 list will be phased out through attrition, commencing January 1, 2003, to zero by June 30, 2029 unless the five-year extension is achieved. It is understood that those regular employees not on the attached core group list shall retain their regular status for all other purposes of the collective agreement. (c) While operational needs may fluctuate respecting classes of equipment and services required in each geographic area, an employee who is on the Appendix #8 list shall not be subject to layoff, or permanently relocated, or red-circled, or otherwise impacted by a non-disciplinary action initiated by the Employer. However, such an employee may be reassigned duties commensurate with the operational needs of the seniority block. (d) When a new position is created, or when a regular vacancy is created through resignation, discharge, promotion, transfer, or retirement of an incumbent regular employee, the Employer shall determine whether the vacancy is to be filled, and in what location within the service area. However, once the regular complement is reduced to 36, the requirement to fill vacancies pursuant to this clause shall be reinstated. Therefore, the Employer shall maintain a minimum of 36 regular employees. Vacancies arising from the discharge of a regular complement employee shall be filled within 30 calendar days of the discharge being finalized. Where the regular position is to be filled, it shall be offered within the seniority block in the following sequence: (1) senior qualified regular employee within the classification series; (2) senior qualified auxiliary employee within the classification series; (3) senior qualified regular employee in another classification series; (4) senior qualified auxiliary employee in another classification series. (e) Vacancies arising at or above the ▇▇▇▇▇▇▇ 1 and Trade Leadhand levels shall be subject to the posting provisions contained in Clause 12.2. (f) The Employer and the Union agree that the Employer's primary source of business is the contracts it has with the Province of BC and other customers to provide road and bridge maintenance and other services. It is understood that the Province of BC and other customers may reduce or increase the obligations of the Employer under these contracts and such changes may have a measurable impact on the Employer's operations and staffing requirements. In the event the scope of work in the service area is changed as described above, the parties agree to meet to renegotiate the level of regular complement. The party seeking the change shall notify the other, in writing, of the specific change(s) and the anticipated impacts to the regular complement and bears the onus of justifying any proposed change. Discussions for any adjustments to the regular complement shall be facilitated through the Labour-Management Committee and in the event agreement cannot be reached, an arbitrator shall be selected from those listed in Clause 9.2 to make a final and binding decision. Every effort shall be made to resolve this matter within 60 days of receipt of notification as set out above. (g) In the event that the responsibility for highways road and bridge maintenance for the Coquihalla Highway is transferred by the Province of BC to a third party who is not a successor employer, the seniority block for regular employees shall be the full bargaining unit for the purposes of any resulting labour adjustments under Articles 12, 13 and any related provisions.

Regular Complement and Appointments without Posting. ‌ (a) The regular complement shall be maintained at 36 employees. The regular complement does not include the regular employees as per 34.2(b). (b) The parties agree that the senior 13 regular employees in the bargaining unit within each Contract Area who are on the attached listed under Appendix #8 list 9 shall not be subject to layoff, relocation, relocation and/or salary adjustment. No employee, regular or auxiliary, who is not on the list is eligible for layoff protection arising from this clause. The Appendix #8 list will be phased out through attrition, commencing January 1, 2003, to zero by June 30, 2029 unless the five-year extension is achieved. It is understood that those the above list for Contract Area 9 shall not exceed sixty-five (65) regular employees not on the attached core group list shall retain their regular status for all other purposes of the collective agreementemployees. (cb) While operational needs may fluctuate respecting classes of equipment and services required in each geographic area, an employee who is on the listed under Appendix #8 list 9 shall not be subject to layoff, or permanently relocated, or red-circled, or otherwise impacted by a non-disciplinary action initiated by the Employer. However, such an employee may be reassigned re-assigned duties commensurate with the operational needs of the seniority block. (dc) When a new position is created, or when a regular vacancy is created through resignation, discharge, promotion, transfer, or retirement of an incumbent regular employee, the Employer shall determine whether the vacancy is to shall be filled, and in what location within the service contract area. However, once the regular complement as of January 1, 2002 is reduced to 36, by fifty percent (50%) the requirement to fill vacancies pursuant to this clause shall be reinstated. Therefore, the Employer shall maintain a minimum of 36 regular employees. Vacancies arising from the discharge of a regular complement employee shall be filled within 30 calendar days of the discharge being finalized. Where the regular position is to be filled, it shall be offered within the seniority block in the following sequence: (1) senior qualified regular employee within the classification series; (2) senior qualified auxiliary employee within the classification series; (3) senior qualified regular employee in within another classification series; (4) senior qualified auxiliary employee in within another classification series. *The regular complement level will be set at forty (40) but the location and classification of positions to be filled will be at the discretion of the Employer. (ed) Vacancies arising at or above the ▇▇▇▇▇▇▇ 1 and Trade Leadhand levels shall be subject to the posting provisions contained in Clause 12.2. (fe) The Employer and the Union agree that the Employer's ’s primary source of business is the contracts it has with the Province of BC and other customers to provide road and bridge maintenance and other services. It is understood that the Province of BC and other customers may reduce or increase the obligations of the Employer under these contracts contacts and such changes may have a measurable impact on the Employer's ’s operations and staffing requirements. . (f) In the event the scope of work in the service contract area is changed as described above, the parties agree to meet to renegotiate the level of regular complementcomplement designation. The party parties seeking the change shall notify the other, in writing, of the specific change(s) and the anticipated impacts to the regular complement designation and bears the onus of justifying any proposed change. Discussions for any adjustments to the regular complement designations shall be facilitated through the Labour-Labour Management Committee and in the event agreement cannot be reached, an arbitrator shall be selected from those listed in Clause 9.2 to make a final and binding decision. Every effort shall be made to resolve this matter within 60 sixty (60) days of receipt of notification as set out above. (g) In the event that the responsibility for highways road and bridge maintenance for the Coquihalla Highway is transferred by the Province of BC to a third party who is not a successor employer, the seniority block for regular employees shall be the full bargaining unit for the purposes of any resulting labour adjustments under Articles 12, 13 and any related provisions.