Within the Bargaining Unit Clause Samples

Within the Bargaining Unit. Employees who are subject to displacement shall be offered vacant bargaining unit positions by the Employer, first within their work location, then on a bargaining unit wide basis within the remainder of the bargaining unit. Such placement in vacant bargaining unit positions shall be undertaken in accordance with the job selection criteria referred to in Clause(s) 14.05(a) to (d), inclusive, and employees thus placed shall be entitled to training in accordance with Clause 17.06. Eligible employees shall have the right to accept or reject any such placement by the Employer without suffering any penalty or prejudice. With respect to such placement, the Union agrees to waive the job posting requirement under Article 14.

Within the Bargaining Unit. If the Employer and the Union cannot reach agreement, either may petition the State Employment Relations Board for unit clarification or amendment of certification, whichever is appropriate.

Within the Bargaining Unit. Employees directed by the Employer to temporarily assume the duties and responsibilities of a more senior position shall be placed on the lowest increment level of the new pay grade which results in a salary increase above their previous salary.

Within the Bargaining Unit. When an employee is expected to perform temporarily the duties of a higher paid position of at least a substantial amount of those duties (50% or greater) or is assigned those duties in writing by the employee’s supervisor to fill a position paying a higher rate for more than three consecutive days, or seven days (not necessarily consecutive), within 60 days, the CUPE salary will be adjusted from the date of reassignment to the greater of: 1) the first step in the salary range of the position to which assigned; or 2) the present salary plus two increments from the range of the position to which assigned; or 3) the present salary plus two increments in their current position. The employee will be paid from the first day of the assignment the rate for the position being filled and the rate will apply for the duration of the assignment. The employee has the right to refuse to perform higher-level duties.

Within the Bargaining Unit. An employee promoted or transferred to a position within the bargaining unit shall be given a Trial Period of ninety (90) days, which may be extended for an additional thirty (30) days with agreement from the Guild. The Employer’s evaluation of the employee's progress shall be discussed with the employee at specified intervals during the Trial Period and at its end. The employee shall be given a formal performance review after sixty (60) days in the Trial Period, and be given a reasonable opportunity to correct any performance issues identified in the evaluation. At the end of the Trial Period, the employee shall be confirmed in the classification to which the employee advanced or transferred, unless the Employer determines the employee has been unable to perform the duties of the job. • If not so confirmed, the employee shall be returned to the classification from which the employee advanced or transferred, without penalty or prejudice, provided a vacancy in that classification exists. • Employees may also opt to return to the classification from which the employee advance or transferred prior to or at the completion of the Trial Period, without penalty or prejudice, provided a vacancy in that classification exists. • If the employee returns to the classification from which the employee advanced or transferred, the employee shall receive the salary the employee would have received had the employee never been advanced or transferred. • If no vacancy in the classification from which the employee advanced or transferred exists, the employee shall receive severance in accordance with the severance article of this Agreement (Article 13).