THIS AGREEMENT made and entered into as of t h e d n d day of
Between:
MALASPINA University - College
(hereinafter called "the Employer")
PARTY OF THE FIRST PART
AND:
CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL NO. 1858
PARTY OF THE SECOND PART
WHEREAS:
A.
The parties have entered into a joint gender-neutral job evaluation plan to
evaluate the jobs, responsibilities and functions of support staff positions.
B.
The parties are desirous of entering into an agreement to ensure that the joint
gender-neutral job evaluation plan remains current and operational
(hereinafter know as the "Joint Gender-Neutral Job Evaluation Maintenance
Agreement").
NOW THEREFORE it is hereby agreed between the parties as follows:
1.
DEFINITIONS
In this Joint Gender-Neutral Job Evaluation Maintenance Agreement,
unless the context otlienvise requires:
POSITION - means the current duties and responsibilities assigned by
management requiring the employment of one or more persons.
NEW POSITION: A position which is added to the workforce that is
sufficiently different from work currently being performed in the
workplace that it cannot be assigned to an existing job, in the view of the
Administrative Supervisor and the Director of Human Resources. New
positions require approval by Malaspina University-College's Executive
to proceed to job evaluation as a new job description. Approved new
positions will be posted. Temporary positions will be rated only when the
duration of the position is at least five (5) months. Casual positions will
not be subject to the job evaluation process.
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CREATION OF INITIAL POSITION QUESTIONNAIRE - Initial
questionnaire to be completed for rating of new positions.
PRIMARY REVIEW QUESTIONNAIRE - is a description of the scope
of duties and responsibilities of a position, prepared by an incumbent
and/or a supervisor.
EVALUATION - means the process of assigning degree levels of factors
as they apply to the job content to determine the relationship of jobs
within the college.
RE-EVALUATION and RE-CLASSIFICATION - means to consider an
existing position using the job evaluation process when a significant
change in duties or responsibilities occurs which may alter the ratings in
relation to the factors.
JOINT GENDER-NEUTRAL JOB EVALUATION COMMITTEE
(hereinafter referred to as the Committee) - Refers to a committee
composed of four representatives appointed by the employer and four
representatives appointed by the union to maintain the job evaluation plan.
JOINT GENDER-NEUTRAL JOB RATING TEAM (hereinafter referred
to as the Rating Team) - refers to a team composed of any two of the four
Committee representatives appointed by the Employer and two of the four
Committee representatives appointed by the Union.
THE JOINT GENDER-NEUTRAL JOB RATING APPEAL TEAM,
(hereinafter referred to as the Appeal Team), refers to a team comprised of
the initial rating team plus one additional Committee representative from
both Union and the Employer.
RED CIRCLE RATE - refers to a rate being paid to an incumbent in
excess of the valuated pay grade.
GREEN CIRCLE RATE - refers to an existing wage rate that is lower
than the pay grade assigned as a result of implementation of the plan.
SOLE ARBITRATOR - refers to an arbitrator appointed under Clause 8.4
of this agreement.
PURPOSE
2.1
To carry out a Joint Gender-Neutral Job Evaluation Program in
accordance with the general objectives and principles set out in this
agreement pertaining to a Joint Gender-Neutral Job Evaluation Program
between CUPE Local 1858 and Malaspina University-College.
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2.2
To implement a single gender neutral job evaluation plan to achieve Equal
Pay for Work of Equal Value for all jobs within the CUPE Local 1858
which will include these four main factors:
i.
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11.
...
in.
iv.
skill
effort
responsibility
working conditions
The factors and subfactors must have an impact on all jobs being rated.
2.3
Job ratings serve to:
a) group jobs having relatively equivalent point values ( this is
commonly referred to as banding);
b) provide the basis upon which wage rate relationships between
jobs are established;
c) measure changes in job content;
d) assign jobs to the proper pay grade in the salary schedule.
2.4
In the application of the Job Evaluation Plan, the following general rules shall
apply:
a) IT IN THE CONTENT OF THE JOB, NOT THE PERFORMANCE OF
THE INCUMBENT, THAT IS BEING RATED;
b) Jobs are evaluated without regard to existing wage rates;
c) Job are placed at the appropriate degree level in each subfactor by
comparing the specific requirements of the jobs to the subfactor definition,
and .the description of each degree level;
d) The job analysis and rating of each job shall be relative to and consistent
with the job questionnaires and ratings of all other jobs rated under the
plan;
e) No interpolation of subfactor degrees (i.e. mid-points) is permitted.
f)
Possible Outcomes of Job Evaluation:
i.Re-evaluation-where the JJE indicates a significant change in
the skill, effort, responsibility or working conditions of an
existing job which may or may not affect its total point value or
position level, the iiicumbent (s) remain in the re-evaluated
position provided they have the necessary skills and
qualifications to perform the core job duties.
ii .Re-classification- where the JJE indicates a significant
change in the core job duties and functions which warrant it to
be moved from the current job description to another existing
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job description which is substantively the same or very similar.
Such a change will result in the previous job being placed at
the reclassified job pay grade and job title. The incumbent(s)
remain in the reclassified position provided they have the
necessary skills and qualifications to perform the core job
duties.
g) Red circle.
When, as a result of the implementation or maintenance of the
joint job evaluation plan, a position is evaluated lower than the
current rate, the incumbent shall maintain the current rate as a
red-circled rate for as long as the incumbent holds the position.
Employees will be eligible for salary increments within the
assigned pay grade.
..
11.
The evaluated rate shall become effective as soon as the
incumbent leaves the position.
h) Green circle - during the implementation of the plan, when a position is
green circled, the existing pay grade shall be maintained until a date
mutually agreed to by the parties.
i) Copies of the plan and related documents will be available to supervisors
and CUPE members from the Human Resources Office.
1.
3.
JOINT GENDER-NEUTRAL JOB EVALUATION COMMITTEE
The Committee will be responsible for the administration of this Joint GenderNeutral Job Evaluation Maintenance Agreement. This includes any
correspondence between the parties that refers to Job Evaluation. The Rating
Team shall be responsible for the evaluation of positions using the agreed to
factors and factor degree levels, totally the assigned degree level points to
each position, applying the points total to the appropriate point salary
category. The unanimous decision of the Rating Team shall be final and
binding, subject only to the appeal procedure contained in Article 7.
3.1
The Committee shall have equal representation and participation from the
parties, consisting of four (4) representatives from the Employer and four (4)
representatives from the Union. There may be other trained Committee
members on standby for relief.
3.2
The Rating Team shall have equal representation and participation from the
parties, consisting of two (2) of the Committee representatives from the
Employer and two (2) of the Committee representatives from the Union.
3.3
Committee members shall be granted leave of absence with pay when
attending meetings of the Committee, Rating Team or Appeal Team. It is the
employee's responsibility to inform the immediate supervisor, in advance, of
meetings.
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3.4
Routine business decisions of the Committee shall be made by a simple
majority of the full committee. Job rating decisions shall require a unanimous
decision of the full Rating Team, the Appeal Team, or the Committee, where
necessary, and shall be final and binding on the parties, subject only to the
appeal procedure contained in Article 7.
3.5
Either or both parties to the agreement may engage advisors for training
purposes only to assist representatives on the Committee. Any such advisor
shall be entitled to participate in discussions but not to vote and shall not be
considered to be a member of the Committee.
4.
COMMITTEE MANDATE
The Committee shall implement and maintain the Joint Gender-Neutral Job
Evaluation Program by:
a) Evaluating all the CUPE Jobs using the Job Gender-Neutral Evaluation
Plan.
b) Maintaining the program.
c) Recommending changes to the Job Evaluation Plan, its procedures or
methods, as may be deemed necessary from time to time, to the parties.
d) Make reconimendations to the parties on matters related to the collective
agreement which impact the effectiveness of this plan.
5.
JOB ANALYSIS PROCEDURES AND RATINGS FOR NEW AND/OR
CHANGED POSITIONS
5.1
NEW POSITIONS
Whenever the Employer decides to establish a new position, (refer to
definitions), .the following procedures shall apply:
a) Step 1
A CUPE JJE Request Form and a Creation of Initial Position
Questionnaire form shall be completed by the supervisor and submitted to
Human Resources.
b) Step 2
Six months to a year after the creation of the Initial Position
Questionnaire, a Primary Review Questionnaire will be completed by the
Supervisor and given to the Comniittee via Human Resources.
c) Step 3
The job shall now be rated by the Rating Team, based on the agreed-upon
questionnaire, in accordance with the Job Evaluation Plan. The Rating
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Team shall use information obtained from the completed questionnaire,
interviews with the supervisor(s) and, if required, visits to the job site.
b) Step 4
When the Rating Team has completed the rating of the job, it will advise
Human Resources and provide the CUPE JJE Internal Rating Sheet.
5.2
CHANGED POSITIONS
Whenever the Employer changes the duties and responsibilities of a job or the
incumbent(s)/Union feel that the duties and responsibilities of a job have been
changed, or that the job description does not reflect the duties and
responsibilities of the job, the following procedures shall be followed:
a) Step 1
The incumbents(s), Union, the Supervisor, the Employer or the Committee
may request a job evaluation review by ensuring the incumbent completes
and the supervisor comments, signs, and submits an Job Evaluation
Request form and a con~pletedPosition Questionnaire. The form, signed
by the Supervisor, should be attached to the completed questionnaire
requesting evaluation and forwarded to the Human Resources (normally
within 10 working days). Human Resources will complete an Assessment
of Change Questionnaire based on information from the supervisor and
employee. The Eva.luation Request will be forwarded to the Committee at
that point.
b) Step 2
The Rating Team shall rate each subfactor of the job and establish a new
rating for the job through interviews with the incumbent(s) and
supervisor(s). The Rating Team may visit the job site when deemed
necessary.
c) Step 3
When the Rating Team has completed the rating of the position, Human
Resources will advise the supervisor of the decision and provide the
supervisor and incumbent with the point details of the ratings.
5.3
PAY GRADE ASSIGNMENT
a) The rating of the job shall determine the pay grade for the job;
b) If the job is rated at a pay grade higher than the existing pay grade, the
incumbent's new salary shall be determined by application of Article
28.04 of the Collective Agreement.
c) RETROACTIVITY
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Retroactivity shall be back-dated to the date the duly signed form was
received by the Human Resources Office. Retroactivity will not normally
exceed 90 calendar days. However, in exceptional circumstances, the
Committee may recommend a longer period of retroactivity to the
Executive of the University-College.
6.
REGULAR REVIEW AND MAINTENANCE
a) It is important that the Committee maintain accurate job questionnaires
and job ratings on an ongoing basis. Failure to do so will serve to damage
the integrity of the program. It is the intention of the parties to review jobs
upon request and to conduct an ongoing review of all positions in
accordance with a cycle of not more than five years as agreed to by the
Committee. The Committee will publish a schedule for review of all
regular positions and will distribute to those departments involved. The
regular review cycle shall commence following the finalization of all
reconsidera.tions and problems that might arise with the initialization of
this job evaluation prograni.
b) Requested Review
The supervisor(s) and incumbent(s) will submit to Human Resources a
CUPE JJE Position Evaluation Request Form and will include an updated
Position Questionnaire Form. This will initiate an Assessment of Change
form to be completed by Human Resources. The department(s) will be
advised in return if the changes justify going to the Committee. If so, the
Committee will review the Assessment of Change form and determine if
the position has significantly changed. If there are no significant changes,
the existing rating will be maintained. If the Committee determines that
there may be significant changes in the position, the Rating Team will reevaluate the position following the steps outlined in 5.2.
7.
APPEALS
Either the incumbent(s) or the supervisor(s) may appeal a rating decision by
completing and submitting a Job Evaluation Request Form to the Human
Resources Office stating the specific factors involved in the appeal and
reason(s) for disagreeing with the rating of the job. Any such request shall be
submitted within twenty (20) working days of receiving notice of the rating
from Human Resources. The incumbent(s) and the supervisor shall be
required to make a joint presentation to an Appeal Team composed the same
representatives who did the initial rating plus one additional committee
representative from both union and management. This Appeal Team will
make a decision which shall be considered final and binding upon the parties
and all employees affected. Human Resources shall inform the supervisor of
the decision. A copy of the Appeal Rating Form will be distributed by Human
Resources.
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SETTLEMENT OF DISAGREEMENTS
If the Rating Team or Appeal Teani is unable to reach a unanimous decision
on a job rating within ten (1 0) working days, the rating shall be referred to the
Committee for a decision.
In the event the Committee is unable to reach agreement on a specific job
rating or any other matter relating to the interpretation, application or
administration of the Joint Job Evaluation Program within ten (10) working
days, each party will designate an advisor to meet with the Committee. The
two (2) advisors shall meet with the Committee and assist them in attempting
to reach a decision.
If, after meeting with the two (2) advisors appointed pursuant to Article 8.2,
the Committee remains unable to agree upon the matter in dispute, either party
may, by written notice to the other party, refer the dispute to a sole Arbitrator
who shall be selected by agreement of the parties. If the parties are unable to
agree on the selection of an arbitrator, either party may request the Minister of
Labour to appoint an Arbitrator.
The Arbitrator shall decide the matter upon which the Committee has been
unable to agree and hislher decision shall be final and binding on the
Committee, the Employer, the Union and all affected employees. The
Arbitrator shall be bound by these Terms of Reference and the Job Evaluation
Plan and shall not have the power to modify or amend any of their provisions.
The jurisdiction of the Arbitrator shall be limited to the matter in dispute, as
submitted by the parties.
The Employer and the Union shall be the parties to the Arbitration Hearing
and shall have the right to present evidence and argument concerning the
matter in dispute. The Arbitrator shall have the powers of an Arbitrator
appointed pursuant to the Collective Agreement and, in addition, shall have
the authority to require the parties to present additional information and to
require other person(s) to present evidence, as deemed necessary by the
Arbitrator.
The Arbitrator's fees and expenses shall be borne equally between the parties.
The time limits contailled in this article may be extended by mutual agreement
of the parties.
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9.
JOB TITLES
It is the responsibility of the Rating Team to assign titles to the position rated
where deemed necessary. Any disagreement will be referred to the
committee.
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