Community Living Services Collective Agreement - British Columbia ...

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CSSBA and CSSEA - Community Living Services (03/2012) Page 38 (1) The dates and locations for the hearing will be determined by the parties. The hearing will take place within 45 days of filing the grievance. (2) The parties agree that the expedited process will be heard by one of three expedited arbitrators: Brian Foley, Wayne Moore or Chris Sullivan, depending on availability and if availability is similar, upon agreement of the parties. (3) If there is a dispute over disclosure of documentation the parties may contact the Arbitrator by telephone conference call and request an order for disclosure. (4) The process is intended to be informal and expeditious and therefore, the parties agree not to use outside legal counsel for expedited hearings; (5) All presentations are to be short and concise; (6) Each case will begin with a comprehensive opening statement by each side; (7) The parties will meet to develop a Joint Statement of Facts. The Joint Statement of Facts does not preclude either party from leading evidence that is disputed so long as the evidence meets the other guidelines of this protocol. (8) Prior to rendering a decision, the Arbitrator will assist the parties in mediating a resolution to the grievance; (c) Where mediation is not successful, the hearing will proceed as ordered by the Arbitrator and a decision will be rendered on the following basis: (1) The Arbitrator will render a decision within two working days of the hearing. (2) No written reasons for the decision will be provided beyond that which the Arbitrator deems appropriate to convey a decision. This process is not intended to prevent the Arbitrator from allowing the parties to agree upon a remedy. (3) The decision of the Arbitrator is without prejudice. These decisions will have no precedent and value. (4) All settlements of expedited arbitration cases prior to or during the mediated part of this expedited process will be without prejudice. (5) The parties will equally share the cost of the fees and expenses of the Arbitrator and hearing expenses. 24.10 Vacation Letters Employees who will be absent from duty on vacation for more than seven calendar days will be entitled to file a letter of preference with their supervisor indicating positions they would accept should a vacancy occur while they are absent. Such letter(s) of preference will only be valid for the duration of the vacation. 24.11 Temporary Vacancies (a) Vacancies of a temporary nature, which exceed or are expected to exceed three months will be posted as per Article 24.1 (Job Postings). (b) Casual employees may elect to maintain their 10.2% in lieu of vacation and statutory holidays for the duration of the temporary vacancy they are filling. Successful applicants who fill a temporary vacancy may apply for Article 27 (Health and Welfare Benefits) for which they are eligible, after three months in the temporary vacancy. Upon completion of the temporary work assignment, the employee's entitlement to the Health and Welfare Benefit plan will cease.
CSSBA and CSSEA - Community Living Services (03/2012) Page 39 (c) Temporary vacancies will not exceed 12 months without the agreement of the Union, or as specifically permitted in this Agreement. Where an employee is off on long-term disability benefits, a temporary posting may continue to a date of 18 months from that employee's last day worked. It is understood temporary postings of this type may exceed the 12 months without the agreement of the Union. (see Information Appendix A – Long-Term Disability). (d) Accepting a temporary vacancy does not change the status of an employee. 24.12 Interviews An applicant for a posted position with the Employer who is not on a leave of absence without pay and who has been called for an interview will suffer no loss of basic earnings to attend. Should an employee require a leave of absence from duties for the interview, their supervisor will be notified as soon as the requirement to appear for an interview is made known. 24.13 Deemed Qualified If qualifications for a position are changed, current employees are deemed to possess the necessary qualifications for the position or other like positions, provided they possess an equivalent combination of education, training and experience. 24.14 Evaluation Reports Where a formal evaluation of an employee's performance is carried out, the employee will be given sufficient opportunity after the interview to read and review the evaluation. Whenever practical, evaluation interviews will take place during the employee's regular working hours. Where the evaluation interview is held outside the employee's working hours, the employee will be paid at the appropriate rate of pay. Provision will be made on the evaluation form for an employee to sign it. The form will provide for the employee's signature in two places, one indicating that the employee has read and accepts the evaluation, and the other indicating that the employee disagrees with the evaluation. The employee will sign in only one of the places provided. No employee may initiate a grievance regarding the contents of an evaluation report unless the signature indicates disagreement with the evaluation. An employee will receive a copy of this evaluation report at the time of signing. An employee evaluation will not be changed after an employee has signed it, without the knowledge of the employee, and any such changes will be subject to the grievance procedure of this Agreement. 25.1 Purpose ARTICLE 25 - CAREER DEVELOPMENT Both parties recognize that improved client care will result if employees acquire knowledge and skills related to the services provided by the Employer. The provisions of this article are intended to assist employees in maintaining and improving skills. 25.2 Staff Development Leave (a) An employee will be granted leave without loss of pay, at her basic rate of pay, to take courses (including related examinations) or attend conferences, conventions, seminars, workshops, symposiums or similar out-of-service programs, at the request of the Employer. The amount of pay received by an employee will not exceed the full-time daily hours of work as outlined in Article 14.2 (Hours of Work). When such leave is granted, the Employer will bear the full cost, including tuition fees, entrance or registration fees, laboratory fees, and course-related books. The Employer will also reimburse the employee for approved travelling, subsistence, and other legitimate, applicable expenses.
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