Master Agreement Between the Government of the Province of Alberta and the Alberta Union of Provincial Employees
52.01
The Employer will provide each Employee a copy of their job description or list of duties upon commencement of employment or on request.
New Classifications
52.02
When the Employer creates a new Bargaining Unit classification, the new classification will be included within the scope of this Collective Agreement provided that:
(a)
the Parties to this Collective Agreement mutually agree that the classification is within the scope of this Collective Agreement, or
(b)
the Alberta Labour Relations Board rules that the new classification is within the scope of this Collective Agreement.
52.03
When a new classification is created in accordance with Article 52.02, for which there is no rate(s) of pay in this Collective Agreement, the Employer may establish an interim rate(s) of pay in the appropriate Subsidiary Agreement and will provide written notice to the Union of the new classification and the proposed rate(s) of pay for such classification.
If the Union disagrees with the proposed rate(s) of pay, it will provide written notice to the Employer including rationale and the Union’s proposed rate(s) of pay within fourteen (14) calendar days from the date of the Employer’s notice.
(c)
If the Parties are not able to agree to the rate(s) of pay within fourteen (14) calendar days of the Union’s notice in 52.03(b), the Union may refer the rate(s) of pay to Arbitration of the Grievance Procedure. If the Union does not refer the matter to Arbitration within the stated time or provides written agreement to the proposed rate(s) of pay, the position of the Employer shall be implemented.
(d)
If the interim rate(s) of pay is amended as a result of review or Arbitration, the amended rate(s) of pay shall be effective from the date the Employer provided notice of the new classification in accordance with 52.03(a).
(e)
It is understood that the Employer’s decision in respect to the classification title shall not be subject to Arbitration.
Classification Reviews
52.04
An Employee who believes they are improperly classified due to a substantial change in job duties and at least six (6) months have elapsed since the last review, may request a classification review by submitting their rationale for the proposed change in classification and, if applicable, any proposed changes to the job description to their manager, with a copy to Human Resources.
Within thirty (30) work days, unless otherwise agreed to between the manager and Employee, the manager will provide an approved job description along with the Employee’s rationale to Human Resources, with a copy to the Employee. Human Resources will review the request and notify the Employee and management of the results within sixty (60) work days of receipt of the approved position description, unless otherwise agreed to between the Parties.
An Employee not satisfied with the results of the Human Resources review can appeal the decision through the departmental appeal process as per the Public Service Commission directives.
An Employee not satisfied with the departmental review classification decision, may request in writing, within fifteen (15) work days, that their position classification be reviewed by the Classification Appeal Board. The Classification Appeal Board decision is final and binding on the Employer and the Employee. A classification decision shall not be subject to Article 29, the Grievance Procedure.
The classification decision will be effective from the first bi-weekly pay period following the date the original request was submitted to Human Resources in accordance with 52.04(a)
52.05
The Classification Appeal Board will be comprised of three (3) members enacted by Ministerial Order: one (1) member appointed by the Union, one (1) member appointed by the Employer, and a third member who shall act as Chairperson. The Parties shall agree to a roster of Chairpersons to be utilized for appeals.