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Article 36 - Job Evaluation

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36.01

During the term of this Agreement, if a new or revised Job Evaluation System is implemented by the Employer, the Employer shall before applying the new or revised Job Evaluation System, negotiate with the Union the rates of pay and the rules affecting the pay of employees for the evaluations affected.   If the parties fail to reach agreement within sixty (60) days from the date on which the Employer submits the new or revised standard to the Union, the Employer may apply the new rates of pay and the Union may refer the matter to arbitration.  The arbitrator's decision will be retroactive to the date of application of the new rates.

36.02During the term of this Collective Agreement the Hay Job Evaluation Guide Charts, in conjunction with benchmark positions as set out in the Job Evaluation Manual, will be used for assessing the value of positions to which employees are assigned. Upon request, an employee shall be provided with access to a copy of the job evaluation manual including guide charts.
36.03(1)Where an employee believes that his/her position has been improperly evaluated and prior to filing an appeal under Clause 36.04, the employee is encouraged to discuss the evaluation of his/her position with his/her supervisor or a representative of management who is knowledgeable in the job evaluation system.
 (2)Upon request the employee shall be provided a copy of the job description for his/her position together with the point rating and the rationale supporting the point rating assigned.
36.04(1)(a)

Employees shall file job evaluation appeals directly with their Deputy Head.  At the same time as filing the appeal, the employee may provide any written documentation demonstrating that the employee:

    (i)

was substantially performing new or changed duties of a higher position, and

    (ii)

raised these concerns with the Employer.

    The employee may appeal their job evaluation without submitting written documentation referenced in (i) and (ii).

The Deputy Head shall refer the appeal to a Job Evaluation Appeal Board.
  (b)The Job Evaluation Appeal Board shall consist of two representatives of the Employer and two representatives of the Union.  All members of the Job Evaluation Appeal Board must be trained on the use of the Job Evaluation System.
  (c)The Job Evaluation Appeal Board may sit in Yellowknife or at some other place in the Northwest Territories that may seem appropriate to the Board under the circumstances. The Board shall give the employee and/or the employee's representative an opportunity to be heard and to explain the reason(s) for the appeal.
  (d)The Job Evaluation Appeal Board may by a unanimous decision, either determine that the employee’s evaluation is proper or determine that the employee has been improperly evaluated in his/her position and determine the proper evaluation for the position.
  (e)The unanimous decision of the board is binding on the Employer, the Union and the employee until such time as that employee has been promoted, transferred, or the job description is changed by the Employer and has been re-evaluated.
 (2)(a)Should the Job Evaluation Appeal Board be unable to reach a unanimous decision, the employee may withdraw the appeal or request that the Deputy Head refer the appeal to a Job Evaluation Review Board.
  (b)The Job Evaluation Review Board shall consist of a representative of the Employer, a representative of the Union and an independent chairperson.  All members of the Job Evaluation Review Board must be trained on the use of the Job Evaluation System.
  (c)The Chairperson of the Job Evaluation Review Board shall be chosen by the Employer and the Union, where they fail to agree on the appointment of a Chairperson, the appointment shall be made by the Supreme Court of the Northwest Territories upon the request of either party.
  (d)The Job Evaluation Review Board may sit in Yellowknife or at some other place in the Northwest Territories that might seem appropriate to the Board under the circumstances. The Board shall give the employee and/or the employee's representative an opportunity to be heard and to explain the reason(s) for the appeal.
  (e)The Job Evaluation Review Board may, by a majority decision, either determine that the employee’s evaluation is proper or the Board may, determine that the employee has been improperly evaluated in his/her position and determine the proper evaluation for the position.
  (f)The majority decision of the Board is binding on the Employer, the Union and the employee until such time as that employee has been promoted, transferred, or the job description is changed by the Employer and has been re-evaluated.
36.05An employee may withdraw his/her appeal at any time during the process described in this Article.