Posts Tagged ‘can you tell me’
Can You Tell Me: How Seniority Plays a Role in Vacancy Selections
Saturday, February 3rd, 2024
Seniority and Vacancy Selections
Seniority may play a significant role in vacancy selections, as outlined in the collective agreements of both the University of Manitoba (UM) and the University of Winnipeg (UW). Specifically, Article 6.3 of these agreements mandates that employees with greater seniority be given preference in filling vacancies, provided their qualifications are “relatively equal” to those of less senior candidates.
The term “relatively equal” refers to the need for qualifications to be sufficiently comparable, rather than identical. For instance, if a position requires an undergraduate degree and two years of experience, a senior employee with a comparable combination of education and experience should be given preference. The core consideration is that the qualifications must be demonstrably relevant to the role in question.
In situations where a junior employee holds higher qualifications, but these qualifications are not directly applicable to the position, the senior employee’s qualifications—more aligned with the role’s requirements—should take precedence. However, seniority preference does not imply that a senior employee will be automatically overlooked if a junior employee holds qualifications that are more directly suited to the position due to prior experience in a similar role. Ultimately, the priority remains on the relevance of an applicant’s qualifications to the specific requirements of the position.
The collective agreements mandate transparency in the selection process. If a junior applicant is selected over a more senior candidate, the employer might expect a request to provide a rationale for the decision, as outlined in Article 6.3.1 at the UM and Article 6.6 at the UW. Senior applicants have the right to discuss these reasons with the relevant administrator, and the union may request access to this information through Human Resources.
Should a grievance arise regarding the selection, the appointment is deemed temporary until the grievance is resolved. If the grievance results in a reversal of the decision, the employee initially appointed will return to their prior position or a comparable vacancy, as per Article 6.3.4 at UM or Article 6.6.1 at UW.
If concerns arise regarding the application of seniority or qualifications, AESES can provide support and clarification. A good first step would be to start by asking the hiring manager for the rationale and, if insufficient, follow up with the AESES Labour Team at LabourTeam@aeses.ca. Phone calls can also be directed to the Business Office at 204-949-5200.
Can You Tell Me? Can Work Hours Be Modified?
Sunday, December 10th, 2023
Modified Work Hours
The concept of a 4-day workweek or having every second Monday off is an appealing idea for many. From time to time, an AESES employee may need or want to adjust their hours of work temporarily or permanently. There is language in the AESES Collective Agreements that allows members to request a modified work schedule.
Members at both UM and UW can request a modified work schedule. It is important to note that while the language in both the AESES-UM and AESES-UW Collective Agreements allows employees to make such a request, approval is not guaranteed. The employer must consider the feasibility of the request by examining particulars such as the type of work the employee does, the Department’s hours of operation, staffing levels and current workloads. If the request is approved on a temporary or permanent basis, it is also important to note that the employer can still amend or cancel the arrangement if they deem it necessary.
As covered in Article 11.2 of the AESES-UW Collective Agreement, UW members can submit a request for a modified work week in writing to their supervisor. When making the request, you should be aware that a modified work week may include but is not limited to, flextime, banked time, or a compressed work week. The employer will consider the request and provide a written response in a reasonable period. If approval is granted by the Employer for a modified work week, the terms and conditions of the modified work week are confirmed in a Letter of Understanding (LOU).
The process is similar for UM members, as outlined in Articles 11.1 and 12.8 of the AESES-UM Collective Agreement. When a recurring exchange of work for time off exceeds one pay period, it is considered a modified work schedule. UM members can submit a request for a modified work schedule to their supervisor. If granted after due consideration by the employer, the terms and conditions of the modified work schedule shall be confirmed by a LOU signed by the Department, Human Resources, the employee(s), and the Association.
If you need assistance with a modified work schedule request, contact us at LabourTeam@aeses.ca.
For info on short-term or one-time schedule change requests, referred to as the Banking of Regular Time, see the Can You Tell Me article in the August 2024 insideAESES newsletter.