LETTER OF UNDERSTANDING
FILLING POSITIONS OUTSIDE OF MANITOBA NOT COVERED BY THE COLLECTIVE AGREEMENT
Where the Company determines that a position located outside of Manitoba which is not covered by this Collective Agreement can be performed from Manitoba and where an employee of the bargaining unit applies to the position and the Company selects the employee as the successful candidate, the following shall apply:
The employee shall remain covered by the Collective Agreement except as outlined in this Letter of Understanding provided they continue to normally reside in Manitoba. Should the employee cease to occupy the position for any reason, the decision as to whether such vacant position should be filled will be at the sole discretion of the Company and the Company maintains sole and exclusive control over all aspects of the staffing of the position. For clarity, although the bargaining unit employee who occupies such position remains in the bargaining unit and covered by the Collective Agreement while occupying the position, the position will not be considered to fall within the scope of the bargaining unit except for the period that it is filled by the bargaining unit employee.
Similarly, should the position be filled by an employee normally residing outside of Manitoba, the position and employee shall not fall within the scope of the bargaining unit or of TEAM’s jurisdiction or be covered by the Collective Agreement.
The Parties agree that the following Collective Agreement provisions do not apply to the staffing of these positions: Article 5 – Grievances, Article 6 – Arbitration, Article 8 – Posting, Promotions, Lateral Transfers and Demotions and Article 9 – Acting Appointments.
The parties jointly acknowledge and agree that this Letter of Understanding is done with the express understanding that the purpose is to neither expand nor contract the intentional scope of the original certification order.
The parties further acknowledge that nothing in this Letter of Understanding abrogates or derogates the individual rights held by TEAM members pursuant to the Canadian Human Rights Act and its remedial provisions.
TEAM is an affiliate of the International Federation of Professional and Technical Engineers (IFPTE), AFL-CIO & CLC. Established on July 1, 1918, the IFPTE is a diverse labour union advocating on behalf of more than 80,000 women and men in professional, technical, administrative and associated occupations in Canada and the United States.