ARTICLE 9 - ACTING APPOINTMENTS
For the purposes of this Article,
“Acting Appointments” shall mean the temporary assignment of employees to any Existing Vacancy, Temporary Vacancy or Permanent Vacancy.
“Existing Vacancy” shall mean a vacancy in an existing position caused by the departure of the incumbent from the position on a basis that is expected not to be permanent, including for reasons such as Acting Appointment, sick leave, vacation relief, workers compensation or leave of absence.
"Permanent Vacancy" shall mean a vacancy in an existing position caused by the departure of the incumbent from the position on a basis that is expected to be permanent, including for reasons such as resignation, retirement, or obtaining another permanent position within the Company.
“Temporary Vacancy” shall mean a newly created position of a non-permanent nature for reasons such as a special project or assignment.
The Company and the Union acknowledge that newly created positions which are permanent in nature cannot be filled using Acting Appointments. However, such vacancies may be filled by interim appointment, not to exceed ninety calendar days without agreement between the parties, prior to and during the Article 8 posting process for the position. Without prior agreement between the parties, the Company shall post the newly created position within ten business days of the start of the interim assignment to the newly created position. The Company will provide TEAM bi-weekly reporting of interim appointments.
The decision as to whether an Existing, Temporary or Permanent vacancy should be filled will be at the discretion of the Company.
The Company shall have up to nine months to decide whether to fill a Permanent Vacancy. During this nine month review period, the Company may fill the position by way of Acting Appointment. At or before the end of the review period, the Company shall either: (a) advise TEAM that the Permanent Vacancy will not be filled permanently; or, if the Company advises TEAM that the Permanent Vacancy will be filled on an permanent basis, either: (b) laterally transfer a TEAM member into the Permanent Vacancy in accordance with Article 8.02 within an additional three months less a day of the expiry of the nine month review period; or (c) post the Permanent Vacancy in accordance with Article 8.05 within ten business days after the expiry of the nine month review period. If the Permanent Vacancy is posted, the Acting Appointment caused by the Permanent Vacancy may continue for a period of time not exceeding 12 months less a day from the date that it commenced, or a longer period of time agreed between the parties. If the Permanent Vacancy is not being filled permanently, or is being filled by lateral transfer, the Acting Appointment may continue to a maximum of 12 months less a day from the date that it commenced.
If an Existing Vacancy filled by an Acting Appointment becomes a Permanent Vacancy, the commencement date of the Acting Appointment does not change and no later than 12 months less a day from the commencement of the Acting Appointment, the Company shall rotate another qualified employee into the Acting Appointment (should there be no qualified employees willing to accept a rotation, the existing Acting Appointment may remain in place) or discontinue the Acting Appointment. An Acting Appointment Rotation Request is not required for rotation into an Acting Appointment caused by a Permanent Vacancy.
Notwithstanding Article 8.07, vacancies resulting from operational reasons such as sick leave, vacation relief, Workers Compensation, LOA, special project, etc., may be filled temporarily by promotion.
The Company will provide an electronic bi-weekly report to TEAM listing all Acting Appointments, along with the relevant information including the name of the employee, employee status and position.
The Company is responsible for all transfer transportation expenses, including board and lodging as per Corporate Policy 202.11, for Temporary Appointments.
Where there is a reasonable expectation that an Acting Appointment assigned as a result of an Existing Vacancy or a Temporary Vacancy will be for a duration of 12 months or longer, it will be posted on a Company wide basis pursuant to the job posting process as set out in this Agreement. The position may be filled by appointment on an interim basis until the posting process is complete.
Where an Acting Appointment assigned as a result of an Existing Vacancy or a Temporary Vacancy which was not posted at the commencement of the assignment extends beyond 12 months, the Company shall rotate qualified employees through the assignment every 12 months in order to give a greater number of employees developmental opportunities for Acting Appointments except in the case of project related assignments or where the parties agree to an extension. An employee interested in being considered for a rotation into one of these Acting Appointments shall submit his/her request electronically via an Acting Appointment Rotation Request form and shall attach a current resume. A copy of such request shall be sent to Human Resources and the immediate Manager. All requests will be acknowledged. Should there be no requests for rotation on file from a qualified candidate the existing Acting Appointment shall remain in place.
Temporary Vacancies shall not exceed 24 months except by mutual agreement between the parties. The Company agrees to advise the Union in writing, if an extension is necessary and provide reasons for the extension.
Pay Treatment - Acting Appointments
An employee in an Acting Appointment shall receive the following pay treatment:
Employees in TEAM’s Jurisdiction
When an employee in TEAM’s jurisdiction is placed in an Acting Appointment in a position in a higher salary group, that employee shall receive the salary in the new salary group which represents a minimum increase of at least four percent (4%) over the salary which he/she received prior to the appointment.
If the employee is at the maximum of his/her present salary group prior to the appointment, a new increment date shall be established from the date the acting appointment commenced.
If the employee is on progression in his/her current salary group, he/she shall maintain his/her current increment date.
Employees Outside TEAM’s Jurisdiction
An employee from outside TEAM’s jurisdiction placed in an Acting Appointment shall receive the salary in the new salary group which represents a minimum increase of at least four percent (4%) over their hourly wage in their previous jurisdiction and shall commence working the hours of work in TEAM’s jurisdiction.
A new increment date for the Management position shall be established from the date the acting appointment commenced.
Under no circumstances shall an employee receive more than the maximum salary of the applicable salary group.
Acting pay will become effective from the first day of the acting appointment.
Upon expiry of the acting appointment, the employee will return to his/her former position or equivalent position and rate of pay.