Article 36 - Procedure for modifying the list of job titles, job descriptions and salary rates and scales
36.01
Any change in the List of job titles, job descriptions and salary rates and scales is subject to the procedure stipulated hereinafter.
36.02
Only the Ministère de la Santé et des Services sociaux (MSSS) is authorized to abolish or modify a job title stipulated on the list or to create a new job title.
36.03
A union or union grouping or an employer may also request that a change be made to the List of job titles. To do so, it must send the MSSS a written request, with reasons, using the form designated for that purpose. Unless the request is made jointly, a copy is sent to the other party. The MSSS informs the union groupings of any request for a change that it receives.
36.04
A job title may not be created unless the MSSS determines:
- that the main responsibilities and duties of a job are not found in the job description of any job title on the list;
- that significant modifications are made to the main responsibilities and duties of a job title already on the list.
In all cases, a job title’s main responsibilities and duties must be of a permanent nature.
36.05
The MSSS informs the party making the request, and the union groupings, of its decision to act or not act upon any request to modify the List of job titles.
For the purposes of this procedure, the union groupings are the following seven (7) union organizations: the APTS, the FP-CSN, the FSSS-CSN, the FSQ-CSQ, the FIQ, the SCFP/CUPE-FTQ and the SQEES-298-FTQ.
Each union grouping is responsible for informing the MSSS of the contact information of the person designated to receive information from the MSSS.
Consultation on the proposed change:
36.06
If, during the life of this collective agreement, the MSSS wishes to modify the List of job titles, it must inform each of the union groupings in writing. The notice transmitted by the MSSS must include a detailed description of the proposed change.
In the event that the MSSS decides not to act upon a proposed change to the List of job titles following a request made in accordance with clause 36.03, it informs the union groupings and the local parties concerned.
36.07
The union groupings have ninety (90) days from the time they receive a proposed change to the List of job titles to submit their position in writing to the MSSS.
36.08
At the written request of a union grouping, the MSSS calls a meeting of the union groupings and the MSSS representatives to exchange information on the proposed change. The meeting must take place within thirty (30) days of receipt of notice. The MSSS may also call such a meeting on its own initiative.
36.09
At the end of the period stipulated in clause 36.07, the MSSS informs the union groupings of its decision.
Provincial committee on jobs
36.10
A provincial committee on jobs is created within ninety (90) days of the date the collective agreement comes into force.
36.11
The committee is made up of six (6) representatives for the employer side, and for the union side, two (2) representatives for the CSN and the FIQ unions and a maximum of two (2) representatives for each of the following unions: the CSQ, the APTS and the FTQ.
Each party appoints a secretary; all communications between the parties are conveyed through the secretary.
36.12
The committee meets at the request of either party, made in writing by the secretary. The meeting must take place within ten (10) days of receiving the notice.
36.13
The committee’s mandate is to determine the applicable ranking for any new job title referred to it by the MSSS, or any existing job title for which the MSSS changes the academic requirements.
To do so, the committee must use the job evaluation system in force and determine the valuation scores to attribute for each of the evaluation sub-factors.
36.14
The committee must find that all the relevant information is available before beginning discussions on the new job title and the value of related duties.
If need be, for the purposes of evaluating duties, the committee may use significant benchmark jobs or benchmark characteristics agreed upon by the parties, as well as the interpretation guide for the job evaluation system. The committee must take into account the way the evaluation system was applied to other job classes under the Pay Equity Act (CQLR, c. E-12.001).
36.15
If the parties agree on the evaluation of all the sub-factors, the salary rate or scale that is ascribed to the new job title is the reference rate or scale set by the Treasury Board for the corresponding ranking, or by the pay equity plan that includes the new job title if this plan has been completed.
36.16
Any agreement reached by the provincial committee on jobs is final and enforceable.
36.17
If no agreement is reached on the scores to attribute to the job evaluation system’s sub-factors within ninety (90) days of the finding stipulated in clause 36.14, the scores for the sub-factors in dispute are submitted to arbitration with a summary of the parties’ respective arguments.
Arbitration procedure
36.18
The parties try to agree on the appointment of an arbitrator specialized in job evaluation. If they fail to agree within thirty (30) days, either party may ask the Minister Responsible for Labour to appoint this specialized arbitrator.
36.19
Each party appoints its assessor and pays the latter’s professional fees and expenses.
36.20
The arbitrator’s jurisdiction is limited to applying the job evaluation system with respect to the sub-factors in dispute that are submitted to the arbitrator and the evidence presented. The arbitrator does not have any authority to alter the job evaluation system, the interpretation guide, reference rates and scales or other tools for evaluating duties.
For the purposes of comparing evaluation scores, the arbitrator must take into account how the evaluation system has been applied for other job classes.
36.21
The ranking of the job evaluated corresponds to the scores for the sub-factors on which there is consensus in the provincial committee on jobs and those determined by the arbitrator.
36.22
The salary rate or scale ascribed to the new job title is the reference rate or scale set by the Treasury Board for the corresponding ranking, or by the pay equity plan comprising the job title evaluated, if it has been completed.
36.23
If it is established in arbitration that one or more duties do not appear in the job description even though employees are and continue to be required to perform them, the arbitrator may decide to include them in the description for the purposes of exercising the authority conferred under the provisions of clause 36.20.
36.24
The arbitrator’s decision is final and binding on the parties. The arbitrator’s professional fees and expenses are paid equally by the parties.
Change of salary following reclassification
36.25
Where applicable, the earnings of an employee reclassified under this Article are adjusted under the terms of this collective agreement, retroactive to the date the employee began to perform the duties of the new job title but no earlier than the date the job title came into effect under the provisions of clause 36.06.
36.26
Payment is made within ninety (90) days of an agreement between the parties or an arbitration award.
Changes to the List of job titles
36.27
When changes are made to the List of job titles under the provisions of this Article, the MSSS notifies the provincial parties, and the changes come into force on the date of such notice.