Bulletin
Salary protection-regression when downgrading jobs
To: MoveUP members at ICBC
From time to time, due to health reasons, our members at ICBC may look to transition to a position at a lower pay grade. We are pleased to inform our members that our union achieved a Consent Award that will provide better clarity on the process and ensure better control for salary protection-regression for our members.
It is important that members who are considering moving to a lower pay grade job for health reasons talk to a job steward before initiating such a request. Job stewards can help navigate the requirements under Article 11.11 of the Collective Agreement and ensure that rights are protected
Under the Consent Award, in addition to having the term “poor health” defined, a procedure has now been formally established for members who wish to apply for a lower pay grade job. Previously there was no formal process and it resulted in confusion on how to access this provision in our collective agreement (Article 11.11).
The Consent Award outlines the procedure to allow the medical practitioner to assess the appropriate medical information at the time of the application, and the process to send the Article 11.11 application to the Occupational Health and Wellness Department where it will be considered and reviewed.
Your union will also be provided notice of all Article 11.11 applications, with members’ consent, and will work in consultation with the employer on appropriate transfers and job modifications. It is important members have a job steward assist in dealing with an Article 11.11 application, as it can become complicated and difficult to process.
This new procedure will provide members with much greater control in the process of determining what roles and duties they will transition to. It will also will give members better clarity on the salary protection-regression they are entitled to before they begin the application process.
Finally, if there is a dispute related to a person’s eligibility for moving to a lower pay grade job for health reasons, the situation can be referred to an Alternate Dispute Resolution (ADR). This will help provide clarity quickly to the affected member and end the long delays often seen in the formal grievance procedures.
To read the full Consent Award, please click here.
In solidarity,
Kevin Smyth, Senior Union Representative
Annette Toth, Vice-President
