Collective Bargaining
COLLECTIVE AGREEMENT
ON ARRANGEMENTS FOR THE ESTABLISHMENT
OF A BASELINE CLASSIFICATION
AND GRADING
between
the International Labour Office
(hereinafter referred to as "the Office")
and the ILO Staff Union
(hereinafter referred to as "the Union")
Preamble
The purpose of
this Agreement is to establish a baseline classification
and grading based on principles of fairness and
equity and aiming at ensuring consistency, timeliness,
efficiency, objectivity and transparency, and in
a manner consistent with existing collective agreements.
The establishment
of a baseline is an integral part of a career development
approach applying throughout the ILO. This also
calls for the subsequent elaboration of a procedure
for job classification/grading.
The Office and the Union,
hereinafter referred to as "the Parties", acknowledge
that generic job descriptions have been prepared in
2000 under the guidance of the Joint Working Group
on Classification, reporting to the Joint Negotiating
Committee.
The Parties recognise
that this Agreement aims to improve on existing structures
and processes. All substantive entitlements of staff
members shall remain intact except where this Agreement
states otherwise.
Article
1
General
description of the job-matching/grading process
1.1 The
Parties agree that the job matching/grading process
will include three stages, as follows:
- Stage 1: Initial
matching/grading
- Stage 2: Review
of initial matching/grading
- Stage 3: Re-examination
of matching/grading
1.2 Where
the initial matching/grading is acceptable to the
staff member concerned, the subsequent stages for
review will not apply.
1.3 The
initial matching/grading may be the subject of review
if so requested by the staff member concerned. Similarly,
the review of initial matching/grading may be subject
to an independent re-examination by the Independent
Review Group (established under Article 7 below),
if the staff member concerned requests it. Finally,
the matching/grading, as determined by the Independent
Review Group may be the subject of an appeal before
the Joint Panel.
Article
2
Timetable
for the job-matching/grading process
Stage
1: Initial matching/grading by 17 April 2001
Request for review of initial matching/grading by
15 May 2001
Stage 2: Review
of initial matching/grading by 16 July 2001
Request for re-examination by 15 August 2001
Stage 3: Re-examination
by the Independent Review Group by 1 October 2001
if second re-examination
is needed by 31 October 2001
Article
3
Modalities
for initial matching/grading
3.1 The
provisional generic job descriptions, appended to
this Agreement will be made available to all staff
members and posted on the ILO Intranet no later
than 31 March 2001.
3.2 Any
changes to these provisional generic job descriptions
shall be made only by agreement between the Parties.
3.3 No
later than 17 April 2001, every staff member will
be informed in writing of the generic job description
applicable to their job as well as the grade allocated.
Article
4
Request
for review of the initial matching/grading
4.1 A
staff member who disagrees with the initial matching/grading
may request a review by the Senior Director, in
writing, by 15 May 2001. The staff member shall
indicate the generic job description and/or the
grade which in his/her view best corresponds to
their job.
Article 5
Review
of initial matching/grading
5.1 The Senior Director
will review the initial matching/grading in all cases
where a staff member so requests. Such review shall
take place as soon as possible, and the staff member
concerned will receive a reasoned reply in writing
no later than 16 July 2001.
5.2 If no such reply is received by the staff member
by this date, s/he may immediately refer the matter
to the Independent Review Group.
Article
6
Request
for re-examination
6.1 If
the Senior Director has provided such reply and
the staff member disagrees, s/he may request a re-examination
by the Independent Review Group. Such request must
be filed in writing by 15 August 2001 with HRD.
Article
7
Re-examination
by the Independent Review Group
7.1 The Parties agree
to appoint an Independent Review Group to re-examine
and decide on the review under Article 6 above.
7.2 The Parties
agree to jointly nominate 14 staff members to the
Independent Review Group. The Independent Review Group
will operate in teams of two staff members who, together,
will re-examine and give a reasoned decision on each
request. A decision by the Review Team must be unanimous.
7.3 If the Review
Team cannot reach a unanimous decision, or fails to
give a decision within the time allowed to it, the
request for re-examination will be transferred to
a second Review Team comprising three members. If
the second Review Team cannot reach a unanimous decision
it will take a decision by majority voting.
Article
8
Application
to the Joint Panel
8.1 If the decision
of the Review Team is not provided within the time
allowed, or if that decision is contested on the grounds
of alleged procedural flaw or unfair treatment, either
the staff member or the Office may submit it for review
to the Joint Panel created under the Collective Agreement
on a Procedure for the Resolution of Grievances dated
13 September 2000.
8.2 The staff
member and the Office will have 30 working days from
the date of receipt of the decision of the second
Review Team, or the date when the Team's decision
was due, to apply to the Joint Panel. The provisions
of the Collective Agreement on a Procedure for the
Resolution of Grievances pertaining to the Resolution
by Adjudication process shall then apply.
Article
9
General
Provisions
9.1 The Parties agree
that, wherever the grade allocated to a job as a result
of the job matching/grading process is higher than
the existing grade held by the staff member, the higher
grade will be applied retroactively to 1 January 2000
or, in the case of a change of duties since 1 January
2000, the date of commencement of the new duties.
9.2 Staff members
claiming that the higher grade should be applied to
a date earlier than 1 January 2000 may invoke
the Collective Agreement on a Procedure for the Resolution
of Grievances dated 13 September 2000, to resolve
this matter, notwithstanding Article 4.3 of that Agreement.
9.3 The Parties
agree to select the 14 officials who will serve in
the Independent Review Group and to establish terms
of reference for that body no later than 30 April
2001.
9.4 The Office
will provide training to the members of the Independent
Review Group, in time for them to become operational
on 15 August 2001.
9.5 Throughout
the processes, the Classification Adviser will be
available to provide technical advice, but shall not
take part in the review, re-examination or decision
on matching/grading.
9.6 This Agreement
shall apply to all staff members in the Professional
category, as well as to all staff members in the General
Service category at headquarters. The establishment
of a baseline classification and grading for locally
recruited staff in the field will be dealt with by
the Parties at a later date.
9.7 The Parties
agree to conclude a Collective Agreement on a procedure
for job classification/grading no later than 30 June
2001.
Article
10
Final
clause
10.1 This Agreement
shall become effective on the date of signature.
10.2 No term of
the provisions applying to this Agreement shall be
suspended, modified, cancelled or otherwise amended
except by means of a written agreement signed by the
Parties. The Parties may renegotiate any part of this
Agreement.
10.3 In the event
of a difference of opinion in the interpretation or
application of this Agreement, the matter shall be
submitted to the Review Panel, as per Article 7 of
the Recognition and Procedural Agreement signed between
the Parties on 27 March 2000.
10.4 The Office
shall submit to the November 2001 session of the Governing
Body any amendments to the Staff Regulations and other
relevant texts considered necessary to give effect
to this Agreement, in a manner which also preserves
other substantive entitlements of staff members within
the meaning of the Preamble to this Agreement. In
any case of doubt between this Agreement and a relevant
article of the Staff Regulations, the interpretation
more favourable to the staff member(s) concerned shall
take precedence and prevail.
Annex
1
14
March 2001
SIGNED in Geneva, this fourteenth
day of March 2001, in two copies, in the English language,
by the representatives of the Parties duly authorized
to that effect.
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Alan
Wild
Director Chairperson
Human Resources Development
International Labour Office
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David
Dror
Chairperson
Department Staff Union
International Labour Office
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