35. Position Not Covered by Collective Agreement

If, during the term of this Agreement, the Division creates a new position or category of employment which would be subject to the Agreement, the following provisions shall apply:

(a)   The Division shall notify the Association of the new position or category of employment, and the proposed rate(s) of pay which will be applicable, and

(b)   A representative of the Division and the Association shall meet as soon as possible to negotiate the applicable rate(s) of pay to be incorporated in the Agreement, and

(c)   The parties will attempt to reach agreement before any appointment is made hereunder, but if the Division believes in its discretion that there is an urgent need to make an appointment before negotiations are concluded, the Division may do so on the terms which it has proposed, and

(d)   In the event that the representatives of the parties are unable to reach agreement, the Division will establish the rate(s) of pay, the matter will then be dealt with in the next negotiations for an amended Collective Agreement under Article 3, subject to the following, namely,

(e)   In the event that twelve (12) months have elapsed since the appointment(s) under this Article without a negotiated resolution of the rate(s) of pay, the matter may be submitted to Arbitration in accordance with the provisions of Article 8, and

(f)    In any case, salary, allowances and any other terms as agreed by the parties or established by an arbitration board hereunder shall be effective from the date of the appointment(s).