ARTICLE 2
EMPLOYEE TYPES AND APPLICATION
2.00 This Agreement shall apply to all employees of the Board of
Governors, the University of Alberta, when employed in general support services to the
extent and in the manner herein set forth.
2.01 Employee Types
(a) "Apprentice" means a person who has signed a Contract of Apprenticeship
with the Board of Governors as provided for under the Apprenticeship and Industry Training
Act and his/her job title shall be as an Apprentice within his/her specific trade.
(b) "Casual" means a person appointed in a casual capacity:
(i) who initially works for two (2) consecutive calendar months or less; or
(ii) who works for fifty-nine (59) hours or less per calendar month; or
(iii) who works for more than two (2) consecutive calendar months and does not work for
more than (59) hours per calendar month for two (2) consecutive calendar months.
(c) "Casual tradesperson" means a person who is employed in one of the trades
job titles.
(d) "Regular employee"
(i) "Full-time regular employee" means a person who is appointed to an
established full-time position of thirty-five (35), thirty-seven and a half (37.5), or
forty (40) hours per week either on:
(1) a continuing basis; or
(2) for recurring specified periods of more than six (6) months each year.
(ii) "Part-time regular employee" means a person who is appointed to an
established part-time position and works regular hours of fourteen (14) hours or more per
week but less than the hours of work specified for the job either on:
(1) a continuing basis; or
(2) for recurring specified periods of more than six (6) months each year
(e) "Temporary employee" means a person who is appointed to a non-established
position in one of the following:
(i) "Temporary twelve (12) months or less" means a person who is appointed on
a full-time or part-time basis to perform duties of a temporary nature, and who works a
minimum of sixty (60) hours per month for more than two (2), but less than twelve (12)
months.
(ii) "Temporary greater than twelve (12) months" means a person who is
appointed on a full-time or part-time basis to perform duties of a temporary nature, but
whose employment (i.e., temporary twelve (12) months or less) may be extended by the
Department Head, or designee, beyond twelve (12) months, after having consulted with Human
Resource Services;
(iii) "Project Temporary" means a person who is appointed on a full-time or
part-time basis to perform temporary duties, for a project as determined by the
University.
For these purposes, a project will be based on a business plan/design, having a start
and intended end date. Such projects will normally be dictated by funding parameters.
A project temporary appointment will be for a minimum of twelve (12) months and
normally less than thirty (30) months. Such project temporary appointments may be extended
by the Department Head and reasons for an extension will be forwarded to Human Resource
Services and NASA. Upon commencement of the project temporary appointment, a Project
Temporary employee shall be treated as a regular employee, when that project temporary
appointment is extended beyond forty-eight (48) months s/he shall become a regular
employee.
A project temporary employee will receive, in writing, a confirmation of the offer of
appointment stating a specific start and anticipated end date for such an appointment.
Copies of project temporary appointment letters and extensions will be forwarded to NASA.
A project temporary employee performs work for a project that is of a determinate
nature and the project is not intended to be a replacement for current work performed by
regular employees in established positions or assigned to vacant established positions.
The number of project temporary employees is limited to seven and one-half percent
(7.5%) of the number of regular employees and treated as regular employees (number to be
set each April). Should there be a requirement to exceed the agreed number, the parties
shall meet to discuss the reasons and mutually agree to any additional Temporary Project
employees. Agreement shall not be unreasonably withheld.
Pursuant to Article 42, NASA and the University shall meet to review annually the
utilization of project temporary employees.
(iv) "New-hired Temporary" means a temporary employee appointed after the
date of signing of the November, 1991 Agreement and who has not previously been employed
by the Board and/or is separated from the employ of the University for a period of twelve
(12) months.
(v) "Replacement Temporary" means a person who is appointed to replace an
employee who is absent from work due to illness, injury, long term disability, Workers'
Compensation Board (WCB), Article 28 leave, and other types of leave, and employment
continues beyond twelve (12) months.
(vi) "Temporary Staff Services" means persons employed by Temporary Staff
Services.
2.02 Application
This Agreement shall apply to Employee Types as follows:
2.02 (a) Apprentices
(i) During the period of employment as specified in the contract of apprenticeship,
this Agreement shall apply as written except that the following provisions of the
Agreement shall not apply or shall only apply in the modified manner set forth in the
specific Clause:
Article 8 - Probation (as reiterated in 8.06)
Article 14 - Salaries (as reiterated in 14.06)
Article 15 - Performance, Promotion and Re-evaluation (as
reiterated in 15.07)
Article 16 - Premiums (as reiterated in 16.03)
Article 17 - Retirement Bonus
Article 18 - Service (as reiterated in 18.07)
Article 19 - Seniority (as reiterated in 19.02)
Article 20 - Position Disruption and Employee Displacement
(as reiterated in 20.12)
Article 22 - Paid Holidays (as reiterated in 22.11)
Article 23 - Annual Vacation Leave (as provided for in 23.14)
Article 28 - Maternity, Adoption and New Child Leave (as
reiterated in 28.13)
Article 30 - Political Leave
Article 32 - University Credit Courses (as reiterated in
32.04)
Article 33 - Human Resources Development Fund
Article 35 - Resignation (as reiterated in 35.02)
Article 36 - Discipline, Demotion and Dismissal (as provided
for in 36.12)
(ii) Notwithstanding the above, where an Apprentice requires the payment of health and
welfare benefits to his/her trade union, s/he shall be considered a casual Tradesperson,
and the Agreement shall apply to him/her in the manner outlined in Clause 2.02 (c) below.
(iii) Where an Apprentice, having completed his/her apprenticeship, becomes a temporary
employee (Tradesperson), s/he shall immediately be treated as a regular employee except
that during the initial twelve (12) month period, Articles 19 and 20 shall not apply.
2.02 (b) Casual
This Agreement does not apply to casual employees.
2.02 (c) Casual Tradesperson
For casual tradesperson, none of the provisions of this Agreement shall apply except
that:
(i) Article 3 - Membership and Dues shall apply.
(ii) Casual Tradesperson shall receive a written statement of his/her terms and
conditions of employment at the time of his/her appointment.
(iii) The terms and conditions of employment shall include:
(1) the provision for payment of health and welfare benefits to the respective trade
union, if applicable;
(2) vacation and paid holiday pay as specified in the respective trade union contract;
(3) any other paid benefit of the respective trade union contract that was applied
prior to July 19, 1979.
(iv) If required to by Sub-clause (c)(iii)(1) above, the employer may make payments to
a trade union, other than NASA, for health and welfare benefits.
(v) No person may be employed as a casual tradesperson for a period exceeding eighteen
(18) months except those so employed continuously since July 18, 1979.
(vi) The provisions of this Clause shall only apply to tradespersons recruited by a
requested referral from their respective outside trade union.
2.02 (d) Regular Employee
(i) Full-time Regular
For full-time regular employees all the provisions of this Agreement shall apply.
In the case of a full-time regular employee employed for recurring specified periods of
more than six (6) months each year, the terms and conditions of the Agreement shall not
apply during the inactive period, except as specified in Clause 31.12.
(ii) Part-time Regular
For part-time regular employees the following provisions of this Agreement shall not
apply or shall only apply in the modified manner set forth in the specific Article:
Article 19 - Seniority (as provided for in 19.03)
Article 22 - Paid Holidays (as provided for in 22.10)
Article 23 - Annual Vacation Leave (as provided for in 23.03)
Article 24 - Illness and Proof of Illness (as provided for in
24.14)
Article 26 - Special Leave (as provided for in 26.10)
Article 32 - University Credit Course (as provided for in
32.03)
In the case of a part-time regular employee employed for recurring specified period of
more than six (6) months each year, the terms and conditions of the Agreement shall not
apply during the inactive period, except as specified in Clause 31.12.
2.02 (e) Temporary Employee
(i) Temporary twelve (12) months or less
No temporary employee shall be separated for the sole purpose of preventing him/her
from being treated as a regular employee, or for the sole purpose of applying Articles 14
(Salaries), Clause 14.02; 10 (Shift Differential), Clause 10.05; 23 (Annual Vacation
Leave), Clause 23.15.
The following provisions of this Agreement shall not apply or shall only apply in the
modified manner set forth in the specific Article:
Article 8 - Probation (except 8.06 does apply)
Article 10 - Shift Differential (reiterated in 10.05)
Article 15 - Performance, Promotion and Re-evaluation (except
15.08 does apply)
Article 17 - Retirement Bonus
Article 18 - Service (except 18.06 does apply)
Article 19 - Seniority
Article 20 - Position Disruption and Employee Displacement
(reiterated in 20.12)
Article 22 - Paid Holidays (except as provided for in 22.10)
Article 23 - Annual Vacation Leave (23.14 and 23.15)
Article 24 - Illness and Proof of Illness (except 24.15 does
apply)
Article 25 - Worker's Compensation Supplement (reiterated in
25.03)
Article 26 - Special Leave (reiterated in 26.09)
Article 28 - Maternity, Adoption and New Child Leave
(reiterated in 28.13)
Article 29 - Leave Without Pay
Article 30 - Political Leave
Article 31 - Benefits Plans (except 31.13 does apply)
Article 32 - University Credit Courses (reiterated in 32.04)
Article 33 - Human Resources Development Fund (except as
provided for in 33.04)
Article 35 - Resignation (reiterated in 35.02)
Article 36 - Discipline, Demotion and Dismissal
Article 39 - Job Evaluation
Article 40 - Job Evaluation Appeals
(ii) Temporary employees (greater than Twelve (12) months), shall be treated as
full-time regular or part-time regular, as the case may be, and all applicable provisions
of this Agreement shall apply to them.
For these Temporary employees working greater than twelve (12) months, Article 20 shall
apply as if they occupied an established position.
(iii) Project Temporary Employee
No project temporary employee shall be separated for the sole purpose of preventing
him/her from becoming a regular employee.
A Project Temporary employee shall be treated as a regular employee; however the
following provisions of this Agreement shall not apply, or shall only apply in the
modified manner set forth in the specific Article:
Article 17 - Retirement Bonus
Article 18 - Service (except 18.06 does apply)
Article 19 - Seniority
Article 20 - Position Disruption and Employee Displacement
Article 30 - Political Leave
Article 32 - University Credit Courses (as reiterated in
32.04)
Article 33 - Human Resources Development Fund
Should a Project Temporary employee's appointment be terminated prior to the intended
end date, then three (3) weeks written notice or pay in lieu of notice will be provided.
(iv) New-hired Temporary Employee
A New-hired temporary employee shall be paid no less than 75% of the grade assigned to
the job.
For new-hired temporary employees the following provisions of this Agreement shall only
apply in the modified manner set forth in the specific Article:
Article 10 - Shift Differential (as provided for in 10.05,
effective April 1, 1992)
Article 14 - Salaries (as provided for in 14.02)
Article 23 - Annual Vacation Leave (as provided for in 23.15,
effective April 1, 1992)
(v) Replacement Temporary Employee.
A Replacement Temporary employee whose employment continues beyond twelve (12) months
shall be treated as a regular employee; however, Article 19 and 20 shall not apply.
(vi) Temporary Staff Services.
This Agreement does not apply to staff in Temporary Staff Services. Provisions for
Temporary Staff Services are outlined in the Letter of Understanding (Appendix
H).
2.02 (f) Exclusions
(a) This Agreement shall not apply to persons who are agreed between the parties to be
excluded from the bargaining unit under the provisions of Section 21 of the Public Service
Employee Relations Act, or who have been determined by the Public Service Employee
Relations Board to be excluded under the provisions of Section 21 of the Public Service
Employee Relations Act.
(b) This Agreement shall not apply to apprentices except during the period as set out
in Clause 2.02(a) above. |