January 30, 1999
Non-Academic Staff Association
8303 - 112 Street
7-50 University Extension Centre
This is to confirm that the Governors of
the University of Alberta will ensure to the best of its ability, to pay employees on the
following basis:
- Employees paid on a monthly basis shall receive their salary
cheques on the second last banking day of each month except in December when it shall be
the second last banking day prior to December 25th.
- Employees paid on a bi-monthly payroll shall receive their
paycheques on the 10th and 25th days of each month. The Governors of the University of
Alberta reserve the right to amend the bi-monthly pay period to a bi-weekly pay period
upon implementation of Peoplesoft. New pay dates as a result of this amendment will, as a
minimum, comply with the Employment Standards Code.
- Premium pay, other than Overtime, shall be paid no later
than the month following the month in which it was earned.
___________________________
Bruce L Anderson
Director, Employee Relations and Employment
Services
On Behalf of the Governors of the University of Alberta
Memorandum of Agreement
between
the Governors of the University of Alberta
(herein after called the
"University")
and
the Non-Academic Staff Association
(herein after called "NASA")
Further to this Agreement, the parties are
discussing the outstanding issue of an appropriate process for resolving discrimination
and harassment complaints by or affecting NASA members. In addition, NASA and the
University agree that it is in the best interest of all University Employees to hold these
discussions with representatives of the Academic Staff Association of the University of
Alberta (herein after called "AAS:UA").
Subsequent to the above discussions, NASA
and the University agree to either formally develop a new process for effectively dealing
with these issues or submit this Interim Procedure as a proposal for the next
negotiations.
Both parties agree that during use of this
interim procedure, the current Sexual Harassment: Article 27 provisions are suspended.
Both parties agree to the following interim
procedure:
Interim Procedure - Article 27A Dispute
Resolution Process
Discrimination and Harassment Complaints
1. In matters alleging discrimination and
harassment, the University of Alberta Policy on Discrimination and Harassment as at
January 1998 (i.e., GFC Manual Section 44) will apply.
2. An Employee who believes that s/he has a
problem is encouraged to first inform the individual with the offending conduct of the
concern and seek to work out a plan for the behaviour to cease and to establish an
effective working environment. The individuals are encouraged to seek a facilitator to
assist where possible. If no agreement is reached, or the behaviour continues, or it is
impractical for the individuals to deal informally with the matter, the Employee may make
a complaint under the Policy on Discrimination and Harassment.
3. Failing satisfactory resolution through
the Policy’s guidelines (i.e., Informal Resolution Procedure - GFC Section 44.7),
NASA may initiate a grievance at Step 2 (Clause 26.02(c)) of the Dispute Resolution
Process.
4. A grievance received at Step 2 of the
Dispute Resolution Process shall be dealt with confidentially. Information relating to the
complaint, including the identity of the individuals involved, will be disclosed only to
the extent necessary to properly investigate the complaint and to respond to legal or
administrative proceedings.
5. The University agrees that any Employee
has the right to representation by NASA.
6. The AVP (HRS) or designee having
received the grievance shall investigate the matter or the AVP (HRS) may appoint an
independent investigator to investigate the matter and report on his/her findings and
conclusions. The AVP(HRS) shall attempt to ensure a timely, complete and fair
investigation. NASA shall be entitled to a copy of the investigator’s report.
7. The parties endeavour to ensure that no
person shall intentionally compromise the integrity of the investigation process.
8. Where there is a grievance, the grievor
may request to the AVP(HRS) that his/her employment duties be modified, as the nature of
the particular circumstances dictate, in an attempt to eliminate contact with the
respondent during the period of investigation. Such request shall not be unreasonably
denied.
9. Prior to making any final determination
in this matter (i.e., Step II grievance decision), the AVP(HRS), or designee, shall meet
with the grievor and designated official of NASA to review the investigator’s report.
The Director, Employee Relations & Employment Services may be invited to participate
in any such meetings.
10. Upon review of the investigation report
and such other consideration as may be relevant, the AVP (HRS) may:
(a) dismiss the complaint/grievance;
(b) direct the investigator to investigate
further; or
(c) recommend to the Employee’s
Trustholder or designee that the results of the investigation require remedy.
11. The AVP(HRS) or designee, shall make a
written decision in this matter with copies to the grievor, NASA and any other affected
party.
12. Failing satisfactory resolution of the
grievance, NASA after full discussion with the Employee, may submit the grievance to Step
3 (Clause 26.02(d)) of the Dispute Resolution Process within ten (10) days of the receipt
of the written response from the AVP(HRS), or designee.
13. Process and resolution of the grievance
shall follow Article 26 of this Agreement. Both parties agree that the nature of these
types of complaints/grievances may require additional time to fully investigate and
review; therefore, both parties acknowledge that time limits within the Dispute Resolution
Process may need to be extended.
14. The University agrees that no grievor
or person who participates as a witnesses in the investigation and/or grievance shall
suffer any reprisals by virtue only of their participation in the proceedings. However,
NASA and the University also recognize the serious nature of unfounded allegations of
discrimination and harassment and agree that disciplinary action may be required in those
cases that the accusations are shown to be fraudulent and/or malicious.
15. If the AVP(HRS) makes a decision
pursuant to 26(c) above, the AVP(HRS) shall send the recommendation to the Trustholder and
the Trustholder shall take appropriate remedial action.
16. If the AVP(HRS) determines that there
are sufficient grounds to recommend disciplinary action against a NASA member, the
AVP(HRS) shall make such a recommendation to that respondent’s respective Trustholder
and the Trustholder shall undertake appropriate disciplinary action.
17. If the AVP(HRS) determines that there
is sufficient grounds to initiate a complaint against an AAS:UA member, the AVP(HRS) shall
submit a formal complaint under Article 16 of the AAS:UA Agreement.
18. Where applicable or necessary,
counselling for affected persons in the particular workplace shall be provided.
19. NASA and the University agree that NASA
members may choose to submit a complaint under Article 16 of the AAS:UA Agreement;
however, an employee or NASA shall not concurrently submit the same complaint as a
grievance or grievance as a complaint.
SIGNED this _______ day of __________________ 1999, in
Edmonton, Alberta.
On behalf of the On Behalf of the Governors
Non-Academic Staff Association of the University of Alberta
January 30, 1999
Non-Academic Staff Association
7-50 University Extension Centre
8303 - 112 Street
Edmonton, Alberta
T6G 1K4
Re: Physical Education and Recreation
The Governors of the University of Alberta
agrees to provide all employees and their immediate family full access to physical
education and recreation facilities on Campus.
Bruce L. Anderson
Director, Employee Relations and Employment Services
University of Alberta
I
Business/Administrative/Finance/Clerical
Descriptors:
- Occupations not normally industry specific
- Provides administrative expertise/support services of a
non-technical nature to operational/programmatic unit
- Administrative infrastructure for an operational unit
II Technical/Information Systems
Descriptors:
- Occupational/discipline specific
- Normally requires formal training within
occupation/discipline
- Provides technical expertise and support services in
specific discipline
- Certain occupations require professional designation
III Transport/Maintenance/Utilities/Trades
Descriptors:
- Provides physical infrastructure support
- Normally requires certificate/designation
IV Health (Medical/Dental/Pharmacy)
Descriptors:
- Provides medical support and services in the related medical
fields to operational units, patients/clients
- Requires formal post-secondary training within respective
health services/disciplines (legally required professional designations)
DATE: ______________
I, ____________________________,
__________________________________
(print name)
(signature)
have been advised that Non-Academic Staff
Association (NASA) representation is available to assist me with this meeting, however, I
have chosen to deny such representation in favour of proceeding on my own accord. I am
aware of the time limits under the Board/NASA collective agreement that must be followed
to file a grievance.
___________________________
_________________
Witness Date
cc: Copy to Employee
Copy to Employee Relations
The Non Academic Staff Association and the
Governors of the University of Alberta hereby agree to the following roster of
Mediators/Arbitrators as identified in Article 26:
Sue Bercov*
David Elliot
Elizabeth Johnson*
David Jones
Shelley Miller*
Allen Ponak
Andrew Sims
David Tettensor
* The parties agree that the noted individual(s) shall be
placed on the roster list on a trial basis subject to the continuing agreement of either
party.
Signed this ___________ of _________________, 1999, at
Edmonton, Alberta.
On behalf of On behalf of the Governors
the Non-Academic Staff Association of the University of
Alberta
The following definitions are guidelines to be used
to assist in determining the exclusion or inclusion of a position/person from this
Agreement pursuant to Article 2:
1. General Support Trust Staff (included)
(a) Description:
- comprises staff who work in support of University
operations falling within the following applicable job families:
- Business/Administrative/Finance/Clerical
- Technical/Information Systems
- Transport/Maintenance/Utilities/Trades
- Health (Medical/Dental/Pharmacy)
(b) General Duties:
- functions in a support role with appropriate duties
(c) Qualifications/Experience:
- will vary and are appropriate to the job duties/functions
2. Post Doctoral Fellows (PDFs) (excluded)
(a) Description:
- PDFs are post-graduate students receiving
independent research training and are paid an applicable stipend from funds provided by a
research granting agency or contractor; movement into a tenure track position or a senior
research associate position is a natural transition following completion of the PDF
training
(b) General Duties:
- duties are varied as directed by the
trustholder and will typically involve research training and assistance on specific
research projects directly related to post graduate qualifications
(c) Qualifications/Experience:
- holds a Ph.D. or equivalent;
- typically no greater than 5 years of
post-doctoral research training at a post-secondary institution
3. Graduate/Undergraduate Students Paid from Trust
(excluded)
(a) Description:
- individuals registered as graduate or
undergraduate students involved in research work directly or indirectly related to the
course of studies for which they are enrolled as a student; such positions are viewed as
an apprenticeship for further academic or professional careers
(b) General Duties:
- duties are varied as directed by the
trustholder and will typically involve research training and assistance on specific
research projects directly related to their academic qualifications
(c) Qualifications/Experience:
- undergraduate degree/enrollment in
undergraduate program or equivalent related to the area in which they are
training/performing work
4. Research Associate (excluded)
(a) Description:
- individuals who are employed in high
level research activities who hold the same academic qualifications as faculty members in
the same discipline and have the potential opportunity to move into tenure track positions
at a post secondary educational institution
(b) General Duties:
- the research associate carries out high
level complex research projects either as primary or co-investigator under the direction
of the trustholder;
- sets research objectives;
- independently, or at the direction of the
trustholder, develops experiments, research methods and protocol;
- designs and develops instrumentation and
equipment for research projects;
- co-authors or independently publishes
research results and participates in analysis and presentation of research results
(c) Qualifications/Experience:
- normally equivalent to faculty members
within the same department/faculty;
- will normally have prior original
research experience;
- for example:
- Faculty of Medicine
- a Ph.D., M.D., or equivalent to their
area of research
- will normally have prior
post-doctoral/residency experience
- Faculty of Law
- minimum requirement of a L.L.B. usually
with one or more undergraduate degrees
5. Research Trust Manager (excluded)
(a) Description:
- individuals appointed to senior
management positions, ones which are similar to APOs in the Operating accounts
(b) General Duties:
- duties will vary with the particular
position but, in general, these will be managerial, executive or supervisory in nature,
with significant decision-making requirement. Duties will not be clerical or routine;
- duties will involve intermediate and
long-range planning
- the incumbents will carry out their
responsibilities with little or no supervision;
- responsible for selection, supervision
and evaluation of clerical and technical staff;
- responsible for budgeting and financial
control of operation;
(c) Qualifications/Experience:
- academic degree, professional
qualifications and related experience in managerial positions;
- useful to have knowledge of the
discipline associated with the trust/research grant as well as management skills
The Non Academic Staff Association and the
Governors of the University of Alberta hereby agree to the following roster of
adjudicators as provided for in Article 2:
Signed this ___________ of _________________, 1999, at
Edmonton, Alberta.
On behalf of On behalf of the Governors
the Non-Academic Staff Association of the University of
Alberta
(This Process applies to Employees
covered by the Non-Academic Staff Association but it is not part of this Agreement, and is
included for information purposes only.)
A) Definition of Discipline
In the administration of discipline, the
University, through its Trustholders, uses a corrective behaviour approach of the
progressive disciplinary model (e.g., verbal reprimand, written reprimand, increment
withholding, suspension, demotion and dismissal). This does not preclude the Trustholder
or designee from analyzing the circumstances and facts of each case and omitting certain
steps in the model, taking a non-sequential level of disciplinary action or other type of
action as deemed appropriate, upon the advice of Employee Relations.
The key element in disciplinary action is
that of warning; advising that the circumstance(s) is/are serious enough to require
disciplinary action. Disciplinary actions can include the element of forewarning in that a
more serious disciplinary penalty may be used in the future if such action is repeated or
certain related matters occur or reoccur. The situation(s) requiring a disciplinary
penalty is/are serious in that it/they cannot be tolerated or condoned.
The following do not constitute
disciplinary actions:
(1) letters of concern regarding innocent absenteeism or
performance expectations;
(2) constructive criticism as part of an annual performance
appraisal process;
(3) job or work related instructions;
(4) relief of duty with pay pending review or
investigation; or
(5) ongoing coaching - counseling discussions (including
training).
The emphasis in dealing with performance
problems is through the use of ongoing coaching and counselling. This approach recognizes
that early intervention can help overcome problems and weaknesses. This is not
disciplinary in nature. Increment withholding is appropriate in instances of marginal or
unsatisfactory performance, incompetence or unsuitability. It is the intent of the
University, through its Trustholders, to use a written reprimand as the disciplinary
document in instances of increment withholdings. Performance appraisals, counselling
letters/reports, etc. may be used as support documents for the above.
It is recognized that the Agreement allows
Employees to rebut to the criticism in the performance appraisal. As such, a performance
appraisal is not disciplinary. Further, the performance appraisal interview is a process
designed for the participation of the Employee and supervisor only.
B) The Right to NASA Representation
The University recognizes an Employee's
right to NASA representation in the following meetings regarding discipline with the
Employee:
(1) formal investigation interviews into matters/conduct
that the University believes may ultimately lead to disciplinary action; or
(2) a meeting convened for a disciplinary purpose.
When a Trustholder conducts a formal
investigation interview, which may ultimately lead to discipline, the Employee shall be
advised of his/her ability to have NASA representation at any such meeting. The Employee
may waive representation.
When an Employee is to be disciplined to
the extent of formal disciplinary action (written reprimand, increment withholding,
suspension, demotion or dismissal), such discipline shall only be imposed at a meeting
convened for that purpose. A supervisor requiring an Employee to attend any such
disciplinary meeting shall advise the Employee of their ability to be accompanied by a
recognized NASA representative. The Employee may waive representation.
C) Representation by NASA
The role of a NASA representative during
these meetings is to:
(1) observe the process and witness the undertakings,
(2) advise the Employee of any rights during the process,
and
(3) assist the Employee, without interfering or impeding
the disciplinary process, in discussing the issues involved.
No person who participates during the
disciplinary process shall be subject to any reprisals.
NASA has undertaken that representatives
and Employees will attend any such requested meeting in an agreed and timely fashion.
D) Responsibility of the Employee
The responsibility of the Employee is to
attend and to respond directly to questions posed to them by the Trustholder or designee
during any meetings covered by this process. Failure to attend a meeting or respond
directly to questions posed may result in subsequent disciplinary action.
E) Authority to Take Disciplinary Action
At the University, all disciplinary action
shall be taken under the authority of the Trustholder or designee. In disciplinary
matters, including but not limited to written reprimands, increment withholding,
suspension, demotion or dismissal, the Trustholder or designee shall consult with Employee
Relations prior to taking any disciplinary action.
F) Responsibility of Campus Security, Audit and other
investigative units/departments
Campus Security, Audit and any other
department/unit charged with the responsibility of investigating some incident that may
ultimately lead to disciplining an Employee, will inform Employee Relations when it
becomes apparent that an Employee will be potentially affected by any disciplinary action.