The Employer reserves the right to amend the pay periods outlined in Article 14 to a bi-weekly pay period during the life of this Collective Agreement. New pay dates as a result of this amendment will, as a minimum, comply with the Employment Standards Code.
Memorandum of Agreement
between
the Board of Governors of the University of Alberta
(herein after called the "Employer")
and
the Non-Academic Staff Association
(herein after called "NASA")
Further to the Collective Agreement, the parties agree to discuss further (i.e., post negotiations) the outstanding issues regarding the appropriate process for resolving discrimination and harassment complaints by or affecting NASA members. In addition, NASA and the Employer agree that it is in the best interest of all employees to hold discussions on these matters 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 Employer agree to either formally develop a new process for effectively dealing with these issues or, alternatively, the parties will submit this Interim Procedure as a proposal for the next collective agreement negotiations.
Both parties agree that during use of this interim procedure, the current Article 27 (Sexual Harassment) 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 in the first instance encouraged to inform the individual of the concern with the offending conduct and seek to work out a plan for the behavior to cease and to establish an effective working environment. The parties are encouraged to seek a facilitator to assist where possible. If no agreement is reached, or the behavior continues, or it is impractical for the parties 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 3 of the Dispute Resolution Process.
4. A grievance received at Step 3 of the Dispute Resolution Process shall be dealt with confidentially, and information relating to the complaint including the identity of the parties involved, will be disclosed only to the extent necessary to properly investigate the complaint and to respond to legal and/or administrative proceedings.
5. The Employer agrees that any employee (either grievor or respondent, if a NASA member) 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 of 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 3 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 Department Head (or the appropriate level as necessary) 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 4 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 be as per Article 38 of the Collective 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 Employer 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 Employer also recognize the serious nature of unfounded allegations of discrimination and harassment and agree that disciplinary action may be required in those cases which the accusations are shown to be fraudulent and/or malicious.
15. If the AVP(HRS) makes a decision pursuant to 10(c) above, the AVP(HRS) shall send the recommendation to the Department Head and the Department Head 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 Department Head and the Department Head 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 and/or necessary, counseling for affected persons in the particular workplace shall be provided.
19. NASA and the Employer agree that NASA members may choose to submit a complaint under Article 16 of the AAS:UA Agreement; however, an employee and/or NASA shall not concurrently submit the same complaint as a grievance or grievance as a complaint.
Letter of Intent
RE: Physical Education and Recreation
The Employer agrees to provide all employees and their immediate family full access to physical education and recreation facilities on Campus.
I Business/Administrative/Finance/Clerical
Descriptors:
II Technical/Information Systems
Descriptors:
III Transport/Maintenance/Utilities/Trades
Descriptors:
IV Health (Medical/Dental/Pharmacy)
Descriptors:
Date:
(Please print name below)
I, , have been advised that I am entitled to Union representation to assist me with this meeting. I have chosen to decline such representation in favour of proceeding on my own accord.
I am aware of the time limits under the NASA/BOG Collective Agreement, which must be followed to file a grievance.
I am aware that I can repeal this waiver, in writing, at any time.
Employee Signature
Witness Signature
cc. Employee Relations
NOTE: Copy to be kept by Employee.
Roster of Agreed Upon Mediator/Arbitrators
The Non-Academic Staff Association and the Board of Governors of the University of Alberta hereby agree to the following roster of Mediator/Arbitrators as identified in Article 26:
Sue Bercov*
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.
Exclusions/Inclusions Definitions: Guidelines
The following definitions are guidelines to be used to assist in determining the exclusion or inclusion of a position/person in 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:
(b) General Duties:
(c) Qualifications/Experience:
2. Post Doctoral Fellows (PDFs) (excluded)
(a)Description:
(b) General Duties:
(c) Qualifications/Experience:
3. Graduate/Undergraduate Students Paid from Trust (excluded)
(a) Description:
(b) General Duties:
(c) Qualifications/Experience:
4. Research Associates (excluded)
(a) Description:
(b) General Duties:
(c) Qualifications/Experience:
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 Managers (excluded)
(a) Description:
(b) General Duties:
(c) Qualifications/Experience:
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:
The parties agree to reach agreement upon the individuals or positions identified and listed in Part B: Agreement, Appendix J by no later than June 30, 2001.
(This policy applies to employees covered by the Non-Academic Staff Association but it is not part of the collective agreement, and is included for information purposes only.)
A) Definition of Discipline
In the administration of discipline, the University uses the corrective behavioral approach of a progressive disciplinary model (e.g., verbal reprimand, written reprimand, increment withholding, suspension, demotion and dismissal). This does not preclude the University from analyzing, on a case by case basis, the circumstances and facts of a particular situation(s) and taking a level of disciplinary action or other type of action deemed appropriate.
The key element in disciplinary action is that of warning, in that the instance(s) or incident(s) is (are) serious enough to require a disciplinary penalty. 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 and/or certain related matters occur or reoccur. The situation(s) requiring a disciplinary penalty is (are) serious in that it (they) cannot be tolerated nor condoned.
The following do not constitute disciplinary actions:
(1) letters of concern regarding innocent absenteeism
(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 and/or investigation
(5) ongoing coaching - counseling discussions (including training)
The emphasis in dealing with performance problems is through the use of ongoing coaching and counseling approaches. These approaches recognize that early intervention can help overcome problems and weaknesses and are not disciplinary in nature. Increment withholding may be taken in instances of marginal or unsatisfactory performance, incompetence and/or unsuitability. It is the intent of the University to use a written reprimand as the disciplinary document in instances of increment withholdings. Performance appraisals, counseling letters/reports, etc. may be used as support documents for the above.
It is recognized that employees have a provision in the collective agreement to allow them to rebut to the criticism in the appraisal, as such the contents are 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
(2) a meeting convened for a disciplinary purpose
When the University is to conduct a formal investigation interview, which may ultimately lead to discipline, the employee shall be advised of his/her ability to have NASA representation, if the employee so chooses, at any such meeting.
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 meetings shall advise the employee of their ability, if the employee so chooses, to be accompanied by a recognized NASA representative.
C) Representation by NASA
The role of an individual when representing an employee during the above noted instances is to:
(1) observe the process and witness the undertakings
(2) advise the employee of any rights during the process
(3) assist the employee, without interfering or impeding the disciplinary process, in discussing the issues involved.
Notwithstanding that the affected employee(s) may receive disciplinary action, no person who is a participant 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 representatives of the University during any meetings covered by this policy. 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 Department Head and/or his/her designee. In disciplinary matters, including but not limited to written reprimands, increment withholding, suspension, demotion or dismissal, the Department Head and/or his/her designee shall consult with Employee Relations and/or their satellite Human Resources representative 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.
LETTER OF UNDERSTANDING
Between
The Governors of the University of Alberta
And
The Non-Academic Staff Association
Re: Trust Employee Position Evaluations
During the life of this collective agreement, the Employer agrees to complete the evaluation of all trust positions that have not been evaluated in the last two years.
Within 30 days of ratification of this collective agreement, the employer will notify each trustholder of the University’s responsibility to conduct these job evaluations with a copy of this letter to each trust employee and to the Union.
Within 90 days of the ratification of this agreement, the Employer agrees to conduct at least one training session for all trust employees regarding the process of completing job fact sheets.
The Employer agrees to ensure that any resultant salary adjustments will be effective on the appropriate date according to Article 21.
Memorandum of Understanding
1. The parties are both committed to accommodation in order to meet their legal obligations for employees with disabilities in the appropriate circumstances.
2. The parties agree to participate in two Committees. They will be called the Support Staff Benefits Advisory Committee and the Disability Program, Joint Advisory Committee.
Support Staff Benefits Advisory Committee
3. The committee will consist of three (3) representatives (and one alternate) from each of the parties. The committee will have two alternating chairs with one representing each party. The parties may by mutual agreement incorporate additional parties into the agreement (i.e., tripartite)
4. All parties agree that one of the primary objectives of the committee is to achieve non-partisan effective results that improve the working environment for employees, and improve the effectiveness of the benefit plans and disability management programs for employees and the University.
5. The committee will meet at least once every two (2) months, or more if deemed necessary.
6. The parties agree to nominate their representatives within thirty (30) days of the signing of this agreement, and the committee will meet within the next thirty (30) days thereafter.
7. The committee will have the ability to create ad-hoc subcommittees to deal with specific issues or concerns and will provide the appropriate terms of reference for the subcommittees.
8. The committee will review benefit plans or disability management programs design to monitor the continued effectiveness of the plans and programs. The committee is empowered to review aggregate data related to the plans and programs (including illness leave). Any information that is shared, by any committee member, will be maintained in the strictest of confidence and will not be disclosed without mutual agreement. If deemed appropriate by the committee, they may also seek other relevant data.
9. The committee is empowered to make recommendations to either or both parties regarding the amendments or changes to the benefit plans or disability management programs.
10. The committee does not have the power to amend, modify or alter the terms of the collective agreement nor does any provision in this agreement nullify or add to any provision of the collective agreement.
11. The committee is mandated to specifically address the issues associated with illness claims and the LTD plan, and to recommend new initiatives that will enhance the effectiveness of the illness and LTD plans as well as reduce their costs.
12. In the best interest of ensuring the integrity of the benefit plans and disability management programs, it is agreed that being pro-active in addressing specific issues and concerns that arise in any regard to any claim within the plan provisions, as outlined in the Master Policies, is beneficial.
13. Both parties agree that Supervisors and Department Heads will be pro-active in ensuring that employees have fair and open access to the benefit plans and disability management programs and that Supervisors and Department Heads have a responsibility, on behalf of the University, to ensure that these programs are effectively accessed when appropriate.
14. Both parties agree not to exercise pro-active measures in an unreasonable fashion.
15. Both parties agree that employees with legitimate entitlements have access to the provisions of the benefit plans and disability management programs.
16. Both parties agree that time is off essence and agree to deal with these matters in an expedient fashion, including their participation on the committees or any sub-committee.
17. Both parties agree that should there be any issue, concern or difficulty that arises with regard to the interpretation or application of this Agreement that the parties agree to meet to discuss and resolve the matter.
Disability Program, Joint Advisory Committee
18. This committee will be comprised of equal representatives of the employer and the Union and the AAS:UA.
19. The purpose of the committee is outlined in its Terms of Reference.
20. The committee is mandated to specifically address the issues associated with illness claims and the LTD plan, and to recommend new initiatives that will enhance the effectiveness of the illness and LTD plans as well as reduce their costs.
21. In the best interest of ensuring the integrity of the benefit plans and disability management programs, it is agreed that being pro-active in addressing specific issues and concerns that arise in any regard to any claim within the plan provisions, as outlined in the Master Policies, is beneficial.
22. Both parties agree that should there be any issue, concern or difficulty that arises with regard to the interpretation or application of this Agreement that the parties agree to meet to discuss and resolve the matter.
LETTER OF UNDERSTANDING
Between
The Governors of the University of Alberta
And
The Non-Academic Staff Association
RE: Article 6 – Safety, Wearing Apparel and Tools
Clause 6.06 (e) and (g) – Protective Footwear Implementation
The parties agree that in implementing the changes made to clauses 6.06 (e) and (g)of this Collective Agreement, the following will apply:
1. On the date of ratification, all eligible Employees currently designated as requiring CSA approved protective footwear will be paid a one-time allowance of $100.00.
2. In those worksites not yet designated as requiring CSA approved protective footwear and where the Employees have been subsidized for $60.00 for safety shoes or boots, the Director, Environmental Health and Safety, will determine, on or before June 30, 2001, whether protective footwear is required.
Those eligible Employees thereafter designated as requiring CSA approved protective footwear will be paid the one-time allowance of $100.00, and retroactive to the date of ratification receive the allowance of $12.00 per month of service.
Any Employees receiving a subsidy for safety shoes and boots will continue to receive it from the date of ratification until a designation is made.
LETTER OF UNDERSTANDING
Between
The Governors of the University of Alberta
And
The Non-Academic Staff Association
1. The Union takes the position that its bargaining rights include research associates. The Employer has reserved its right to challenge this position. This matter will be set aside during the current negotiations between the parties. The parties agree that the matter of whether or not research associates are designated as academics will be determined by the Board of Governors, in accordance with the provisions of Section 17 (1)(d.1) of the Universities Act. Such decision will be made within three months of the date of ratification.
2. If the Governors of the University fail to designate research associates as academics, then the matter will be determined through the provisions of the Public Service Employee Relations Act. Clause 2.01 (d) and Appendix I (4.) of Part B of the Collective Agreement will not act as an estoppel to NASA’s application under PSERA.
3. Notwithstanding Clause 2.01 (d) and Appendix I (4.) of Part B of the Collective Agreement, the parties agree that if research associates are determined by the Labour Board to be within the NASA bargaining unit, then the parties will negotiate any necessary amendments to the terms of Part B of the Collective Agreement that would apply to research associates, within six months of the date of ratification.
4. Failing agreement on the application of the terms, either party may apply for consensual interest arbitration using the terms of the Public Service Employee Relations Act.
LETTER OF UNDERSTANDING
Between
The Governors of the University of Alberta
And
The Non-Academic Staff Association
Re: Early Retirement Bonus Program
The Employer will establish a fund of $50,000 for the purpose of an Early Retirement Bonus Program. This fund will be maintained for the term of this Collective Agreement or until the fund has been depleted. The terms of the program and Employee eligibility are outlined below.
Subject to the approval of the Trustholder, Employees who are between the ages of 50 to 65, during the term of this Collective Agreement, will be eligible to receive an early retirement bonus of up to 1 week's base pay per full year of employment up to a maximum of 25 days' pay. This applies to Employees who have completed a minimum of 5 years of service at the date of application for the early retirement bonus. The Employee and the Trustholder will mutually agree upon an effective resignation date, which must be during the term of this Collective Agreement.
Applications in writing, approved by the Trustholder, will be forwarded to Human Resource Services. Human Resource Services will confirm fund availability and Employee eligibility, then process the payment for the agreed upon resignation date.
Human Resource Services will advise Trustholders and NASA when the fund has been depleted.