PREAMBLE

The University of Alberta (the Employer) and the Support Staff of the University share a common interest in achieving the University’s goal of excellence in teaching, research and service to the community. The University and the Non-Academic Staff Association (NASA) are committed to working together for common goals, recognizing that NASA’s role is to represent the interests of its members and the Employer’s role is to manage in the best interests of the University.

This collective agreement provides a foundation for achieving our common goals of:

• Building positive working relationships at all levels of the organization
• Creating safe, healthy, effective, innovative work environments in support of teaching, research and service excellence

Support employees make a vital contribution to the University’s success. We are committed to creating a work environment that contributes to the overall well-being of staff and enables them to be "the best they can be". We will strive to ensure that all members of the University community achieve their full potential, contribute to the University’s success, and are valued and recognized for their contributions. We will help build a sense of pride and community at the University by actively fostering the behaviours, principles and accountabilities that guide our relationship at all levels of the organization.

Our relationship must be based on a high level of trust between the Employer, NASA and Support Staff. In working to build and sustain trust, each party commits to and is entitled to expect frankness and honesty. We also recognize that:

• Mutual efforts at problem solving on issues that affect employee interests can build trust when based on recognition of each party’s legitimate role
• Actions that disappoint reasonable expectations or place the other party in an untenable or embarrassing position can undermine trust and should be avoided.

A trusting, effective working relationship depends on the manner in which we share information and consult with each other on issues that significantly affect our interests. We recognize that:

• It is to our mutual advantage to notify each other in a timely way of issues that may have a significant impact on our respective responsibilities as employer or bargaining agent
• It is important that University decision makers consider the interests of employees when deciding upon a course of action
• There is value in consultation on matters that directly affect the interests of NASA and its members
• Consultation, when engaged in, needs to be timely, meaningful and efficient
• Some matters may, of necessity, need to be handled with discretion – we need to be clear with each other when the exercise of discretion is necessary
• Breaches of confidence result in a breach of trust
• Our interests may differ in particular circumstances, but failure to agree on an issue should not undermine our relationship or the integrity of the process used to discuss an issue.

We will work to ensure that all members of the University community understand the importance and value of this agreement and live up to their collective agreement responsibilities.

ARTICLE 1: DEFINITIONS

In this Agreement (Part B: General Support Trust Employees Agreement):

1.01 "AVP (HRS)", means the Associate Vice-President, Human Resource Services, of the University of Alberta or his/her designee.

1.02 "Base pay" means the basic rate negotiated by the parties as outlined in Appendices A and B.

1.03 "Chair" means the chairperson of an academic unit (or equivalent).

(a) An Employee will be deemed to be continuously employed after twelve (12) months of unbroken employment in a seniority unit.

(b) A break of employment is created when one of the following conditions applies:

1. 1) voluntary resignation, including position abandonment;
2. 2) dismissal for just cause;
3. 3) failure to return to work from an approved leave of absence;
4. 4) failure to return to work within ten (10) work days of receipt of notice of recall;
5. 5) layoff of more than twenty-four (24) consecutive calendar months; or
6. 6) a break in employment of more than three (3) months.

(c) An employee who has been employed for less than twelve (12) months will be considered to have broken his/her employment if the conditions in clause 1.05 (b) above exist or if s/he voluntarily changes Trustholder.

(d) Approved leave with pay, time on LTD, Article 16 – Workers’ Compensation, and leaves as per Article 14 – Leave, except clause 14.02, for any duration will be counted as continuous employment.

(e) Approved leave without pay and time on continuous layoff greater than one (1) calendar month will not be counted as continuous employment; however, for the sole purpose of reinstatement of illness only, clause 13.08, approved leave without pay will count as continuous employment.

(f) An Employee who has been on continuous layoff for more than one (1) calendar month and who is then recalled will have his/her previous continuous employment reinstated.

(g) A partial calendar month of employment will be considered a full calendar month of employment provided the Employee receives pay for a minimum of one-half (1/2) of the calendar month.

Where an employee moves from a position under Part A of this Agreement to a position under Part B of this Agreement, s/he will bring his/her service with him/her as continuous employment, subject to clauses 1.05 (b) and (c).

1.05 "Continuous operation" means a unit that operates seven (7) days a week and twenty-four (24) hours a day.

1.06 "Demotion" means a move from one position to another position with a lower maximum base pay.

1.07 "Department" means a teaching department, a faculty office, an administrative office or a service unit under the administrative authority of the Board.

1.08 "Director, ER & ES" means the Director, Employee Relations & Employment Services of the University of Alberta.

1.25 "Union" means NASA.

ARTICLE 2: INCLUSIONS/EXCLUSIONS RESOLUTION PROCESS

2.01 The parties agree to the following inclusions and exclusions (see also Appendix "I") from the NASA bargaining unit:

(a) "Post Doctoral Fellows" who are (and should be) engaged in legitimate training and learning opportunities will be excluded from the NASA bargaining unit.

(b) "Graduate/Undergraduate Students Paid from Trust" performing fourteen (14) hours of general support work or fewer per week will be excluded from this Agreement.

(c) "Graduate/Undergraduate Students Paid from Trust" that provide general support services and are not engaged in legitimate training and learning opportunities and do not meet the agreed working definitions will be represented by NASA.

(d) "Research Associates" who are (and should be) engaged in legitimate academic research, training and/or learning opportunities will be excluded from the NASA bargaining unit.

(e) "Research Trust Managers" who are and should be engaged in legitimate academic/management activities will be excluded from the NASA bargaining unit.

2.02 The parties have agreed to inclusion/exclusion definitions (see Appendix "I") relating to individuals to be included and excluded from the General Support Trust Employee Unit (hereinafter referred to as the "Trust Unit"). There may be instances when a party or an individual disagrees with the current allocation of a position within or outside of this Trust Unit. This provision is intended to provide the parties with a method of achieving consensus or binding resolution when concerns of this nature arise. Although the definitions, including "General Support Trust Employee", are not intended to be complete or exclusive, they will guide and form the basis of any decision made under this provision.

2.03 An individual’s participation in this process is respected and protected.

2.04 Discussion Stage

If a party questions the current allocation of a position within or outside of this Trust Unit, the parties may meet to discuss their concern with each other, including a NASA Workplace Representative, the Trustholder and the appropriate Chairperson or designee. This discussion will be held within five (5) days of the occurrence of the time the party should reasonably have become aware of the action or matter giving rise to the concern. The purpose of this discussion is to fully explore the concern, share respective information and to consult with any appropriate resource, which may include the affected individual in order to understand the respective interests of the parties. The respondent will provide a written response, referencing the initial meeting date, to the initiating party within five (5) days of the meeting held to discuss the concern.

2.05 Formal Resolution

Failing resolution of the concern at the discussion stage, the initiating party may, within ten (10) days of the respondent’s written response, bring the concern, in writing, to either the Employee Relations Unit or the NASA’s Designated Official, as appropriate, for resolution. A meeting will be held between the parties within ten (10) days of the initiating party’s request to discuss the concern. The respondent will provide a written response to the discussion within ten (10) days of the meeting held to discuss the concern. The written response will include the name of the respondent’s nominee to an adjudication panel in case a panel is required.

2.06 Adjudication Stage

Failing resolution of the concern at the formal resolution stage, the initiating party nominates a nominee within ten (10) days to participate on a three-member adjudication panel to review and determine the concern. The two nominees will, within ten (10) days, nominate a third person who will chair the adjudication panel. Failing agreement within ten (10) days, a Chairperson will be chosen at random from the established Inclusions/Exclusions Roster attached as Appendix "J" and according to the requirements of a Chairperson stated below. The nominees and Chairperson will be selected from the University community and have the relevant knowledge, qualifications and expertise to make an informed decision. The Chairperson will not be in a conflict of interest respecting the position in discussion. The parties to this Agreement will, within thirty (30) days of ratification of this Agreement, select a roster of at least six (6) Chairpersons through mutual agreement to be listed in the Inclusions/Exclusions Roster.

The adjudication panel will be confined to the issue in dispute. The adjudication panel will hear and determine the concern and will issue a decision in writing within twenty-five (25) days from the date of the selection of a Chairperson. The decision is final and binding upon the parties and the affected individual and will be effective on the date of the first meeting at the discussion stage. The adjudication panel, by its decision, will not add, alter, amend or change the provisions of this Agreement. The decision of the adjudication panel will be unanimous or one reached by the majority of the members of the panel. If there is no majority decision, then the decision of the Chairperson will constitute the final binding decision of the panel.

2.07 The parties will meet after the panel’s decision to settle any issues of the affected individual’s change of status.

2.08 General Provisions

(a) Any of the above time limits may be extended or placed in abeyance upon mutual agreement in writing of the parties. All the above time limits referred to in this process are exclusive of Saturdays, Sundays, paid holidays or official University-wide days off. If the initiating party fails to comply with the time limits above, the process will be deemed to be at an end.

(b) If the process is properly followed, the decision reached by the parties or the adjudication panel will not be subject to any other dispute resolution process.

(c) This Agreement will 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.

ARTICLE 3: UNION RECOGNITION

3.01 The Employer recognizes the University of Alberta Non-Academic Staff Association (NASA) as the exclusive bargaining agent for the unit of employees described in the Public Service Employee Relations Act Certificate #10-78 as "All Employees of the Board of Governors, the University of Alberta, when employed in general support services."

3.02 No employee will be required or permitted to enter into any written or verbal agreement which violates the Collective Agreement, without the express written agreement of NASA.

3.03 The parties agree there shall be no discrimination or coercion exercised or practiced with respect to any employee for reason of membership or legitimate activity in NASA.

3.04 All employees covered by this Agreement shall either be members of NASA or be required to pay a service fee equivalent to the membership fee.

3.05 Membership fees or service fees shall be deducted from employees' base pay and remitted to NASA on a monthly basis in the month following the month in which such monies are deducted. The Board further agrees to provide NASA with the full name, job title, department, employee type, commencement date, last known address and amount of dues deducted for each employee for whom service fees or dues have been deducted. In addition the Board agrees to provide NASA with, for use in NASA business only, the rate of base pay for each employee in the bargaining unit.

3.06 Subject to the technical capability to do so, the Board agrees to provide the above information to NASA in machine readable form.

3.07 NASA shall provide the Board with at least one (1) full calendar month's written notice prior to the effective date of a change in the amount of dues to be deducted.

ARTICLE 4: UNION REPRESENTATION

4.01 The Employer and the Union are committed to joint problem solving. As part of this commitment, the Union has established a Union Steward Program to facilitate employees and supervisors in reaching effective resolutions to problems within the workplace.

4.02 The parties recognize that when dealing with issues of labour relations, the most effective resolutions are made by those directly affected. The intent of the Union Steward Program is to allow for the representation of employees to encourage resolution of concerns, complaints, or grievances at the earliest opportunity.

4.03 (a)The parties agree that it is desirable to have the broadest representation of Union Stewards across the University, and NASA will make their best efforts to ensure that the appointment of Union Stewards is compatible with operational needs so as to avoid over representation or over utilization in any particular work area. Should any Union Steward be over utilized, the parties will meet to review and resolve the matter.

(b) The maximum number of Union Stewards elected shall be 3% of the total number of full-time employees (calculated as at March 31 each year). The number or distribution of Union Stewards may be increased or changed by mutual agreement.

4.04 (a)The application of the Union Steward Program is intended to improve efficiency in dealing with issues with minimal interference with the operation of the workplace, recognizing that some communication may be made or received at the workplace for the purpose of arranging non-work time meetings.

(b) A Union Steward will be recognized as an official representative of the Union. Decisions and resolutions reached with the involvement of a Union Steward shall be treated in the same manner as decisions reached with any other authorized representative of the Union, provided that no agreements are reached that are inconsistent with the provisions of this Agreement.

4.05 Union activities during regular hours of work are subject to operational requirements. The primary function of an employee is to perform the duties assigned to his/her position. Requests for time to participate in Union activities shall not be unreasonably withheld.

4.06 If, under this article, it is necessary to request time off during regular hours of work, the employee shall:

(a) not be required to disclose the details of the Union business;

(b) make arrangements for time off with his/her supervisor to minimize the impact of his/her absence on operations;

(c) report to the supervisor upon his/her return to work.

4.07 (a)Time off with pay will be granted to:

(i) Employees to exercise specific rights under the Collective Agreement.

(ii) Union Stewards who require time off work to represent employees in an effort to resolve an issue, including time immediately before and after any required meetings or where the situation is pressing and disrupting the workplace.

(iii) The Chief Union Steward to act in the absence of NASA Staff, where an employee is entitled to union representation.

(iv) A maximum of nine (9) NASA Executive members to attend regular executive meetings, not more than once per week.

(v) A maximum of four (4) Negotiating Committee members to attend negotiations and reasonable time for preparation.

(vi) Employees acting on behalf of the Union on mutually recognized committees.

(vii) Employees participating on recognized Employer committees.

(viii) Employees for other mutually agreed activities.

(b) Time off without pay will be granted to:

(i) NASA Executive members to attend executive meetings in excess of one per week.

(ii) Negotiating Committee members in excess of four (4) for members to attend negotiations and reasonable time for preparation.

(iii) A maximum of 75 members of NASA Council to a maximum of one (1) hour per month each to attend meetings of the Council. Requests to apply this clause will be made to the Director, Employee Relations & Employment Services, by NASA at least one (1) week before the date of the Council meetings.

(iv) Employees to attend to Union business, subject to operational requirements. The Employee must make the necessary arrangements with his/her Supervisor.

To administer the time off without pay provisions, the Employer will pay the affected employees and invoice NASA for the basic salary and applicable premiums.

4.08 The Union will provide written notification to the Director, Employee Relations & Employment Services, of the names and departments of Union Stewards, Executive Committee members and Council members. The Employer will annually provide a list of Department Heads and designations required under the Agreement.

4.09 The Union and the Employer will provide the name of the person or designee(s) acting as their "designated official" who will have the authority to act and resolve differences. It is further understood that these persons or designee(s) shall have the authority for authorizing grievances under Article 26.

4.10 The Employer agrees to provide bulletin board space in each department for the purpose of posting information relating to Union business.

4.11 Nothing in this Agreement shall preclude an Employee from discussing problems, personal or job related, with supervisors or members of Human Resource Services or other representatives of the Employer. Nothing in this Agreement shall preclude a Supervisor, Department Head, Director or Dean from meeting with a Union Steward, provided no agreements are reached which are inconsistent with the provisions of this Agreement.

ARTICLE 5: MANAGEMENT RIGHTS

5.01 All functions, rights, powers and authority which the Board has not specifically abridged, delegated, or modified by this Agreement are retained by the Board.

ARTICLE 6: SAFETY, WEARING APPAREL AND TOOLS

6.01 The Employer and the Union are committed to ensuring a safe, healthy work environment, including compliance with relevant health and safety legislation. Health and safety is a joint responsibility dependent upon the active participation of the Employer and all Employees.

Safety

6.02 (a) Where an Employee considers his/her work or worksite to be unsafe,

(i) s/he will immediately report the condition to his/her supervisor,

(ii) the supervisor will make all reasonable efforts to remedy the concern immediately, and

(iii) if the Employee’s concern cannot be remedied, either the supervisor or the Employee will report the concern to the Office of Environmental Health and Safety for resolution or remedy.

(iv) the Employee will not be required to work on that particular job or worksite until the Employee has been formally notified that the unsafe condition has been corrected.

(b) An Employee will have the right to refuse to enter or leave an area if his/her personal safety may be endangered. The Employee will advise his/her supervisor of this circumstance at the first available opportunity. The Employee’s failure to report for duty or to carry out his/her duties will not be considered grounds for deducting his/her pay or disciplinary action.

(c) Where an Employee or the Union considers that another person is performing his/her work in an unsafe manner or is working in an unsafe work environment, s/he will report the unsafe act or condition to the appropriate supervisor immediately and the provisions of Clause 6.02 will apply.

(d) If in the opinion of the Director, Environmental Health and Safety, an expert opinion is required, the Director will contact an expert authority, including Alberta Human Resources and Employment – Workplace Health and Safety.

6.03 The Director, Environmental Health and Safety, or designate will notify the Union Business Manager or designate immediately upon becoming aware of a serious incident or accident which has caused or has the potential to cause injury to an Employee. When the incident involves exposure to a substance that has a potential to cause injury, written information including the date of exposure, identification of the substance, potential symptoms associated with the exposure, and potential short and long term effects of such exposure will be provided to all affected employees. Copies of this information and a list of employees affected will be provided to the Union. The Director will maintain a record of the incident for future substantiation of employee worker compensation claims

6.04 Students will be oriented to the University’s established health and safety practices.

6.05 The Employer will ensure that all outside contractors are fully compliant with the University’s established health and safety practices and will take all measures to minimize the risks to all Employees.

Wearing Apparel, Protective Equipment, Clothing and Footwear

6.06 (a) Where Employees are required to wear special wearing apparel, including uniforms and coveralls, Departments will supply this apparel including replacements at no cost to the Employee.

(b) The Director, Environmental Health and Safety, or designate will determine whether protective equipment, clothing, or footwear is required in each Department or worksite and recommend the appropriate protective equipment, clothing or footwear for that area.

(c) The Union or an Employee may request a determination under Clause 6.07(b) and the Director, Environmental Health and Safety, will provide the determination within 30 days of the request.

(d) Where protective equipment, clothing, or footwear is required per Clause 6.07(b), Employees will be provided with the required items including replacements at no cost to the Employee.

(d) Where CSA approved protective footwear is required per Clause 6.07(b), but not provided per Clause 6.07(d), an Employee is entitled to:

(i) an allowance of $12.00 per month of service in a position where this protective footwear is required,

(ii) an initial payment of $100.00 upon completion of the probationary period or trial period in a position where this protective footwear is required, and

(iii) where this footwear requires replacement, not resulting from normal wear and tear, the footwear will be replaced at no cost to the Employee.

(f) While Employees are responsible for the purchase of their own eyeglasses, the Employer will pay for the additional cost of protective lenses.

(g) Notwithstanding 6.07 (e)(ii), a temporary employee appointed for or employed less than 12 months and apprentices will receive the payment in 6.07 (e)(ii) when their service exceeds 12 months.

Tools

6.07 Where an Employee is required, as a condition of employment, to use his/her own hand tools and bench tools in the performance of his/her job, such tools will be replaced by the Department when damaged or broken during the performance of his/her work. The Department will supply special or unusual tools as required.

ARTICLE 7: PROBATION

7.01 The probationary period of Employees shall not exceed six (6) months of work, after commencement of employment, unless extended by the Trustholder or designee for up to six (6) additional months, for reasons that are outlined in writing to the Employee, NASA and Employee Relations.

7.02 During the probationary period, the Trustholder or designee (in consultation with Employee Relations) may dismiss a probationary Employee. The Employee shall receive five (5) working days' written notice if his/her period of employment is greater than three (3) months.

7.03 A non-probationary person, who transfers, or is promoted to work for a Trustholder, shall have a trial period of three (3) months, which may be extended by the Trustholder for another three (3) months for reasons that are outlined in writing to the Employee with a copy to Employee Relations and NASA. During this trial period, if the Employee is deemed unable to perform the duties of the new position satisfactorily, s/he shall be laid off unless the Employee’s previous position is available and vacant.

7.04 Except in extenuating circumstances, no person should serve more than one probationary period with the University.

7.05 No probationary period shall be required on disciplinary or involuntary demotion.