ARTICLE 20: REDEPLOYMENT, LAYOFF, NOTICE/RECALL

A. General Provisions

20.01 A Trustholder, or designee, considering a layoff of an Employee will consult with Employee Relations. In these situations, the parties are committed to consultation and ensuring that employees are treated with care, understanding and respect throughout the process.

20.02 At least 10 days prior to the planned formal notice of position disruption, Employee Relations will arrange a meeting with the Trustholder, NASA and affected employees. The purpose of the meeting is to discuss the details of the reorganization and anticipated impact on employees.

20.03 After notice of the meeting, an employee who makes a claim under Article 13, Illness and Proof of Illness, will have no extraordinary rights under Article 20 and may expressly authorize a NASA representative to communicate on his/her behalf, otherwise clause 20.11 will prevail.

20.04 Where appropriate, an employee on any leave of absence may be contacted regarding position disruption for the purpose of discussing the planned disruption. However, formal notice to that employee will be the date of their return to work, unless the parties agree otherwise.

20.05 Within the period prior to the formal written notice to the affected employees, NASA, the Trustholder, Employee Relations and the employees will meet to explore methods and alternatives for managing position disruption in a manner which minimizes negative impact on employees. First, every effort will be made to make adjustments to terms and conditions of employment preferably without loss of pay, prior to any consideration of layoff of an Employee. If agreement on methods and alternatives cannot be reached, the employer will layoff pursuant to this article.

20.06 Layoff means the permanent or temporary cessation of an Employee’s employment; however, it does not include provisions pursuant to Article 7 – Probation or Article 23 – Discipline. It is not normally the reassignment of task, duties, work location or work schedule.

20.07 No Employee will be laid off:

(a) and subsequently rehired by the same Trustholder solely to prevent him/her from being continuously employed and then entitled to application of this article;

(b) solely because of unsatisfactory performance (issues of unsatisfactory performance will be dealt with pursuant to Article 23 - Discipline); or

(c) solely to prevent him/her from having his/her employment extend beyond twelve (12) months and thus be eligible to receive benefits.

20.08 No students (including Post Doctoral Fellows) will perform the regular work of Employees where in doing so such action results in the layoff of an Employee; however, nothing precludes the University from engaging students in legitimate training and learning opportunities.

20.09 An affected Employee who makes a claim, under Article 13 - Illness and Proof of Illness subsequent to notice, will have no extraordinary rights under this article and may expressly authorize a NASA representative to communicate on his/her behalf.

20.10 A Trustholder (or designee) will provide an Employee with as much informal notice as reasonably possible of the effective date of a layoff.

B. Formal Notice

20.11 (a) Employees who have been continuously employed for greater than twelve (12) months will receive the following written layoff notice or base pay in lieu of notice:

(1) Two (2) weeks’ notice, if the Employee has more than twelve (12) months and less than two (2) years of continuous employment;

(2) Four (4) weeks’ notice, if the Employee has two (2) years of continuous employment and less than five (5) years of continuous employment.

(3) Two (2) months’ notice, if s/he has at least five (5) years of continuous employment but less than ten (10) years of continuous employment; or

(4) Three (3) months’ notice, if s/he has at least ten (10) years of continuous employment but less than fourteen (14) years of continuous employment; or

(5) Five (5) months’ notice, if s/he has at least fourteen (14) years of continuous employment but less than eighteen (18) years of continuous employment; or

(6) Six (6) months’ notice, if s/he has at least eighteen (18) years of continuous employment.

(b) The effective date of the layoff will be computed from the date of written layoff notice.

(c) If an Employee is to receive payment in lieu of notice, an Employee will be able to choose to receive either a lump sum payment or the continuance of his/her base pay only for the period of notice not worked. There will be no other term or condition of employment, including benefits, applicable during the continuance period.

If an Employee, subsequent to receipt of pay in lieu of notice, is employed at the University elsewhere, within his/her notice period s/he will be required to repay an amount calculated on the basis of the following formula:

Repayment = number of months less number of months times the lesser base pay

No recalled Employee will receive remuneration twice for the same period of time.

C. Long Term Employees

20.12 A "Long Term Employee" means an Employee continuously employed for greater than five (5) years.

20.13 When two or more Employees are performing work in identical positions within the same seniority unit, seniority will be applied (i.e., reverse order of seniority) unless it can be demonstrated that the research will be compromised by this application.

20.14 Recall

(a) Long Term Employees will be placed on a recall list (separate lists for full-time and part-time Employees) for a period of up to twenty-four (24) months from date of written layoff notice. If a laid off Employee is not recalled within that period s/he will be deemed terminated and receives no other rights or benefits.

(b) Trustholders will consider any Employee on a Recall List prior to filling any general support trust Employee position that is greater than twelve (12) months duration.

(c) An Employee on layoff status (i.e., given notice of layoff or laid off) will be recalled in the order of his/her seniority within this Agreement. This will be subject to being qualified for the job and being able to fulfil the duties, or being qualified and able to fulfil the duties through job familiarization, or with reasonable on-the-job retraining within a training period not to exceed one (1) month. The determination of the above will be made by the Trustholder.

(d) A laid off Employee will forfeit any further rights to recall if s/he declines one (1) offer of recall to a position at his/her former status and grade.

(e) If an Employee accepts an employment opportunity of twelve (12) months or less, then the Employee will continue to have recall rights until either; (1) the recall employment opportunity extends beyond twelve months; or (2) the recall period expires, whichever comes first.

(f) Subject to Article 29, an Employee recalled will be paid as per the appropriate grade for the new position.

20.15 Human Resource Services will establish and maintain the Recall Lists. There will be one recall list for all full-time employees covered by Part A and Part B of this Collective Agreement. There will be a separate recall list for all part-time employees covered by Part A and part B of this Collective Agreement. Full-time Employees will be recalled to full-time positions and part-time Employees will be recalled to part-time positions.

20.16  Position Disruption Training Benefits

The Board will provide training assistance in order to enhance the employment opportunities of Employees on the recall list. The onus is on the laid off Employee to submit proposals for specific training to Human Resource Services for approval. Should the Employee’s training proposal be denied, the Employee may request a meeting with Human Resource Services and NASA.

When the laid off Employee requests training that is unlikely to enhance reemployment opportunities to the University, and if Human Resource Services approves this training, then the individual will forego his/her right of recall.

The terms of all training provided will be subject to mutual agreement between the designated Employee and Human Resource Services.

D. Exceptions

20.17 For Employees temporarily laid off for less than three (3) months' duration, this article will not apply except for clauses 20.05 and 20.10.

ARTICLE 21: POSITION EVALUATION

21.01 Trustholder’s Right to Determine the Work to be Performed/Job Description

It is the Trustholder’s right to determine the work that is to be performed, the job description, the qualifications and performance expectations/standards relating to the position. If a Trustholder requires assistance s/he shall contact Human Resource Services.

21.02 Job Documentation

The Trustholder will strive to provide a Job Description for each position of greater than twelve (12) months duration.

A "Job Description" is that component of the Job Fact Sheet that summarizes the duties of the position and includes the qualifications.

A "Job Fact Sheet" is the document used by the University for the purposes of formal position evaluation.

21.03 Initial Position Evaluation Process

Every effort will be made to ensure that Job Fact Sheets are written jointly by the Trustholder and the Employee (if the position has an incumbent), and upon completion signed by each. If any difficulties arise in completing the Job Fact Sheet or in agreeing on its contents, the Employee or Trustholder may request the assistance of Human Resource Services or NASA to mediate and resolve the difficulties. Failing agreement, the Trustholder and Human Resource Services will determine the appropriate content of the Job Fact Sheet.

21.06 Requests By Employees for A Formal Position Evaluation Review

An Employee may initiate a formal review of his/her position after its initial evaluation in writing to the Trustholder, commencing with the process described under clause 21.05.

The effective date of the position evaluation and, if any, change to his/her performance review date shall normally be the date the Employee and Trustholder signed off the Job Fact Sheet.

21.07 Requests By Trustholders for a Formal Position Evaluation Review

A Trustholder may initiate a review of a job description or its evaluation, commencing with the process described under clause 21.05. The effective date of the position evaluation and, if any, change to the incumbent’s performance review date shall normally be no earlier than the date of receipt of all required documentation by Human Resource Services.

21.08 Appeals

An Employee or Trustholder may appeal a formal position evaluation in accordance with this article. Such an appeal shall not be considered a grievance under Article 26 – Dispute Resolution Process, of this Agreement.

(a) When a position is re-evaluated to a higher grade level, the employee will be entitled to a pay increase. The new base pay will be no less than one (1) full increment above his/her current pay, or the minimum of the new grade level, whichever is greater.

(b) The effective date of the increase will be pursuant to Article 39.05 (b) or 39.06 (b). The Employee’s performance review period and future increments will not be affected.

(a) When a position is re-evaluated to a lower grade level, the employee’s base pay will remain unchanged. If the employee’s base pay is below the long service maximum for the re-evaluated job, their performance review period and future increments will not be affected.

(b) If his/her base pay is at or above the long service maximum for the re-evaluated position, the base pay will remain unchanged, "red-circled", and shall not be eligible for increments until such time that his/her base pay falls within the salary range of the grade of the re-evaluated position.

ARTICLE 22: POSITION EVALUATION APPEALS

22.01 Purpose

The purpose of the Position Evaluation Appeals process is to provide a method of resolving appeals relating to the formal position evaluation and/or the allocation of positions to job families under Article 21. It is not the intent of the Appeals process to address minor changes to job duties or concerns relating to the content of a Job Description or a Job Fact Sheet. An appeal may be submitted where an Employee or Trustholder believes a formal position evaluation does not reflect current position duties or the allocation of a position to a job family is in question.

Appeals by an Employee or Trustholder shall be initiated in writing within sixty (60) days from the date of the most recent formal position evaluation. Appeals shall be submitted to the Director, ER & ES, with copies to the Trustholder and Employee. The written appeal shall include the reasons for the appeal and any supporting information. The Director, ER & ES (or designee) shall, within twenty (20) days from the date of submission of the appeal, reply in writing to the appellant. The reply shall state either (1) the reasons for success or failure of the appeal, or (2) the name of the position analyst with whom the appellant is to meet on the matter.

The position analyst shall tender a report within sixty (60) days of receipt of the appeal. The report shall be submitted to the Director, ER & ES. Within five (5) days of receipt of the position analyst's report, the Director, ER & ES shall write to the parties to the appeal, stating the reasons for the success or failure of the appeal.

Where the appellant is dissatisfied with the response of the Director, ER & ES, the appellant shall, within twenty (20) days of the written reply file a written appeal to the Chairperson of the Job Evaluation Appeals Committee (JEAC). The appeal must include: (1) the original documentation submitted under clause 22.02, and (2) the response by the Director, ER & ES, and (3) any additional information the appellant may wish to provide. The appellant shall provide copies of the notice of appeal and any additional information submitted under clause 22.03 to the Director, ER & ES. If the Employee chooses, the Employee may request the assistance of a representative of NASA.

22.04 Modification of Time Limits

The time limits fixed in this article may be altered by mutual consent in writing of:

Such consent shall not be unreasonably withheld.

Where the JEAC has heard an appeal under clause 22.03, the Committee may refuse to accept another appeal of an evaluation or job family allocation for the same position within one year from the date of the Committee's original decision.

ARTICLE 23: DISCIPLINE

23.01 (a) The Employer follows a progressive process of discipline. The Employer may discipline, demote or dismiss an Employee for just cause.

(b) Discipline should be administered in a timely manner and maintain the Employee’s dignity and self-respect. Therefore managers and supervisors should first meet with Employees to communicate concerns about an Employee’s performance or conduct. Written correspondence in any form may be used as a follow up to an in-person meeting.

The following circumstances do not constitute disciplinary actions:

(a) Coaching

When there are concerns about an Employee’s performance or conduct, the in-scope supervisor or manager will, as part of the ongoing process of performance management, meet with the Employee and make every reasonable effort to clarify expectations, address issues or provide guidance to assist the Employee to correct the problem.

(b) Letter of Counselling

An in-scope supervisor or the manager may give an Employee a letter of counselling designed to improve the Employee’s performance or conduct, which outlines performance expectations. The Employee may provide a written rebuttal to the Employer’s letter of counselling within a reasonable time. Neither the letter of counselling or the rebuttal will be placed on the Employee’s Personnel File.

(c) Relief of Duty with Pay

An Employee may be relieved of duty with pay during an investigation that may lead to discipline, and the attendance of the Employee at work would hinder the investigation.

(a) Consultation with Employee Relations

Managers will consult with Employee Relations prior to taking any disciplinary action.

(b) Investigation

If a manager is considering disciplinary action, an investigation into the matter may be necessary to ascertain all the relevant facts prior to making any final disciplinary determination. If an Employee is required to attend an investigation interview and it could potentially result in subsequent disciplinary action being taken against that Employee, s/he will be entitled to have a Union Steward in attendance and the Employer will inform the Employee of this right.

An Employee has the right to have a Union Steward present during any investigation interview or disciplinary meeting. However, an Employee may waive his/her right to representation by signing the waiver form in Appendix "G". A copy of the signed waiver form will be sent to Employee Relations. An Employee may repeal his/her waiver, in writing to Employee Relations, at anytime during the discipline process.

23.05 An Employee notified of an investigation interview or formal disciplinary meeting, and who then makes a claim under Article 13, Illness & Proof of Illness, will have no extraordinary rights under this Article.

The progressive discipline process outlined below provides for increasingly serious actions to be taken by the Employer if a problem with an Employee’s conduct or performance is not resolved after using the appropriate non-disciplinary actions. The Employer will follow this process in sequential order, except when the particular circumstances of a case justify moving immediately to a more serious action.

(a) Disciplinary Meeting

(i) When the Employer has made a determination that an Employee will be disciplined, the Employee will be notified that a meeting will be convened specifically for that purpose and advise the Employee of their right to Union representation.

(ii) The Employer will hold a disciplinary meeting with the Employee.

(iii) Prior to taking any disciplinary action, the Employer will discuss the proposed action with the Union Steward or a Union representative, provided the Employee has not waived his/her right per clause 23.04.

(b) Written Reprimand

A written reprimand given to an Employee by the Employer will include reasons for the reprimand and expectations for future performance or conduct.

(c) Suspension Without Pay

Where a suspension without pay is given to an Employee, the Employer will provide written reasons to the Employee that includes the length and time of the suspension, and expectations for future performance or conduct.

(d) Demotion

Where an Employee is demoted, the Employer will provide written reasons to the Employee including expectations for future performance or conduct.

(e) Dismissal

Where an Employee is dismissed, the Employer will provide written reasons to the Employee.

The Employee will have the right to apply Article 26 - Dispute Resolution Process, following any disciplinary action.

If the Employee is unavailable for a disciplinary meeting, the notification of discipline will be deemed received if personally delivered or mailed by prepaid registered mail. When the notice is mailed, it will be deemed received within 5 days of the date of mailing.

By written request, an Employee will be entitled to examine the contents of his/her Personnel File in Human Resource Services during regular hours of work. By Employee written request, adverse reports and disciplinary actions more than 2 years old will be cleared from the Employee’s Personnel File if no further adverse reports or disciplinary actions have been submitted.

ARTICLE 24: RESIGNATION

24.01 Notice of Resignation

An Employee shall provide the Employer with 10 working days notice of resignation not including earned but unused vacation or compensating time off.

ARTICLE 25: POSITION ABANDONMENT

25.01 An Employee absent from employment without permission and without informing the Employer or designee will, after three (3) consecutive work-days of such unauthorized absence, be considered to have abandoned his/her position and will be deemed to have resigned. The deemed resignation will be rescinded if the Employee demonstrates circumstances beyond his/her control prevented him/her from reporting to his/her place of work and from contacting his/her Employer or designee.

ARTICLE 26: DISPUTE RESOLUTION PROCESS

26.01 General Principles

(a) Recognition

The Employer and the Union will work together to foster a collegial and productive workplace. Working together requires a commitment to frequent and open communications and joint problem solving on matters affecting the Collective Agreement and/or the Union-Management relationship.

The purpose of the dispute resolution process is to resolve problems, complaints and grievances, between the Union and the Employer, in a timely and effective fashion, and to maintain harmonious working relations.

Both parties recognize their collective duties and responsibilities in these matters.

(b) Disclosure

The parties will disclose all information/documentation concerning the dispute at the earliest possible opportunity.

(c) Discrimination and Harassment Resolution

In matters primarily alleging discrimination and/or harassment, the University of Alberta Policy on Discrimination and Harassment will apply. Failing satisfactory resolution through that Policy's guidelines, the employee may initiate a grievance at Step 4 of the Grievance Procedure.

(d) Grievance Application

It is the intent of the parties that only one grievance type be dealt with on a particular matter and that said grievance be grieved under the appropriate defined grievance type. However, circumstances may arise where one or more individual grievances may more appropriately be addressed as a group or policy grievance, or vice-versa. The parties will attempt to reach mutual agreement on the appropriate means of processing such grievances.

Where a group or policy grievance is subsequently initiated, all related individual grievances may be placed in abeyance pending the final resolution of the group or policy grievance.

(e) Grievance Replies

All grievances will have replies in writing stating reasons with copies to the Employee(s), the Union, affected supervisors and/or the Designated Employer Representative as the case may be, and Employee Relations.

(f) Time Limits

Any of the time limits outlined in this Article may be extended or placed in abeyance upon mutual agreement in writing of the parties. All of the time limits referred to in this Article will be exclusive of Saturdays, Sundays, paid holidays or official University-wide days off.

In the event that the initiating party fails to comply with the time limits herein, the grievance will be deemed to be at an end.

Notwithstanding any of the provisions in this Article, the initiating party may discontinue the grievance at any stage, in writing, and, therefore, such will be deemed wholly at an end.

(g) Designated Employer Representative (DER)

For the purpose of this Article, the Employer will name the Designated Employer Representative (DER) at Step 2 and provide this information to the Union. The DER will be a senior administrative level representative with the authority to resolve the dispute.

(h) Designated Official of the Union

For the purpose of this Article, the Union will notify Employee Relations of the name of the individual who is the "Designated Official of the Union".

(a) Individual Grievance

An individual grievance will be defined as any difference arising out of the interpretation, application, operation, administration, or alleged violation of the Collective Agreement, and including any dispute as to whether the difference is arbitrable.

If the individual grievance is discipline or termination related (e.g., dismissal, layoff, recall), such grievance will be initiated at Step 3 of the Grievance Procedure.

(b) Group Grievance

A group grievance will be defined as any difference arising out of the interpretation, application, operation, administration, or alleged violation of the Collective Agreement, and including any dispute as to whether the difference is arbitrable, concerning two (2) or more employees in the same Department. Such grievance will be initiated at Step 2 of the Grievance Procedure.

(c) Policy Grievance

A policy grievance will be defined as any difference arising out of the interpretation, application, operation, administration, or any contravention or alleged contravention of this Agreement, and affecting either party and/or more than one employee in more than one department. Such grievance will be initiated at Step 3 of the Grievance Procedure.

(d) Written Grievance Information

A formal written grievance will include the following information:

(i) the date of the grievance;

(ii) the nature, type and details of the grievance;

(iii) where applicable, the name(s) of the grievor(s) and his/her department(s);

(iv) the remedy sought;

(v) the article of the Agreement allegedly violated or the alleged occurrence said to have caused such grievance;

(vi) signature(s) of the designated official of the Union.

Facilitation

At any step in this procedure the Union and/or Employee Relations may be asked to assist in achieving a resolution.

Expectations

The parties to this agreement are committed to resolving problems at the earliest possible step of the procedure.

If a dispute arises between the Employer and an Employee, the Employee will first seek to resolve the dispute through a problem solving discussion with his/her immediate supervisor within ten days of the time the employee should reasonably have become aware of the action or matter giving rise to the dispute. The immediate supervisor’s response will be provided to the Employee in writing within five (5) days of the discussion. If the dispute is not resolved satisfactorily, it may then be advanced to Step 2 within ten (10) days of receipt of the immediate supervisor’s response.

If a dispute has been advanced to Step 2, the Employee, the Union and all parties immediately affected by the dispute, as determined by the parties, will seek to resolve the dispute at a problem solving discussion with the DER. If an acceptable resolution cannot be achieved, the DER will, after considering all relevant facts, make a determination and provide a written response to the Employee and the Union within five (5) days of the discussion with a copy to Employee Relations. If the dispute is not resolved satisfactorily, it may then become a grievance and be advanced to Step 3 within ten (10) days of receipt of the DER’s response.

The grievance will be submitted in writing to the Director with a copy to the AVP (HRS). When a grievance has been submitted at Step 3 of this procedure, the Union and the Director will hold a problem-solving meeting to attempt to resolve the grievance. The meeting will be held within ten (10) days of receipt of the grievance by the Director. Where a resolution has been reached the agreement will be committed to writing and circulated to all parties involved. If the grievance cannot be resolved through discussion, the Director will, after considering all relevant facts, make a final determination regarding the outcome of the grievance. The Director will communicate this determination to the Union within five (5) days of the meeting. If the grievance is not resolved to the satisfaction of the Union, it may be advanced to Step 4 within thirty (30) days of receipt of the Director’s response.

Either party may submit a grievance to arbitration. After having submitted the grievance to arbitration, the parties may agree to further attempts to resolve the issue through mediation.

The purpose of the mediation in the grievance process is to assist the parties in reaching a resolution of the grievance and anything said, proposed, generated or prepared for the purpose of trying to achieve a settlement is to be considered privileged and will not be used for any other purpose including any subsequent arbitration proceeding. The mediator will be confined to the issue in dispute. The mediator will be chosen by mutual agreement and all expenses of the mediator will be borne equally by both parties.

(a) Either party may advance the dispute to arbitration, will notify the other party in writing of its intention to do so, and

(i) name its appointee to the board of arbitration; or

(ii) state its desire to consider the appointment of a single arbitrator.

(b) Within five (5) days after receipt of notification provided for above, the party receiving such notice will:

(i) inform the other party of the name of its appointee to a board of arbitration; or

(ii) arrange to discuss with the other party the selection of a single arbitrator.

(c) The parties may select one (1) person to act as a sole arbitrator to whom any such grievance may be submitted for arbitration and such person will have the same powers and be subject to the same restriction as a board of arbitration appointed under this Agreement.

(d) Where agreement cannot be reached on a single arbitrator, a board of arbitration will be established.

Where the appointees to a board have been named by the parties, they will within ten (10) days endeavour to select a mutually acceptable chairperson for the arbitration board. The nominees will consider arbitrators both on and off the attached roster (Appendix H). If they are unable to agree the parties will appoint a person from the roster.

(e) The following conditions will apply to the powers of the arbitrator. The arbitrator may:

(i) require production, in advance of the hearing, of documents deemed relevant to the grievance;

(ii) examine any witnesses deemed relevant to the grievance;

(iii) assist the parties in mediating a resolution of the grievance;

(iv) not change, amend, alter or modify any of the terms of this Agreement;

(v) in matters relating to disciplinary action, reinstate an Employee with or without compensation for wages and/or benefits; and/or make any other award s/he may deem just and reasonable that would be consistent with the terms of the Agreement.

(f) The arbitrator will have the responsibility to:

(i) arbitrate the matter and confine the decision to the issues in dispute.;

(ii) determine his/her own procedure and give full opportunity to the parties to present evidence and to be heard;

(iii) hear and determine the merits of the grievance and issue an award in writing to the parties within thirty (30) days of the conclusion of the hearing;

(iv) where requested, determine whether a particular matter is arbitrable under this Agreement.

(g) Any arbitration decision will be final and binding upon the parties and upon any Employee affected by the decision

(h) The decision will be one reached by a majority of the members of the Board of Arbitration. However, if there is no majority decision, then the decision of the Chair will constitute the final binding decision.

(i) Each party will bear the expenses and costs of their respective presentation and the parties will equally share the fees and expenses of the arbitrator.

(j) The parties will be responsible for informing any third party likely to be adversely affected:

(i) of the time and place of the sitting of the Board of Arbitration;

(ii) of the grievance to be placed before the Board of Arbitration; and

(iii) of the right of that third party to be present and represented.

(k) The parties will annually review the approved roster of arbitrators as contained in Appendix H, for the purpose of revision.

ARTICLE 27: DISCRIMINATION AND HARASSMENT COMPLAINTS

27.01 There will be no discrimination, restriction or coercion exercised or practiced by either party in respect of any Employee by reason of age, race, colour, creed, national origin, political or religious belief, sex, sexual orientation, marital status, physical disability or in respect of an Employee’s or Employer’s exercising any right conferred under this Agreement or any law of Canada or Alberta.

Note: The remainder of Article 27 (Sexual Harassment) is to be suspended. The new article (Discrimination and Harassment Complaints) is under development pending tripartite discussions. In the interim, see Appendix D: Interim Procedure –Dispute Resolution Process.

ARTICLE 28: SALARIES

28.01 An Employee will be paid in accordance with the grade assigned to his/her position.

28.02 When there is a negotiated increase of the grades of base pay in Appendices A or B, Employees will be paid on the new higher grades of base pay.

(b) Employees paid on a bi-monthly payroll will receive their paycheques on the 10^th and 25^th days of each month.

(c) Premium pay, other than overtime, will be paid no later than the month following the month in which it was earned.

ARTICLE 29: EXCEPTIONS TO TERMS AND CONDITIONS OF EMPLOYMENT

29.01 Notwithstanding any term or condition of employment, the provisions of this article may be applied.

29.02 If a Trustholder determines an inability to meet any term or condition of employment pursuant to this Agreement, then:

(a) as soon as possible, the Trustholder will notify Employee Relations, Human Resource Services and provide the following particulars:

(1) what special term(s) and condition(s) are requested;

(2) when the term(s) or condition(s) are expected to commence;

(3) how long the term(s) or condition(s) are expected to be required; and

(4) what alternatives have been considered;

(b) Employee Relations and the Trustholder will jointly review the request;

(c) Employee Relations will notify NASA of the request, providing the particulars, with a stated reasonable response time;

(d) NASA will review the particulars and respond within the stated response time or, if unable to respond within the stated response time, then NASA and Employee Relations will mutually agree upon a new response time; and

(e) NASA and Employee Relations (and, if needed, the Trustholder) will discuss the request and reach written agreement; or

(f) failing agreement, the parties will continue to discuss bona fide alternatives and in the interim the provisional terms and conditions of employment may commence; and

29.03  If NASA subsequently determines an agreement cannot be reached, NASA will notify Employee Relations and appropriate action will be taken.

(a) If a Trustholder will be exceeding any term or condition of employment pursuant to this Agreement, then:

(b) as soon as possible, the Trustholder will notify Employee Relations, Human Resource Services and indicate the particulars for such determination including providing the specific duration required;

(c) Employee Relations and the Trustholder will jointly review; and

(d) Employee Relations will notify NASA including the particulars.

29.04 The parties agree that the provisions of this article will be applied in a timely fashion.

NEW ARTICLE: Health, Safety and Labour/Management Committee

#.01 The parties recognize the importance of harmonious relationships achieved through joint problem solving and ensuring a safe, healthy work environment. To that end, a Committee has been established whose mandate is to:

(a) review matters relating to the maintenance of good relations between the parties,

(b) review and resolve environmental health and safety issues that have not been resolved at the worksite level,

(c) investigate conditions causing grievances and misunderstandings and recommend appropriate resolution,

(d) make recommendations on educational programs including health and safety programs

(e) resolve problems pertaining to the interpretation and administration of this Agreement,

(f) discuss matters of mutual interest or concern,

(g) make recommendations on changes to the Agreement, to their respective principals, and

(h) exchange relevant information.

#.02 The Committee will comprise an equal number of University and NASA representatives, with each appointing a minimum of two (2) and a maximum of four (4) Committee members. The Committee may call upon additional persons as resource expertise.

#.03 The Committee will meet at the call of either party or at least once every 2 (two) months at a mutually agreed time. The AVP, Human Resource Services or designate and the NASA Business Manager or designate will alternate in chairing meetings of the Committee.

(a) apply the relevant health and safety legislation and regulations when making decisions or recommendations,

(b) establish sub-committees as it deems necessary and shall set their terms of reference,

(c) ensure proper training of Committee members, and

(d) take minutes, distribute copies to Committee members and post on relevant bulletin boards.

#.05 Employees will not suffer any loss of regular earnings for time spent on this Committee or its ad hoc sub-committees.

NEW ARTICLE: PREMIUMS

#.01 Second Language Premium

Where a second language is an integral component of the core job requirements, a five percent (5%) premium will be provided on appointment and will continue as long as the position includes the second language responsibility. Where the requirement is for more than one additional language and that/those language(s) are required to be used more than twenty-five percent (25%) of the time, an additional five percent (5%) premium will be provided.

ARTICLE # - PART B: PROMOTIONS, TRANSFERS AND RESPONSIBLITY PAY

Where an Employee voluntarily moves from one position to another position with the same grade level such a move shall be considered a transfer and there shall be no change to his/her base pay or performance review period.

Except as provided in this article, it is understood that a regular Employee voluntarily demoted, transferred or promoted to a non-established position has voluntarily waived his/her seniority.

No employee will be unreasonably transferred.

When an Employee is promoted from one position to another position with a higher-grade level, his/her new base pay will be within the range of the higher grade for his/her new position. The new base pay will be no less than one (1) full increment above his/her current pay. Performance increments will thereafter be granted, pursuant to Article 15, annually from the date of promotion. If the Employee is within three (3) months of his/her next increment on date of promotion, s/he shall be granted an additional increment.

Where an Employee is required to perform higher level duties, in addition to some of her/his own regular duties and responsibilities, for a cumulative qualifying period of five days per fiscal year, s/he will receive a premium of at least 5% of his/her base pay for the period of temporary responsibility including the qualifying period. After a period of six months a new job fact sheet will be done and a job evaluation completed.

#.04 Temporary Transfers and Promotions

When an Employee is transferred or promoted on a temporary basis, then the following will apply:

(a) The term will not exceed twelve (12) months or the specific term of the project. Extensions may be made and a copy of the revised terms is to be provided to NASA and Employee Relations.

(b) The Employee will be paid:

(i) In the case of a transfer, there shall be no change to his/her base pay or performance review period;

(ii) In the case of a promotion, he/she will be paid at least a minimum of 5% of his/her base pay or the minimum base pay for that higher level position, whichever is greater.

(iii) Where he/she is promoted to a position that is outside the scope of this collective agreement, he/she will be paid no less than 10% of his/her base pay.

(c) The Employee will be eligible for increments, as per Article 15, for each year in the temporary transfer or promotion.

(d) Seniority and service will continue to accrue normally and there is no change to the Employee’s base job family and seniority unit.

(e) During the term of the temporary transfer or promotion, either the Employer or Employee can end the assignment with thirty (30) days written notice or less as mutually agreed.

(f) At the end of the temporary transfer or promotion, the Employee will return to his/her original job.

(g) Upon return to his/her original position, the Employee’s pay will be adjusted to reflect all increments that would have been due had he/she remained in their original position. Any extra increments granted during the temporary transfer or promotion may be granted upon return to his/her original position, at the discretion of the Employer.

(h) Where the temporary transfer or promotion is going to continue for less than six (6) weeks then e) above will not apply.

(i) All terms and conditions, including defined duties and responsibilities, will be provided to the Employee in writing with copies to Employee Relations.