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2000 Table of Contents |
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PREAMBLEThe University of Alberta (the Employer) and the Support Staff of the University share a common interest in achieving the Universitys 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 NASAs role is to represent the interests of its members and the Employers role is to manage in the best interests of the University. This collective agreement provides a foundation for achieving our common goals of:
Support employees make a vital contribution to the Universitys 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 Universitys 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:
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:
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: DEFINITIONSIn this Agreement: 1.01 "AVP(HRS)", means the Associate Vice-President, Human Resource Services, of the University of Alberta or his/her designee (the parties recognize that the Associate Vice-President is the representative of the Board of Governors). 1.02 "Base pay" means the basic rate negotiated by the parties as outlined in Appendices A, B and C. 1.03 "Call-back" means an unexpected requirement to return to work, including: (a) work on a regular work day:
(b) work on his/her regular day of rest or on a previously mutually agreed-to lieu day, where s/he has not been notified of such requirement before the end of his/her last regular shift; or (c) work on a paid holiday. It is understood, however, that, where an employee is required to work overtime as defined in Clause 1.18 and where s/he, of his/her own volition, chooses to perform such work at another time, such work shall be considered as overtime and not as call-back. 1.04 "Continuous operation" means a unit of a department which operates seven (7) days a week and twenty-four (24) hours a day. 1.05 "Demotion" means a move from one position to another position with a lower maximum base pay. 1.06 "Department" means a teaching department, a faculty office, an administrative office or a service unit under the administrative authority of the Board. 1.07 "Department Head" means a dean, director, chair or head of a teaching or non-teaching department so designated by the Board, or other administrative authority, or his/her designee. 1.08 "Director, ER & ES" means the Director, Employee Relations & Employment Services of the University of Alberta. 1.09 "Dismissal" means the discharge of an employee from employment (i.e., his/her position). 1.10 "Double time" means two (2) times the hourly pay. 1.11 "Employer" means the Governors of the University of Alberta. 1.12 "Established position" means a position which is budgeted and is expected to continue without a definite end date. 1.13 "Fiscal year" means the period April 1 to March 31. 1.14 "Increment" means the difference between one step and the next full step on a salary grade as set out in the appendices. 1.15 "Lieu day" means a day off with pay in place of a paid holiday or a previously mutually agreed-to lieu day on which the employee is required to work. 1.16 "NASA" means the University of Alberta Non-Academic Staff Association. 1.17 "Non-established position" means a position which is not budgeted or which ceases to exist after a definite term. 1.18 "Overtime" means work required to be performed by an employee outside of his/her regular shift, including: (a) work on a regular work day which adjoins the end of his/her regular shift; or (b) work on his/her regular day of rest or on a previously mutually agreed-to lieu day, where s/he has been notified of such requirement before the end of his/her last regular shift. 1.19 The "parties" are the Employer and NASA. 1.20 "Pay" means the basic rate negotiated by the parties as outlined in Appendices A, B and C plus, where applicable, the additional payments of language premium, responsibility premium, as well as any agreed-to retroactivity. 1.21 "Promotion" means a move from one position to another position with a higher maximum base pay and with an increase in current base pay. 1.22 "Recall" means to return an employee on layoff status to an established position. 1.23 "Seniority" means length of service in the bargaining unit. 1.24 "Service" means cumulative employment of an employee. 1.25 "Stand-by" means being required, during a specified period of time when the employee is not at work, to be available to return to work. 1.26 "Straight time" means the hourly pay. 1.27 "Supervisor" means any person whose job function requires him/her to organize, direct, and control the work of others, so designated by the Board. 1.28 "Time and one-half" means one and one-half (1½) times the hourly pay. 1.29 "Transfer" means a move from one position to another position with the same maximum base pay. 1.30 "Union" means NASA. ARTICLE 2: EMPLOYEE TYPES AND APPLICATION2.01 This Agreement will apply to all employees of the University of Alberta, when employed in general support services as stated in this Article. 2.02 Employee Types (a) Regular employee (i) "Full-time regular employee" means a person who is appointed to an established full-time position of 35, 37.5, or 40 hours per week either on:
(ii) "Part-time regular employee" means a person who is appointed to an established part-time position and works regular hours of 14 hours or more per week but less than the hours of work specified for the job either on:
(b) "Temporary employee" means a person who is appointed to a non-established position and employed for additional work, replacement or a specific project. 2.03 Application for Regular Employees This article will apply to regular employees as follows: (a) Full-time Regular Employee For full-time regular employees all the provisions of this Agreement will apply. In the case of a full-time regular employee employed for recurring specified periods of more than 6 months each year, the terms and conditions of the Agreement will not apply during the inactive period, except as specified in Clause 31.12. (b) Part-time Regular Employee For part-time regular employees all provisions of this Agreement will apply, except the following articles will apply only in the modified manner set forth in the specific Article:
In the case of a part-time regular employee employed for recurring specified period of more than 6 months each year, the terms and conditions of the Agreement will not apply during the inactive period, except as specified in clause 31.12. 2.04 Application for Temporary Employees This article will apply to temporary employees as follows: No temporary employee will be separated for the sole purpose of preventing him/her from being entitled to any provisions of this Agreement. (a) Temporary Employees appointed for or employed 12 months or less will be entitled to the provisions of this Agreement, except the following Articles will not apply:
For Temporary Employees appointed for or employed 12 months or less, the following Articles will apply only in the modified manner set out in the specific Article:
A Temporary Employee appointed after April 1, 1992, and who has not previously been employed by the University or is separated from the employ of the University for a period of 12 months, will be paid no less than 75% of the grade assigned to the job, as provided in Article 14.02. (b) Temporary Employees appointed for or employed greater than 12 months, will be entitled to the same provisions of this Agreement as full-time regular or part-time regular, as the case may be. Article 20 will apply as if the Employee occupied an established position. (c) Temporary Employees assigned to a specific project or to replace another Employee, who is absent from work due to illness, injury or a leave of absence, and appointed for a defined term of greater than 12 months will be entitled to all provisions of this Agreement, except the following Articles will not apply:
These appointments will have a stated end date within 30 months of commencement and be related to specified funding. The work will be of a determinate nature and is not intended to be a replacement for current work performed by regular employees in established positions or assigned to vacant established positions. Temporary appointments for replacement or a specified project may be extended by the Department Head; however, when a temporary appointment is extended beyond 48 months the Employee will become a Regular Employee. Copies of temporary appointment letters and extensions will be forwarded to NASA. Should the Employees appointment be terminated prior to the intended end date, then 3 weeks written notice or pay in lieu of notice will be provided. The number of Temporary Employees working on a specified project is limited to 7.5% of the number of Regular and Temporary over 12 Employees (as determined each April). Should there be a requirement to exceed the agreed number, the parties will meet to discuss the reasons and mutually agree to any additional Temporary Employees. Such agreement will not be unreasonably withheld. (d) "Casual Employee" means a person appointed in a casual capacity and:
This Agreement does not apply to Casual Employees. (e) "Casual tradesperson" means a person who is employed in one of the trades job titles. No person may be employed as a casual tradesperson for a period exceeding eighteen (18) months except those so employed continuously since July 18, 1979. The provisions of this clause will only apply to casual tradespersons recruited by a requested referral from their respective outside trade union. For a Casual Tradesperson, none of the provisions of this Agreement will apply except Article 3 Union Recognition will apply. A Casual Tradesperson will receive a written statement of his/her terms and conditions of employment at the time of his/her appointment which will include:
If required to by Sub-clause (v)(b)(iii) above, the Employer may make payments to a trade union, other than NASA, for health and welfare benefits. (f) Apprentices "Apprentice" means a person who has signed a contract of apprenticeship with the Employer as provided for under the Apprentice and Industry Training Act. Apprentices will be entitled to the provisions of this Agreement, except the following Articles will not apply:
For Apprentices, the following Articles will apply only in the modified manner set out in the specific Article:
Where an Apprentice requires the payment of health and welfare benefits to his/her trade union, s/he will be considered a Casual Tradesperson and the agreement will apply to him/her in the manner outlined for that employee type. Where an Apprentice, having completed his/her apprenticeship, becomes a temporary employee (Tradesperson), s/he will immediately be treated as a temporary hired or employed for more than twelve months. (g) "Interim Staff" means persons employed by Interim Staffing Solutions. This Agreement does not apply to employees in Interim Staffing Solutions, except the following Articles will apply:
2.05 Exclusions 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 RECOGNITION3.01 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 REPRESENTATION4.01 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. Union Steward Program4.02 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:
Time Off for Union Business4.07 (a)Time off with pay will be granted to:
(b) Time off without pay will be granted to:
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 38. 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 RIGHTS5.01 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 TOOLS6.01 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. Safety6.02 (a) Where an Employee considers his/her work or worksite to be unsafe,
(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 Employees 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 Universitys established health and safety practices. 6.05 The Employer will ensure that all outside contractors are fully compliant with the
Universitys established health and safety practices and will take all measures to
minimize the risks to all Employees. Wearing Apparel, Protective Equipment, Clothing and Footwear6.06 (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. (e) 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:
(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. Tools6.07 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: HEALTH, SAFETY AND LABOUR/MANAGEMENT COMMITTEE7.01 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:
7.02 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. 7.03 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. 7.04 The Committee will:
7.05 Employees will not suffer any loss of regular earnings for time spent on this Committee or its ad hoc sub-committees. ARTICLE 8: PROBATION8.01 The probationary period of an Employee shall not exceed 6 months of work, after the initial commencement date of employment, unless extended by the University for up to 3 additional months, for reasons that are outlined in writing to the Employee, NASA and Employee Relations. 8.02 During the probationary period, the Employer (in consultation with Employee Relations) may dismiss a probationary Employee. The Employee shall receive 5 working days' written notice if his/her period of employment is greater than 3 months but less than 6 months. 8.03 (a) An Employee, who has completed his/her probationary period and transfers or is promoted, shall have a trial period of 3 months, which may be extended by the Employer for another 3 months for reasons that are outlined in writing to the Employee, NASA and Employee Relations. During this trial period, if the Employee is deemed unable to perform the duties of the new position satisfactorily, s/he shall be reverted to the former position. (b) If another Employee is subsequently affected by such reversion, s/he shall be reverted to his/her former position. (c) Where a Temporary Employee 12 months or less is affected by such reversion, s/he shall be laid off, unless the former position is vacant and available. 8.04 Where a Temporary Employee becomes a Regular Employee in the same position with no break in appointment and has not completed his/her probationary period, the probationary period shall be reduced by the number of months completed as a Temporary Employee. 8.05 No trial period shall be required on disciplinary or involuntary demotion.
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