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Last updated: 03/18/01
This page archives the updates circulated to NASA members during our last round of negotiations for Trust and Operating. The Focus Group normally met on  Mondays at noon for updates on negotiations and advised our negotiating team. If you are interested in joining the Focus Group, please contact the FG Chair, Joy Correia. We need representatives for members from all the areas of the university.

(You might want to Bookmark this particular page so you can reach it directly in the future)

Focus Group Policy


November 17, 2000

To: All NASA Members

From: The NASA Negotiating Team

RE: Memorandum of Settlement dated November 15, 2000

Well, it has been a long time coming. However, the negotiating committee is pleased to report to you that a new contract has been reached, subject to the members’ ratification on November 29, 2000. No contract has everything we had hoped for. However, we have accomplished significant achievements.

One of the goals of the committee was to bring the provisions of trust and operating closer to identical wording and rights. We have made progress in that direction. The most significant feature here is the combined recall list of laid off trust and operating members. We believe that this change will bring our members back to work faster, while retaining an operating employee’s right to return to an operating job, even though they may have been temporarily returned to a trust position.

For the trust employees, a major accomplishment is the onus on the Trustholders to have all positions evaluated if they have not been done in the last two years. Although this may cause some concern, both Human Resource Services and NASA are committed to resolving any concerns that may arise as a result of re-grading. However, the process of having all positions evaluated and judged according to the equity policies of the University is long overdue.

For part-time employees, they will be entitled to the full dental benefits provided to full-time employees, effective April 1, 2001.

The new requirement to post all vacant operating positions will enhance the job opportunities for all NASA members. Internal candidates must be considered for these positions. Both committees believe this provision will assist in career development and retention of experienced staff on campus and heighten morale by recognizing the University’s commitment to existing staff.

These are a few of the changes you will find in the proposed contract; not to mention the increase in salary of 4% retroactive to April 1, 2000 and an additional 4% added to the new rates on April 1, 2001. The attached document outlines the changes to the current collective agreement.

The negotiating committee will be meeting with the Focus Group to prepare an evaluation of this round of bargaining and make proposals to the Executive and members on how to improve the process.

In the meantime:

  • The NASA Negotiating Team recommends ratification of this memorandum of settlement.

  • We believe it is a good contract for our members.

  • Thank you for your support over the past months.

 


 Summary of Contract Changes in the Tentative Contract

There have been minor changes made to virtually all articles of the collective agreement, in both Parts A and B. The following will detail the more substantive changes that have been made.

PART A – Operating

Article 2 – Employee Types

This article has been reorganized so that there are only two types of employees: regular and temporary (there are still different types of temporary employees).

Temporary Employees
Service of temporaries will now be counted when their employment exceeds 12 months, including granting an increment at the 12th month and full benefits. Also, when the Employer knows they are hiring a temporary for longer than 12 months, they can be hired as a temporary appointed for greater than 12 months right from day one and receive benefits at that time. The following articles will now apply to temporary employees: Article 8 (Probation), Article 15 (Performance Reviews and Increments), Article 18 (Service), Article 19 (Seniority), Article 29 (Leave Without Pay), Article 36 (Discipline), Article 39 (Job Evaluation) and Article 40 (Job Evaluation).

Apprentices
Article 18 (Service) will now apply to apprentices. After an apprentice has completed 12 months of service, he/she can apply for entitlements under Article 33 (Human Resource Development Fund); this could include training costs of the apprenticeship program. After an apprentice has completed 12 months of service, Article 34 (Winter Closure) will apply and they will be entitled to be paid for the four days of winter closure.

Interim Staffing Solutions (ISS) Employees
We have resolved that ISS (formerly TSS) is part of the bargaining unit and represented by NASA. The following articles will now apply to ISS employees: Article 3 (Union Recognition), Article 4 (Union Representation), Article 5 (Management Rights), Article 6 (Safety, Wearing Apparel and Tools), Article 7 (Health, Safety and Labour/Management Committee), Article 36 (Discipline), Article 38 (Dispute Resolution Process), and Article 43 (Discrimination and Harassment Complaints). In Appendix H, service has now been defined and ISS employees can carry their service with them when changing positions on campus. Now that the Employer has recognized NASA as the Union for these employees, there will also be a full review of skills assessment levels and salary rates.

Casual Employees
The Union will be applying to the Labour Relations Board for a determination that casual employees are part of NASA. If the Board rules in our favour, the Employer has agreed to negotiate the terms and conditions of this collective agreement that will apply to them.

Article 3 – Union Recognition

We now have an actual union recognition clause. This prevents the Employer from imposing special deals on employees (this was particularly important given the disruption of the former AIS employees).

Article 4 – Union Representation

The Employer has committed to a greater recognition of the union steward program and, in particular, working with the stewards at the job site to resolve issues (this is important for ensuring a positive labour relations environment).

Article 6 – Safety, Wearing Apparel and Tools

Health and Safety Officers on campus have been given the authority to shut down unsafe workplaces (a direct result of discussions during bargaining). Students will be oriented to established health and safety practices to promote the safety of our members. Outside contractors will be required to be fully compliant with the University’s health and safety practices. Also, where employees are exposed to dangerous substances, they will be immediately notified, given information regarding potential medical conditions and long-term effects, and records will be kept in the event of future illness. The Director of Health & Safety will immediately notify the Union of any serious accident, injury or incident that could have caused significant injury to a NASA member.

Current employees who are required, as a result of a designation, to wear CSA protective footwear will receive $100 upon signing of the contract and $12 per month thereafter to pay for the required footwear. In other areas, until a designation has been made, the existing payments will continue. Temporaries under 12 will receive $12 per month until they reach the 13th month, at which time they will get $100. The Director of Health & Safety is required to determine whether any protective apparel or footwear is required. If required, it must be provided and replaced when necessary.

Article 7 – Health, Safety & Labour/Management Committee

We have established a Joint Health & Safety Committee, which provides NASA with the opportunity to speak directly to senior management regarding NASA members’ health and safety concerns. It gives us the opportunity to coordinate the safety concerns on campus and have them addressed at a meaningful level.

Article 9 – Hours of Work

The language has been revised so that any work schedule that differs from a regular work schedule must have a written Union approved agreement. This will ensure that from now on any such schedule will meet the terms of the collective agreement. Once such an agreement is reached, mutual agreement will be required to change it. In addition, all existing situations are to be reviewed and a written agreement reached; in the meantime, those situations are protected from change until such an agreement is achieved.

Article 8 – Probation

We have clarified that there is only one probationary period and a temporary employee serves it in their first six months. In addition, there is no requirement to repeat a probationary period when an employee moves from a trust to operating position or from a temporary to regular position.

Article 10 – Shift Differential

Employees working 12-hour shifts will be entitled to receive shift differential for all hours worked between 3:00 p.m. and 7:00 a.m.

Article 11 – Overtime

Except in cases of emergency, overtime is voluntary.

Article 14 – Salaries

Salaries will be increased effective April 1, 2000, by 4% and by an additional 4% on April 1, 2001. We have determined that the increase will be applied to the hourly rates. The new monthly rates will be a direct calculation based on annual hours divided by 12. The adjustment to salary of the 4% increase will be applied beginning January 1, 2001. The increase is retroactive to April 1, 2001, and the retroactive money (i.e. from April 1 to December 31, 2000) will be paid not later than February 28, 2001.

Current and future Power Plant and Cooling Plant Operator IIs will receive accelerated increments – one every six months to a maximum of Step 7; any additional time counts towards the next LSI. This is a supplement to address retention issues.

Article 15 – Performance Reviews and Increments

The most significant change here is the agreement that performance management needs to be improved through a continuous two-way process of communication that benefits both the employee and the employer. We expect that performance reviews will become more accurate and the focus will be on enhancing job skills. Withholding of increments is now specifically identified as a disciplinary action and is now clearly a grievable matter.

Article 16 – Premiums

With respect to Market Supplements, if no agreement can be reached between the Union and the Employer, the Employer can no longer unilaterally impose a supplement. In addition, the dispute will go to a formal arbitration board. Responsibility Pay has been revised and moved to new Article 21.

Article 18 – Service

Service will now be calculated from the first day of hire. A temporary employee under 12 will only forfeit their service during their first year of employment at the University if they voluntarily change their employing department. In addition, service is now transferable when a person moves from a trust to an operating position or vice versa. Service will now be accumulated while a person is on Long Term Disability leave.

Article 19 – Seniority

The seniority units (Appendix E) have been amended to reflect the new seniority units.

Article 20 – Position Disruption

The Article has been re-written for clarity. The emphasis is to make every reasonable attempt to avoid position elimination and layoff by ensuring that there is meaningful discussion between the potentially affected employees, the Union and the Employer before any action is taken. This includes discussion with employees other than those who may potentially be disrupted to try to problem-solve within the seniority unit to minimize negative impacts. The process is now more transparent with the removal of the secrecy provisions imposed on the Union. A clause has been added which requires 14 days of notice in case of layoffs of less than three months.

There will now be two recall lists: one covering all full-time employees, both trust and operating; and one covering all part-time employees, both trust and operating. Operating employees retain their rights to recall until they have been placed in a position at their former status and grade as operating employees or 24 months, whichever comes first. Operating employees may be recalled to trust positions; however, such recall will be viewed as a temporary placement and will not affect their right to recall.

Article 21 – Postings, Transfers, Promotions and Responsibility Pay

All regular positions on campus will now be posted and internal applicants must be given consideration. When an employee is promoted, their new base pay can be more than one full increment above their current base pay. Provisions for temporary promotions and transfers (formerly referred to as "secondments") have been clearly outlined in this article and an affected employee must be provided with their terms and conditions in writing. The employee has the right to return to their original job. Their service and seniority will continue as if they were in their original position. They will be paid a premium of 5% of their base pay or the minimum base pay for the position, whichever is greater. Where the position is outside the NASA bargaining unit, they will be paid a premium of no less than 10% of their base pay. Finally, there will be no change to increment dates on return to their position.

Article 23 – Annual Vacation

An employee who is working part-time as a result of an illness or rehabilitation will accrue vacation credits on a pro-rated basis.

Article 24 – Illness and Proof of Illness

For absences of three days or more, medical certificates are to be provided to the Employer with a copy to Health Recovery Support Unit. For absences of more than ten days, medical certificates go directly to the Health Recovery Support Unit. In a medical board situation, an employee now has the ability to identify a doctor of their choice to sit on the board.

Article 26 – Special Leave

Where an employee uses the maximum entitlement of special leave in a year, they will be provided with additional compassionate leave if needed.

Article 27 – Witness or Jury Duty

A shift worker called for witness or jury duty will be granted leave with pay for an equivalent number of scheduled shifts during the duty period.

Article 28 – Maternity and Parental Leave

This article has been up-dated to reflect the new federal regulations. The provisions now include: maternity leave up to 17 weeks; parental leave up to 37 weeks for either parent; if both parents are employees of the University, both can take advantage of the parental leave. Temporary employees under 12 months will be entitled to apply their unused illness entitlement to the illness portion of their maternity leave.

Article 31 – Benefits Plans

A new dental fee guide was approved. The cap on prescription drug dispensing fees will be lifted effective January 1, 2001. Effective April 1, 2001, part-time employees are entitled to receive the same dental benefits as full-time employees. The LTD benefit maximum cap has been removed. The Employer can no longer automatically terminate an employee after 24 months on LTD. The Employer must consider the employee’s capability of returning to some form of work. NASA must be consulted on any changes to the carriers of the benefits plans. No changes to the plans themselves can be made without mutual agreement.

Article 33 – Human Resources Development Fund

Effective April 1, 2001, the fund has been increased to $400,000 per year, from $300,000. Individual entitlements increase for regular employees to $750 (from $500) and for temporary and part-time employees to $500 (from $250). Future years entitlements may be combined to a maximum of $2,250 when a specific program of studies has been approved. The Fund can now be used for non-credit University of Alberta courses designed to enhance employee wellness (e.g. physical education or stress management).

Article 36 – Discipline

The Employer must now follow a particular course of action with respect to discipline. The length of time a disciplinary document can remain on a person’s file has been reduced from 36 months to 24 months.

Article 38 – Dispute Resolution Process

This process has been re-written with a view to attempting to resolve differences between the parties as soon as possible and to involve administrators who have the authority to make a decision.

Article 39 – Job Evaluation

If a position is re-evaluated to a higher grade, the incumbent will get a raise and the performance increment date will not be affected. As well, the restriction to a raise of one increment has been removed.

Article 43 – Discrimination and Harassment Complaints

A ‘no discrimination’ clause has been added to this article. As a result, the issue of accommodating injured or ill workers can now be dealt with as an issue of discrimination on the basis of a disability. The remainder of this article is still under construction and will be added to the contract when it is concluded.

Article 44 – Term of Agreement

This contract will expire on March 31, 2002.

Appendix G – Letter of Understanding – Contracting Out

The Employer will now consult with NASA where there is an expectation that layoffs will occur.

Appendix I – Memorandum of Agreement – Service

This appendix has been deleted – the issue has been addressed in Articles 2 and 18.

Appendix L – Memorandum of Agreement – Electronic Monitoring

This appendix has been deleted as the matter has been referred to the Health, Safety & Labour/ Management Committee.

Appendix M – Letter of Intent: Definition of Employee Types

This appendix has been deleted as the matter has been addressed in Articles 2 and 18.

Appendix O – Memorandum of Agreement – Exclusions

This appendix has been deleted as it is no longer necessary.

Appendix Q – Letter of Intent – Article 6 – Safety

This appendix has been deleted – the issue has been addressed in the new wording of Article 6.

Appendix S – Memorandum of Agreement – Salaries

This appendix has been deleted as it is no longer necessary.

Appendix T – Letter of Agreement – General Trust Support Employees

This appendix has been deleted as it is no longer necessary.

Appendix M – NEW – Memorandum of Understanding – Benefits Committees

This appendix contains provisions for the operation of the current Benefits Advisory and Disability Management Committees.

Appendix O – NEW – Letter of Understanding – Early Retirement Bonus Program

A $50,000 early retirement bonus fund has been established. This is intended to provide a retirement bonus of up to 25 days pay for either operating employees between the ages of 50 and 55 or trust employees between the ages of 50 and 65 (new). To qualify, an employee must have five years of service and the department must agree.

Appendix Q – NEW – Contract Wording Committee

We’ve agreed to work together with the Employer to improve the language of the collective agreement. A document will be created and forwarded to the next bargaining committee with recommendations for wording improvements. This ‘common language’ document may be used as a guide to interpret this new collective agreement as it is not intended to change the intent of the language.

 

PART B – Trust

Article 1 – Definitions

The significant change in this article relates to the definition of "continuous employment". The conditions that cause a break in service include: voluntary resignation, dismissal for just cause, failure to return to work from an approved leave of absence, failure to return to work within 10 work days of receipt of recall notice, layoff of more than 24 consecutive calendar months, or a break in employment of more than three months. The most significant change is that an employee’s continuous employment is no longer broken when they change Trustholders after their initial 12 months of employment with the first Trustholder. Operating employees may transfer to Trust without a break in continuous employment; Trust employees may transfer to Operating without causing a break in service.

Article 2 – Inclusions/Exclusions Resolution Process

There has been no change to the current article. However, the question of whether research associates are in NASA’s bargaining unit will be dealt with by the Board of Governors. If the Board does not designate research associates as academics (therefore becoming AAS:UA members), then an application will be made to the Labour Relations Board for a confirmation that research associates are in NASA’s bargaining unit. If the Labour Relations Board decides in our favour, then negotiations will commence to amend any portion of Part B (Trust Agreement) that may be required.

Articles 3 – 6

See earlier comments under Part A (Operating)

Article 7 – Probation

See comments under Article 8 – Part A (Operating).

Article 8 – Hours of Work

Employees who are scheduled to work for more than four hours are entitled to a ½ hour unpaid rest period.

Article 9 – Overtime

Except in cases of emergency, overtime is voluntary.

Article 11 – Winter Closure Days

There has been an addition to the article to incorporate modified work schedules.

Article 12 – Vacation

After 23 years of employment, employees will be entitled to six weeks vacation.

Article 13 – Illness and Proof of Illness

See comments under Article 24 – Part A (Operating)

Article 14 – Leave

This article has been reorganized into four separate articles that have yet to be renumbered: Compassionate Leave, Leave Without Pay, Maternity and Parental Leave and Witness or Jury Duty.

Compassionate Leave – no change to the provisions.

Leave Without Pay – now includes political leave and leave without pay for elected union officials.

Maternity and Parental Leave – See comments under Article 28 – Part A (Operating) Note: The return to work provisions from the previous Trust Agreement have not changed in this article.

Witness or Jury Duty – See comments under Article 27 – Part A (Operating)

Article 15 – Performance Reviews and Increments

See comments under Article 15 – Part A (Operating)

Article 17 – Benefits

There is no change to the cost sharing for part-time employees. However, the dental insurance plan for part-time employees will include the full basic and restorative services plan currently in place for full-time employees. See comments under Article 31 – Part A (Operating).

Article 19 – Human Resources Development Fund

See comments under Article 33 – Part A (Operating)

Article 20 – Redeployment, Layoff, Notice/Recall

There was no change to the current article with the exception of the requirement for the Trustholder to consult with the employees and NASA in an effort to minimize the negative impact on employees, up to and including avoiding layoffs. The emphasis is to make every reasonable attempt to avoid position elimination and layoff by ensuring that there is meaningful discussion between the potentially affected employees, the Union and the Employer before any action is taken. This includes discussion with employees other than those who may potentially be disrupted to try to problem-solve within the seniority unit to minimize negative impacts.

There will now be two recall lists: one covering all full-time employees, both trust and operating; and one covering all part-time employees, both trust and operating. Trust employees retain their right to recall until they are recalled to a position of their former status and grade (either trust or operating) or 24 months, whichever comes first.

Article 21 – Position Evaluation

See comments under Article 39 – Part A (Operating).

Article 23 – Discipline

See comments under Article 36 – Part A (Operating).

Article 26 – Dispute Resolution Process

See comments under Article 38 – Part A (Operating).

Article 27 – Discrimination and Harassment Complaints

See comments under Article 43 – Part A (Operating).

Article 28 – Salaries

See comments under Article 14 – Part A (Operating)

New Article – Health, Safety and Labour/Management Committee

See comments under Article 7 – Part A (Operating)

New Article – Premiums

The second language premium of 5% will be applied to those who are required to be fluent in a second language.

New Article – Promotions, Transfers and Responsibility Pay

When an employee is promoted, their new base pay can be more than one full increment above their current base pay. Provisions for temporary promotions and transfers (formerly referred to as "secondments") have been clearly outlined in this article and an affected employee must be provided with their terms and conditions in writing. The employee has the right to return to their original job. Their service and seniority will continue as if they were in their original position. They will be paid a premium of 5% of their base pay or the minimum base pay for the position, whichever is greater. Where the position is out of scope, they will be paid a premium of no less than 10% of their base pay. Finally, there will be no change to increment dates on return to their position. We have also included a clause dealing with salary treatment on a permanent transfer.

Appendix L (NEW ) – Letter of Understanding – Trust Employee Position Evaluations

If your position has not been evaluated in the last two years, it will be. Within 30 days of ratification the Employer will notify each Trustholder of their responsibility to initiate a job evaluation, a copy of this letter will be provided to each trust employee and to NASA. Within 90 days of the ratification of this contract, the Employer will conduct at least one training session for all trust employees on how to complete job fact sheets. Any resulting salary adjustment will be effective on the date the job fact sheet is submitted to Human Resource Services.

It is highly recommended that trust employees to whom this applies immediately begin to complete a job fact sheet, which may be downloaded from the Human Resource Services website!

Appendix O – NEW – Memorandum of Understanding – Benefits Committees

This appendix contains provisions for the operation of the current Benefits Advisory and Disability Management Committees.

Appendix P – NEW – Letter of Understanding – Early Retirement Bonus Program

A $50,000 early retirement bonus fund has been established. This is intended to provide a retirement bonus of up to 25 days pay for either operating employees between the ages of 50 and 55 or trust employees between the ages of 50 and 65. To qualify, an employee must have five years of service and the Trustholder must agree.

 


October 30, 2000

NEGOTIATIONS UPDATE

Negotiations Progress Report - as of October 26, 2000

Your Bargaining Committee has been working for forty-six days in an effort to conclude negotiations. Here is a comprehensive report of our progress. Although we had hoped to be able to report a complete settlement, we are not quite finished. Additional bargaining is scheduled for October 31 to November 3. We are all hopeful that a memorandum of settlement can be reached during that period. The Bargaining Committee is attempting to resolve the concerns of the members rather than rushing into a settlement. However, we hope to complete the contract soon.

One of the major tasks for this round has been to clean up the agreement in order to make it more understandable and user-friendly. We believe that we have met this objective. Below are highlights of the progress we’ve made to date. Please note that until the Memorandum of Settlement has been signed, nothing is final!

Agreements in Principle

Article 2 – Employee Types

This article has been reorganized so that there are only two types of employees: regular and temporary (there are still different types of temporary employees). Service of temporaries will now be counted when they exceed 12 months, including granting an increment at the 12th month and full benefits. Also, when the Employer knows they are hiring a temporary for longer than 12 months, they can be hired as a temporary appointed for greater than 12 months right from day one and receive benefits at that time. We have resolved that ISS (formerly TSS) is part of the bargaining unit and represented by NASA.

Article 3 – Union Recognition

We now have an actual union recognition clause. This prevents the Employer from imposing special deals on employees (this was particularly important given the disruption of the former AIS employees).

Article 4 – Union Representation

The Employer has committed to a greater recognition of the union steward program and, in particular, working with the stewards at the job site to resolve issues (this is important for ensuring a positive labour relations environment).

Article 6 – Safety, Wearing Apparel and Tools

Health and Safety Officers on campus have been given the authority to shut down unsafe workplaces (a direct result of discussions during bargaining). Students will be oriented to established health and safety practices to promote the safety of our members. Outside contractors will be required to be fully compliant with the University’s health and safety practices. Also, where employees are exposed to dangerous substances, they will be immediately notified, given information regarding potential medical conditions and long-term effects, and records will be kept in the event of future illness. The Director of Health & Safety will immediately notify the Union of any serious accident, injury or incident that could have caused significant injury to a NASA member. Current employees who are required to wear CSA protective footwear will receive $100 upon signing of the contract and $12 per month thereafter to pay for the required footwear. Temporaries under 12 will receive $12 per month until they reach the 13th month, at which time they will get $100. The Director of Health & Safety is required to determine whether any protective apparel or footwear is required. If required, it must be provided and replaced when necessary.

Article 7 – Health, Safety & Labour/Management Committee

We have established a Joint Health & Safety Committee, which provides NASA with the opportunity to speak directly to senior management regarding NASA members’ health and safety concerns. It gives us the opportunity to coordinate the safety concerns on campus and have them addressed at a meaningful level.

Article 8 – Probation

We have clarified that there is only one probationary period and a temporary employee serves it in their first six months. In addition, there is no requirement to repeat a probationary period when an employee moves from a trust to operating position or from a temporary to regular position.

Article 15 – Performance Reviews and Increments

The most significant change here is the agreement that performance management needs to be improved through a continuous two-way process of communication that benefits both the employee and the employer. We expect that performance reviews will become more accurate and the focus will be on enhancing job skills. Withholding of increments is now specifically identified as a disciplinary action and is now clearly a grieveable matter.

Article 18 – Service

Service will now be calculated from the first day of hire. A temporary employee under 12 will only forfeit their service during their first year of employment at the University, if they voluntarily change their employing department. In addition, service is now transferable when a person moves from a trust to an operating position or vice versa.

Article 20 – Position Disruption

The Article has been re-written for clarity. The emphasis is to make every reasonable attempt to avoid position elimination and layoff by ensuring that there is meaningful discussion between the potentially affected employees, the Union and the Employer before any action is taken. This includes discussion with employees other than those who may potentially be disrupted to try to problem-solve within the seniority unit to minimize negative impacts. The process is now more transparent with the removal of the secrecy provisions imposed on the Union.

Article 21 – Promotions, Transfers and Responsibility Pay

The increment cap has been lifted during a promotion - the new base pay must be at least one full increment above the employee’s current base pay. Provisions for temporary promotions and transfers (formerly referred to as "secondments") have been clearly outlined in this article and an affected employee must be provided with their terms and conditions in writing. The employee has the right to return to their original job. Their service and seniority will continue as if they were in their original position. They will be paid a premium of 5% of their base pay or the minimum base pay for the position, whichever is greater. Where the position is out of scope, they will be paid a premium of no less than 10% of their base pay. Finally, there will be no change to increment dates on return to their position.

Article 23 – Annual Vacation

Trust employees will now receive the same provisions as Operating employees (current Article 12 of the Trust Agreement.)

Article 26 – Special Leave

Where an employee uses the maximum entitlement of special leave in a year, they will be provided with additional compassionate leave if needed

Article 28 – Maternity and Parental Leave

This article has been up-dated to reflect the new federal regulations. The provisions now include: maternity leave up to 12 months; parental leave up to 37 weeks in the case of the father; if both parents are employees of the University, both can take advantage of the leaves. Temporary employees under 12 months will be entitled to apply their unused illness entitlement to the illness portion of their maternity leave.

Article 33 – Human Resources Development Fund

The fund has been increased to $500,000 per year. Individual entitlements increase for regular employees to $750 (from $500) and for temporary employees to $500 (from $250). Future years entitlements may be combined to a maximum of $2,250 when a specific program of studies has been approved.

Article 36 – Discipline

The employer must now follow a particular course of action with respect to discipline. The length of time a disciplinary document can remain on a person’s file has been reduced from 36 months to 24 months.

Article 39 – Job Evaluation

If your position is re-evaluated to a higher grade, you will get a raise and your performance increment date will not be affected.

Outstanding Issues

Article # and Title NASA’S PROPOSALS EMPLOYER’S PROPOSALS
Article 2 – Employee Types Go to the Labour Relations Board (LRB) for a determination of whether casuals are currently included in the bargaining unit.

Improve the terms applicable to Apprentices.

If the LRB says that casuals are included, then the Employer will bargain their terms and conditions.

 

No change to the current application for Apprentices.

Article 9 – Hours of Work

 

 

 

Clarify what applies and how when a member isn’t working a regular Monday to Friday schedule to ensure at least one weekend off every 21 days; convert entitlements for illness and special leave; provide a penalty (overtime) for not giving notice of a change to hours of work; ensure no scheduled split shifts.

A written schedule for 12 hour shifts at the Heating & Cooling Plant and Control Centre.

Awaiting Employer’s response.
Article 11 – Overtime/ Article 12 - Callback Overtime is voluntary.

Pay overtime and callback pay in the month it is worked when it is worked prior to the payroll cutoff date.

Entitlement to 16 clear hours between shifts (currently 8 hours).

Callback and Standby also apply to Trust.

Awaiting Employer’s response.
Article 16 - Premiums

 

Second language premium to be included in the Trust Agreement.

Market Supplements: either the Employer or the Union can propose a job category that may require an adjustment in pay to deal with recruitment & retentions issues; and the parties go to arbitration if they cannot agree on the amount.

Awaiting Employer’s response.

 

The Employer agrees that either party can raise the issue; however, the Employer is only prepared to go to arbitration when they have raised the Market Supplement issue.

Article 20 – Position Disruption Major improvements have been made to this article but a couple of issues remain outstanding:
  • "like" positions in the same seniority unit be the criteria for applying the provisions of this article.
  • severance be four weeks/year of service to a maximum of twelve months
  • seniority units be enlarged.
 

 

  • Current language; i.e. the positions must be "identical".
  • Current language; i.e. 75% of one month’s pay/year of service to a maximum of twelve months.
  • Discussions just beginning.
Article 24 – Illness and Proof of Illness

 

 

 

 

Illness & Proof of Illness – cont’d

Procedure for reinstatement and accommodation of employees who have been off on sick leave and unable to return to their former job.

For the purposes of a Medical Board, an employee would have the right to propose a physician to sit on that board.

When an employee works part-time while awaiting treatment or when returning on a rehabilitation plan, they earn vacation credits on a pro-rated basis.

A joint submission to the Board of Governors that a policy be created requiring all vacant NASA positions be posted; criteria for competitions be developed (this would assist with accommodation of employees back to work).

Awaiting Employer’s response.
Article 32 – University Courses We are considering this proposal. Non-credit courses also be approved in the same manner as University credit courses with the same entitlement.
Appendix G – Consultation on Contracting Out Strengthen the consultation part of this appendix. Current language.
Appendix H – Interim Staffing Solutions Employment Guidelines Continuing increments after each 1820 hours worked; payment for winter closure for employees who have worked two weeks prior to the break; payment for paid holidays while on vacation; notice when an assignment is ending early; recognition of service when transferring to a regular or temporary position. Current language.

Monetary Issues

Item NASA’S PROPOSALS EMPLOYER’S PROPOSALS
Shift Differential $1.50 per hour for all hours worked (when at least 60% of the hours fall between 1500 and 0700 hours); includes Trust. Awaiting Employer’s response.
Weekend Differential $1.10 per hour for all hours worked between 1500 hours Friday and 0700 Sunday; includes Trust. Awaiting Employer’s response.
Meal Allowance Meal allowance raised to $10 (from the current $6), to offset the fact that meal allowances are a taxable benefit; includes Trust. Awaiting Employer’s response.
Standby $22 for a regular work day and $30 for a day of rest/paid holiday ($8 increase to both amounts.); includes Trust. Awaiting Employer’s response.
Salaries

 

 

 

 

 

An increase of 6% to all base rates of pay, effective April 1, 2000; a separate cheque be cut for the retroactive salary payment.

A further 6% increase, effective April 1, 2001.

New hired temporaries get 80% of the base rate (currently 75%).

Steam Engineers, Power Plant & Cooling Plant Operator IIs will receive accelerated increments (one every six months) to a maximum of Step 7 to deal with the problem of retention in this group.

Awaiting Employer’s response.
Retirement Bonus No cap on the retirement allowance (currently it is 25 days). Awaiting Employer’s response.
Vacation Pay for New-Hired Temporaries and Trust Employees 12 Months or Less New-hired temporaries and trust employees appointed for 12 months or less receive the same vacation pay as all other temporaries – i.e. 6%. Awaiting Employer’s response.
Benefits Remove cap on dispensing fees.

Need to address continuing the Benefits Advisory Committees.

Add family mediators to the list of approved providers under Article 4.05 of the Master Policy for Supplemental Health;

Increase the allowance for vision care to $200.00 every two years.

Change major restorative services to "reimburse 60%"; also include lab fees in dental costs;

Part-time employees to be covered by the entire Dental plan;

Delete Article 5.08 re: TMJ;

Ensure the monthly maximum of Long Term Insurance (LTDI) is in keeping with the maximum on the pay scale – this will require amendment to 31.06 (b) and (f).

For Trust part-time employees, the Employer pay 100% of the premium costs.

Awaiting Employer’s response.

APPLICATION FOR TRUST EMPLOYEES

We are working towards fewer differences in the provisions between Part A and Part B of the Collective Agreement. The following table identifies areas where there may continue to be different provisions:

 

Article # and Title NASA’S PROPOSALS EMPLOYER’S PROPOSALS
Article 14 – Leaves (Trust) Same provisions for maternity and parental leave as in the Operating Agreement.

The balance of the article is yet to be discussed.

Employer has agreed with the maternity and parental leave proposal.
Article 20 – Position Disruption (Trust) This article has yet to be discussed.  
Letter of Understanding – Job Evaluations (Trust) All trust positions that have not been evaluated in the previous 2-year period are to be evaluated no later than December 1, 2001.

Retroactivity for any grade reassignment to December 1, 2000.

The Employer agrees with the necessity for re-evaluation.

 

Awaiting response on time lines and retroactivity.

 


For Further Information contact your Union Steward, Council Representative, Joy Correia, Focus Chair, 3623, joy.correia@ualberta.ca  , or Barbara Surdykowski, Business Manager, 439-3181,  barbara.surdykowski@ualberta.ca


October 3, 2000

NEGOTIATIONS UPDATE

PROGRESS CONTINUES AT THE TABLE

The following highlights some of the more significant areas that have been discussed or signed off during the past two weeks:

Promotion

  • Employees can have more than one increment upon promotion.

Temporary Promotions & Transfers (NEW)

  • Secondments are now temporary transfers—all temporary promotions & transfers will have terms and conditions provided in writing to an affected employee, including provisions for return to their former position.

Performance Increments

  • Denial of an increment is considered a disciplinary measure that can be dealt with through the Grievance Procedure.
  • No change to increment dates when jobs re-evaluated.

Leaves

  • Updates have been made to maternity and parental leave reflecting Employment Insurance changes.
  • Additional compassionate leave can be granted when ten days special leave has been used within a fiscal year.

Probation

  • Temporary employees, who become regular employees in the same position, can have their probationary period reduced by the total number of months completed as a temporary.

HRDF

  • Tentatively, the fund will be $500,000 with $750 year for regular employees.

Bargaining will resume on October 10th for a further two-week period. The agenda includes the following: Paid Holidays, premiums for working Winter Closure, Annual Vacation and salary/premium increases. This session will also be important as we will begin with a discussion on service & seniority, employee types, and collective agreement application to those employee types.

Look for a new Negotiations Update during the week of October 23, 2000.


For Further Information contact your Union Steward, Council Representative, Joy Correia, Focus Chair, 3623, joy.correia@ualberta.ca or Barbara Surdykowski, Business Manager, 439-3181,  barbara.surdykowski@ualberta.ca


September 14, 2000

NEGOTIATIONS UPDATE

PROGRESS BEING MADE AT THE TABLE

The parties have signed off a number of articles and are close to signing off several others. The following highlights some of the more significant achievements:

Union Recognition (NEW)

  • NASA is now officially recognized in the collective agreement as being the bargaining unit for all general support staff employees of the University.

Union Steward

  • NASA’s right to call its Union Stewards by that name has been recognized and is now reflected in the collective agreement.

Health & Safety

  • A joint committee will be formed that has the authority to identify and pursue resolution of health & safety issues.
  • Where members are exposed to an unsafe situation or substance, they will be provided with information on the associated risks and/or medical monitoring required.

Discipline

  • A progressive discipline procedure will be defined in the collective agreement.

The next bargaining session is scheduled to run for two full weeks beginning Monday, September 18, 2000. The agenda for this session includes: Leaves of Absence (including new parental leave provisions); Grievance and Harassment procedures; discussion of the definitions of service, seniority and transfer between trust and operating positions; and the Job Evaluation System.

Look for a new Negotiations Update during the week of October 2, 2000.


For Further Information contact Joy Correia, Focus Chair, 3623, joy.correia@ualberta.ca
  or
Barbara Surdykowski, Business Manager, 439-3181, barbara.surdykowski@ualberta.ca

750 Extension Centre
8303 - 112 Street
Edmonton, Alberta T6G 1K4
Phone: (780) 439-3181
Fax: (780) 433-5056

Email: nasa@gpu.srv.ualberta.ca


April 18, 2000

NEGOTIATIONS UPDATE

BARGAINING RESUMES

Following a second day of mediation on Tuesday, April 11th, your bargaining team decided to return to the table to continue their job of negotiating on your behalf for a new collective agreement. The bargaining team members were unanimous in their belief that the issues and concerns, which caused bargaining to come to a halt, have been addressed in a meaningful and concrete manner.

At the end of the day, both parties agreed and signed off on twelve principles that will guide the relationship between NASA and the University, both during the bargaining process and during the period between collective agreements. Several key principles are:

  • Each bargaining committee is entitled to assume their counterpart has a decision making mandate, subject to the occasional need to consult and subject to ratification.
  • A recognition that, to succeed, a bargaining relationship needs to be based on a high level of trust, frankness and honesty between both the University and NASA as organizations and between those individuals involved in the process of labour relations; and
  • A recognition on both sides of the importance to the continuation of a mutual gains bargaining relationship to consult with each other over issues that may significantly impact on the interests of those in the bargaining relationship.
  • The parties agree that, in decisions that affect the interests of employees of the University, it is important that University decision makers consider those interests when deciding upon a course of action.

On Thursday, April 13th bargaining resumed. The agenda for the regular bargaining schedule, of every Thursday and Friday, was determined and full bargaining will now resume following the Easter weekend. On April 27th the agenda items are: Preamble (a.m.) and Health & Safety (p.m.). On April 28th the agenda items are: Stewards and Union Representational Issues (a.m.) and Job Evaluation (p.m.). The Union has withdrawn the bargaining in bad faith complaint from the Labour Relations Board.

In the meantime, with respect to AIS, the Union presented an alternative proposal to Glenn Harris on Wednesday, April 12th. While the final decision with respect to AIS lies with the Board of Governors, we firmly believe that the plan we have proposed is in the best interests of our members at AIS and the university as a whole.

The Union is also pursuing policy grievances to ensure the rights of our members at AIS are protected.


For Further Information contact Joy Correia, Focus Chair, 3623, joy.correia@ualberta.ca
  or
Barbara Surdykowski, Business Manager, 439-3181, barbara.surdykowski@ualberta.ca

750 Extension Centre
8303 - 112 Street
Edmonton, Alberta T6G 1K4
Phone: (780) 439-3181
Fax: (780) 433-5056

Email: nasa@gpu.srv.ualberta.ca


April 14, 2000

NEGOTIATIONS UPDATE

NASA's Plan for IS (Information Systems)

INTRODUCTION

It is ironic that the University of Alberta should be considering outsourcing its entire Information Systems at a time that it is also aggressively marketing this University. It has been indicated by the President of the University that the "pursuit of excellence" does not just lie in the field of academia but also in all the support systems that exist in this University. It makes a great deal of sense to recognize that when prospective faculty and students are considering which university they will choose, they will examine not only strictly academic criteria but also examine the support systems in place and the opportunity to develop and disseminate academic knowledge. For example, a student will be interested in the ease of the registration process, the accessibility of records, the possibility of practical study on campus and the prospect of future employment both on a temporary and permanent basis.

So what kind of message does the University of Alberta send when they outsource the entire Information System of the University? To the public the message appears to be: "We, a higher education institution with both management and computer technology faculties, cannot manage our own internal information system". To the faculty and students the message appears to be: "We, your employer, are giving total control over your records, pay and administrative processes to an outside third party who does not have the integral commitment to students and faculty that we have". To the staff (even if not directly affected) the message is the most devastating: "We do not care. We do not care about your past contributions. We do not care about your future."

All of these messages do great damage to the "center of excellence" concept which this University is attempting to foster.

NASA is also committed to the concept of this University as a "center of excellence". It is to the benefit of employees that the U of A take a leading role – this will provide ongoing development, continuing challenges and generally provide satisfaction in being employed at the University.

It is because of this shared commitment that NASA finds it so incomprehensible that the University seems bent on not only throwing away a very valuable resource – highly trained employees – but also bent on avoiding taking a leading and innovative role in the field of Information Systems in the area of Higher Education.

We believe that the University of Alberta does have a great opportunity available to it at this point in time. We believe that the current approach recommending outsourcing of IS is one of avoidance and is regressive. We also believe that the decisions are not based on sound business rationale and that most of the problems have now actually been solved and outsourcing will not solve many of the remaining problems.

This submission proposes to, firstly, examine the reasons provided to the University community for pursuing the outsourcing option, secondly, review some of the actual problems of Information Systems (generally referred to as "IS") and thirdly, examine the limitation of outsourcing both locally and generally and finally, propose some alternatives.

========================================

WHY IS THE UNIVERSITY OUTSOURCING?

When the University’s plan to outsource AIS was announced to staff on March 16, four basic reasons for the decision were given:

  1. Project and Executive Sponsors have spent excessive amounts of time on the implementation program and if that time commitment were to continue, it would take away from "teaching and research core competencies".
  2. The University is seeking stable, predictable costs.
  3. The University was encountering difficulties retaining trained staff because it could not compete for those staff in the marketplace.
  4. There was a perception on the campus that the AIS department had, in effect, failed to do a good job.

These reasons are also contained in the presentation material on the AIS website (page 4) and have been reiterated by management staff since March 16.

Are these valid reasons for outsourcing AIS? An objective review would lead to a negative answer, in our opinion.

First of all, it is critical to note that: the new systems have now essentially been implemented. THE DIFFICULT AND EXPENSIVE PROCESS OF DEVELOPING AN EXTENSIVE INFORMATION SYSTEM IS VIRTUALLY COMPLETE. The work now to be done is the ongoing maintenance, delivery and upgrading of the PeopleSoft systems. That the University would seek to outsource AIS at this point appears to be highly unusual! A review of the literature indicates that the majority of companies outsource their Information Systems at the commencement of the introduction and development of new systems since the initial investment in hardware and the "development growing pains" can be excessive. (See, for example "Beyond the Information Systems Outsourcing Bandwagon", Rudy Hirschheim and Mary Cecelia Lacity, New York: John Wiley & Sons, 1995.)

Time Commitments

Since the PeopleSoft systems have now been implemented, it is clear that the ongoing time commitments are lessening. Quite frankly, the answer to the University’s first concern is self-evident: the time commitment will NOT continue at the same level. For example, upon final implementation this spring, the staffing levels of AIS will be approximately one-half of what they were at the height of the development stage. (We will be discussing some of the developmental problems later.)

We suggest that the concern about time commitments by Sponsors etc. is more a function of: (1) the lack of knowledge of IS on the part of many University management staff and (2) the inefficient decision-making structure of AIS.

Most companies that implement comprehensive computer and information systems suffer from the same malaise: most management have difficulty comprehending and appreciating all aspects of the "computer world". The response is an all too human one: get rid of the responsibility of things you don’t understand! This problem of lack of comprehension has been compounded at the University of Alberta. The management of the AIS project has been spread out amongst many "sponsors" and AIS Steering Committee members (11 Sponsors and 30 Committee members!). This is an inappropriate management model for such a technically unique aspect of this University’s business.

There must, of course, be ongoing involvement of the academic community in AIS – but that requirement will not diminish with outsourcing. In fact, we suggest that MORE time will be spent by the academic community in its interactions with an outside vendor since any such party will have to undergo extensive education as to the culture of this University.

We suggest that this first concern is and can be met by (1) the fact that PeopleSoft has now been implemented and time demands by University Management outside of AIS will diminish and (2) devising a more efficient management structure with a concurrent education program for the general university population on the general aspects of the IS world.

Stable Costs

As stated earlier, this is a very odd juncture at which the University is considering outsourcing. THE MAJOR EXPENDITURES ARE IN THE DEVELOPMENT AND IMPLEMENTATION PROCESS. THIS HAS NOW BEEN ACCOMPLISHED! There will be some ongoing and less than predictable costs – especially in the area of upgrades to the PeopleSoft systems. For example, PeopleSoft is now considering separating the human resources from the student software systems. Should this University proceed with such an upgrade a vendor will inevitably recover such costs from the University in any case.

The number of modifications to the PeopleSoft software on this campus has made the element of unpredictability of costs inevitable. It is time to acknowledge the facts of life: this university will pay for that added complication regardless of whether the AIS function is retained or outsourced.

Some literature suggests that outsourcing can in fact lead to added costs. The general experience appears to be that there may be cost savings in the initial portion of an outsourcing contract but that continued outsourcing usually proves to be more costly. If a party seeks to terminate such an outsourcing relationship, costs become truly prohibitive. ("Beyond The Information Systems Outsourcing Bandwagon", Rudy Hirschheim and Mary Cecelia Lacity, New York: John Wiley & Sons, 1995).

Retention of Trained Staff

The collective agreement between NASA and the U of A provides the parties with the ability to negotiate market supplements for employees in cases such as this (Article 16.05). In fact, in 1998, NASA identified retention of trained computer staff as an issue for the U of A and by correspondence dated June 27, 1998, requested the U of A to negotiate market supplements for CNS employees (many IS functions were then performed by CNS employees). THE UNIVERSITY REFUSED TO NEGOTIATE MARKET SUPPLEMENTS. Since the announcement of the decision to outsource, NASA has learned that some small number of employees have in fact received market supplements and other trained staff were hired on "individual contracts" at an average wage of $120 per hour.

The University has the ability to encourage staff retention; it will not escape market forces by outsourcing, since the contractors all encounter the same issue of staff retention. The big difference is that the University will lose control over the ability to offer innovative incentives for trained staff to stay in the employ of the University.

It is very odd that, while the University is putting together an innovative ‘Integrated Marketing" proposal, they have neglected any new approaches to staff retention in this highly critical area. Information Systems is a major area of study (typically found in Management Studies and Computer Faculties) and there are many possibilities of interrelating those faculties with the AIS department. For an example: salary is not the only issue for staff – the ability to spend a set portion of your work time in research and development or in teaching or learning on a broader basis would be very attractive for many people. An example of such an innovative approach is found at the Purdue University where departments will sponsor existing employees for training programs. Purdue found that this program was in fact cheaper than hiring outside consultants. ("The Chronicle of Higher Education", October 28, 1999.) To our knowledge, there has been no effort whatsoever to devise any innovative approaches to attracting and retaining valuable skilled staff in the IS area at the University of Alberta. We believe that the current situation of AIS in fact presents the U of A with a remarkable opportunity to truly become leaders in creative marketing. The added bonus to such an approach is that it would doubtless help attract students and faculty as well as permanent staff.

The Public Image of AIS

We agree that this is a problem. However, the fact that it is a problem bodes ill for the future of "Integrated Marketing". How can we expect to sell the University of Alberta to its own staff and faculty and then to prospective students and faculty if we cannot even "sell" the AIS department internally? We believe that this problem is the result of management failing to recognize that the remainder of the University should have been fully educated in the process that the University was undergoing.

It is clear to us that the last five years have been very rocky. However, this should not be a surprise to anyone with an appreciation of the enormity of the changes contemplated by implementing PeopleSoft throughout the Human Resource, Finance and Student areas. As one employee pointed out, the systems had been stable for a very long time and people had forgotten the enormous disruption the campus underwent when those systems were first implemented. Clearly there had been inadequate preparation and education of the campus prior to and during the development of these systems. Also, as problems were encountered there was a real reluctance to publicly admit that the project was encountering problems. We have found that when employees are told that there are problems to expect and why those problems occur, they are willing tolerate them. In other words, if you admit to mistakes, people will understand.

The current decision to proceed with outsourcing will create an even bigger PR problem. What the University will be saying is: "we made a mistake and you are going to pay for it". The fact of outsourcing will result in the message "your perception that AIS is dysfunctional is correct and we have terminated all those employees who are responsible". Again, many of the problems encountered were developmental problems. Now that the system is in place – because EMPLOYEES have implemented it and fixed most problems – we reward their hard work by placing blame fully on their shoulders and terminating their jobs. This message is being heard, loud and clear, by employees throughout this campus.

========================================

WHAT ARE THE REAL PROBLEMS WITH AIS?

In surveying the approximately 60 seconded and temporary employees of AIS, it has become clear that no one has asked these highly trained people for their input into the problems of AIS. Instead, we have been told that the University’s research into alternatives of providing IS consisted only of:

  1. The Associate V.P. of Information Systems speaking with the Government of Alberta and PSC about the government outsourcing of financial records to IBM;
  2. Other Universities were contacted and it was found that no other University in Canada had outsourced their Information System;
  3. The U of A commissioned two studies as to what companies were:
    1. interested in contracting with the U of A for IS;
    2. what companies were capable of contracting with the U of A for IS. (See the presentation entitled "AIS Past Present & Future, page 9. The item "compelling evidence supported investigation of alternate solutions" consisted solely of the X-Wave and Gartner Reports!)

One of the fascinating thing about this process is that the presentations regarding the outsourcing decision (and in fact the RPF itself) refer to the fact that PSC (now wholly owned by IBM) was consulted extensively prior to the studies being conducted and coincidentally is the only company identified as fully capable of contracting IS with U of A! Unfortunately this "coincidence" does some serious damage to the credibility of the entire RFP process. Furthermore, it is not appropriate to compare the Government’s experience with outsourcing since they have only outsourced their Financial and Human Resources systems.

We have contacted the majority of the employees of AIS and asked them what they perceive to be the major problems facing AIS. The following represent an overview of some comments. Specific quotes are appended to this submission.

Excessive Modifications

Some employees identified the root of the problem being the selection of PeopleSoft and suggest that the University should have created their own systems. In our opinion, it is fruitless to debate this at this stage but it is important to keep in mind when evaluating the development process. What the vast majority of employees surveyed did identify as a major problem is that, due to the University’s unwillingness to change its systems and approaches to fit with the software, innumerable modifications were made to the PeopleSoft programs. And this appears to have been the major problem with the implementation of the new systems. As one PeopleSoft expert from outside the U of A explained: "If your business processes don’t change there will be big problems"… because of the complexity of PeopleSoft. As he explained, the Higher Education module has about 3500 tables and a change in one will affect many others.

The lack of a strong centralized management structure resulted in a lack of direction as to limitations placed on modifications. Employees were instructed to attempt to meet the demands of other departments and faculties for modifications to the software which led to a nightmare situation. Unfortunately, the nightmare is not over. Because of the extensive number of modifications to the software, the cost of upgrading the systems will be very expensive – a cost that the University will have to bear regardless of whether they outsource or not. While it might be easier to have an outside contractor tell a particular faculty it must change its systems to make PeopleSoft run better, the University runs the very real risk that an outside contractor will not appreciate what modifications are truly important to a University environment. The most effective way of dealing with this problem is to create a task force to examine what University processes should change in order to minimize the costs of administering AIS. Such a task force MUST be given the authority to REQUIRE changes be made if it is determined that such changes are essential. We would further suggest that there is a role for outside expertise on such a task force. Together with internal staff, they could provide an objective evaluation and plan of action.

Use of Contractors

Many employees identified the use of contractors as contributing to the problems encountered by AIS. First of all, it should be appreciated that PeopleSoft presents an entirely different approach to software development. As one outside expert put it, "it requires a whole different set of tools". It presents a very different approach in the world of computer expertise (he went on to point out that the average age of trained PeopleSoft personnel was 29). As one of the employees pointed out, most of the contractors did not have experience in PeopleSoft – most people, whether contractors or employees – were in the position of having to train and gain actual experience. So many employees found themselves in a position of working next to someone who had no more experience than they did, who had no ongoing commitment to the U of A and who were earning an average of $120/hour – and had little accountability. Generally, we are of the opinion that the very high cost of consultants (there were up to 60 consultants at any one time in AIS) was a poor allocation of resources. Having said that, it should be recognized that apparently most of the contractors were hired for the development stages of AIS. However, we believe that this problem should be recognized and the University should instead be putting its resources into developing its internal staff, as did Purdue University

Disaffection of Current Staff

It is highly instructive to talk to staff about some of the implementation problems. For example, it is not a surprise that there were some big problems in the implementation of the Human Resources component in view of the fact that the development team was ordered to do a complete handover to the implementation team after only three weeks. The AIS staff believed a run of three months to ensure that "bugs" were worked out was critical to successful implementation. They were not listened to. There were many such issues. Finger pointing at this stage is not constructive – but it is nonetheless important to understand why these problems occurred. It is particularly important to understand this so as to appreciate the phenomenal level of bitterness we have encountered amongst the current staff of AIS. This bitterness is likely to contribute to the costs that the University will encounter since it clearly will affect staff retention.

It cannot be overemphasized that the current staff feel that they have been made the scapegoats for mistakes not of their making. It must also be remembered that as late as December 1999 they were told that AIS had now become a permanent department and their jobs were in the process of becoming permanent. Many of the staff – both seconded and project temporaries – are seeking employment elsewhere. Their PeopleSoft skills make them highly marketable people on a worldwide basis. They are not eager to offer their skills to a contractor selected for the U of A, since they are so disillusioned as to not want any further relationship with the U of A. Their loyalty to this employer is fast disappearing (if any is left intact). Many are unlikely to remain until a contractor takes over, if that is the final outcome. This disaffection is not only a problem in AIS – it is also infecting CNS. Many CNS functions appear to be included in the Request for Proposals, e.g. servers are currently within the CNS Department. CNS seems to be very unclear as to its future, resulting in CNS staff seconded to AIS being told it is not clear whether their former jobs will exist. Uncertainty and disillusionment is rampant. Needless to say, the University can ill afford to lose such highly trained and skilled staff.

========================================

IS OUTSOURCING A VIABLE OPTION?

Again, it is highly instructive to discuss the issues with current staff. Just recently, some of the staff attended a PeopleSoft conference for " Higher Education" users in Dallas. They uniformly report that the consensus amongst universities who have implemented PeopleSoft (particularly the Higher Education or student system) is that contracting out does not work in a University environment. It is generally agreed that Universities present a highly specialized culture which makes it difficult for a contractor to perform its obligations satisfactorily. In an article entitled "Technology Outsourcing: The Results are Mixed" (The Chronicle of Higher Education, October 29, 1999) it is reported that less than 2% of the U.S. colleges and universities now outsource their information-technology systems. That article suggests a few successes where some smaller universities required major hardware acquisition and the establishment of computer networks. Otherwise, it was reported that there have been many rocky relationships with contractors, some resulting in lawsuits.

It is our information that no post secondary institution in Canada has outsourced its PeopleSoft Information Systems.

Inquiries made of people experienced in PeopleSoft, outside of the U of A, has provided the information that there is a major shortage of trained expertise in the "Higher Education" system. There apparently is no such expertise available in Canada (outside of the few institutions who have trained in-house) and that is mirrored in the X-Wave report where it is clear that not even IBM has "student admin" people in Canada. Instead, they are reported to have 20 such people "worldwide". Apparently this lack of trained personnel will worsen over time since approximately 70 to 80 universities in the U.S. had purchased the Higher Education systems prior to this year but had waited until the passing of the "Y2K" issue before commencing the development and implementation.

Outsourcing Generally

As the authors of "Beyond the Information Systems Outsourcing Bandwagon" report, the announcement in 1988 of Eastman Kodak that they were outsourcing their Information System to IBM, DEC and Businessland started the trend of outsourcing IS. Twelve years later, it is clear that that trend is reversing. Kodak has recently announced it is insourcing some of its IS functions. This appears to be a result of a new commitment to better employer/employee relations. (See "A New Relationship with Employees", The CEO Series, Center for the Study of American Business, Washington University, St. Louis, MO, March 1997.) Here in Alberta, Telus is in the process of insourcing its IS functions and is terminating its contract with IBM. This latter information is particularly interesting since Telus is a "partner" of this University and it appears that no one has canvassed Telus as to their experience and their reasons for now insourcing.

Companies are recognizing that first of all it is important to maintain control of such an integral part of their business and second of all, that it is generally more cost efficient to "in-source".

The two studies produced by authors Mary Cecelia Lacity and Rudy Hirschheim (both published in the "Wiley Series in Information Systems") are very enlightening as to the effectiveness of outsourcing. Both studies were published at the height of popularity of outsourcing. The first study "Information Systems Outsourcing" published in 1993, examined 13 companies who outsourced and interviewed 30 individuals involved in the outsourcing process. Overall, the study accepted that outsourcing was a fact of business life and aimed to provide a balanced view so as to provide useful direction to companies embarking on outsourcing IS. Some of the findings are instructive. In two of the firms studied, the companies found they lost access to business expertise because the contractor hired trained personnel from the company and then placed them in other locations or contracts which were more lucrative to the contractor. This kind of scenario is all too likely to occur here when there is such a worldwide shortage of experienced PeopleSoft personnel – especially in the Higher Education system.

Many participants of the study also reported that cost savings achieved by outsourcing could have been produced internally. This is mirrored by one of the conclusions of the study: that the decision to outsource is often a political decision and not one based primarily on cost issues.

Based on their research, the authors state "outsourcing clients must negotiate a sound contract to ensure their outsourcing expectations are realized" and proceed to provide strategies. We believe the following quotes are particularly apropos:

"The first step to a successful outsourcing arrangement is to realize the outsourcing vendors are not partners because profit motives are not shared. Claiming that vendors are partners is like claiming that Chrysler is a partner just because you purchase a LeBaron. The danger in viewing the outsourcing vendor as a partner is that the customer may sign a very loose agreement.. Customers may subsequently be charged excess fees for services that they assumed were in the contract…." (pp. 242-243).

"…the IS employees will be dramatically affected by the outsourcing decision. Companies have a social responsibility to treat these people fairly; that includes informing them of the decision as soon as possible and helping them secure positions elsewhere… In typical outsourcing arrangements, the vendor will hire the majority of IS employees for a one-year trial basis… (p. 255).

The RFP does not, in any way, address the issue of employees who will be displaced by outsourcing. This is a rather telling indicator of the University’s attitude towards its employees.

The summary presented in chapter 8 of "Information Systems Outsourcing" contains some highly instructive "lessons". The first "lesson" which resulted from the study was:

"Public information sources portray an overly optimistic view of IS outsourcing."

The authors found that failures were under-reported. Generally they found that what was reported was projected savings – not actual savings. "Public sources neglect to report that some outsourcing clients are charged exorbitant excess fees for above baseline measures." (p. 256).

The authors also reached the following conclusions:

  • "An outsourcing vendor may not be inherently more efficient than an internal IS Department" (p. 259)
  • "The internal IS department may be able to achieve similar results without vendor assistance" (p. 259)

The same two authors conducted a further study on outsourcing versus insourcing resulting in the publication of "Beyond the Information Systems Outsourcing Bandwagon" (1995). Considering the current trend to insource IS, this study proved to be somewhat prophetic. The authors examined the insourcing experiences of seven companies and interviewed 24 participants and interrelated this study with their previous one.

Some of the conclusions reached by the authors are very relevant here. They state that many senior managers believe that outsourcing IS is no different from outsourcing other non-core business functions such as legal administrative, and custodial services. "This appears to be the direct result of companies abandoning diversification strategies to focus on whatever it is they believe to be their core competencies." The authors go on to find:

"Based on our research, however, we conclude that IS is not like other organizational resources which have been successfully outsourced in the past. In particular, there are six characteristics associated with IS which make it different from other outsourcing candidates. These distinctive features, which were developed in Lacity, Willcocks, and Feeny (1994) and Lacity and Willcocks (1994) are:

  1. Information technology evolves rapidly.
  2. The underlying economics of information technology (IT) changes rapidly.
  3. The penetration of IS to all business functions is ubiquitous.
  4. The switching costs to alternative ITs and IS suppliers is high.
  5. Customers’ inexperience with IS outsourcing.
  6. IS management practices rather than economies of scale lead to economic efficiency." (p. 218)

The authors conclude that "Total outsourcing is a poor IS strategy for most companies because it fails to capitalize on the inherent cost advantages of internal IS departments," (p. 223) and actually recommend, "Selective sourcing, which capitalizes on the inherent advantage of both internal IS departments’ and external vendors’ inherent cost advantages is recommended". (p. 224).

We believe that this recommendation is appropriate for the University of Alberta. We would suggest that the overall administration and systems management would be more efficiently performed "in-house". There may be some rationale for outsourcing projects which are short-term, for example, a particular upgrade to a system. There have, of course been developments since 1995, but the analysis which these authors recommend is essential and should be undertaken to see what business decision is the right one for the University of Alberta.

========================================

CONCLUSION AND RECOMMENDATIONS

The current situation of AIS presents a unique opportunity for some innovative management initiatives. The University is, after all, in a uniquely well-placed position to tap into a tremendous wealth of resources. It also presents an opportunity to develop and enhance labour relations while pursuing those initiatives. NASA is prepared to work with the University to address the issues and find solutions that make business and labour relations sense.

First of all, we believe the University should put this headlong plunge into outsourcing on hold in order to provide a meaningful reflection of the shared needs and objectives of the University and its employees. This is our opportunity to pursue creative approaches consistent with the "Integrated Marketing" proposal and to recognize and acknowledge the valuable resource the University has in its highly skilled staff.

We would propose a streamlined management structure and the contracting of a highly skilled manager knowledgeable in the Higher Education systems of PeopleSoft. This person should report directly to the VP of Finance, Glen Harris, and to the VP Academic & Provost, Doug Owram. This manager should be given the responsibility of not only managing the ongoing business of AIS but also to set up the Task Force which we referred to earlier. We would envision that the current staff of AIS would be participants in this process. This manager must be given the power, upon approval from the two VPs, to actually implement changes that the Task Force finds are necessary to create a good IS department. Part of the mandate given the Task Force must, of course, be to examine the question of "rightsourcing" as Lacity and Hirschheim put it.

The University must involve staff in this process. In preparing this submission, we have learned that we have a very rare global resource: well trained staff experienced in PeopleSoft – specifically in the Higher Education area. In fact, recently PeopleSoft held a world conference for the Higher Education Special Interest Group in Dallas; and two of the U of A employees were invited to make presentations. One presentation represented a technical breakthrough (increasing the tuition calculation rate more than thirty-fold!) and the other presentation was a very well received one on security issues. Many of these personnel have been committed employees of the University. The University will have to pay for training whether through a contractor or directly to employees. At least employees will have loyalty to the University of Alberta – even more so if they feel valued by this employer.

The public image issue has to be addressed. It must be acknowledged that the implementation of PeopleSoft has been an incredible undertaking that inevitably involved developmental problems. The University must come to terms that PeopleSoft is the system implemented and must be prepared to admit to the mistakes made in the implementation process. In effect, there must be a reconciliation reached between AIS and the University community in order for progress to occur. The newsletter just issued by AIS is an example, albeit late, of the kind of communication that needs to happen. This reconciliation can be much better achieved internally by people familiar with the history and the culture of this university than by some outside contractor.

There must also be a reconciliation between the University and the staff of AIS, through NASA. While we are concerned about the damage that has occurred in this relationship, the best medicine for repairing that damage would be for the University to say, "you are the best deal". There are specific actions that can be taken, e.g. market supplement negotiations with a commitment for annual reviews, a commitment to job security or alternatively positive alternatives for staff (retraining, severance, etc.). Some of the creative ideas mentioned in this submission can go a long way towards not only attracting new skilled staff but towards keeping a highly loyal, dedicated workforce.

We believe that the total outsourcing of the University’s Information Systems is not a solution to the issues confronting the University. Rather, it is a recipe for increased costs, loss of control, loss of credibility and loss of valuable resources. With the loss of control over IS comes the loss of control over your public image. We believe that our proposal will allow both the University and the staff to reach a mutually beneficial solution for the administration of Information Systems at the University of Alberta.

========================================

The Plan

Stop the bleeding

The immediate actions required to maintain the current AIS staff are the following:

  • Offer permanent employment to the in-house staff and independent contractors (who really are employees). Ongoing maintenance of the system and production requires staff. Hire them permanently. There will be ongoing modifications and upgrades to the system. Decide how many people that will require, and hire them.
  • Make the salaries and working conditions competitive. Immediately assure the staff that the market supplement will be done, and applied to the current (now permanent) staff. Give a promise that the market supplement will be evaluated in each of the next three years and the adjustments will be applied, with the agreement of the Union.
  • Create incentives for the staff: ongoing training, cross training of skills, opportunities to do research, product development, and teaching whether here on campus or in other institutions, etc.

The greatest threat to the University is the market need for the expertise of the staff of AIS. The University is in the enviable position of creating a successful business by selling the skills and expertise of the current staff to other institutions.

  • Promote your staff and their skills to the other educational institutions that are starting the development and implementation of IS systems. Infiltrate other institutions with our quality people and sell the U of A as an advanced high tech University, where people want to study. Make a profit to recover the costs of the system upgrades. Give our members a challenge and an opportunity to travel and teach. The University has academics and other business people who could be enticed to set up and run this business for the University. Give them that opportunity.

KEEP CONTROL OF YOUR RESOURCES, BECAUSE YOU NEED THEM!

PROMOTE THE UNIVERSITY BECAUSE YOU HAVE THE EXPERIENCE AND KNOWLEDGE THAT FEW OTHER INSTITUTIONS HAVE!

 

Appoint a decision maker

In order for any ongoing program to be successful, internal or not, there has to be a decision maker in place. This person should report to VP (Finance and Admin) and VP (Academic). This person should have the IS knowledge and be given the power to amend administrative practices on campus, after review by you. The remainder of the University is prepared to be assisted in making the transition complete and to get past the frustrations of the implementations of the system. Guidance, and yes, sometimes directives, will be necessary to make the system work and minimize the need for specialized modifications to the program.

The University can accomplish successful implementation and decrease the need for ongoing parallel systems by:

  • Setting up a task force to immediately determine the issues currently faced by the institution, at the departmental level, in particular. The task force should be small and dedicated to reporting in a relatively short period of time. Use the information that you already have. Use the information that the AIS staff knows;
  • Analyzing the issues and how to correct the issues by AIS;
  • Setting up of an AIS outreach group who visits the sites and works with the people in the departments to address the issues;
  • Educating the community at the departmental levels as to the need for administrative changes, what they are and how to implement them;
  • Providing ongoing communications with the people who work with the system as things change and upgrade;
  • Making the departmental contacts partners in the transition and onward.

Address the Public Relations Problem

Involve public affairs in promoting information and communications with all the users of the system and University Hall.

Acknowledge that the U is "too far in" to move into other systems. Commit to making this one work.

Acknowledge the best deal in town is the University’s own staff. This message alone will save a significant portion of the perceived PR problem.

Let everyone know that someone is in charge and can make decisions. Consultation will occur, and decisions will be made.

Provide weekly reports to all staff and users as to what is happening, any anticipated glitches, and how they will be fixed, especially if payroll will be wrong.

Become the Leader in this area and promote the University internationally.

Build the opportunity to be proud to be part of this endeavor.


For Further Information contact Joy Correia, Focus Chair, 3623, joy.correia@ualberta.ca
  or
Barbara Surdykowski, Business Manager, 439-3181, barbara.surdykowski@ualberta.ca

750 Extension Centre
8303 - 112 Street
Edmonton, Alberta T6G 1K4
Phone: (780) 439-3181
Fax: (780) 433-5056

Email: nasa@gpu.srv.ualberta.ca


April 3, 2000

NEGOTIATIONS UPDATE

MEDIATION TO CONTINUE

 

On Thursday, March 30th, NASA and the Employer spent a full day in mediation addressing NASA’s concerns regarding union recognition and contracting out issues. As a result of the progress made during the session, your Bargaining Team has agreed to a further day of mediation, which is scheduled for Tuesday, April 11th. At this point in time, the Bargaining Team is cautiously optimistic that our concerns will be fully addressed.

The mediator will be preparing a report outlining the discussions and understandings reached at the March 30th session. In addition, he will be preparing a Statement of Principles to guide the ongoing relationship between the University and NASA.

As a result of the progress made, NASA has agreed to postpone the Labour Relations Board Hearing on the bargaining in bad faith complaint until April 17th and 18th.

The Bargaining Team is committed to ensuring that the issues and concerns that caused us to take this action are addressed in a meaningful and concrete manner.

 

For Further Information contact Joy Correia, Focus Chair, 3623, joy.correia@ualberta.ca
  or
Barbara Surdykowski, Business Manager, 439-3181, barbara.surdykowski@ualberta.ca

750 Extension Centre
8303 - 112 Street
Edmonton, Alberta T6G 1K4
Phone: (780) 439-3181
Fax: (780) 433-5056

Email: nasa@gpu.srv.ualberta.ca


March 27, 2000

NEGOTIATIONS UPDATE

OVERWHELMING MEMBERSHIP SUPPORT!

NASA TEAM REMAINS FIRM!

NASA’s Labour Board Complaint of bargaining in bad faith is scheduled for April 10th and 11th. In response to our complaint, the Employer approached NASA with a proposal to participate in mediation to address NASA’s concerns regarding union recognition and contracting issues. NASA is deciding today whether or not to participate.

NASA will be making an alternate proposal to Glenn Harris to avoid the contracting out of Administrative Information Systems.

NASA has also succeeded in ensuring that AIS employees will have jobs until at least May 31st.

  • WE ARE STILL PROCEEDING WITH THE LABOUR BOARD HEARING.
  • THEY ARE STILL PROCEEDING TO SOLICIT CONTRACTORS FOR ADMINISTRATIVE INFORMATION SYSTEMS. WE HAVE APPLIED FOR A FREEZE OF THE CONTRACTING OUT PROCESS.
  • WE ARE FILING GRIEVANCES AND WILL CONTINUE TO DO WHATEVER POSSIBLE ON BEHALF OF AIS EMPLOYEES.

For Further Information contact Joy Correia, Focus Chair, 3623, joy.correia@ualberta.ca
  or
Barbara Surdykowski, Business Manager, 439-3181, barbara.surdykowski@ualberta.ca

750 Extension Centre
8303 - 112 Street
Edmonton, Alberta T6G 1K4
Phone: (780) 439-3181
Fax: (780) 433-5056

Email: nasa@gpu.srv.ualberta.ca


March 21, 2000

NEGOTIATIONS UPDATE

Union Charges University with Bad Faith Bargaining

On Friday, March 17, 2000, the Employer admitted they had been withholding critical information from the NASA bargaining team during negotiations. The Employer has been planning to contract out the entire Administrative Information Services Unit (AIS). This will seriously affect about 120 people who are currently working on human resources, student and finance systems and records. The University failed to consult with the Union regarding this matter and made a deliberate choice not to provide this information at the bargaining table. In addition, since the commencement of negotiations in January, there have been reorganizations of three other departments without any notice to the Union. This is a direct violation of the Collective Agreement.

The NASA bargaining committee has accepted the excuse of "we didn't know" in an effort to make progress in negotiations. However, now that the Employer has deliberately withheld information, we cannot trust the Employer to provide the NASA bargaining team with the information we require to make the best decisions on behalf of the members. It seems that the new "open and honest" relationship the Employer wants is one-sided and only happens when it suits the Employer.

In order for NASA to proceed with bargaining, the Employer must be compelled to tell the truth, to disclose important information in bargaining and to have Employer representatives who have authority at the bargaining table. We have filed a complaint with the Labour Board to ensure there is no more game playing. Your bargaining team is still prepared to continue bargaining once this issue of trust has been resolved.

In the meantime, we are actively representing the AIS members. If you hear of any other impending reorganization on campus, please contact the NASA office immediately.

For Further Information contact Joy Correia, Focus Chair, 3623, joy.correia@ualberta.ca OR

Barbara Surdykowski, Business Manager, 439-3181, barbara.surdykowski@ualberta.ca

 


March 5, 2000

NASA Bargaining Interests & Issues

Synopsis of NASA’s Bargaining Issues

Issue #1: To enhance the economic status of the employees.
Related Areas:

Seeking improvements in a number of areas: e.g. Christmas closure (standby and callback pay as well as entitlement); new hired temporaries; overtime; trades & apprentices; responsibility pay; market supplements; maternity leave; Job Evaluation System; bi-weekly pay; access to physical education facilities; sabbaticals; parking fees; term of agreement; loss of continuous employment; increasing retiring allowance; increasing meal allowance and shift/weekend premiums; entire salary schedule – adjust and amend.


Issue #2: To enhance the employment security of employees.
Related Areas:

Seeking improvements in a number of areas: e.g. Definitions – where the definition undermines job security; probation; peer reviews; Article 20 - position disruption and employee displacement; sick leave; return to work following WCB; benefit entitlements; Article 36 – discipline, demotion and dismissal; waiver of union representation; accommodation for injured and disabled workers; seniority units; contracting out; re-occurring terms; recall lists and recall rights; years of service; recurring term temporary employees.


Issue #3: To move toward consistent provisions for trust and operating employees.
Related Areas:

Ensuring all provisions contained in Part A are available to trust employees except where inappropriate; common recall lists and recall rights; years of service; removing cost sharing of benefits for part-time trust employees.


Issue #4: To enhance the representational rights of the union.
Related Areas:

Casual employees – inclusion; reporting health & safety critical incidents; HRDF funding; Market Supplements; Dispute Resolution process; waiver of union representation; accommodation for injured and disabled workers; harassment complaint procedure; Temporary Staff Services; union recognition clause; modified work schedules; Article 20; health and safety concerns; time off for union business; inclusions/exclusions of support staff; renaming union stewards.


Issue #5: To address the adverse impact of employment conditions for new hires and senior employees.
Related Areas:

New Hired Temporaries; definitions – term/ temp; probation; performance increments – temporary (under 12); early retirees – health care premiums; new hired temporaries – vacation pay; Seniority Units – redefine; posting of vacancies; Building Service Workers – shift schedules; salary schedule – length of scale, time to LSI, placement on scale; years of service.


Issue #6: To negotiate specific terms and conditions for casual employees.
Related Areas:

Casual tradesperson – definition; ensuring all casual employees have access to parts of the agreement; years of service.


Issue #7: To negotiate and incorporate terms and conditions of employment into the collective agreement for the Temporary Staff Services employees.
Related Areas:

Casual employees; moving provisions of Appendix H (Letter of Understanding) regarding temporary staff services into the collective agreement as a specific article.


Issue #8: To ensure fair and prompt treatment of employees who are ill and those returning to work.
Related Areas:

Gaps in sick leave; employer physicians; maternity leave; accommodation for injured and disabled workers; calculation of sick leave re: working part-time due to illness; selection and posting of vacancies; LTDI plan.


Issue #9: To enhance the health and safety of employees.
Related Areas:

Designated employer official re: health & safety incidents; health & safety training programs; workload; work boots; lunch breaks; accommodation for injured and disabled workers; harassment; contracting out; modified work schedules; LTDI plan; alternatives for addressing health & safety concerns.


Issue #10: To enhance the educational and developmental opportunities for employees and their families.
Related Areas:

Apprentices – entitlements and job securities; tuition fee waivers for spouses/dependents; HRDF funding; sabbaticals; intellectual property clause; contracting out; Article 20; University paid initiative to upgrade staff; graduate courses & tuition; career/student counseling for support staff.


Issue #11: To review, update and enhance extended benefits, dental benefits, LTDI and other health-related benefits.
Related Areas:

Early retirees health premiums; gaps in sick leave; employer physicians; reinstatement of workers following WCB; dispensing fee; specific changes to Article 31 (Benefit Plans) and the Master Plan on Benefits; HRDF funding for injured/disabled worker accommodation; harassment; maternity leave; bereavement leave; access to certain benefits for retirees.


Issue #12: To negotiate and complete outstanding issues of past collective agreement.
Related Areas:

Article 24.16; dispute resolution process; waiver of union representation; harassment; contracting out; e-mail; electronic monitoring.


Issue #13: To address work scheduling issues.
Related Areas:

Workload; definition of workweek; lunch breaks; overtime; vacation and premium; building service workers – shift scheduling; modified work schedule; current work schedules


Appendix 1: Proposed Changes to Article 20

Appendix 2: Alternatives for addressing health and safety concerns


Appendix 3:  NASA's Views on the University's Proposals (Available soon)

 


INTEREST #1:
To enhance the economic status of the employees.

ISSUES

  1. Standby and callback pay during Christmas (winter) closure. There is a difference in interpretation of days of rest and statutory holidays.
  2. New Hired Temporaries – this provision creates a separate sector of employees due to their hire date and limits their rights and salaries differently than by classification. This encourages the employer to hire temporaries under 12 rather than into established positions for 3 reasons: they only pay at 75% the scheduled rate, they avoid paying benefits for one year and they transfer the incumbents into established positions without posting. This limits others from opportunities on campus.
  3. Overtime – there are questions with respect to whether or not overtime is voluntary, as well as to whether it is to be considered an emergency or can be scheduled in advance. There is currently no wording addressing these issues. The employer is using scheduled overtime instead of hiring additional people.
  4. Question as to the heading and intent of Article 15.07 "Trades and Apprentices" – as these members should be entitled to performance evaluations and increments.
  5. Responsibility Pay – currently the maximum period is six months, subject to review by the AVP (HRS) – making further extensions a real possibility with no benefit accruing to the member. Presently persons who are doing the work of an APO (acting) get 10% responsibility pay. This provision requires incorporation into the collective agreement.
  6. Market Supplements (Article 16.05) – The union should have the opportunity to identify when extraordinary compensation is required and invoke the process. NASA has made application to the employer to evaluate departmental compensation when identified gaps between the private and public sectors were evident. The employer refused the request.
  7. Currently, temporary employees and apprentices are not entitled to be paid for the Christmas closure period.
  8. As specified in Article 23.15, new hired temporaries receive only 4% vacation pay. This is continued underpayment of new-hired temps since temporaries under Article 23.14 receive 6% vacation pay.
  9. There is currently no provision in Article 25 for workers to be reinstated, at the same level of pay and benefits they enjoyed prior to their injury, following a period of time on WCB
  10. Maternity leave – current provisions not equitable with those provided to academics. Currently, maternity leave is for 6 weeks on EI with university top-up to 95% of salary, followed by the ability to take a further 4.5 months with no pay (EI only). Bring in line with new legislation.
  11. Currently, changes to the system are only recommended "by consensus" of the Joint Committee on Job Evaluation System. Since the union is responsible for classifications and the wages negotiated for members, this system needs to be changed to recognize that fact.
  12. Bi-weekly pay.
  13. Providing for free access to weight room and physical education facilities for members and/or family members. Physical Education is charging $110 a year per person for use of weight room.
  14. Providing for sabbaticals in order to enhance a member’s ability to further their education while maintaining a portion of their salary and access to benefits and pension contributions.
  15. Parking fees – members should not have to pay the full ‘general public’ cost for parking. Subsidized parking and/or public transportation.
  16. Salary Schedule – adjust and amend.
  17. Term of Agreement
  18. Loss of continuous employment – current trust employees lose their seniority as a result of the summer break, for example.
  19. Remove cost sharing for part-time trust employee benefits.
  20. Increase in the retiring allowance and make a GPU e-mail account accessible to retired employees.
  21. Change meal allowance and shift/weekend premiums to increase the amounts.

INTEREST #2:
To enhance the employment security of employees.

ISSUES

  1. The current definition of "dismissal" may lead to misinterpretation possibilities since casuals do not have positions, but may still be dismissed.
  2. New Hired Temporaries – this provision creates a separate sector of employees due to their hire date and limits their rights, employment security and salaries differently than by classification – ongoing insecurity of continuation of position. The employer transfers the incumbents into established positions without posting. This limits others from opportunities on campus.
  3. Currently the words "term" and "temp" are being used interchangeably and inappropriately when identifying employees.
  4. Casual tradesperson – current wording may suggest that all trades people are casual.
  5. Apprentices – there is a need to review entitlements and job security issues for these employees. Increase the number of apprentices on campus.
  6. Casual employees – all casual employees should have access to parts of this agreement.
  7. Probation – if an employee has already worked in the job for more than six months, there should be no requirement for them to serve a probationary period.
  8. Peer reviews (Reference Article 15)
  9. Article 20 – Position Disruption and Employee Displacement – the article lacks clarity and organization. In addition, wording improvements are required throughout the entire article. (see attachment)
  10. Gap in sick leave with respect to a second illness. Example: If a person has used their sick leave allowance for the year for one illness, returns to work and is then in a car accident, what is this person’s status with respect to sick leave entitlement until LTD comes into effect?
  11. There is currently no provision in Article 25 for workers to be reinstated, at the same level of pay and benefits they enjoyed prior to their injury, following a period of time on WCB
  12. Article 31 (Operating) and Article 17 (Trust) – Benefit entitlement wording changes required ensuring that employees who transfer to another trust position or an operating position are deemed to be continuously employed for greater than 12 months and therefore entitled to benefits.
  13. Article 36 – Discipline, Demotion and Dismissal – currently no need to notify NASA when an employee is to be disciplined; official "personnel" file not identified; three years too long for adverse reports to remain on file; apprentices shouldn’t be exempted from filing grievances in the circumstances set out in Article 36.12.
  14. Article 38.00 (c) and Appendix P – waiver of union representation. Employees have been pressured to accept resolutions to situations when the employer has put last minute offers to them without the opportunity to consult with the Union.
  15. Accommodation for injured and disabled workers returning to work. Human rights and labour arbitrations have extended the rights of the disabled workers to reinstatement and modification of work, including alternate work assignments. No specific resolutions are currently addressed in the collective agreement.
  16. Seniority Units in Appendix E need to be redefined. At present the units are too small; limits exposure across campus; similarity of work across campus should increase job opportunities and security, the use of small units allows junior workers to remain on campus while the more senior are laid off.
  17. Appendix M excludes summer students from coverage under the collective agreement. Since they are casual workers, and we’ve already proposed that casuals be included in the agreement, summer students should also be included
  18. All vacancies should be posted. Selection and posting of vacancies with particular reference to temps under 12 as there appears to be some misuse of this classification. Currently, positions that are ongoing are being posted as temp.
  19. There needs to be some recognition of an employee’s contribution toward research (i.e. an intellectual property clause). This promotes members throughout their research communities for other job opportunities, along with recognition of their work at the University.
  20. Contracting Out – More and more work is being contracted out. Consulting firms are not always being asked to assess the current staff and capabilities to keep work in the bargaining unit. Too many times the work is contracted out, not for objective reasons, but because of opportunities being provided to outside parties and not enough concern is paid to the workers currently on staff.
  21. Re-occurring terms – this category of worker is currently not receiving the same job security as the operating employees. Current trust recurring term employees lose their seniority as a result of the summer break. They may have four-month breaks in service and never get past 12 months of service.
  22. Article 29 – Exceptions to terms and conditions of employment. The university needs to assist trust holders where there is a legitimate inability – the first obligation is on the employer (University) to assist the trust holder in meeting the obligations of the collective agreement and/or assist them with obtaining alternate funding. Then the Article 29 request can come to NASA. Encouraging the University Board to negotiate a resolution to Article 29 in a timely fashion – at present the trust holder can put in place the alternate terms and conditions and there is no incentive to come to a resolution. The VP Research should be responsible for the first effort in helping the trust holder meet their obligation.
  23. We propose that recall lists be combined. The most senior person who is qualified (whether trust or operating) will be recalled.
  24. Need to ensure that the individual has a right to remain on recall until recalled to a job of the same status as the one they left.
  25. Service: We want to ensure that time with the University is recognized, no matter what the status of employment (trust or operating).
  26. Recurring term temporary employees: We need to find a way to properly recognize that people are long term employees without putting in a continuous period of time.

INTEREST #3:
To move toward consistent provisions for trust and operating employees

ISSUES

  1. Provision is required to ensure that all provisions contained in Part A are available to trust employees unless that provision has specifically been modified by the parties.
  2. Examples:
    • Loss of continuous employment – current employees lose their seniority as a result of the summer break.
    • Breaks in service for trust: Recurring term trust may have four month breaks and never get past 12 months of service.
    • Recurring term temporary and regular employees: We need to find a way to properly recognize that people are long term employees without putting in a continuous period of time.
    • Currently, temporary employees are not entitled to be paid for the Christmas closure period. This should be changed to ensure they receive payment.
    • Re-occurring terms – this category of worker is currently not receiving the same job security as the operating employees.
    • Article 29 – Exceptions to terms and conditions of employment.
  1. We propose that recall lists be combined. The most senior person who is qualified (whether trust or operating) will be recalled.
  2. Need to ensure that the individual has a right to remain on recall until recalled to a job of the same status as the one they left.
  3. Service: We want to ensure that time with the University is recognized, no matter what the status of the employment (trust or operating).
  4. Remove cost sharing for part-time trust employee benefits.

INTEREST #4:
To enhance the representational rights of the union.

ISSUES 

  1. Casual employees – all casual employees should have access to parts of this agreement.
  2. Although NASA is required to provide the name of its designated official, no such requirement currently exists for the employer. There have been critical times in the past when it has not been possible to determine who was in charge for the employer.
  3. Concerns have arisen with respect to the manner in which health and safety (unsafe working conditions) critical incidents are handled.
  4. Market Supplements (Article 16.05) – The union should have the opportunity to identify when extraordinary compensation is required and invoke the process. NASA has made application to the employer to evaluate departmental compensation when identified gaps between the private and public sectors were evident.
  5. The union should agree to the criteria for HRDF funding. The size of the available pot of money requires attention. The criteria for approval should be negotiated with the Union to ensure the best opportunities for the members. The fund has not been increased for quite some time, while tuition has increased. It is being used to assist more members in accommodations from an illness or injury.
  6. Article 36 – Discipline, Demotion and Dismissal – currently no need to notify NASA when an employee is to be disciplined; official "personnel" file not identified; apprentices should not be exempted from filing grievances in the circumstances set out in Article 36.12.
  7. The Dispute Resolution Process outlined in Article 38 takes far too long. The process that has evolved over the last year is much shorter and works better.
  8. Article 38.00 (c) and Appendix P – waiver of union representation. Employees have been pressured to accept resolutions to situations when the employer has put last minute offers to them without the opportunity to consult with the Union.
  9. Currently there is no provision in Article 38 to preserve time limits where there is some question about which process is the correct one - the grievance procedure vs. court. Labour law is changing and issues that were before the courts are now being placed in the arbitration process. However, the law is not clear enough to allow the Union to choose only one path. Therefore, there is a need for agreement of extension of time limits on one while the other process occurs.
  10. Accommodation for injured and disabled workers returning to work. Recognition that the Union is, by law, party to this obligation. The Union’s input and agreement with return to work conditions is necessary.
  11. Harassment (Article 43 and Appendix D) – need to reach an agreed process with the employer on several issues NASA identified including the complainant’s right to remain at work, no one losing pay as a result of the investigation and determining "who" chooses the investigator. List of investigators. Union’s role in harassment complaints and process.
  12. Provisions for Temporary Staff Services should be contained in the collective agreement as a specific article.
  13. Appendix M excludes summer students from coverage under the collective agreement. Since they are casual workers, and we’ve already proposed that casuals be included in the agreement, summer students should also be included.
  14. Union recognition clause. There have been instances where the employer has negotiated severance and retirement packages and other conditions that later set a precedent when a member is represented by the Union.
  15. Posting of all vacancies: Allows the Union to monitor classification of positions; hiring levels; pay grades, etc.
  16. Modified Work Schedule – Union agreement with schedules to ensure legality.
  17. Contracting Out – Joint Value Audits to ensure only legitimate contracting out occurs.
  18. Article 29 – Exceptions to terms and conditions of employment. Article 29 requests can come to NASA after the Employer has assisted the trustholder to meet his/her obligations. Encouraging the University Board to negotiate a resolution to Article 29 in a timely fashion – at present the trust holder can put in place the alternate terms and conditions and there is no incentive to come to a resolution.
  19. Proposed Changes to Article 20 (see attachment)
  20. Proposed Alternatives for addressing health and safety concerns (see attachment)
  21. Include a clause which requires the University to NOT change any policy which impacts on our members without agreement of NASA.
  22. Negotiate time off for union business to attend general meetings (an extra ½ hour) and the opportunity to have paid leaves of absence for Union Executive, e.g. paid presidency.
  23. Inclusions/Exclusions – Criteria Employer may utilize to exclude support staff.
  24. Work place Reps: To be called Union Stewards

INTEREST #5:
To address the adverse impact of employment conditions for new hires and senior employees.

ISSUES

  1. New Hired Temporaries – this provision creates a separate sector of employees due to their hire date and limits their rights and salaries differently than by classification. Encourages the employer to hire temporaries under 12 rather than established positions for 3 reasons: they only pay at 75% the scheduled rate, they avoid paying benefits for one year and they transfer the incumbents into established positions without posting. This limits others from opportunities on campus.
  2. Currently the words "term" and "temp" are being used interchangeably and inappropriately when identifying employees.
  3. Probation – if an employee has already worked in the job for 12 months, there should be no requirement for them to serve a probationary period.
  4. By virtue of the wording of Article 15.08, temporary (under 12) employees currently aren’t entitled to a performance increment at 12 months, even though they may be renewed on a second temporary (under 12) contract.
  5. Early Retirees – individuals who took early retirement and remained in Alberta have had their health care premiums paid by the University. However, several have moved out of province and subsequently been charged for their health care premiums.
  6. Article 23.14 is unclear with respect to whether or not temporaries (12 months or less) and apprentices have the opportunity to earn time-off without pay as vacation. Employment standards require time-off, even if pay is made on each cheque.
  7. As specified in Article 23.15, new hired temporaries receive only 4% vacation pay. This is continued underpayment of new-hired temps since temporaries under Article 23.14 receive 6% vacation pay.
  8. Changes to the evaluation system – currently, changes to the system are only recommended "by consensus" of the Joint Committee on Job Evaluation System. Since the union is responsible for classifications and the wages negotiated for members, this system needs to be changed to recognize that fact.
  9. Seniority Units in Appendix E need to be redefined. At present the units are too small; limits exposure across campus; similarity of work across campus should increase the recognition of years of work, the use of small units allows junior workers to remain on campus while the more senior are laid off.
  10. Posting of vacancies to notify members of job opportunities. Selection and posting of vacancies with particular reference to temps under 12 as there appears to be some misuse of this classification.
  11. Building Service Workers – concerns have been raised with respect to the necessity of night shifts vs. evening shift, the process and fairness (or lack thereof) for shift scheduling as well as for re-assignment of work areas.
  12. Salary Schedule – length of scale, time to LSI, placement on scale. Currently the departments are encouraged to hire new and less senior employees. Where senior employees are given offers, or who may wish to change jobs, it is usually necessary to suffer a loss of salary. This creates a ghetto for senior employees.
  13. Provision is required to ensure that all provisions contained in Part A are available to trust employees unless that provision has specifically been modified by the parties – portability.
  14. Loss of continuous employment – current employees lose their seniority as a result of the summer break.
  15. Re-occurring terms – this category of worker is currently not receiving the same job security as the operating employees.
  16. Service: We want to ensure that time with the University is recognized, no matter what the status of employment is (trust or operating) with no penalty in ability to transport benefits and salary levels to new positions.

INTEREST #6:
To negotiate specific terms and conditions for casual employees.

ISSUES 

  1. Casual tradesperson – current wording may suggest that all trades people are casual.
  2. Casual employees – all casual employees should have access to parts of this agreement.
  3. Service: We want to ensure that time with the University is recognized, no matter what the status of employment is (trust or operating).

INTEREST #7:
To negotiate and incorporate terms and conditions of employment into the collective agreement for the Temporary Staff Services employees.

ISSUES

  1. Casual employees – all casual employees should have access to parts of this agreement.
  2. Provisions outlined in Appendix H (Letter of Understanding – Temporary Staff Services Employment Guidelines) should be contained in the collective agreement as a specific article.

INTEREST #8:
To ensure fair and prompt treatment of employees who are ill and those returning to work.

ISSUES

  1. Early Retirees – individuals who took early retirement and remained in Alberta have had their health care premiums paid by the University. However, several have moved out of province and subsequently been charged for their health care premiums.
  2. Where members are working part-time (because of an illness) there is a difference of opinion with respect to how the reduction of sick leave is calculated, when LTD kicks in and how vacation is accrued. Due to increased waiting lists for surgery and MD appointments, many employees work part-time while they await help. This has brought forward these questions for resolution.
  3. Gap in sick leave with respect to a second illness. Example: If a person has used their sick leave allowance for the year for one illness, returns to work and is then in a car accident, what is this person’s status with respect to sick leave entitlement until LTD comes into effect?
  4. Employer sending members to physicians who are advocates for the employer.
  5. There is currently no provision in Article 25 for workers to be reinstated, at the same level of pay and benefits they enjoyed prior to their injury, following a period of time on WCB
  6. Maternity leave – current provisions not equitable with those provided to academics. Currently, maternity leave is for 6 weeks on EI with university top-up to 95% of salary, followed by the ability to take a further 4.5 months with no pay (EI only). Need to change with legislative changes.
  7. Accommodation for injured and disabled workers returning to work. No specific resolutions are currently addressed in the collective agreement.
  8. Union recognition clause. There have been instances where the employer has negotiated return to work conditions that encumber the Union, without our agreement.
  9. Selection and posting of vacancies – difficulty has arisen identifying accommodation possibilities because vacancies are not posted. Placement into vacancies without competition for the position.
  10. Article 31.06 (b) – change wording so maximums increase in accordance with negotiated wage increases.
  11. Article 31.06 (f) – delete "subject to the monthly maximum of four thousand nine hundred sixty-six dollars ($4966).
  12. Article 31.06 (d) – delete words "wherever possible" and add a provision making the return to work conditions subject to agreement of NASA.
  13. Article 31.06 (d) (3) – delete in its entirety.
  14. Article 31.12 – delete
  15. LTDI Plan – Article 12.06 – Rehabilitative Employment – add provision making any plan "subject to the agreement of NASA".

INTEREST #9:
To enhance the health and safety of employees

ISSUES

  1. Although NASA is required to provide the name of its designated official, no such requirement currently exists for the employer. There have been critical times in the past when it has not been possible to determine who was in charge for the employer.
  2. Concerns have arisen with respect to the manner in which health and safety (unsafe working conditions) critical incidents are handled.
  3. Need to implement Health & Safety Training Program.
  4. Workload: Concerns re: health and safety, quality of work performed and workload complaints. Working alone. Night shifts. Immediate notification of health & safety incidents and possible hazards. Doubling and tripling of support staff workload as a result of budget cuts.
  5. Work boots – inadequate and inappropriate designation for the necessity to wear safety boots. In addition, premium is inadequate where an employee chooses to wear safety footwear.
  6. Article 6.04 (a) hardex lenses are no longer the lenses of choice as protective eyewear.
  7. Lunch breaks – currently there is no provision in the agreement with respect to lunch breaks. Rest periods (coffee breaks) are provided for but not lunch breaks.
  8. Accommodation for injured and disabled workers returning to work: appropriateness of "when to return" and "return to work programs".
  9. Harassment (Article 43 and Appendix D) – unable to reach an agreed process with the employer on the complainant’s right to remain at work, no one losing pay as a result of the investigation, immediate decision-making regarding safety issues, including removing employees in cases of harassment and safety concerns.
  10. Union recognition clause – joint committees, training, access to worksites, information, notification of problems & incidents, notice in advance of building repairs that may affect members. Union’s right to shut down unsafe sites.
  11. Providing for free access to weight room and physical education facilities for members and/or family members. Physical Education is charging $110 a year per person for use of weight room.
  12. Building Service Workers – concerns have been raised with respect to the necessity of night shifts vs. evening shift, ability to modify work for successful return to work.
  13. Contracting Out – More and more work is being contracted out. Contractors – are they OH & S compliant? Training? Contractors doing work without considering impact on employees in area.
  14. Modified Work Schedules – pursuant to Article 8 (Hours of Work) and Article 9 (Overtime) – currently not known what work schedules the AVP has agreed to. Are the current schedules compliant with labour laws or the contract? Require review.
  15. LTDI Plan – Article 12.06 – Rehabilitative Employment – add provision making any plan "subject to the agreement of NASA".
  16. Alternatives for addressing health & safety concerns (see attachment)

INTEREST #10:
To enhance the educational and developmental opportunities for employees and their families.

ISSUES

  1. Apprentices – there is a need to review entitlements and job security issues for these employees. Increase the number of apprentices on campus. There is a shortage of trades people in Alberta – we should be keeping more work on campus rather than contracting it out.
  2. Question as to the heading and intent of Article 15.07 "Trades and Apprentices" – as these members should be entitled to performance evaluations and increments.
  3. Current inability of spouses/dependents to have tuition fees waived. In addition, the number of credits that can be utilized in a calendar year in this article is low. While many members may not use the tuition waiver, members of their family may.
  4. The union should agree to the criteria for approval for HRDF funding to ensure the best opportunities for the members. The size of the available pot of money requires attention. The fund has not been increased for quite some time, while tuition has increased. It is being used to assist more members in accommodations from an illness or injury.
  5. Temporary Staff Services Employees should have access to greater training opportunities to stay current with needs of the employer.
  6. Providing for sabbaticals in order to enhance a member’s ability to further their education while maintaining a portion of their salary and access to benefits and pension contributions.
  7. There needs to be some recognition of an employee’s contribution toward research (i.e. an intellectual property clause). This promotes members throughout their research communities for other job opportunities, along with recognition of their work at the University. Also, recognition of employees’ contribution on employer committees.
  8. Contracting Out – More and more work is being contracted out. As a result of contracting out many trades, etc., have not been upgraded and trained to provide services the employer requires.
  9. Proposed Changes to Article 20 (see attachment)
  10. Sabbatical leave
  11. Certificates required by the University – the University should pay the fees.
  12. University paid initiative to upgrade staff – preset amount and make it a program – not hit or miss. (similar to APO initiative)
  13. Provisions regarding graduate courses and tuition
  14. Career/student counseling opportunities for support staff

INTEREST #11:
To review, update and enhance extended benefits, dental benefits, LTDI and other health-related benefits.

ISSUES

  1. New Hired Temporaries – this provision creates a separate sector of employees who do not get benefits for one year.
  2. Article 6.04 (a) hardex lenses are no longer the lenses of choice as protective eyewear.
  3. Early Retirees – individuals who took early retirement and remained in Alberta have had their health care premiums paid by the University. However, several have moved out of province and subsequently been charged for their health care premiums.
  4. Where members are working part-time (because of an illness) there is a difference of opinion with respect to how the reduction of sick leave is calculated, when LTD kicks in and how vacation is accrued. Due to increased waiting lists for surgery and MD appointments, many employees work part-time while they await help. This has brought forward these questions for resolution.
  5. Gap in sick leave with respect to a second illness. Example: If a person has used their sick leave allowance for the year for one illness, returns to work and is then in a car accident, what is this person’s status with respect to sick leave entitlement until LTD comes into effect?
  6. Employer sending members to physicians who are advocates for the employer.
  7. There is currently no provision in Article 25 for workers to be reinstated, at the same level of pay and benefits they enjoyed prior to their injury, following a period of time on WCB
  8. Maternity leave – current provisions not equitable with those provided to academics.Currently, maternity leave is for 6 weeks on EI with university top-up to 95% of salary, followed by the ability to take a further 4.5 months with no pay (EI only); compliance with legislation.
  9. Dispensing fee for prescription drugs.
  10. Article 31 (Operating) and Article 17 (Trust) – Benefit entitlement wording changes required ensuring that employees who transfer to another trust position or an operating position are deemed to be continuously employed for greater than 12 months and therefore entitled to benefits.
  11. Article 31 (Benefit Plans) and the Master Plan on Benefits require a number of specific changes, as noted below:
    1. Article 31.06 (b) – change wording so maximums increase in accordance with negotiated wage increases.
    2. Article 31.06 (f) – delete "subject to the monthly maximum of four thousand nine hundred sixty-six dollars ($4966).
    3. Article 31.06 (d) – delete words "wherever possible" and add a provision making the return to work conditions subject to agreement of NASA.
    4. Article 31.06 (d) (3) – delete in its entirety.
    5. Article 31.12 – delete
    6. Article 4.05 – add Family Mediator to Supplementary Health Care
    7. Article 4.06 – remove dispensing cap
    8. Article 4.07 – Vision Care – increase expense to $200.
    9. Dental Plan – Article 5.05 – change basic services to read "cover up to 100% of the dental expense incurred".
    10. Dental Plan – Article 5.05 – Change Major Restorative Services to reimburse 60%. Also, add that lab fees will be included in 60% calculation.
    11. Dental Plan – Article 5.05 – Change Orthodontic Services to 60% of dental expense incurred.
    12. Dental Plan – Article 5.08 – Delete "services for the correction of TMJ".
    13. Dental Plan – Article 5.10 (b) – Delete last sentence.
    14. LTDI Plan – Article 12.03 – Change to 75% and delete maximum of $4966 per month.
    15. LTDI Plan – Article 12.04 – Change to 75%
    16. LTDI Plan – Article 12.06 – Rehabilitative Employment – add provision making any plan "subject to the agreement of NASA".
  12. HRDF funding approval and use for accommodation of injured and disabled workers returning to work.
  13. Harassment (Article 43 and Appendix D) – stress leave management.
  14. Free access to weight room and physical education facilities for members and/or family members.
  15. Selection and posting of vacancies with particular reference to members who require accommodation.
  16. Building Service Workers – concerns have been raised with respect to the necessity of night shifts vs. evening shift.
  17. Maternity Leave/Adoption/Parental: Increase to match the federal proposal of 1 year maximum.
  18. Coverage for bereavement leave – current language in the agreement misses some significant family members; in addition, the length of the leave entitlement needs to be increased.
  19. Ability for retirees to access certain benefits.

INTEREST #12:
To negotiate and complete outstanding issues of past collective agreement.

ISSUES

  1. Article 24.16 – article is ten years old and deals mainly with retroactivity – no longer required.
  2. The Dispute Resolution Process outlined in Article 38 takes far too long. The process that has evolved over the last year is much shorter and works better.
  3. Article 38.00 (c) and Appendix P – waiver of union representation. Employees have been pressured to accept resolutions to situations when the employer has put last minute offers to them without the opportunity to consult with the Union.
  4. Currently there is no provision in Article 38 to preserve time limits where there is some question about which process is the correct one - the grievance procedure vs. court. Labour law is changing and issues that were before the courts are now being placed in the arbitration process. However, the law is not clear enough to allow the Union to choose only one path. Therefore, there is a need for agreement of extension of time limits on one while the other process occurs.
  5. Harassment (Article 43 and Appendix D) – unable to reach an agreed process with the employer.
  6. Provisions for Temporary Staff Services should be contained in the collective agreement.
  7. E-mail ownership/personal use and/or union business/confidentiality of passwords between employees and employer. Arbitration awards currently coming out indicate that if the e-mail is the employer’s, it’s their property – if a union wants its members to have ownership and/or use for personal and/or union business, it is necessary to negotiate it into the agreement.
  8. Another issue arising is the Union’s ability to communicate with its members through the employer’s e-mail system.
  9. E-mail passwords (protection of access to e-mail and protection of individuals).
  10. Electronic monitoring
  11. Contracting Out – Joint Value Audits; no contracting out if work can be done in house; ensuring staffing levels are maintained to keep work in house.
  12. Provision is required to ensure that all provisions contained in Part A are available to trust employees unless that provision has specifically been modified by the parties.
  13. Alternatives for addressing health & safety concerns (see attachment)
  14. Appendix D (Operating)
  15. Appendix H-1 (Operating)
  16. Appendix I (Operating)
  17. Appendix L (Operating)
  18. Appendix O (Operating)
  19. Appendix Q (Operating)
  20. Appendix J (Trust)

INTEREST #13:
To address work scheduling issues

ISSUES

  1. Workload: Concerns re: health and safety, quality of work performed and workload complaints.
  2. Working alone. Night shifts. Immediate notification of health & safety incidents and possible hazards.
  3. Doubling and tripling of support staff workload as a result of budget cuts. More academics require more non-academic support.
  4. Currently there is no definition of a regular workweek, which means that employees can be required to work more than two consecutive weekends.
  5. Lunch breaks – currently there is no provision in the agreement with respect to lunch breaks. Rest periods (coffee breaks) are provided for but not lunch breaks.
  6. Overtime – there are questions with respect to whether or not overtime is voluntary, as well as to whether it is to be considered an emergency or can be scheduled in advance. There is currently no wording addressing these issues. The employer is using scheduled overtime instead of hiring additional people.
  7. Cancellation of vacation and premium if called back to work. Question: Can vacation be cancelled once approved?
  8. Building Service Workers – concerns have been raised with respect to the necessity of night shifts vs. evening shift, the process and fairness (or lack thereof) for shift scheduling as well as for re-assignment of work areas.
  9. Modified Work Schedule
  10. Work schedules – pursuant to Article 8 (Hours of Work) and Article 9 (Overtime) – currently not known what work schedules the AVP has agreed to. The current schedules require review.

The Union reserves the right to raise other issues,
as they become evident, during bargaining.


Proposed Changes to Article 20

20.01 The Parties recognize that care and understanding on the part of the Parties is required to resolve problems of affected employees.

20.02 General

(1) This Article shall not apply to:

a. Temporary employees, twelve (12) months or less;

b. Apprentices;

c. Project temporary employees.

(2) Definitions

Available position means a position that is deemed by the Board as being unencumbered (vacant) and that the Board deems should be filled.

Designated Employee means an employee who has been affected by a position disruption and is full or part time regular employee or a full or part time temporary treated as regular employee.

Displacement means to be removed from a currently occupied due to position disruption.

Employee displacement means, but is not limited to, redeployment, reduction in pay, or cessation of employment; that may result from reorganization such as downsizing, merger(s), financial exigency, etc.

Position disruption means a significant and substantial change to an employee’s terms and conditions of employment. Position disruption is not normally the reassignment of tasks, duties, work location, work schedule, etc.

Redeployment means to be moved as a result of displacement to an established position with the same or lower maximum rate of pay.

(3) For the purpose of this Article, a designated employee who is on approved leave with pay or on leave pursuant to Article 28 prior to the commencement of the process in Article 20.03, shall not have notice begin until s/he returns to work.

20.03 Consultation:

(1) Prior to any position disruption, Human Resource Services will notify NASA, in writing, of the details of the proposed position disruption, at least 10 days prior to any action being taken.

(2) Consultation will occur, on a without prejudice basis, between the Parties regarding the impact, ramifications and treatment of employees affected by the proposal. This consultation will provide the opportunity to confer, understand the options for change under consideration and answer questions arising from the changes. During this process a joint meeting with affected employees may be considered.

(3) Prior to the conclusion of the consultation process NASA shall have the opportunity to present methods and/or alternatives to assist and accommodate reasonable readjustment.

(4) The parties shall make every effort to make adjustments to the terms and conditions of employees without loss of pay prior to alternatives being taken pursuant to Article

(5) Prior to this Article being implemented, the employer will offer, on a voluntary basis, the severance provisions of Article 20.08 to all employees in the seniority unit.

20.04 Notice

(1) A designated employee shall receive formal written notice of the position disruption. This notice shall be written by Human Resource Services, shall include the effective date of the disruption and the available options being proposed by the Board.

(2) As soon as possible following the notice, the Department Head or Designated shall hold a meeting with the designated employee to discuss the notice and available options. A NASA Representative shall be present at the meeting.

(3) Within ten (10) days following the meeting the designated employee shall respond in writing to the Human Resource Representative as to which of the identified option(s) offered the designated employee wishes to choose.

(4) If a designated employee fails to attend the disruption meeting or fails to meet the requirements of (3) above, the Employer shall apply Article 20.05(4) g or h at their discretion and no extraordinary rights shall accrue. Notwithstanding the above, if the designated employee can subsequently show circumstances beyond their control prevented their attendance or reply, the decision outlined above shall be rescinded.

(5) Once notified of position disruption, illness claims do not interrupt the process. Where a designated employee is unable or unwilling to communicate in this process due to illness a NASA Representative shall do so on their behalf.

20.05 Employee Displacement/Redeployment

(1) Where two employees or more within a seniority unit have substantially the same duties and are qualified to do the available work, employees will be designated based on reverse order of seniority.

(2) In the event that an employee is designated the Board shall first determine if an adjustment to their current position and/or terms and conditions of employment is possible and agreeable through the act of consulting.

(3) In the event an employee is displaced from their position, the Board shall first attempt to provide redeployment into an available position, at the same maximum rate of pay, within the seniority unit, and next within the bargaining unit.

(4) Where no such position is available, the Board shall next attempt to provide redeployment into an available position, at a lower maximum rate of pay, within the seniority unit, and next within the bargaining unit.

(5) Where no such positions are available, and where appropriate, the Board may then offer, by exercise of seniority, redeployment to the position currently occupied by the least senior employee within the same seniority unit and job family. This offer will be subject to the designated employee being qualified and able to fulfill the duties, or capable of doing so with reasonable on-the job training not to exceed two (2) months. In this event the bumped employee shall be entitled to the provisions of Article 20, but will not have access to their own position and bumping.

(6) If the provisions of (4) and/or (5) above are applied, the designated employee shall be free to waive those results and choose to have the layoff and recall provisions or the severance pay provisions applied.

(7) A designated employee who is placed into a position with a lower maximum rate of pay shall retain recall rights to their former position and recall rights pursuant to 20.09 for a period of:

a. 2 years if s/he has at least 5 years of seniority at the date of position disruption;

b. 1 year if s/he has less than five years of seniority at the date of position disruption.

(8) An available position shall be considered appropriate for redeployment if the designated employee meets the requirements and is qualified to fulfill the duties of the position or could do so through job familiarization, with reasonable on-the-job retraining, not normally to exceed two months.

(9) Where a designated employee is redeployed through this process and subsequently is determined to be unable to fulfill the duties of the position, after having met the requirements of retraining outlined elsewhere in this Article, the designated employee shall be entitled to have clauses (3), (4) and (6) reapplied.

20.06 Layoff

(1) The Board will make every reasonable effort to avoid layoff of employees while employing temporary employees performing work within the same job families in the same seniority unit.

(2) In the event of a layoff, the following notice will apply (service computed to the date of disruption):

a. Two (2) weeks if more than six (6) months and less than twelve (12) months of service

b. One (1) month if more than twelve (12) months and less than forty-eight (48) months of service

c. Two (2) months if more than forty-eight (48) months and less than eight-four (84) months of service;

d. Three (3) months if more than eighty-four (84) months and less than one hundred an forty-four (144) months of service; or

e. Four (4) months if more than one hundred and forty-four (144) months of service.

(3) Layoff notice shall be deemed to have commenced at the effective date of the position disruption set out in the notice under Clause 20.04 (1). The Layoff notice and recall periods shall be extended by any period of time a designated employee was unsuccessfully redeployed under 20.05 (9).

(4) A designated employee who opts for layoff/recall shall be entitled to choose between two options.

a. A recall period of six (6) months, and if not recalled within that period, receive the severance payment, less notice received under Article 20.06 (2).

b. A recall period of twenty-four (24 months), and if not recalled within that period receives no other rights or benefits.

(5) Two seniority lists shall be maintained by the Board and provided to NASA monthly. One list shall contain the names of all full-time employees (regular and temporary treated as regular). One list shall contain the names of all part-time employees (regular and temporary treated as regular).

20.07 Recall

(1) A designated employee shall be recalled first to their former position, if it is re-established while s/he is on recall.

(2) A designated employee on layoff status shall be recalled in order of his/her seniority, subject to:

a. Being qualified and able to perform the duties of the job, or

b. Being qualified and able to fulfill the duties through job familiarization, and/or with reasonable on-the-job training not to exceed two (2) calendar months, as determined by the Board.

(3) A designated employee on layoff status shall be recalled to the first available position, in the following preferred order, subject to clause 20.07(1) above:

a. Another position within the same job family within the employee’s seniority unit;

b. Another position within the same job family outside of the employee’s seniority unit;

c. A position in a different job family within the employee’s seniority unit;

d. A position in a different job family outside of the employee’s seniority unit.

    (4) A designated employee shall forfeit any further rights to recall if s/he does declines an offer of recall, except if it is of a casual or temporary nature.

20.08 Severance Options

(1) A designated employee who chooses severance pay shall be deemed to have resigned and to have relinquished his/her rights to recall. Such designated employee shall be considered to have terminated his/her employment with the Board.

(2) The severance pay formula for all designated employees shall be one months’ pay per year of service, to a maximum of twelve (12) months pay. Pay is defined by clause 1.02 and shall not include any responsibility premiums or market supplements.

(3) A designated employee who is eligible to retire from the Board and immediately applies for pension shall also be eligible to continue the health care benefits as outlined in this collective agreement, until age 65, at the same premium cost as those still working. This entitlement is subject to the continuing availability and eligibility requirements of the plans and any amendments made to them in accordance with Article 31.

(4) A designated employee accepting the terms of Clause 20.07 shall not be entitled to the terms of Article 17 (Retirement Bonus).

20.09 Pay Adjustment

Where a designated employee’s current base pay is less than Step 9 of grade assigned the new position s/he will be placed on the step that is closest to, but not lower than his/her current salary.

Where a designated employee’s current base pay is higher than Step 9 of the new position s/he will be placed on Step 9 of the grade assigned the new position.

20.10 Training Benefits

(1) The Board agrees to provide reasonable funding to continue a Staff Retraining Fund for persons affected by position disruption.

(2) Where an employee has not chosen severance pay the Board agrees to provide relocation counseling and training assistance under this article.

(3) Where a designated employee requires training in order to effect a redeployment and/or be recalled, the Department, in conjunction with Human Resource Services and NASA, will determine the training required, develop a formal training plan and consult with the designated employee. The Board will fund this training plan.

(4) The Board will provide training assistance in order to enhance the employment opportunities of employees on the recall list. The onus is on the designated employee to submit specific training proposals to Human Resource Services for approval. Such requests shall not be denied unreasonably.

(5) Where a designated employee requests training unlikely to enhance reemployment opportunities with the Board such requests may be approved only if the designated employee forgoes their right to recall. This shall only be done in writing, with the knowledge of NASA.

(6) The terms of all training shall be subject to mutual agreement between the designated employee and the Board.

(7) Where training is required to take place during regular hours of work, time off with pay shall be granted. The scheduling of such training during an employee’s normal working hours shall be subject to operational requirements.

(20.11) Job Families

(1) Job families are as outlined in Appendix F. There shall be no change in these Job Families during the life of the agreement, subject to the following clauses.

(2) Where the Board or NASA seek to amend Appendix F they shall forthwith enter into discussions between the parties in an attempt to reach mutual agreement.

(3)  Failing mutual agreement either party may submit the matter to arbitration as a policy grievance, pursuant to Article 38.

(4) Any decision of an arbitration board on such a grievance shall be considered an agreed amendment to the collective agreement.

(5) The Board agrees to notify affected employees of any planned re-allocation of their position due to a Job Family change.

(20.12) Seniority Unit

(1)  Seniority Units shall be listed in Appendix E.

(2) Where the Board or NASA seek to amend Appendix E they shall forthwith enter into discussions between the parties in an attempt to reach mutual agreement.

(3) Failing mutual agreement either party may submit the matter to arbitration as a policy grievance, pursuant to Article 38.

(4) Any decision of an arbitration board on such a grievance shall be considered an agreed amendment to the collective agreement.


Alternatives for addressing health and safety concerns

1. Where unsafe working conditions affect employees, and it is noticeable, the standard response should be similar to fire emergencies. Staff evacuation to a safe location is the central objective, after which appropriate inspectors (OH & S) shall evaluate the seriousness of the situation and establish, in consultation with NASA officially, when it will be safe to return to the environment.

2. Until a site is deemed safe once again, the OHS inspector shall be responsible for immediately posting on all entrances, clearly identifiable notices of the possibility of a health hazard and the area involved. When the situation is sufficiently evaluated, the time that it is safe to return can be included on the notice.

3. Wording in our collective agreement should be enhanced to allow our union representative (steward or labour rep) to call out staff in areas that may be affected by such risks. Their status in such cases could be considered as similar to a Fire Marshall.

4. The OHS inspector shall provide all staff in the affected areas with a written memo within 48 – 72 hours, indicating what occurred, what chemicals or agents were in the affected area (describing the area affected). A copy shall also be provided to NASA.

5. The U of A shall provide all NASA members with Workers Compensation forms, along with the above memo, and advise them to submit those forms – for the record – to the WCB in the event of future "complications". It will be up to the members to decide whether or not they want to do this.

     

     

 

 

 

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