PART-TIME SUPPORT STAFF COLLECTIVE AGREEMENT
BETWEEN: COLLEGE EMPLOYER COUNCIL (”CEC”)
(FOR COLLEGES OF APPLIED ARTS AND TECHNOLOGY)
AND: ONTARIO PUBLIC SERVICE EMPLOYEES UNION (“OPSEU/SEFPO”)
(FOR PART-TIME SUPPORT STAFF EMPLOYEES)
EFFECTIVE FROM: February 1, 2021
TO: January 31, 2024
AGREEMENT MADE THIS 25th DAY OF JUNE, 2021
BETWEEN:
COLLEGE EMPLOYER COUNCIL (hereinafter referred to as the “CEC”) with respect to and on behalf of the Colleges of Applied Arts and Technology (hereinafter referred to as the “College” or “Colleges”)
And
THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION (hereinafter referred to as the “Union”)
1.1 Exclusive Bargaining Agent 1
1.3 No Strikes and No Lockouts 2
2.1 Regular Part-Time Employees 3
2.5 Project of a Non-Recurring Kind Employees 3
5.2 Work of a Personal Nature. 6
5.3 Union/College Committees 6
5.4 Employee/Employer Relations Committee. 7
6.2 Bullying/Psychological Harassment 8
7.1 Leave of Absence – General 10
7.1.1 Leaves of Absence Reimbursed by the Union. 10
7.1.2 Leave of Absence – Union Representatives 10
7.1.3 Union Negotiating Committee. 10
7.1.4 Leaves of Absence – Conditions 10
7.4.1 Appointment of Stewards 12
7.4.3 Meetings Outside Normal Working Hours 12
7.6 Conflict Between Electronic Version and Original Signed Version of Collective Agreement 12
7.7 French/English Language Version of Agreement 13
7.8 Local Union Notification. 13
8.2 Access to Performance Appraisals/Disciplinary Notices 14
8.3 Removal of Notices from File. 14
9.2 Request for Additional Hours 15
9.4 Working More Than Five Consecutive Days 15
9.8.2.1 Return to the Workplace. 17
9.8.2.2 Resolving Issues From an Off-site Location. 17
11.1 Calculation of Allowance. 19
12.1 Reimbursement for Tuition. 20
12.2 Maintenance of Salary. 20
12.4.1 Purpose and Length of Leave. 20
12.4.4 Response to Application. 21
12.4.6 Assignment on Return. 21
13.5 Holiday During Vacation. 22
15.1 Personal Leave Without Pay. 24
15.7 Extension of Parental Leave for Adoption. 25
16.2 Provision of Clothing. 26
16.5 Environmental Conditions 27
17.1 Determination of Seniority. 28
18.2 Notice to Local Union. 30
18.2.4 Maintenance of Wages 30
18.4 Minimizing Displacements 31
18.5.1 Familiarization Period. 32
18.5.2 Employee Election of Offered Position. 32
18.5.3 Employee Election of Position. 32
18.6.1 Recall Outside Forty (40) Kilometres 33
18.7 Contracting Out – Union Notification. 33
18.8 Waiver of Rights/Severance. 33
18.8.2 Severance Pay – Contracting Out 33
18.8.3 Severance Pay – No Pyramiding. 34
19.1.1 Consideration – Bargaining Unit Employees 35
19.1.1.1 Notification – Applicant 35
19.1.1.2 Notification – Local Union President 35
19.1.4 Consideration – Non-Bargaining Unit Employees 36
19.1.5 Temporary Assignments 36
19.1.5.3 Excluded Positions 37
19.1.5.4 Emergency Work Assignment 37
19.3 Employee Requested Transfer 38
19.4 Consideration – College Support Full-Time Bargaining Unit Work. 38
20.2.4 Maintenance of Wages for Time Off 39
20.3.5 Multi-College Issues 41
20.3.8 Discharge, Suspension, Layoff or Reassignment Grievance 42
20.4 Mediation/Arbitration Procedure. 42
20.4.1 Referral to Mediation/Arbitration. 42
20.4.2 Mediators/Arbitrators 43
20.4.6 Mediator/Arbitrator’s Power 43
APPENDICES
APPENDIX 1 – STUDENT EMPLOYEES. 46
APPENDIX 2 – Project of a Non-Recurring Kind. 47
APPENDIX 3A – Temporary Employees. 49
APPENDIX 3B – Casual Employees. 51
APPENDIX 4 – Employee/Employer Relations Committee. 52
LETTERS OF UNDERSTANDING
Less Than Twelve (12) Months Positions. 56
Initial Seniority List Calculation. 59
(1) The Union is recognized as the exclusive bargaining agent for:
(a) all persons regularly employed by an employer for not more than twenty-four (24) hours a week in positions or classifications in the office, clerical, technical, health care, maintenance, building service, shipping, transportation, cafeteria and nursery staff; and
(b) all persons employed by an employer for a project of a non-recurring kind in positions or classifications in the office, clerical, technical, health care, maintenance, building service, shipping, transportation, cafeteria and nursery staff.
(2) The Part-Time support staff bargaining unit does not include,
(a) foremen or supervisors;
(b) persons above the rank of foreman or supervisor;
(c) persons employed in a confidential capacity in matters related to employee relations or the formulation of a budget of a college or of a constituent campus of a college, including persons employed in clerical, stenographic or secretarial positions;
(d) other persons employed in a managerial or confidential capacity within the meaning of Article 5 of Schedule 1 to the Colleges Collective Bargaining Act, 2008;
(e) students employed in a co-operative educational training program undertaken with a school, college or university;
(f) a graduate of a college during the period of twelve (12) months immediately following completion of a course of study or instruction at the college by the graduate if the employment of a graduate is associated with a certification, registration or other licensing requirement;
(g) a person who is a member of the architectural, dental, engineering, legal or medical profession, entitled to practise in Ontario and employed in a professional capacity; or
(h) a person employed outside Ontario.
This Agreement is binding on the parties hereto and the employees as defined in Article 1.1 (1) (Exclusive Bargaining Agent).
The Union agrees there shall be no strike and the CEC agrees there shall be no lockout during the life of this Agreement; “Strike” and “Lockout” being defined in the Colleges Collective Bargaining Act, 2008.
Regular Part-Time Employees are employees employed in a continuous position of indefinite extent with regularly scheduled hours on a weekly basis.*
Casual Employees are those who work on a call-in basis and/or do not have regularly scheduled hours on a weekly basis.
Temporary Employees are those who are employed to replace Regular Part-Time Employees on leave or who are employed for a period of up to nine (9) consecutive months, or such longer period as the College and the Local Union may agree.
Student Employees are students who are occupying positions that are only made available to current students of the College.
Project of a Non-Recurring Kind Employees are employees who are employed in projects of a non-recurring kind.
* Some Regular Part-Time employees may occupy less than twelve (12) month positions.
The Colleges and the Union agree that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practised by either of them or their representatives or members because of an employee’s membership or non-membership in the Union or because of activity or lack of activity in the Union.
The Union agrees there will be no union activities on the premises of the Colleges, except as specifically referred to in this Agreement or approved in writing by the College.
The parties agree that in accordance with the provisions of the Ontario Human Rights Code there shall be no discrimination against any employee by the Union or the College because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability.
Accommodation, if it is requested by the employee and it is determined to be required, is the duty of the College, the Union and the employee.
The Union acknowledges that it is the exclusive function of the Colleges to:
- maintain order, discipline and efficiency;
- hire, discharge, transfer, classify, assign, appoint, promote, demote, lay off, recall and suspend or otherwise discipline employees subject to the right to lodge a grievance as provided for in this Agreement;
- generally to manage the College and without restricting the generality of the foregoing, the right to plan, direct and control operations, facilities, programs, courses, systems and procedures, direct its personnel, determine complement, organization, methods and the number, location and positions required from time to time, the number and location of campuses and facilities, services to be performed, the scheduling of assignments and work, the extension, limitation, curtailment or cessation of operations and all other rights and responsibilities not specifically modified elsewhere in this Agreement.
The Colleges agree that these functions will be exercised in a manner consistent with the provisions of this Agreement.
The College shall provide a list of employees to the Local Union President in the second week of October, February and June. This list will include each employee’s name, job title, start date, department, rate of pay, location, and employee type (Regular Part-Time, Casual, Temporary, Students or Projects of a Non-Recurring Kind). For Regular Part-Time Employees, the list will include the anticipated number of weekly hours.
Employees shall not be required to do work of a personal nature which is not connected with the operation of the College.
The parties agree to create a Union/College Committee at each College. The Committee will consist of up to three (3) members appointed by the Union from among employees at the College covered by this Agreement and up to three (3) members appointed by management.
The highest ranking part-time steward of the Local Union shall co-Chair the Committee and one of the College appointees shall be the other co-Chair. It shall be the responsibility of the Union to supply the College with the names of its Committee members. The President of the Local Union may also attend when required.
The Committee shall meet six (6) times per calendar year, unless the parties agree otherwise. The location and timing of those meetings shall be by mutual agreement.
Prior to each meeting, the Union shall provide an agenda of matters that it proposes to discuss. The College may add matters to the agenda.
It is agreed that when a meeting as contemplated by this sub-article takes place by mutual consent during scheduled working hours, the member shall not suffer any loss of pay as a result of attending such a meeting. Should a meeting be scheduled on a member’s scheduled time off, the employee will be paid for time spent in the meeting. The Union acknowledges, however, that the employees have their regular duties to perform and will not absent themselves without first obtaining permission from their immediate supervisor and reporting to their immediate supervisor upon returning to their regular duties. In keeping with this understanding, permission to attend such a meeting shall not be unreasonably withheld consistent with College operating requirements.
It is agreed that meetings held under this Article shall not concern or entertain matters that are the subject of a formal grievance.
The parties agree to the establishment of an Employee/Employer Relations Committee. The parties further agree to meet within sixty (60) days of ratification (February 21, 2019). The terms of reference, found in Appendix 4, may be altered by the parties, from time to time, by mutual agreement.
The Colleges and the Union are aware of the provisions of the Ontario Human Rights Code that provide that persons have the right to be free from a sexual solicitation or advance in the workplace where the person making the solicitation or advance knows or ought to know that it is unwelcome. Both parties subscribe to this principle, and to that end, acknowledge the following objectives:
- a complaint of this nature shall be promptly investigated and, where warranted, appropriate action taken;
- every effort shall be made and maintained by all parties to treat the complaint in a sensitive and confidential fashion, consistent with providing reasonable information to the complainant and the person against whom the complaint is made as to the nature of the allegation, the progress of the complaint, and its resolution or disposition;
- the complaint shall be made to as impartial a person as possible, being the President or designate and who is not the person against whom the complaint is made.
It is agreed that the complainant may choose a Union representative to assist in presenting the complaint.
At any point in the procedure the complaint may be referred to the Human Rights Tribunal of Ontario (HRTO).
The College shall make reasonable provisions to ensure that employees have the right to be free from bullying/psychological harassment as defined within this article. The College and the Local Union shall cooperate to the fullest extent possible to ensure the workplace is free from bullying/psychological harassment.
Bullying/psychological harassment refers to any vexatious behaviour that is known, or ought reasonably to be known, to be unwelcome and that:
- takes the form of repeated conduct which could reasonably be regarded as intending to intimidate, offend, degrade or humiliate, and/or
- affects an employee’s dignity, or psychological or physical integrity, and/or
- results in a harmful work environment.
Examples of bullying/psychological harassment include, but are not limited to, the following:
- berating/belittling an individual;
- repeated unwarranted criticism;
- undermining or deliberately impeding a person’s work;
- spreading malicious rumours or gossip that is not true;
- physical gestures intended to intimidate, offend, degrade or humiliate an individual.
Reasonable action by a College, a manager and/or a supervisor in the course of managing the workplace is not bullying/psychological harassment. Examples of this include, but are not limited to, the following:
- the transfer, demotion, discipline, counsel or dismissal of an employee in a reasonable manner;
- a decision, based on reasonable grounds and facts, not to promote or grant another benefit in connection with an employee’s employment or performance.
The parties recognize that bullying/psychological harassment is unacceptable in the workplace, and to that end acknowledge the following objectives:
- a complaint of this nature shall be promptly investigated and, where warranted, appropriate action taken;
- every effort shall be made and maintained by all parties to treat the complaint in a sensitive and confidential fashion, consistent with providing reasonable information to the complainant and the person against whom the complaint is made as to the nature of the allegation, the progress of the complaint, and its resolution or disposition;
- the complaint shall be made to as impartial a person as possible, being the President or designate and who is not the person against whom the complaint is made;
- frivolous allegations of bullying/psychological harassment that are unfounded, will be treated as a disciplinary offence, that could lead to dismissal;
- allegations found to be true, will be treated as a disciplinary offence that could lead to dismissal.
It is agreed that the complainant may choose a Union representative to assist in presenting the complaint.
7.1.1 Leaves of Absence Reimbursed by the Union
Leaves of absence with pay may be gra