The general purpose of this Agreement is to establish and maintain collective bargaining relations between the University and its employees, and to provide procedures for the prompt and equitable disposition of grievances, and to establish and maintain mutually satisfactory working conditions, hours of work, and wages for all employees who are subject to the provisions of this Agreement.

Upon request, the Employer will provide a copy of this agreement in an alternative format.

ARTICLE 2 – RECOGNITION

2.01 The University recognizes the Union as the sole and exclusive bargaining agent for all office, clerical and technical employees of the University in the City of North Bay and regional campuses save and except the following:

Supervisors;

Positions above the rank of Supervisor;

Positions for whom more than 50% of the wage is funded from sources outside of the Ministry of Colleges and Universities (MCU) funding*;

Students employed during the academic year and working for less than 24 hours per week;

Students employed during the spring/summer vacation period;

Positions regularly employed for not more than twenty four (24) hours per week;

Positions excluded under the Ontario Labour Relations Act;

Positions employed in the offices of Human Resources and the President; and

Positions providing direct administrative support to the Vice-Presidents of Academic and Financial/Operations.

The employer agrees that persons engaged in temporary employment or persons employed in an excluded capacity referenced above will not adversely affect the rights of employees under this agreement.

Application of this article will commence upon signing of the agreement and will apply only to NEW positions, postings or competitions created after that date.

* Requests to the bargaining unit for exclusion of the positions in (c) above will be reviewed individually by the Director, Human Resources, or designate, and the Local 608 President, or designate.

2.02 Should any new position be established within the University which the University claims to be excluded from the bargaining unit, the question as to its inclusion in or exclusion from the bargaining unit shall be determined by mutual agreement or, in the absence of such agreement, by resort to the Labour Relations Board.

Prior to posting a new position, the University shall provide to the Local 608 President or designate a copy of the position description as well as rationale for its exclusion. The Local 608 President, or designate, will respond as soon as possible upon receipt of the information, advising the University of its agreement with the exclusion or, in the event it does not agree, with specific reason(s) as to why it does not agree. If the Union requires additional information in order to make a decision, the Local President, or designate, will request said information within two (2) working days of receipt of the original notice from the University. The University will provide the information within two (2) working days of receiving the request. If further clarification is required, a meeting will be scheduled. Such meeting must take place within the ten (10) day timeline as identified below.

In the event the University does not receive a determination from the bargaining unit within ten (10) working days of the original notice, the University may proceed to fill the position as an excluded position. This time period can be extended upon mutual agreement of the University and the Union.

2.03 For the purposes of this Collective Agreement, the following definitions have been agreed upon by the parties:

(a) Seniority Employee designates an employee who has successfully passed probation.

(b) Probationary Employee as described in Article 10.02, a newly hired, full-time permanent employee shall be considered a probationary employee until the employee has worked continuously in the same position for a period of three (3) months. At the discretion of the University, and with notice to the Union, the probation period may be extended for a further three (3) month period.

(c) Contract Employee designates an employee who is hired on a contract of employment for a specified term of more than eight (8) weeks to fill a position that is not excluded as per Article 2. Such positions will not normally exceed (12) months except when hired as a specific replacement for an employee on pregnancy or parental leave or another leave of absence as referenced in Article 14. Upon mutual agreement of the University and the Union, the twelve (12) month period may be extended.

(d) Casual Employee designates an employee who is hired on a casual basis for a term of up to eight (8) weeks for the purpose of supplementing the current compliment of employees or for replacing a full-time employee on a short-term leave. The casual employee can be extended at mutual agreement of the Union and the University.

2.04 Probationary Employees

Employees who have not successfully passed probation have limited rights under this Agreement as per Article 10.02.

Probationary employees shall have no rights under the following Articles of this agreement: 11, 12, 13, 14, (except for those leaves mandated by Employment Standards Act), 16.04, 17, 18 (except 18.07) and 19.

2.05 Contract Employees

Contract employees have limited rights under this Agreement.

Contract employees shall have no rights under the following Articles of this Agreement: 10 (except 10.11), 11, 12 (except for 12.05 (b) – after fifteen (15) months continuous service), 13, 14 (except for those leaves mandated by the Employment Standards Act), 15 (except 15.10), 16.04, 17, 18 (except 18.07), 19, 21 (except 21.03), 22, 23 (except 23.02 and 23.03), and 24.

2.06 Casual employees

Casual employees have limited rights under this Agreement. Casual employees shall have no rights under the following Articles of this Agreement: 10, 11, 12 (except 12.06), 13, 14 (except for those leaves mandated by the Employment Standards Act), 15, 16 (except for statutory holidays as mandated by the Employment Standards Act), 17, 18, 19, 21 (except 21.03), 22, 23 (except 23.02 and 23.03), 24 and the Letter of Understanding re December Holiday Closing.

ARTICLE 3 – NO DISCRIMINATION

3.01 The parties agree that universities are enriched by diversity and inclusion and will seek ways to integrate inclusive excellence throughout Nipissing University.

3.02 In accordance with the Ontario Human Rights Code, there shall not be any discrimination in employment practiced by or on behalf of the University or by or on behalf of the Union with respect to any of the prohibited grounds set out in the Ontario Human Rights Code or other relevant legislation.

It is understood that if any article within the Collective Agreement is found to conflict with the Ontario Human Rights Code or other relevant legislation, the parties shall be bound by said legislation and shall amend the article to the extent required.

3.03 There shall be no discrimination, intimidation, interference, restraint or coercion practiced by or on behalf of the University or by or on behalf of the Union with respect to any employee because of membership or non-membership in the Union.

3.04 The University agrees to acquaint new employees in the Bargaining Unit with the fact that a Union agreement is in effect, and the Union shall provide them with a copy of the existing collective agreement. Upon the request of the Union, when the offer letter for employment is sent to the prospective OPSEU member, the Director, Human Resources will send an accompanying contact name and number of the Local President or designate. A representative of Local 608 will be provided with 20 minutes during normal hours of work to meet with the new member by coordinating a mutually acceptable time with both the employee and the supervisor. This meeting will occur within ten (10) working days of the employee becoming a member.

3.05 The University and the Union desire each member to be familiar with the provisions of this agreement and their rights and obligations under it. For this reason, the parties agree that the agreement shall be posted on the University’s website under the Human Resources home page. As well, the parties will each be responsible for the cost of printing the number of collective agreements they require.

ARTICLE 4 – RESERVATION OF MANAGEMENT RIGHTS

4.01 The Union agrees that all rights, prerogatives and authority the University had prior to signing the first Agreement are retained by the University except those specifically abridged, delegated, granted, or modified by this or any supplementary Agreements that may be made in the future, and without limiting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the University to:

(a) maintain order, discipline and efficiency and in connection therewith: to make, alter and enforce from time to time rules and regulations, policies and practices to be observed by its employees; relieve employees from duty because of lack of work or other legitimate reasons; discipline or discharge employees for cause, provided that a claim by an employee who has acquired seniority that they have been unjustly disciplined or discharged may be the subject matter of a grievance and dealt with as hereinafter provided;

(b) select, hire, transfer, promote, demote, classify, appoint, lay off, or recall employees and select employees for positions excluded from the bargaining unit;

(c) operate and manage the University in all respects in accordance with the University’s commitments, obligations and responsibilities including the right to determine the number and location of the University’s establishments and their expansion or curtailment; direction of the work force, subcontracting of work, schedules of operations, methods, techniques, work procedures, quality and quantity standards; determine job content, establishment of work or job assignments, change, combine or abolish job classifications, qualifications of an employee to perform any particular job; require employees to have medical examinations; decide the number and type of employees needed by the University at any time, number of hours to be worked, starting and quitting times, when overtime shall be worked and require employees to work overtime; determine financial policies, including general accounting procedures.

4.02 An employee who has not completed their probationary period may be discharged without cause and at the sole discretion of the University.

4.03 The University agrees that it will not exercise its functions in Article 4 – Reservation of Management Rights in a manner inconsistent with the express provisions of this Agreement.

4.04 Failure to exercise any of its management rights at any time shall not be considered to be an abandonment of such rights.

4.05 No employee shall be terminated or laid-off as a result of work being contracted out or performed by employees outside the bargaining unit.

ARTICLE 5 – UNION MEMBERSHIP

5.01 The Union agrees that any employees to whom this contract applies may exercise or may refrain from exercising their right to become a member of the Union.

5.02 The University shall, during the life of this Agreement, commencing from the first day of employment, deduct from each employee’s pay the prevailing regular uniform Union dues and remit the same to the Accounting Department of the Union, 100 Lesmill Road, North York, Ontario by the fifteenth (15) day of the month following the month in which such deductions are made. At the same time, the University will submit to the Union the list of names and employee numbers from whose pay such deductions have been made.

5.03 The Union shall advise the University in writing of the amount of the regular uniform Union dues authorized in accordance with the Constitution and By-Laws of the Union.

5.04 The Union shall indemnify and save harmless the University, its agents and/or employees acting on behalf of the University from any and all claims, demands, actions or causes of actions arising out of or in any way connected with the collection or attempted collection of such dues.

5.05 All official correspondence between the parties arising out of this Agreement or incidental thereto shall pass to and from the Director, Human Resources, or designate, and the Local President of the Union with a copy to the Regional Office.

ARTICLE 6 – REPRESENTATION

6.01 The Union and/or the employees covered by this Agreement will not engage in Union activities, solicit membership, or collect other fees during working hours or hold meetings at any time on the premises of the University without the express permission of the University or its designated representatives.

6.02 The University acknowledges the right of the Union to select a maximum of four (4) stewards.

6.03 The Union agrees to provide the University with the names of the stewards. The University shall not be required to recognize any stewards until such notification from the Union has been received.

6.04 Any member will have the right at any time to call upon the assistance of representatives of OPSEU. Such representatives will have reasonable access to Nipissing University premises to consult with members, Local Executive officials or the Employer.

6.05 An employee who is required to participate in an investigation or to receive a verbal reprimand, a written reprimand, suspension, or who is to be discharged or disciplined, shall have the right to have a Union representative who is available at the time attend the meeting. Under normal circumstances, the Employer will give the employee one working days’ notice to secure Union representation. It is understood that notice shall be given during the employee’s normal working day. The meeting notification will include the subject matter and any information required to participate.

6.06 Members who are acting in a temporary assignment and/or temporary vacancy outside of the bargaining unit that includes a supervisory capacity of any other bargaining unit member will have restricted access to only relevant personal employee information that would be necessary to perform their duties.

6.07 Within sixty (60) days after the signing of this Agreement, the University will place a secure searchable PDF copy of the Agreement on the Nipissing University Human Resources website. The searchable PDF will exclude the signatures.

6.08 The privilege of a steward to leave their work without loss of basic pay to attend a meeting with the University is granted on the following conditions:

The steward concerned shall request permission of the Director, Human Resources, or designate, for an appointment time before leaving their work.

The time shall be devoted to the prompt handling of necessary business.

The University reserves the right to limit time if it deems the time to be excessive.

6.09 Negotiating Team

The University will recognize up to a maximum of three (3) union members to meet with the University to negotiate the renewal of this Agreement.

Leave of absence with no loss of pay and with no loss of credits shall be granted to a member of the Union who participates in negotiations.

6.10 At least two (2) bargaining unit employees will be included on the selection committee for the annual staff awards for exceptional performance and/or service.

6.11 At least four (4) employees of the bargaining unit will be included on the Pension and Benefits Advisory Committee.

6.12 Occupational Health and Safety

The Employer and the Union agree that they mutually desire to maintain standards of health and safety at the University in order to prevent accidents, injury and illness. The Employer and the Union will work collaboratively to meet all of their requirements under the Occupational Health and Safety Act, including the composition of the Joint Health and Safety Committee.

6.13 (a) Any worker representative on the Joint Health and Safety Committee shall participate in a training program within three (3) months of their appointment to the JHSC. The Director, Human Resources and the Local President will select a mutually agreed upon provider for the training from the approved list from the Ministry of Labour.

(b) The employer will pay the costs of the registration and materials for the training program(s) identified in 6.13(a). Employees will also be able to access the appropriate policy to cover meals, mileage and travel should it be applicable

6.14 (a) An Employer/Employee Relations committee has been established to consult on matters of mutual interest.

The committee may meet once every three (3) months at the initiative of either party. Agenda items may be advanced by any member of the committee and will be circulated to all committee members at least ten days in advance of the meeting.

Additional meetings may be scheduled with agreement of the committee.

The meetings shall be scheduled during regular working hours, and there shall be no loss of regular pay or seniority for committee members to attend the meeting.

This committee shall not have the authority to amend the collective agreement.

The executive of Local 608 will inform the employer of the four (4) members representing the Union. At least two members must be present at each ERC meeting. It is understood that the composition of the ERC also includes members from the part-time bargaining unit in addition to the four (4) members mentioned here.

The Director, Human Resources (or designate) will assign a recording secretary to take minutes at the meetings. The minutes will be circulated within one week following the meeting to the committee for review and subsequent approval at the next meeting.

6.15 Day of Mourning

The parties recognize April 28 as the annual day of remembrance for workers killed or injured on the job. The Local President or designate may make a request to attend Day of Mourning ceremonies in the community.

ARTICLE 7 – NO STRIKES – NO LOCKOUTS

7.01 (a) In view of the orderly procedures established by this Agreement for the settling of disputes and the handling of grievances, the Union agrees that during the life of this Agreement, there will be no strike, slowdown, or stoppage of work, either complete or partial or work to rule.

(b) The University agrees that there will be no lockout of employees during the life of this Agreement.

7.02 The words “strike” and “lockout” shall be defined as in the Labour Relations Act.

7.03 The University shall have the right to discharge or otherwise discipline employees who take part in or instigate any illegal strike, stoppage or slowdown, but a claim of unjust discharge or treatment may be the subject of a grievance and dealt with as provided in Articles 8 and 9.

7.04 The parties further agree that it will not involve any employee of the University or the University itself in any dispute which may arise between any other employer and the employees of such other employer. The restriction on employees shall not apply during time the employee is not scheduled to work provided the employee’s activity does not adversely affect the University.

7.05 In the event that there is a strike of another bargaining unit within the University, the Employer agrees that it will not assign such work or tasks that are normally performed by the other bargaining unit to any members of this bargaining unit.

ARTICLE 8 – GRIEVANCE PROCEDURE

8.01 For the purpose of this Agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Agreement including any question as to whether the matter is arbitrable.

8.02 It is the mutual desire of the parties that all complaints and grievances will be adjusted as quickly as possible. It is understood that any employee may present an oral complaint at any time to their immediate supervisor without resorting to the grievance procedures. Except where otherwise provided, it is understood that an employee has no grievance unless and until the matter is first discussed with the employee’s immediate supervisor. Such complaint shall be discussed with the immediate supervisor within ten (10) working days from the event giving rise to the complaint or from the date the employee should have reasonably become aware of the event giving rise to the complaint. The immediate supervisor shall provide a decision regarding the complaint within five (5) working days of receiving the complaint from the employee. If upon receipt of the decision the matter is not resolved to the satisfaction of the employee, it may be grieved and disposed of in the following manner:

STEP 1

The employee shall submit a written grievance to their immediate supervisor. Such grievance shall be submitted within ten (10) working days of the occurrence of the event which gave rise to the grievance and must be signed by the employee claiming to be grieved at which time the matter will be discussed. The grievance shall cite the specific article of this contract which the grievor claims has been violated and shall also specify redress being sought. The employee may be accompanied by a Union steward if desired. The immediate supervisor shall submit their response in writing within seven (7) working days of filing of the grievance at Step 1. A copy of all correspondence pertaining to a grievance will be sent to the Director, Human Resources or designate and the Local 608 President or designate.

STEP 2

Failing settlement of the grievance at Step 1 or failure of the immediate supervisor to submit a response within the described period, the employee shall present the grievance in writing to the Director, Human Resources, or designate, within five (5) working days after the response is received or should have been received in Step 1. The Director, Human Resources, or designate, shall convene a meeting with the immediate supervisor, the grievor and their representative(s)

OPSEU/SEFPO

Nipissing University – Local 608 FT – Collective Agreement 2020-23

ARTICLE 1 – PURPOSE