|C O L L E C T I V E |
A G R E E M E N T
Dated December 20, 2001
UNIVERSITY OF WINDSOR
NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION & GENERAL
WORKERS UNION OF CANADA (C.A.W. - CANADA LOCAL 2458 -
FULL TIME OFFICE & CLERICAL UNIT)
THIS AGREEMENT made this 20th day of December, 2001
UNIVERSITY OF WINDSOR, hereinafter called the "Employer"
OF THE FIRST PART
NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION & GENERAL
WORKERS UNION OF CANADA (C.A.W. - CANADA LOCAL 2458 -
FULL TIME OFFICE & CLERICAL UNIT) hereinafter call the "Union"
OF THE SECOND PART
Department of Human Resources
University of Windsor
I N D E XArticle Number Subject Matter Page Number
1 Preamble 1
2 Management Rights 2
3 Recognition 2
4 No Discrimination - Equal Opportunity 4
5 Union Security 6
6 Strikes and Lockouts 8
7 Notices 8
8 Representation 8
9 Seniority 10
10 Posting of Vacancies and New Positions 15
11 Grievance Procedure 17
12 Arbitration 19
13 Discipline and Discharge Cases 20
14 Hours of Work, Overtime and
Other Working Conditions 21
15 Paid Holidays 24
16 Vacations 25
17 Long Term Salary-Wage Continuance
Insurance Plan 27
18 Leaves of Absence 30
19 Welfare Benefits 39
20 Duration and Termination of Collective Agreement 42
21 Probation 43
22 Bulletin Boards 43
23 Tuition Remission 43
24 Copies of the Agreement 44
25 General 44
26 Employee Assistance Program 45
Memorandum of Agreement Re: Joint Job Evaluation Committee 48
Letter of Intent Re: Technological Change 49
Letter of Intent Re: Bi-weekly Payroll 49
Letter of Intent Re: Modified Work Program 50
Letter of Intent Re: V.D.T.'s 50
Letter of Intent Re: Twelve Hour Shift 51
Letter of Understanding Re: Joint Job Evaluation Committee 54
Letter of Understanding Regarding Tuition Remission 54
Letter of Understanding Re: Mandatory Drug Testing 54
Letter of Understanding Re: Temperature Below 18 Degree Celsius 55
Letter of Understanding
Regarding Temperature Above 31 Degrees Celsius (87.8 of Degrees) 55
Letter of Understanding Re: Bomb Threats 55
Letter of Understanding Re: Employment Equity 55
Letter of Understanding Re: Voluntary Summer Hours Schedule 56
Letter of Understanding Re: Mail Carts 56
Letter of Understanding Re: Disability 57
Letter of Intent Regarding Orientation 57
Letter of Understanding Regarding OSAP/Work Study
Student Employment 57
Schedule 'A' Base Salary/Wage Rates 58
A G R E E M E N T
THIS AGREEMENT made this 20th day of December, 2001
UNIVERSITY OF WINDSOR, hereinafter called the "Employer"
OF THE FIRST PART
NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION & GENERAL
WORKERS UNION OF CANADA (C.A.W. - CANADA LOCAL 2458 -
FULL TIME OFFICE & CLERICAL UNIT), hereinafter call the "Union"
OF THE SECOND PART
ARTICLE 1 - PREAMBLE
WHEREAS it is the desire of both parties to this Agreement:
1.To establish and maintain mutually satisfactory relations between the Employer, its employees within the Bargaining Unit and the Union.
2.To secure prompt and equitable disposition of grievances arising out of the administration of the within Agreement or other problems.
3.To establish and maintain conditions mutually satisfactory to both parties.
4.To encourage efficiency in operation.
5.To promote the morale, well being and security of all employees within the Bargaining Unit.
6.The parties also acknowledge the right of each other and their representatives and members to be treated with dignity and respect in the performance of their duties and to work in an environment free of harassment.
NOW THEREFORE, the parties agree as follows:
ARTICLE 2 - MANAGEMENT RIGHTS
2:01The Union acknowledges that all managerial rights of the Employer hitherto exercised by the Employer shall be reserved to it, except to the extent herein limited; and without limiting the generality of the foregoing, the Union acknowledges that it is the right of the Employer to:
(a)Manage, conduct and operate the University of Windsor;
(b)Maintain order, discipline and efficiency;
(c)Establish and enforce rules and regulations not inconsistent with the provisions of this Agreement, governing the conduct of the employees;
(d)Hire, classify, direct, transfer, lay off, promote, demote, suspend, discipline or discharge employees for just cause provided that a claim of direction, transfer, promotion, demotion, lay off, suspension, discipline or discharge without just cause may be the subject of a grievance under the orderly procedure as outlined in this Agreement.
2:02The Employer agrees that such rights shall be exercised in a fair manner consistent with the terms and provisions of this Agreement.
2:03The Employer will inform the Union and the Chairperson, in writing, of any changes concerning rules and regulations as referred to in 2:01 (c) above.
ARTICLE 3 - RECOGNITION
3:01The Employer hereby agrees to recognize the Union as the sole and exclusive Bargaining Agent of all clerical, secretarial and office employees employed by the University of Windsor at Windsor, Ontario save and except: supervisors and persons above the rank of supervisor; persons employed to undertake specific sponsored research projects; full and part-time officers of instruction together with instructors, sessional appointees, teaching assistants and postdoctoral fellows engaged in teaching and/or research; medical doctors and registered nurses; professional librarians; persons employed in the University Libraries holding the rank of depart-ment head or above; administrative assistants and research assistants and systems analysts and persons above such ranks employed in the University libraries; persons regularly employed for not more than twenty-four (24) hours per week; students; and persons engaged in the following positions: Secretary to the President; one (1) Secretary to each Vice-President; one (1) Secretary to each Assistant Vice-President; Secretary to the Associate Vice-President - Academic; Secretary to the Secretary and General Coun-sel of the University; Secretary to the Human Rights Commissioner; Secretary to the Clerk of the Senate; all staff Department of Human Resources; Secretary to the Assistant Director of Finance-Accounting and Sys-tems; Secretary to the Assistant Director of Finance - Planning and Budgets; Pro-gram-mers and Systems Analysts; Secretary to the Manager of Computing Services; Secretary to the Secretary of the Board of Governors; Secretary to the Registrar; one (1) Secretary to each Administrative Director and persons above the rank of Adminis-trative Director; Special Assistants to Deans; Secretaries to the University Librar-ian; and Secretary to the Law Librarian; Telecommunication Supervisor; Assistant Registrars; Chauffeur; one (1) Operator, Word Processing; Institu-tional Analyst; and save and except persons covered by subsisting Collective Agreements with the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Local 195; National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Local 2458 - Engineers; National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Local 2458 Part Time;- Canadian Union of Public Employees, Local 1393; and the Canadian Union of Public Employees, Local 1001.
3:02 (aThe Employer may replace an employee on an approved leave of absence and long term disability for the lesser of the duration of the leave or one hundred and eighty (180) calendar days, with a temporary employee who shall not acquire seniority status, except as provided in clause 3:02 (b) below. If the Employer fails to notify the Union within fourteen (14) calendar days from the date of hire of such a temporary employee the temporary employee shall be considered a probationary employee from the date they started the temporary full-time position. If the leave extends beyond one hundred and eighty (180) calendar days, the Employer may, with the written consent of the Union, retain the temporary employee for a further one hundred and eighty (180) calendar days or until the end of the leave of absence whichever first occurs.
3:02 (b) It is further agreed that if a temporary employee is, with the consent of the Union, continued in the employ of the Employer beyond three hundred and sixty (360) calendar days, the temporary employee shall acquire seniority status back to the date they started in the temporary full-time position. The provisions of the Collective Agreement shall not apply to such a temporary employee until the temporary employee has acquired such seniority status.
3:02 (c) In the event of a Pregnancy/Parental Leave/Adoption Leave as per Article 18:08 (a), 18:08 (b), and 18:08 (c); Educational Leave as per Article 18:12; and Pre-Paid Leave as per Article 18:13; the Employer may replace with a temporary employee, who shall not acquire seniority status, for the duration of the leave. If the Employer fails to notify the Union within fourteen (14) days from the date of hire of such a tempor-ary employee, the temporary employee shall be considered a probation-ary employee from the date they started the temporary full-time position.
3:02 (d) The Union will provide written consent, or denial thereof as the case may be, within seven (7) days of notification to the Union that the University proposes to retain the temporary employee for either a period beyond the initial 180 days under clause 3:02 (a) or a period beyond 360 days under clause 3:02(b).
3:02 (e) The parties agree that the time reference of 180 days and 360 days is all inclusive regardless of the number of employees who may fill the said temporary positions.
3:03 No employee shall be required or permitted to make any written or verbal agreement which may conflict with the terms of this Contract except by mutual written agreement between the President of CAW Local 2458 (Full-time Office & Clerical Unit) and the Director of Human Resources, or their delegate or their designate of the Employer.
3:04 In respect of employees covered by this Agreement, the Employer shall not recognize during the currency of this Agreement any other Bargaining Agent in respect of any matters herein dealt with.
3:05 The Employer agrees there will be no contracting out of any Bargaining Unit work to the extent that no Bargaining Unit Employee who was employed by the Employer before July 1, 2001 and has completed their probationary period, shall be laid off by reason of the Employer contracting out the work being performed by such employee at the time of the contracting out.
ARTICLE 4 - NO DISCRIMINATION - EQUAL OPPORTUNITY
Whereas the Parties reaffirm faith in fundamental human rights and in the dignity and worth of the human person:
The Parties are committed to the creation of a discrimination and harassment-free campus.
Every individual at the University is entitled to work/study in an environment free of discrimination and harassment and in particular to work/study in an environment free of discrimination and harassment including but not limited to discrimination and harassment based on race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, handicap, age, marital status, family status, receipt of public assistance, record of offences, or union membership or activity.
Discrimination is defined as a distinction, whether intentional or not, based on grounds relating to personal characteristics of an individual or group, which has the effect of imposing burdens, obligations, or disadvantages on such individual or group not imposed upon others, or which withholds or limits access to opportunities, benefits, and advantages available to other members of society.
II. GENERAL HARASSMENT
Harassment is defined as vexatious comment or conduct in relation to a person or group of persons which has the effect or purpose of creating a hostile or intimidating working or educational environment when:
such treatment has the effect or purpose of threatening or intimidating a person; or
such treatment abuses the power that one person holds over another or misuses authority (Harassment does not include appropriate direction, delegation, or discipline, administered by a member of Management or designate.); or
such treatment has the effect or purpose of offending or demeaning a person or group of persons on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, handicap, age, marital status, family status, receipt of public assistance, or record of offences.
Harassment may occur during one incident, or over a series of incidents including incidents which, in isolation, would not necessarily constitute harassment. Harassment prevents or impairs the full and equal enjoyment of employment and educational services, benefits and/or opportunities and may occur between people of the same or different status within the University community, regardless of age or sex. Harassment may also be directed at a group as well as at an individual. Harassment may be psychological, verbal or physical or may be all of these.
III. SEXUAL HARASSMENT
Whereas the Parties recognize that sexual harassment often occurs in situations of power differential and that sexual harassment attacks the dignity and self-respect of the victim;
The Parties are committed to the creation of a campus free of sexual harassment.
"Sexual harassment" includes:
a) any unwanted sexual attention or behaviour by a person who knows or ought reasonably to know that such conduct is unwanted; or
b) any implied or expressed promise or reward for complying with a sexually oriented request; or
c) any implied or expressed threat of reprisal, in the form either of actual reprisal or the denial of opportunity for the refusal to comply with a sexually oriented request; or
d) any inappropriate verbal or physical conduct that has a focus on sexuality or sexual identity in what reasonably may be perceived as a hostile, intimidating or offensive manner; or
e) the communication or display of material with a focus on sexuality or sexual identity which has the effect or purpose of creating a hostile or intimidating working or educational environment.
Any complaint of sexual harassment may be grieved using the procedures set out in Article 11 of the collective agreement.
If an employee chooses - prior to the grievance procedure, the complaint may be made to the Committee on Sexual Harassment.
A complaint of this nature shall be promptly investigated and 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.
It is agreed that any member involved in a complaint may choose a Union representative to assist them.
Where the alleged harasser is the person who would normally deal with any of the steps of the complaint or grievance, the complaint or grievance shall automatically be sent forward to the next step.
At no time during or after a sexual harassment grievance shall the grievor be removed from the area of the alleged harasser unless fully and entirely voluntarily requested by the grievor and without prejudice to the validity of the grievance.
The parties agree that there will be no discrimination consistent with the provisions of the Ontario Human Rights Code.
ARTICLE 5 - UNION SECURITY
5:01 The Employer shall deduct from each employee within the Bargaining Unit, from the first pay of each calendar month, the monthly dues that are levied by the Union in accordance with its constitution and by-laws. It shall be a condition of remaining in the employment of the Employer that each such employee authorizes the Employer to make such deductions in the following form:
C.A.W. CANADA, LOCAL 2458
CHECK OFF CARD
I hereby authorize the University of Windsor to deduct from my first pay, and from the pay due me each calendar month for the duration of my employment and as a condition of my employment, the sum of the monthly dues as certified by the National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Local 2458 (Full-time Office & Clerical Unit) and to pay the sum deducted to a designated official of the said Union.
5:02 The amount of such dues shall be certified to the Employer by an authorized officer of the Union. In the event of a change of such amounts, not less than thirty (30) days notice shall be given to the Employer.
5:03 Present employees who are members of the Union and new employees who may subsequently become members of the Union shall maintain such membership in good standing as a condition of their continued employment with the Employer.
5:04 The dues deducted from the pay of the employee, together with a record of those from whom pay deductions have been made shall be remitted by the Employer to the Union not later than the twentieth (20th) day of each month for the month in which they are deducted. Such records shall also include a monthly brief explanation (e.g. employment terminated, leave of absence, etc.) regarding each employee from whom dues have not been deducted.
5:05 It is agreed that upon commencement of employment, new employees shall be advised by a representative of the Union of the existence of the Union and of the conditions surrounding their employment, as contained in the herein Collective Agreement. On hiring new employees the Employer will secure execution of the Authorization Card hereinbefore described by such new employees. A copy of such card shall be mailed to the Union.
5:06 The Employer will furnish the Union every month with names of new employees and their classifications, names of employees whose employment has terminated, the names of employees who have attained seniority, names of employees who are receiving long term disability payments, the names of employees laid off, changes in any classification of employees, and the names of employees and their appointments made under the Job Posting procedure or otherwise.
ARTICLE 6 - STRIKES AND LOCKOUTS
6:01 The Union agrees that during the term of this Agreement there shall be no strikes, suspension or slow down of work. The Employer agrees that there shall be no lockout of the employees during the currency of this Agreement.
6:02 In the event that any employees of the Employer, other than those covered by this Agreement, engage in a strike or where employees in a labour dispute engage in a strike and maintain picket lines, the employees covered by this Agreement shall have the right to refuse to cross such picket lines. Failure to cross such a picket line by the members of this Union shall not be considered a violation of this Agreement, nor shall it be grounds for disciplinary action.
ARTICLE 7 - NOTICES
7:01 Notices required to be served hereunder upon either the Union or the Employer shall be deemed to be served sufficiently if mailed or delivered to the President of the Union and the Director of Human Resources, or their delegates respectively.
ARTICLE 8 - REPRESENTATION
8:01 The Employer acknowledges and recognizes the right of the Union to appoint, elect or otherwise select a Committee of not more than nine (9) persons (in addition to the President and/or Vice-President of the Union), which Committee shall be called the Union Administrative Committee, one of whose members shall be the Chairperson, who are authorized to represent the employees from time to time in discussions and dealings with the Employer in connection with any matters which may properly arise out of the administration of this Agreement. The Chairperson and five (5) of the remaining Union Administrative Committee Members shall also serve on the Negotiating Committee of the Union and the Grievance Committee. The Union agrees to notify the Employer in writing of the names of the members of the Committee and of any changes therein. Persons serving on the aforesaid Committees must have a minimum of six (6) months seniority.
8:02 The Employer acknowledges and recognizes the right of the Union to enlarge such Committee or Committees at any time by the addition of representatives of the National Automobile, Aerospace, Transportation & General Workers Union of Canada (C.A.W.-Canada) Local 2458 who are not members of the Bargaining Unit and representatives of the National Automobile, Aerospace, Transportation & General Workers Union of Canada (C.A.W.-Canada) who are not members of the Bargaining Unit when dealing with the Employer.
8:03 It is agreed that meetings between the Employer and the Union Administrative Committee or the Negotiation Committee of the Union called at the request of either party will normally be held during regular working hours, unless otherwise mutually agreed. Employees attending any meeting within working hours, including ones dealing with grievances, shall suffer no loss of pay.
8:04 In the event of either party wishing to call a meeting for the purpose of discussing employee/management union relations or matters arising out of the administration of the within Agreement, the Director of Human Resources, or their delegate of the Employer and/or the Union's President shall be notified in writing. The said meeting shall be held at a time and place that shall be fixed by mutual agreement. The said meeting shall be held within seven (7) calendar days following delivery of said notice in writing, except when such period of time is shortened or enlarged by agreement between the parties. The party calling the meeting shall submit an agenda at the same time as the notice of the meeting.
8:05 The Union, its agents and its members within the Bargaining Unit agree that there shall be no Union activities during working hours on the premises of the Employer except as referred to in this Agreement or approved in writing by the Employee Relations Manager or their delegate.
8:06 The University will provide suitable office space at a rental rate comparable to the space provided.
8:07 It is agreed between the parties that the Chairperson of the Local or their delegate will suffer no loss of salary whenever he/she is requested by a proper University official to attend upon that official for discussion purposes. It is further agreed that the Chairperson of C.A.W. Local 2458 shall be allowed seven (7) hours per week with pay for the purpose of conducting Union business.
ARTICLE 9 - SENIORITY
For the purposes of the administration of this Article, the following definitions will apply:
Elimination/Eliminated: The termination of an employee’s position on a permanent basis.
Discontinuance/Discontinued: The termination of an employee’s position for a fixed term, which may not exceed four (4) months.
Laid Off Employee: A laid off employee shall mean an employee who as a result of the displacement procedure cannot assume another job or elects to waive the displacement procedure.
9:01 University-wide seniority shall be defined as length of continuous service with the Employer from the date of hiring and seniority rights shall be established after completion of the probationary period as defined in Article 21.
9:02 Departmental seniority shall be defined as length of continuous service in a Department, Office, School, or Faculty within the University from the date upon which the employee became so employed.
9:03 The term "University-wide seniority" herein referred to shall refer to employment with Assumption College, Assumption University of Windsor, Essex College and Windsor Teachers' College prior to May, 1976. For the University of Windsor, "University-wide" seniority shall refer to the date of employment within the bargaining unit by the employee.
9:04 Copies of the bargaining-unit wide and departmental seniority lists shall be provided to the Union Chairperson and the President of the Union on the first day of April and October of each year for posting on the Union bulletin boards. These lists shall include the seniority standing and job classification. Upon request of the Chairperson, the Employer will provide current seniority lists at times other than those outlined herein.
9:05 The parties recognize that part-time employees are unionized and subject to any provision of the part-time Collective Agreement and subject to the Labour Relations Act or any applicable legislation or case law, the order of layoff shall be:
9:05 (a) Whenever, for a period of four (4) weeks or more a job within a department is to be discontinued or eliminated, students within that job, then probationary employees within that job, shall be terminated.
9:05 (b) If the work force is to be further reduced then the employee in the job and/or classification that is affected who has the least University-wide seniority shall be laid off.
9:05 (c) (i) Any employee so laid off (as per (b) above) shall then be afforded the opportunity to displace an employee with lesser University-wide seniority in the same or a lower classification that the laid off employee is capable of performing, or accept the lay off.
(ii) The employee must exercise their displacement rights or accept the layoff within three (3) scheduled working days following the date of notification of the discontinuance or elimination of their job. If the employee is on vacation or a leave of absence on the said date, the employee shall exercise the said displacement rights within three (3) working days following the date of receipt of such notification by registered mail, or any other means of delivery requiring the employee’s signature for evidence of receipt.
(iii) When the employee has made their choice in (ii) above, the employee who has been displaced will be given three (3) scheduled working days following the date of notification that they have been displaced, to exercise their displacement rights, or to accept the layoff. If the employee is on vacation or a leave of absence on the said date, the employee shall exercise the said displacement rights or accept the lay off within three (3) working days following the date of receipt of such notification by registered mail, or any other means of delivery requiring the employee’s signature for evidence of receipt.
(iv) The procedure set out in (i), (ii), and (iii) above will continue until there are no further possible displacements, or until enough employees have opted to take the layoff. It is understood some employees may have to exercise their displacement rights more than once.
(v) It is understood that displacement chains may occur simultaneously.
(vi) If, in the opinion of the Employer, the employee is deemed not to be capable of performing the duties of the position within a 20 working day familiarization period, the employee shall be given a second and final opportunity to exercise their displacement rights. Such displacement rights shall be exercised within 3 working days of the date of notification. If, in the opinion of the Employer, the employee is deemed not to be capable of performing the second job within a 20 working day familiarization period, the employee shall be laid off.
(vii) Should the employee not be successful during the 20 working day familiarization period, it is understood that only the employees involved in that single displacement chain would be returned to their former positions.
(viii) Should the employee decide during the first ten (10) days of the familiarization period that they are not satisfied in their new position, they shall be allowed to exercise their displacement rights, into another position. The employee may utilize this second displacement right only once.
(ix) Failure to exercise displacement rights as hereinbefore set out shall result in the employee being laid off and placed on the recall list. Such employee is therefore deemed to have waived their displacement rights.
9:05 (d) (i) The above procedure shall be repeated until an employee whose job is assumed cannot assume another job and is laid off. Such employee shall receive thirty (30) calendar days notice or pay in lieu of notice.
(ii) All employees affected by the above procedure, in going to a new position will be put into their new position on approximately the same date. The date for any one individual may be delayed to accommodate unforeseen circumstances beyond the control of either party; for example, illness or leave to serve as a juror.
9:05 (e) (i) If a posted position has not been filled by a member of this bargaining unit, then all employees who have been laid off shall have the opportunity to be recalled in order of University-wide seniority provided such employee is at the same or higher classification than that carried by the vacant position. The University shall not fill any vacancy until all employees have had the opportunity of recall. The recalled employee must be capable of performing the work they are being recalled to.
(ii) Employees retain the right to recall for one (1) calendar year from their most recent laid off date.
9:05 (f) An employee who has accepted a recall into another position shall have the first right of recall to the position and/or classification they were originally laid off from should it become available within one hundred and eighty (180) calendar days from the effective laid off date.
9:05 (g) Within this bargaining unit whenever for a period of less than four (4) weeks a job within the department is to be discontinued, the employee in that job with the least seniority would be laid off. The said employee shall be afforded the opportunity to displace a student and/or probationary employee employed in that department in the same or lower classification, subject to qualifications.
9:05 (h) In the case of short-term layoffs wherein the layoff periods have aggregated to four (4) weeks or more during a twelve month period, a person so laid off may displace that person having the lowest University-wide seniority on the seniority list whose pay classification is equal to or lower than that of the person laid off. The person so laid off shall be qualified to perform the work of the employee he/she seeks to displace. An employee who assumes a lower classified position shall have their salary adjusted as per Article 10:07. The procedures of the within clause shall be limited to the first person laid off and none other. In the event of recall, the appropriate seniority shall apply.
9:06 In order that the operation of the Union will not become disorganized, the parties agree that when lay offs are being made, the Chairperson and all Union Administrative Committee Members shall be the last employees laid off so long as they hold such positions in the Bargaining Unit. The Employer agrees to continue to provide full-time work which such employees are capable of performing within the Bargaining Unit.
9:07 The parties agree that all bumping procedures shall be administered by one (1) representative of the Union selected by that body, and one (1) representative appointed by the Employer. Should the Union representative not be available, the Chairperson or his/her designate will be called to participate in order to avoid delays in the bumping process. In the event that the parties hereto are unable to resolve any matter related to the bumping procedure mentioned herein, such disputes shall be processed through the grievance procedure as set forth in this Agreement.
9:08 In the event that the Employer shall merge, amalgamate or combine any of its operations or functions with another employer, the Employer agrees to use its best efforts to secure the retention of seniority rights for all employees with the new employer.
9:09 Any controversy over an employee's seniority or seniority rights shall be subject to the grievance procedure herein set forth.
9:10 The seniority of an employee shall terminate if:
(a) The employee is discharged for just cause and not reinstated.
(b) The employee resigns.
(c) The employee is absent from work in excess of five (5) working days without notifying the Employer unless such notice was not reasonably possible.
(d) After a lay off the employee fails to return to work within seven (7) calendar days after being notified by the Employer by registered mail or any other means of delivery requiring a signature of the employee for evidence of receipt so to do, addressed to their residence unless the employee is unable so to do by reason of illness or other reasonable cause. Reasonable cause shall not be interpreted as refusal to accept a position for which the employee is qualified. It shall be the responsibility of the employee to keep the Employer informed of their current residential address. The employee must notify the Employer within three working days after receipt of notice of recall that they are unable to accept the position due to illness or other reasonable cause.
(e) The employee is laid off for a period longer than one (1) year.
9:11 Continuous service or continuous employment shall mean unbroken employment and shall include: vacations and holidays, scheduled days off, absence because of illness or injury for a period of three (3) years, approved leaves of absence, lay offs, and suspensions. All periods may be extended by mutual written consent of the parties hereto.
9:12 In the event that the Employer shall merge, amalgamate, combine, or restructure any of its departments or operations, such new position(s) shall be reviewed by the Joint Job Evaluation Committee and, should such position(s) increase by two (2) or more classifications, the position(s) shall be posted. The Employer agrees that employees whose jobs are eliminated as a result of such action shall:
a) in the case where the resulting job(s) are of the same classification, the employees so affected shall have the first right of assignment to such job(s) as may be created by such merger, amalgamation, combination, or restructuring provided they are qualified to perform the duties of the job(s) in question and such assignment shall be in order of the highest University-wide seniority amongst said employees so affected to the lowest; where no such assignment is possible, the employee so affected shall have the rights of displacement as provided for in this Article.
b) in the case where the resulting job(s) are of a lower classification, the employees so affected shall have first right of assignment to such job(s) as may be created by such merger, amalgamation, combination, or restructuring provided they are qualified to perform the duties of the job(s) in question and such assignment shall be in order of the highest University-wide seniority amongst said employees so affected to the lowest, or the employee so affected shall have the rights of displacement as provided for in this Article.
9:13 The Employer agrees that students and probationary employees will not be employed in a department so long as members of the Bargaining Unit in that department are on lay off. It is further agreed that an employee holding an eight- or nine-month position about to be laid off has the option of accepting the layoff or working any available hours. In the event the laid off employee elects not to displace a student employee in the department, or accept part-time work, the entire obligation of the Employer with regard to the within clause has been fulfilled.
ARTICLE 10 - POSTING OF VACANCIES AND NEW POSITIONS
10:01 When a vacancy occurs or promotion occurs or a new position is created within the Bargaining Unit, the Employer shall notify the Union in writing and post notice of the position on all bulletin boards herein provided for, for a minimum of seven (7) calendar days. The employee shall apply in writing as set forth on the job posting. Such posting shall contain the following information: Position Title, Department, Qualifications, Shift and rate as per Schedule "A" of the within Contractual Agreement. If only one employee applies for a vacancy, promotion or new job, if such employee fulfils the minimum requirements as per the job posting, such employee shall be given a trial period of up to sixty (60) working days. If an employee is not successful in attaining the posted position, the Employer must give written notice of such fact to the employee involved and to the Union. The Employer shall notify the Union in writing of the names and seniority of successful applicants within three (3) working days of the appointment. A copy of such notice shall also be given to the Chairperson.
10:02 In the event that more than one (1) employee applies for the vacancy, promotion or new position, the Employer shall consider the following two factors in determining which employee is to be selected:
(a) University-wide seniority.
(b) The requirements and efficiency of operations and the ability, knowledge, and aptitude of the applicant to do the job.
10:03 The successful applicant for a new job, promotion or vacancy shall be placed on probation for a trial period. Such period shall not exceed the probationary period as hereinbefore provided in clause 10:01. In the event the successful applicant proves unsatisfactory in the position during the aforementioned trial period, such an employee shall be returned to their former position if it exists, if not then the employee will bump the junior person in the classification. In such event, the Employer shall then select the employee who has applied for the position and has the second longest seniority in the employment of the Employer. In the event the second successful applicant proves unsatisfactory in the position during the aforementioned trial period, such second employee shall be returned to their former position if it exists, if not then the employee will bump the junior person in the classification. In such event, the Employer shall then select the employee who has applied for the position and has the third longest seniority in the employment of the Employer. In the event the third successful applicant proves unsatisfactory in the position during the aforementioned trial period, such third employee shall be returned to their former position if it exists, if not the employee will bump the junior person in the classification. In such event, the Employer shall be entitled to award the position to an employee of the Employer's choice. If the successful applicant for a new job or vacancy should so decide, the employee may at their option return to their former position with all rights, privileges and salary rate previously enjoyed provided the employee exercises such option within the aforementioned trial period and provided their position still exists, if not the employee will bump the junior person in the classification.
10:04 The Employer agrees that all applicants and the Chairperson shall be notified in writing of the name of the successful applicant. The Chairperon shall be given reasons for rejection of applicants upon request.
10:05 If an employee applies for and is awarded a vacancy or a new position outside of the Bargaining Unit and subsequently returns to the Bargaining Unit the employee shall be considered a new employee for the purposes of seniority. If such employee returns to the Bargaining Unit within a period of sixty (60) working days, the employee shall have all seniority rights previously enjoyed as a member of the Bargaining Unit.
10:06 Whenever more than one (1) vacancy and/or new position is posted, employees within the Bargaining Unit shall be permitted to apply for more than one such vacancy and/or position at the same time.
10:07 The following salary adjustments shall be made on the promotion of an employee to a higher classification:
(a) one or two step promotion - maintain the same position in the new range relative to the old rate;
(b) three step or greater promotion - move to the salary rate for the new range one column to the left of the old rate except that where the increase would be less than for a promotion in (a) above the employee shall maintain the same position in the new range relative to the old rate;
(c) no employee shall receive less than the minimum rate for the new range.
The following salary adjustments shall be made when an employee moves to a lower classification:
(a) move to the highest rate in the classification not exceeding the employees current rate
(b) in no case shall the new rate exceed the maximum set as per Schedule A
10:08 It is clearly understood that employees may exercise their rights under this clause and the employer undertakes to ensure full protection of said rights.
10:09 When a vacancy becomes available in a department and the department head deems there is a need to temporarily fill such position prior to it being posted, the position shall then be offered to the most senior qualified employee in the department and they shall be paid for such classification as per clause 10:07.
ARTICLE 11 - GRIEVANCE PROCEDURE
11:01 The employer and the Union agree that grievances shall be settled promptly. Should a dispute or a grievance arise between the Employer and the employee regarding the interpreta-tion, meaning, operation or application of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, such dispute or grievance or question shall be dealt with in the following manner:
Step 1: An employee or employees having a grievance or complaint shall first present the same in writing to their Union Administrative Committee Member.
Step 2: The employee or employees concerned together with their Union Administrative Committee Member or Chairperson shall, within such employee's next five (5) working days after such grievance or complaint has arisen, reduce to writing citing the alleged violations and the particulars of the situation giving rise to the grievance to their immediate supervisor who shall reply in writing within five (5) working days immediately following presentation of such grievance or complaint. In the case of griev-ances arising out of the Job Posting Procedures set forth in Article 10 of the within Collective Agreement, employees having grievances related to their failure to obtain a posted position(s) shall submit their grievance in the first instance at the Step 4 level.
Step 3: Failing settlement under Step 2, the grievor shall, within five (5) working days following receipt of the supervisors's decision, refer the grievance or complaint in writing to the appropriate administrative director or academic dean. The administrative director or academic dean shall render a decision in writing within five (5) working days.
Step 4: Failing settlement under Step 3, the grievor shall, within five (5) working days following receipt of the decision of the administrative director or academic dean, refer the grievance or complaint in writing to the Employee Relations Manager who shall render a decision in writing within five (5) working days. The Employee Relations Manager may call a meeting with the Union Grievance Committee to discuss the grievance or complaint. At such meeting the grievor and their supervisor shall be in attendance.
Step 5: Failing settlement under Step 4, the grievance or complaint may be referred to arbitration within five (5) working days following receipt of the decision of the Employee Relations Manager.
11:02 Where a dispute between the parties involving a question of general policy occurs, the difference between the parties shall be reduced to writing citing the alleged violations and the particulars of the situation giving rise to the grievance and, in the case of a Union griev-ance, signed by the President, Vice-President, or his appointee. In the case of a grievance by the Employer it shall be signed by the Employee Relations Manager. Failing settlement of such disputes, it is understood that same may be carried through Step 4 of the Grievance Procedures, including arbitration of the final and binding settlement.
11:03 The Employer shall grant sufficient time to the Chairperson and/or Union Administrative Committee Member for the adjustment of grievances without loss of salary. The Chairperson and/or Union Administrative Committee Member shall notify his/her immediate supervisor when leaving his/her job to adjust a grievance and, upon his/her return to work, notify his/her supervisor. In the event the department is unduly interfered with, a mutually agreed upon time will be taken within 24 hours.
11:04 All replies to grievances shall be in writing at all stages and copies of such replies from the Employer shall be forwarded by the Employer to the President of the Union and the Chairperson within the time limits as specified above.
11:05 The Grievance Committee of the Union hereinbefore referred to shall be comprised of the President of the Union and/or their appointee, the Chairperson and two other Union Administrative Committee Members. It is agreed that at least one member of the Grievance Committee shall be the Union Administrative Committee Member representing the grievor.
11:06 Any and all time limits may, at any time, be extended by written mutual agreement of both parties.
11:07 The grievor shall suffer no loss of pay if any meetings required in the within Article are held during the grievor's regular working hours.
11:08 The parties agree to meet on a monthly basis to discuss any outstanding grievance(s) prior to any grievance proceeding to arbitration.
ARTICLE 12 - ARBITRATION
12:01 When either party requests that a grievance be submitted to arbitration the request shall be made by notice in writing addressed to the other party to the Agreement. Within five (5) working days thereafter, the parties shall meet together, if necessary, and appoint an arbitrator. If the parties fail to agree upon the selection of an arbitrator, the appointment shall be made by the Minister of Labour for the Province of Ontario upon request of either party.
12:02 No person shall be selected as an arbitrator who:
(a) is acting or has within a period of six (6) months preceding the date of their appointment, acted in the capacity of a solicitor, legal advisor, counsel or paid agent of either of the parties;
(b) has any pecuniary interest in the matters in dispute.
12:03 The decision of the arbitrator shall be final and binding upon the parties to this Agreement, but in no event shall the arbitrator have the power to alter, modify or amend this Agreement in any respect, or to substitute any new provisions for any existing provisions nor to make any decision inconsistent with the terms and provisions of this Agreement.
12:04 Each party to this Agreement shall pay one-half (½) of the fees and expenses of the arbitrator.
12:05 The time limits fixed in the grievance procedure and the arbitration procedure may be extended by written consent of the parties to this Agreement.
12:06 At any stage of the grievance or arbitration procedure the parties may have the assistance of the employee concerned as a witness and any other witnesses and all reasonable arrangements will be made to permit the conferring parties or the arbitrator to have access to any part of the Employer's premises to view any working condition which may be relevant to the settlement of the grievance. The Employer agrees to permit the Chairperson, the Union Administrative Committee Member representing the grievor, and grievor and up to two (2) witnesses to be present during any arbitration proceedings without loss of pay.
12:07 Nothing herein shall be interpreted or construed to prevent the arbitrator from ordering reinstatement in employment with full pay loss by an employee who has been dismissed or suspended.
ARTICLE 13 - DISCIPLINE AND DISCHARGE CASES
13:01 An employee who is discharged or disciplined by the Employer shall, within five (5) working days, be given notice thereof, and a copy of such notice shall be forwarded to both the President and the Chairperson of the Union. The written notice shall contain the reason(s) for the discipline or discharge of the said employee. A failure to give such notice within the time prescribed shall not invalidate the discharge or discipline.
13:02 Any claim of wrongful discharge or discipline may be submitted to the grievance and arbitration procedures within five (5) working days from the date of receipt of such notice by the President of the Union of such discharge or discipline and shall be dealt with as herein provided. Steps 1 and 2 of the grievance procedure will be omitted in the case of discharge.
13:03 The Employer agrees that the Chairperson or Vice Chairperson shall be present whenever the employee is disciplined up to the point of discharge, and to have a Union Administrative Committee Member or the Chairperson present whenever the employee is discharged. The Union recognizes and agrees that it may on certain occasions be necessary for the Employer to discipline and/or discharge an employee without the Union Administrative Committee Member present. If such action is taken on certain occasions, the Employer agrees to review the action with the employee and a Union Administrative Committee Member or the Chairperson within two (2) working days following the initial action.
13:04 The record of an employee shall not be used against him/her in the following instances: When twenty-four (24) months have elapsed since the issuance of a letter of discipline, provided there has been no recurrence of a similar and/or other infraction. When letters are to be removed from one’s file, they will be returned to the employee.
ARTICLE 14 - HOURS OF WORK, OVERTIME AND OTHER WORKING CONDITIONS
14:01 It is agreed that the normal and recognized hours of work shall be thirty-five (35) hours per week consisting of five (5) seven (7) hour days, except for certain departments where the present work week is forty (40) hours per week consisting of five (5) eight (8) hour days. The work week shall be deemed to commence at 11:59 p.m. on Sunday of each week. The said daily normal hours shall be exclusive of a one (1) hour lunch period provided however, that where the present practice is to have one-half (½) hour lunch period, the said daily normal hours shall be exclusive of the said one-half (½) hour lunch period. The Employer agrees that days off shall be consecutive.
14:02 All employees shall be granted a fifteen (15) minute rest period both in the first half and second half of the normal day's work without loss of pay.
14:03 Employees shall be paid two (2) times their regular straight time rate for all hours worked on their first and/or second regularly scheduled days off. In lieu thereof, if the employee so chooses, the employee shall be entitled to take lieu time as per the Employment Standards Act at a time mutually agreeable to the employee and their Department Head.
14:04 (a) The Employer agrees to pay for authorized time in excess of the daily and weekly hours specified in 14:01 at the rate of two (2) times the employee's straight time rate. In lieu thereof, if the employee so chooses, the employee shall be entitled to take lieu time as per the Employment Standards Act at a time mutually agreeable to the employee and their Department Head. The normal hours of work shall not be reduced or changed for the purpose of avoiding overtime.
14:04 (b) Employees who are required to work one (1) hour or less of overtime at the conclusion of their regularly scheduled shift shall be permitted a fifteen (15) minute paid rest period at the conclusion of their regularly scheduled shift. Employees who are required to work more than two (2) hours of overtime prior to the commencement or following the conclusion of their regularly scheduled shifts, shall be entitled to receive a meal, hot where possible, not to exceed six dollars and fifty cents ($6.50) in the first year of the collective agreement and (C.P.I. - 1) in the subsequent years of the agreement at the expense of the Employer on paid time.
14:04 (c) An employee who is required to report for work outside their regular schedule of hours shall be paid a minimum of four (4) hours at their regular straight time, or the actual hours worked at the appropriate premium payment, whichever is the greater.
14:05 If an employee is excused from work on account of illness or injury during any day or days prior to the completion of their scheduled work week such days shall be considered as time worked for the purpose of computing the employee's entitlement for overtime pay.
14:06 The Employer agrees to use its best efforts to ensure that all overtime be distributed equally among employees in the same department in the same classification and in the same position. The University will post a current listing of all unscheduled overtime equalization calculations by Department, School, Office, Shop or functional section, as applicable. It is agreed members of the Bargaining Unit may ask for and obtain information from their Department Heads or Supervisors as to the manner in which overtime work is distributed among employees in that Department, School, Office, Shop or Section. When overtime is deemed to be necessary, Bargaining Unit employees will be given the opportunity to work such scheduled overtime before part-time or casual employees are utilized.
14:07 The Employer further agrees to give employees four (4) hours notice whenever they are required to work overtime, provided that in the case of emergency or in such cases where the operations of the Employer are such that no notice can reasonably be given, such notice shall not be required.
14:08 Employees who report for scheduled work but for whom no work is available shall be paid four (4) hours at their straight time rate.
14:09 If an employee is required to replace an employee in a higher classification for more than two and one half (2½) working days and performs most of the duties of the higher rated classification, such employee shall be paid in accordance with clause 10:07.
14:10 The Employer agrees that in the event of new classification(s) being created within the Bargaining Unit the regular straight time rates for such classification(s) will be determined by agreement between the Union and the Employer. Failing such agreement, either party hereto shall have recourse to the grievance procedure herein set forth, provided however, that nothing herein shall be construed to prevent the Employer from establishing such new classification(s) immediately and establishing rates therefore, provided that the agreement reached between the parties or as a result of the employment of the grievance procedure shall apply retroactively to the date upon which such new classification(s) was/were established.
14:11 The Employer agrees to include on the employees' T-4 slips the Union dues paid by the employees.
14:12 The Employer agrees to pay, an afternoon shift premium of forty-eight cents ($.48) per hour for a shift which commences after 11:59 a.m. and a midnight shift premium of fifty-five cents ($.55) per hour for a shift which commences after 7:59 p.m. to all employees work-ing the respective shifts.
14:13 It is the responsibility of an employee who is absent from work or late to telephone or have someone telephone on their behalf their supervisor prior to the commencement of the employee's shift. In the event the employee is unable to contact their supervisor by telephone, it is the responsibility of the employee to leave a voice mail message with the supervisor stating their name and the reason for their absence. In the event the employee is unable to contact their immediate supervisor by telephone, the employee must telephone or have someone telephone on their behalf, Human Resources, ext. 2047 stating their name, department, and the reason for the employee's lateness or absence unless it is not reasonably possible so to do. It is further understood that the employee, in the event of a prolonged absence, either update their supervisor weekly or by the provision of appropriate medical certification indicating to the University, the anticipated longevity of the illness.
14:14 The Employer agrees to notify the Chairperson in writing as quickly as possible of any Bargaining Unit employees who terminate their employment for any reason.
14:15 Where the University is closed by order of the President of the University, or their designate, because of a snowstorm emergency, the University agrees to provide seven (7) hours of work at their regular rates of pay to those members of the Bargaining Unit who report for work during their normal shifts.
14:16 The Employer agrees to pay, effective from date of ratification a weekend (Saturday/Sunday) premium of eighty ($.80) to employees who are on a seven (7) day operation and who are required to work for all hours worked on a Saturday and/or Sunday.
14:17 The premium pay herein provided in clauses 14:13 and 14:17 shall not be included as part of the hourly rate of any employee for the computation of overtime pay, and there shall be no pyramiding of premium, overtime or holiday pay.
14:18 If an employee's anniversary date falls within a bi-weekly pay period, payment will be made from the first day of the respective bi-weekly pay for the entire pay period.
14:19 The Employer agrees to forward to the Chairperson of the Union by the first of July annually a list indicating each Employees Name, Position, Title, Classification and the respective Hay Points.
14:20 Employees leaving the services of the University of Windsor on account of retirement shall be entitled to any retroactive benefits as it relates to wages, etc., providing, however, that they were on the payroll on the termination date of the agreement.
ARTICLE 15 - PAID HOLIDAYS
15:01 (a) Each employee will be paid one (1) day's pay at their normal rate of pay for the following holidays, with the exception of those employees who are on Long Term Disability who will receive, effective October 1, 1991, one-third (1/3) a day's pay:
New Year's Day Labour Day
Good Friday Thanksgiving Day
Victoria Day Christmas Day
Canada Day Boxing Day
and the day immediately prior to Christmas Day and New Year's Day and Friday of Employer's Mid-year Recess,* provided the employee has seniority at the date of such holiday and such employee has worked his or her last scheduled working day before the holiday and the next scheduled working day after such holiday. It is further agreed that Easter Sunday will be regarded as a holiday for those persons whose regular or normal schedule includes Easter Sunday.
*In the event that the Mid-Year Recess one week (5 days) is eliminated or reduced, then the day following New Year's Day will replace the Friday of the Employer's mid-year recess.
15:01 (b) With the exception of Easter Sunday, holiday pay will be paid to those employees who are excused from work on account of illness and who are within the short-term disability period (26 weeks) of such illness or who are on approved leave of absence with pay at the time of occurrence of a holiday as herein defined.
15:01 (c) Holiday pay shall not apply to those on lay off or on approved Leave of Absence without pay.
15:02 It is understood and agreed that employees who have not reported for work within seven (7) days prior to any of the holidays referred to, shall not be entitled to the benefit herein provided except as indicated in Article 15:01.
15:03 Employees who are authorized to work and who actually do work on any of the holidays referred to in 15:01 hereof, shall be paid at two times their regular straight time rate plus their holiday pay mentioned above.
15:04 In the event that any of the holidays named above fall during an employee's vacation period, the employee shall receive the said holiday pay prescribed in clause 15:01 hereof in addition to their vacation pay entitlement. If the holiday falls within the employee's vacation period, the employee may elect to receive an additional day's vacation in lieu of the additional pay for the holiday, which day shall be taken on any day mutually satisfactory to the employee and the Department Head.
15:05 Time off on a holiday shall be considered as a day worked for the purpose of computing overtime.
15:06 All holidays falling on a Saturday normally will be observed the preceding Friday; those falling on a Sunday normally will be observed the following Monday.
ARTICLE 16 - VACATIONS
16:01 Employees having six (6) months or more of accumulated service with the Employer, including leaves of absence not requested by the employees but excluding lay off time as calculated from their anniversary date of hiring of each year, but less than twelve (12) months service accumulated as aforesaid, shall receive five-sixths (5/6) of one (1) working day for each full calendar month's service of vacation with pay calculated at their normal rate of pay which they would normally receive if they were working for this period, such vacation entitlement to be taken in the current calendar year.
16:02 Vacation entitlement shall be as follows:
1 to 3 full years of service 10 days vacation
3+ to 10 full years of service 15 days vacation
10+ to 19 full years of service 20 days vacation
19 full years of service 25 days vacation
20 full years of service 26 days vacation
21 full years of service 27 days vacation
22 full years of service 28 days vacation
23 full years of service 29 days vacation
24 or more full years of service 30 days vacation
For payment purposes, all vacation days will be calculated at the normal rate of pay which the employee would normally receive if they were working for this period.
16:03 For purposes of the within Article, length of service shall be determined as being that shown on the University-wide seniority list.
16:04 Employees may take their vacation anytime from January 1st to December 31st. Employees who wish to schedule vacation for periods of one (1) week or more between January 1st and March 1st of any year shall submit a written request to their supervisor two (2) weeks prior to their requested vacation.
16:05 Choice of vacation shall be by mutual consent between employees and Department Head or Supervisor. If the Depart-ment Head concerned agrees, an employee may take their vacation in blocks of one-half (½) days or more. If there should be a dispute amongst employees, then bargaining-unit wide seniority shall prevail.
16:06 Proportionate vacations shall be paid to employees on their termination of employment through resignation or retirement. The estate of an employee shall be paid the proportionate vacation pay for any employee who dies while employed by the Employer.
16:07 If an employee is confined in hospital as a bed patient during their vacation as a result of an illness or injury suffered while on vacation or as the result of a recurrence of any disability for which such employee would otherwise have been entitled to Workplace Safety Insurance, the period of confinement in hospital during vacation shall be charged to the employee's sick leave or Workplace Safety Insurance as the case may be, provided that the employee shall provide proof of such confinement in hospital in such form as may be satisfactory to the Employee Relations Manager. It is further agreed that the period of actual confinement in hospital during the employee's regularly scheduled vacation period shall not be deducted from such employee's vacation entitlement and such employee shall be entitled to take the portion of their vacation during which the employee was confined in hospital at a subsequent date mutually agreeable to the Employer and the employee. If an employee becomes ill or is injured during their vacation such that hospital confinement as a bed patient is not required or if an employee suffers a recurrence during their vacation of any disability for which such employee would otherwise have been entitled to Workplace Safety Insurance, the period of such illness or injury during the vacation shall be charged to the employee's sick leave or Workplace Safety Insurance as the case may be provided the employee shall upon their return to work, swear an Affidavit before a Notary selected by the Employer in which the employee shall give particulars as to the dates, duration and nature of the illness or injury incurred. If, subsequent to the swearing of such Affidavit the Employer can show the employee has falsified in the Affidavit, such employee may be disciplined subject to the right of any employee to file a grievance as set forth in Article 11 hereof.
16:08 For the purpose of calculating vacation entitlement, service with the Employer shall include the following:
(a)* Lay offs.
(b) Approved leaves of absence.
(c) Absence because of illness or injury.
(d) Scheduled days off.
(e) Vacation and paid holidays.
*For the purpose of calculating vacation entitlement, accumulated service as herein defined, shall include lay-offs, except for any new employee(s) hired after May 15, 1982.
16:09 The two (2) or three (3) scheduled days of work each year between Christmas Day and New Year's Day, exclusive of Boxing Day and the day before New Year's Day, shall be considered as additional days of paid vacation. If a member of the Bargaining Unit works on any or all of the said days, such person shall be entitled to compensating time off at a later date to be mutually agreed upon by the employee and their superior or pay at the employee's normal rate of pay in lieu of compensating time off - the choice to be at the option of the employee. It is further agreed the provisions of the within clause shall be applicable to persons away due to illness and who are within the short-term disability period (26 weeks) of such illness at the time of occurrence of the days of paid vacation as set forth herein. Those who commence L.T.D. after October 1, 1991 will receive one-third (1/3) their normal vacation pay entitlement from the Employer.
16:10 Employees entitled to vacation with pay hereunder shall take such vacation at any time from January 1st to December 31st of the same calendar year, except that employees entitled to three (3) weeks vacation may elect to carry forward up to one (1) of the said three (3) weeks of vacation into the following year, and further, except that persons having a vacation entitlement of four (4) or more weeks may elect to carry up to two (2) weeks of the said vacation entitlement into the following year. Vacation carryover requests in excess of two (2) weeks must be approved by the Director of Human Resources, following approval by the Department Head.
16:11 It is understood that those employee(s) who go on L.T.D. after October 1, 1991, will receive one-third (1/3) their normal vacation pay entitlement from the Employer.
ARTICLE 17 - LONG TERM SALARY-WAGE CONTINUANCE INSURANCE PLAN
17:01 The Employer agrees to enroll all members of the Bargaining Unit upon completion of their probationary periods in the existing Long Term Salary-Wage Continuance Insurance Plan. The Employer agrees to provide the Union with a copy of the master contract of insurance as provided by the carrier and as attached hereto as Appendix A. It is understood and agreed that the terms of the said Plan shall be amended to the extent necessary to give effect to the within Agreement and to assure coverage for the said employees on the following basis, provided such employees abide by and comply with the terms, provisions and conditions of the said Plan as the same may be from time to time:
(a) That all employees covered by the within Agreement shall be enrolled under the terms of the said Plan and coverage shall be effective following completion of their probationary employment.
(b) During the period of 26 weeks following the onset of continuous illness, employees shall be paid on the following schedule of pay for such days during such period as they would have been regularly scheduled to work had they not suffered illness.
Short Term Schedule:
Weeks 1 through 3 inclusive @100% of salary taxable
Weeks 4 through 6 inclusive @ 90% of salary taxable
Weeks 7 through 9 inclusive @ 80% of salary taxable
Weeks 10 through 15 inclusive @ 70% of salary taxable
First 15 weeks
Weeks 16 through 17 inclusive @ 70% of salary taxable (2 week EI waiting period)
Weeks 18 through 26 inclusive @ top up to a maximum of 70% of salary taxable (regardless of EI benefit eligibility)
Total of 26 weeks
An employee who is on short term plan and returns to work prior to receiving LTD benefits, shall be paid in accordance with Schedule A. Should said employee, within a six (6) month period and as a result of the same illness, return to short term plan, said employee shall be returned to the same level of salary they had attained, within the twenty-six (26) week elimination period prior to their return to work.
(c) That if continuous illness extends for a period in excess of twenty-six (26) weeks the employee may, so long as the plan permits, be covered from and after the twenty-sixth (26) week of such illness by the Plan to the extent that sixty-five (65) percent of their wages to a maximum of $4,000.00 per month calculated upon their basic rate of pay, shall be paid to the employee on the basis of their normal straight time hours of work, or until such period as the employee is continuously ill and unable to work, or until the employee attains the age of sixty-five (65) years, whichever event shall first occur. For the purposes of this clause only, "Basic Rate of Pay" shall be that rate of pay as indicated in Schedule "A" of the within Contractual Agreement at the onset of illness. The Long Term Disability entitlement payable to the member, after successful adjudication of the claim for benefits by the Insurance Carrier, shall be sixty-five (65%) percent taxable.
The cost of the total premium payable for the Sixty-five (65%) Percent Taxable Long Term Salary - Wage Continuance Insurance Plan herein described shall be split equally between the parties (50% - employer paid/50% - employee paid). The employees’ portion of the premium shall be deducted from each member of the Bargaining Unit as may be applicable by payroll deduction.
17:02 Should the employee continually exceed the average absenteeism rate of the C.A.W. Local 2458 (Full-time Office & Clerical Unit) bargaining unit, employees may be required to attend upon a medical doctor when directed by the Employer. In the event an employee is so required, the Employer agrees to provide a listing of three (3) medical doctors who are certified specialists in the medical discipline associated with the employee’s medical condition. The employee concerned is entitled to select from the list of three (3) provided by the Employer, any one (1) of the doctors to be the physician upon which the employee will attend. It is further agreed that the Employer will pay the full cost of attendance upon the doctor selected, and that such attendance will take place during the employee’s working hours and that the employee shall suffer no loss of wages due to his/her attendance upon the doctor (as per the above schedule of short term illness).
17:03 Employees who state they are sick while at work must first report to their Supervisor or Department Head and if unable to do so leave a note with the Supervisor or telephone extension 2047 (Human Resources) to report their reason for leaving.
17:04 (a) In cases where employees return to work within one (1) year following absence due to illness and/or injury, such employees shall be entitled to return to the same position held by them prior to said illness or injury.
17:04 (b) Where an employee indicates to the Employer that they are able to return to work, after the one (1) year in 17:04 (a) above, the Employer and the Union will meet to determine where and when the employee will return.
The employee shall have the right to return to any vacant position within their classification or any other opening in a lower classification for which they have the necessary minimum qualifications.
Should there be no available position when the employee is able to return, they shall be put on lay-off. It is understood that the returning employee cannot exercise the bumping procedure as provided for in Article 9.
If the returning employee refuses to return to any vacant position as agreed to by the Employer and the Union as being reasonable, the Employer may terminate the employment of the returning employee.
The parties further agree that any position filled by a returning employee as outlined above will not be subject to the Job Posting procedure under Article 10.
17:05 In an effort to return an employee to safe and suitable work, the employee shall disclose to the employer, if requested, information concerning the employee’s functional abilities as determined by a health professional.
ARTICLE 18 - LEAVES OF ABSENCE
18:01 Leaves of absence for personal reasons without pay for good and valid reasons may be granted by the Director of Human Resources, or their delegate upon the recommendation of the employee's department head. Any person who is absent with such permission shall not lose any seniority rights during such absence. Such employee shall be reinstated to the same position held by the employee prior to their leave of absence provided such employee shall return to work on their next scheduled working day following their leave unless the employee is unable so to do for reason of illness or other reasonable cause. Applications for leaves of absence will be considered by the department head only when the same may be granted without interference with the department's operation, and when such requests are made in writing no less than two (2) weeks in advance of the proposed leave, specifying the reason therefore, provided however that the provision for advanced notice shall be waived in cases of emergency. It is clearly understood Leaves of Absence, i.e. [in excess of twenty (20) working days], shall be without pay and without benefits, but employees may maintain benefits at their own expense.
18:02 Upon request an employee shall be granted two (2) non-consecutive days without pay in each calendar year for personal reasons. Employees are requested to provide written notice as early as possible, in advance of the requested days. Such personal reason need not be divulged by the employee. It is agreed by the parties such day off shall not be taken on the day immedi-ately prior to or immediately after any holiday stipulated in clause 15:01 of the within Agree-ment, or on the day immediately prior to or the day immediately after the employee's annual vacation.
18:03 During any period of absence, the employee shall not, except as provided in clause 18:06, 18:07 and 18:12 engage in gainful employment for any other person, firm, or corporation. Failure to comply to this provision may result in the discipline of the employee involved.
18:04 Union Leave. Leaves of absence without pay and without loss of seniority shall be granted upon request to employees appointed or elected to represent CAW - Canada or its Local 2458 provided such leaves of absence shall not unduly interfere with the operations of the Employer. It is further agreed that there will be no more than two (2) employees granted such leave from the same department at the same time.
18:05 A leave of absence without loss of pay not to exceed five (5) normally scheduled days of work during the period commencing with the death and ending with the fourth (4th) calendar day after the funeral will be granted to an employee as a bereavement leave in the event of the death of the legal or common-law spouse, son or daughter, step-son or step-daughter. A leave of absence without loss of pay not to exceed three (3) normally scheduled days of work during the period commencing with the death and ending with the second (2nd) calendar day after the funeral will be granted to an employee as a bereavement leave in the event of the death of the mother, father, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, sister-in-law, brother-in-law, stepmother, stepfather and stepchildren of the employee. A leave of absence of three (3) days shall be granted to an employee as a bereavement leave in the event of the death of the grandparent or grandchild of an employee or the grandparent of the legal spouse or common-law spouse of an employee.
In the event that the death of a relative of an employee occurs during the employee's regularly scheduled vacation for which such employee would otherwise have been entitled to bereavement leave, the period of bereavement shall not be deducted from such employee's vacation entitlement. It is further agreed that such employee shall take the portion of their vacation during which the bereavement occurred at a subsequent date mutually agreeable to the Employer and employee.
18:06 Other Leave. Any employee who is elected or selected for a full-time position with the Union or any body with which the Union is affiliated shall be granted leave of absence without pay and without loss of seniority by the Employer for a period of one (1) year; such leave may be renewed in successive years provided that the leave shall not exceed three (3) years in total. Any employee who is elected to public office shall be granted a leave of absence without pay and without loss of seniority for a period of five (5) years if elected to the House of Commons of the Dominion of Canada or the Provincial Legislature for the Province of Ontario, and a leave of absence of three (3) years if elected to a municipal council. Any employee enjoying such leave of absence shall have the right to return to employment with the University at the expiration of such leave to a job similar to the job performed before the leave commenced.
18:07 Employees who are conscripted to serve in Her Majesty's Permanent Armed Forces or enlist therein during hostility shall be considered as having leave of absence without pay and shall retain their seniority rights and will continue to accumulate seniority rights provided they are asserted within ninety (90) days following honourable discharge and provided such discharge is obtained by the employee as and when it is made available to the employee.
18:08 (a) PREGNANCY LEAVE
The Pregnancy Leave Policy applies to the female members of the bargaining unit. Eligibility for the Pregnancy Leave Policy requires full-time continuous employment at the University of Windsor for at least the thirteen (13) weeks preceding the date of the birth.
The pregnancy leave may begin no earlier than seventeen (17) weeks before the expected birth date. At least two (2) weeks notice must be given by the staff member indicating the date she intends to return to work. At the conclusion of the leave, the person would return to her previous position, if it still exists, or to a position in the same type and salary grade within the same department.
During pregnancy leave, the following salary and benefit provi-sions will apply on the understanding that the individual is committed to return to regular employment with the University following the conclusion of the leave:
1. The University will pay ninety-five percent (95%) of the normal basic earnings for the first two (2) weeks of preg-nancy leave (see note).
2. During the following fifteen (15) weeks of the pregnancy leave, the employee's E.I. weekly bene-fit plus all other earnings plus S.U.B. payments from the University will total a weekly income not to exceed ninety-five percent (95%) of the employee's normal weekly income or that which she would be expected to receive if she qualified for benefits (see note).
3. Any period of leave beyond the seventeen (17) weeks shall be without pay.
4. Vacation credits will continue to accrue while a person is on pregnancy leave.
5. A female staff member who adopts a child is sub-ject to the same rights and obligations as those granted a pregnancy leave.
6. Unusual pregnancy or birth situations may occur where the normal application of this policy may be inappropriate. Such special cases should be reviewed with the Employee Relations Manager
18:08(b) PARENTAL LEAVE
The Parental Leave Policy applies to both male and female members of the bargaining unit. Eligibility for the Parental Leave Policy requires full-time continuous employment at the University of Windsor for at least the thirteen (13) weeks preceding the date of the birth or custody of the child.
The following terms and conditions only shall apply:
1. During the first three (3) weeks of the parental leave, the employee's E.I. weekly bene-fit plus all other earnings plus S.U.B. payments from the University will total a weekly income not to exceed ninety-five percent (95%) of the employee's normal weekly income or that which she would be expected to receive if she qualified for benefits (see note).
2. In the case of female employees who have taken a Pregnancy Leave, Parental Leave must commence no later than upon the expiration of the Pregnancy Leave to a maximum of thirty-five (35) weeks.
3. In the case of male employees, the Parental Leave commences anytime after the date of birth or cus-tody of the child but no later than fifty-two (52) weeks after such date of birth or custody to a maximum of thirty-seven (37) weeks.
4. At no time shall the period of leave exceed thirty-seven (37) weeks in duration.
5. Vacation credits will continue to accrue while a person is on parental leave.
6. Unusual pregnancy or birth situations may occur where the normal application of this policy may be inappropriate. Such special cases should be reviewed with the Employee Relations Manager.
18:08(c) ADOPTION LEAVE
In the event a female employee adopts or where a male employee can provide reasons satisfactory to the Employee Relations Manager that he will have primary nurturing responsibil-ity in the event of adoption, then the leave may be granted on the understanding that the individual is committed to return to regular employment with the University following the conclusion of the leave. Should the employee meet the eligibility requirements for parental leave prescribed by E.I., then the following will apply:
a) The University will pay ninety-five percent (95%) of the normal basic earnings for the first two (2) weeks of p-arental leave.
b) During the following approved E.I. period of parental leave, to a maximum of fifteen (15) weeks, the employee's E.I. weekly bene-fit plus all other earnings plus S.U.B. payments from the University will total a weekly income not to exceed ninety-five percent (95%) of the employee's normal weekly income.
Note: All payments made under these policies must be in accordance with the agreement that has to be filed by the University with Human Resources Development Canada pursuant to Regulation 37 of the Employment Insurance regulations. As part of these requir-ements, all such payments by the University can only commence when the staff member provides proof that she is receiving Employment Insurance Maternity Benefits pursuant to Section 22 and Adoptive Benefits pursuant to Section 12, Employment Insurance Act, 1996 or that she is disqual-ified from E.I. benefits because of any insuffi-cient number of insurable weeks, or that E.I. benefits have been exhausted or that she is in the Employment Insurance Commissions' waiting period. Staff should understand that such proof will not be made available by E.I. until after the leave has commenced and hence University payments will be retroactive.
18:08 (d) Employees shall remain full participants in all benefit and pension programs and both the employer and the employee shall continue to be responsible for their respective premiums. However, it is understood that such employees may, at their discretion, choose not to participate in the benefit programs. Such option not to participate must be expressed in writing addressed to the Manager - Benefits, Pension, and WSIB Administration.
18:08 (e) A male employee of the Bargaining Unit shall be allowed two (2) days off with pay on the occasion of the birth or legal adoption of his child.
18:09 Jury and Witness Duty. The Employer shall grant a leave of absence without loss of seniority to an employee who serves as juror or witness in any court proceedings. The Employer shall pay such employee the difference between their normal earnings and the payment the employee receives for jury service or court witness excluding payment for travelling, meals, or other expenses. The payment of such pay differential by the Employer shall be contingent upon the employee providing the Employer with proof satisfactory to the Employer that the employee has attended the specified legal proceeding.
18:10 With regard to leave of absence granted under clauses 18:02, 18:04, 18:05 and 18:09, the employee concerned will return to the same position held by the employee prior to said leave.
18:11 All granting of leaves of absence shall be in writing and a copy of same shall be mailed to the President of the Union and the Chairperson.
18:12 Education Leave: The Employer may grant a leave of absence not to exceed one (1) year to an employee having at least three (3) years' seniority for the purpose of allowing the employee to study on a full-time basis at the University of Windsor. An application for such a leave of absence must be made in writing at least three (3) months prior to the proposed commencement date of the leave of absence. Such application must include a proposed plan of study during the period of leave. Such a leave may be extended for additional periods not to exceed one (1) year each provided the employee re-applies for such extension in accordance with the provisions of this Article. Applications for such leave of absence will be granted at the sole discretion of the Employer only when the same may be granted without interference with the Employer's operations. The provisions of this Article shall not be subject to the grievance procedure and an Arbitrator shall have no jurisdiction with respect to this Article or matters relating to this Article. The Employer shall not be required to hire a replacement for the employee during their educational leave. All educational leaves of absence shall be without pay. However, the Employer will maintain the following benefits on behalf of the employee and their eligible dependents:
- Green Shield Prepaid Prescription Plan
-Green Shield Semi-Private Hospital Coverage
- Green Shield Extended Health Services Plan HD
-Group Life Insurance
- Green Shield Dental Plan 15 (Orthodontist maximum $2,000.00)
-Green Shield Vision Care at $150.00 every 24 months
- Green Shield Medex Card
The aforementioned benefits will be maintained provided the employee continues in full-time attendance at the University.
The Employer will reimburse an employee granted an educational leave of absence an amount up to the sum of $500 for required books upon presentation of receipts for said books or texts. The Employer will provide an employee granted an educational leave of absence with tuition remission. Employees on educational leave shall continue to accumulate seniority during such leave. Upon completion of the leave, the employee will be returned to their classification and former position if it still exists in accordance with the seniority provisions of this Agreement. If the position no longer exists, the employee shall have the right to exercise their bumping rights as per Article 9:05, on their scheduled day of return from their Leave of Absence. During an educational leave of absence, the employee shall not engage in gainful full-time employment for any other person, firm, or corporation. Failure to comply with this provision may result in the discipline of the employee involved.
18:13 University of Windsor Prepaid Leave Plan
PURPOSE - The Prepaid Leave Plan has been developed to afford employees in the bargaining unit the opportunity of taking a leave of absence of between six (6) months and one (1) year and to finance the leave through deferral of wages in an appropriate amount which will be accumulated and together with interest, be paid out at the commencement of the leave.
ELIGIBILITY - Any employee in the bargaining unit having three (3) years seniority with the University is eligible to participate in the Plan in accordance with the conditions set out herein.
Application - An employee who qualifies as above must make written application to the Director of Human Resources of the University at least three (3) months in advance of the proposed commencement date of participation in the Plan, requesting permission to participate in the Plan setting out the deferral program as requested.
Approval - Approval of individual requests to participate in the Plan, the duration of the leave, the deferral period and the percentage of wages deferred shall rest solely with the University.
Deferral - The deferral period over which wages are deferred shall be to a maximum of five (5) years.
Leave - The length of the leave shall not exceed one (1) year.
Written Agreement - The University and the employee shall enter into a written agreement setting out the terms of the Plan agreed to in compliance with the conditions herein.
TERMS AND CONDITIONS - The payment of wages and benefits, and other terms and conditions, shall be as follows:
Trustee Agreement - The University of Windsor shall enter into a master trust agreement with a trust company licensed to do business in Canada under the Trustee Act of Ontario whereby individual employees taking part in this program may have their deferred wages paid into such trust accounts to be held for purposes of financing their prepaid leaves. Monies will be invested in instruments as prescribed by the trust agreement such that maturity dates will coincide with the commencement of the prepaid leave. The interest rate to be paid on such deferred wages will be that actually obtained by the investments as directed by the trustee per the trust agreement.
The Trust Agreement shall provide for employees to cease contributions to their Trust Accounts during periods when they are laid off.
Wages - During the deferral period, preceding the leave, the employee will be paid a reduced percentage in accordance with the written agreement between the University and the employee, of their wages as set out in the Collective Agreement. The remaining percentage of their wages will be deferred and this accumulated amount plus any interest earned shall be retained for the participant by the University to finance the period of leave.
The percentage deferred shall not exceed an amount determined by dividing the length of the period of leave by the sum of the length of the deferral period and the length of the period of leave and multiplying by 100 (e.g.) if length of deferral period = 4 years and length of leave = 1 year, then maximum deferred salary = 20%).
Interest Rate - A trust agreement shall be entered into on behalf of the employee whereby deferred wages will be contributed. Such deferred wages shall be invested as per the trust agreement. Monies so invested shall have a maturity date no later than the commencement of the deferred leave. Administrative costs of the trust will be deducted from the gross interest earned on such deferred wages.
Deferral Period (Benefits Structuring) - During the deferral period, any benefits related to the rate of wages shall be structured according to the wages the participant would have received during the deferral period had the employee not been in the Plan.
Employee Benefit Coverage and Premiums - A participant's coverage for Life Insurance and Green Shield benefits, in effect immediately prior to the leave, will be maintained by the University during their leave of absence, if eligibility conditions permit.
Leave Period (Benefits Structuring) - During the leave period, any benefits related to the rate of wages shall be structured according to the rate of wages the participant would have received immediately prior to the leave had the employee not been in the Plan.
Pension - Contributions will be maintained by both parties at nominal salary for pension purposes. This provision is subject to the necessary amendments being made to the Retirement Plan and being approved by Revenue Canada and the Pension Commission of Ontario.
Pay out - At the commencement of the period of leave, the University shall pay to the participant the monies standing to their credit less any premiums or contributions deducted for the year, except as may otherwise be mutually agreed, it being understood that interest is not earned for the period of the leave.
Assignment on Return - On return from leave, a participant will, subject to the application of the lay-off and displacement provisions of the Collective Agreement during the period leave be assigned to the position the employee held prior to the leave. If the lay-off and displacement provision of the Agreement have application during the leave, they shall apply to the employee in the same manner during the leave, except that notice to the employee may be given to an Officer of the Local Union and any election the employee may make under such provisions may be made on their behalf by an Officer of the Local Union.
Applicability of Benefits - The Short Term disability benefit shall not be available during the leave. Employees shall maintain their Long Term Disability coverage. Vacation shall not be taken during the leave, nor shall vacation credits accumulate during the leave. However, seniority shall accumulate for the entire period of leave, and service for the purpose of otherwise determining the level of vacation entitlement shall include the period of leave.
Withdrawal Rights - A participant may, with the approval of the University, withdraw from the Plan in unusual or extenuating circumstances (e.g. financial hardship or serious illness). Requests for withdrawal must be submitted in writing, detailing the reason(s) for withdrawal before three (3) months prior to commencement of leave. The University shall maintain the request and its approval as part of University records. When a request for withdrawal is approved, the University shall pay to the employee a lump sum amount equal to monies deferred plus interest accrued to the date of withdrawal from the Plan. Payment shall be made as soon as possible, but must be made within thirty (30) days of approval of withdrawal from the Plan.
Leave Postponement - The University may, for good and sufficient reason, up to three (3) months prior to commencement of the leave, postpone the period of the leave for not longer than one (1) year. In this instance, a participant may choose to remain in the Plan, or receive payments as outlined under "Withdrawal Rights" above.
The participant may, for good and sufficient reason, request in writing that the leave period be postponed. The University may, at its discretion, grant a postponement, but under no circumstances shall the postponement exceed one (1) year.
Interest Accumulation - Should the above (Leave Postponement) result in a leave of absence being taken later than the intended period, any monies accumulated until the intended commencement date will continue to accumulate interest until the leave is granted.
On Leaving Employment - Any participant who resigns, is laid off or otherwise terminated prior to commencement of the leave shall cease to be a participant in the Plan, and shall receive payment as outlined under "Withdrawal Rights" above.
It is understood that deferred wages invested under the trustee agreement may not be returned to the employee until such time as the maturity date of such investments under the auspices of the trust mature.
Death Clause - Should a participant die while enrolled in the Plan, any monies accumulated, plus interest accrued at the date of death, will be paid to their estate/beneficiary. Every agreement entered into under "Written Agreement" shall state that monies paid to the estate of an employee under this section are a "right or thing" within the meaning of the Income Tax Act and shall be taxable as income in the year of the employee's death in accordance with the Income Tax Act.
Serious Illness - Should a participant be unable to take the leave when scheduled because of serious injury of illness occurring before commencement of the leave, the employee may cancel the leave and receive payment as outlined under "Withdrawal Rights" or, with the consent of the University, defer the leave to a time mutually agreeable not to exceed one (1) year.
INCOME TAX - During each taxation year, the participating employee's income tax liability shall be in accordance with the Canadian Income Tax Act and the amount of withholding tax deducted at source by the University shall be based on monies actually received by the employee in each taxation year subject to the acceptance of this Plan by Revenue Canada.
*It is clearly understood that the University may hire replacement workers pursuant to Article 3:02 (a) (b) when such prepaid leave is taken.
ARTICLE 19 - WELFARE BENEFITS
19:01 The Employer agrees to pay on behalf of all employees covered by this Agreement 100% of the subscriber rate as may be applicable in the Green Shield Supplemental Plan, the Green Shield Number 3 Prescription Plan (Generic substitution shall be a feature of the Drug Plan), at a $2.00 co-pay, the Group Accidental Death and Dismemberment Plan or identical coverages under other plans, the Green Shield Medex Card, the Green Shield Dental Plan 15 at the current O.D.A. rates ($2,000.00 Orthodontist maximum), (Regular dental check-ups to occur once every nine months), the Green Shield Extended Health Services Plan HD and the Green Shield Vision Care at $150.00 every 24 months and Audio Plan coverage at $500.00 every 5 years. The parties agree to continue to investigate drug formularies which will remove certain over-the-counter drugs from the drug program. The parties further agree to the implementation of the plan as established by the Committee, provided said plan has been unanimously agreed upon by the Committee. The Employer may tender the exact specifications of any or all of the Green Shield Supplemental Plan, and the Green Shield Number 3 Prescription Plan, the Green Shield Medex Card, the Green Shield Dental Plan 15, the Green Shield Extended Health Services Plan HD and the Green Shield Vision Care and accept the lowest tender meeting the said specifications. The specifications shall not be tendered until the University and the Union have agreed the specifications are the exact specifications of the existing plans. Furthermore, the University also retains the right to self-administration in accordance with above articles.
19:02 The Employer agrees to provide Group Life Insurance in the principal amount of two (2) times the employee's annual base salary to age sixty-five (65) to be paid on the basis of a one hundred percent (100%) contribution by the Employer. The two (2) times annual base salary mentioned above is to be calculated by multiplying the employee's bi-weekly salary rate as it may be from time to time by twenty-six (26) pay periods, times two (2) and then rounding the resultant amount to the next highest Five Hundred ($500.00) dollars. Further, the Employer agrees to provide members of the Bargaining Unit with Three Thousand Dollars ($3,000.00) of paid-up life insurance at age sixty-five (65) effective first of month following date of ratification.
19:03 The Employer agrees to enroll all employees covered by this Agreement with the Employment Insurance Commission and agrees to pay the premium payable in connection with such employees. All employees hired on or after July 22, 1982, shall pay the employee's portion of the premium.
19:04 (a) The Employer agrees to maintain the present University of Windsor Employees' Retirement Plan with a benefit level of two percent (2%) for those persons retiring on or after July 1, 1985. It is further agreed members of the Bargaining Unit will receive credit for all past service with the Employer or Assumption University of Windsor, Essex College, Assumption College and Windsor Teachers' College provided such service is continuous. It is further agreed the new level of benefit (two percent - 2%) to be provided will be integrated with the Canada Pension Plan as it has been in the past. For purposes of explanation only, the approximate amount of annual retirement income to be received by an employee of the Employer will be determined using the following formula:
Two percent (2%) of the average annual gross wage received by the employee during their sixty (60) highest consecutive months of earnings prior to retirement multiplied by the employee's years of credited service and integrated with the Canada Pension Plan.
It is further agreed, employees will contribute six percent (6%) of their gross wages towards the cost of providing the level of benefit mentioned above integrated with the Canada Pension Plan. Further, the Employer agrees to contribute the additional amount necessary in order to provide the above mentioned new benefit level.
The parties agree to incorporate into the Collective Agreement any modifications or changes to 19:04 (a) as above that arise from the Pension negotiations between the University of Windsor and the Joint Union Pension Negotiating Committee.
19:04 (b) Employees shall normally be retired at the commencement of the first of the month following the members sixty-fifth (65th) birthday at the pension earned as of the date of retirement in accordance with the provisions of the University of Windsor Employees' Retirement Plan. However, by the mutual agreement of the member and the University, a member's retirement may be postponed on a year-to-year basis, but in no event for more than two (2) years beyond the end of the month coincident with or immediately following their sixty-fifth (65) birthday. A member whose retirement is so postponed shall continue to be a member of the Bargaining Unit. The Employer agrees to notify the Union of any extensions and/or retirements.
19:05 (a) The Employer agrees to provide the employees covered by this Agreement, with Workplace Safety Insurance.
19:05 (b) The Employer agrees that members of the bargaining unit receiving Workplace Safety Insurance shall have the difference between such payments and ninety per-cent (90%) of their regular net pay (voluntary contributions excluded) paid by the Employer, provided said members are injured in the course of the performance of their duties as employees of the Employer.
19:06 Except as otherwise herein provided the foregoing payments shall be made by the Employer only so long as the employee is working under the terms of this Agreement.
19:07 The Employer agrees to provide reasonable work for those members of the Bargaining Unit who have received Workplace Safety Insurance Board wage payments as a result of an injury incurred while performing work for the Employer, and are subsequently disqualified by the Workplace Safety Insurance Board from receiving further wage payments. The employee shall make written application to the Employer for such work within thirty (30) days of official notice being received from the Workplace Safety Insurance Board that the employee is disqualified from further wage payments. The Employer must provide such work within thirty (30) days following receipt of an employee's written request. If an employee rejects the job of work made available by the Employer, the entire obligation of the Employer with reference to the within clause is terminated. It is agreed if the provided work is outside the Bargaining Unit, employees engaging in such work shall no longer be covered by the provisions of the within Contractual Agreement.
19:08 The Employer shall pay long service pay annually to every employee on the first regular pay day after December first of each year, based on continuous full-time service as of December 31st of each year as follows:
Qualifications for Payment Total Annual Payment
Upon completion of five years and
less than ten years service: $ 50.00
Upon completion of ten years and
less that fifteen years service: $100.00
Upon completion of fifteen years and
less than twenty years service: $150.00
Upon completion of twenty years
service or more: $200.00
The Employer agrees to pro-rate the above amounts in the case of continuous part-time employees who are members of the Bargaining Unit.
19:09 The Employer agrees to provide Green Shield Number 3 Prescription Plan coverage or identical coverage under another plan at a $2.00 co-pay for all retired members of the Bargaining Unit retiring at the age of 65 years and to pay 100% of the cost of such coverage on behalf of such retired employees.
19:10 Upon the death of an employee who retired at age sixty-five (65) years or over, the University agrees to continue the Green Shield Number 3 Prescription Plan coverage for the spouse.
19:11 (a) The Employer agrees to pay 100% of the cost of one pair of safety shoes during each year of the Collective Agreement as designated by the University Safety Manager.
19:11 (b) The Employer agrees to provide (4) four raincoats for employees working in Distribution Services who are required to deliver mail. It is understood the raincoats shall remain the property of the Employer and remain on the Employer's premises.
19:12 The University agrees to provide coverage of all benefits under clause 19:01 on behalf of the spouse and children of an employee who dies in the service of the University. These benefits will be maintained until the death or legal re-marriage of the spouse, and dependent children to the age of twenty-one (21).
ARTICLE 20 - DURATION AND TERMINATION OF COLLECTIVE AGREEMENT
20:01 This Agreement shall be binding and remain in effect from July 1, 2001 to June 30, 2004 and shall continue thereafter for an annual term of one (1) year unless either party notifies the other in writing not more than ninety (90) days and not less than forty-five (45) days prior to June 30, 2004 that it desires to amend or revise this contract.
20:02 Within twenty (20) days of receipt of such notice by one party, the other party shall enter into negotiations for renewal or amendment of this Agreement and both parties shall thereupon enter into such negotiations in good faith and make every reasonable effort to conclude a revised or new Agreement.
ARTICLE 21 - PROBATION
21:01 Any new employee will be considered to be on probation and will not acquire seniority status until the employee has been employed for a period of ninety (90) calendar days within a consecutive eight (8) month period, at which time their seniority shall commence from the date of hiring. A successful probationary period shall give the employee seniority from the date of hiring. Provisions of the within agreement shall not apply to a probationary employee except such provisions as are expressly made applicable to such employee.
21:02 After completion of the probationary period as defined in clause 21:01 above, such employees shall be considered full-time employees within the Bargaining Unit and their names shall appear on the seniority lists and such seniority shall commence from the date of hiring.
21:03 The seniority date of an employee after forty-five (45) calendar days of intermittent employment shall be the date forty-five (45) working days prior to the date upon which the probationary period was completed.
ARTICLE 22 - BULLETIN BOARDS
22:01 The Employer agrees to the installation of fourteen (14) bulletin boards in the following locations: Chrysler Hall, Essex Hall, Maintenance Building, Education Building, Leddy Library, Law Library, Dillon Hall, Erie Hall, Human Kinetics Building, Vanier Hall, Odette Building, C.A.W. Centre, Information Technology Services Building, and the School of Music Building.
ARTICLE 23 - TUITION REMISSION
23:01 In those cases wherein a University Department Head directs, and the Director of Human Resources, or their delegate of the University approves that an employee take a course when the subject matter is directly related to the employee's job of work, the Employer agrees the employee shall suffer no loss of pay while enrolled in such course. The Employer further agrees to pay tuition and other reasonable expenses related to the said course. For the purposes of this clause and none other, the term "job related course" refers to a course of instruction which the employee must, in the opinion of the Director of Human Resources, or their delegate, complete in order to do the employee's existing job of work.
23:02 Tuition Remission:
(a) Full-time employees employed within the Bargaining Unit described in Article 3 of the Agreement and, with the employee's written consent, their dependent(s) and legal spouse are eligible for free tuition for credit courses approved by the Senate of the University of Windsor, provided such course(s) are taken outside the employee's scheduled working hours. Dependents are defined as children to the employee for whom the employee is entitled to claim tax exemption under the Income Tax Act in the year in which the free tuition privilege is requested, or children not over the age of twenty-six (26) to whom the employee provides regular financial support.
(b) Employees receiving benefits under the Long-Term Disability Plan, their legal spouse and dependents, the legal spouses and dependents of employees who die in the service, and employees who retire from the University of Windsor and their spouses and dependents shall also continue to enjoy the benefit of free tuition for credit courses approved by the Senate of the University of Windsor. Dependents are defined as children to the employee for whom the employee is entitled to claim tax exemption under the Income Tax Act in the year in which the free tuition privilege is requested, or children not over the age of twenty-six (26) to whom the employee provides regular financial support.
(c) All applications for tuition remission shall be submitted in writing to the Director of Human Resources for their approval.
ARTICLE 24 - COPIES OF THE AGREEMENT
24:01 The Union and the Employer desire every employee to be familiar with the provisions of this Agreement and their rights and duties under it. The Union and the Employer shall share the cost of printing the Agreement in the Employer's Department of Document Services.
ARTICLE 25 - GENERAL
25:01 All references to "she" throughout the agreement, where such reference is to a member of the bargaining unit will be changed to "the employee".
25:02 It shall be the obligation of each employee covered under the terms of this agreement to inform the Department of Human Resources of the University, in writing, of their current residential address and telephone number.
25:03 The Employer agrees to pay into a special fund, one cent ($0.01) per hour per employee for all compensated hours for the purpose of providing paid education leave. Such leave will be for upgrading the employees’ skills in all aspects of trade union functions. Such monies to be paid on a quarterly basis into a trust fund established by the National Union, CAW, effective from date of ratification, and sent by the employer to the following address: CAW Paid Education Leave Program, CAW Family Education Centre, R. R. #1, CAW Road 25, Port Elgin, Ontario N0H 2C3.
The Employer further agrees that members of the bargaining unit selected by the Union to attend such courses will be granted a leave of absence without pay for twenty (20) days class time, plus travel time where necessary. Employees on such leave of absence will continue to accrue seniority and benefits during such leave.
ARTICLE 26 - EMPLOYEE ASSISTANCE PROGRAM
POLICY BETWEEN UNIVERSITY OF WINDSOR AND C.A.W. LOCAL 2458 - Full-time Office & Clerical Unit)
The Program is based on a very clear recognition that all of us, at some particular point in time, may need assistance and that the requirement for assistance is a very human and very natural need. It is further recognized that at times such as these, a person's work performance will be affected.
The purpose of the E.A.P. Program is to provide a means whereby the University, working in conjunction with your Union, can demonstrate its awareness of your problem and its preparedness to provide help.
The objective of this Program is to provide confidential assistance or advice to employees whose work performance is adversely affected by health/social problem(s). Ideally, an employee should seek assistance on her/his own before the problem causes any deterioration in job performance. In some cases, the employee's supervisor or co-workers will become aware of a problem that is having a negative effect on the employee's job performance. In such cases the employee may be referred to the Employee Assistance Program as a means of assisting and maintaining employment of members of C.A.W. Local 2458 (Full-time Office & Clerical Unit).
This objective will be met by supplying information and intervention procedures to assist employees. This will involve the use of various professional community resources. Staff are encouraged to contact the Co-Ordinator or a member of the Committee for additional information regarding various forms of assistance available under the Program.
It is clearly understood that neither the goals nor the procedures are intended in any way to either supersede or interfere with any employment agreements or rights thereunder between the University of Windsor and C.A.W. Local 2458 (Full-time Office & Clerical Unit).
NATURE OF THE PROGRAM
The Employee Assistance Program is designed to offer many forms of assistance to C.A.W. Local 2458 (Full-time Office & Clerical Unit) staff. The following forms of assistance are to be offered:
1. (a) The Program will provide information and help in identifying resources in the community which might offer assistance to employees and their families in the various areas of stress-related problems (personal, financial, family, etc.)
(b) The Program will provide information to employees regarding alcohol abuse and the non-medical use of drugs.
2. The Program will provide training sessions for supervisory personnel regarding the range of intervention procedures relating to alcohol abuse and the non-medical use of drugs.
3. Confidentiality - E.A.P. records will be maintained by the Co-Ordinator and will remain in Health Services. These records will be treated as confidential medical files. No records will be released to anyone unless requested by the employee. In such instances, a standard release document signed by the employee will be required.
The only exception to the release of information is when there is a threat to an individual's life. Normally, confidentiality is suspended when the employee is a danger to her/himself or to others.
Communication of information between the Co-Ordinator, supervisor and Human Resources Department will relate only to the work situation. No personal or medical information will be released by the Co-Ordinator. No record will be placed on the personnel file indicating an employee's involvement with the E.A.P. Program.
The employee may wish to inform their supervisor of the particular problem; in some cases this can be helpful to both the employee and the supervisor.
COMPOSITION AND ROLE OF THE COMMITTEE
The Employee Assistance Committee is a group composed of representatives of C.A.W. Local 2458 (Full-time Office & Clerical Unit) and University personnel appointed by the Department of Human Resources. In addition to this, a number of resource personnel from the community may sit on the Committee.
Manager, Benefits, Pensions & WSIB E.A.P. Co-Ordinator, Department of Human
Mrs. Rosalyn Power Department of Human Resources
Mrs. Elizabeth Abson Biological Sciences
Ms. Ann Devine Fantin Catering Services, CAW Local 2458 Full-time Office & Clerical Unit
Ms. Pat Jolie CAW Student Centre, CAW Local 2458 Full-time Office & Clerical Unit
Ms. Elizabeth Chandler Chemistry Biochemistry, CAW Local 2458 Full-time Office & Clerical Unit
Ms. Val Allard Political Science, CAW Local 2458 Full-time Office & Clerical Unit
Ms. Elizabeth Fallaise Special Needs, CAW Local 2458 Full-time Office & Clerical Unit
Ms. Carol Pageau Leddy Library, CAW Local 2458 Full-time Office & Clerical Unit
The Committee encourages all employees and their families to become familiar with this program. For further information members may contact any Committee member, the Employee Relations Manager or the Chairperson.
ROLE OF THE CO-ORDINATOR
The Program Co-Ordinator will help in the following ways:
1. The Co-Ordinator will act as secretary to the Committee.
2. The Co-Ordinator will assist in the formation of official statements regarding Employee Assistance Program.
3. The Co-Ordinator will assist in the design of educational programs and in providing data to staff and their families.
4. The Co-Ordinator will interface with the various resources in the community which will assist in the program.
5. The Co-Ordinator will assist in monitoring the effectiveness of the program.
6. The Co-Ordinator will be available to review intervention procedures with the various supervisory levels on any situation that develops.
The Employee Assistance Program of the University of Windsor is a joint effort with C.A.W. Local 2458 (Full-time Office & Clerical Unit) to provide educational programs and intervention procedures to help employees. It is to be recognized that, with this program of education and intervention, complete success may not be experienced in every situation. However, every effort will be made to provide assistance.
The Committee and the various aspects of the Program are designed to offer assistance and not to render judgement. Within the procedures of the Employee Assistance Program, emphasis is placed on strict confidentiality for those being assisted.
MEMORANDUM OF AGREEMENT
JOINT JOB EVALUATION COMMITTEE
It is hereby agreed that the process of job evaluation shall operate in accordance with the following terms and conditions:
(i) There shall be a Committee for Job Evaluation consist-ing of four (4) members appointed by the Director of Human Resources, and four (4) members appointed by the Union.
(ii) Requests for re-evaluation of job positions shall be in writing, with a copy to the supervisor, and shall be sub-mitted in the first instance, by the applicant, to the Employee Relations Manager who shall convene the Committee to evaluate the job position.
(iii) The initial evaluation of a position will be conducted by two (2) representatives of management and two (2) representatives from the union. A representative from the union and management will act as co-chairs at each meeting.
(iv) The initial evaluation of a position may be appealed to the “Appeals Committee” composed of the members of the JJEC who did not hear the initial evaluation.
(v) The scheduling of JJEC members will be done on a rotating basis such that all members will be required to sit on at least 50% of the meetings.
(vi) The Job Evaluation Committee shall specify in writing, and publish forthwith, its criteria for deciding whether alleged changes in job position are, or are not, substantial.
(vii) The Job Evaluation Committee shall evaluate and assign points to newly created positions and to positions in which there has been found a substantial change in duties and responsibilities, under clause (vi).
(viii) The confidential decision of the Job Evaluation Committee shall be by consensus. All members of the Job Evaluation Committee are to exercise their individual judgement that is free from bias.
(ix) The decision of the Job Evaluation Committee shall be communicated to the applicant, the applicant’s supervisor, and the Union and shall not be subject to the grievance and arbitration process under the Collective Agreement.
LETTER OF INTENT - RE TECHNOLOGICAL CHANGE
Any technological change made which has the effect of eliminating a job, job classification or position, creates a lay-off, or results in a demotion for one or more employees shall be discussed with the Union.
Where new or greater skills are required than are already possessed by the affected employee(s) under the present methods of operation, such employees shall be given a period of training, where practical during which they may perfect or acquire the skills necessitated by the new method of operation.
The Employer will assume the cost of tuition and defray the costs of out-of-town travel in accordance with the University's existing travel policy. There shall be no reduction in wage or salary rates during the training period of any such employees. Training shall be given during the hours of work whenever possible and may extend for up to six (6) months.
Employees with one (1) or more years of continuous service who are subject to layoff or demotion under conditions referred to above, will be given notice of the impending change in employment at the earliest reasonable time.
LETTER OF INTENT REGARDING BI-WEEKLY PAYROLL
The University agrees to administer the bi-weekly payroll with the following understanding:
1) There will be a hold-back period of 4 days. Thurs-day pays will reflect work up to and including the previous Sunday.
2) Bi-weekly represents 10 working days.
3) The parties agree that if either a statutory holiday (as defined in Clause 15:01 of the within agreement) or any holiday observed by a bank is observed during the week in which wages are required to be paid, the same may be paid on Friday of such week.
4) The parties agree that if there should occur a breakdown or shutdown in electronic data transmission or if there should be an illness experienced by a member of the Payroll Staff of the University such that it is not possible to make wages available on Thursday, such wages may be paid on Friday of such week.
LETTER OF INTENT - MODIFIED WORK PROGRAM
The parties agree to establish within 60 days following the date of ratification of all 1998 collective agreements, with the exception of the Faculty agreement, an Inter-Union Management Committee (with the Agreement of the other Unions) to discuss thoroughly and agree upon the implementation of a Modified Work Program. The Committee's terms of reference are to expedite the establishment of a written Modified Work Program for injured workers based on medical restrictions of the worker. Modified work is temporary employment of a light or modified nature, calculated to assist in returning the employee to full regular duties. Such modified work is considered transitory by its nature and, although without formal time limits, it is generally anticipated that the worker will return to his/her usual job functions in the near future.
LETTER OF INTENT - V.D.T.s
1. Eye Examination
The employer agrees that employees who spend the majority of their time operating Visual Display Terminals will be eligible for an eye examination once each calendar year.
2. Pregnant Employees and V.D.T.'s
Visual Display Terminal Operators who are pregnant shall not be required to use such equipment. They shall be reassigned to such appropriate work at no loss of salary, benefits or seniority. Should a pregnant employee refuse such a reassignment the Employer will meet with the Union and the Employee to discuss the following:
(a) The possibility of any alternate assignment.
(b) If an acceptable reassignment cannot be found then the Employee will commence early Maternity Leave of Absence without pay.
(c) It is clearly understood that in no circumstances will the operation of this clause result in the bumping of another employee.
3. Rest Periods and V.D.T.s
The Chairperson of the Union and the Director of Human Resources of the University will review areas of Visual Display Terminal Operation that exceed five (5) hours of continual operation per day.
This review will commence initially in the Word Processing Centre and thereafter will be conducted upon the request of either party in areas that meet the five (5) hour continual operation per day criteria.
Continuous V.D.T. Usage
The Chairperson and the Director of Human Resources will review operations and determine where there is a need for ten (10) minute breaks per hour in those areas where there is continuous usage of V.D.T.s.
4. V.D.T.s and Chairs
Pursuant to the agreement between the parties on these issues, the following procedures will be followed:
i) When V.D.T.s are moved from floor to floor or building to building, they will be inspected for potential radiation leakage. This will be done by a qualified technician.
ii) A determination of the need for adjustable chairs with the terms of reference determined by the parties will be made as the need arises by the Chairperson, Local 2458 (Full-time Office & Clerical Unit) and the Director of Human Resources.
iii) A fund of $6,000 will be established for the purpose of buying adjustable ergonomically designed chairs as required in part (ii) above.
LETTER OF INTENT - TWELVE HOUR SHIFT
Article 1 - Duration and Termination
This Agreement is made between the University of Windsor and C.A.W. Local 2458 (Full-time Office & Clerical Unit) and shall be in effect for the length of the existing contract.
Article 2 - Revocation of Agreement or Termination of Trial Period
It is clearly understood that this Agreement may be terminated by either party at any time upon two (2) months written notification by either party to the Agreement.
Article 3 -Employees Covered by this Agreement
All Junior Computer Operators and Senior Computer Operators employed within Computing Services shall be covered by this Agreement.
Article 4 - Hours of Work
The regular working period under this Agreement shall be determined by the Operations Supervisor. The Operations Supervisor is entitled to compose a six week cycle containing combinations of twelve (12), nine (9), and eight (8) hour shifts such that the total cumulative hours shall not exceed 210 hours per employee for the said six week cycle/schedule; the said reference to 210 hours shall be exclusive of scheduled lieu time.
The twelve (12) hour Computer Operator shift shall include a twenty (20) minute rest period in the first half of the normal day’s work, a thirty (30) minute rest period in the second half of the normal day’s work and a sixty (60) minute unpaid lunch hour. The eight (8) and nine (9) hour Computer Operator shift shall include a fifteen (15) minute rest period in the first half of the normal day’s work, a fifteen (15) minute rest period in the second half of the normal day’s work and a sixty (60) minute unpaid lunch hour. Thirty (30) days notice is required for shift start time changes.
Article 5 - Overtime
(a) Authorized overtime in excess of scheduled working periods as outlined in Article 4 of this Agreement or on scheduled days off will be compensated for in accordance with the overtime provisions in Article 14 of the Collective Agreement between C.A.W. Local 2458 (Full-time Office & Clerical Unit) and the University of Windsor. The foregoing shall not result in a pyramiding of overtime payments. The 210 hours will be adjusted by seven (7) hours for every holiday falling within the six week cycle.
(b) Overtime calculations for a day off on a holiday will be calculated as overtime of seven (7) hours or seven (7) hours off at a later date mutually agreeable to the employee and the Employer.
(c) It is clearly understood that the overtime rate will be paid for all hours worked in excess of the scheduled hours in any one day and for all hours worked on regularly scheduled days off, except when attending the Operations Meeting.
(d) Once every six (6) week period, an Operator will work 45 hours per week. This extra hour is to attend the Operations Meeting.
Article 6 - Breaks
Lunch breaks and rest periods will be prorated as per the current Collective Agreement and as set forth in Article 4 above.
Article 7 - Relief and Notice of Absence
(a) Employees covered by this Agreement will remain working for a period of up to four (4) hours should their relief fail to report to work.
(b) Employees will, except for emergency situations, inform the University (Supervisor) as much in advance of the commencement of their shift, as is possible, if they are unable to report to work.
(c) Existing practices concerning staffing during vacations, lieu time, illness, and leave with or without pay shall continue.
Article 8 - Vacations
Vacations will be based upon the hourly equivalent of the number of days applicable under Article 16 of the Collective Agreement.
Article 9 - Scheduling Lieu Time and Vacations
(a) Requests for lieu days and vacation days will be granted by mutual Agreement.
(b) A hard copy of requests for time off shall be provided by the employee. Following approval or denial, a copy shall be returned to the employee.
(c) Scheduled lieu accrued or expected to be accrued, shall be taken within the six week schedule.
(d) Scheduled lieu days shall be taken in blocks of one day.
(e) Scheduled lieu time shall be requested within the first three (3) weeks of the six (6) week schedule by the employee. The Employer will schedule the employees scheduled lieu during the second three (3) week period.
(f) When scheduled lieu is being earned, an additional hour will be scheduled for the Operator meeting in order to obtain twenty-two (22) hours of scheduled lieu.
(g) Accumulated lieu is not to accumulate to more than ninety-nine (99) hours. For purposes of Article 10, Accumulated lieu shall mean ‘earned time off to be taken at a later date instead of receiving overtime pay’. Scheduled lieu shall mean "the time off earned or to be earned during each six week cycle/schedule".
Accumulated lieu and Scheduled lieu are mutually exclusive.
Article 10 - Holiday Pay
If a member works a holiday, the member will be paid, in addition to the holiday pay, for the number of hours worked at the double time rate. If the member does not work the holiday, only seven (7) hours of the holiday will be considered for the purpose of computing the employee’s entitlement of overtime pay.
Article 11 - Shift Premiums
Shift premiums will be paid based upon the times worked and will be paid at the current shift premium rate. Operators working the day shift will be paid from sixteen hundred (16:00) hours to twenty hundred (20:00) hours at the afternoon rate. Operators working the night shift will be paid from twenty hundred (20:00) hours to twenty-three fifty- nine (23:59) hours, which is considered to be four hours, at the afternoon rate. The operators will be paid from zero zero zero one (00:01) hours to eight hundred (08:00) hours which is considered to be seven hours (eight hours less one hour for lunch) at the midnight rate. The weekend shift premium will begin at zero zero zero one (00:01) hours on Saturdays, and end at twenty-three fifty-nine (23:59) hours on Sundays. Operators working the nine (9) hour shift will be paid for hours worked between sixteen hundred (16:00) hours and twenty hundred (20:00) hours at the afternoon premium rate and for hours worked between zero zero zero one (00:01) hours and eight hundred (08:00) hours at the midnight rate. Operators working the eight (8) hour shift will be paid for hours worked between sixteen hundred (16:00) hours and twenty hundred (20:00) hours at the afternoon premium rate and for hours worked between zero zero zero one (00:01) hours and eight hundred (08:00) hours at the midnight rate.
Article 12 - Switching of Shifts
If a switch is mutually agreed upon, both employees must then work the agreed upon switched shift. Booking off, following the Agreement of switched shift, shall not be allowed without approval from the employer. This shall not be considered as switching shifts to avoid overtime as it is a request made by an operator to an operator.
LETTER OF UNDERSTANDING RE JOINT JOB
The University will adopt the practice to attach point 3, 3.1, 3.2, and 3.3 to their response, customizing the response to each request.
LETTER OF UNDERSTANDING
REGARDING TUITION REMISSION
Bargaining Unit employees who are enrolled for classes at the University may apply to the University of Windsor Student Alliance (UWSA) to have that portion of their incidental semester fees which go toward the Drug Plan Benefit reimbursed.
It is further understood by the parties that the University will waive the incidental semester assessment for the Health Levy, Recreation Levy and the C.A.W. Centre Levy.
LETTER OF UNDERSTANDING
REGARDING MANDATORY DRUG TESTING
The University agrees that it will not implement any policy requiring mandatory drug testing of Bargaining Unit employees, nor will it require any Bargaining Unit employee to take part in any mandatory drug testing, unless the safety of the employee, fellow employees, students, or the general public is in jeopardy. Any such testing will be consistent with guidelines prescribed by the Ontario Human Rights Commission.
LETTER OF UNDERSTANDING
REGARDING TEMPERATURE BELOW 18 DEGREES CELSIUS
It is agreed by the parties that in situations where the temperature in the workplace is below 18 degrees Celsius or 64.4 degrees Fahrenheit, the provisions of Article 14:08 will apply. The employees will be directed by their supervisor to either the C.A.W. Centre or Vanier Hall.
LETTER OF UNDERSTANDING
REGARDING TEMPERATURE ABOVE 31 DEGREES CELSIUS (87.8 oF Degrees)
It is agreed by the parties that in situations where the temperature in the workplace is above 31 degrees Celsius or 87.8 degrees Fahrenheit, the department head or his/her designate will provide relief for the employees working within the area. Relief could be, but is not limited to, providing fans, cold liquids, additional rest periods, moving employees to a cooler area where possible, etc.
It is understood and agreed that this letter shall not be the subject matter of a grievance.
LETTER OF UNDERSTANDING
REGARDING BOMB THREATS
The University policy on bomb threats will be conveyed to all Local 2458 (Full-time Office & Clerical Unit) employees by their respective academic/administrative heads.
LETTER OF UNDERSTANDING
The parties agree to continue to participate in the Joint University-wide Employment Equity Co-ordinating Committee (consisting of representatives from C.A.W. Local 2458 (Full-time Office & Clerical Unit), C.A.W. Local 2458 (Engineers), C.A.W. Local 2458 (Part-Time Clerical Unit), C.U.P.E. Local 1393, C.U.P.E. Local 1001, C.A.W. Local 195, U.W.F.A., and Non-union Administration) to address issues concerning employment equity at the University of Windsor. The parties also agree to proceed with the Employment Systems Review, the next step in the University of Windsor's Employment Equity Plan, in accordance with Canada's Employment Equity Act and the Federal Contractors Program. Decisions of such Committee/Subcommittees must be ratified by each individual constituency as applicable (C.A.W. Local 2458 (Full-time Office & Clerical Unit), C.A.W. Local 2458 (Engineers), C.A.W. Local 2458 (Part-Time Clerical Unit), C.U.P.E. Local 1393, C.U.P.E. Local 1001, C.A.W. Local 195, U.W.F.A., and Non-union Administration).
LETTER OF UNDERSTANDING
VOLUNTARY SUMMER HOURS SCHEDULE
The parties agree to a Voluntary Summer Hours Schedule with it being clearly understood that the decision to participate or not participate in a Summer Hours schedule will be at the discretion of the Deans, Department Heads, Directors and Administrative Heads. Reasons for non-participation by any particular department will be given by the Director of Human Resources to the Chairperson. Non-participation in Summer Hours is not grievable.
The guidelines are as follows:
(a) WHEN: Summer Hours will commence on or about May 15 and end on the Friday prior to Labour Day during each year of the Collective Agreement with possible exceptions as may be designated after review by the Chairperson and the Director of Human Resources.
(b) Summer Hours will not apply during the weeks where statutory holidays fall, i.e. Victoria Day, Canada Day and Civil Holiday.
(c) No reduction in 35 hours worked. Those employees involved in the Summer Hours Schedule shall still perform 35 hours of work per week. Any employee who wishes to remain with a 5-day, 7 hours schedule may continue to do so.
(d) In compliance with the Employment Standards Act, employees must take a rest period of 15 minutes, morning and afternoon as well as a minimum of 30 minutes for lunch.
(e) OPTIONS: There will be no imposed hours schedule. Different departments could determine within the aforementioned framework and criteria, a summer hours option that suits their operation.
LETTER OF UNDERSTANDING
RE: MAIL CARTS
The parties agree that the Manager of Health and Safety will inspect the existing mail carts with respect to their safe operation and may make such recommendations as are necessary to correct the identified safety problems.
LETTER OF UNDERSTANDING
The definition of “disability” shall be that as contained in the insurance policy dated July 1, 1993, issued by Great West Life and shall be effective July 1, 1996. Moreover, any difference in the interpretation, application, and administration of the insurance program between the Collective Agreement and the Insurance Policy that may occur will be resolved in favour of the contract of insurance.
LETTER OF INTENT REGARDING ORIENTATION
The Director of Human Resources will send a letter to all Department Heads emphasizing the need to thoroughly orient new employees to their department. The orientation should take the form of ensuring that employees are introduced to fellow staff, familiarization with the department procedures and routines and in general made to feel welcome and comfortable in their new surroundings.
LETTER OF UNDERSTANDING REGARDING OSAP/WORK STUDY
The parties recognize the importance of the OSAP/Work Study Program and agree that OSAP/Work Study students will not perform bargaining unit work in departments where members of the bargaining unit are on lay off.
The parties agree that where OSAP/Work Study students are performing secretarial/clerical work in departments where members of this bargaining unit are employed, the total hours of work available for the employment of those OSAP/Work Study students will not exceed 15% of the total regularly scheduled annual hours of the entire bargaining unit.
SCHEDULE "A" - EFFECTIVE July 1, 2001 TO JUNE 30, 2002
HAY SYSTEMS CLASSIFICATION GRID - The above wage classifications reflect all Pay Equity Adjustments.
(ALL HOURLY RATES NOTED IN SCHEDULE "A" ARE FOR REFERENCE AND OVERTIME CALCULATIONS ONLY)
Classification Year Year Year Year Year 5
& Point Spread (Start Rate) 1 2 3 4 Maximum
"1" 85 - 98 $ 11.94 $ 12.31 $ 12.66 --- --- ---
"2" 99 - 114 $ 12.62 $ 13.18 $ 13.72 $ 14.28 --- ---
"3" 115 - 132 $ 13.04 $ 13.68 $ 14.31 $ 14.94 $ 15.58 $ 16.20
"4" 133 - 153 $ 13.62 $ 14.28 $ 14.92 $ 15.57 $ 16.20 $ 16.83
"5" 154 - 178 $ 14.38 $ 15.09 $ 15.81 $ 16.55 $ 17.26 $ 17.99
"6" 179 - 207 $ 15.64 $ 16.37 $ 17.09 $ 17.82 $ 18.55 $ 19.30
"7" 208 - 240 $ 16.56 $ 17.37 $ 18.18 $ 19.01 $ 19.81 $ 20.62
"8" 241 - 279 $ 17.86 $ 18.69 $ 19.51 $ 20.34 $ 21.16 $ 21.99
"9" 280 - 324 $ 18.77 $ 19.68 $ 20.58 $ 21.49 $ 22.40 $ 23.29
"10" 325 - 394 $ 20.55 $ 21.46 $ 22.38 $ 23.29 $ 24.22 $ 25.12
"11" 395 - 436 $ 21.03 $ 22.03 $ 23.03 $ 24.02 $ 25.02 $ 26.01
IN WITNESS WHEREOF the parties hereto have executed this Agreement by the hands of their proper officers.
UNIVERSITY OF WINDSOR
Director of Human Resources
Employee Relations Manager
National Automobile, Aerospace, Transportation & General Workers Union
of Canada (C.A.W.-Canada) Local 2458
(Full-time Office & Clerical Unit)
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