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PART-TIME SUPPORT STAFFCOLLECTIVE AGREEMENTBETWEEN:COLLEGE EMPLOYER COUNCIL (the Council)(FOR COLLEGES OF APPLIED ARTS AND TECHNOLOGY)AND:ONTARIO PUBLIC SERVICE EMPLOYEES UNION(FOR PART-TIME SUPPORT STAFF EMPLOYEES)EFFECTIVE FROM: February 21, 2019TO:January 31, 2021
AGREEMENT MADE THIS 30th DAY OF JANUARY, 2019BETWEEN:COLLEGE EMPLOYER COUNCIL(hereinafter referred to as the "Council")with respect to and on behalf of theColleges of Applied Arts and Technology(hereinafter referred to as the "College" or "Colleges")AndTHE ONTARIO PUBLIC SERVICE EMPLOYEES UNION(hereinafter referred to as the "Union")
TABLE OF CONTENTSArticlePageRECOGNITION . 1Exclusive Bargaining Agent . 1Binding on the Parties. 2No Strikes and No Lockouts. 2DEFINITIONS . 3Regular Part-Time Employees . 3Casual Employees . 3Temporary Employees . 3Student Employees. 3Project of a Non-Recurring Kind Employees . 3RELATIONSHIP . 4Interference. 4Union Activities . 4Ontario Human Rights . 4MANAGEMENT FUNCTIONS . 5Union Acknowledgements . 5UNION/MANAGEMENT INTERESTS . 6List of Employees . 6Work of a Personal Nature . 6Union/College Committees . 6General . 6Membership . 6Functions. 6Excluded Matters. 7Employee/Employer Relations Committee . 7HARASSMENT . 8Sexual Harassment . 8Bullying/Psychological Harassment. 8UNION MATTERS . 10Leave of Absence - General .10Leaves of Absence Reimbursed by the Union .10Leave of Absence - Union Representatives .10Union Negotiating Committee .10Leaves of Absence - Conditions .10Full-time Assignment .11Union Deductions .11Authorization .11Application.11Remittance of Dues .11Union Representation .12i
TABLE OF CONTENTSArticlePageAppointment of Stewards .12Meetings .12Meetings Outside Normal Working Hours.12Copy of Agreement .12Conflict Between Electronic Version and Original Signed Version of CollectiveAgreement.12French/English Language Version of Agreement .13Local Union Notification .13Employee Orientation .13Notice Boards .13EMPLOYEE EVALUATION . 14Disciplinary Notice .14Access to Performance Appraisals/Disciplinary Notices .14Removal of Notices from File .14HOURS OF WORK . 15General .15Request for Additional Hours .15Changes in Schedule .15Working More Than Five Consecutive Days .15Overtime .15Rest Periods .15Split Shifts .16On-Call .16On-Call .16Call Back .16Return to the Workplace .17Resolving Issues From an Off-site Location.17WAGES . 18Wages.18Pay Period .18Shift Premium .18KILOMETRAGE ALLOWANCE . 19Calculation of Allowance .19Special Conditions .19EDUCATION . 20Reimbursement for Tuition .20Maintenance of Salary .20Tuition Fees .20Developmental Leave .20Purpose and Length of Leave .20Criteria .21ii
TABLE OF CONTENTSArticlePageApplication.21Response to Application .21Method of Payment .21Assignment on Return .21HOLIDAYS . 22Entitlement .22Restriction .22Substitution .22Working on Holidays.22Holiday During Vacation .22VACATION . 23Vacation Pay .23Scheduling Vacation .23LEAVES . 24Personal Leave Without Pay .24Bereavement Leave .24Jury/Witness Duty .24Citizenship Leave .24Pregnancy Leave .24Parental Leave .25Extension of Parental Leave for Adoption .25HEALTH AND SAFETY . 26Health and Safety Act .26Provision of Clothing .26Work Stations .26Safety Devices .26Footwear .26Eye Protection.26Environmental Conditions.27SENIORITY . 28Determination of Seniority .28Seniority Lost .28LAYOFF/RECALL PROCESS . 30Definition of Layoff .30Notice to Local Union.30Notice to Employees .30Minimizing Displacements .30Procedures for Layoff .30Familiarization Period.31Employee Election of Offered Position .31iii
TABLE OF CONTENTSArticlePageEmployee Election of Position .31Recall .31Recall Outside Forty (40) Kilometres .32Contracting Out - Union Notification .32Waiver of Rights/Severance .32General .32Severance Pay - Contracting Out .32Severance Pay - No Pyramiding .33JOB POSTINGS/PROMOTIONS . 34Notices .34Consideration - Bargaining Unit Employees .34Notification – Applicant .34Notification - Local Union President .34Job Reversal .35Resultant Vacancies.35Consideration - Non-Bargaining Unit Employees .35Temporary Assignments .35Higher Wage Rates.35Lower Wage Rates .35Excluded Positions .36Emergency Work Assignment .36Transfers .36Employee Requested Transfer .37Consideration – College Support Full-Time Bargaining Unit Work .37COMPLAINTS/GRIEVANCES . 38Definitions .38Day .38Union .38Grievance .38General Conditions .38Time .38No Reply .38Extensions .38Maintenance of Wages for Time Off .38Rights .39Cost Sharing .39Grievance Procedure .39Grievances .39Step 1 .39Step 2 .40Group Grievance .40Multi-College Issues.40Union Grievance .40College Grievance.41Discharge, Suspension, Layoff or Reassignment Grievance .41iv
TABLE OF CONTENTSArticlePageApplication.41Grievance .41Mediation/Arbitration Procedure .41Referral to Mediation/Arbitration .41Mediators/Arbitrators .42Mediator/Arbitrator .42Powers .42Limitations .42Mediator/Arbitrator’s Power .42Arbitration Board .42Persons Excluded .43DURATION . 44APPENDICES1 - Student Employees. 452 - Project of A Non-Recurring Kind . 463 - Temporary And Casual Employees . 484 - Employee/Employer Relations Committee .Terms of Reference . 50LETTERS OF UNDERSTANDINGReturn To Work . 53Less Than Twelve (12) Months Positions. 54Stand By . 55Childcare . 56Initial Seniority List Calculation . 57v
Part-Time Support Staff Collective Agreement 2019-2021RECOGNITIONExclusive Bargaining Agent(1) The Union is recognized as the exclusive bargaining agent for:(a)all persons regularly employed by an employer for not more than twentyfour (24) hours a week in positions or classifications in the office, clerical,technical, health care, maintenance, building service, shipping,transportation, cafeteria and nursery staff; and(b)all persons employed by an employer for a project of a non-recurringkind in positions or classifications in the office, clerical, technical, healthcare, maintenance, building service, shipping, transportation, cafeteriaand nursery staff.(2) The Part-Time support staff bargaining unit does not include,(a)foremen or supervisors;(b)persons above the rank of foreman or supervisor;(c)persons employed in a confidential capacity in matters related toemployee relations or the formulation of a budget of a college or of aconstituent campus of a college, including persons employed in clerical,stenographic or secretarial positions;(d)other persons employed in a managerial or confidential capacity withinthe meaning of Article 5 of Schedule 1 to the Colleges CollectiveBargaining Act, 2008;(e)students employed in a co-operative educational training programundertaken with a school, college or university;(f)a graduate of a college during the period of twelve (12) monthsimmediately following completion of a course of study or instruction atthe college by the graduate if the employment of a graduate is associatedwith a certification, registration or other licensing requirement;(g)a person who is a member of the architectural, dental, engineering, legalor medical profession, entitled to practise in Ontario and employed in aprofessional capacity; or(h)a person employed outside Ontario.1
Part-Time Support Staff Collective Agreement 2019-2021Binding on the PartiesThis Agreement is binding on the parties hereto and the employees as definedin Article 1.1 (1) (Exclusive Bargaining Agent).No Strikes and No LockoutsThe Union agrees there shall be no strike and the Council agrees there shall beno lockout during the life of this Agreement; “Strike” and “Lockout” beingdefined in the Colleges Collective Bargaining Act, 2008.2
Part-Time Support Staff Collective Agreement 2019-2021DEFINITIONSRegular Part-Time EmployeesRegular Part-Time Employees are employees employed in a continuous positionof indefinite extent with regularly scheduled hours on a weekly basis.*Casual EmployeesCasual Employees are those who work on a call-in basis and/or do not haveregularly scheduled hours on a weekly basis.Temporary EmployeesTemporary Employees are those who are employed to replace Regular PartTime Employees on leave or who are employed for a period of up to nine (9)consecutive months, or such longer period as the College and the Local Unionmay agree.Student EmployeesStudent Employees are students who are occupying positions that are onlymade available to current students of the College.Project of a Non-Recurring Kind EmployeesProject of a Non-Recurring Kind Employees are employees who are employed inprojects of a non-recurring kind.*Some Regular Part-Time employees may occupy less than twelve (12)month positions.3
Part-Time Support Staff Collective Agreement 2019-2021RELATIONSHIPInterferenceThe Colleges and the Union agree that there will be no intimidation,discrimination, interference, restraint or coercion exercised or practised byeither of them or their representatives or members because of an employee'smembership or non-membership in the Union or because of activity or lack ofactivity in the Union.Union ActivitiesThe Union agrees there will be no union activities on the premises of theColleges, except as specifically referred to in this Agreement or approved inwriting by the College.Ontario Human RightsThe parties agree that in accordance with the provisions of the Ontario HumanRights Code there shall be no discrimination against any employee by the Unionor the College because of race, ancestry, place of origin, colour, ethnic origin,citizenship, creed, sex, sexual orientation, gender identity, gender expression,age, record of offences, marital status, family status or disability.Accommodation, if it is requested by the employee and it is determined to berequired, is the duty of the College, the Union and the employee.4
Part-Time Support Staff Collective Agreement 2019-2021MANAGEMENT FUNCTIONSUnion AcknowledgementsThe Union acknowledges that it is the exclusive function of the Colleges to: maintain order, discipline and efficiency; hire, discharge, transfer, classify, assign, appoint, promote, demote, layoff, recall and suspend or otherwise discipline employees subject to theright to lodge a grievance as provided for in this Agreement; generally to manage the College and without restricting the generality ofthe foregoing, the right to plan, direct and control operations, facilities,programs, courses, systems and procedures, direct its personnel,determine complement, organization, methods and the number, locationand positions required from time to time, the number and location ofcampuses and facilities, services to be performed, the scheduling ofassignments and work, the extension, limitation, curtailment or cessationof operations and all other rights and responsibilities not specificallymodified elsewhere in this Agreement.The Colleges agree that these functions will be exercised in a manner consistentwith the provisions of this Agreement.5
Part-Time Support Staff Collective Agreement 2019-2021UNION/MANAGEMENT INTERESTSList of EmployeesThe College shall provide a list of employees to the Local Union President in thesecond week of October, February and June. This list will include eachemployee’s name, job title, start date, department, rate of pay, location, andemployee type (Regular Part-Time, Casual, Temporary, Students or Projects of aNon-Recurring Kind). For Regular Part-Time Employees, the list will include theanticipated number of weekly hours.Work of a Personal NatureEmployees shall not be required to do work of a personal nature which is notconnected with the operation of the College.Union/College CommitteesGeneralThe parties agree to create a Union/College Committee at each College. TheCommittee will consist of up to three (3) members appointed by the Unionfrom among employees at the College covered by this Agreement and up tothree (3) members appointed by management.MembershipThe highest ranking part-time steward of the Local Union shall co-Chair theCommittee and one of the College appointees shall be the other co-Chair. Itshall be the responsibility of the Union to supply the College with the names ofits Committee members. The President of the Local Union may also attendwhen required.FunctionsThe Committee shall meet six (6) times per calendar year, unless the partiesagree otherwise. The location and timing of those meetings shall be by mutualagreement.Prior to each meeting, the Union shall provide an agenda of matters that itproposes to discuss. The College may add matters to the agenda.It is agreed that when a meeting as contemplated by this sub-article takesplace by mutual consent during scheduled working hours, the member shallnot suffer any loss of pay as a result of attending such a meeting. Should ameeting be scheduled on a member’s scheduled time off, the employee will be6
Part-Time Support Staff Collective Agreement 2019-2021paid for time spent in the meeting. The Union acknowledges, however, thatthe employees have their regular duties to perform and will not absentthemselves without first obtaining permission from their immediate supervisorand reporting to their immediate supervisor upon returning to their regularduties. In keeping with this understanding, permission to attend such ameeting shall not be unreasonably withheld consistent with College operatingrequirements.Excluded MattersIt is agreed that meetings held under this Article shall not concern or entertainmatters that are the subject of a formal grievance.Employee/Employer Relations CommitteeThe parties agree to the establishment of an Employee/Employer RelationsCommittee. The parties further agree to meet within sixty (60) days ofratification (February 21, 2019). The terms of reference, found in Appendix 4,may be altered by the parties, from time to time, by mutual agreement.7
Part-Time Support Staff Collective Agreement 2019-2021HARASSMENTSexual HarassmentThe Colleges and the Union are aware of the provisions of the Ontario HumanRights Code that provide that persons have the right to be free from a sexualsolicitation or advance in the workplace where the person making thesolicitation or advance knows or ought to know that it is unwelcome. Bothparties subscribe to this principle, and to that end, acknowledge the followingobjectives: a complaint of this nature shall be promptly investigated and, wherewarranted, appropriate action taken;every effort shall be made and maintained by all parties to treat thecomplaint in a sensitive and confidential fashion, consistent withproviding reasonable information to the complainant and the personagainst whom the complaint is made as to the nature of the allegation,the progress of the complaint, and its resolution or disposition;the complaint shall be made to as impartial a person as possible, beingthe President or designate and who is not the person against whom thecomplaint is made.It
between: college employer council (the council) (for colleges of applied arts and technology) and: ontario public service employees union (for part-time support staff employees) effective from: february 21, 2019 to: january 31, 2021
