The following represents changes to the collective agreement as negotiated at the bargaining table. Changes are in a larger font and bold. Contact any of the negotiating team if you have any questions.
ARTICLE 2.00 Definitions
2.01 For the purpose of this Agreement:
(a) "Union" means the Nova Scotia Government and General Employees Union;
(b) "Employer" means Dalhousie University;
(c) "Employee" means an Employee of the University included in the Bargaining Unit defined in Appendix "A";
(d) "Bargaining Unit" means the bargaining unit described in Appendix "A";
(e) "Associate Director, Personnel Services" means said Associate Director with responsibility for administration of this agreement or his or her designate;
(f) "Union Notice Boards" means existing notice boards or parts of existing notice boards in University buildings which have been designated and reserved for the use of the Union.
(g) "Regular Full-time Employee" means one who is appointed to a regular position in the bargaining unit with normal hours of work in accordance with Article 27.01 of the Collective Agreement;
(h) "Regular Part-time Employee" means one who is appointed to a regular position in the bargaining unit with hours of work which are less than the normal hours of work of a Regular Full-time Employee. Unless specifically expressed otherwise in this agreement, and in accordance with the University Benefits Plan, Regular Part-time Employees are entitled to the benefits of this agreement on a pro rata basis;
(i) "Spouse" means a person who is either
(i) married through an eccelesiastical, religious, or civil ceremony to an Employee, or
(ii) although not married to an Employee, cohabits with the Employee for at least 12 months in a conjugal relationship. The term "conjugal relationship" shall be deemed to include a conjugal relationship between partners of the same sex.
(j) "Recurring Sessional Employee" means an Employee who is appointed to a "recurring sessional appointment" in accordance with Article 18.
(k) "Temporary Employee" means an Employee hired to fill a temporary vacancy or temporary job for a period of up to one hundred and eighty-three (183) calendar days or for the purpose of replacing a member of the Bargaining Unit during a temporary absence from her/his position.
(l) "Term Employee" means an Employee who is appointed to a term position, that is, a new position that is created for a specific term or project, in the Bargaining Unit of more than one hundred and eighty-three (183) calendar days expected duration.
2.02 Throughout this Agreement, the masculine includes the feminine and the plural includes the singular, and vice versa as the context may require.
ARTICLE 5.00 Contracting Out
5.01 No Employee shall be laid off due to the contracting out of work normally done by members of the bargaining unit providing the Employee agrees to relocation. Every effort will be made to relocate such Employee to a comparable position. A relocation under this article shall be in accordance with the provisions of Article 11.10. It is understood that the posting process may be suspended to facilitate relocation.
5.02 Contracting out without notice may occur only to the extent required to maintain normal operations and to compensate for fluctuations in service levels and demand.
5.03 Prior to finalizing any decision about contracting out all or a significant part of the services provided by members of the bargaining unit, the Employer agrees to advise the Union of its intention to contract out with supporting reasons. Within thirty (30) days of such advice the Union may consult and/or make representations on the matter to the Employer.
Should the Employer thereafter decide to contract out, a further thirty (30) days' notice will be given to the Union, prior to such contracting out.
5.04 The Union shall be provided with information relating to a specific instance of contracting out upon request to the Associate Director, Personnel Services.
ARTICLE 6.00 Union Security and Check Off
6.01 No Employee is required to join the Union as a condition of employment. However, each Employee, whether or not a member of the Union, shall pay the equivalent of Union dues to the Union.
6.02 The Employer shall deduct any monthly Union dues and initiation fees from each Employee in the bargaining unit, including Regular Full-Time, Regular Part-Time and Term Employees, in accordance with the Union's Constitution and By-Laws.
6.03 Deductions shall be made from each monthly payroll and shall be forwarded to the Treasurer of the Union not later than the seventh (7th) day of the next month, accompanied by a list of names of Employees in the bargaining unit from whose salaries such deductions have been made.
6.04 At the same time that Income Tax (T-4) slips are made available, the Employer shall supply to the Union without charge an account of the amount of Union dues paid by each Employee in the bargaining unit in the previous calendar year. ---Such amounts will be indicated on each Employee's Income tax (T-4) slip.
ARTICLE 10.00 Seniority
10.01 Except as otherwise provided in this article, seniority shall be defined as the length of an Employee's compensated service with the University (excluding service as a Temporary Employee) excluding overtime since the most recent date of hiring.
10.02 Employees of the University who transfer from outside the bargaining unit into positions in the bargaining unit shall not retain previously earned seniority for the purpose of determining lay-offs under Article 11.03 unless such seniority had been earned as a member of the bargaining unit or in a position excluded from the bargaining unit because of the confidential nature of the work and which is classified in accordance with Article 26.00, or in a position which is included in the bargaining unit as a result of the Union seeking inclusion of their position in the bargaining unit.
10.03 (a) An Employee who proceeds on an approved leave of absence without pay shall retain the seniority acquired up to and including the last day of work provided that the period of absence does not exceed twelve (12) months. Seniority shall not accumulate during the period of such absence. Approved leaves of absence of up to ten (10) working days per year shall not affect an Employee's seniority.
(b) An Employee shall continue to accumulate seniority throughout the term of an approved pregnancy leave.
(c) An Employee who is laid off (excluding sessional lay-offs) shall retain the seniority acquired up to and including one month beyond the last day of work provided that the period of lay-off does not exceed twelve (12) months. For lay-offs of Recurring Sessional Employees, such Employees shall retain seniority acquired up to and including ten (10) working days beyond the last day of work. Seniority shall not otherwise accumulate during the period of such lay-off.
10.04 Seniority and employment shall be considered broken:
(a) if an Employee voluntarily terminates employment at the University; or
(b) if an Employee is discharged and not reinstated by the grievance procedure; or
(c) if an Employee is absent from work because of illness or injury for a period in excess of thirty (30) months or when their rights expire pursuant to Article 34.08; or
(d) if an Employee has been laid off for a period in excess of twelve (12) consecutive months; or
(e) if an Employee who has been laid off declines to have her/his name placed on the re-employment list, voluntarily withdraws her/his name from the re-employment list, refuses to accept an offer of a position in the same classification as the original position, or subsequent to receiving notice of lay-off, neglects to reply within two (2) weeks to communications sent by the Employer to the last reported address.
10.05 The Employer shall make available to the representatives of the Union seniority information upon specific request.
ARTICLE 11.00 Lay-off, Redeployment, Recall and Severance
LAY-OFF
11.01 In the application of any provision of this article, the Employer shall avoid the use of its right to lay-off long service Employees until it has exhausted all other avenues to facilitate the continuing employment of such Employees. In any event, the reduction of positions shall be achieved, where possible, by attrition.
11.02 The Employer shall inform the Union of any pending lay-off and, if requested by the Union, shall meet with the affected Employee present before the lay-off takes place in order that both parties may make every reasonable effort to facilitate continuing employment elsewhere in the bargaining unit.
11.03 If lay-offs become necessary, such lay-offs shall take place from among those Employees doing similar work within the department in the reverse order of seniority, the Employee with the least seniority being laid off first. A department, for the purposes of this clause, shall refer to an academic department within a faculty or a distinct operational unit serving a specific and distinguishable function and with its own supervisory structure.
11.04 Employees who are to be laid-off shall be given minimum prior notice in writing, or pay in lieu thereof, as follows:
|
Compensated Service Since Date of Last Hire |
Written Notice |
|
Less than two (2) years Two (2) but less than five (5) years Five (5) but less than ten (10) years Ten (10) but less than fifteen (15) years Fifteen (15) or more years |
Four (4) calendar weeks Eight (8) calendar weeks Twelve (12) calendar weeks Twenty (20) calendar weeks Twenty-four (24) calendar weeks |
"Service" for the purposes of this article, shall exclude service as a temporary employee except temporary service that has been credited toward his/her probationary period in accordance with Article 17.02.
In each case a copy of such notice will be sent to the Union. Acceptance of pay in lieu of notice shall not alter a laid-off Employee's rights under this article, and her/his name shall be placed on the re-employment list as of the expiry date contained in the notice of lay-off.
11.05 Training Assistance
Employees who have been given notice of lay-off shall be eligible on request for reasonable training at the University unless the University can substitute an equivalent course elsewhere at less cost, to develop their job skills if the provision of such training would assist in their redeployment or relocation within the University and can be completed during the notice period of lay-off. Such a request shall not be unreasonably denied even though such training program or course may extend beyond the final date of the notice period of lay-off, with the understanding that, under normal circumstances, salary and benefits shall not continue beyond the final date of the notice period of lay-off. Tuition shall be waived for any such reasonable training that is approved by the University. This shall not prevent the Employee from proposing a cost sharing arrangement with the Employer if they are requesting training that goes beyond a reasonable amount of training.
11.06 Concurrent with any notice in accordance with Article 11.04 being given to an Employee of ten (10) or more years' compensated service, a meeting of the concerned parties (a representative from Personnel Services, the Union, the affected Employee and her/his department head) shall be convened to discuss:
(i) the reasons for the reduction and the necessity for lay-off;
(ii) any available options for early retirement, redeployment, reduced hours, sessional employment, job training or retraining. Upon request, any such available options shall be put in writing.
(iii) the Employer will provide an agenda prior to the meeting.
11.07 When an Employee receives a notice of lay-off, her/his name, address, telephone number, department, classification and seniority date shall be placed on a re-employment list. This list shall be maintained by the Employer, but it shall be the responsibility of the Employee, or former Employee, to keep the Employer informed of her/his current address and telephone number. The Union shall be provided with the up-to-date re-employment list and shall be advised of changes as they may occur. The name of such an Employee or former Employee shall remain on the re-employment list for a period of up to twelve (12) months following her/his last day of work as determined in the lay-off notice, unless s/he successfully relocates to another position.
REDEPLOYMENT
11.08 All vacancies shall be reviewed and postings selectively suspended by agreement between the Employer and the Union in those instances where an Employee who has been given notice of lay-off appears to be qualified to fill any comparable position to be posted. In the event of disagreement between the Employer and the Union, the position will be posted.
11.09 Employees who have been given notice of lay-off shall receive priority consideration as specified in Article 11.12 for all comparable positions for which they are qualified. The initial appointment to one of these will be by temporary transfer. In accommodating such transfers university departments will provide an additional one (1) month's training, if necessary, beyond the normal familiarization period for new staff. During the first three (3) months in such an appointment an assessment of performance against position requirements will be conducted after one (1) month and after three (3) months. If, during this period, either the Employee or the department wishes to terminate the temporary transfer, the Employee will be laid off at that time, or when the original notice of lay-off expires, whichever is later. If a transfer is mutually satisfactory at the conclusion of the three (3) month assessment period, it shall be confirmed in writing and the Employee shall become a regular staff member in the department.
11.10 Where an Employee who is on notice of lay-off accepts:
(a) if the Employee's salary is greater than the maximum step for the new classification, it shall be maintained until exceeded by such maximum and increased to the new maximum at that time;
(b) if the Employee's salary is within the range established for the new classification, it shall be maintained until her/his next normal anniversary date and increased to the next higher step at that time;
(iii) a position in the same classification, her/his salary and anniversary dates shall remain unchanged.
RECALL
11.11 A person whose name is on the re-employment list shall be offered her/his original position before other candidates are considered. If s/he should accept this position an assessment period shall not be required. Where job requirements within the same department are similar, candidates shall be recalled in order of seniority, the person with the most seniority being rehired first.
11.12 Qualified persons whose names are on the re-employment list shall be given priority consideration for all appropriate vacancies which may occur within the bargaining unit. For this purpose priority consideration shall mean that the Employee shall be considered first to determine whether, in the Employer's assessment, s/he has the requisite skill, aptitude and ability to perform the basic duties of the job in a satisfactory manner. Such consideration shall be without competition from any other Employee unless there are two or more persons on the re-employment list who apply for the vacancy concerned, in which case the criteria specified in Article 25.04 shall be applied. Appropriate vacancies shall be those at the same classification level for which the person is qualified.
11.13 For recall to other than the laid-off Employee's original position or department, as provided in Article 11.11, recall shall be on the basis of seniority, with the most senior qualified Employee being recalled first and the recalled Employee shall serve a three month assessment period. The department head may terminate this arrangement based on her/his assessment of the Employee's job performance during or at the end of the assessment period. The Employee may also terminate this arrangement during or at the end of the assessment period. In either case the Employee shall revert to lay-off and eligibility for recall shall expire in accordance with the original notice of lay-off given under Article 11.04. Despite the above, in the first instance that the Employee terminates such an arrangement eligibility for recall shall be extended by the amount of time spent in that position.
11.14 Persons on the re-employment list may be offered positions in another classification. Where an Employee refuses an offer of a position at a lower classification, her/his name shall remain on the re-employment list. Neither acceptance nor refusal of temporary employment shall restrict a laid-off Employee's rights under the collective agreement.
11.15 Formal offers of employment or recall shall be in writing with copies sent to the Union.
11.16 Severance Pay
An Employee with ten (10) years seniority may opt for severance unless an offer of alternative employment at the same or higher classification has been made or is pending. An Employee electing to request severance pay and forego any remaining entitlement to redeployment and recall shall notify the Employer of her/his choice at least one (1) week before the expiry of the lay-off notice. Once one-half (1/2) of the period of notice of lay-off has expired, the election to take severance pay shall be irrevocable by either party without the mutual agreement of the parties. Severance pay shall be one (1) week of pay for every one (1) year of full-time or pro-rated equivalent paid service since date of last hire by the Employer.
ARTICLE 14.00 Management Rights
14.01 The Union acknowledges that the primary functions of the University are to provide teaching and research services and facilities for students and faculty members of the University, with arrangements for services and facilities dictated primarily by the interests of students and faculty members.
14.02 The Union acknowledges that management and administration of services and facilities within the University are decentralized and that it is the exclusive function of the Employer to determine the authority delegated to those directly concerned with the provision of particular services and facilities.
14.03 The Union acknowledges it is the exclusive function of the University to ensure the provision of teaching and research services and facilities in the interests of students and faculty members by all reasonable measures. There shall be no strikes, lockouts, sit-downs, slow-downs, boycotts, picketing or any curtailments or stoppages of work or concerted action resulting in restriction of, or interference with, the University's operations or others concerned in providing teaching and research services and facilities.
14.04 It is agreed that in the event of a strike or lockout that essential services shall be provided by members of the bargaining unit. Accordingly, the parties have agreed that the following Employees may be required to work during a strike or lockout:
-Employees required to perform duties related to the care of animals under the direction of the Director of Animal Care, to meet the requirements of the Canadian Council of Animal Care;
-Employees working in the Aquatron; and
-Employees working in those areas producing liquid nitrogen.
This may be revised by mutual agreement between the Parties at any time.
14.05 Subject to the terms of this Agreement, the Union acknowledges that it is the exclusive function of the Employer to:
(1) maintain order, discipline and efficiency;
(2) establish and enforce reasonable rules and regulations covering the conduct, duties and methods of operation of the Employees not inconsistent with the provisions of this Agreement;
(3) hire, discharge, direct, classify, transfer, promote, demote, lay off, and suspend or otherwise discipline Employees, subject to the provisions of this Agreement;
(4) generally to manage and operate Dalhousie University.
ARTICLE 15.00 Probationary Employees
15.01 Subject to Article 17.02 herein any Employee who has not completed six (6) consecutive months of employment, excluding sick leave and approved leaves of absence if they total more than eight (8) working days, shall be a probationary Employee.
15.02 After a probationary Employee has served three (3) months in a position, her/his work performance shall be discussed by the supervisor and the Employee and confirmed to the Employee in writing at that time.
15.03 A probationary Employee shall be entitled to all rights and privileges of the Collective Agreement except paid sick leave benefits as outlined in Article 34.02 (c) and Long Term Disability Insurance [except for injuries which occur at work as determined by the University’s Long Term Disability carrier]. It is recognized, however, that a probationary Employee is serving a trial period to determine competence and suitability for a particular position and may be terminated if, in the Employer's judgement, s/he does not meet reasonable standards established by the Employer.
15.04 A probationary Employee shall accumulate paid sick leave at a rate of one (1) day per month.
15.05 A probationary Employee whose employment is terminated by the Employer for reasons other than wilful misconduct, disobedience or neglect of duty shall be given a minimum of two weeks prior notice of such termination, or payment in lieu thereof.
15.06 A probationary Employee shall be required to pay monthly Union dues.
ARTICLE 16.00 Term Positions
16.01 Employees appointed to term positions as defined in 2.01(l) of more than one (1) year's expected duration shall be considered regular Employees and shall be covered by all the terms of this Agreement.
16.02 Employees appointed to term positions in the Bargaining Unit as defined in 2.01(l) of one year or less, but more than 183 calendar days expected duration, shall be covered by all the terms of this Agreement except those in Article 11.00 - Lay-off, Redeployment, Recall and Severance pay and Article 34.02(c). Such Employees are entitled to accumulate paid sick leave at the rate of one (1) day per month. These Employees may be terminated upon the provision of three (3) weeks' notice in writing or payment in lieu thereof, and may not be eligible for all benefit programmes while employed.
16.03 Article 13 does not apply to a term employee at the conclusion of the term appointment s/he was hired to fill, plus any extension(s), provided such extensions do not exceed one year in total.
ARTICLE 17.00 Temporary Employees
17.01 Notwithstanding anything in this agreement to the contrary, a Temporary employee may be hired by the Employer in accordance with 2.01(k). An additional period of time for orientation/training may be provided at either the beginning and/or end of the temporary appointment for up to one month in total, which may only be extended with the prior agreement of the Union
17.02 In the event that a Temporary Employee is the successful applicant for a position in which s/he is currently employed, her/his seniority shall commence from the date of appointment to the regular Bargaining Unit position but the time s/he has already served in that position shall be credited toward her/his probationary period. If the period of employment has exceeded 183 days in the same position, the probationary period shall be deemed to have been served. This is not intended to supersede the regular job posting procedure.
17.03 The Employer shall, upon request, provide information on the level of employment of Temporary Employees in specified departments.
ARTICLE 23.00 Employee Benefits
23.01 The Employer agrees to maintain a Dalhousie University Employee Benefits Committee representative of interested staff groups, the Senate and the Board of Governors, to consider matters relating to benefit programs for staff, including; the administration of, participation in, contribution to, and obtaining value in the provision of, benefit programs. The committee shall meet at least four times per year unless the committee agrees to meet less frequently.
23.02 The Union shall have the right to appoint two (2) representatives to be members of the Dalhousie University Employee Benefits Committee and two (2) representatives to be members of the Pension Advisory Committee.
23.03 The Employer shall endeavour to ensure that the present insured benefits programme is only modified following a review of any proposed amendment or addition by the Employee Benefits Committee.
23.04 The Employer agrees to provide the integrated insured benefits plans and premium structure referred to in the report of the Employee Benefits Committee with respect to the amalgamation of the Dalhousie University and former TUNS benefits programs subject to any subsequent changes pursuant to the Memorandum of Agreement on page 95 of this agreement.
23.05 The Employer agrees that parking fees to be paid by Employees shall be the same as those paid by members of the other bargaining units on Campus.
23.06 Eligible Employees are entitled to make application to participate in the "Dalhousie University Staff Employee Benefit (Salary Deferral) Plan", subject to its review by the Employee Benefits Committee and approval by Canada Customs and Revenue Agency. Approval of a Member's application shall not be unreasonably withheld, it being understood that approval, when given, shall only relate to the department and position held at the time of approval.
23.07 The Employer shall supply information as to the pension plan and all insurance coverages to all members of the Union. In addition the Employer shall provide to the Union an audited balance sheet and income statement for the pension plan (the Dalhousie University Staff Pension Plan) within six (6) months of the close of each fiscal year that shall also show the rate of return earned in each of the previous two (2) fiscal years.
23.08 The Employer shall contribute an amount equivalent to, 60% of the cost of reimbursement option premiums for all Employees, 50% FTE or greater, who participate in the Voluntary Major Medical Insurance Plan.
ARTICLE 25.00 Job Posting
25.01 Unless the Parties mutually agree otherwise, when a job vacancy or a new position occurs within the bargaining unit, the Employer shall post on Union Notice Boards for at least five (5) working days a notice of such vacancy or vacancies, describing the job available, the qualifications required, and the date by which written application for the job must be received by the Staffing Unit, Personnel Services. The posting procedure shall apply to all positions within the bargaining unit.
25.02 Where such vacancy is not filled, and where the position is not under active recruitment for a period of two (2) calendar months following the posted expiry date, the position shall be reposted and subject to all conditions following.
25.03 Except as provided in Article 11.08 herein, competition for such job vacancies or new positions within the bargaining unit shall be open to all Employees within the bargaining unit and such vacancies shall first be offered to qualified Employees within the bargaining unit who have applied in writing within the time allowed by the notice in accordance with Article 25.01. In the absence of a qualified internal applicant, external applicants shall be considered.
25.04 Among competing applicants for a posted vacancy the Employer shall consider the following factors: training and experience; demonstrated performance relevant to the requirements of the position; ability; skills and aptitudes. Where two or more candidates are relatively equal in these respects, seniority shall be the determining factor.
25.05 It is understood and agreed that Employees who have successfully completed their probationary period may apply freely and without prejudice for any position posted under this article. On enquiry to the Coordinator, Staffing Services or designate, Employees shall be provided with any available information about a posted position in complete confidence.
25.06 Where an Employee is a successful applicant for a job vacancy or new position, only the approval of the Department Head gaining the Employee is necessary for the move. The Employee shall give three (3) weeks' notice unless a shorter period of notice is agreed to by the transferring department.
(a) The Employee's first three (3) months of service in the new position, excluding sick leave and approved leaves of absence if they should total more than four (4) working days, shall be considered a period of mutual assessment. By prior mutual agreement between the Union and the Employer, the three (3) month assessment period may be extended to up to six (6) months, provided this is specified in the job posting. Extensions may also be agreed to by the Parties in other circumstances.
(b) Within the applicable period, employment may be terminated by the Employee by giving notice in writing to the Employer consistent in duration with that specified in Article 20.01.
(c) Where employment is to be terminated by the Employer, for reasons other than wilful misconduct, disobedience or neglect of duty, the notice provisions specified in Article 11.04 shall apply and if during the initial three (3) month trial period their former position is available, they shall return to such position and former rate of pay.
(d) If the move is mutually satisfactory at the conclusion of the applicable assessment period, it shall be confirmed in writing and the Employee shall become a regular Employee in the department.
(e) An Employee who has been given notice of termination under this article shall have redeployment and recall rights as specified in Article 11.00.
25.07 Where an Employee is a successful applicant for a job vacancy or a new position carrying the same or a higher classification, there shall be no decrease in salary as a result of the move.
25.08 Where an Employee is an unsuccessful applicant for a job vacancy or a new position within the bargaining unit, that Employee shall be notified within two (2) working days of the decision. If an Employee wishes to have feedback on their application or interview, they may contact the Coordinator, Staffing Services.
25.09 Nothing in this article shall be interpreted to limit the right of the Employer to advertise and recruit outside the bargaining unit for such job vacancies or new positions, provided Employees within the bargaining unit are given first consideration for job vacancies or new positions in accordance with Article 25.04. Eligible applicants from within the Bargaining Unit, as determined by Staffing Services in consultation with the employing department, shall be interviewed and considered by the employing department and informed of the decision by the Coordinator, Staffing Services, before external candidates are interviewed and considered by the employing department.
25.10 In assessing whether an applicant is eligible for referral in accordance with Article 25.09 the Staffing Office will consider the posted job requirements and job description, years of service in a related capacity and the factors outlined in 25.04. Where there is uncertainty in the assessment, the applicant shall be interviewed.
Applicants who are not interviewed shall be advised within two (2) days of such decision being made, and upon request, shall receive the reason(s) within five (5) days.
25.11 The Employer and the Union may agree to suspend normal posting procedures in order to enable the continuing employment of an Employee under special circumstances.
25.12 Grievances filed under this article may be filed at Step Two of the grievance procedure.
ARTICLE 27.00 Hours of Work
27.01 Subject to the exceptions noted in this article, and permitted by Article 31.00 - Shift Work, the regular work day and regular work week for full-time Employees shall be six and one-half (6 1/2) hours and thirty-two and one-half (32 1/2) hours respectively, exclusive of meal breaks.
27.02 The work week of thirty-two and one-half (32 1/2) hours shall usually be five (5) days per week from Monday to Friday inclusive with two (2) consecutive days off and with a minimum of one-half (1/2) hour for a meal break. An employee may be scheduled by the Employer for a regular work week other than Monday to Friday and other than between the hours of 8:00 a.m. and 6:00 p.m.
27.03 Each Employee shall be entitled to one fifteen (15) minute break period in each half shift which shall be scheduled in accordance with operational requirements.
27.04 Nothing herein contained relating to the work week, work day, hours of work, overtime or vacations shall apply to non-clerical Employees of the University presently working in excess of thirty-two and one-half (32 1/2) hours per week in the following departments:
1. Division of Family Medicine
2. University Health Services
27.05 The work week of thirty-two and one-half (32 1/2) hours may occasionally be extended for equal time off in some other work week, at a supervisor's or Employee's request, if agreed upon by both parties.
27.06 Excluding overtime and emergencies, all Employees shall be given a minimum of twenty (20) working days' notice of a change in their regularly scheduled hours of work.
27.07 The Employer agrees that any Employee whose regular working conditions are such that s/he must change her/his clothes to perform her/his job will be granted ten (10) minutes at the end of her/his shift to change and wash.
27.08 If an Employee is required to travel between campuses during their working hours, the Employer shall provide transportation where appropriate.
27.09 The Employer shall select at least two (2) days in the period between Boxing Day and New Year's Day to be observed by all members of the bargaining unit as scheduled days off without loss of pay. In the event that an Employee is required to work on any of these days s/he shall be entitled to equivalent time off in lieu thereof without loss of pay. Such time off shall be by mutual agreement but failing this, the Employee shall be granted such time off with pay immediately following her/his annual vacation. For part-time Employees, such entitlement shall be pro-rated.
ARTICLE 30.00 Temporary Assignment
30.01 An Employee who is temporarily assigned for a period of six (6) months or less to perform in a classification paying a higher rate, shall be paid a premium for the entire period of assignment which is 7 1/2% of her/his existing rate of pay unless this results in a higher rate of compensation than the top of the classification of the position they are assigned to, in which case they shall receive a premium which is the difference between their existing rate of pay and the maximum hourly rate of the position they are assigned to fill temporarily (overtime is applicable to the premium as well) provided the Employee has worked in the higher classification for a period of at least of two (2) weeks. Where the temporary assignment exceeds six (6) months, the Employee shall be paid thereafter at a rate which is 7_ % higher than her/his existing rate of pay unless this results in a higher rate of compensation than the top of the classification of the position they are assigned to, in which case they shall receive a rate which is the maximum hourly rate of the position they are assigned to fill temporarily. (The higher overtime rate shall apply as well.)
30.02 When an Employee is temporarily assigned to perform work in a classification paying a lower rate, s/he shall be paid at her/his regular rate.
30.03 An Employee who is temporarily assigned to another position under this article shall normally be relieved of the responsibilities of her/his regular position during the period of her/his assignment.
30.04 An Employee who is temporarily assigned to another position under this article shall upon completion of such temporary assignment, return to their former or comparable position.
ARTICLE 31.00 Shift Work
31.01 An Employee will be considered to be on shift work when one-half of the regularly scheduled hours fall between 6:00 p.m. and 8:00 a.m.
31.02 An Employee who has worked a full scheduled shift in accordance with Article 31.01, of six and one-half (6 1/2) hours or more shall receive a premium of $3.50 for each shift so worked. This shall not apply to overtime shifts.
31.03 The regular daily and weekly hours of work for Employees who work shift may be other than six and one-half (6 1/2) hours per day, and thirty-two and one-half (32 1/2) hours per week. When a position requiring shift work is posted, the shift rotation and daily hours of work will be indicated, and shall then be considered the regular hours of work for that position. Subsequent changes to regularly scheduled hours of work are subject to Article 27.06.
Notwithstanding the foregoing, the regular hours for full-time Employees who work shift shall normally average 1690 hours per year.
31.04 Overtime shall be governed by Article 28.00.
31.05 Vacation and holidays for Employees who work shift shall be governed by Article 37.00 and Article 38.00.
31.06 There shall be no right of postponement or accumulation of vacation but, subject to the discretion of the Employer and the continuity of essential services within the department concerned, a maximum of one (1) full work week of their shift rotation may be deferred at the Employee's request to the following vacation year.
ARTICLE 34 Sick Leave
34.01 All regular Employees qualify for sick leave benefits provided in this article (for probationary Employees see article 15.04). Sick leave is defined as the period of time an Employee is absent from work with full pay as a result of a disabling injury or illness and is seeking appropriate medical treatment.
34.02 An Employee who is unable to report for work due to illness shall inform her/his supervisor at least two (2) hours before the beginning of their shift, where required on a departmental basis unless it is not reasonably possible for the Employee to do so. In any event, as much notice as possible will be given. Employees shall be notified of the required method of providing notification.
34.03 When illness or injury causes absence from work the following shall apply:
(a) The Employer may require medical evidence but not normally for periods of less than five (5) consecutive working days. Such medical evidence shall verify the disability or illness and inability to carry out normal duties and failure to provide such evidence may result in disciplinary measures. The Employer shall make every reasonable effort to accommodate the Employee in performing their normal duties or in finding alternate related duties in the department if an Employee is unable to perform their own duties due to illness or injury, and such requirement is substantiated by medical certification.
(b) Frequent periods of sick leave may be reviewed in accordance with Article 34.03 (b) to determine if the Employee is medically fit to carry out responsibilities on a full-time basis.
(c) Full salary shall be paid for the first one hundred and twenty-five (125) working days of sick leave in any 12-month period.
(d) Following the elimination period under the terms of the salary continuance program then in effect 180 days as of date of signing this collective agreement), eligible Employees shall claim any entitlement under the terms of such program.
34.04 An applicant for employment or an Employee may be required to undergo without cost to such Employee, medical examinations by a physician of the Employer's choice in the following instances:
(a) prior to employment but following an offer of employment, provided the medical information sought relates to a bona fide occupational requirement for the position applied for.
(b) in order to obtain health certificates, where the Employer in its discretion deems it necessary or desirable, including cases of repeated absences of less than five (5) days, provided a duplicate copy of the physician's report is given to the Employee.
34.05 Proof of Illness
An Employee may be required to produce certification (including a standing directive to do so) acceptable to the Employer and/or certification from a physician in order to qualify for sick leave, when such Employee's absences are excessive when compared to other Employees, or where the Employer has reason to suspect an Employee's absence is not legitimate, for example, a pattern of absences not explained by a medical condition.
Any standing directive shall be reviewed after each three (3) month period to determine whether it should be withdrawn and the Employee shall be notified within five (5) working days of the decision. Upon request, the Employer shall notify the Employee in writing of the reason for the standing directive, and/or the reason for the decision not to withdraw a standing directive.
34.06 Review of Sick Leave Entitlement
(a) The level of sick leave entitlement in 34.02 (c) above is intended primarily to provide income protection in cases of major illness or injury during the qualification period for the insured salary continuance programme. Also it provides coverage for short-term absence, reasonable in incidence and duration, due to illness or injury. Short-term absences are defined as absences of less than two (2) calendar weeks duration.
Without detracting from any other rights of the Employer, if the frequency and/or amount of an Employee's short term absence in any twelve month period is excessive and if it is not attributable to a continuing medical condition, the Employee shall qualify for a maximum of eight (8) days of paid sick leave in the ensuing twelve month period. However, the Employee will qualify for regular coverage in the event of major illness or injury.
This limitation shall be withdrawn if after 12 months of active employment, the amount and/or frequency of short term illness returns to normal.
Any disagreements relating to any entitlement under this Article 34.05 will be adjudicated by a panel comprised of a representative of the Union, a representative of the Employer and an agreed upon third party who may be an employee of the University. The decision of this panel is final and binding and there is no recourse to Arbitration for either party.
(b) Where an Employee's usage of sick leave is excessive (based on the average usage of other employees), the Employer may, upon notice, advise an Employee that for the following twelve (12) month period, there will be no benefits paid for the first day of any subsequent absence(s).
34.05 Formerly 34.04
34.06 Review of Sick Leave Entitlement
(a) The level of sick leave entitlement in 34.02 (c) above is intended primarily to provide income protection in cases of major illness or injury during the qualification period for the insured salary continuance programme. Also it provides coverage for short-term absence, reasonable in incidence and duration, due to illness or injury. Short-term absences are defined as absences of less than two (2) calendar weeks duration.
Without detracting from any other rights of the Employer, if the frequency and/or amount of an Employee's short term absence in any twelve month period is excessive and if it is not attributable to a continuing medical condition, the Employee shall qualify for a maximum of eight (8) days of paid sick leave in the ensuing twelve month period. However, the Employee will qualify for regular coverage in the event of major illness or injury.
This limitation shall be withdrawn if after 12 months of active employment, the amount and/or frequency of short term illness returns to normal.
(b) Where an Employee's usage of sick leave is excessive (based on the average usage of other employees), the Employer may, upon notice, advise an Employee that for the following twelve (12) month period, there will be no benefits paid for the first day of any subsequent absence(s).
Any disagreements relating to any entitlement under this Article 34.06 will be adjudicated by a panel comprised of a representative of the Union, a representative of the Employer and an agreed upon third party who may be an employee of the University. The decision of this panel is final and binding and there is no recourse to Arbitration for either party.
34.07 renumbered only
34.08 renumbered only
34.09 Alcoholism and Drug Abuse
Without detracting from the existing rights and obligations of the Parties recognized in other provisions of this Agreement, the Employer and the Union agree to co-operate in encouraging Employees afflicted by alcoholism or drug dependency to undergo a recognized program directed to the objective of their rehabilitation.
ARTICLE 35.00 Leaves of Absence
35.01 COURT LEAVE
Leave of absence without loss of pay shall be given to every Employee, who would otherwise be at work, who is required to:
(a) serve on a jury provided the Employee reimburses the Employer any monies received for sitting on the jury, excluding payment for travel, meals, or other expenses; or
(b) attend by reason of being a plaintiff or defendant, unless the Employer is a principal party in the action; or
(c) attend, by subpoena or summons, as a witness in any proceedings held:
i. in or under the authority of a court; or
ii before an arbitrator, or umpire or a person or body of persons authorized by law to make an inquiry and to compel the attendance of witnesses before it for the actual time required to give evidence; or
iii before a legislative council, legislative assembly or any committee thereof that is authorized by law to compel the attendance or witnesses before it.
35.02 BEREAVEMENT LEAVE
(a) In the event of a death of a husband or wife, a parent, parent-in-law, grandparent, grandchild, a son, daughter, brother, sister (including husband or wife of any of these), an Employee so bereaved shall be allowed leave with pay not exceeding three (3) working days. The days shall normally be consecutive, and shall be taken at the time of death, funeral or memorial service.
(b) If there is a death in an Employee’s family as defined under (a), while the Employee is on vacation, the Employee is entitled to use bereavement leave, pursuant to (a), rather than vacation days as scheduled.
(c) Request for such leave must be directed to the Employee's immediate supervisor.
35.03 LEAVE FOR FAMILY ILLNESS
No changes to this article
35.04 CONFERENCES AND SEMINARS
Where an Employee is required by the Employer to attend conferences, seminars, meetings or courses, time off with pay shall be granted. All reasonable expenses shall be paid by the Employer for travel, meals, accommodations and registrations.
35.05 MILITARY LEAVE
No changes to this article
35.06 OTHER LEAVES
Except as otherwise provided, nothing in this Agreement shall restrict the right of the Employer, through the Department Head and the Associate Director, Personnel Services, to authorize leaves of absence with or without pay for emergencies or special circumstances.
ARTICLE 36.00 Pregnancy, Parental, Adoption and Paternity Leave
PREGNANCY LEAVE
36.01 The Employer shall not terminate the employment of an Employee because she is pregnant. An Employee who has passed her probationary period, and any agreed extension thereof, shall be granted pregnancy leave in accordance with Article 36.04. However only Employees who have twelve (12) continuous months of employment with the University shall be eligible for the Supplementary Unemployment Benefit Plan.
36.02 Pregnancy leave must be arranged in advance with the immediate supervisor or the department head and recorded in Personnel Services.
36.03 The Employer may require an Employee to commence a leave of absence at the time when the duties of her position cannot reasonably be performed by a pregnant woman or the performance of the Employee's work is materially affected by the pregnancy.
36.04 A qualified Employee shall be granted pregnancy leave consistent in timing and duration with the Labour Standards Code of Nova Scotia. During this period she shall be eligible to claim benefits under the Supplementary Unemployment Benefit Plan as approved by the federal government and outlined in Appendix "C" of this Agreement to a maximum of seventeen (17) weeks.
36.05 Before proceeding on pregnancy leave, each Employee claiming benefits shall sign an undertaking on a prescribed form that she will return to work at the end of her maternity leave, or any authorized extension thereof, and remain in the University's employ for a period of at least seventeen (17) weeks thereafter. Should an Employee fail to return to work or return for a period of less than seventeen (17) weeks, the Employer shall review each case on its own merits and may, at its option, require the Employee to repay all or part of the benefits received under the SUB Plan.
36.06 When an Employee reports for work upon the expiration of the period of leave, she shall resume work in the same position or, if the position has been eliminated, a comparable position to that which she held prior to the commencement of the pregnancy leave, with no loss of seniority or benefits accrued to the commencement of the pregnancy leave.
36.07 While on pregnancy leave, an Employee shall continue to accrue seniority for purposes of lay-off and/or job posting.
PARENTAL LEAVE
36.08 Parental leave shall be in accordance with the Labour Standards Code (Nova Scotia).
ADOPTION LEAVE
36.09 The Employer shall, upon the request of an Employee who is not seeking a leave pursuant to Article 36.11, and receipt of a copy of the notice of proposed adoption made by the Employee under the Adoption Act of a child five years of age or younger grant the Employee a leave of absence with pay for the week in which the adoptive child comes into full care of the Employee and such additional weeks without pay, up to four (4), as the Employee requests. In the event that both adoptive parents are employed by the Employer this provision shall have application only to one of those adoptive parents.
36.10 The Employer agrees to modify the existing Supplemental Unemployment Benefit Plan, subject to the approval of Human Resources Development Canada, such that: When an Employee declares her/himself to be a primary care giver and qualifies for benefits under the Employment Insurance Act related to adoption, as determined by Human Resources Development Canada, the benefit payable by the Employer shall be the difference between ninety-five percent (95%) of the Employee's regular salary at the commencement of the leave and the amount the Employee receives from E.I. benefits plus any other earnings from employment, for a maximum period of ten (10) weeks. Any remaining entitlement to leave pursuant to the Labour Standards Code of Nova Scotia shall be without payment from the Employer. In the event that both adoptive parents are employed by the Employer this provision shall have application only to one of those adoptive parents.
PATERNITY LEAVE
36.11 On the occasion of the birth of his child, a male Employee shall be granted special leave with pay up to a maximum of four (4) work days. This leave may be granted on separate days.
ARTICLE 38.00 Annual Vacation
38.01
(b) Taking a pregnancy leave will affect the annual vacation an Employee is entitled to in the vacation year(s) immediately following such leave, however, pregnancy leave will not affect their entitlement to an additional week of vacation pursuant to Article 38.07(b) and (c).
(c)
Vacation entitlement shall be calculated on the basis of a regular six and one half (6 1/2) hour work day.
Former language exempt:
The maximum carry over of five (5) vacation days does not apply when an Employee is commencing a pregnancy leave. By mutual agreement with the department head she may carry up to one (1) year’s vacation entitlement.
ARTICLE 40.00 Discipline and Discharge
40.01 No Employee shall be disciplined or discharged except for just cause. Notice of discharge shall be consistent with the provisions of Article 20.03.
40.02 Before an Employee is disciplined (verbal warning, written warning or suspension only) or discharged s/he shall be advised of the right to have a Union representative present. This shall not preclude the right of the Employer to suspend "pending investigation" when a representative is not available.
40.03 On the request of an Employee who has been disciplined or discharged, the Associate Director, Personnel Services shall notify the Employee in writing stating the reasons therefor, with a copy of such notice to be sent to the Union's Employee Relations Officer, with a copy to the President of the Local. Such requests shall be made within three (3) working days of the discipline or discharge, and such notice shall be provided within three (3) working days of receipt of request. The Employer shall not be bound by the exact language of the statement of reasons at any subsequent arbitration hearings.
40.04 Where an Employee alleges that s/he has been disciplined or discharged in violation of Article 40.01, a grievance may be lodged in accordance with Article 41.00, provided that, in the case of a discharge, a grievance may be lodged at Step Two of the grievance procedure.
40.05 Where it is determined that an Employee has been disciplined or discharged without just cause, all records held by the Personnel Department and the Employee's department dealing with such discipline or discharge shall be removed from the files and destroyed. References, if any, to such discipline or discharge on documents required for bona fide administrative purposes shall not be released to unauthorized persons and under no circumstances shall be used to the disadvantage of the Employee concerned.
40.06
(b) The record of any Employee shall not be used against such Employee following a disciplinary action if twelve (12) months have elapsed without written warning or more serious disciplinary action for any reason, in accordance with 40.01 above.
(c) For discipline relating to serious wilful misconduct, serious disobedience, or neglect of duty, the period shall be extended to five (5) years.
(d) Discipline relating to sexual harassment, assault, including sexual assault, or theft is not covered by this article.
40.07 The Employer shall provide liability coverage of Employee's liability while performing duties or tasks required and authorized by the Employer. Such liability coverage shall be within the terms and conditions of the insurance policies of the Employer.
ARTICLE 47.00 Pay Periods
47.01 All Employees shall be paid by direct deposit on the twenty-seventy day of each month or, in the event that this is an non-working day, on the working day immediately preceding the twenty-seventh.. In December of each year Employees shall be paid prior to Christmas Day but not earlier than December 17th.
47.02 No changes
ARTICLE 51.00 Duration of Agreement
51.01 This Agreement shall be in effect for a term beginning July 1, 2001, to and including June 30, 2004, and shall be renewed thereafter unless either party gives to the other party notice in writing consistent with Section 34 of the Trade Union Act of Nova Scotia, that it desires to amend its provisions.
51.02 Where notice to amend the Agreement is given, the provisions of this Agreement shall continue in force until a new agreement is signed or a legal right to strike or lockout accrues, whichever comes first.