Collective Agreement

By admin, September 1, 2009 7:58 pm

Click here Collective-Agreement-until Aug31-2010 for a PDF of our complete collective agreement between CUPE Local 3907 and the University of Toronto. If you have questions as to the interpretation of the agreement, contact us.

Please note that this agreement expires August 31, 2010.

COLLECTIVE AGREEMENT

BETWEEN-

THE GOVERNING COUNCIL OF THE UNIVERSITY OF TORONTO

AND

The Canadian Union of Public Employees and its Local 3907

Term of Agreement:  September 1, 2008 to August 31, 2010

TABLE OF CONTENTS

ARTICLE 1:  GENERAL PURPOSE…………………………………………………………………………………………….. 1

ARTICLE 2:  RECOGNITION AND COVERAGE……………………………………………………………………………… 1

ARTICLE 3:  NO STRIKES AND NO LOCKOUTS……………………………………………………………………………. 1

ARTICLE 4:  NO DISCRIMINATION………………………………………………………………………………………….. 1

Sexual and Gender Harassment…………………………………………………………………………………………….. 3

Sexual Harassment Grievances……………………………………………………………………………………………… 3

Bullying and Personal Harassment………………………………………………………………………………………….. 5

ARTICLE 5:  UNION SECURITY………………………………………………………………………………………………… 5

ARTICLE 6:  MANAGEMENT RIGHTS………………………………………………………………………………………… 7

ARTICLE 7:  UNION AGREEMENT INFORMATION AND ISSUANCE…………………………………………………… 7

ARTICLE 8:  LABOUR/MANAGEMENT COMMITTEE……………………………………………………………………… 7

ARTICLE 9:  UNION REPRESENTATION……………………………………………………………………………………… 8

ARTICLE 10:  DISCIPLINE AND DISCHARGE……………………………………………………………………………… 8

ARTICLE 11:  GRIEVANCE PROCEDURE……………………………………………………………………………………. 9

ARTICLE 12:  ARBITRATION………………………………………………………………………………………………… 10

ARTICLE 13:  WAGES…………………………………………………………………………………………………………. 11

ARTICLE 14:  APPOINTMENTS……………………………………………………………………………………………… 12

Preamble……………………………………………………………………………………………………………………….. 12

Group A…………………………………………………………………………………………………………………………. 12

Group B…………………………………………………………………………………………………………………………. 13

14:03 – 14:08: Group B Only………………………………………………………………………………………………. 14

Groups A and B (Articles 14:09 – 14:19)………………………………………………………………………………… 15

Research and Development Graduate Assistantships…………………………………………………………………. 16

ARTICLE 15:  HOURS AND CONDITIONS OF WORK…………………………………………………………………… 16

ARTICLE 16:  LAYOFF AND RECALL………………………………………………………………………………………. 18

ARTICLE 17:  LEAVES OF ABSENCE……………………………………………………………………………………….. 18

General…………………………………………………………………………………………………………………………. 18

Bereavement Leave………………………………………………………………………………………………………….. 18

Pregnancy Leave……………………………………………………………………………………………………………… 18

Parental Leave/Adoption Leave……………………………………………………………………………………………. 19

Sick Leave……………………………………………………………………………………………………………………… 19

Work Accommodation……………………………………………………………………………………………………….. 20

Union Conventions……………………………………………………………………………………………………………. 20

Compassionate Leave……………………………………………………………………………………………………….. 20

ARTICLE 18:  BENEFITS………………………………………………………………………………………………………. 20

ARTICLE 19:  EMPLOYEE EVALUATION AND RECORDS……………………………………………………………… 20

ARTICLE 20:  HEALTH AND SAFETY………………………………………………………………………………………. 21

ARTICLE 21:  TERM OF AGREEMENT………………………………………………………………………………………. 21

LETTER OF INTENT:  Additional Research and Development G.A.ships……………………………….. 23

LETTER OF INTENT:  Calculation………………………………………………………………………………………… 23

LETTER OF INTENT:  Communication……………………………………………………………………………………. 23

LETTER OF INTENT:  Employment Equity……………………………………………………………………………… 23

LETTER OF INTENT:  Health and Safety Committee……………………………………………………………… 23

LETTER OF INTENT:  Joint Committee to Review Assistantship Allocation Process…………… 25

LETTER OF INTENT:  Course Extensions………………………………………………………………………………. 25

INDEX……………………………………………………………………………………………………………………………… 26

COLLECTIVE AGREEMENT ENTERED INTO at the City of Toronto, in the Province of Ontario, as of May 7, 2009.

- between -

THE GOVERNING COUNCIL OF THE UNIVERSITY OF TORONTO

(hereinafter called “the Employer”)

- and -

THE CANADIAN UNION OF PUBLIC EMPLOYEES and its LOCAL 3907

(hereinafter called “the Union”)

ARTICLE 1:  GENERAL PURPOSE

1:01      The Purpose of this Agreement is to establish an orderly collective bargaining relationship between the Employer and its employees represented by the Union.

ARTICLE 2:  RECOGNITION AND COVERAGE

2:01      The Employer recognizes the Canadian Union of Public Employees as the sole and exclusive bargaining agent for all graduate assistants employed at OISE who are registered at OISE as graduate, special, or certificate students, save and except those graduate assistants whose salaries are paid from other than operating funds, temporary Research Officers, those graduate students employed on an extramural stipend, and those persons covered by existing collective agreements.  Nothing in this agreement restricts or limits in any way the Employer’s right to make available or to provide financial assistance to students outside of an employment relationship including, for example, fellowships, scholarships or awards.

ARTICLE 3:  NO STRIKES AND NO LOCKOUTS

3:01      For the duration of this agreement the Union shall not take part in, authorize or call any strike which shall in any way affect the operations of the Employer, nor shall the Employer engage in any lockout, “strike” and “lockout” being as defined in the Ontario Labour Relations Act.

ARTICLE 4:  NO DISCRIMINATION

4:01

(a)                The Employer and the Union agree that there shall be no discrimination, interference, restriction, coercion or harassment exercised or practiced with respect to any employee or any applicant seeking to become an employee in any matter concerning the application of the provisions of this agreement by reason of socio-economic status, race, creed, colour, age, national origin, nationality, citizenship, ancestry, language of origin, sex, gender, or transgender identity, sexual orientation, marital or parental status, the number of dependents of the person, family relationship, place of residence, religious or political belief, affiliation or activities, disability, AIDS/HIV status, Union membership or non-membership, Union activity or lack of activity nor by reason of exercise of an individual’s academic freedom as a student.
Discrimination includes differential adverse treatment or decisions; interference; restriction; coercion, intimation, intimidation, or harassment.

(b)                Harassment can be multi-faceted.  Should this occur, complainants need not make a complaint on one specified ground, but may make a complaint that acknowledges the multi-faceted nature of harassment.  That is, grievances may address harassment on multiple grounds, e.g. racial-sexual harassment.

(c)                For the purposes of this collective agreement, harassment means:

  1. Physical conduct, occurring either on the Employer’s premises or in the pursuance of a University activity or business;

Which emphasizes the race, creed, colour, age, national origin, nationality, citizenship, ancestry, language or origin, sex, gender, sexual preference, marital or parental status, the number of dependents of the person, family relationship, place of residence, religious or political belief, affiliation or activities, AIDS or HIV status, physical handicap or disability, union membership or non-membership, union activity or lack of activity;

of one or more employees;

in a manner which the actor knows or ought reasonably to know creates for that employee or those employees an intimidating, hostile, or offensive working environment, and/or

  1. Verbal conduct or other forms of communication occurring either on the Employer’s premises or in pursuit of a University activity or business,

that is directed at one or more specific employees

that emphasizes the race, creed, colour, age, national origin, nationality, citizenship, ancestry, language or origin, sex, gender, sexual preference, marital or parental status, the number of dependents of the person, family relationship, place of residence, religious or political belief, affiliation or activities, AIDS or HIV status, physical handicap or disability, union membership or non-membership, union activity or lack of activity;

of that employee or those employees;

in a manner which the actor knows or ought reasonably to know creates for that employee or those employees an intimidating, hostile, or offensive working environment, and

that exceeds the bounds of freedom of expression or academic freedom as these are understood in University policies and accepted practices, including but not restricted to those explicitly adopted.

(d)        Any alleged violation of Article 4:01 as set out above shall be grievable.

4:02

(a)                The following clause shall be included on the GA application form and in the OISE course calendar:  “The University is committed to principles of equity employment, and particularly encourages applications from women, aboriginal persons, racial minorities, and persons with disabilities.”

(b)                CUPE, Local 3907 may appoint or elect up to two (2) representatives to the OISE Faculty Council Equity Committee, consistent with the terms of the Faculty Council’s constitution and by-laws.

(c)                Applicants for Graduate Assistantships in the Departments of Curriculum, Teaching and Learning, and Sociology and Equity Studies may complete their application forms in French.

Sexual and Gender Harassment

4:03      Sexual and gender harassment shall be considered discrimination under Article 4:01.

4:04      For the purpose of this Collective Agreement, “sexual harassment” means:

1)   Making submission to an unsolicited sexual advance or solicitation, expressly or by implication, a term or condition of an employee’s right to or continuation of or advancement in employment or academic success; and/or

2)   Using or threatening to make use of, rejection of an unsolicited sexual advance or solicitation as a basis for employment, academic or other decisions affecting the employee or the employee’s progress; and/or

3)   Physical conduct, occurring either on the Employer’s premises or in the pursuit of a University activity or business, which emphasizes the sex or sexual orientation of one or more employees in a manner which the actor knows or ought reasonably to know creates for the employee or those employees an intimidating, hostile, or offensive working or learning environment; and/or

4)   Verbal conduct or other forms of communication occurring either on the Employer’s premises or in pursuit of a University activity or business,

that is directed at one or more specific employees,

that emphasizes the sex or sexual orientation of that employee or those employees in a manner which the actor knows or ought reasonably to know creates for that employee or those employees an intimidating, hostile or offensive working or learning environment, and

that exceeds the bounds of freedom of expression or academic freedom as these are understood in University policies and accepted practices, including but not restricted to those explicitly adopted.

Sexual Harassment Grievances

4:05      An employee who believes that she/he has been harassed may file a grievance under the normal grievance procedure.  The time limit for filing such a grievance shall be six (6) months from when the alleged harassment occurred.

4:06      It is agreed that where an employee elects to submit a grievance alleging sexual harassment, she/he shall forfeit her/his right to file a “complaint” under the Employer’s sexual harassment policy.

4:07      Where an employee believes she/he has been the victim of sexual harassment, she/he may request, through the Union, to discontinue contact with the alleged harasser.  Every effort shall be made to separate the parties in their employment relationship, without the complainant suffering any academic or other penalty.  The Employer and the Union agree to treat requests to discontinue contact as confidential to those directly involved.

4:08      Witnesses who give information and /or evidence in a sexual harassment complaint shall suffer no penalty of an academic or other nature.

4:09      In the event that both the complainant and the respondent are employees covered by this Agreement, the Union and the Employer will appoint a mutually-agreed upon third party to investigate the complaint.  Within two (2) months, the investigator shall submit a report to the Union and the Employer.  The report may recommend discipline: e.g. ordering an apology, counseling, etc.  The report shall not preclude the possibility of a grievance being filed on behalf of the complainant or respondent.

4:10      In the event a grievance alleging sexual harassment is referred to arbitration in accordance with Article 12, the Chairperson of the Board of Arbitration shall be selected from a list of five (5) to be determined by agreement of the parties following ratification of this Agreement.

In the event the services of an arbitrator on the list are no longer available, the parties will review and update the list.

4:11      In the event a grievance alleging sexual harassment is filed, where the alleged harasser is the person who would normally deal with a step of such grievances, the grievance shall automatically be sent forward to the next step.

Bullying and Personal Harassment

4:12      The University will provide an environment where members of the bargaining unit are not subjected to bullying and personal harassment. In assessing whether bullying and personal harassment may have occurred, the definitions and standards set out in the University’s Civility Guidelines, although they do not form part of the collective agreement, shall be considered, including by an arbitrator in any arbitration pursuant to this section. The University will notify the Union when any substantive changes are made to the University’s Civility Guidelines and at the request of the Union will meet to discuss such changes.

An employee may file a grievance alleging a course of conduct amounting to bullying and personal harassment if, after the University has exhausted any applicable internal steps to respond to the situation, the employee is dissatisfied with the outcome. Such grievance will be filed at step 3 of the grievance procedure. If not resolved at Step 3, mediation or facilitation before an agreed-upon mediator or facilitator must occur before arbitration takes place. The mediation or facilitation will be confidential and without prejudice to the rights of either party.
During any internal steps taken to resolve the situation, employees shall have the right to be accompanied by a Union representative.

ARTICLE 5:  UNION SECURITY

5:01      Membership in the Union shall be voluntary.  However, as a condition of employment, each employee shall have deducted by the Employer from each pay, inclusive of vacation pay, during the term of the agreement an amount equal to the Union dues, levies and other assessments of the Union as are uniformly levied upon all members of the Union.  The amount of such dues, levies or assessments shall be certified to the Employer by the Secretary-Treasurer of the Union.  The Employer shall remit the amount deducted in accordance with this Article no later than the end of the month in which the deductions are made.  Each remittance shall be accompanied by a list of the employees from whose pay the deductions have been made, indicating the amount of their salary paid for the reporting period.  The Union agrees to indemnify and save the Employer harmless from any claims, which arise as a result of its compliance with the provisions of this Article.

5:02      The Employer shall provide the Union with a copy of each accepted offer normally within ten (10) working days of acceptance.  Any amendments or adjustments made to an accepted offer shall be reported to the Union normally within ten (10) working days.

5:03      The Employer shall provide the Union electronic versions of the list of the names, funded or non-funded cohort status, classification, departments, email, home addresses and phone numbers on record of all present employees and the total numbers of domestic and visa students by September 30.  The Employer will provide the above information on all new employees within two (2) weeks of their receipt of their first salary payment.  The Union agrees that such individual data will be held in confidence and will be used only for official Union purposes.  In October, January and May the Employer shall provide the Union with name, department and program stage of each employee.

5:04      The Employer shall provide an area of bulletin board space for official union notices in or near each department, to be marked “Canadian Union of Public Employees Notices.”  The Union shall have the exclusive right to put up and/or take down material from this space.

5:05      The Union shall advise the Employer, in writing, of all members of the Union bargaining committee which shall not exceed five (5) employees.  For the purposes of negotiations between the parties and as provided in and pursuant to Article 21, the Employer agrees to pay the Union a sum equivalent to a full time Graduate Assistantship.  Where a member of the Union bargaining committee encounters an unavoidable conflict between any scheduled hours arising from his/her Graduate Assistantship and attendance at a scheduled negotiation meeting with the Employer, the member of the Union bargaining committee shall be entitled to attend the negotiation meeting without loss of pay.  The affected member shall provide his/her supervisor with as much advance notice as possible.

5:06      Union members who are appointed to OISE Committees shall upon written request to their supervisor, be granted paid release time from their regular assistantship project for those times spent in OISE Committee meetings.  Such leave shall not be unreasonably withheld.

5:07      Employees who are required to act as witnesses or advisors in grievance meetings, arbitration hearings, may upon written request to their supervisor, be granted paid release time from their regular assistantship project for those times spent in such meetings and /or hearings.  Such leave shall not be unreasonably withheld.

5:08      The University shall provide the Union with suitable office space, a hook-up to the OISE computer system, and the necessary software to utilize the provided hookup.  It is agreed that the Ontario Institute for Studies in Education of the University of Toronto will make arrangements for the supply and installation of a dedicated telephone line for the purpose of connecting a FAX machine in the CUPE Local 3907 office on the 8th floor of 252 Bloor Street West and will pay for this work to a maximum cost of $500.  It is agreed that the Bell Canada line will be registered in the name of CUPE Local 3907, and that CUPE Local 3907 will assume all responsibilities for the payment of monthly fees, usage fees or any other maintenance or relocation fees that may be incurred beyond the initial date of installation of this line.

5:09      The Employer agrees to pay the Union the equivalent of one (1) full (two term) graduate assistantship by May 31 each year.  These monies shall be distributed among the members of the Union as seen fit by the Union.

5:10      The Employer will provide cleaning service and campus mail service at no cost to the Union.

5:11      The Employer agrees to issue upon request from the Union in writing, a library card (valid at both Robarts Library and Bora Laskin Law Library) to the National and Staff Representative(s) of the Union.  There shall be no charge to the Union or to the National or Staff Representative(s) for the card.  Use of the card shall be subject to the general regulations made from time to time by the University and /or the library, and the Union will be responsible for paying all user charges associated with the card.

5:12      The Employer recognizes the need for the Union local to have space to conduct meetings.  Accordingly, meeting space will be made available to the Union Local in accordance with the University of Toronto fee schedule, policies, and guidelines for reserving space within the limits of availability at the time of booking.

ARTICLE 6:  MANAGEMENT RIGHTS

6:01      The Union acknowledges that it is the right of the Employer to maintain order and efficiency; to hire, classify, transfer, promote, demote, lay-off; to discipline, suspend, or discharge employees; to establish and enforce rules and regulations not inconsistent with provisions of this agreement which govern the conduct of the employees; and generally to manage and operate the University of Toronto.

6:02      In exercising its rights and in conducting its employment relations, the Employer shall act fairly, reasonably, equitably, without unfair discrimination, in good faith and in a manner which is consistent with the provisions of this agreement.

ARTICLE 7:  UNION AGREEMENT INFORMATION AND ISSUANCE

7:01

(a)        The Employer shall inform all prospective new employees of the fact that a Union Agreement is in effect and shall provide each individual who accepts an offer of employment with a copy of the Agreement upon commencement of employment.

In the interest of environmental conservation, the collective agreement will be posted on the University’s Human Resources and Equity website and the CUPE, Local 3907 website and the link to said website will be provided to all employees in the bargaining unit. Upon request, printed copies of the agreement shall be made available to employees at the divisional Human Resources Offices.

(b)        Stewards will be granted two (2) hours’ paid release time from their regular assistantship to orient new members at the beginning of each academic year.

7:02      The Employer will have copies of this Agreement posted on the University’s website within thirty (30) days of its signing by both parties and within a further thirty (30) days have printed and distributed copies of this Agreement as per article 7.03.

7:03      The Employer will provide the Union with an electronic copy of the Collective Agreement.  In addition, the Employer will provide the Union with fifty (50) copies of the Agreement.

ARTICLE 8:  LABOUR/MANAGEMENT COMMITTEE

8:01      The Union and the Employer agree that consultation and communication on matters of joint interest are desirable to promote constructive and harmonious relations.  The parties shall each appoint three (3) representatives to a body, which shall be the Labour/Management Committee.  Meetings of this committee shall be held at the request of either party at a mutually agreed upon time and place provided that the party requesting the meeting give at least seven (7) days’ prior notice accompanied by an agenda of matters to be discussed.  A representative of each party shall be designated as joint chairperson and they shall alternate in presiding over meetings.

8:02      It is agreed that matters to be discussed at such meetings shall be the application of the provisions of this Agreement, the clarification of procedures or conditions causing misunderstanding or grievances and such other subjects as are mutually agreed upon.

ARTICLE 9:  UNION REPRESENTATION

9:01      No employee or group of employees shall undertake to represent the Union at meetings with the Employer without the proper authorization of the Union.  Neither shall the Employer meet with any employee or group of employees undertaking to represent the Union without proper authorization of the Union.  In representing an employee or group of employees, an elected or appointed representative of the union shall be the spokesperson.  In order that this may be carried out, the Union shall supply the Employer with the names of its officers and staff.  Likewise, the Employer shall supply the Union with a list of its designated authorities with whom the Union may be required to transact business.

9:02      The Employer shall recognize one (1) or more Union Stewards upon receipt of written certification from the Union of the name(s) of such Union Steward (s).

9:03      Union Stewards, Union officers, or Union staff shall have the right to assist employees in presenting grievances at various steps in the grievance procedure in accordance with this Agreement.

9:04      The Union shall have the right at any time to call upon the assistance of authorized representatives of the Canadian Union of Public Employees (CUPE) when dealing with the University. Such representatives and any other duly designated representatives shall have access to the University premises at reasonable times that do not interfere with the regular work of the members to consult with members, Local officers, or University officials.
When such representatives deal directly with University officials, the extent of the Union representatives’ authority shall be clearly defined and communicated to the University officials by the Union. Union officials are required to follow normal University procedures and protocol in arranging for use of University premises for meetings.

ARTICLE 10:  DISCIPLINE AND DISCHARGE

10:01    The Employer shall not discipline, suspend, discharge and/or cancel subsequent appointments except for just cause.

10:02    Employees shall have the right to be represented by a Union Steward or other Union representative at all meetings concerning matters of discipline, suspension, discharge and/or cancellation of subsequent appointments.  Employees shall be advised of this right prior to any such discussion and be given the opportunity to send for the Steward or other Union representative.

10:03    An employee who is disciplined shall be advised in writing of the nature of the discipline and the reasons for the disciplinary action.

10:04    Grievance of disciplinary action shall be initiated at Step 2 or Step 3 of the grievance procedure as appropriate.

10:05    All discipline issued to employees shall be in writing, with one (1) copy filed, one (1) copy supplied to the individual concerned, and one (1) copy to be supplied to the Union within three (3) working days of the individual receiving her/his copy.

ARTICLE 11:  GRIEVANCE PROCEDURE

11:01    A grievance shall be defined as any difference arising with respect to the interpretation, application, administration or alleged violation of this Agreement.

11:02 It is the mutual desire of the parties hereto that grievances of employees be adjusted as quickly as possible in the following manner:

An employee, accompanied if desired by either a Union Steward or other authorized Union representative, will first discuss the grievance with her/his supervisor who will attempt to adjust it.

Step One: If the grievance is not adjusted by the supervisor, it shall be reduced in writing on an employee grievance form and signed by the employee involved and the employee’s Steward within twenty (20) working days after the employee knew or ought reasonably to have known of the occurrence of the circumstances giving rise to the grievance.  The immediate supervisor shall give a decision in writing to the employee and either the Steward or other authorized Union representative within seven (7) working days.

Step Two: If the grievance is not resolved at Step One, the written grievance may be referred to the Chair for the unit to which the employee is assigned within seven (7) working days following receipt of the decision under Step One.  The Chair shall give a decision in writing to the employee and either the Steward or other authorized Union representative within seven (7) working days.

Step Three: If the grievance is not settled at Step Two, the written grievance may be referred to the Dean or designate by the Chief Steward, within seven (7) working days of the Union having received an answer in writing from the Chair.  The Dean or designate, who may be accompanied by the Director of Human Resources or designate, shall meet with the Chief Steward or designate, who may be accompanied by the National Representative of the Union or designate, within seven (7) working days of receipt of the grievance in order to resolve the dispute.  The Dean or designate shall reply in writing within seven (7) working days if the grievance is not settled at this meeting.

Step Four: Failing a satisfactory settlement at Step Three, the Union may refer the grievance to arbitration pursuant to Article 12 of this Agreement within ten (10) working days of receipt of the decision under Step Three.

11:03    Where no reply is given to a grievance within the limits specified, the grievor or the Employer, as the case may be, shall be entitled to submit the grievance to the next step of the grievance procedure.

11:04    The Arbitrator or Arbitration Board shall have the power to extend the time for the taking of any step in the grievance procedure, provided that the Arbitrator or Arbitration Board is satisfied that there are reasonable grounds for the extension.  The time limits imposed upon either party at any stage of the grievance procedure may be extended by mutual written agreement of the Employer and the Union.

11:05    The Employer shall have the right to file a grievance against the Union with respect to the interpretation, application, administration or alleged contravention of the Agreement.  Such grievance shall be commenced by presenting in writing a grievance signed by the Dean or designate, to the Union within twenty (20) working days of the day on which it became aware or ought reasonably to have become aware of the occurrence or origination of the circumstances giving rise to the grievance.  Failing settlement at a meeting held within fifteen (15) working days of the presentation of the grievance, the Union shall give the Employer its written reply to the grievance within fifteen (15) working days following the meeting.  Failing settlement, the Employer may refer the grievance to Arbitration pursuant to Article 12 within fifteen (15) working days of receipt of the Union’s written reply.

11:06    The Union shall have the right to file a grievance based on a difference with the Employer arising with respect to a question of general application, interpretation, or administration of this Agreement.  Such grievance shall not include any matter upon which an employee would be individually entitled to grieve and the regular grievance procedure shall not be bypassed, unless the matter affects the security of the Union.  Such grievance, signed by the Chair (Internal) or designate of the Union, must be presented in writing by registered mail or personal delivery to the Director of Human Resources or designate within twenty (20) working days of the day on which the Union became aware or ought reasonably to have become aware of the occurrence or origination of the circumstances giving rise to the grievance.  Failing settlement at a meeting held within fifteen (15) working days of the presentation of the grievance, the Employer shall give the Union its written reply to the grievance within fifteen (15) working days following the meeting.  Failing settlement, the Union may refer the grievance to Arbitration pursuant to Article 12 of this Agreement within fifteen (15) working days of receipt of the Employer’s written reply.

11:07    A group grievance, resulting from a consolidation of similar individual grievances seeking a common redress or alleging a similar violation of this Agreement may be initiated at Step Two if the employees are all employed in the same department, or at Step Three if they are employed in different departments, except that such grievances may be initiated within thirty (30) working days after the employees knew or ought reasonably to have known of the occurrence of the circumstances giving rise to the grievance.

11:08    Applicants, other than employees, who are registered students in OISE, or who have been accepted for registration, may file a grievance alleging a violation of Articles 4, 6 and/or 14, commencing at Step Two of the grievance procedure.  Such grievance must be filed within twenty (20) working days after the applicant knew or ought reasonably to have known of the occurrence of the circumstances giving rise to the grievance.  For the summer session, such a grievance must be filed within ten (10) working days after the applicant knew or ought reasonably to have known of the occurrence of the circumstances giving rise to the grievance.

ARTICLE 12:  ARBITRATION

12:01    The notice of intention to proceed to arbitration shall contain the details of the grievance, a precise statement of the matter in dispute, a statement of the actual remedy sought by the party from an arbitrator and the name and address of the party’s nominee as sole arbitrator.

12:02    The party who receives the notice of intention to proceed to arbitration shall then notify the other party of the name and address of its selection of an arbitrator within ten (10) working days after receiving the notice.  If the parties are unable to agree upon the selection of an arbitrator within a period of ten (10) working days, either party shall then have the right to request the Minister of Labour to appoint an arbitrator.

12:03    Alternatively, the parties may by mutual agreement agree that the grievance be referred to a board of arbitration.  The party who gives notice that the grievance be referred to a board of arbitration shall notify the other party of the name and address of the party’s nominee to the proposed arbitration board.  The party who receives the notice of intention to proceed to a board of arbitration shall then notify the other party of the name and address of their party’s nominee to the proposed arbitration board within ten (10) working days after receiving the notice.  The two (2) nominees shall attempt to select a chairperson for the board.  If they are unable to agree upon the selection within a further period of ten (10) working days after the appointment of the second nominee, either of the parties shall then have the right to request the Minister of Labour to appoint a chairperson for the board.

12:04    Grievances as set out in Articles 11:05, 11:06 and 11:07 which are referred to arbitration shall be referred to an arbitration board, the procedure for which is set out in Article 12:03.  Alternatively, the Parties may by mutual agreement agree that the grievance be referred to a single arbitrator, the procedure for which is set out in Article 12:02.

12:05    The Arbitrator or Arbitration Board shall neither have the authority to make any decision which is inconsistent with the terms of this Agreement, nor to add to or amend this Agreement.  The jurisdiction of the Arbitrator or Board shall be strictly confined to the issue in dispute.  The decision of the Arbitrator or the Board shall be final and binding upon the parties.  The Board’s decision shall be unanimous or one reached by a majority of votes; provided, however, that if there is no majority decision of the Board, then the decision of the chairperson shall constitute the final and binding decision of the Board.

12:06    The Arbitrator or Arbitration Board shall have the authority, in cases of discharge, suspension or disciplinary action, to reinstate an employee with remuneration for all wages and benefits lost.

12:07    The Employer and the Union shall each pay one-half (1/2) the remuneration and expenses of the Arbitrator or the chairperson of the Arbitration Board and each party shall pay the remuneration and expenses of its nominee to an Arbitration Board.  No grievance may be submitted to an arbitrator or dealt with by an arbitrator unless it has been properly carried through all of the required steps of the grievance and arbitration procedures.

12:08    Time limits set forth in this Article may be extended by mutual written agreement of the Employer and the Union.

ARTICLE 13:  WAGES

13:01    A Graduate Assistantship will be structured to fall within the range of one hundred and thirteen (113) to one hundred and thirty-three (133) hours’ duration over one term, or two hundred and twenty-six (226) to two hundred and sixty-six (266) hours over two terms.

The value of an assistantship shall be as follows:

Effective Date One Term Regular Academic Session (Two Term)

September 01, 2008                   $5,599.92                                      $11,199.83

September 01, 2009                   $5,762.42                                      $11,524.83

All Assistantships shall have an additional four percent (4%) added for vacation pay.  Vacation pay shall be calculated, identified separately, and included as part of an employee’s regular monthly salary payment.

13:02    The Employer shall issue to the employee a Record of Employment form within five (5) working days of the termination of the appointment.

13:03    The Employee’s pay stub will clearly indicate the name of the Union (i.e. CUPE 3907) with the deduction for union dues.

13:04    The parties agree that once an offer of work has been made to and accepted by an employee, there shall be no reduction in compensation for that appointment nor a reduction in monies from other sources, as a result of the employee’s obtaining additional work elsewhere.  When the additional work continues to be offered to the employee in subsequent years the parties agree that these protections will continue into the future.

13:05    The parties agree that any increase in the wage rates negotiated by the parties shall not be offset by monies from other sources in subsequent sessions, all other things being equal.

13:06    The parties agree that any increase in the wages negotiated by the parties shall represent an increase in the total earnings of an employee for that session.

ARTICLE 14:  APPOINTMENTS

Preamble

14:00    Full-time graduate students are eligible to be considered for Graduate Assistantships under this collective agreement.  Graduate students holding a major scholarship or fellowship, equal to or in excess of the value of a full Ontario Graduate Scholarship, an OISE teaching assistantship greater than or equal to 220 hours, an OISE course instructorship, or an OISE major research assistantship during the academic year (September-August), are not eligible for a graduate assistantship.

“Flex-time” Ph.D. students are part time students for the purpose of this article.

Notwithstanding the foregoing, a “Flex-time” Ph.D. student shall be eligible for consideration as a member of Group B under section 14:02 for one regular academic session during their program of study. In order to assess eligibility, the student must provide the following information, in writing, to Student Services accompanying their application:

1)      confirmation from their supervisor that they will be pursuing studies on a full-time basis, and

2)      confirmation that they will not be working full-time.

This information must specifically pertain to the academic year in which the student is seeking Group B eligibility.

Group A

14:01    Definition:

This group is defined as covering students in:

  • a Ph.D. program for the first four (4) years of the program;
  • the M.A. program (excluding the M.A. in Child Study, the Masters of Arts in Teaching [M.A.T.], and the Masters of Teaching [M.T.]) for the first year in the program;
  • Students in the M.A. in School and Clinical Child Psychology for the first two (2) years of the program;
  • School and Clinical Child Psychology Students at OISE who then go on to pursue the Ph.D. at OISE, for the first three (3) years of the Ph.D. program.

Students who meet the criteria above, but are full time employees at the University of Toronto or elsewhere, are ineligible to be considered for graduate assistantships under this collective agreement.  Full time employment is defined as thirty-five (35) hours per week, or where different, the number of hours specified in an employee’s contract as full time employment.

All students who meet the criteria above for inclusion in Group A will be offered a Graduate Assistantship.  A full Graduate Assistantship shall normally cover the period from September to April.   Where a student is offered, and elects to take up, a partial Graduate Assistantship, the employer will ensure that the differential between the partial and full Graduate Assistantship will be provided.

Clarity Note:  funding of the differential may be from sources such as, for example, OISE teaching assistantships, OISE major research assistantships, OISE course instructorships, scholarships, or fellowships.

Group B

14:02    Definition:

This group is defined as covering all other full time graduate students not covered by Group A including:

  • Students in the Ed.D. program;
  • Students in the M.Ed. program.

a)   Students who are enrolled or will be enrolled full-time in an M.Ed. will be eligible to be considered for assistantships for the first two (2) years of their program.  Students who are enrolled full-time in a Masters program with a two (2) year residence requirement will be eligible to be considered for the first three (3) years of their program.

b)      Students who are enrolled or will be enrolled full-time in a doctoral program will be eligible to be considered for assistantships for the first five (5) years of their program.

(c)    The assistantships of students who are enrolled full-time in the first year of an Ed.D. program will be renewed automatically for three (3) subsequent years of full-time study. Students awarded an assistantship in their second year will be automatically renewed for the following two (2) years.  Students awarded an assistantship in their third year will be automatically renewed for the following year.

(d)    Students with a guaranteed assistantship need not submit an application unless applying for an additional term of work above that specified in the original offer of appointment.

The Employer shall make at least forty-five (45) appointments of individuals from Group B in the Regular Academic session. One hundred percent (100%) of funds that were available for the Regular Academic session which were not allocated as of February 28th shall be made available for assistantships during the next summer or Regular Academic session. The Union shall be provided with a full accounting of the status of this fund by May 31st of each year.

14:03 – 14:08: Group B Only

14:03

(a)                All applications from eligible students will be considered by Departmental Assistantship Committees on the basis of the applicant’s ability to assist in research and/or field development activities, which are broadly defined but which do not include activities which are solely or predominantly clerical or administrative in nature. Departmental recruitment needs and seniority in the bargaining unit will be considered on an equal basis.  On the basis of these considerations, the Chair will recommend offers of assistantships.

(b)                At least sixty (60) days prior to the deadline for submission of applications for assistantships, each Departmental Assistantship Committee shall submit to the Employer and post in departments the most current departmental procedures and ranking criteria for the allocation of graduate assistantships.  The Union shall be provided with a copy of all such departmental procedures and ranking criteria within five (5) working days of their being posted.  Such departmental procedures and ranking criteria shall be in conformity with the provisions of Article 14:03(a).

14:04    The Union is entitled to appoint an observer to the Departmental Assistantship Committee, and to any committee in a department considering the offers of assistantships.  The observer shall be given seven (7) working days’ notice of such meetings and shall have the right to speak in respect of issues related to the interpretation of the Collective Agreement.

14:05    The evidence to be considered in judging applications shall be limited to the application form, the student’s academic file and any evaluation, per Article 19, of the student’s performance as a graduate student.

14:06

(a)        A current applicant for an appointment from a department may not serve as union observer in that department and will withdraw from a committee’s deliberations during discussion of the application of a spouse or immediate family member.

(b)        Union observers shall be given documentation regarding ranking and allocation of assistantships limited to departmental ranking criteria used in the allocation of assistantships, applicant’s scores, and final departmental ranking sheets.

(c)        Time used by the union observer appointed under Article 14:03 in the ranking of assistantship applications shall be considered as time worked for his/her assistantship.

14:07    A faculty member cannot serve on a Departmental Assistantship Committee for a department considering an application from her/his spouse or a member of her/his immediate family.

14:08 Applicants will normally be advised in writing of the outcome of their applications no later than April 30th. Members who have guaranteed assistantships for the next regular academic session will normally be notified no later than March 30th. Applicants shall indicate, in writing on a form provided by the OISE Student Services Office, whether they are prepared to accept an appointment.

Groups A and B (Articles 14:09 – 14:19)

14:09

(a)                For students in full time study in the same degree program for two terms of any academic year, the offer of appointment will be made for both terms considered to be thirty-five (35) weeks.  For students in full time study for only one term in any academic year, the offer of appointment will be made for the term of the full time study considered to be seventeen and one-half (17 1/2) weeks.

(b)                Upon request by a Graduate Assistant, notwithstanding Article 14:09(a), the period for completing assigned work may be extended to May 31 by mutual agreement of the supervisor and the Graduate Assistant.

14:10    The employment of and payment to a Graduate Assistant shall cease at the end of the academic term in which the employee completes all requirements for the degree program.

14:11    The employment of and payment to a Graduate Assistant shall cease at the time the employee ceases to be a registered student in a degree program, or ceases to be engaged in full time study or is dismissed for cause.

14:12    Applicants may decline an offer of appointment for any reason, and that action will not in and of itself affect the eligibility of the applicant to make future applications, nor will that action enter into the consideration of future applications.

14:13

(a)        For graduate assistants beginning their assistantships in the Fall term, job descriptions of all available work assignments will be posted on the first Monday following Labour Day; for graduate assistants beginning their assistantships in the Spring term, job descriptions will be posted during the first working week in January; for summer assistantships, job descriptions will be posted during the first week in May.  Each job description will indicate whether the work is to be performed in OISE buildings or elsewhere and if evening and/or weekend work is required and will indicate the name of the supervisor.  The Union shall receive copies of all job postings as they are submitted by units for approval.

(b)                Graduate assistants shall indicate up to five (5) ranked preferences of job assignments and reasons (e.g., relation of job to academic and professional development, special skills, experience) on a form to be provided by the OISE Student Services Office.  These forms will be submitted to the Chair of the Departmental Assistantship Committee within ten (10) days of the posting. Graduate Assistants applying for job assignments in different units will provide each unit, including their home department, with a copy of the form.

(c)                The Departmental Assistantship Committee, with the approval of the Chair, will assign available jobs within fifteen (15) working days of the posting of the job descriptions. The stated preferences of the applicants, particularly with regard to how the work will contribute to the Assistant’s academic and professional development, will be taken into account in making specific job assignments. In cases where there is more than one (1) applicant for a job assignment, the supervisor shall be so notified by the Committee and shall be invited to indicate their preferences and reasons in writing to the Assistantship Committee. Job assignments will be posted in the department and copied to the Union and the OISE Student Services Office as soon as possible following approval of the assignments by the Chair. Graduate Assistants will indicate their acceptance of these assignments by signing the appropriate form, which shall be copied to the union.

14:14    Students who have disabilities and who have not completed the academic requirements of their degree program may, upon written request, gain an additional year of eligibility, subject to the confirmation of the disability by the Special Services to Persons with a Disability Office.  Such request should be submitted, along with the assistantship application, by December 1st.

14:15    An academic year over which a graduate student takes an approved leave of absence from full-time study shall not be counted as one of the years referred to in Article 14:02(a), (b) and (c) or Article 14:10.

14:16    Notwithstanding 14:02(c), employees will not have their assistantships renewed or if they are terminated for just cause.

14:17    The Employer shall make at least twenty-four (24) appointments for the summer academic session and shall endeavour to ensure that, overall, at least fifty (50%) percent of the appointments are awarded to individuals in Group B.

14:18    The Employer agrees to make payment retroactively when an appointment has not been processed to effect payment on the first normal payday of the appointment period.

Research and Development Graduate Assistantships

14:19    The University agrees to establish a fund of a minimum of one hundred and forty thousand ($140,000) dollars for the creation of Research and Development Graduate Assistantships, of which no less than ninety-five thousand ($95,000) dollars will be allocated to individuals from Group B.  The parties agree that students in the Doctoral program in year six (6) are eligible for appointment to Research and Development Graduate Assistantships.

ARTICLE 15:  HOURS AND CONDITIONS OF WORK

15:01    Upon appointment each employee shall be given an offer of employment stating the number of hours of work required and the duration of the appointment.  Upon assignment each employee shall be notified of the name of the supervisor who will assign duties and to whom the employee will be responsible.  The hours of work and the duration of the appointment shall only be changed with the written consent of the employee excepting any changes arising out of such conditions as are specified in the offer of employment.

15:02    The employee and immediate supervisor shall have a mutual responsibility to ensure that the hours of work specified in the offer of employment are neither exceeded nor reduced.  All duties required, expressly or by implication, shall be included in the calculation of hours worked.  The immediate supervisor, or Chair if necessary, shall meet with the employee to discuss hours and work assignments as soon as possible and no later than ten (10) working days after the job has been assigned.  If the supervisor or Chair fails to do so, the employee shall be deemed to have commenced work from the date specified in the offer of employment.  In implementing this clause, it is understood that the employee will make every reasonable effort to meet with the supervisor or Chair at a mutually agreed upon time.

15:03    The hours of work referred to in a letter of appointment shall be the total number of hours over the entire period of employment.  Where applicable, the Employer will make every reasonable effort to equalize the hours worked in the Fall and Spring academic terms.

15.04    If the Chair fails to specify an employee’s work assignment within the time period specified in Article 14:13, the employee’s hours of work will be reduced accordingly.

15:05    All Graduate Assistants shall be provided with a desk and all materials necessary for the performance of their duties.  Materials may include, for example: use of a computer, phone, photocopy machine and computer disks, as required to perform the duties of the assistantship.  Graduate Assistants who, with prior written approval of the Chair (or designate) of the employing department, incur travel and material expenses for the performance of their graduate assistantship may submit receipts for reimbursement according to University policy.

ARTICLE 16:  LAYOFF AND RECALL

16:01    Should the employer determine that it is necessary to lay off members of the bargaining unit the order of lay off shall be the reverse order of their departmental ranking at time of hire.  In any case of layoff the employee shall be given ten (10) working days’ notice or payment in lieu.  Employees on layoff shall be recalled in order of departmental ranking.  Employees on layoff shall be eligible for recall for a period of one hundred (100) calendar days from the date of layoff.

ARTICLE 17:  LEAVES OF ABSENCE

General

17:01    Upon application to the employee’s supervisor, an employee may be given leave without pay with the approval of the Dean or designate.  Such leave shall not be unreasonably denied.

Students on approved leaves of absence shall not be expected to make up the hours that would otherwise have been worked during the period of the approved leave.

Bereavement Leave

17:02    An employee shall be given one (1) week’s leave with pay upon the death of a member of the employee’s family.  It is understood that for the purposes of this article, family shall be broadly defined.  Leave shall not unreasonably be denied.

Pregnancy Leave

17:03    A pregnant employee shall be granted a pregnancy leave of absence of up to seventeen (17) weeks upon written request submitted at least two (2) weeks in advance and submission therewith of a doctor’s certificate stating that she is pregnant and the probable date of delivery.  Where the department requests a certificate from a legally qualified medical practitioner (e.g., physician, obstetrician/gynecologist, midwife) confirming this information, such certificate shall be provided without undue delay.  The employee and the employing Department shall record in writing their joint understanding of the anticipated beginning and ending dates of the leave; however, the ending date of a leave may not be extended beyond the ending date of the employee’s appointment, except as otherwise provided for in this article.

An employee may return to work within the original period of appointment upon giving two (2) weeks’ notice in writing of her intention to do so or upon confirming her previous arrangement for return.  The employee shall be reinstated to her position or shall be provided with alternative work of a comparable nature at the same rate of pay for the remainder of her appointment.

A)   Leaves of two (2) months or less shall not result in an interruption of regular monthly instalments.  Leaves longer than two (2) months shall be without pay for the period which exceeds the first two (2) months of such leave.

OR

B)   For employees who qualify for Employment Insurance benefits based on insurable hours of work in this bargaining unit, a supplementary benefit will be provided. The University will pay the employee ninety-five (95) percent of regular pay during the two (2) week waiting period for Employment Insurance benefits, and, for the next fifteen (15) weeks, or until the end of the appointment (whichever comes first) will pay the difference between Employment Insurance benefits and ninety-five (95) percent of salary, provided that the employee applies for and receives Employment Insurance benefits.

17:04    In the event of a miscarriage, a stillbirth, or birth of the child earlier than expected, the employee may begin her leave immediately, but shall notify her employing Department as soon as possible, but no later than ten (10) working days subsequent to her first day of leave; the employee shall provide, at the Employer’s expense, a doctor’s certificate from a legally qualified medical practitioner (e.g., physician, obstetrician/gynecologist, midwife) stating the date of birth, stillbirth, or miscarriage, and the date the employee was expected to give birth.

Parental Leave/Adoption Leave

17:05    An employee who has been appointed for at least thirteen (13) weeks and who is the parent of a child is entitled to a leave of absence of up to thirty-five (35) weeks following (a) the birth of the child; or (b) the coming of the child into the custody, care, and control of a parent for the first time.  An employee who has not taken pregnancy leave is entitled to a leave of absence of up to thirty-seven (37) weeks.

Application for such leave shall be submitted in writing to the Supervisor at least two (2) weeks in advance, indicating the date on which the leave is to begin.  Parental leave may begin no more than fifty-two (52) weeks after the day the child is born or comes into the custody, care, and control of a parent for the first time.

Parental leave of an employee who takes a pregnancy leave must begin when the pregnancy leave ends unless the child has not yet come into the custody, care, and control of a parent for the first time.

In the case where the employee who is the parent of a child stops working because the child comes into the custody, care, and control of the parent for the first time sooner than expected, the employee must provide written notice that he/she wishes to take leave within two (2) weeks after stopping work.

The employee and the employing Department shall record in writing their joint understanding of the anticipated beginning and ending dates of the leave; however, the ending date of the leave may not extend beyond the ending date of the employee’s appointment, except as otherwise provided for in this article.

Upon completion of the leave, the employee shall be reinstated to his/her position or shall be provided with alternative work of a comparable nature at the same rate of pay for the remainder of his/her appointment.

Leaves of one (1) month or less during the term of an appointment shall not result in an interruption of regular monthly instalments.  Leaves longer than one (1) month during the term of the appointment shall be without pay for the period which exceeds the first month of such leave.  No payment will be made which exceeds the end of the term of employment.

Sick Leave

17:06    Employees who have a full GA appointment in an academic session shall be granted up to three (3) days of sick leave with no loss of pay.  Employees who have a half GA appointment in an academic session shall be granted up to two (2) days of sick leave with no loss of pay. Employees who hold a summer GA shall be granted up to one (1) day of sick leave with no loss of pay. Any additional absence or absences due to illness/injury shall be without pay.  To qualify for sick leave the employee must notify his/her supervisor and the Chair or Designated Authority as to the expected duration of the illness/injury.  Sick leave shall not accumulate from one appointment to another.  Employees may be required to provide a physician’s certificate upon return to work.  All certifications by medical practitioners respecting sickness or injury shall remain confidential.

Work Accommodation

17:07    Where an employee requires accommodation due to illness or disability, the employee will first raise this with the supervisor.  The Employer will meet with the union to discuss its plans for accommodation.  Where a written accommodation plan exists, the union will be provided with a copy.

Union Conventions

17:08    Subject to the approval of the Chair and upon written request at least ten (10) working days in advance, leave of absence without pay or loss of seniority shall be granted to not more than three (3) employees.  Such leave of absence shall apply to employees who may be elected or appointed by the Union to attend Union conferences and conventions.  Such leave of absence is to be confined to the actual duration of the convention and the necessary travel time.  Such leave shall not exceed thirty (30) working days in total for the bargaining unit in any calendar year.  The granting of such leaves shall not be unreasonably withheld.

Compassionate Leave

17:09    Upon request, an employee shall be granted leave without loss of pay of up to one (1) week to attend to a seriously ill relative or close friend once per academic year. Unpaid compassionate leaves under this article may be granted during the same academic year.

ARTICLE 18:  BENEFITS

18:01    Effective May 1, 2002, all Graduate Assistants who are employed for at least one (1) term between May 1 and April 30 of each year shall receive two hundred and fifty dollars ($250.00).  All Visa students employed as Graduate Assistants for at least one (1) term between May 1 and April 30 of each year shall receive an additional payment of three hundred dollars ($300.00).

Effective September 1, 2004 all Graduate Assistants in Group B who are Visa students with dependents shall receive an additional payment of one hundred and fifty dollars ($150.00).

18:02    The Employer shall pay all tuition costs and other related costs for courses and/or workshops, deemed by the Chair to be essential to an employee’s work assignment. All costs and time to be spent in the courses and/or workshops must be approved by the Chair, in writing, prior to enrolment in such courses and/or workshops.  Time approved for courses/workshops will be credited to the GA as time worked.

ARTICLE 19:  EMPLOYEE EVALUATION AND RECORDS

19:01    The Employer and the Union agree that the purposes of performance evaluations are to improve the quality of the employee’s work by assisting the employee to develop his/her skills, to provide the employee with feedback on his/her performance and to provide a written record of that performance.

19:02    The Department may evaluate each Graduate Assistant’s work performance, not more than twice per period of appointment, in writing using methods appropriate to the Department. More than one evaluation may be completed.

19:03    Such evaluations shall be put in the employment file, only after discussion with the employee, and the employee shall have the right to place written comments in the file, and the right to grieve the methods of evaluation.  Employees shall have the right to make copies of all documents in their employment files.

19:04    An Employee may request an evaluation by the Supervisor not more than twice per period of appointment, by submitting a written request to the Supervisor.    Such evaluation shall be provided to the employee within four (4) weeks and shall be conducted in accordance with Article 19:02.

19:05    Concerns about unsatisfactory performance shall be brought to the attention of the employee, in writing or orally, as the supervisor deems appropriate, and without undue delay. This may occur at any time during an appointment or within a reasonable period of time beyond the completion of the appointment.

19:06    The employment file shall only contain documents relating to employment and such file shall be maintained separately from the employee’s academic file.

19:07    The contents of the employment file, and all other matters pertaining to the employee’s work performance shall not be communicated in a discussion of academic standing or performance and shall not affect in any way the evaluation of academic standing or performance.

ARTICLE 20:  HEALTH AND SAFETY

20:01    The Union has the right to appoint a voting representative to all health and safety committees at OISE.

20:02    The Employer and the Union recognize their joint responsibility to protect the health and safety of employees and members as they carry out their duties, and shall abide by the provisions of the Ontario Occupational Health and Safety Act.

ARTICLE 21:  TERM OF AGREEMENT

21:01       This Agreement and the attached Letters of Intent forming a part thereof, shall be binding and remain in effect from September 1, 2008 to August 31, 2010 and shall be renewed from year to year thereafter unless either party gives the other notice, in writing, within the period one hundred and thirty (130) days before the Agreement ceases that it desires to amend or terminate the Agreement.

21:02       When such notice is given, negotiations shall commence within twenty-one (21) days of receipt of the notice, and both parties shall negotiate in good faith.  This Agreement shall continue in force until a new agreement is signed, or the right to strike or lockout commences, whichever occurs first.


IN WITNESS WHEREOF each of the parties hereto have caused this Agreement to be signed by its duly authorized representatives in the City of Toronto on May 7, 2009.

THE GOVERNING COUNCIL OF THE UNIVERSITY OF TORONTO

BY:

Vice President, Human Resources & Equity

Secretary of Governing Council

AND

THE CANADIAN UNION OF PUBLIC EMPLOYEES and its LOCAL 3907

BY:

National Representative

Chair


LETTER OF INTENT:  Additional Research and Development G.A.ships

The University will provide, in the 2008/09 academic year, an additional twenty thousand ($20,000) dollars to the Research and Development fund (as described in Article 14:19 of the collective agreement), the funds to be used specifically for the creation of two full Research and Development G.A. ships to be awarded to Visa Students in Group B.

********************

LETTER OF INTENT:  Calculation

The University agrees that for the purpose of calculating the funding level for any student in Group A, effective September 1, 2009 a maximum of ten thousand, one hundred forty ($10,140) dollars plus four (4%) percent vacation pay of Graduate Assistantship earnings may be included in the calculation of the package counted towards the funding commitment.  It is understood that earnings from summer G.A. ships are not included in the calculation.

********************

LETTER OF INTENT:  Communication

The Employer agrees that pay envelopes will not be used as a means of communicating information to employees concerning labour relations issues.

********************

LETTER OF INTENT:  Employment Equity

Two members of the CUPE, Local 3907 bargaining unit shall be elected or appointed by the Union to the OISE Equity Advisory Committee.  In the event the OISE Faculty Council creates an equity committee, it is agreed that the Dean will support the inclusion of at least two (2) CUPE, Local 3907 representatives on the Committee.

********************

LETTER OF INTENT:  Health and Safety Committee

The University is committed to the prevention of illness through the provision and maintenance of healthy and safe conditions on its premises. The University endeavors to provide a hazard free environment and minimize risks by adherence to all relevant legislation, and where appropriate, through development and implementation of additional internal standards, programmes and procedures.

The University requires that health and safety be a primary objective in every area of its operation and that all persons utilizing University premises comply with procedures, regulations and standards relating to health and safety.

The University shall acquaint its employees with such components of legislation, regulations, standards, practises and procedures as pertain to the elimination, control and management of hazards in their work and work environment. Employees shall work safely and comply with the requirements of legislation, internal regulations, standards and programmes and shall report hazards to their immediate supervisor or designate, in the interests of the health and safety of all members of the community.

The University recognizes the right of workers to be informed about hazards in the workplace, to be provided with appropriate training, to be consulted and have input, and the right to refuse unsafe work where there is an immediate danger to their health and safety or health and safety of others.

The University will continue to respect the functions and guidelines established for the Joint Health and Safety Committee for the duration of the Collective Agreement.  It is understood that should there be changes in the applicable legislation, the parties will meet to discuss the implications. All copies of minutes of joint H&S meetings will be forwarded to the union office via electronic mail.

It is further agreed that the Union may only submit a grievance should the University unilaterally amend or abrogate the terms of the Joint Health and Safety Agreement, and/or fail to provide adequate paid time off for worker members to carry out their Joint Health and Safety Committee duties as specified in this agreement.  Such grievances will be submitted in accordance with the provisions specified under Articles 11 and 12 of the Collective Agreement.

********************

LETTER OF INTENT:  Joint Committee to Review Assistantship Allocation Process

The parties agree to renew their commitment to and continue the work of the Joint Committee to review the Graduate Assistantship allocation process and procedures.

The Committee’s mandate shall be to improve and simplify the assistantship allocation process to better address the needs of the various stakeholders.

The Committee will also develop and deliver an annual joint ranking training.  The training will be provided from a minimum of one ranking representative per program.

The Joint Committee will include three (3) representatives of the University and three (3) representatives of the Union.  The committee shall also invite any of the University’s or the Union’s equity officers to speak to the committee with respect to employment equity issues.

********************

LETTER OF INTENT:  Course Extensions

Union officers who serve on the Union executive for at least three months or serve as members of the Union’s Bargaining Committee, may submit requests for course extensions to the University, where such requests are the result of union responsibilities which have made it impossible for the student to complete her/his course requirements.

********************


INDEX

Additional Research and Development G.A.ships, 21

APPOINTMENTS, 11

Research and Development Graduate Assistantships, 15

ARBITRATION, 9

Assistantship Allocation Process, 22

BENEFITS, 18

Bereavement Leave, 16

Calculation, 21

Communication, 21

Compassionate Leave, 18

Course Extensions, 22

DISCIPLINE AND DISCHARGE, 7

EMPLOYEE EVALUATION AND RECORDS, 18

Employment Equity, 21

GENERAL PURPOSE, 1

GRIEVANCE PROCEDURE, 8

HEALTH AND SAFETY, 19

Health and Safety Committee, 21

HOURS AND CONDITIONS OF WORK, 15

INDEX, 23

LABOUR/MANAGEMENT COMMITTEE, 6

LAYOFF AND RECALL, 16

LEAVES OF ABSENCE, 16

Bereavement Leave, 16

General, 16

Pregnancy Leave, 16

Sick Leave, 17

Union Conventions, 18

MANAGEMENT RIGHTS, 6

NO DISCRIMINATION, 1

Sexual and Gender Harassment, 3

Sexual Harassment Grievances, 3

NO STRIKES AND NO LOCKOUTS, 1

Parental Leave/Adoption Leave, 17

Pregnancy Leave, 16

RECOGNITION AND COVERAGE, 1

Research and Development Graduate Assistantships, 15

Sexual and Gender Harassment, 3

Sexual Harassment Grievances, 3

Sick Leave, 17

TERM OF AGREEMENT, 19

UNION AGREEMENT INFORMATION AND ISSUANCE, 6

Union Conventions, 18

UNION REPRESENTATION, 7

UNION SECURITY, 4

WAGES, 10

Work Accommodation, 18

Leave a Reply

Panorama Theme by Themocracy