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Part 3 - Staff Relations Matters

Article 25
Recognition

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25.01 The Employer recognizes the Association as the exclusive bargaining agent for all employees described in the certificate issued by the former Public Service Staff Relations Board on the twenty-fourth day of May, 1991, covering employees of the Employer in the University Teaching Group.

25.02 The Employer recognizes that it is a proper function and a right of the Association to bargain with a view to arriving at a collective agreement and the Employer and the Association agree to bargain in good faith, in accordance with the provisions of the Public Service Labour Relations Act.

Article 26
Joint Consultation

26.01 The parties acknowledge the mutual benefits to be derived from joint consultation and will consult on matters of mutual interest.

26.02 The subjects that may be determined as appropriate for joint consultation will be by mutual agreement of the parties. Consultation will be at the college or national level as determined by the parties.

26.03 Wherever possible, the Employer shall consult with representatives of the Association at the appropriate level about contemplated changes in conditions of employment or working conditions not governed by this Agreement.

26.04 Joint consultation committees shall be composed of mutually agreed numbers of UTs and Employer representatives who shall meet at mutually satisfactory times.

26.05 Joint consultation committee meetings shall ordinarily be held on the Employer's premises during working hours. Normally the meetings will be held at the request of either party. Representatives of the parties will normally exchange a written agenda for the meeting not less than five (5) calendar days before each meeting.

26.06 Joint consultation committees are prohibited from agreeing to items which would alter any provision of this Agreement.

Article 27
Use of Employer Facilities

Access by an Association Representative

27.01 An accredited representative of the Association, the Canadian Association of University Teachers or the Collective Bargaining Co-operative may be permitted access to the Employer's premises on stated Association business and to attend meetings called by management. Permission to enter the premises shall be obtained from the Employer. The Association shall provide the Employer with a list of such representatives and shall advise promptly of any change made to the list.

Bulletin Boards

27.02 Reasonable space on bulletin boards will be made available to the bargaining agent for the posting of official notices, in convenient locations as determined by the Employer and the Association. Notices or other material shall require prior approval of the Employer, except notices relating to business affairs of the Association, social and recreational events. Such approval shall not be unreasonably withheld. The Employer shall have the right to refuse the posting of any information, which it considers adverse to its interests or to the interests of any of its representatives.

Association Literature

27.03 The Employer will make available to the Association a specific location on its premises for the storage and placement of a reasonable quantity of Association files and literature.

Article 28
Check-Off

28.01 The Employer will as a condition of employment deduct an amount equal to the amount of the membership dues from the monthly pay of all UTs in the bargaining unit.

28.02 The Association shall inform the Employer in writing of the authorized monthly deduction to be checked off for each UT defined in clause 28.01.

28.03 For the purpose of applying clause 28.01, deductions from pay for each UT in respect of each month will start with the first (1^st) full month of employment to the extent that earnings are available.

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28.04 A UT who satisfies the Association as to the bona fides of his or her claim and declares in an affidavit that he or she is a member of a religious organization, whose doctrine prevents him or her as a matter of conscience from making financial contributions to an employee organization and that he or she will make contributions to a charitable organization registered pursuant to the Income Tax Act, equal to dues, shall not be subject to this article, provided that the affidavit submitted by the UT is countersigned by an official representative of the religious organization involved. The Association will inform the Employer accordingly.

28.05 No employee organization, as defined in Section 2 of the Public Service Labour Relations Act, other than the Association, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of UTs in the bargaining unit.

28.06 The amounts deducted in accordance with clause 28.01 shall be remitted to the Association by cheque within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each UT and the deductions made on his or her behalf.

28.07 The Employer agrees to continue the past practice of making deductions for other purposes on the basis of the production of appropriate documentation.

28.08 The Association agrees to indemnify and save the Employer harmless against any claim or liability arising out of the application of this article, except for any claim or liability arising out of an error committed by the Employer, in which case the liability shall be limited to the amount of the error.

28.09 When it is mutually acknowledged that an error has been committed, the Employer shall endeavour to correct such error within the two (2) pay periods following the acknowledgement of error.

28.10 Where a UT does not have sufficient earnings in respect of any month to permit deductions under this article the Employer shall not be obligated to make such deductions for that month from subsequent salary.

Article 29
Representatives

29.01 The Employer acknowledges the right of the Association to appoint representatives from among the members of the bargaining unit.

29.02 The Employer and the Association shall, by mutual agreement, determine the number of representatives entitled to time off or leave under this article or Article 33, Leave for Staff Relations Matters.

29.03 The Association shall inform the Employer promptly and in writing of the names, titles and functions of its representatives and of any subsequent changes.

Leave for Representatives

29.04 Operational requirements permitting, the Employer shall grant leave with pay to a UT to enable him or her to carry out his or her functions as a representative on the Employer's premises. When the discharge of these functions require a UT who is a representative to leave his or her normal place of work, upon return the UT shall report to his or her supervisor whenever practicable.

Article 30
Information

30.01 The Employer agrees to supply the Association biannually with a list of all UTs in the bargaining unit. The list referred to herein shall include each UT's name; faculty department; classification level and appointment date; employment status (full time or part time); and work address. The list shall be provided on or before February 15 and October 15 each year. The Employer agrees to provide any amendments to the above as soon as possible.

30.02 The Employer agrees to supply each UT with a copy of the Collective Agreement and any amendments thereto.

30.03 Upon the written request of a UT, the Employer shall make available at a mutually satisfactory time National Joint Council agreements which have a direct bearing on the requesting UT's terms and conditions of employment.

Article 31
Grievance Procedure

31.01 In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council of the public service on items which may be included in a collective agreement and which the parties to this Agreement have endorsed, the grievance procedure will be in accordance with Section 14 of the NJC By-Laws.

31.02 The parties recognize the value of informal discussion between UTs and their supervisors to the end that problems might be resolved without recourse to a formal grievance. When a UT, within the time limits prescribed in clause 31.09, gives written notice of intent to take advantage of this clause, it is agreed that the period between the initial notice and final written response shall not count as elapsed time for the purpose of grievance time limits.

31.03 A UT who wishes to present a grievance at any prescribed step in the grievance procedure shall transmit this grievance to the immediate supervisor or official designated under clause 31.07 who shall forthwith:

(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate step;

and

(b) provide the UT with a receipt stating the date on which the grievance was received.

31.04 A grievance of a UT shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer.

31.05 Subject to and as provided in Section 91 of the former Public Service Staff Relations Act, a UT who feels unjustly treated or aggrieved by an action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in clause 31.03, except:

(a) where there is another administrative procedure provided by or under any act of Parliament to deal with the specific complaint, such procedure must be followed;

and

(b) where the grievance relates to the interpretation or application of this Collective Agreement or an Arbitral Award, the UT is not entitled to present the grievance without the approval and representation of the Association.

31.06 There shall be no more than a maximum of four (4) steps in the grievance procedure. These steps shall be as follows:

(a) Step 1 - first level of management;

(b) Steps 2 and 3 where such intermediate step (s) are established;

(c) Final Step - deputy head or authorized representative.

31.07 The Employer shall designate a representative at each step in the grievance procedure and shall inform each UT to whom the procedure applies of the name or title of the person so designated together with the name or title and address of the immediate supervisor or other official to whom a grievance is to be presented.

This information shall be communicated to UTs by means of notices posted by the Employer in places where such notices are most likely to come to the attention of UTs to whom the grievance procedure applies, or otherwise as determined by agreement between the Employer and the Association.

31.08 If so desired, a UT may be assisted and/or represented by the Association when presenting a grievance at any step. The Association shall have the right to consult with the Employer with respect to a grievance at each or any step of the grievance procedure.

31.09 A UT may present a grievance at the first step of the procedure in the manner prescribed in clause 31.03, not later than the twenty-fifth (25^th) day after the date on which the UT is notified orally or in writing or first becomes aware of the action or circumstances giving rise to the grievance.

31.10 A UT may present a grievance at each succeeding step in the grievance procedure beyond the first (1^st) step either:

(a) where the decision or settlement is not satisfactory, within ten (10) days after that decision or settlement has been conveyed in writing by the Employer;

or

(b) where the Employer has not conveyed a decision within the time prescribed in clause 31.11, within fifteen (15) days after the presentation of the grievance at the previous step.

31.11 The Employer shall normally reply to a UT's grievance at any step of the grievance procedure, except the final step, within ten (10) days after the grievance is presented and within twenty (20) days if the grievance is presented at the final step.

31.12 Where a UT has been represented by the Association in the presentation of a grievance, the Employer will provide the appropriate representative of the Association with a copy of the Employer's decision at each step of the grievance procedure at the same time that the Employer's decision is conveyed to the UT.

31.13 Where a grievance has been presented up to and including the final step in the grievance process, and the grievance is not one that may be referred to adjudication, the decision on the grievance taken at the final step in the grievance process is final and binding and no further action may be taken under the Public Service Labour Relations Act.

31.14 In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated paid holidays shall be excluded.

31.15 Where the provisions of clause 31.03 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is delivered to the appropriate office. Similarly, the Employer shall be deemed to have delivered a reply at any step on the date on which the letter containing the reply is postmarked. The time limit within which the grievor may present the grievance at the next higher step shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.

31.16 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the UT and where appropriate the Association representative, except as provided in clause 31.18.

31.17 Where it appears that the nature of the grievance is such that a decision cannot be given below a particular step of authority, any or all the steps except the final step may be eliminated by agreement of the Employer and the UT and, where applicable, the Association.

31.18 Where the Employer demotes or terminates the employment of a UT for cause, pursuant to paragraphs 12(1)(c) or 12(1)(e) and (d) of the Financial Administration Act, the grievance procedure set forth in this Agreement shall apply except that:

(a) the grievance may be presented at the final step only;

and

(b) the twenty (20) day time limit within which the Employer is to reply at the final step may be extended to a maximum of forty (40) days by mutual agreement of the UT, the Employer and, where applicable, the appropriate representative of the Association.

31.19 A UT may by written notice to his or her immediate supervisor or designated official abandon a grievance.

31.20 A UT who fails to present a grievance to the next higher step within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond the UT's control, compliance within the prescribed time limits was not possible.

31.21 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause a UT to abandon a grievance or refrain from exercising the right to present a grievance as provided in this Collective Agreement.

31.22 Where a UT has presented a grievance up to and including the final step in the grievance procedure with respect to:

(a) the interpretation or application in respect of the UT of a provision of this Collective Agreement or related Arbitral Award;

or

(b) disciplinary action resulting in suspension or a financial penalty;

or

(c) demotion or termination of employment for cause pursuant to paragraphs 12(1)(c), 12(1)(d) or 12(1)(e) and 12(3) of the Financial Administration Act;

and the grievance has not been dealt with to the satisfaction of the UT; the grievance may be referred to adjudication in accordance with the provisions of the Public Service Labour Relations Act and Regulations.

31.23 Where a grievance that may be presented by a UT to adjudication is a grievance relating to the interpretation or application in respect of the UT of a provision of this Agreement or an Arbitral Award, the UT is not entitled to refer the grievance to adjudication unless the Association signifies in prescribed manner:

(a) its approval of the reference of the grievance to adjudication;

and

(b) its willingness to represent the UT in the adjudication proceedings.

**Article 32
National Joint Council Agreements

32.01 Agreements concluded by the National Joint Council (NJC) of the public service on items which may be included in a collective agreement, and which the parties to this Agreement have endorsed after December 6, 1978 and as amended from time to time, will form part of this Collective Agreement, subject to the Public Service Labour Relations Act (PSLRA) and any legislation by Parliament that has been or may be established pursuant to any act specified in Section 113(b) of the PSLRA.

32.02 The NJC items which may be included in a collective agreement are those which parties to the NJC agreements have designated as such or upon which the chairman of the Public Service Labour Relations Board has made a ruling pursuant to clause (c) of the NJC Memorandum of Understanding which became effective December 6, 1978 and as amended from time to time.

32.03 All directives, as amended from time to time by National Joint Council recommendation and which have been approved by the Treasury Board, form part of this Collective Agreement.

Grievances in regard to the NJC directives shall be filed in accordance with clause 31.01 of this Collective Agreement.

Article 33
Leave for Staff Relations Matters

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Complaints Made to the Public Service Labour Relations Board Pursuant to Section 190 (1) of the Public Service Labour Relations Act

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33.01 When operational requirements permit, in cases of complaints made to the Public Service Labour Relations Board pursuant to section 190(1) of the PSLRA alleging a breach of sections 157, 186(1)(a), 186(1)(b), 186(2)(a)(i), 186(2)(b), 187, 188(a) or 189(1) of the PSLRA, the Employer will grant leave with pay:

(a) to a UT who makes a complaint on his or her own behalf before the Public Service Labour Relations Board;

and

(b) to a UT who acts on behalf of a UT making a complaint, or who acts on behalf of the Association making a complaint.

Applications for Certification, Representations and Interventions With Respect to Applications for Certification

33.02 Where operational requirements permit, the Employer will grant leave without pay:

(a) to a UT who represents the Association in an application for certification or in an intervention;

and

(b) to a UT who makes personal representations with respect to a certification.

UT Called as a Witness

33.03 The Employer will grant leave with pay:

(a) to a UT called as a witness by the Public Service Labour Relations Board;

and

(b) where operational requirements permit, to a UT called as a witness by a UT or the Association.

Arbitration Board, Public Interest Commission Hearings and Alternative Dispute Resolution Process

33.04 Where operational requirements permit, the Employer will grant leave with pay to a UT representing the Association before an Arbitration Board, Public Interest Commission, or an Alternative Dispute Resolution Process.

UT Called as a Witness

33.05 The Employer will grant leave with pay to a UT called as a witness by an Arbitration Board or Public Interest Commission and, where operational requirements permit, leave with pay to a UT called as a witness by the Association.

Adjudication

33.06 Where operational requirements permit, the Employer will grant leave with pay to a UT who is:

(a) a party to an adjudication;

(b) the representative of a UT who is a party to an adjudication;

or

(c) a witness called by a UT who is party to an adjudication.

Meetings During the Grievance Process

UT Presenting Grievance

33.07 Where operational requirements permit, the Employer will grant to a UT:

(a) where the Employer originates a meeting with the UT who has presented the grievance, leave with pay when the meeting is held in the headquarters area of such UT and on duty status when the meeting is held outside the headquarters area of such UT;

and

(b) where a UT who has presented a grievance seeks to meet with the Employer, leave with pay to the UT when the meeting is held in the headquarters area of such UT and leave without pay when the meeting is held outside the headquarters area of such UT.

UT Who Acts as Representative

33.08 Where a UT wishes to represent at a meeting with the Employer a UT who has presented a grievance, the Employer will, where operational requirements permit, grant leave with pay to the representative when the meeting is held in the headquarters area of such UT and leave without pay when the meeting is held outside the headquarters area of such UT.

Grievance Investigations

33.09 Where a UT has asked or is obliged to be represented by the Association in relation to the presentation of a grievance, and a UT acting on behalf of the Association wishes to discuss the grievance with that UT, the UT and his or her representative will, where operational requirements permit, be given reasonable leave with pay for this purpose when the discussion takes place in the UT's headquarters area, and leave without pay when it takes place outside the UT's headquarters area.

Contract Negotiations Meetings

33.10 Where operational requirements permit, the Employer will grant leave without pay to a UT to attend contract negotiations meetings on behalf of the Association.

Preparatory Contract Negotiations Meetings

33.11 Where operational requirements permit, the Employer will grant leave without pay to a UT to attend preparatory contract negotiations meetings.

Meetings Between the Association and Management

33.12 Where operational requirements permit, the Employer will grant leave with pay to a UT to attend meetings with management on behalf of the Association.

Association Executive Meetings and Conventions

33.13 Where operational requirements permit, the Employer will grant leave without pay to a UT to attend executive meetings and conventions of the Association.

Representatives Training Courses

33.14 Where operational requirements permit, the Employer will grant leave without pay to UTs appointed as representatives by the Association, to undertake training sponsored by the Association related to the duties of a representative.

Article 34
Discipline

34.01 A UT may be disciplined only for just and reasonable cause.

34.02 Investigations of matters which may give rise to disciplinary action shall be initiated within thirty (30) days of the date on which the Employer knew or ought to have known of such matters, and shall be carried out expeditiously. Except for action taken under Article 35, any disciplinary action shall be imposed within thirty (30) days of the date the Employer completes its investigation of the matter-giving rise to the discipline.

34.03 When a UT is suspended from duty, the Employer shall notify the employee in writing of the reason for such suspension. The Employer shall make reasonable efforts to provide such notification at the time of suspension.

34.04 The Employer shall notify the Association that such suspension has occurred.

34.05 When a UT is required to attend a meeting, the purpose of which is to render a disciplinary decision concerning him or her, the UT is entitled to have, at his or her request, a representative of the Association at the meeting. When practicable, the UT shall receive a minimum of one (1) day's notice of such a meeting.

34.06 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the personnel file of a UT the content of which the UT was not aware at the time of filing or within a reasonable period thereafter.

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34.07 Any document or written statement related to disciplinary action, which may have been placed on the personnel file of a UT, shall in the case of a verbal or written reprimand be destroyed after two (2) years have elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded in this period. In all other cases documents shall be destroyed after four (4) years have elapsed since the disciplinary action was taken and no further disciplinary action, other than a verbal or written reprimand, has been recorded during this period. These periods will automatically be extended by the length of any period of leave without pay.

Article 35
Termination for Failure to Adequately Perform Academic Duties

35.01 Where the Principal is satisfied that there may be adequate cause to justify his or her recommendation that a UT be terminated on grounds that the UT has failed to adequately perform his or her academic duties, the Principal will inform the UT and the Association by registered mail that the College intends to hold an investigation by committee to determine if adequate cause exists for recommending termination to the appropriate authority. The letter will clearly state what apparent action or lack of action on the part of the UT the committee will investigate.

35.02 The committee will be established consisting of one (1) of the two (2) senior indeterminately employed faculty members of the College who are chosen annually by the teaching faculty of Faculty Board to be Chairpersons of such committees, a faculty member selected by the Principal and a faculty member selected by the affected faculty member. The chairperson of the committee will be that faculty member selected by Faculty Board.

35.03 The affected UT, and a representative of the Association if the UT should so choose, will appear before the committee.

35.04 The committee will prepare a report including a recommendation. If the committee determines that adequate cause for termination action exists, the report will include a recommended effective date.

35.05 The report shall be made to the Principal and copies will be made available immediately to the Commandant, the UT concerned and the Association. The Principal shall notify the UT concerned if any action is being taken by the College within fifteen (15) working days, except where circumstances warrant a further delay, in which case the UT shall be advised within fifteen (15) working days of the further delay, and the reasons for such delay. If no action is taken by the College, reference to any contemplated action shall be removed or deleted from CMC files.

Article 36
Misconduct in Research

36.01 The Parties agree that misconduct in research as defined herein may be the subject of discipline.

36.02 Misconduct in research is defined as:

(a) fabrication, falsification or plagiarism, but does not include those factors intrinsic to the process of academic research, such as honest error, conflicting data or differences in interpretation, or assessment of data or of experimental design;

(b) material failure to comply with relevant federal or provincial regulations for the protection of researchers or human subjects, for the health and safety of the public, or for the welfare of laboratory animals;

(c) material failure to meet other legal requirements that relate to the conduct of research;

(d) failure to reveal any material conflict of interest to the sponsors, or to those who commission work or when asked to undertake reviews of research grant applications or manuscripts for publication, or to test products for sale or distribution to the public;

or

(e) failure to reveal to the CMC any material financial interest in a company that contracts with the CMC to undertake research, particularly research involving the company's products, or to provide research related materials or services. Material financial interest means ownership, substantial stock holding, a directorship, significant honoraria or consulting fees, but does not include minor stock holding in publicly traded corporations.

36.03 Discipline for misconduct in research shall be imposed only following the formal investigation process set out in this article. Allegations of misconduct in research shall result in an investigation only if:

(a) such allegations are not anonymous and are referred to the Principal;

(b) the Principal determines that the allegations have sufficient substance to warrant investigation;

(c) the UT named in the allegations has been provided with notice and a summary thereof sufficiently detailed to permit him or her a fair opportunity to respond;

and

(d) the notice in paragraph (c) shall advise the UT concerned of his or her right to be represented by the Association.

Where allegations do not result in an investigation, all records relating to those allegations which are in the possession of the Employer shall be destroyed.

36.04 The formal investigation process commences when the individual named in the allegations has received the notice referred to in 36.03(d). A UT who is an authorized representative of the Association may be present at any meeting involving the individual named in the allegations during the course of the formal investigation. Any statements made by the individual named in the allegations during these meetings shall be strictly without prejudice.

36.05 The Principal or his or her nominee(s) shall investigate the allegations promptly, fairly and in a confidential manner, ensuring that the individual named in the allegations has adequate opportunity to know all evidence presented and to respond to that evidence.

36.06 The parties agree that grievances involving disciplinary action for misconduct in research shall, at the discretion of the grievor, proceed directly to the final stage of the grievance process.

36.07 If the Principal decides after formal investigation not to proceed against the individual named in an allegation or if the adjudication decides in favour of the individual, the Employer shall remove all relevant documentation from the UT's file and shall, at the sole discretion of the UT, destroy the documentation or transfer it to the UT except that it shall retain any adjudication report which shall be a public document. A decision by the Principal not to proceed shall be communicated in writing to the UT.

Article 37
Performance Review and Personnel Files

37.01 Upon written request of a UT, the personnel file of that UT shall be made available twice (2) per year for examination by the UT in the presence of an authorized representative of the Employer.

37.02 No anonymous material, except for statistical data, concerning any UT shall be kept by the Employer nor shall be submitted as evidence in any subsequent proceeding involving any UT.

37.03 A UT shall have the right to place in his or her personnel file a written reply to any document in his or her personnel file, which reply shall be attached to that document.

37.04 A UT shall have the right to obtain at no charge from the Employer a copy of any document in his or her personnel file.

37.05

(a) When a formal assessment of a UT's performance is made, the UT concerned must be given an opportunity to sign the assessment form in question upon its completion to indicate that its contents have been read. A copy of the assessment will be provided to him or her at that time. A UT's signature on his or her assessment form will be considered to be an indication only that its contents have been read and shall not indicate his or her concurrence with the statements contained in the form.

(b) The Employer's representative(s) who assess a UT's performance must have been aware of the UT's performance for at least one-half (1/2) of the period for which the UT's performance is evaluated.

37.06

(a) Before a performance review the UT concerned shall be given:

(b) If, during the performance review, either the form or instructions are changed, they shall be given to the UT concerned.

37.07 Evaluation of the work of UT's solicited in confidence from external references shall be retained by the Employer, but not placed in the personnel file. The texts of such letters, with letterhead and signature block removed, shall be placed in the personnel file of the UT and are not anonymous material for the purposes of this article.

**Article 38
Retirement and Resignation

38.01 Except in extenuating circumstances, UTs shall give at least four (4) months notice of retirement or resignation and shall select a retirement or resignation date falling:

(a) between the end of winter term supplemental examinations and the start of fall term,

or

(b) between the due date for fall term marks and the end of the week in which the last fall supplemental exam is held.

38.02 In the case of resignation to take up another full-time position, it is understood that receiving an offer of employment at a late date constitutes a valid extenuating circumstance for not giving the entire notice period. The UT is still expected to select a date of resignation falling within the times provided for in clause 38.01.

Article 39
Agreement Reopener

39.01 This Agreement may be amended by mutual consent of the parties.

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