COLLECTIVE AGREEMENT

BETWEEN ONTARIO COUNCIL OFREGENTS FOR COLLEGESOF APPLIED ARTS ANDTECHNOLOGY

AND: 0NTARt0 pUBL|C SERVTCEEMPLOYEES UNION(FOR SUPPORT STAFF EMPLOYEES)

EFFECTIVE FROM JULY 1, 1983I0: AUG 31, 1984

/A

ZA-0nhri-b Public SeMce Emplogees Union

1901 Yonge Stre-et, Toronto, Ontario M4S 225 fel:4g2.7423. Tol l_f ree te lephone numbers:Area 416:1-800.268-8850; Areas 519, 613, 205:1-800-268_7376

@ .

AGREEiIENT TADE THIS 23RD DAY OFJUNE, 1983 BETWEEN:

^^ TH_E ONTARTO CO_UNCIL OF REGENTS OFcoLLEGES oF AppuED Alis AN;;E'b.ni,or_ocf. ̂ .1:.t':q _t h rgu g h i ts Sraf f A f f ai rs io-rnrn irt""wtrn respect to and on behalf of tne Coiteges

.. of Applied Arts and fecnnoioo-v-'lnereinafter referred to as the ;,colr"g;,,"#,,Coileges,,)

andTHE ON.TARIO PUBLIC SERVICE EMPLOYEES UNION(hereinafter referred to as ine , U"ir":r

NOTEThjs. 1 983/84 Col tective Agreement differs f romprevious asreements in tiar ih"-iffi;i';eqilnce anonumbering system have been atte;;;.-ln'"""'consequence, some tiiles and suOtlttes nave beenadded.It is.understood and agreed that the tiiles anctsubtitles in this Aoreeilelt are for ease of referenceonty, and are not iitended to o" ,iirii"j in .lnrtrringthe intention of the partie. ". [tr""t"i in'ti!' text orthe Agreement.Thisr nrs restructured docurthe 1981/82 srrnnnrr "-::IjP-T,!?rises the content of

i*1 E1 !:tryl lta Il aoir e;iilJis,;E;;l "a"0H:^p::jr^1.rypp9,f teirM#;;;;;j""j'121,,".ment, signed June 23. lgas ano coveiing"inf"o"r,ooJuty 1 , 1983 to nugus i 31 , 1984.

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5.4.1 17.015.4.2 17.025.4.3 17.035.55.5.1 18.015.5.2 18.025.6 20.0266.1 5.01

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Ar,ticle Was PageAuthorizationApplicationRemittance of Dues

NoticesAccessibilityConstraints

Copy of AgreementWork SchedulesHours of Work

Of f ice/Admi nistrativeEmployees

Maintenance/BuildingEmployees

UnderstandingOvertime

Of f ice/AdministrativeEmployees

Maintenance/BuildingEmployees

No PyramidingPayment/Lieu TimeWorking on HolidaysOvertime Rights

Shift SchedulesSpl i t Shif tsShift RotationNotice of Shift Change

Call BackMeal AllowanceAveraging Hours Worked

Union DiscussionsRest PeriodsWagesWage RatesClassif ications

ProgressionPay PeriodShift PremiumGroup Leader premium

EenefitsInsurance

Life lnsuranceOntario Health Insurance

planShort Term DisabitityLong Term DisabitityExtended HealthDental

Survivor BenefitsLiability

Pamphlets/BooktetsKilometrage Allowance

General ConditionsSpecial Conditions

EducationReimbursement for TuitionMaintenance of SalaryHolidaysEntitlement

Holiday - Dec. 25 to Jan. 1RestrictionSubstitutionDay Off in LieuHoliday During VacationVacationEntitlement

Calculation of ContinuousService

7.37.47.57.6

88.18 .1 .1

8.1.28.1.38.1.48 .1 .58.1.6

8 .1 .78.1.88.28.38.3.18.3.2

I9.19.2

1 010 .110 .1 .110.210.310.410.5

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11.2

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19.01 b19.01 c19.01 d19.01 e19.01 g& App. l l19.01 h19.01 f19.0221.0'l

4.03 244.05 244.06 24Footnote 25

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6.01 a6.01 b6.026.03 a6.03 b6.04

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Leaves pPersonal Leave Without Pay 12.1 10.01Scheduling Leave 12.1.1 10.02 aPersonal Leave With Pay 12.1.2 10.02 bMaternity Leave 12.2 10.03Adoption Leave 12.3 10.06Bereavement Leave 12.4 8.01JuryMitness Duty 12.5 9.01Citizenship Leave 12.6 10.07

Vacation PayPro-RatingScheduling VacationCarry-over

Prepaid Leave PlanPurposeEl igibi l i ty

ApplicationApprovalDeferralWritten Agreement

Withdrawal RightsLeave Deferral

Death ClauseSerious l l lness

Income Tax

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11.3 7.0211.4 7.03 b11.5 7.0411.6 7.05

Heallh and Safetyerovision of Clothing

Safety DevicesFootwearEye Protection

Prior ArrangementsVideo Display Terminals

Pregnancy flransfer)Eye ExaminationsWork Breaks

Job SecurityProbationary PeriodAccumulat ing Senior i tyTransfer into UnionBi l ingual Pol icy

Layoff/Recall procedureFive (5)or more Employees

ApplicationWritten Notif icationSpecial Committee

Conf identialityReportingLoss of Pay

Confidentiatity ofRecommendations

Review ofRecommendations

Appl icat ionWaiver of Rights/Severance Pay

Sequence of LayoffsProbationary EmployeesPost Probationary

Vacant PositionNo Vacant positionOrder of Layoff

Article Was

1 313.113.1.1 20.06 b13.1. '1.1 20.06 b13.1.1.2 20.06 b13.2 20.06 c13.313.3.113.3.213.3.31 414.1 12.0114.2 10.1014.3 12.0414.4 20.09

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Terms and Conditions 12.7.3WagesInterest RateBenef its Structuring 127.3.3Premium Cost 12.7.3.4Leave (Benef it Structuri ng) 12.7.3.sPayout 12.7.3.6Assignment on Return 12.1.3.7Applicability of Benefits 12.7.3.8

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fnterestAccumulat ion 12.7.3.11On Leaving Employment 12.7.3.12

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Corplainls/Grievances 18Detinitions 18.1 15.01

Committee Secretary 18.1.1Day $.1.2Union '18.1.3Grievance 18.1.4

Classification Complaints 18.2 16.01Lodging a Comptaint 18.2.1Complaint to College

Displacement 15.9Second Displacement 15.9.1Third Displacement 15.9.2Final Displacement 15.9.3Rate Change 15.9.4

Vacancy and Call Back 15.10Seniority and Call Back 15.11Transition Period 15.12Fewer than five (5)

Employees 15.13Seniority Lost/RecallRights Expired 15.14

Contracting Out 15.15Notifying Union 15.15.1Meeting with Union 15.15.2Notification 15.15.3Seniority 15.15.4Waiver of Recall/Severance Pay

Employee EvaluationPerformance AppraisalDisciplinary NoticeAccess to Personnel FileRemoval of Notices from

File

Job PostingslPromotionsNotices

ConsiderationNotificationJob ReversalResultant Vacancies

Promotion/Reclassif icationTemporary Assignments

Higher Wage RatesLower Wage RatesExcluded Positions

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18.4 15.0518.4.118.4.218.4.2.'l'18.4.2.2

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OfficialArbitration

New ClassificationsWorking Conditions and

Terms of EmploymentComplaintsGrievancesStep 1Step 2Step 3

Grievance re Dismissal andSuspensionGeneralGrievanceArbitration

Arbitration ProcedureDisagreementArbitratorsPersons ExcludedMajority DecisionLimitationsCost SharingPowers

Union GrievanceCollege GrievanceMulti-College lssuesMultiple GrievancesGeneral Conditions

18.518.5.118.5.218.5.318.618.6.118.6.218.6.318.6.418.6.518.6.618.6.718.718.818.918.1018.11

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15.07 a15.07 b15.07 c15.07 d15.07 e15.07 f15.0815.0915.101 5 . 1 115.12

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Time 18.11 .1No Reply 18.11.2Extensions 18.11.3Union Reply 18.11.4Hol iday Exclusion 18.11.5Arbitration Board Power 18.11.6Role of Steward 18.11.7No Loss of Pay 18.11.8Righ ts 18 .11 .9

Duration 19 22.0jLetters of AgreementRed Circle RatesLess than 12 Month

PositionsHours of WorkPart-Time EmployeesDefinition of PositionClassification ReviewDependent & Spousal

InsuranceRestructuring of Agreement$1000 minimum increase forthose earning under $20,000Video Display Terminal &Employer/EmployeeRelations CommitteeLetter of IntentAppendicesJoint Insurance CommitteeInclusion ProceduresTerms of Reference

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Employee/Employer IRelations Committee IAveraging of Hours

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Wage Schedules

Appendix Appendixl t lIV

Vr(A)&(B)

T RECOGNITION

t.l Exclusive Bargaining Agentne unton rs recognized as the exclusive bargaining

agent for all Support Staff employees of the Col_eges. save and except fo-remen and supervisors,Jersons above the rank of foreman or supervtsotemployees performing duties that require the use ofconfidential information relating to bmployee rela_tions and the formulation of the Collegb budget orthe Campus pudge!, as the case may-be, person.regularly employed for not more than twenty_four (24)hours per week and persons employed temporaiitydur ing the Col lege vacat ion ier ioOs, s tuOentsemployed on a cooperative educational t iaining pro-gram with a school, college or university, graduatesof.the College employed for up to twetve'itZ) montnsrolowtng completion of their courses and asso_ciated with certif ication, registration or other l icenc-ing requirements, persons hired for a proiect of anon-recurring kind and persons empioyeO on acasual or temporary basis to replace bargiining unifemployees absent due to leaves of abse-r-rce.1.2 Binding on PartiesThis Agreement is binding on the parties hereto anothe employees as def ined in Ar t i i le 1.1.1.3 Excluded PersonsThe conditions applicable to persons employed by aCollege in positions designated as administrativestaff or otherwise excluded from the bargaining unitand who are found to be bargaining unit-employeesas a result of specific decisions of the bntarioLabour Relations Board or by agreement of theCoun-cil/College and the Union, shall be governed bythis Agreement as amended by Appendix B herero.1.4 No Strikes and No LockoutsThe Union agrees there shall be no strike and theCouncil of Regents agrees there shall be no locKout:

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"Strike" and "Lockout" being defined in the Cot-leges Collective Bargaining Act, 1975.

2. RELATIONSHIP

2.1 InterlerenceThe Colleges and the Union agree that there will beno int imidat ion, discr iminat ion, interference, restraint or coercion exercised or practised by either ofthem or their representatives or members becauseof an employee's membership or non-membership inthe Union or because of his/her activity or lack of ac-t iv i ty in the Union.2.2 Union ActivitiesThe Union agrees there will be no union activities onthe premises of the Colleges, except as specificallyreferred to in this Agreement or approved in writingby the College.2.3 Ontario Human RightsThe parties agree that in accordance with the pro-visions of the Ontario Human Rights Code thereshall be no discrimination against any employee bythe Union or the Colleges by reason of race, creed,colour, age, sex, marital status, nationality, ancestryor place of origin.2.4 MasculinelFeminineWhenever the masculine is used in this Agreement,it shall be also considered as if the feminine hasbeen used.

3. MANAGEMENT FUNCTIONS3.1 Union AcknowledgementsThe Union acknowledges that it is the exclusivefunction of the Colleges to:- maintain order, discipline and efficiency;- hire, discharge, transfer, classify, assign, appoint,

promote, demote, layoff, recall and suspend orotherwise discipline employees subject to the

.rght to lodge a grievance as provided for in thisAgreement;- generally to manage the College and without

restricting .the generality of thJ foregoing, theright to plan, direct and control o-perations,facilities, p_rogrammes, courses, systems ano pro_cedures, direct its personnel, det-ermine compte_ment, organization, methods and the numoer,tocation and classification of personnel requiredfrom time to time, the number and location ofcampuses and facilities, services to be perform-ed, the. scheduling of assignments and work, theextension, limitation, curtailment or cessation ofoperations and all other rights and respon-sibilities not specificatty modifieO elsewhere inthis Agreement.

4. UNION'MANAGEMENT TNTERESTS4.1 Seniority ListThe. College shall prepare and send a copy of theseniority list showing the employee,s seniority,classification and home campus quarterlv to theLocal Union president and Union ifeaO 6ftice. ngopy of the seniority list shall be posted at eachuampus of each College and a copy of such seniori_ty list shall be made available foi inspection by an9m0_loV.9e on request. In addition to ihe foregorng,the,Coltege shail prepare quarterty, a separiti ti"t inarpnabetical order showing probationary employeescovered by this Agreement and their date of hirsandI9*"rg a copy of the same to the Union Head Of-i lce. Uopies of such addit ional l ists shal l beavailable to the Local Union president on ,"qu"at.4.2 College Campus GommitteesThe Union.may appoint a Committee at each Collegecomposed of .up to three (3) members from amongemployees who have completed the probationariperiod. At least two (2) of the members'of tne Com-

10 1 1

mittee shall be appointed on a regular basis. Thethird member may be appointed on an ad hoc basiswhere his/her knowledge or experience is relevant todiscussion at meetings under this Article. Where aCollege has another Campus more than 32.186 kmaway from the College's main establishment, with atleast twenty (20) employees covered by this Agreement employed thereat, the Union may appoint aCampus Committee of up to two (2) members fromemployees on that Campus who have completedtheir probationary period.

4.2.1 MembershipThe President of the Local Union shall automa-tically head the College or Campus Committeewhere he/she is located and he/she shalldesignate the employee to head the Committeeat any other Campus locations referred toabove. lt shall be the responsibility of the Unionto supply the College with the names of themembers (and head of the College and/or Cam-pus Committee(s)).

4.2.2 FunctionsAn equal number of College or Campus offi-c ials wi l l meet with the Union, Col lege or Cam-pus Committee at a mutually agreed time andplace provided that either party request ameeting. Such a meeting shal l be held withinseven (7) days of receipt of a request unlessotherwise agreed upon. Notice of a request fora meeting shall be accompanied by an agendaof matters proposed to be discussed. lt isagreed that matters subject to local discussioninclude:- the local application of the Agreement in-

cluding work schedules;- c lar i f icat ion of orocedures or condit ions

causing misunderstanding or grievances in-cluding meeting faci l i t ies;

- other matters which are mutually agreedupon.

'12.3 Health & Safety MattersIt being understood that the College wil l con_tinue to make reasonable provision for the safe_ty, health and the environmental conditions ofair, l ight, space and temperature of employees,work areas in the College, a complaint of anemployee concerning safety, healtfr and tne en_vironmental conditions mentioned above shallbe discussed at a meeting under this Sectionand not under the provisions of the GrievanceProcedure.4.2.4 Excluded MattersIt is agreed that meetings under this Sectionshall not concern or entertain matters thar areproperly the subject of meetings as provided inArt ic le 19.

4.3 List of Part.Time EmployeesThe Colleges shall, on request by the Local Union(which request may be made noi more frequenflythan every four (4) months), supply to the LocalUnion .a l ist of persons regularly employed for notmore than twenty-four (24) hours per week, who havebeen c_ontinuously employed for four (4) months ormore. Such l is t shal l be suppl ied wi th in ten (10)daysof the request, and shall disclose tne namds bf tnepersons in question and the jobs performed.

4.4 List ol New EmployeesA list of all new employees wil l be given to the LocalUnion President every month and the l ist wil l includethe name, classification, department, and campus,where ordinarily assigned, of each new employee.4.5 Work oi Personal NatureEmployees shall not be required to do work of a per_sonal nature which is not connected with the ooera_tion of the College.

1 2 1 3

4.6 Sexual HarassmentThe Colleges and the Union are aware of the provisions of the Ontario Human Rights Code that provide that persons have the right to be free from asexual solicitation or advance in the workplacewhere the person making the solicitation or advanceknows or ought to know that it is unwelcome. Bothparties subscribe to this principle, and to that endacknowledge the following objectives:- a complaint of this nature shall be promptly in

vestigated and, where warranted, appropriate ac-tion taken;

- every effort shall be made and maintained by allparties to treat the complaint in a sensitive andconfidential fashion, consistent with providingreasonable information to the complainant andthe person against whom the complaint is madeas to the nature of the allegation, the progress ofthe complaint, and its resolution or disposition;

- the complaint shall be made to as impartial a per-son as possible, being the President or his/herdesignate, who is not the person against whomthe complaint is made.

4.7 EmployeelEmployer Relations CommitteeThe parties have agreed to the establishment of anEmployee/Employer Relations Committee, which iscurrently operating under terms of reference at-tached to this agreement as Appendix C. Thoseterms of reference may be altered by the parties,from time to time, by mutual agreement.

5. UNION MATTERS5.1 Leave of AbsenceLeave of absence with pay may be granted to em-ployees to attend conventions, schools and semi-nars conducted by the Union. Leave of absence withpay may be granted to employee representativeswho attend meetings with College representatives

ard necessary related time off for the purposes ofregptiating the renewal of the Collective Agreement.r addition, leave of absence with pay may begranted to an employee who is elected as a membercf the Executive Board of the Union. Such leaves ofabsence shall not be unreasonably withheld, recog-nizing the need of efficiency of operations of the Col-tege. The Union shall reimburse the College for allpay during any leaves of absence granted hereunderon a regular basis as bil led by the College.

5.2 Time OffIn addition to time off granted under Article 5.1 andArticle 18.11.1 the College recognizes that additionaltime during regular working hours may be necessaryfor the purpose of assisting employees and theLocal Union in the administration of the CollectiveAgreement and the business directly pertinentthereto. In such a case the Local Union may advisethe College of up to three (3) persons who may beappointed or designated hereunder, it being under-stood that any time off granted shall not hinder orin ter fere wi th the regular per formance of theemployee's duties and responsibil i t ies. Unless other-wise agreed, t ime off for local union businesshereunder shall not exceed:

- where the Support Staff complement at a Collegeis less than two hundred (200)employees, a maxi-mum of six (6) hours per week, or

- where the Support Staff complement at a Collegeis two hundred (200) employees or more, a maxi-mum of nine (9) hours per week, so long as no one(1) person appointed or designated hereunderuti l izes more than two-thirds of the hours speci-fied in both of the above as the case may be.

The Local Union shall reimburse the College for allpay for any leaves of absence granted hereunder ona regular basis as bil led by the College.

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5.3 Full.Time AssignmentUpon application in writ ing by the Union to the StaffAffairs Committee with notice to the affected Col-leges, a leave of absence shall be granted to two (2)employees from the Support Staff Bargaining Unit ofthe CAAT System elected to full-t ime oositions withthe Union. Such leave(s) of absence shall be for aperiod of one (1)term of office (two (2) years from thedate of election) unless extended for a specificperiod on agreement of the Parties. Such leave(s) ofabsence shall be without pay and benefits but theemployee shall, notwithstanding Article 14.2 ac-cumulate full seniority during such leave of absence.5.4 Union Deductions

5.4.1 AuthorizationThere shall be deducted from the regular pay ofevery employee in the bargain ing uni t anamount equal to the regular monthly dues asauthorized under the by-laws of the Union.5.4.2 ApplicationArticle 5.4.1 shall have no application to anemployee who is successful in satisfying therequirements of Section 54(Z') ot the CollegesCollective Bargaining Act, 1975 as to his/herreligious convictions or belief.5.4.3 Remittance of DuesAny amounts so deducted shall, subject to Arti-cle 5.4.2 be remitted to the Union Head Off ice.The cheque shall be accompanied by a l ist ofthe employees from whom the deductions havebeen made (a copy of which shall be sent to theLocal Union President) and forwarded not laterthan the 15th day of the month following themonth in which such deductions have beenmade. The list of employees referred to hereinshall be in alphabetical order by surname andshall include the employee's social insurancenumber.

5.5 Notices5.5.1 AccessibilityEach College shall supply adequate noticeboards in appropriate locations and accessibleto employees for the posting of Union noticeswhich have received the prior approval of theCollege. The College shall designate the toca-tion of such notice boards and their use shallbe restricted to Union notices pertaining to mat_ters relating to employees covered by thisAgreement unless otherwise agreed.5.5.2 ConstraintsThe Union wil l not distribute, post, cause or per_mit to be distributed or posted on the College'sproperty, for or on its behalf, any pamphlbts,advertising or polit ical matter, cards, notrces orother kinds of written material except with theprior permission of the College.

5.6 Copy of AgreementA copy of this agreement shall be provided to eacnnew employee following his/her date of hire. At thesame time, the employee shall be advised as to thename of his/her Steward or Local Union Officer asthe case may be.

6. WORK SCHEDULES

6.1 Hours of Work6.1.1 Office/Administrative EmployeesThe normal work week for office and adminis-trative employees such as:Library TechnicianClerk GeneralOperator Telephone SwitchboardTypist StenographerSecretaryOperator Key PunchOperator Reproduction EquipmentTechnic ian

1 6 1 7

- in excess of eight (8) hours per day; or- in excess of forty (40) hours in the week;

or- on an employee's sixth day of work in the

week concerned.Employees referred to in Articles 6.1.1 and 6.',|.2shall be entit led to payment at the overtime rateof double the employee's hour ly rate for a l lauthorized work performed on the employee'sseventh day of work in the week concerned.Employees engaged in continuous operationsor on special shifts excluded from Articles 6.1.1and 6.1.2 shall nevertheless be entit led to pay-men t a t t he ove r t ime ra te o f doub le t heemployee's hourly rate for all authorized workperformed on what amounts to any second dayof rest in their schedule provided they havecompleted thei r regular ly scheduled days ofwork and performed work on what amounts toany first day in their schedule. Employees whohave completed their regularly scheduled daysof work but have not performed work on whatamoun ts t o any f i r s t day o f r es t i n t he i rschedule, shall receive time and one-half theirhourly rate for authorized work performed onwhat amounts to any second day of rest in theirschedule.6.2.3 No PyramidingThere shall be no duplication or pyramiding ofovertime payment nor shall the same hoursworked be counted as part of the normal workweek and also as hours for which an overtimepremium is payable.6.2.4 PaymenUlieu TimeWhere an employee has worked and accumu-lated authorized overtime under Article 6 (ex-cept overtime hours performed on a holidaydefined in Article 10) such employee shall have

the option of electing payment at the applicableovertime rate or time off equivalent to the appli-cable overtime rate. Where the employee electstime off at the applicable overtime rate, suchtime off must be taken within sixty (60)calendardays of the occurrence of the overtime (unlessextended by agreement of the College and theemployee) at a time determined by the Collegeand satisfactory to the employee. Where timeoff in lieu is not taken on the foregoing basis,payment shall be made in accordance with theapplicable overtime rate.6.2.5 Working on HolidaysAuthorized work performed on a holiday or dur-ing the holiday period as defined in Article 10.1(or on the day designated as such under Article10.3) shall be paid at time and one-half for allhours worked. In addition, the employee shallbe entitled to holiday pay in accordance withArticle 10.1 and subject to Article 10.2.6.2.6 Overtime RightsThe parties to this Agreement recognize thatCollege operations may require the perfor-mance of overtime work and that employeeswill co-operate in the performance of suchwork. The College will attempt to advise em-ployees of required overtime as far in advanceas practicable and, in any event, will give noticeof scheduled overtime required prior to the con-clusion of the preceding work day except in cir-cumstances beyond its reasonable control. TheColleges agree to attempt to distribute avail-able overtime work as equitably as practicableamongst qual i f ied employees in the workgroups in which overtime work is required.Whether or not advance notice of required over-time has been given, the College shall take intocons idera t ion the leg i t imate reques ts o f

20 21

employees to be excused where the perfor-mance of overtime by such employees wouldcause undue hardship or serious inconve-nience. Employees who have been excused onthis basis shall be deemed to have worked suchovertime for the purposes of considering equit-able distribution. Where an employee claimsimproper distribution of overtime under theseprovisions and such claim is either agreed to ordetermined to be valid, the College's obligationshall be limited to offering such employee thenext opportunity to perform scheduled overtimework in his/her work group that he/she is quali-fied and willing to perform.

6.3 Shitt Schedules6.3.1 Split ShiftsThere shall be no split shifts during the term ofthis Agreement.

6.3.2 Shift RotationWhere employees are required to rotateamongst shifts, the College shall endeavour toschedule shifts so that there will be a minimumof fifteen (15) hours between the end of theemployee's regularly scheduled shift and thecommencement of his/her new shift. Wherethere is one (1) or two (2)days off between thechange of shift, the College shall endeavour toprovide for thirty-nine (39) hours and sixty-three(63) hours, respectively, between the end of theemployee's regularly scheduled shift and thecommencement of his/her new shift.6.3.3 Notice ol Shilt ChangeThe College will give as much advance noticeas is practical with respect to changes inscheduled shi f ts except in circumstancesbeyond its control. The College further agreesthat, where major changes in shift schedules

(including new shift schedules) are to be imple_mented, it will first discuss such chanoes withthe Union College. Committee "nO n-"", "nyrepresentations by it providing such representa_tions are made prompily.

6.4 Call BacklFr: an.employee has completed his/her regutarlyscheduled hours of work and is suOsequenity catteOback before the commencement of his/her ne'"t ,egr-larly.scheduled shift, he/she snaff receive'i"yr"ntfor all hours worked at the apptic"Or" 6u"Irtir" ,"t"with a minimum guarantee oi tour 1+; froro ou"rtirn"at time and one-hatf his/her regutii r"t" oip"V "r_cept to the extent that such peiioO of toui (+j noursoverlaps or extends into hii/her r."grt"r'iJurs otwork. lt is understood that this provislon nalno ap_plication in cases of change in anemptoyJ":, ,"gr-lar hours of work or scheiuted ou"rtirndii.ruoingovertime commencing . immediatety toiLwing tne.co_mptetion of an em"ptoy""s ,"g;"ill-nJure orwork.

6.5 Meal Allowancepherg^3n em.ployee is required to work more thanthree (3) continuous hours on completion oi nislne,regular shift and has not been given notice of suchovertime on the prior day or bef-ore, he/she shall beentitted to a meat voucher not to bxceeJSC.oo or,where cafeteria facilities are not available, i meatallowance of $4.00.6.6 Averaging Hours Worked

6.6.1 Union DiscussionsNotwithstanding Articles 6.1 to 6.5, where a Col_tege asserts that one (1) or more employeescJassified as Support Services Officer, piogram_mer or Programmer Analyst are enoaoed onspecial shifts, and seeks to apply the pio'ui"ion,set out in Appendix D; Averagihg oi Hours of

Work, it shall discuss the matter with the UnionCollege Committee and hear any representa-tions by it prior to implementation providedsuch representations are made promptly. Fol-lowing such d iscussion, implementat ion maybe affected. In all other cases, overtime pay-ment wil l be in accordance with Articles 6.1 to6.5.

6.7 Rest PeriodsRest periods and any refreshment facil i t ies requiredshall be as established from time to time by the Col-lege fo l lowing d iscussion wi th the Union Col legeCommittee.

7. WAGES

7.1 Wage RatesThe wage ranges of rates shall be set out in Ap-pendix E hereto on the effective dates as thereinprovided.7.2 ClassificationsClassifications shall be as l isted in the Appendix Eto this Agreement and the various grades or levelswithin a family of jobs (for example, Clerk 1 to 4,General) shall each be a separate classification.7.3 ProgressionEmployees shall progress in accordance with the in-crements set out in the Appendix E based on theiractual service in the job classification.

7.4 Pay PeriodThe Colleges shall pay employees every two (2)weeks. The College shall endeavour to include pay-ment for overtime worked in the first pay period fol-lowing the pay period in which the overtime wasworked.

7.5 Shift PremiumThe Colleges agree to pay a shift premium of twenty-five (25) cents per hour for all hours worked between

S,p.m. and midnight and forty (40) cents per hour foraI hours worked between midnight and 6 a.m. Wheremore than fifty (50) percent of the hours worked onany regular shi f t fal l wi thin a period attract ino a shi f tpremium, the appropriate premium shall be iaid forar nours worked. For greater certainty, wheie morethan. fifty (50) percent of the hours w6rked on anyregular shift fall within a perlod attracting the higherpremium, the higher premium shall be

-paid foi allnours worked.

7.6 Group Leader premium

) lhe,re the College assigns an employee to Grouplgaqer responsibilities, such emptoyee shail Oe en_titled to a premium in.the amount oiii"iy.sig61166ycents per hour over his/her then current ctaisitica_tion rate for all hours worked during sucn-isslgn_ment.It is understood and agreed that Group Leaderassignments shall not be applicable to emiovees inthe classifications listed nelbw where tn"'io6'out,"sand rate currenily reflect Group Leader respon_sibi l i t ies:Senior Health Nurse;Nursery School Leader.The premium shall be payable for all hours workedbut shail not form part 5f the emptoyeJs siraignttime hourly rate for the purposes of bvertime or otherpremium pay.Where- a Library Technician 2 is required, as a regularpart of his/her duties and responsibilitieJto pertormmost, but not necessarily all of the followinE:- independenily oversee the operation oi "-iior"ry,physicaily removed from thb main libriry of aCollege;- where there is no ready access to professional

staff;- is required to assume sole responsibility for tneformutation of the operating oubgeiof lnL iior"rv,

24 25

surance, Ontario Health Insurance plan, Ertended Health and Dental Plan, regardless dwhether or not such person is considered to ban employee during such two (2) year period.provided that such person was participating i lthe benefit in question on such date of corrrmencement of receipt of long term disabil itypayment. The Colleges also agree to pay for aperiod of two (2)years commencing the date ofratif ication (subject to enrolment requ i rementsi f any ) one hund red (100 ) pe rcen t o f t hep rem iums payab le f o r i nsu red bene f i t s onbehalf of persons receiving, on the date ofratif ication, long term disabil ity payments, provided that such persons were subscribing tosuch benef i ts on the date that lono termdisabil ity payment commenced.

long term disabil ity payments one hundredpercent of the premiums payable for life

luct ion of such p lan and appl icable condi t ions,rcluded in the Memorandum of Settlementdated September 20, 1979, and ratif ied October10. 1979, are set forth below.- The Col leges wi l l prov ide for a l l e l ig ib le

Support Staff employees a dental planproviding features comparable to theBlue Cross No. 7 Dental Plan with RiderNo. 1 based on the 1981 Ontario DentalAssociation fee schedule.

- Colleges to pay one hundred (100) per-cent of the bil led oremiums for cover-age of eligible employees under thePlan.

- Coverages for diagnostic, preventiveand res to ra t i ve se rv i ces l i s t ed i nSchedule A attached with forty (40) per-cent co- insurance paid by the em-ployee.

- Cove rage fo r endodon t i c , pe r i odon ta l .surgical and adjunctive services l isted inSchedule B attached with forty (40) percenlco-insurance paid by the employee.

- Coverage to include employee, spouse anddependent children to age twenty-one (21).

- Benefits l imited to a maximum of $1,000 perannum for beneficiary with no deductible.

- Plan to apply to all full{ ime employees onthe active payroll who have completed theirprobationary period subject to the eligibil i tyreouirements and terms and conditions ofthe Plan. Employees may opt out if, in theirjudgment, they have full coverage through aspouse's Plan.

8.1.5 Extended HealthThe Colleges agree during the term of thisAgreement, to contribute ninety (90) percent ofthe present premiums towards the currentExtended Health Benefit Plan subject to thepayment of the balance of the premium byemployees through payroll deduction and sub-ject to the eligibility requirements providedunder such Plan.8.1.6 DentalThe Colleges agree during the term of thisAgreement to provide a Dental Plan providingfeatures comparable to Blue Cross No. 7, pluiRider No. 1 and the 1981 Ontario Dental Asso-ciation schedule with forty (40) percent co-insurance paid by the employee, in which theColleges will pay one hundred (100) percent ofthe billed premiums for coverage of eligible full-time employees on the active payroll. The intro-

SCHEDULE ACOVERED DENTAL SERVICES

1981 ONTARIO DENTAL ASSOCIATION GUIDE

Procedure Cod-(inclusive)

01110 - 01 ,m

02100 - 02't402201 - 026m02701 - 028fo02920 - 0293004100 - 0450004601 - 0460205100 - 05200

11100 - 1130012400'13100 - 1351015100 - 1511015120 - 15400

Restorative ServiceAmalgam Restorations 21101 - 21225Retentive Pins 21301 - 21305Silicate Restorations 22101 - 22102Acrylic or Composite Restorations 23101 - 23223Crowns 27130

Other Restorative Services

27401 - 274132750029800

SCHEDULE BCOVERED DENTAL SERVICES

I981 ONTARIO DENTAL ASSOCIATION GUIDE

Endodontic ServicesDiagnostic Services

Clinical Oral Examination

Complete Oral ExaminationRadiographsInt ra Oral F i lmsExtra Oral FilmsCephalometr ic F i lms

Tests and Laboratory Examinations

Case Presentation

Preventive Seruices

Dental ProphylaxisFluoride TreatmentOther Preventive ServicesSoace Maintainers

Periodontal Services

Non-surgical Services 41100 - 41300Surgical Services 42001 - 42500Adjunctive Periodontal Services 43200 - 43600

t '- r Capping;'- gotomy=.:ot Canal Therapy.l:exif ication:errapical Services:rct Amputationlrher Endodontic Procedures-temisection3teachingrntentional Removal, APicalFr l l ing and Reimplantat ionEmergency Procedures

Surgical Seruices

Removal of Eruoted ToothUncomplicatedSurgical RemovalsRemoval of Residual RootsAlveoloplastyGi ng ivoplasty and/or StomatoplastyOsteoplastySurgical ExcisionSurgical Inc is ionFracturesFrenectomyMiscellaneous

Procedure Codes(inclusive)

31100 - 3 '111032201 - 3221133100 - 3342033501 - 3351434101 - 3421234401 - 3440239100 - 3912039210 - 3930039400

39501 - 3960039901 - 39985

71101 - 7111172100 - 7224072310 - 7245073100 - 7311073119 - 7312073133 - 7314174103 - 7440975100 - 7511076198 - 7695177800 - 7811079104 - 79604

Adjunctive General Seruices

Unclassif ied Treatment

General AnaesthesiaProfessional ConsultationProfessional Visits

Drugs

9 1 1 1 092110 - 9212092201 - 923409310094100, 94200,

and 9440096100 - 96101

8.1.7 Survivor BenelitsThe Colleges agree to continue for the depen-dent survivor of a deceased employee coverageof extended health and dental plan for three (3)months at no cost to the survivor and on a vol-untary basis for an additional nine (9) months atone hundred (100) percent survivor paid pre-miums, provided the deceased employee wassubscribing to such benefits immediately priorto his/her death.8.1.8 Liabil ityEffective during the term of the Agreement,each College shall provide for l iabil i ty coverageof employee's l iab i l i ty whi le per forming dut iesor tasks required and authorized by the Collegeor customar i ly per formed as par t of theemployee's duties.

8.2 Pamphlets/BookletsThe Colleges shall make available to employees, ona reasonable basis, explanatory pamphlets and/orbooklets, in such form as the College may deter-mine, re lat ing to the fo l lowing:L i fe Insurance ( inc luding Supplemental L i fe) ;Ontario Health Insurance Plan;Short Term Disabil ity;Long Term Disabil ity;Extended Health Benefits;Dental Plan;

Pension Plan;L iabi l i ty lnsurance.8.3 Kilometrage AllowanceAn employee authorized to use his/her car on ap-proved Col lege business inc luding t ravel l ing toassigned duties away from his/her accustomed worklocation shall be paid kilometric allowance in accor-dance wi th the fo l lowing;

8.3.1 General Conditions- for the first four thousand (4,000) kilometres

driven at the rate of 25.5 cents per km for thepart thereof in Northern Ontario and 25 centsper km for the part in Southern Ontario;

- for distances driven over four thousand(4,000) kilometres and up to ten thousanoseven hundred (10,700) kilometres at the rateof 20.5 cents per km for the part thereof inNorthern Ontario and 20 cents per km for thepart thereof in Southern Ontario;

- for distances driven over ten thousand sevenhundred (10,700) kilometres and up to twenty-four thousand (24,000) kilometres at the rateof 18.5 cents per km for the part thereof inNorthern Ontario and at the rate of 18 centsper km for the part thereof in Southern On-tario,

- for distances driven over twenty-four thou-sand (24,000) kilometres at the rate of 16cents per km for the part thereof in NorthernOntario and at the rate of 15.5 cents per kmfor the part thereof in Southern Ontario.

8.3.2 Special ConditionsThe boundary between Northern and SoutnernOntario shall be:Healy Lake (Municipal) Road from Healy Lakeeasterly to its junction with Highway 612; toHighway 103; Highway 103 easterly to its junc-tion with Highway 69; Highway 69 easterly to its

32 \'J

-junct ion wi th Highway 118;Highway 118 through Bracebridge to its junc-t ion wi th Highway 1 '1;Highway 11 nor ther ly to i ts junct ion wi th High-way 60 at Huntsvil le;Highway 60 easterly to its junction with High-way 62 at Kil laloe Station;Highway 62 to Pembroke;the above named highways to be included inSouthern Ontario;for the purpose of this Article all ki lometres out-side of Ontario wil l be at the rates for SouthernOntario. Should the kilometric rates payable toBargaining Unit employees covered under theCollective Agreement between ManagementBoard of Cabinet and OPSEU relating to On-tario Public Servants be amended in any wayduring the term of this Agreement, such amend-menls shall apply to Article 8.3.1 above, if ap-plicable, on the same effective date.

9. EDUCATION

9.1 Reimbursement for TuitionEmployees who successfully complete educationalcourses with the prior approval of the College, eitherat the College or another educational setting, wil l bereimbursed by the College for all or part of the tuit ionfees paid by the employee.

9.2 Maintenance of SalaryAn employee absent from work during regular work-ing hours for the purposes of attending coursesdirectly related to his/her work and in which the Col-lege has directed or approved his/her participationshall not suffer any loss of pay with respect tohis/her regular straight t ime hourly earnings duringthe period of any such absences.

10. HOLIDAYS'10.1 Entit lementAn employee who has completed thirty (30) calendardays of cont inuous serv ice wi l l receive h is /herregular rate of pay for his/her normal scheduledhours (up to a maximum of eight (8)) for the holidaysset out following. lt is understood, however, thatemployees who, as of the date of observance of anyof the holidays have not yet completed thirty (30)cai-endar days of continuous service but subsequentlysuccessfully complete thirty (30) calendar days ofcontinuous service shall nevertheless be enti i led tohol iday pay in accordance wi th the provis ionsherein: Good Friday, Victoria Day, Dominion Day,Civic Holiday, Labour Day, Thanksgiving Day.

10.1.1 Holiday December 25 - January 1In addition, eligible employees shall be grantedthe holiday period December 25 to January 1 in-clusive without loss of straight t ime hourlyearnings for regular hours scheduled duringsuch period.

10.2 RestrictionIn order to qualify for payment of the holiday con-cerned, the employee must work the full scheduledhours of work on the work day immediately beforethe holiday and the full scheduled hours of worx onthe work day immediately following the holidays orholiday period unless absent for all or part of suchdays for reasons satisfactory to the College.10.3 SubstitutionWhen a holiday or holidays as defined in Article 10.1falls on a Saturday or Sunday the College shalldesignate the preceding Friday and/or Monday fol-lowing as a substitute day off with pay except withrespect to employees on other than a regular Mon-day to Friday schedule.

34

11.4 Pro-RatingAn employee whose employment is terminatedsubsequent to June 30th, in any year, shall receive alesser vacation pay pro-rated in accordance with theschedule of vacations set out in this Article.11.5 Scheduling VacationVacations shall be as scheduled by the College andwhen taken during June to August an employeeshall be entit led to at least two (2) consecutiveweeks of vacation unless otherwise agreed. Em-ployees shall indicate their preference, if any, as tovacation dates no later than l/arch 1st in each vaca-tion year. The College may, however, schedule vaca-tions at any time and wil l consider requests byemployees for vacations at other than the normallyscheduled periods consistent with College staffingrequirements and such employee requests wil l notbe unreasonably denied. Where an employee re-quests a specific vacation period, the College shallconfirm or deny, in writ ing, such request within two(2) weeks of receipt of the same. Where, in schedu-ling vacations in accordance with the foregoing,conf l ic ts ar ise amongst employees as to thei rchoice of vacation times, consideration shall begiven to the respective length of service of suchemployees, their vacation preferences in prior yearsand staffing requirements in the final determinationof vacation schedule providing they have indicated avacation preference prior to March 1st in the currentvacation year.11.6 Carry-overRecognizing the needs of the College and thedesires of employees, an employee may carry overup to one (1) week of vacation to the immediatelysubsequent vacation year consistent with efficientstaffing requirements and subject to agreement onscheduling of the carry-over week in the followingyear at a time satisfactory to the College.

12. LEAVES

12.1 Personal Leave Without payLeave of absence without pay miy be granted by theCollege for legitimate personal reasons.

12.1.1 Scheduling LeaveRecognLing the over-riding responsibil i ty tothe students, leave of absence wil l be sched_uled where possib le to ensure a min imum ofdisruption to the educational programmes andservices of the College. Reasonable noticeshall be given to the Supervisor concerneo.12.1.2 Personal Leave with payLeave of absence for personal reasons,re l i g i ous l eave and spec ia l l eave i n ex_tenuat ing personal c i rcumstances may begranted at the d iscret ion of the Col legewithout loss of pay and such requests shellnot be unreasonably denied.

12.2 Maternity LeaveLeave of absence for pregnancy shall be granted inaccordance with the Employment Standards Act(Ontario).On request, in writ ing, leave of absence without paybeyond that provided under the Employment Sian_dards Act (Ontario) may be granted to an employeeon maternity leave up to a maximum leave (includinoleave available under the legislation; of six (6")months. The College, in considering any request foran extension in maternity leave in excess of that pro-v ided under the legis lat ion, shal l g ive considerat ionto any medical or other relevant reasons.Senior i ty shal l cont inue to accumulate for the dura-tion of the maternity leave. At the employee,s option,she may, by arrangement with the College, elect topay one hundred (100) percent of the premiums pay-able for the package of benefits in effect for theemployee prior to the leave.

38 39

12.3 Adoption LeaveOn request, in writ ing, leave of absence without paymay be granted to an employee at the time of theemployee's legal adoption of a child. Such leave ofabsence shall not exceed six (6) weeks unless ex-tended in writ ing by the College. The College, in con-sidering a request for any leave of absence in excessof six (6) weeks herein shall give due considerationto any relevant conditions required by the localadoption agency.

12.4 Bereavement LeaveOn the death of an employee's parent, spouse (orcommon law spouse), child, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law,son-in-law, daughter-in-law, grandparent, grandchildor guardian, an employee shall be granted leave ofabsence of one (1) or more days without loss of payin order to attend at or make arrangements for thefuneral, the duration of the leave to be at the discre-tion of the College.

12.5 JuryMitness DutyAn employee who is called for jury duty or who issubpoenaed as a Crown witness or witness inanother proceeding which requires his/her atten-dance as a matter of civic or public duty wil l receivefor each day of absence from work therefor, the ditference between pay lost (computed at the em-ployee's hourly rate for the number of normal hoursthe employee would otherwise have worked ex-clusive of overtime and other forms of premium pay)and the amount of jury fee or witness fee received,provided the employee furnishes the College with aCertif icate of Service signed by the Clerk of theCourt, showing the amount of fee received.

12.6 Citizenship LeaveAn employee shall be granted leave of absencewithout loss of regular earnings for any necessary

I11^ "!."Tduring regutar working hours for the pur.pose ot attendances to acquire his/her CanadianCitizenship papers. Such teave(sl oiabseiJe snaffnot, in total, exceed the equivaient ot two ti isnins110 tn.9 Co.ilege may require evidence oi inv'n""""_sary attendances during the regular wort<in[ nours.

12.7 Prepaid Leave plan12.7.1 PurposeThe prepaid leave plan has been developed toafford employees in the bargaining-rrit tn"opportunity of taking a leave of absence of be-tween six (6) months and one (1) year and tofinance the leave through Oeferiai 6f waoes inan appropriate amount which wil l be ac6umu_lated and together with interest, be paid out atthe commencement of the leave.12.7.2 EtigibitilyAny employee in the bargaining unit havrngthree (3) years seniority with thebollege is eli-gible to participate in the plan in accirdancewith the conditions set out in this Article.

12.7.2.1 ApplicationAn employee who qualif ies as abovemust make written application to thePresident of the College at least three(3) months in advance of the proposedcommencement date of participation inthe Plan, requesting permission to par-ticipate in the plan setting out the defer-ral programme as requested.

12.7.2.2 ApprovalApproval of individual requests to oarti_cipate in the plan, the duration oi theleave, the deferral period, and thepercentage of wages deferred shall restsolely with the Golleoe.

40 41

12.7.2.3 DeferralThe deferral period over which wagesare deferred shall be to a maximum offive (5)years.

12.7.2.4 Written AgreementThe College and the employee shallenter into a written agreement settingout the terms of the Plan agreed to incompl iance wi th the condi t ions herein.

12.7.3 Terms and ConditionsThe payment of wages and benefits, and otherterms and condi t ions, shal l be as fo l lows:

12.7.3.1WagesDuring the deferral period, precedingthe leave, the employee wil l be paid areduced percentage, in accordancewith the written agreement between theCollege and the employee, of his/herwages as set out in Appendix E. The re-maining percentage of his/her wageswill be deferred and this accumulatedamount plus any interest earned shalbe retained for the participant by theCollege to finance the period of leave.

12.7.3.2 Interest RateThe calculation of interest under termsof th is Plan shal l be monthly (not in ad-vance). The interest paid shall be calcu-lated by averaging the interest rates ineffect on the last day of each month fora true savings account, a one (1) yearterm deposit, a three (3) year term de-posit, and a five (5) year term deposit.The rates for each of the accountsidentif ied wil l be those set out in writ ingby the bank branch with which the Col-lege deals.

Interest, calculated as above, shall beapplied on a monthly basis, the firstcredit to be the month following the in-it ial deposit. A yearly statement of theamount standing to the participant,scredit wil l be sent to the participant bythe College.

1 2.7.3.3 Benef its StructuringDuring the deferral perio-d, any benefitsrelated to the rate of wages shall bestructured according to the wages theparticipant would have received durinothe deferral period had he/she not beeiin the Plan.

12.7.3.4 Premium CostA par t ic ipant 's coverage for l i fe in-surance, OHIP, LTD, Extended Health.and Dental Plan coverage, in effect im-mediately prior to the leave, wil l bemaintained by the College during his/herleave of absence, if eligibil i ty condi-t ions permi t ; however, the premiumcosts of a l l such p lans shal l be paid bythe participant during leave.

12.7.3.5 Leave (Benefit Structuring)During the leave, any benefits related tothe rate of wages shall be structured ac-cording to the rate of wages the partici-pant would have received immediatelvprior to the leave had heishe not been inthe p lan.

12.7.3.6 PayoutAt the commencement of the period ofleave, the College shall pay to the parti_cipant the moneys standing to his/hercredit less any premiums or contribu_tions deducted for the year, except as

.."-ni.tF

42

r*ilil#pl43

may otherwise be mutually agreed, itbeing understood that interest is notearned for the period of leave.

12.7.3.7 Assignment on RetumOn return from leave, a participant wil l,subject to the application of the layoffand displacement provisions of thisAgreement during the period of leave,be assigned to the position he/she heldprior to the leave. lf the layoff anddisplacement provision of the Agree-ment have application during the leave,they shall apply to the employee in thesame manner during the leave, exceptthat notice to the employee may begiven to an Officer of the Local Unionand any election the employee maymake under such provisions may bemade on his/her behalf by an Officer ofthe Local Union.

12.7.3.8 Applicability of BenefitsShort term and long term disabil itybenefits shall not be available duringthe leave, nor shall vacation be takenduring the leave, nor shall vacationcredits accumulate during the leave.However, seniority shall accumulate forthe entire period of leave, and servicefor the purpose of otherwise determin-ing the level of vacation entit lementshall include the period of leave. Not-wi thstanding Ar t ic le 11.6 a par t ic ipantmay, in the year or years Prior to theleave, defer sufficient vacation credit sothat, in the vacation year of his/herreturn to work, he/she wil l have up tohis/her normal vacation entit lement.

12.7.3.9 Withdrawat RightsA participant may withdraw from thePlan any time up to three (3) monthsprior to commencement of the leave.Anyone withdrawing from the plan shallbe paid a lump sum adjustment equalto moneys deferred plus interest ac_crued to the date of withdrawal from thePlan. Payment shall be made as soonas possible but must be made withinthirty (30) days of withdrawal from thePlan.

1 2.7.3.10 Leave Def erralThe College may, up to three (3) monthsprior to commencement of the leave.defer the period of the leave. In this in-stance, a participant may choose to re-main in the Plan, or receive payment asin Article 12.7.3.9 above.

12.7.3.1 1 Interest AccumutationShould Article i2.7.3.10 result in a leaveof absence being taken later than theintended period, any moneys accumu_lated until the intended commencementdate will continue to accumulate in_terest until the leave is granted.

12.7.3.12 On Leaving EmploymentAny participant who resigns, is laid offor otherwise terminated prior to com_mencement of the leave shall cease tobe a participant in the plan, and shallreceive payment as in Article 12.7.3.9above.

12.7.3.13 Death CtauseShould a participant die while enrolledin the Plan, any moneys accumulated,plus interest accrued at the date oideath, will be paid to his/her estate.

44

-,ffi

12.7.3.14 Serious lllnessShould a participant be unable to takethe leave when scheduled because ofse r i ous i n j u r y o r i l l ness occu r r i ngbefore commencement of the leave,he/she may cancel the leave and receivepayment as in Article 12.7.3.9 or, withthe consent of the College, defer theleave to a time mutually agreeable.

12.7.4 Income TaxThe amount of income tax to be deducted isdependent upon the opinion from RevenueCanada that the income deferral scheme con-templated hereby is not unlawful and is accep-table to Revenue Canada and that the amountof income tax to be deducted wil l be computedon the reduced wages paid to the employee.

13. HEALTH AND SAFETY

13.1 Provision of ClothingThe current practices relating to the supply andmaintenance of clothing or uniforms for employeesshall continue during the term of this Agreementsubject to any changes which shall be the subiect ofprior discussion between the College and the UnionCollege Committee.

13.1.1 Salety DevicesThe College wil l pay to employees an annualallowance to assist in defraying the cost of cer-tain types of protective devices, as follows:

13.1.1.1 Footwearwhere an employee is required by theCollege or by legislation, in order to per-form his/her duties, to acquire and wearprotective footwear, the College shallpay to such employee, on the first payday in April in each year, an allowance

of $30.00; in situations other than theforegoing the College may, in its discre-t ion (which d iscret ion shal l not beun reasonab l y exe rc i sed ) pay suchallowance where it is recommended bvthe health and safety committee con_stituted under the Occupational Healthand Safety Act;

13.1.1.2 Eye protectionwhere an employee is required by theCollege or by legislation, in order to oer_form his/her duties, to acquire and wearprescription eye protection, the Collegeshall pay to such employee, on the f irstpay day of April in each year, an allow_ance of $10.00; in s i tuat ions other thanthe foregoing the College, may in itsdiscretion (which discretion sha[l not beun reasonab l y exe rc i sed ) pay suchallowance where it is recommended bvthe health and safety committee con_stituted under the Occupational Healthand Safety Act.

13.2 Prior ArrangementsWhere, as a result of local practice, employees at anindividual College have in the opinion of the LocalUnion, received benefits superior to those providedin Ar t ic le '13.1. '1 , such pract ice shal l , for the durat ionof this Agreement, continue in l ieu of the provisionsof Ar t ic le 13.1.1 at the e lect ion of the Local Union.The Local Union shall give notice of such electron tothe College, within six-ty (60) days of ratit icaiion. tndefault of such notice, the provisions of Article13.1. ' l shal l appty.13.3 Video Display TerminalsThe Parties agree to the following terms respectingthe use of video display terminals (V D.i.,s) Oiemployees:

46

iqil#47

13.3.1 Pregnancy ftransfer)an employee who is ass igned to operate aV.D.T. as part of her duties, who believes thatshe may be pregnant , shal l , a t her request ,be assigned dut ies that do not inc lude theoperation of a V.D.T. for up to fifteen (',|5)days or unti l the status of her pregnancy isconfirmed, whichever is sooner; her hourlyrate of pay shall be maintained for suchoeriod:an employee who is assigned to operate aV.D.T. as part of her duties and who is preg-nant (as certif ied by a medical practit ioner)shall, at her request be assigned duties thatdo not include the operation of a V.D.T. forthe duration of her pregnancy; the Collegemay, in such a case, transfer the employeeto another position for the duration of thepregnancy, and the employee shall be paidthe rate of pay of the position to which she istransferred. The College wil l endeavour tominimize loss to the employee by attemptingto locate a vacancy, for which the employeeis qualif ied, having a wage rate reasonablyclose to that of the employee's own position;where more than one (1) vacancy exists forwhich the employee is fully qualif ied to per'form the work without training the Collegewill, i f i t transfers the employee, assign theemployee to the vacancy in the classifica-tion having the maximum rate closest to, butnot exceeding the maximum rate of theemployee's own classification.

13.3.2 Eye ExaminationsEmployees classified as Word ProcessingOperators, Data Entry Operators who regularlyuse a V.D.T., and such other employees as areagreed upon by the Union College Committee

const i tu ted under Ar t ic le 4.2 shal l , a t the com_mencement ot employment in such c lass i f ica_t ion and annual ly thereaf ter , be g iven the oppor_tuni ty to take an eye examinat ion by an optom_etr is t qual i f ied to g ive the fo l lowing tests:- Unaided Visual Acuity (letter chart test):- Refractive Findings;- Corrected Visual Acuity;- Amplitude Accommodation;- Suppression;- Distance Muscle Balance (Maddox Rod):- One Metre Muscle Balance (Maddox Rod);- Near Muscle Balance (Maddox Wing);- Slit Lamp Biomicroscopy;The College shall pay the difference, if any, be_tween the actual cost of such examinationsand the amount paid by O.H.l.p. The employeeshall sign a form authorizing release of iheoptometrist 's report to the College, and a copyof the report shall be supplied [o the Cottegeand to the employee.13.3.3 Work BreaksEmployees c lass i f ied as Word processingOperators, Data Entry Operators who regularl!use a V.D.T., and such other employees as areagreed upon by the Union College committeeconstituted under Article 4.2 shall not be re_quired to perform more than one (1) hour's con_tinuous work at a V.D.T. to the exclusion ofother duties at any one time, and the Collegeshall ensure that a break from the machine(which rnay include the performance of otherwork), of ten (10) minutes' duration, is madeavailable under such circumstances.

14. JOB SECURITY

14.1 Probationary PeriodAn employee wil l be on probation unti l he/she has

T,r,uW

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completed six (6) months of employment with theCollege in any twelve (12) month period. At thediscretion of the College, the probationary periodmay be reduced for an individual employee to suchperiod of t ime as the College may determine. Onsuccessful completion of the probationary periodhe/she shall then be credited with seniority equal tothe probationary period served, and seniority thusacquired shall be exercisable in the manner set outin th is Ar t ic le .

14.2 Accumulating SenioritySeniority and service shall accumulate for all pur-poses under the Collective Agreement for a period ofup to but not exceeding six (6) calendar months dur-ing the term of this Agreement during any leave(s) ofabsence with or without pay granted pursuant to theprovisions of this Agreement. This provision shallnot apply in the case of probationary employees whoshall be required to complete six (6) months of activeemployment to attain seniority unless waived by theCollege.

14.3 Transfer Into UnionA person employed by the College who is transferredinto the bargaining unit wil l be accorded full senior-ity based on length of service. lt is understood,however, that for the purposes of the application ofArticle 15.8, supervisory personnel and employees inthe academic staff bargaining unit transferred intothe bargaining unit shall be entit led to exercise onlythat portion of their seniority, if any, accumulated asan employee in the bargaining unit or what formerlywas the bargaining unit.

14.4 Bil ingual PolicyNotwi thstanding any of f ic ia l pol icy on b i l ingual ismestablished at the College, no present employeeshall be laid off from the College as a direct result ofhis/her inabil ity to communicate in the French

language. Recognizing that the College has theresponsibil i ty to determine the language require-ments of any position, the College wil l, however, notunreasonably deny promotional opportunities toemployees because of language requirements. TheLocal Union may request a meeting pursuant toArticles 4.2, 4.2.1, and 4.2.2 and management wil lexplain the reasons for the language designation.

15. LAYOFF'RECALL PROCEDURE15.1 Five (5) or more EmployeesWhen a College contemplates any action that wouldresult in the layoff or involuntary displacement offive (5) or more employees in the bargaining unit whohave completed their probationary period, the follow_ing provisions shall apply prior to the application ofthe procedures set out in Articles 14.1 and 15 of thisAgreement.

15.1.1 AppticationIn particular, but not so as to restrict thegenerality of the foregoing, no employee whohas completed the probationary period wil l belaid off or suffer a reduction in salary as a resultof the contracting out of work or services, or asa result of the introduction of new technology inthe form of new equipment or process substan_tially different in nature or design than thatpreviously in effect, unless and unti l the follow-ing procedures, as applicable, have been ao_pt ied:

15.2 Written NotiticationIn the above circumstances, the College shall givewritten notif ication of two (2) months to the LocalUnion of the contemplated action where five (5) ormore employees who have completed their proba-tionary period would be laid off, or involuntarilydisplaced. At the same time, the College shail

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provide the Local Union with the data used by theCollege in formulating its tentative determination toundertake the action contemplated.15.3 Special CommitteeWithin three (3) working days of the giving of suchnotice, there shall be constituted a committee con-sisting of four (4) persons, two (2) of whom shall beappointed by the Local Union and two (2) of whomshall be appointed by the College. lt shall be the dutyof the committee to consider the matter and to makerecommendations to the President of the Collegewith respect to:- alternatives to the action contemplated which

might be resorted to in order to prevent orminimize the effects of the action contemplated;

- potential creation of vacancies that might befilled by affected employees by the displacementof part{ime employees;

- the utilization of other means, such as normalretirements, leaves or transfers in order to preventor minimize the effects of the action contem-plated;

- the improvement of employment potential foraffected employees by the provision of training orretraining programmes and job counselling;

- investigation of potential alternative job oppor-tunities that might exist for affected employeesboth within and outside the College, such as com-parable employment opportunities that may existwith contractors hired by the College.

15.3.1 ConfidentialityThe Local Union and the Committee shall main-tain confidentiality with respect to any informa-tion received and the deliberations of theCommittee until mutually agreed between theCollege and the Local Union. Nothing hereinshall prevent the parties from obtaining advice,on a confidential basis, as required.

15.3.2 ReportingIt will be the duty of the Committee to make anyrecommendations contemplated under Article15.3 that it agrees upon to the President of theCollege within twenty (20) working days of theestablishment of the Committee. Where theCommittee is unable to agree on any recom-mendations contemplated under Article 15.3,the members of the Committee appointed bythe Local Union and the College may makeseparate recommendations within twenty-five(25) working days of the establishment of theCommittee or sooner if the members of theCommittee agree. Where separate recommen-dat ions are to be del ivered they wi l l beexchanged between the appointees prior todelivery.15.3.3 Loss ol PayMembers of the Committee appointed by theLocal Union shall not suffer any loss of pay dur-ing regular working hours when required toleave their duties temporarily for the purpose ofattendance at meetings of the Committee. TheUnion acknowledges, however , tha t theemployees have their regular duties to performand will not absent themselves without firstobtaining permission from their immediatesupervisor and reporting to their immediatesupervisor upon returning to their regularduties. ln keeping with this understanding, per-mission to attend such meetings shall not beunreasonably withheld consistent with Collegeoperating requ i rements.

15.4 Confidentiality of RecommendationsWhere recommendations, either joint or separate,are delivered to the President of the College theyshall be maintained confidential for a oeriod of five(5)working days.

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15.5 Review of RecommendationsThe College shall not proceed to finalize its tentativedetermination to undertake the action contemolatedprior to the expiry of f ive (5) working days after thedue date for delivery of rs6srnn'lrndations by theCommittee or the appointees thereto and shall notimplement the provisions of Articles 14.1 and 15,prior to the expiry of the period referred to in Article15.2. This period may be abridged with mutual con-sent of the Local Union and the College.15.6 ApplicationWhere the provisions of this Article apply, the provi-s ions of Ar t ic les 15.13, 15.15.1, and 15.15.2 shal l notapply.15.7 Waiver ol RightslSeverance PayExcept where an employee e lects to receiveseverance pay pursuant to Ar t ic le 15.15.5, anemployee who is laid off and at least two weeks priorto the actual layoff elects to waive all r ights of recallunder the Agreement, shall receive severance payequal to one (1) week's pay at his/her current salaryfor each completed year of service, up to a maximumof six (6)weeks' pay.15.8 Sequence of LayoffsWhen a College decides that circumstances requirea reduction of personnel in any position within aclassification as defined herein, the following provi-s ions shal l apply:

15.8.1 Probationary Employeeprobationary employees, if any, performingthe work in question shall be first laid off;

1 5.8.2 Post.Probationarywhere the qualif ications of employeeswho have completed their probationaryperiod and who are in the affected positionare relatively equal as to that position,their layoff shall be on the basis of senior-itv.

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Where in accordance with the foregoing,an employee would otherwise be laid offfrom the College, the following provisionsshal l apply in sequence:15.8.2.1 Vacant Positionwhere there is a vacant position, as de-fined herein, within a classification ofequal maximum rate, within sixty-five (65)kilometres from the location at which theemployee is normally assigned (or, at theelection of the employee, beyond sixty-five(65) kilometres from the location at whichthe employee is normally assigned), theemployee shall be assigned to such vacan-cy providing he/she is fully qualif ied to per-form the work in quest ion wi thout t ra in ing.Notwithstanding the foregoing, where anemployee elects to decline a vacant posi-tion beyond sixty-five (65) kilometres fromthe location at which the employee is nor-mally assigned, he/she shall thereuponforfeit any right to displace any otheremployee in a position beyond sixty-five(65) kilometres from the location at whichthe employee is normally assigned. Anemployee who elects layoff in l ieu of suchassignment must do so, in wr i t ing, wi th inseventy-two (72) hours of receipt of noticeof such assignment and shall be laid offfrom the College. An employee assigned toa vacancy herein shall maintain his/herrate and, for the purposes of further pro-gression, if any, within the rate range, shallbe deemed to have service within suchposition equivalent to his/her service in theposition from which he/she was assigned;

15.8.2.2 No Vacant Position- where there is no such vacant oosition

(or where the employee decl ines a va-cant posi t ion beyond s ix ty- f ive (65)k i lometres f rom the locat ion at whichthe employee is normal ly ass igned) orwhere the employee is not qualif iedunder Article 15.8.2.1 above the em-ployee may d isplace one (1) employeeoccupying a posi t ion that is wi th insixty-five (65) kilometres from the loca-t ion at which the employee is normal lyassigned (or, at the election of thee m p l o y e e , b e y o n d s i x t y - f i v e ( 6 5 )kilometres from the location at whichthe employee is normal ly ass igned)determined according to the followingsequence:

- the most junior employee occupying aposition, within the employee's ownc lass i f i ca t i on , t ha t he i she i s f u l l yqualif ied to perform without training,and p rov id ing he /she has g rea te rseniority; if there is no such position,then:

- the most junior employee occupying aposition, within those classifications ofequal maximum rate to that of theemployee's own c lass i f icat ion, thathe/she is fully qualif ied to performwithout training, and providing he/shehas greater seniority; if there is no suchposition, then:

- the most junior employee occupying aposition, within those classificationshaving the next highest maximum ratebelow that of the employee's ownc lass i f i ca t i on , t ha t he /she i s f u l l yqualif ied to perform without training,and provid ing he/she has greater

senior i ty ; i f there is no such posi t ion,then:

- the provis ions of the last sect ion ( im-mediately above) wil l be repeated unti lall classifications have been reviewedin descending order of maximum rateso r un t i l i t i s de te rm ined tha t ane m p l o y e e c a n d i s p l a c e a n o t h e remployee, whichever occurs first;

15.8.2.3 Order of Layoff- where there is no vacant position or the

employee has no displacement rightsunder either Article 15.8.2.1 or 15.8.2.2above and where the employee doesnot elect layoff, he/she shall be as-signed to any vacancy (as definedherein) within a classification of a lowermaximum rate which he/she is fu l lyqualif ied to perform without training. lfthe employee elects layoff in l ieu ofsuch assignment he/she must do so inwrit ing within seventytwo (72) hours ofreceipt of notice of such assignment.Where there is no such vacant position,the employee shall be laid off from theCollege.

15.9 Displacement15.9.1 Second DisplacementAn employee displaced under Article 15.8.2.2above may then exercise the same rights in thesame manner as set out in Article 15.8.2 above.15.9.2 Third DisplacementAn employee displaced under Article 15.9.1above may then exercise the same rights in thesame manner as set out in Article 15.8.2 above.15.9.3 Final DisplacementEmployees displaced as a result of Article

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15.9.2 above shall be then laid off from theCol lege.15.9.4 Rate ChangeAn employee exercising displacement rights orassigned to a vacancy under Article 15.8.2.2 or15.8.2.3 above shall receive the rate within therate range for the position closest to but notexceeding his/her then current rate and for thepurposes of further progression, if any, withinthe rate range shall be deemed to have servlcewithin such position equivalent to his/her ser-vice in his/her prior position.

15.10 Vacancy and Call BackFor the purposes of this Article, a vacancy is anyposi t ion wi th in a c lass i f icat ion in which the Col legerequires staffing and includes vacancies postedunder Article 17.1 for which a final selection andconfirmation of employment has not been made bythe College. lt is further understood, however, thatwhere a vacancy occurs in any position within aclassification following a reduction of personnel asa result of which an employee has been laid off orassigned to a position within a classification ofequal or lower maximum rate, the employee so af-fected wil l be offered the opportunity to return tohis/her former position within the classification pro-vided such vacancy occurs:- within six (6) months of his/her layoff or assign-

ment if the employee has less than twelve (12)months continuous employment at the time oflayoff or assignment;

- within twelve (12) months of his/her layoff orassignment if the employee has more than twelve(12) months continuous employment at the timeof layoff or assignment; or

- within eighteen ('18) months of his/her layoff orassignment if the employee has more thaniwo (2)

years continuous employment at the time oflayoff or assignment.

Where the employee accepts, the vacancy shall notbe posted under Article 17.1. Where the employeerefuses the opportunity to return to his/her formerposition, he/she shall forfeit all rights to return tohis/her former position under this Article.15.11 Seniority and Call BackEmployees laid off hereunder who retain recallrights under Article 15.14.'1 shall be recalled on thebasis of seniority providing they have the qualifica-tions and ability to perform the work in questionwithout training.15.12 Transition PeriodWhere the term "fully qualified to perform the workwithout training" is used in this Art ic le, i t isunderstood that the College shall provide theemployee selected with a reasonable period offamiliarization where necessary.15.13 Fewer than live (5) EmployeesWhere the College has concluded that a reduction ofpersonnel is required under this Article it will, priorto applying the procedures specified by this Article,first advise the Local Union President of the reduc-tion and the circumstances surrounding it. The Col-lege further agrees to meet with representatives ofthe Local Union for the purpose of discussing af-fected staff and the provisions of this Article and todiscuss methods of minimizing dislocation of staff,such as creation of vacancies, retirements, leaves,transfers, retraining, job counselling, and alternativejob possibilities. The Union shall have the right tohave a Staff Representative present at any meetinghereunder and to make any representations withrespect to the application of the provisions of thisArticle.The College shall, if requested, discuss the feasibil-ity of assigning on a full-time basis an employee

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about to be laid off from the College under Article15.9.3 above to bargaining unit work then performedby two (2)or more part-time employees.15.14 Seniority LosURecall Rights ExpiredSeniority shall be lost and employment deemed tobe terminated if the employee:- voluntar i ly qui ts;- is discharged for cause, unless such discharge

is reversed through the grievance procedure;- is laid off for a period in excess of six (6) months,

if the employee has less than twelve (12) monthscontinuous employment at the time of layoff or islaid off for a period in excess of twelve (12) mon-ths if the employee has twelve (12) months ormore continuous employment at the time oflayoff or is laid off for a period in excess of eigh-teen (18) months if the employee has two (2)yearsor more continuous employment at the time oflayoff ;

- overstays a leave of absence unless a reasonsatisfactory to the College is given;

- util izes a leave of absence for other than thereason for which such leave of absence wasgranted;

- being laid off fails to notify the College of his/herintention to return to work within seven (7) daysfollowing mailing of a registered letter to his/herlast recorded address with the College; or havingprovided such notification, if the employee failsto return to work within ten (10) days from thedate of mailing of such registered letter; or

- is absent without prior authorization or approvalfor five (5) consecutive working days unlessreasons satisfactory to the College are subse-quently accepted.

15.15 Gontracting Outlf the College decides to contract out work or ser-vices which are being performed by employees at

the commencement date of this Agreement whichwould cause the layoff or involuntary displacementof less than five (5) employees covered by this Agree-ment, the College wil l:

15.15.1 Notifying Union- notify the Local Union of the decision to

contract out six (6) weeks prior to contractingout the work or services concerned.

15.15.2 Meeting with Unionlf requested by the Union within seven (7)daysof the date of such notif ication, the College wil lgive the Union an opportunity of a meeting withthe College to discuss methods of minimizingdislocation of employees caused by the con-tracting out such as creation of vacancies,retirements, leaves, transfer, retraining, jobcounsell ing, and alternative job possibil i t ies.lf such a meeting is requested by the Union, itshall be held within seven (4 days after therequest.15.15.3 Notif icalionEmployees being laid off because of the con-tracting out of work or services being per-formed at the commencement date of thisAgreement shall be notif ied in writ ing at leastsix (6) weeks in advance of the date of thelayoff.15.15.4 SeniorityPrior to a non-probationary employee being laidoff, such employee shall have the right to exer-c ise h is /her senior i ty in accordance wi thArticles 15.8 through 15.14 of the CollectiveAgreement.15.15.5 Waiver ol RecalllSeverance PayAn employee who has been laid off because ofcontracting out shall have the option of waivingthe recall procedure provided he/she advisesthe employer in writ ing that he/she intends to

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exercise his/her option to waive the recall pro-cedure at least two (2) weeks prior to the actuallayoff, otherwise the recall procedure remainsin elfect. In the event that an employee laid offexercises his/her option to waive the recall oro-cedure, as herein set out, he/she shall be en-tit led to severance pay based on one (1)week'spay at his/her current salary for each year ofservice. In deciding the amount of severancepay required to be paid by the College, any payin l ieu of notice required to be paid under theEmployment Standards Act (Ontario) or anygratu i ty payments paid on terminat ion ofemployment based on unused at tendancecredits (sick leave credits) shall be deemed tobe a credit toward the severance pay entifle-ment under th is Ar t ic le 15.15.3. The intent ion ofthis provision is to avoid pyramiding of pay inlieu of notice under the Employment StandardsAct (Ontario), unused attendance credits (sickleave credits), and the severance pay re-quirements hereunder.

16. EMPLOYEE EVALUATION

1 6.1 Performance AppraisalA copy of an employee's performance appraisalwhich is to be f i led on the employee's record shal l begiven to the employee in advance. The employeeshal l in i t ia l such appraisal as having been readwithin seven (7) days of receipt of a copy of suchappraisal. lf the employee wishes, he/she may addhis/her views to such appraisal within such seven (7)day period.

16.2 Disciplinary NoticeEach employee shall receive a copy of any formaldisciplinary notice to be placed in his/her personnelf i l e .

16.3 Access to Personnel FileEach employee shall be entit led to reasonableaccess to his/her official personnel f i le to examinehis/her per formance appraisals and d isc ip l inarynotices.16.4 Removal of Notices from FileEach employee may, once each calendar yeat, te-quest the removal of a disciplinary notice that hasbeen in h is /her of f ic ia l personnel f i le for more thanone (1) year. The removal of such notice shall be atthe d iscret ion of the Col lege. Such d iscret ion shal lnot be unreasonably exercised.

1 7. JOB POSTINGS/PROMOTIONS

17.1 NoticesNotice wil l be posted of a vacancy in a classif icationcovered by the Agreement for a period of f ive (5) daysat each Campus and no employee shall be hiredfrom outs ide the Col lege unt i l a posi t ion has beenposted for the said five (5) days. Such notice shallconta in the c lass i f icat ion, hour ly rate range, currentCampus location, current hours of work, and anout l ine of the basic qual i f icat ions. Such not ice shal lbe posted in appropriate locations accessible toemployees. For the purposes of this Section, refer-ence to days shall exclude Saturdays, Sundays, andstatutory holidays. Copies of all posted vacanciesshall be sent to the Local Union President at thet ime of d is t r ibut ion for post ing.

17.1.1 ConsiderationWhen a vacancy in the bargain ing uni t occursand employees wi th in the bargain ing uni t makeapplication for such vacant position, the Col-lege wi l l g ive proper considerat ion to the qual i 'f ications, experience, and seniority of any appli-cants in relation to the requirements of thevacant position. Notwithstanding the foregoing,where there is no increase in the complement

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of bargaining unit employees in the Departmentwithin which the vacancy arose, the Collegemay f i l l such vacancy by appoint ing a qual i f i6oapplicant from the Department.17.1.2 Notif icationAl l appl icat ions wi l l be acknowledged andapplicants who are interviewed wil l be notif ieoif unsuccessful. The College wil l not interviewapplicants from outside the bargaining unitunti l i t has complied with Articles 11.1 and17.1.1 above. The College wil l not consider ap-p l icants f rom outs ide th is bargain ing uni t unt i li t has assessed and notif ied internal applicantsof the results.

17.1.3 Job ReversalWhere an employee has been selected for aposted vacancy in accordance with the provi-sion herein and it is subsequenily determinedby the Col lege, af ter d iscussion wi th theemployee, within sixty (60) calendar days fromhis/her assignment to the classificiation thathe/she cannot satisfactori ly perform all of therequirements of the job in question, the Collegewill return the employee to his/her former raieand classification without loss of seniority. Anyfurther displacement of employees as a directresult of his/her return shall be accomolishedby transferring such employees to their formerposition, rate, and classification without loss ofseniority unless otherwise agreed upon andsuch transfer shall not be the subject of anygrievance.17.1.4 Resultant VacanciesThe lirst and second resultant vacancies, if anv.arising out of the fi l l ing of a posted vacancy inArt ic le"17.1.1 shal lbe posted and the same pro-visions shall apply. Any f urther vacancies whicharise need not be posted. Where such vacan-

cies are not posted the College shall, however,give proper consideration to qualif ied bargain-i n g u n i t e m p l o y e e s p r i o r t o f i l l i n g s u c hposition(s).

1 7.2 Promotion/Reclassif icationOn promotion to a classification in a higher wagerange or by reason of reclassification to a classifica-tion in a higher wage range, an employee shall bepaid the next highest rate in the classification towhich he/she is assigned, which provides an in-crease of not less than the next incremental amountavailable to the employee in the classification im-mediately prior to the promotion or reclassification,providing the resultant rate does not exceed themaximum rate of the new classification, except thatwhere such employee was receiving the maximumrate, the increase shall not be less than the in-cremental differential between the maximum rateand the preceding rate in that classification.

17.3 Temporary Assignments17.3.1 Higher Wage RatesWhen the Col lege temporar i ly ass igns anemployee to the duties and responsibil i t ies of aposition in a classification with a higher raterange or maximum salary for a period in excessof f ive (5) consecutive working days, suchemployee shall be paid the next higher rate inthat classification which provides an increaseof not less than the incremental amount avail-able to the employee in the classification im-mediately prior to the assignment providing theresultant rate does not exceed the maximumrate of the new classification, except thatwhere such employee was receiving the max-imum rate, the increase shall not be less thanthe incremental differential between the max-imum rate and the preceding rate in that

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classif ication from the expiration of f ive (5) con-secutive working days including payment forthe prior f ive (5) days providing such new ratedoes not exceed the maximum rate for theclassification to which he/she is temporarilyassigned.

17.3.2 Lower Wage RatesWhen the Col lege temporar i ly ass igns anemployee to the duties and responsibil i t ies of aposition in a classification with a lower raterange or maximum salary where there is nowork reasonably available for him/her in theposi t ion f rom which he/she was assigned,he/she shall be paid the lower applicable classr-fication rate to which he/she was assigned afterthe expiration of ten (10) consecutive workingdays in such lower classification.When the Col lege temporar i ly ass igns anemployee to the duties and responsibil i t ies of aposition in a classification with a lower raterange or maximum salary where there is workreasonably available for him/her in that positionfrom which he/she was assigned, heishe shallcontinue to be paid at the rate applicable to theclassification from which he/she was assigned.

17.3.3 Excluded PositionsWhen a Co l l ege tempora r i l y ass igns anemployee to the duties and responsibil i t ies of aposition excluded from the provisions of thisGollective Agreement, the employee's obliga-tions to contribute to the regular monthly Uniondues under Article 5.4 and his/her seniority shallcontinue during the period of such temporaryassignment up to a maximum period of six (6)calendar months unless extended by agree-ment of the parties.

1 8. COMPLAINTS'GRIEVANCES18.1 Definitions

18.1.1 Committee Secretary"Committee Secretary" means the Secretary tothe Staff Affairs Committee of the Council ofRegents;18.1.2 Day"day" means a calendar day;18.1.3 Union"Union" means the Ontar io Publ ic ServiceEmployees Union;18.1.4 Grievance"grievance" means a complaint in writing aris-ing from the interpretation, application, admin-istration or alleged contravention of this Agree-ment.

1 8.2 Classif ication Complaints18.2.1 Lodging a ComplaintAn employee who claims he/she has been im-properly classified based on the duties andresoonsibi l i t ies to which he/she has beenassigned and that he/she be properly classifiedto another classification within Appendix Emay present a complaint in writing to his/herimmediate Supervisor. The Supervisor shall givethe employee his/her decision in wri t ing withinseven (7) days following receipt of the writtencomolaint. lt is understood that there shall beno retroactive payment prior to the date ofpresentation of a written complaint hereunder.Where requested, the College shall within areasonable time, provide an employee withhis/her then current position guideline.

18.2.2 Complaint to College Officiallf the employee is not satisfied with the deci-sion of his/her supervisor, he/she shall present

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his/her complaint in writ ing within seven (7)days of the date he/she received the decision tothe College official designated responsible forclassification complaints. Such College officialshall arrange a meeting within two (2) weeksthereafter to permit the employee and a UnionRepresentative the opportunity of presentingrepresentations in support of the complaint. Arepresentative of the Staff Affairs Committee ofthe Council of Regents may be present at sucha meeting upon the request of the College con-cerned. Within seven (7) days following suchmeeting, the College official shall give his/herdecis ion in wr i t ing.18.2.3 Arbitrationlf the matter is not resolved under Article 18.2.2above, the matter may be referred to arbitration,in accordance with the provisions of Articles'18.1 and 18.4 through 18.11, by not ice in wr i t inggiven to the College within ten (10) days ofreceipt by the grievor of the decision of the Col-lege Official under Article 18.2.2.

18.3 New ClassificationsWhere a College, acting through the Secretary of theStaff Affairs Committee, determines during the termof this Agreement that a new classification notcovered in Appendix E is required, the College wil ladvise the Union of such new classification, thed u t i e s a n d r e s p o n s i b i l i t i e s t h e r e i n a n d t h eclassification rate before implementing the same. lfrequested, the College further agrees to arrange ameeting prior to the implementation of the newclassification so as to permit the Union the oppor-tunity of making representations with respect tosuch classif ication providing any such meeting shallnot delay the implementation of the new classifica-tion for a period in excess of one (1) month beyondinitial advice of the proposed classification. Where

the Union challenges the rates established for thenew classification and the matter is not resolvedfo l lowing d iscussions under th is Sect ion, thedispute may be referred to arbitration in accordancewith the provisions of Article 18.7 by notice in writ inggiven to the College and the Secretary of the StaffAffairs Committee within ten (10)days following anymeeting referred to above. Any arbitration boardestablished hereunder shall be l imited to determin-ing an appropriate rate for the classification andsuch rate must be established with reference to theexisting rate structure in Appendix E including therelationship of the new classification with thenexist ing c lass i f icat ions.

18.4 Working Conditions and Terms of Employment

18.4.1 ComplaintsIt is the mutual desire of the parties hereto thatcomplaints of employees be adjusted as quick-ly as possible and it is understood that if anemployee has a complaint (other than oneregarding his/her unsuccessful competit ion fora position) he/she shall discuss it with his/herimmediate Supervisor within fifteen (15) daysafter the circumstances given rise to the com-plaint have occurred, or have come or oughtreasonably to have come to the attention of theemployee, in order to give his/her immediateSupervisor an opportunity of adjusting his/hercomplaint. The discussion shall be between theemployee and his/her immediate Supervisorunless mutually agreed to have other persons inattendance. The immediate Supervisor's re-sponse to the compla int shal l be g iven wi th infive (5) days after the discussion with theemployee.In the case of a complaint regarding his/her un-successful competit ion for a position he/she

68 69

shall discuss it with the immediate Suoervisorof the position for which trislnei-apjicaitnwas unsuccessful within fifteen (15) days afterthe.circumstances giving rise to in" "orpil intnavtng occurred, or have come or ought reason_ably to have come to the attention ;i;"employee in order to give such Supervisor'anop_p_ortunity to.adjust his/her complaint. Theclscusston shall be between the employee andsuch Supervisor unless mutually agreed'to-haveother persons in attendance. sJcn-srperi"Ji,I9,._p9!.." Jo the comptaint shail be given withinrve (5) days after the discussion with theemployee.18.4.2 GrievancesFail ing seti lement of a complaint, it shall betaken up as a grievance in the'followinq ;an*l.ano.sequence provided it is presentJO witninrve (b) days of the immediate Supervisor,s replyto the.complaint, or in the case'ot " "orpf"in,regarding an unsuccessful competit io;: ;;;sented within f ive (5) days of the r"rpon.J otrne tmmediate Supervisor of the position forwntcn tne appl icat ion was unsuccessfu l .

18.4.2.1Step 1An employee shal l present a s ignedgnevance in writ ing to his/her immediateSupervisor or in the case of " "orpi"iniregarding an unsuccessful competit ibn, toll 'e

iTr.ngdiqte Supervisor of the poiit ionror whtch the appl icat ion was unsuc_c e s s f u l , s t a t i n g t h e n a t u r e o t i n egnevance, the remedy sought and shall besuf f ic ient ly speci f ic to iOei t i fy tn" " f t "o"Jviolation(s) of the Collective AgreemEnt.The immediate Supervisor or in thle ."." oia complaint regarding an unsuccessfulcompetit ion, the immediate Supervisor of

I

i

the posi t ion for which the appl icat ion wasunsuccessfu l shal l g ive the gr ievor h is /herdecis ion, in wr i t ing, wi th in f ive (5) daysfollowing receipt of the grievance.18.4.2.2 Step 2lf the grievor is not satisfied with the deci_sion of his/her immediate Supervisor or inthe case_ of a complaint regarding an un-successful competit ion, the decision ofthe immediate Supervisor of the positionfor which the appl icat ion was unsuccess_ful, he/she shall present his/her grievancein writ ing within seven (7) days o1 the Oayhe/she received the decision to the Depari_ment Head of the Department in whichhe/she is employed or in the case of agrievance regarding an unsuccessful com_petit ion, to the Department Head of theDepartment in which the Supervisor of theposition for which the application was un_successful is employed. The DepartmentHead shal l g ive h is iher decis ion, in wr i t ing,to the grievor within seven (7) days of th6presentation. lt is agreed, however, thatwhere an employee's immediate Super-visor and his/her Department Head are oneand the same person or in the case of agrievance regarding an unsuccessful com_petit ion, where the Supervisor of the posi_t ion for which the appl icat ion was unsuc-cessful and the Department Head are oneand the same person this Step shall be by_passed.18.4.2.3 Step 3Where the grievor is not satisfied with thedecision of the Department Head, he/sheshall present hisiher grievance in writ ingwithin seven (7) days of the date he/she

l

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7071

received the decision to the President ofthe College concerned.The President or his/her designee shallconvene a meeting concerning the griev-ance, within fourteen (14) days of thepresentation, at which the grievor shallhave an opporfunity to be present, andshall give the grievor his/her decision, inwrit ing, within seven (7) days following themeet ing.

18.5 Grievance re Dismissal and Suspension18.5.1 GeneralArticles 18.5.2 and '18.5.3 apply to an employeecovered by this Agreement who has completedhis/her probationary period, it being understoodtha t t he d i sm issa l o r suspens ion o f anemployee during the probationary period shallnot be the subject of a grievance.

18.5.2 GrievanceAn employee who claims he/she has beendismissed or suspended wi thout just causeshal l , wi th in f i f teen (15)days of the date he/sheis advised in writ ing of his/her dismissal orsuspension presenl hisiher grievance in writ ingto the President commencing at Step No. 3 andthe President, or his/her designee, shall con-vene a meeting and give the grievor and theUnion Steward his/her decision in accordancewi th the provis ions of Step No. 3 of Ar t ic le 18.4.A Union Staff Representative may be present atsuch meeting at the request of either the Col-lege or the Union.

18.5.3 Arbitrationlf the grievor is not satisfied with the decisionof the President , the gr ievor shal l , wi th in ten (10)days of receipt of the President's decision bynotice in writ ing to the Director of Personnel or

as designated by the College, refer the matterto arbitration, as provided in this Agreement.

18.6 Arbitration Procedure18.6.1 DisagreementIn the event any difference arising from theinterpretation, application, administration oralleged contravention of this Agreement hasnot been satisfactori ly settled under the fore-going Grievance Procedure the matter shallthen, by notice in writ ing given to the otherparty within ten (10)days of the date of receiptby the grievor of the decision of the CollegesOfficial at Step No. 3 be referred to arbitrationas hereinafter provided.18.6-2 ArbitratorsAny matter so referred to arbitration, includingany question as to whether a matter is arbi-trable, shall be heard by a board of three (3)arbi-trators composed of an arbitrator appointed byeach of the Colleges and the Union and a thirdarbitrator who shall be Chairperson.The Chairperson shall be selected from thefollowing panel:Professor E.E. PalmerProfessor D.D. CarterMr. Kevin BurkettMr. H.D. BrownMr. J .H. Weather i l lMr. P.J. BrunnerMr. D. O'SheaProfessor R.H. McLarenMr. T. BastedoMs. G. BrentMr. A.M. KrugerMs. K. SwintonProfessor R.J. DelisleThe Chairperson shall be assigned either byagreement or, fail ing agreement, by lot. The

72 73

parties may from time to time by mutual agree-ment add further names to such oanel. Follow-ing selection of a Chairperson, the College andthe Union shall each appoint its arbitratorwithin ten (10) days thereafter and forthwithnotify the other party and the Chairperson.However, if the College and Union mutuallyagree prior to selection of a Chairperson to arbi-tration by a sole arbitrator, heishe shall beselected from the panel and the other prov,-sions referring to an arbitration board shallappropriately apply.18.6.3 Persons ExcludedNo person shall be appointed as an arbitrator ormember or chairperson who is or was within six(6) months prior to his/her appointment anemployee or is or has within six (6) months priorto h is /her appointment acted as sol ic i tor ,counsel, advisor, agent or representative ofeither of the parties or the College concerned.Any Chairperson who declines to act on five (5)consecutive occasions shall be removed fromthe panel and a replacement selected bymutual agreement of the parties.

18.6.4 Majority DecisionThe finding of the majority of the arbitrators asto the facts and as to the interpretation, appli-cation, administration or alleged contraventionof the provisions of this Agreement shall befinal and binding upon all parties concerned, in-cluding the employee(s) and the College.18.6.5 LimitationsThe arbitration board shall not be authorized toalter, modify or amend any part of the terms ofthis Agreemenl nor to make any decision incon-sistent therewith nor to deal with any matterthat is not a proper matter for grievance underthis Agreement.

18.6.6 Cost SharingThe College and the Union shall each pay one-half (1/z) the remuneration and expenses of theChairoerson of the Arbitration Board and shalleach pay the remuneration and expenses of theperson it appoints as arbitrator.18.6.7 PowersThe arbitration board shall have those oowersset out in the Colleges Collective BargainingAct, 1975.

18.7 Union GrievanceThe Union shall have the right to fi le a grievancebased on a difference arising directly out of theAgreement concerning the interpretation, applica-tion, administration or alleged contravention of thisAgreement. However, such grievance shall not in-clude any matter upon which an employee is per-sonally entit led to grieve and the regular grievanceprocedure for a grievance peculiar to an individualemployee shall not be by-passed except where theUnion establishes that the employee has not grievedan unreasonable standard that is patently in viola-tion of this Agreement and that adversely affects therights of persons in the bargaining unit. A Uniongrievance shall be presented in writ ing, signed bythe Union President or his/her designee to the Direc-tor of Personnel or as designated by the College con-cerned, within fourteen (14) days after the circum-stances giving rise to the complaint have occurred,or have come to or ought reasonably to have come tothe attention of the Union. The grievance shall thenbe processed in accordance with Step No. 3 of theGrievance Procedure.18.8 College GrievanceThe College shall have the right to fi le a grievancebased on a difference arising directly out of theAgreement concerning the interpretation, applica-tion, administration or alleged contravention of this

74 75

Agreement. Such grievance shall be presented inwrit ing, signed by the President or his/her designeeto the Union President with the copy to the LocalUnion President of the College concerned withinfour teen (14) days fo l lowing the occurrence ororigination of the circumstances giving rise to thegrievance.The grievance shall then be processed in accor-dance with Step No. 3 of the grievance procedurewith the appropriate changes. Fail ing seti lementfollowing Step No.3 meeting, such grievance may bereferred to arbitration providing such referral iswithin fourteen (14) days of the receipt of the StepNo. 3 reply.

1 8.9 Multi.College lssuesWhere the grievance pertains to a number ofColleges, separate grievances shall be sent to theDirectors of Personnel or designated persons ofeach College affected with copies to the Secretaryof the Staff Affairs Committee. Fail ing settlementfollowing the Step No. 3 meeting, such grievancemay be referred to arbitration providing such referralis within fourteen (14) days of the receipt of the StepNo. 3 reply.

18.10 Multiple GrievancesWhere a number of employees in any College haveidentical grievances and each employee would beentit led to grieve separately, they shall present agroup grievance in writ ing signed by each employeeto the Director of Personnel, or as designated by theCollege, within fifteen (15) days following the occur-rence or origination of the common circumstancesgiving rise to the grievance commencing at Step No.2 of the grievance procedure. The grievance shallthen be treated throughout the balance of thegrievance procedure as a single grievance.

18.11 General Conditions18.11.1 Timel f the gr ievor fa i ls to act wi th in the t ime l imi tsset out at any Complaint or Grievance Step, thegrievance wil l be considered abandoned.18.11.2 No Replylf an official fails to reply to a grievance withinthe t ime l imi ts set out at any Complaint orGrievance Step, the grievor may submit his/hergrievance to the next Step of the grievanceprocedure.

18.11.3 ExtensionsAt any Complaint or Grievance Step of thegrievance procedure, the time limits imposeoupon either party may be extended by mutualagreement.18.11.4 Union ReplyAt a meeting at any Complaint or GrievanceStep of the grievance procedure, subject toArticle 18.4 the employee may be representedby a Union steward if the employee desiressuch assistance; at Step No. 3 a Union StaffRepresentative may be present at the request ofeither the College or the Union.18.11.5 Holiday ExclusionThe t ime l imi ts set out at the Comolaint orGr ievance Steps, inc luding the referra l toarbitration, shall exclude the holiday period re-ferred to in Ar t ic le '10.1.1.

18.11.6 Arbitration Board PowerThe Arbitration Board may dispose of a griev-ance without further notice to any person whois notif ied of the hearing and fails to appear.18.11.7 Role of StewardIt is recognized that at some Colleges and/orCampuses there may be occasions when noStewards have been elected or selected. ln

such a case, the Colleges are prepared torecognize the attendance of a Local UnionOfficer in place of the Steward at meetingsreferred to in this Agreement. The Union agreesto notify each College of the Stewards ap-pointed or selected by it and the current LocarUnion Of f icers.18.11.8 No Loss of PayIt is understood and agreed that the grievor andhis/her Steward or Local Union Officer (as thecase may be) where his/her presence is re-quested by the grievor, shall not suffer any lossof pay during regular working hours when re-quired to leave their duties temporarily for thepurpose of attendance at meetings under thisArticle. The Union acknowledges, however, thatemployees have their regular duties to performand wil l not absent themselves without f irstobta in ing permiss ion f rom thei r immediateSupervisor and reporting to their immediateSupervisor upon return to their regular duties inkeeping with this understanding, permission toattend such meetings shall not be unreason-ably withheld consistent with College operatingrequirements.18.11.9 RightsAn employee shall not be required to appearbefore a committee, board or other investi-gating body to answer concerning his/her con-duct or performance without f irst being givenreasonable opportunity to be accompanied byan employee representative if, as a result ofhis/her appearance, he/she may be subject tosome written reprimand, assessment or oenal-ty. However, this provision shall not be appli-cable when an employee is required to appearbefore his/her immediate Supervisor or, inhis/her absence, the person acting in his/her

78

stead or the Personnel Officer of the College toa n s w e r c o n c e r n i n g h i s / h e r c o n d u c t o rperformance.

19. DURATIONThis Agreement shall continue in full force and effectuntil the 31st day of August, 1984, and shall continueautomatically thereafter for the annual periods of one(1) year each unless either party notifies the other inwriting of its desire to amend or modify the Agreement.Notice to bargain shall be in accordance with the Col-leges Collective Bargaining Act and following receipt ofnotice to bargain the parties shall meet within thirty (30)days following such notice of such other time as maybe agreed to.EXECUTED at TORONTO, ONTARIO, this 23rd dav ofJune, 1983.

For the Ontario Council of Regents for the Colleges ofApplied Arts and Technology with respect to and onbehalf of Colleges of Applied Arts and TechnologyNorman E. Wi l l iamsDonald R. DeanHazel CarsonBob Hurly

Barbara RobinsonHoward RundleJim TurnerHerb Young

For the Ontario Public Service Employees UnionSean O'FlynnBeverley AllanKerry GenningsEldon DownerKathy Richardson

James BardenJil l PflanznerRoss DavisAnd16 Bekerman

79

Dear Sir:September j, 19g3

RED CIRCLE RATES

August 27,1981Dear Si r :

LESS THAN 12 MONTH POSITIONS

It is recognized that the Colleges have positionswi th in the bargain ing uni t f rom t ime to t ime that ,because of the nature of the service rendered, requirestaffing for less than twelve (12) months ayear. In sucha case, where less than full t ime employment is iden-tif ied prior to the time of hiring such employees, theCollege may effect a layoff of such employees for aperiod of up to but not exceeding three (3) months inany employment year without regard to the provisionsof the Collective Agreement. Notwithstanding the fore-going, seniority and service shall accumulate for allpurposes under the Collective Agreement during suchperiod of layoff. This provision shall have no applica-tion where the employee in l ieu of layoff hereunder hasbeen granted a leave of absence in which case Article14.2 shal l have appl icat ion.

Pr ior to post ing such a posi t ion, the Col lege shal lnotify the Local Union of the circumstances and, wherethe Local Union requires discussion and explanation asto the basis for such a position being reduced to lessthan a twelve (12) month basis, it may request ameet ing wi th the Col lege, at which t ime a fu l l explana-t ion of the c i rcurrstances surrounding the designat ionof the posi t ion shal l be g iven.

Yours very truly,A.M. Pesce,SecretaryStudent/Staff Affairs Committee.

Mr. Sean O'Flynn,President,Ontario Public Service Employees Union,1901 Yonge Street,Toronto, Ontario.

^ Certain employees within the bargaining unit as ofSeptember 1, 19b1, enloyed ..red circle,, rates ctue tospecial circumstances inclqding transters to'positions::Tiilf_q"rsaining unit. ro tie exteni in*" "p""i"rcrrcumstances continue during the term of the iollec_tive Agreement, the employee! in question-shall con_tinue to-enjoy such ,,red circle" ,ated anO ine ""nr. p"r.hour differential over their respective rates anO the thencurrent applicable classification rate shall-i jply.

The conditions set out herein shall also appty tobargaining unit employees at Algonquin Cot,ege cur_rently receiving a bil ingual allowa'nce.'yours very truly,A.M. pesce,Secretary

, Staff Affairs Committee.Mr. Sean O'Flynn,President,O,ntario Public Service Employees Union,1901 Yonge Street,Toronto, Ontario.

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Dear Sir:Ju ly 21 , '1981

PART.TIME EMPLOYEESDuring negotiations for a renewal Collective Agree-

ment, concern was expressed by the Union in regard tothe extent to which support staff work is being under-taken at some Colleges by regular part-time employeesnot covered by the Collective Agreement. Discussionbetween the Council of Regents and the Union Negoti-ating Teams disclosed some misunderstandings as tothe incidence and basis of the use of such employees.

In such a case, the Council of Regents NegotiatingTeam agreed that where further information and discus-sion on this subject is necessary, it would be appro-priate to hold discussions between representatives ofthe Local Union and any College to explain and clarifythe use of such employees and to reasonably providepertinent information for such purpose. Requests formeetings may be made at any time during the term ofthe Collective Agreement after thirty (30) days followingthe execution of a renewal Collective Agreement andthe College shall respond without undue delay.

In the event the Local Union feels that such discus-sions have not been satisfactory, it may, through theUnion Head Office, initiate a meeting with Staff Affairsrepresenatives of the College Afffairs Branch for furtherdiscussion.

Yours very truly,A.M. Pesce,SecretaryStudent/Staff Affairs Committee.

Mr. Sean O'Flynn,President,Ontario Public Service Employees Union,1901 Yonge Street,Toronto, Ontario.

IAugust 27,1981

Dear Sir:

HOURS OF WORKIn light of concerns raised by the Union in recenily

concluded negotiations in regard to possible reductionin the normal hours of work ior employees at any Col_lege, it is understood and agreed ai tottows:

Where any reduction in the normal hours of work af_fecting.barga.ining unit employees is contemplated,the college shall first advise ihe Local Union presi-dent of the proposed reduction at least thirty (30)days in advance and the circumstances sunoundingit. lf requested, the College agrees to meet withrepresentatives of the Local Union and the Unionshall have the right to have a Staff Representativepl9.selt at any meeting. The Coilege shall discusswith the Local Union the contempi-ated action andany alternatives that might be taken.

It is understood that any representations by the LocalUnion must be made within'seven (7) calendar days ofadvice from the College.

yours very truly,A.M. pesce,Secretary

, Student/StaffAffairsCommittee.Mr. Sean O'Flynn,President,Ontario Public Service Employees Union,1901 Yonge Street,Toronto, Ontario.

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Dear Sir:August 25, 1981

DEFINITION OF POSITIONDuring negotiations for the renewal of the Collective

Agreement for support staff employees, it became ap-parent that there is some confusion concerning themeaning of the terms "posi t ion, 'and , ,posi t ion wi th in aclassification", as used in Article 15 of the Agreement.This wil l clarify that the words ,,position" and-,,positionwithin a classif ication" are intended to refer to the oar-ticular job duties required by the College in order to per_form thajob function required.

Yours very truly,A.M. pesce,SecretaryStudent/Staf f Af fairs Committee.

Mr. Sean O'Flynn,President,Ontario Public Service Employees Union,'1901 Yonge Street,Toronto, Ontario.

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Dear Sir:June 23, 1983

CLASSIFICATION REVIEWThis wil l confirm that as discussed during negotia-

tions, the Council of Regents agrees that continuationof the review of the classif ication system affecting theSupport Staff in the Colleges is desirable.

The Counci l wi l l cont inue to involve the Union at al lstages of the study. Accordingly, it would be mutuallybeneficial if two (2) representatives of the Union willcontinue to be appointed to meet and communicatewith the Council's representatives who are correspon-dingly appointed.

Yours very truly,A.M. Pesce,SecretaryStaff Affairs Committee.

Mr. Sean O'Flynn,President,OPSEU

June 23, 1983Dear Sir:

DEPENDENT AND SPOUSAL INSURANCEThis will confirm the discussions during negotiations

that the Colleges will improve the employee-paidDependent and Spousal Insurance Coverage irom$1,000 for spouse and $500 for each child to $S,OOO torspouse and $1,500 for each child. This will be done assoon as arrangements can be made with the carrier,and is subject to enrolment requirements, if any.

Yours truly,A.M. Pesce,SecretaryStaff Affairs Committee.

Mr. Sean O'Flynn,President,OPSEU

June 23. 1983Dear Sir:

RESTRUCTURING OF AGREEMENTThis will confirm the understanding reached between

the Parties that the subcommittee established toreview the structure of the Agreement will be continueduntil August 31, 1984. The subcommittee will report tothe Parties' respective bargaining committees beforethat date, and make recommendations, where war-ranted, concerning any further editorial alterations thatmay be necessary. lt is agreed that the subcommitteeshall not make any recommendations that would, ormight, change the intent of the parties as reflected inthe language of the Agreement.

Yours truly,A.M. Pesce,SecretaryStaff Affairs Committee.

Mr. Sean O'Flynn,President,OPSEU

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June 23, 1983Dear Sir:

$1,OOO MINIMUM INCREASEFOR THOSE EARNING UNDER $2O,OOO

This is to confirm the understanding reached atnegotiations that any employee in the bargaining unit,who works the entire year September 1, 1983 to August31, 1984, who does not receive an annual increase of atleast $'1,000 as a result of the wage increase effectiveSeptember 1, 1983 will receive a lump sum paymentequal to the difference between the wage increase and$1,000, which shall be paid as soon as reasonablypossible after August 31 , 1984. An employee who worksless than-the full year shall receive a pro-rated lumpsum amount, payable as soon as reasonably possibleafter termination of employment or August 31 , 1984,whichever is sooner.

Yours truly,A.M. Pesce,SecretaryStaff Affairs Committee.

Mr. Sean O'Flynn,President,OPSEU

VDT & EERCThis will record certain understandings reached

during negotiations for a renewal of the Support StaffCollective Agreement, with respect to the new Article13.3.

Where the Union-College committee is unable toreach,agreement concerning additional employees tobe affected by Art ic les 13.3.2 and t3.g. i , i t isunderstood that either the College or Local Unioncan refer the matter to the Employer-Employee Rela-tions Committee for further discussion.

It is also understood that the Colleges will providethe Local Unions, on request, reasonable informationrespecting the locations of V.D.T. equipment in use byemployees in the bargaining unit in the Colleges, andthe classifications of employees engaged in its use.Suci requests shall be made within sixty (60)days afterratification of the Agreement and the Colleges will res-pond without undue delay.

Yours truly,A.M. Pesce,SecretaryStaff Affairs Committee.

Mr. Sean O'Flynn,President,OPSEU

June 23, 1983Dear Sir:

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June 23, 1983Dear Sir:

LETTER OF INTENTThis will confirm certain discussions that took place

during negotiations.It is recognized that four (4) matters have been tenta-

tively agreed to between the parties during negotiationsfor a renewal of the Collective Agreement expiringAugust 31, 1982 and that, since the passage of thelnflation Restraint Act, it has become, or mightbecome, impossible to implement them as part of theoverall monetary package. These items are:

(a) an amendment to Article 6.5, Meal Allowance;(b) an amendment to Article 5.2, Union Business Leave

and a Letter of Intent in connection therewith;(c) an amendment to Article 15.7, Severance Pay;(d)an amendment to Art ic les 13.1.1.1 and 13.1.1.2

Protective Footwear and Prescription Eye Protec-tion Allowance.

With respect to item (d), the Council recognizes thatit is the Union's position that this item is permissibleunder the Act, and that the Union will make applicationto the Inflation Restraint Board for a ruling in thisregard. The Council will not oppose such an applicationand if there are any submissions made by the Unionthat the Council can support, the Council will do so. lfthe Board rules that the improvement to the allowanceis permissible, the Council agrees to implement the

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allowance, and amend the Collective Agreement accor'dingly, effective September 1, 1983'

This will also confirm that the Council recognizesthat there will be an obligation on the Council's nego-tiating committee, when the agreement is renewedagain, to appreciate that items (a), (b), (c), and item (d) ifit is not approved by the lRB, ought to be included inany renewal agreement.

Yours truly,A.M. Pesce,SecretaryStaff Affairs Committee.

Mr. Sean O'Flynn,President,OPSEU

1 .

APPENDIX AJOINT INSURANCE COMMITTEE

SUPPORT STAFF

Name of CommitteeThe Committee shall be referred to as the JointInsurance Committee (Support Staff).Purpose of the CommitteeThe purpose of this Committee is to facilitate com-munications between the Council of Regents andOP,SEtl on the subject of group insurance ippticabtetolhe Support Staff Bargaining Unit, including BasicL. i fe, Supplementary Li fe Insurance, ExiendedHealth Insurance, Long Term Disability Insurance,the Dental Plan and such other negotiated benefitsthat may, from time to time, be included in the groupinsurance plan.Nothing herein shall prevent this Committee frommeeting jointly with any comparable Committee. ifestablished, concerning the Academic Staff Bar-gaining Unit should it be mutually agreed betweenthis Committee and such other C6mmittee.It is understood that the group insurance benefits tobe provided to employees and the cost sharingarrangements shall be as set out in the applicableCollective Agreement and the matters for cbnsidera_tion by this Committee shall be only as set out inthese terms of reference.Composition of the CommitteeThe Committee shall be composed of an equarnumber of representatives from the Council andOPSEU with not more than eight (g) representativesin total. At meetings of the Committee each partymay be accompanied by up to two (2) resource oer_sons to provide actuarial or other technical advice.Additionally, when necessary, representatives of in-surance carriers shall attend meetings to provide

92

information but shall not act as resource persons foreither party.

4. Duties of GommitteeThe duties of the Committee shall consist of the

development of the specif ications for the publictendering of any negotiated benefits which maybe included in the Group Insurance Plan (tocover the bargaining unit onlY);consideration and examination of all tenderssubmitted in response to the specifications fortender and preparation of a report thereon;recommendation to the Council of Regents onthe selection of the insurance carrier or carriersto underwrite the Group Insurance Plans;considerat ion and recommendation to theCouncil of Regents on the renewal of existingcontracts of insurance upon expiry;

(v) review of the financial reports on the Grouplnsurance Plan; and

(vi) review of contentious claims and recommenda-tions thereon, when such claim problems havenot been resolved through the existing adminis-trative orocedures.

5. Specifications for Public TenderWhen specifications for public tender are required toobtain the services of an insurance carrier, the dutiesof the Committee shall be to:(a) develop and recommend specifications for

tender;(b) consider and examine all tenders submitted in

response to the specifications;(c) make a recommendation to the Council of

Regents with respect to the selection of acarrier(s).

The soecif icat ions for tender wi l l descr ibe thebenefits to be provided, the cost sharing arrange-

93

(i i)

( i i i )

(iv)

(a)

(b)

(c)(d)

(e)

ments, the past financial and experience history, theappropriate employee data, the format for theretention illustrations for each coverage, the finan-cial reporting requirements, and other parameters asappropriate. The tendering process will be con-ducted through the Ontario Government's publicTenders Office. Tenders shall be entertained fromany insurance carrier and such carrier may act solelyon its own behalf or may arrange reinsurance asmay be necessary.The basis for recommendation of an insurance car-rier(s)will include the ability of the carrier(s) to under-write the Plan, compliance of carrier's quotation withthe specifications for tender, the carrier's servicecapabilities and the expected long term net cost ofthe benefits to be provided.

Policy RenewalsFollowing receipt of an existing insurance carrier,sproposal for renewal of an insurance contract, thecommittee shall:

examine and analyze the proposal, assessingthe completeness, fairness and validity of theproposal;assess the funding methods employed in the in-surance policy;assess and monitor the deposit accounts;suggest and discuss alternative proposals andfunding methods with the carrier; andmake recommendations to the Council ofRegents with respect to acceptance of the car-rier's renewal proposals, funding methods anddeposit account administration.

The basis for recommendations for renewal willtakeinto account the level of service provided by the car-rier and the expected long term net cost of thebenefits.

7. Experience ReviewThe Committee will also meet as required to reviewthe financial experience under the plans. Thespecifications for tender will describe the informa-tion to be included in the financial statements to beprepared by the insurance carrier(s). These state-ments will include paid premiums, paid claims,changes in reserve requirements for open and forunreported claims, incurred claims, the retentionelements of commissions, taxes, administrative ex'penses, contingency reserve charges and interestcredits on claims and other reserves. The Committeeshall request the insurance carrier(s) to provide suchadditional information as may be necessary.

8. Recommendationslf the Committee fails to agree on any recommenda-tion to the Council of Regents that is contemplatedby these Terms of Reference, the members of thesaid Committee nominated by the Council andOPSEU may each make a recommendation inwriting to the Council of Regents, supported byreasons for their resoective recommendations.It is understood that the Council of Regents at alltimes retains the right to select whatever carrier(s)(to underwrite the group insurance Plans) it may con-sider in the best interest of the employees and Col-leges and, in so doing, is under no obligation toselect a carrier(s) that may be recommended by theCommittee.

94 95

APPENDIX B

INCLUSION PROCEDURESThe following conditions are applicable to persons whoare employed by a College of Applied Aris and Tech_nology (hereinafter called ,,the College,,) in positionsdesignated as Administrative Staff or otherwise exclud_ed from the Support Staff Bargaining Unit and who arefound- to be bargaining unit employ:ees as a result ofspecific decisions of the Ontario Labour RelationsBoard or by agreement of the Council/College and theUnion:

1. Terminology(i) All references herein to Articles, Sections and

Appendices shall refer to Articles, Sections andAppendices of the Collective Agreement forColle_ges of Applied Arts and Technology Sup_port Staff Employees.

( i i ) "Employee" or , ,Employees" shal l refer to

persons who are employed by a College in posi_tions designated as Administrative Staff orotherwise excluded from the Suoport StaffBargaining Unit and who are found to beBargain ing Uni t employees as a resul t o fspecific decisions of the Ontario Labour Rela-tions Board or by agreement of the Council/Col lege and the Union.

2. ApplicationThis Appendix shall apply to any persons included inthe Support Staff Bargaining Unit by decisions of theOntario Labour Relations Board or agreement be_tween the Council/College and the Union, fromJanuary 1, 1980, and thereafter.

3. Determination of Classification(a) (i) Where there is a classification set out in

Appendix E which fairly and reasonably

96

reflects the duties and responsibil i t ies in-volved in the position of the employee,he/she wil l be assigned to that classifica-tion. lt is understood that the employeemay chal lenge the propr iety of suchassignment under Article 18.2.1 and it isl imi ted to a c la im that the assignmentshould have been to another ex is t ingclassification set out in Appendix E. lf theclaim is that there is no appropriate classi'f ication, the matter wil l be dealt with under(b) below.

(i i1 Where there is no classification set out inAppendix E which fairly and reasonablyreflects the duties and responsibil i t ies in-volved in the position of the employee'then Article 18.3 shall aPPlY.

(b) Where he/she claims that there is no appro-oriate classification set out in Appendix E,which fairly and reasonably reflects the dutiesand responsib i l i t ies then such d ispute wi l l bereferred to a joint committee consisting of three(3) representatives of the Union and three (3)representatives of the Colleges acting throughthe Secretary of the Staff Affairs Committee. ltis understood that this claim must be made tothe Committee within thirty (30) calendar daysof the assignment to the classification and thejoint committee must make its determinationwithin ten (10) calendar days of the matter beingreferred to it. l f there is no decision or agree-ment reached within ten (10) calendar days thenthe matter may be referred to Arbitration, byeither party, it being understood that the juris-diction of such Arbitration Board shall belimited to determining whether or not there isany existing classification set out in AppendixE that is appropriate.

97

(i i)

(b)

Determination and Treatment of Wages(a) Where- employees are assigned-to an existing

classification pursuant to 3(a)(i) or if the Com--mittee or Arbitration Board under 3(b) deter-mines that there is an existing appiopriateclassif ication:

(c) lt is understood that reference to "date of inclu-sion" in this Appendix means the date of theOntar io Labour Relat ions Board decisionunless extended by agreement of the parties ordate of any agreement by the Council/Collegeand the Union.

SeniorityEmployees will be accorded full seniority based onlength of service with a College calculated in accor-dance with Articles 14.1 and 15.14.

Vacation(a) Employees will retain vacation entitlement

earned as Administrative Staff or an otherwiseexcluded employee for the vacation year inwhich the date of inclusion occurs and one (1)additional vacation year and vacation pay shallbe in accordance with Articles 11.2, 11.3 and11.4.Effective June 30th of the vacation year there-after and of each subsequent vacation year,there will be a reduction in vacation entitlementof one (1) day until such vacation entitlementcoincides with entitlement under the effectiveCollective Agreement for C.A.A.T. Support Staffand vacation pay shall be in accordance withArt ic les 11.2, 11.3 and 11.4.For the purpose of calculating an employee'svacation entitlement under Article 11, it isagreed that the employee will receive credit forone hundred (100) percent of his/her continuousservice in the college.

7. Basic Life Insurance, Extended Health Insurance,Dental Insurance, Supplemental Life Insurance,Dependent Life Insurance, Shorl Term DisabilityPlan, Long Tenn Disability InsuranceThese Support Staff Plans are effective the first day

99

lf the employee's hourly rate calculated inaccordance with Articles 6.1 and 6.3.1 atthe date of inclusion is less than or withinthe range as set out in Appendix E for theappropriate classification, placement willbe at the step which is appropriate in ac-cordance with the length of service in theposition with the College; it will not be lessthan the hourly rate applicable at the dateof inclusion.lf the employee's hourly rate calculated inaccordance with Articles 6.1 and 6.3.1 atthe date of inclusion is above the range asset ou_t in Appendix E for the appropriateclassification, placement will be at max_imum with no reduction in hourly rate, butthat rate calculated is red circled and issubject to reduction according to futurered circle agreements.

Where there is no appropriate classificationunder 3(a)(ii) or by determination under 3(b), theemployee shall continue to receive his/hei irour-ly rate, calculated in accordance with Articles6.1 and 6.3.1, applicable at the date of inclusionand will be eligible for future general adjusl_ments in rate in accordance with the CollectiveAgreement for Colleges of Applied Arts andTechnology Support Staff untii such time as anew classification and rate is established.When the new classi f icat ion and rate isestablished, 4(a) shail appty as appropriatefrom the date of inclusion.

(b)

(c)

98

8.

of the third calendar month fol lowing date olinclusion.All other terms and conditions of employmentExcept as specifically referred to herein,-employeesshall not be entitled to any terms or conditions con-tained in the Collective Agreement for C.A.A.T. Sup-port Staff employees prior to the date of inclusion.Union DuesUnion dues deductions will commence from the dateof inclusion.

APPENDIX CTERMS OF REFERENCE FOR THE

EMPLOYEE'EMPLOYER RELATIONS COMMITTEEFOR THE COMMUNITY COLLEGES

- SUPPORT STAFF EMPLOYEES _

1. PurposeThe Part ies agree to establ ish an Employee/Employer Relations Committee in order to:(a) Jointly make recommendations to the bargain_

ing teams (Council of Regents/OpSEU) con_cerning subjects of systemwide importance.

(b) Facil itate communications between Manage_ment and the Union at the provincial level in anunconstrained, yet official manner during thelife of the Agreement.Preclude and resolve common problems duringthe l ife of the Agreement.Permit both Parties to enter negotiations withmuch of the groundwork completed.

Membership(a) The Committee will be composed of equal

representation not to exceed a total of ten (10). members (five (5)appointed by each party).(b) Each Party will be responsible for the appoint-

ment of its members and, where possible, con-sideration wil l be given to regional representa-tion to assure the existence of a Provincialcross section. The Union may appoint a UnionStaff person as one (1) of its CommitteeMembers. The C.O.R. may appoint a CollegePresident as one (1)of its Committee members.Each Party shall designate a Co-Chairpersonand they wi l l be responsib le for the co-ordination of the Committee meetings.Notwithstanding 2(a), either Party may inviteone (1)or more persons to provide expertise andadvice on specific items, or as an observer ortrainee, provided prior agreement of the otherParty is secured.Union members of the Committee may bereleased from duty without loss of pay for thepurpose ol attending meetings. Such leave ofabsence shall not be unreasonably withheld,recognizing the need of efficiency of operationsof the College. The Union shall reimburse theCollege for all pay during the leaves of absencegranted hereunder. Union members who are noton duty wil l attend meetings on their own time.Travell ing expenses and other expenses in-curred by the Union members of the Committeewi l l be borne by the Union.

3. Meetings(a ) The f requency o f mee t i ngs sha l l be as

established by the Committee. The Committeeshall endeavour to meet on a monthly basis.

(b) The Committee wil l primarily concern itself withmatters that have systemwide application andother items as mutually agreed upon.

(c) The Committee wil l consider matters of a LocalCollege concern. lt is understood that eitherParty wil l inform the other Party if an item is tobe referred to the E.E.R.C. The Committee wil l

(c)

(d)

(e)

(c)

(d)

2.

I100 101

attempt to resolve a particular concern within atime frame of three (3) meetings unless lheCommittee agrees further progress can beachieved.Local College representatives may be re-quested by either Party to attend an E.E.R.C.meeting to provide clarification.The Committee will not address items that arethe subject of a formal grievance.Management will be responsible for the record-ing of Minutes that will represent the majorsubject matters discussed. The Minutes shallbe signed by the Co-Chairpersons of theCommittee.It is recognized that the Committee is a recom-mending body and not an alternative to theCollective Bargaining process. When a concen-sus is reached concerning a recommendation,the Committee shall forward that recommenda-tion to the appropriate body (i.e. NegotiatingTeam/Council of Regents/Coilege/OpSEU). Bothparties have the option of sending items onwhich there is no consensus to the party theydeem appropriate. ffhis may be in the form of awritten brief to the Negotiating Team/C.O.R./College/OPSEU. Submission should be madethrough the appropriate Co-Chairperson of theCommittee.)

4. GeneralThe Terms of Reference shall be given effect by thesignature of the responsible officials of both partiesincluding the President of the Ontario public ServiceEmployees Union or his/her designate and shall con-tinue during the l ife of the 1983-84 CollectiveAgreement, expiring at any time that the CollectiveAgreement should expire.

(d)

(e)

(f)

DATED TH]S 23RD DAY OF JUNE 1983

For The Ontario Public Service Employees Union

(S. O'FlYnn)

For The Ontario Council of Regents for the Colleges ofApplied Arts and Technology

(A.M. Pesce)

I103

1 .

2.

4.

APPENDIX DAVERAGING OF HOURS

The number of hours of work per week prescribedshall be computed as a weekly average over one (1)calendar year where the duties of an employee re-quire that he/she work more than the number ofhours per week normally prescribed at regularlyrecurring times of the year, or that the number ofhours per week be normally irregular.The average period for the classification wilr con-form to the twelve (12)month calendar period whichreflects the work cycle of that classification, and willbe reported to the Union.Periods of employment of less than twelve ('12)months in an averaging period, e.9., due to appoint-ment, transfer, separation, etc., will be pro-rateo.For the one (1) year averaging period, the hours ofwork required are one thousand eight hundred andtwenty (1820) hours, which corresponds to a thirty-five (35) hour week, one thousand eight hundred andeighty-five (1885) hours which corresponds to athirty-six and one-quarter (361+) hour week or onethousand nine hundred and fifty (1950) hours corre-sponding to a thirty-seven and one-half (3712) hourWEEK.

A record wil l be maintained for each employee af-fected showing a running total of hours workeo onhisiher regular working days and once every three (3)months. When an employee's accumulation of noursworked at the end of each three (3) month period isviewed by the College as excessive, he/she may berequired to take time off, on an hour-for-hour basis,in order to bring his/her hours accumulation into l inewith the hours requirement for the averaging period.In such a case, he/she wi l l be g iven reasonable

notice where circumstances permit, of any suchtime off.At the end of the averaging period, any excess hoursstanding to the employee's credit over and above thestipulated annual hours requirement wil l be con-sidered as overtime and multiplied by one and one-half (1 1z) to show the employee's "overtime credit"for pay or compensating leave purposes.

6. The employee shall be paid for his/her overtimecredits. Such payments shall be made at the hourlyrate he/she was receiving on the last day of theaveraging period.

7. Notwithstanding Paragraph 6, compensatory timeoff may, however, be substituted for payment of over-time credits where there is insufficient work for anemployee to the extent that his/her presence is notrequired for a period of t ime. In such a case, the Col-lege has the authority to direct that the employeetake time off rather than receive pay for his/her over-time credits, and such time off shall be taken duringthe first six (6) months of the next averaging periodat a time mutually agreeable between the employeeand the College.In circumstances other than the above, and wherethe employee and his/her supervisor mutually agreeto compensatory leave, compensatory time off maybe taken within the first month of the next averagingperiod, or at an otherwise mutually satisfactory time.

8. Any hours worked on a holiday or other day that isnot a regular working day for the employee wil l betreated as overtime and converted to "overtime

credits" by multiplying by one and one-half (1 1z) andrecorded for each employee. The employee shall bepaid for all such overtime credits at least quarterlyand at the rate he/she was receiving when the over-time was worked.

I104 105

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