My InfoAssociation of Part-Time Professors of the University of Ottawa - Toronto-Windsor

Article 3 : scope, union representatives, deductions

3.1 Further to the Order issued by the Ontario Labour Board dated September 23, 2017, the Employer recognizes the Association as the sole and exclusive bargaining agent for all part-time academic staff who teach courses for the Faculty of Education at the University of Ottawa in the Greater Toronto area, except for management positions and those covered exclusively by existing collective agreements and those excluded by the Labour Relations Act, as set out in the Ontario Labour Board Certification File No. 0412-17-R.

As well, further to the Order issued by the Ontario Labour Board dated December 7, 2018, the Employer recognizes the Association as the sole and exclusive bargaining agent for all part-time academic staff who teach courses for the Faculty of Education at the University of Ottawa in the City of Windsor, except for management positions and those covered exclusively by existing collective agreements and those excluded by the Labour Relations Act, as set out in the Ontario Labour Board Certification File No. 2560-18-R.

3.1.1 The Parties recognize and agree that employees excluded from the Bargaining Unit may perform instructional and related duties which shall not exceed the current practice.

3.2 UNION REPRESENTATIVES

3.2.1 The Employer recognizes the Association as the sole bargaining agent for the Members of the Bargaining Unit as defined in this Agreement. The Bargaining Unit as defined in this Agreement can be amended only by mutual agreement of the Parties. The Employer agrees that no Employee or group of Employees can undertake to represent the Association to the Employer without proper authorization of the Association. For this purpose, the Association will inform the Employer in writing of the names and position titles of its representatives and the names of its elected Board members. The Employer agrees to recognize the status of these persons on receipt of such notice. Likewise, at the beginning of each academic year, the Employer will provide the Association with a list of persons authorized to conduct business with the Association as well as a list of Employer representatives at various administrative and academic levels. The Employer will inform the Association of any subsequent changes to the list.

3.2.2 The Employer recognizes the right of every Member to participate in all lawful Association activities of their Bargaining Unit, and will not interfere with this right, it being understood that these activities will not interfere with Members’ regular tasks.

3.3 UNION DEDUCTIONS / DUES CHECK-OFF

3.3.1 Each month, the Employer will deduct union dues or assessments from the pay of each Member of the Bargaining Unit, as certified in writing to the Employer by the Association.

3.3.2 The Employer will remit the amount so deducted to the Association at its address by the end of the month in which deductions are made.

3.3.3 The Employer will allow the Association to audit the contracts of any Employees when there is reason to believe that dues have not been deducted accurately.

3.3.4 The Employer will pay to the Association an amount equivalent to the amount that was not deducted from the Employee’s salary as a result of the Employer’s error, if this situation persists for fifteen (15) days following notification by the Association.

3.3.5 If the Employer remits union dues or contributions to the Association that it was not required to deduct from an Employee’s salary, the Employer will inform the Association of this error and the Association must reimburse the amount.

3.3.6 The Association shall indemnify and save the Employer harmless from any and all claims which may be made by an Employee for amounts deducted from pay as provided for in this Article, except for any claim or liability arising out of an error committed by the Employer.

3.3.7 The Association shall provide the Employer with notice of any change in the amount of Union dues or assessments. The implementation shall take place within three (3) months of the notice.

3.3.8 Once a month, the Employer provides the Association with an electronic report with information regarding its Members, including the following: name, Employee number, department, faculty, home mailing address, telephone number, @uOttawa.ca email address and monthly dues deducted. Within ninety (90) days following the ratification of the Collective Agreement by both Parties, they will agree on the exact information to be contained in the report. The bargaining agent will save the Employer harmless in the event any Bargaining Unit Member files a complaint or grievance or asserts a cause of action against the Employer for either the implementation or administration of this report.

3.3.9 All correspondence arising out of or incidental to this Agreement except where otherwise expressly provided shall pass between the Designate of the Association and Academic Labour Relations.