Article 3 : rights and obligations of the parties
3.1 Union recognition
- As per the February 26, 2008 decision of the Ontario Labour Relations Board number 3374-07-04 , the University recognizes CUPE/SCFP as the sole and exclusive bargaining agent and representative for all members of the bargaining unit set out as: ‘All employees of Université d’Ottawa/University of Ottawa in the City of Ottawa employed as lifeguards, head guards and swim instructors, save and except supervisors, persons above the rank of supervisor and employees in bargaining units for whom any trade union held bargaining rights as of January 31, 2008.’
- Supervisors or persons whose jobs are not in the bargaining unit shall not work on any jobs which are included in the bargaining unit, with the exception of Article 7.16 and 7.17 of the Agreement.
3.2 Management rights
The Union recognizes that it is the function of the University:
- In exercising its rights and in conducting its employment relations, the University shall act reasonably, non-discriminatorily, and in good faith;
- To establish hours of operation and program hours;
- To assign work tasks;
- To determine the employment standards, qualifications and competencies for each job classification;
- To maintain order, discipline and efficiency;
- To suspend, discharge or otherwise discipline employees;
- To exercise its functions of direction, administration and management, subject to the provisions of this Agreement.
3.3 Further provisions
- No employee shall be required or permitted to make an agreement with the University or its representatives which may conflict with the terms of this Agreement, without the proper written authorization of the Union.
- The University will not undertake any lock-outs and the Union will not undertake any form of strike, work stoppage or work slowdown, for the duration of the Agreement.
- All correspondence between the Parties will include a Union representative, the representative of the local and the Director of Labour Relations of the University, or their designate.
- Three (3) hard copies of the Agreement will be placed in the Lifeguard office.
- The University will provide the Union with a paper copy and an electronic copy of the ratified Agreement, followed by the signed Agreement.
- An electronic copy of the signed Agreement will be forwarded by the University to all employees via their email listed on the seniority list.
- Upon hiring, the University shall forward an electronic copy of the Agreement to all new employees and the e-mail address of the president of the lifeguard local.
- The University will notify the Union in writing, at least twenty-four (24) hours ahead, of all layoffs and of all employees recalled working after being layoffs
3.4 The University and the Union agree that there will be no discrimination, intimidation, interference, restriction or coercion exercised or practiced with respect to any employee of the bargaining unit in any matter concerning the application of the provisions of this Agreement, or in any manner prohibited under the Ontario Human Rights Code.
3.5 New employees must undergo a minimum of three (3) hour training session including but not limited to: provincially mandatory training, a facility orientation, safety and emergency procedures, a review of WHMIS and MSDS, and all accessibility training protocols for the University.