Article 3 : labour-management relations
3.1 APTPUO REPRESENTATION AND ACTIVITIES
The Employer recognizes the APTPUO 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 shall be amended only by mutual agreement of the parties. The Employer agrees that no employee or group of employees shall undertake to represent the APTPUO to the Employer without proper authorization of the APTPUO. In order for this to be carried out, the APTPUO shall provide the Employer in writing with the names and position titles of its Officers and names of its elected Board members. The Employer shall be obligated to recognize the status of these persons listed from the date of such notice. Likewise at the beginning of each academic year, the Employer shall supply the APTPUO with a list of its designated authorities with whom the APTPUO may be required to transact business as well as a list of Employer representatives at the various administrative and academic levels. The Employer shall inform the APTPUO of all subsequent changes to the list.
3.1.2 ASSOCIATION ACTIVITIES
The Employer recognizes the right of every member to participate in any lawful activities of the APTPUO, and it shall not interfere with this right, it being understood that regular scheduled duties shall not be affected by such activities.
3.2 APTPUO REPRESENTATION AND ACTIVITIES
3.2.1 All inherent and common law management functions and prerogatives which the Employer has not expressly modified or restricted by a specific provision of this Agreement are retained and vested exclusively in the Employer.
3.2.2 Without limiting the generality of the above, these rights include, but are not limited to, the right:
- to hire, classify, direct, retire, transfer, lay off or recall and to discharge, reprimand, suspend or otherwise discipline employees for just cause;
- to determine the requirements of a job and the standards of the work to be performed;
- to expand, reduce, alter, combine, transfer or cease any job, department, operation or service;
- to determine the size and composition of the work force;
- to make or change rules, policies and practices, provided that such rules, policies and practices shall not be inconsistent with the terms of this Agreement;
- to maintain order and efficiency and otherwise generally manage the University, direct the work force and establish terms and conditions of employment not in conflict with the provisions of this Agreement.
3.2.3 In exercising its rights and in conducting its employment relations, the Employer shall act reasonably, non-discriminatorily and in good faith.
3.2.4 INFORMATION RELATING TO MANAGEMENT RIGHTS
18.104.22.168 The Employer agrees to provide the APTPUO, upon written request, with timely information on existing rules, policies and practices affecting the employment of bargaining unit members or the working conditions between the Employer and the members.
22.214.171.124 The Employer further agrees to provide the APTPUO through the Labour-Management Committee with timely information on any proposed substantial changes in such rules, policies and practices, as well as the motives for such changes or responses to questions raised by the APTPUO.
126.96.36.199 After the Employer has advised the APTPUO according to article 188.8.131.52, the APTPUO shall have thirty (30) days to comment on such changes before they are implemented, except where such implementation must proceed more rapidly, in which case reasons will be given. Such comments may include alternative proposals to improve the situation. The thirty-day period may be extended if the Labour-Management Committee so agrees.
3.3.1 All correspondence between the parties arising out of or incidental to this Agreement, except where otherwise expressly provided, shall pass between the President (or designate) APTPUO and the management of Faculty Affairs or designate.
3.3.2 Where the Agreement specifies notice in writing or requires the exchange of correspondence, the internal post system of the University shall normally be deemed an acceptable means of communication. Such notices or correspondence may be sent by fax or electronic mail transmission provided the original is also sent through the University's internal postage system without undue delay.
3.3.3 For the purposes of the present collective agreement, and in the absence of proof to the contrary, receipt of any notice or other correspondence shall be deemed to have occurred five (5) working days after the date of expedition for all regular mail, and one working day for electronic mail
3.3.4 Where a member is on leave in accordance with the current collective agreement, the Employer shall forward any notice or other documentation related to the member’s status as part-time professor to her/his last known address.
- A copy of all correspondence from the Employer or its representative(s) to any bargaining unit member, relating to matters covered by Articles 2.3 (absence of discrimination and/or harassment), 2.3.2 (language requirements), 2.4 (accommodation), 2.6 (ethical behaviour), 4 (grievance and arbitration), 5.8.1 (seniority), 5.8.5 (period of interrupted service), 5.11 (cancellation of contract or posting), 6 (discipline and discharge) and 10.10 (academic professional development) shall be forwarded to the APTPUO.
- An APTPUO representative may consult during regular hours any documents held by a department concerning an APTPUO member and, if she makes such a request, obtain copies of said documents at the Association's expense, after giving reasonable notice and upon presentation of written consent of the member, or upon presenting an order from an arbitrator or a court having jurisdiction. In no case can the APTPUO representative remove the file from the department. However, it is understood that the APTPUO representative will have access to a photocopier to make copies.
- Upon making an appointment forty-eight (48) hours in advance, any employee can consult her/ his file at the department during regular office hours. The employee can also be accompanied by a union representative if so desired and as long as she/he advises the department accordingly when making the appointment. Access to the file must be granted in presence of the director or its delegate. The file cannot be removed in any case from the department by the employee or its representative.
- The employee or the union can obtain a copy of any document in the employee's personal file by paying the fee set out in the Ontario Freedom of Information and Protection of Privacy Act.
- The University cannot disclose an employee's personal information, except when complying with the provisions of 3.3.5 b) and Appendix H.
3.3.6 Members must receive all communications, including any complaints and related documents, from the University in their official preferred language of communication.
3.4 LABOUR-MANAGEMENT COMMITTEE
3.4.1 The APTPUO and the Employer acknowledge the mutual benefits to be derived from joint consultation and agree to a Labour-Management Committee consisting of four representatives from each party. The APTPUO representatives shall be the President and three other named persons among the members of the Board of Directors. The Committee shall function in an advisory capacity only, making recommendations to the APTPUO and/or the Employer with respect to its discussions and conclusions concerning the working relations between the Employer and the APTPUO or its members. The Committee shall not have the power to add to or to modify the terms of this Agreement.
3.4.2 Recommendations from the Labour-Management Committee are made to the Employer and to the APTPUO. If implemented the methodology shall be either:
- by an Employer approved policy or
- by corollary agreement between the parties.
3.4.3 Notwithstanding paragraph 3.4.2, neither the Employer nor the APTPUO shall act in a manner contrary to the recommendations of the Committee without having first informed the Committee in writing that it intends to do so.
3.4.4 A representative of each party shall be designated as a joint chairperson and the two persons shall alternate in presiding over meetings. The chair shall prepare the minutes of the meeting.
3.4.5 In addition to its advisory capacity in matters relating to this agreement, the Labour-Management Committee shall function as a forum in which the Employer shall advise the APTPUO of anticipated trends or policy changes which may have a major impact on the bargaining unit or respond to APTPUO questions.
3.4.6 The Committee will meet every six (6) weeks with the first meeting of the year being held in September and the last in June, and following an agreement between the parties for the months of July and August. No later than five (5) working days before the meeting, each party will advise the other of the proposed items for the agenda for the meeting in order to allow for sufficient preparation time. Any additional items would be subject to the approval of both parties.
Of these meetings mentioned above, a meeting in each of the Fall, Winter and the Spring sessions will be set aside for a meeting with the Vice-President, Academic, in order to discuss issues of common interest. Each party will advise the other of the proposed items for the agenda for the meeting at least five (5) working days in advance.
3.4.7 Every November, the purpose of the Labour-Management Committee will be to discuss implementation of articles 5 to 9 of this collective agreement by an academic unit or faculty, as the case may be.
184.108.40.206 APTPUO and the Employer will determine the academic unit to be reviewed no later than thirty (30) days prior to the date of the meeting and the APTPUO must submit the questions or an agenda within five (5) working days before the meeting.
220.127.116.11 The designated representative from the academic unit undergoing the review, two (2) representatives from Faculty Affairs and three (3) representatives from the bargaining unit will be present at the departmental meeting.
18.104.22.168 A subcommittee comprising two (2) APTPUO representatives and two (2) Employer representatives can be established if the parties feel a follow-up with the academic unit is required.
3.5 HEALTH AND SAFETY
3.5.1 The Employer acknowledges its responsibility to provide a safe and healthy working environment, and to provide any facilities, supplies and services, and to follow any procedures required by the Occupational Health and Safety Act to protect the health, safety, and security of employees as they carry out their responsibilities of employment on the Employer's premises. The parties agree that the Employer shall provide, and the member shall make use of, protective equipment whenever such equipment is required by the Act or the regulations pertaining to the Act for the safe performance of the members' responsibilities of employment.
3.5.2 No employee shall be required to act, nor shall she/he act in a manner which constitutes a health and safety hazard.
3.5.3 The Employer will distribute to APTPUO members all Health and Safety notices and information distributed to full-time staff. The Labour-Management Committee will develop a fact sheet dealing with Health and Safety measures and information on responses to emergency situations for distribution to APTPUO members.
3.5.4 The Employer will consult with the Association and inform them of any major changes to Health and Safety Policies.
3.6 TRANSLATION AND DISPERSAL OF THE AGREEMENT
3.6.1 The Employer agrees to translate each clause of this agreement from the language in which the clause was negotiated at the bargaining table into the other official language of Canada at the time of their ratification at the negotiation table. Within three months of the ratification of the new agreement, the Employer shall provide a complete translation to the APTPUO for approval to ensure that the translation is satisfactory to both parties.
The back cover (outside) of the Collective Agreement shall be an information page, printed on coloured paper. Its contents shall be prepared by APTPUO on matters related to the Collective Agreement it wishes to bring to the membership’s attention.
3.6.2 Within thirty (30) days of the approval of the translation of this Agreement by the parties, the Employer shall make available online on its website an electronic copy of the collective agreement that has been signed and ratified by the parties. The Employer shall also inform all APTPUO members of the availability of an electronic copy of the collective agreement found on the Human Resources website. The Employer shall provide at no charge fifty (50) copies of this Agreement to the Association; the Association will bear the cost of any additional copies it requests.
As well, the Employer will add a hyperlink from the Human Resources website to the APTPUO website, so that members can read the back page of the agreement, which contains information provided by the Association.
3.7 APTPUO MEMBERSHIP
3.7.1 Any employee excluded under section 2.1 who performs part-time teaching for additional remuneration shall make payments in accordance with section 3.8.
3.8 DUES CHECK-OFF
3.8.1 Each month, the Employer shall deduct from the salary (if any) of each member of the bargaining unit a sum equal to the monthly dues and/or assessments as certified in writing to the Employer by the Treasurer of the APTPUO.
3.8.2 In addition, the Employer agrees to deduct equivalent monthly dues and/or assessments from the salary of any employee as described in 3.7.1.
3.8.3 The Employer shall remit the amount so deducted to the Treasurer of the APTPUO at the APTPUO's address by the end of the month in which deductions are made.
3.8.4 The APTPUO shall indemnify and save the Employer harmless from any and all claims which may be made against it by an employee or employees for wrongful amounts deducted resulting from the APTPUO's incorrect instructions or lack of instructions.
3.8.5 The Employer shall allow the APTPUO to audit the contracts of any employees where the APTPUO has reason to believe that the dues have not been adequately deducted.
3.8.6 Subject to paragraph 3.8.2, the Employer shall pay to the APTPUO the equivalent amount which was not deducted from the employee's salary as a result of the Employer's mistake, if such mistake persists for more than fifteen (15) days following notification by the APTPUO.
3.8.7 If the Employer remits to the APTPUO dues and/or assessments from the salary of any employee who is not required to pay the dues, the Employer shall inform the APTPUO of this error and the APTPUO shall reimburse the amount so received.
No employee shall be required to work on any of the following holidays: New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day, Boxing Day, any other statutory holiday, and any holiday declared by the President of the University.
3.10 BULLETIN BOARDS
The Employer agrees that the APTPUO is entitled to a reasonable amount of space on existing bulletin boards for official APTPUO notices in all academic units.
3.11 MAIL SERVICE
It is acknowledged that the APTPUO may make use of the University's internal post services for the purpose of communication with its members and the Employer. Circular letters, memoranda, and general correspondence from the APTPUO to its members will be delivered to the members through the member's department. Where individual mailboxes for APTPUO members do not exist, chairpersons will make appropriate arrangements for such mail to be delivered. APTPUO shall cover the costs of all its correspondence to members residing outside the Ottawa area and teaching in off-campus centres. The APTPUO may use the University’s external postal services, and the Association agrees to reimburse to the University the postal fees for such service.
3.12 SERVICES AND FACILITIES
3.12.1 The parties acknowledge that the APTPUO is presently occupying premises located at 85 University Private, Room 124, and the Employer undertakes to continue to rent such space, or similar centrally located space in the event that the present location is unavailable, to the APTPUO up to a maximum of 600 sq. ft. at the maintenance rate determined annually by the Employer in accordance with working practices.
3.12.2 On request, the Employer agrees to provide two parking spaces close to the APTPUO office on a yearly basis. The APTPUO will pay the appropriate parking fee.
3.12.3 The Employer shall provide the APTPUO with suitable rooms as required for Union business, free of charge, provided reasonable notice is given and space is available.
3.12.4 The APTPUO shall have access to the following services of the University of Ottawa at standard rates for internal users, subject to cost recovery: telephones, mail services, audiovisual and reprographic services, computing and communication services, translation services, material management services, archives and library services.
3.13 SERVICE ON THE EXECUTIVE OR OTHER COMMITTEES
On September 1 of each year, the Employer will pay to the APTPUO a sum equal to the basic rate for seven (7) 3-credit courses to be used to compensate members of the executive, bargaining committee, and other committees or the expenses thereof.
3.14 Once a month, the Employer shall provide the APTPUO with an electronic report which includes information regarding their members such as: names, employee numbers, departments, faculties, positions, home mailing address, telephone numbers, uOttawa email address, monthly dues deducted and summary of same. The parties will agree within a period of ninety (90) days following the ratification by both parties to the exact information and data to be contained in the report. The bargaining agent shall 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.