The University of Saskatchewan
The Administrative and Supervisory Personnel Association
2011/2012, 2012/2013 and 2013/2014
1 May 2011 – 30 April 2014
TABLE OF CONTENTS
ARTICLE AND DESCRIPTION PAGE
Article 1 – Preamble 5 Article 2 – Management of the University 5 Article 3 – Scope and Recognition 5 Article 4 – Strikes and Lockouts 6 Article 5 – Association Security 7 Article 6 – Administrative Employees Consultative Committee (AECC) 9 Article 7 – Recruitment and Retention of Employees 9 Article 8 – Probationary Period for Permanent and Seasonal Appointments 11 Article 9 – Assignment and Assessment of Duties 13 Article 10 – Market Adjustments 19 Article 11 – Promotions and Transfers 20 Article 12 – Benefits 20 Article 13 – Employment of Persons of the Same Family 26 Article 14 – Unacceptable Performance and Misconduct 26 Article 15 – Termination of Employment 28 Article 16 – Layoff 29 Article 17 – Problem Resolution Process 31 Article 18 – Official Employee File 34 Article19 – Holidays and Vacation 34 Article 20 – Leaves 36 Article 21 – Use of University Premises 41 Article 22 - Discrimination & Harassment 42 Article 23 – Miscellaneous 42
Schedule 1 - Salary Ranges 45 Appendix 1 – Memoranda of Agreement 47 Accommodation of Disability 47 Adjunct Agreements 47 ASPA Representation on University Committees 47 Employment Equity 48 Job Sharing 48 Letter of Understanding - “Normal Hiring Point” 49
This Agreement is Made This 9th day of December 2011
The University of Saskatchewan
A Body Corporate Hereinafter Referred to as “The University”
The Administrative and Supervisory Personnel Association
Hereinafter Referred to as “The Association”
Academic Year is defined as the period July 1 to June 30.
AECC is the acronym for the Administrative Employees Consultative Committee (Article 6).
Agreement refers to the Collective Agreement between the University of Saskatchewan and the Administrative and Supervisory Personnel Association.
Annual Membership Salary refers to all salary from which dues are deducted.
ASPA is the acronym for the Administrative and Supervisory Personnel Association.
ASPA representative refers to a person who has been designated by the ASPA Executive to represent the association in a specific capacity.
Associate Vice-President, Human Resources refers to the Associate Vice-President, Human Resources or a person designated to act in his/her place.
Association refers to the Administrative and Supervisory Personnel Association (ASPA).
Board of Governors is responsible for overseeing and directing all matters respecting the management, administration and control of the university’s property, revenues and financial affairs.
Department refers to an academic department, an administrative department, a college, a school, an institute, an administrative unit, a division or the Library.
Department Head refers to the head of an academic department, the head of an administrative department, the xxxx of a college, the director of a school, institute or administrative unit, the head of a division, the Librarian or other administrative head.
Employee refers to any person in the employ of the University of Saskatchewan.
Employer refers to the University of Saskatchewan. Fiscal Year is defined as the period May 1 to April 30. FTE refers to full-time equivalent.
Human Resources refers to an administrative unit within the Vice-President, Finance and Resources office representing the University in matters related to human resource management.
Labour Relations Board adjudicates disputes arising under The Trade Union Act and other Saskatchewan labour legislation. The Board operates in a quasi-judicial manner, holding formal public hearings and rendering written decisions. The Board administers The Trade Union Act, The Construction Industry Labour Relations Act, 1992 and The Health Labour Relations Reorganization Act. These laws apply to most unionized employees in Saskatchewan.
Member refers to a person appointed to an Administrative, Professional or Technical Officer position as defined by the Labour Relations Board Order (602-77) dated at Saskatoon, 31 October, 1978 and amendments.
Normal retirement refers to the 30th day of June coinciding with or next following the members 67th birthday.
President refers to the President, University of Saskatchewan or designate.
President of the Association refers to the President of the Administrative and Supervisory Personnel Association or designate.
Retirement occurs when a member elects to leave employment at the University and is immediately eligible for University of Saskatchewan pension benefits.
Service refers to the time spent by a member performing the duties assigned by the employer except when calculating the vacation accrual rate where service refers to all continuous employment of the individual with the employer.
Supervisor refers to the person who directs the work of a member and to whom the member reports.
Types of Employees refers to permanent, seasonal, term and casual (Article 3.4).
University refers to the University of Saskatchewan.
Vice-President refers to any of the Vice-Presidents of the University or designate.
Vice-President (Finance and Resources) refers to the Vice-President (Finance and Resources) of the University or designate.
ARTICLE 1 – PREAMBLE
In recognition of the need for the successful operations of the University, both parties to this Collective Agreement agree to cooperate within the spirit and scope of this Collective Agreement to promote harmonious relations and settled conditions of employment and to facilitate the peaceful settlement of all disputes and grievances affecting the terms and conditions of employment provided in this Collective Agreement.
ARTICLE 2 – MANAGEMENT OF THE UNIVERSITY
The Association recognizes that the management of the University and the direction of employees are vested exclusively with the University. The University agrees that the exercise of its management and directory functions will be consistent with the terms of this Collective Agreement.
ARTICLE 3 – SCOPE AND RECOGNITION
The University recognizes the Association as the exclusive bargaining agent of the members of the bargaining unit (whether probationary, permanent, seasonal, term or casual) as defined by the Order of the Saskatchewan Labour Relations Board, dated at Saskatoon, Saskatchewan on the 31st day of October, A.D. 1978, or as may be amended from time to time by the Labour Relations Board or by mutual agreement of the parties to this Agreement.
Decisions regarding grievances and interpretations of this agreement will be recorded and exchanged, in a timely manner, between the Associate Vice-President, Human Resources and the President of the Association.
3.3 Notification of Change of Status
Human Resources must notify the Association within thirty (30) days when it is known that a change in the status of a member or position will occur. The Association will have a reasonable amount of time to consult where appropriate and arrange a meeting of the Administrative Employees Consultative Committee (AECC) (Article 6) to discuss concerns about the change or proposed change. Recourse to this meeting procedure does not preclude any action taken under other clauses of the Agreement including the grievance procedure.
3.3.1 Access to Member Information
To better serve its members, ASPA requires access to member information. Human Resources will continue to provide ASPA with access to member information via the human resources information system. The Association’s access to member information on the human resources information system shall be changed by agreement.
3.4 Types of Employees
3.4.1 Permanent Employee refers to a member who has successfully completed the probationary period (Article 8) and whose employment is expected to continue indefinitely.
3.4.2 Seasonal Employee refers to a member who occupies a recurring seasonal position and who has successfully completed the probationary period (Article 8). Such a member has the expectation that the recurring employment will continue indefinitely.
3.4.3 Term Employee refers to a member hired for a stated period of time. A term employee will be eligible for benefits as provided in Article 12. In such cases, any waiting period shall be calculated taking into consideration any previous continuous employment.
18.104.22.168 Term Employee to Permanent or Seasonal Employee Status
A member who has completed two (2) years of continuous service in the same position and same department which is half time or greater will be granted permanent status.
When a member is replacing an absent employee due to disability, his/her status will be changed to permanent after thirty (30) months of continuous service in the same position.
A member who has worked at least half time in the same position and same department for at least six (6) months in each of two (2) consecutive years will be granted seasonal status.
This article will not apply in all other cases where a member is replacing a permanent member on an approved leave.
The granting of permanent or seasonal status will not be unreasonably denied.
3.4.4 Casual Employee refers to a member whose hours of work are for brief or irregular periods.
3.5 Rights of Members
All members of the Association are entitled to all the rights, benefits and provisions of this Agreement except where specifically limited by articles or clauses in the Agreement.
ARTICLE 4 – STRIKES AND LOCKOUTS
The Association shall not declare or authorize a strike, work stoppage, or similar industrial action by its members while this Agreement is in force, provided there is no lockout or similar industrial action by the University.
The University shall not declare or cause a lockout of members or similar industrial action while this Agreement is in force, so long as there is no strike or work stoppage, or similar industrial action by the Association.
4.3 Refusal to Cross Picket Line
A member who refuses to cross a picket line established by another certified bargaining agent, in consequence of a strike, shall not be in breach of this Agreement and shall be subject to a loss of pay but not subject to any disciplinary action.
ARTICLE 5 – ASSOCIATION SECURITY
5.1 Association Membership
All employees who are now or hereafter become covered by the Association bargaining certificate will, as a condition of employment, become members of the Association.
5.1.1 Information for New Members
Monthly, the University will provide the Association with access to a list of new employees eligible for membership in the Association. The Association reserves the right to meet with new members during normal working hours with no loss of salary.
5.2 Deduction of Association Dues
Association dues are a condition of employment for members. The President of the Association will inform the University in writing of the amount of dues and other such assessments that will be deducted monthly from members’ pay cheques. The University will deduct this amount from each pay cheque and remit the total to the Treasurer of the Association prior to the 10th day of the following calendar month. Each remittance will be accompanied by a list of members’ names along with type and amount of deduction made for each member.
5.3 Dues Receipts
Statements of income when issued shall reflect the amount of dues paid in the relevant taxation year.
5.4 Time Off for Association Business
5.4.1 Members Attending to Association Business
The University agrees to allow members to attend to Association business during regular hours of work with no loss of salaries or wages. Association meetings may include, but are not limited to the Annual General Meeting, ratification meetings, Committee meetings and other meetings held at the request of the University. Time off with pay for members to attend Association meetings and related business should be subject to
normal operating requirements of the University. Time off for members to attend to these matters shall not be unreasonably denied.
5.4.2 Association Representatives Attending to Joint ASPA / University Meetings
The Association will provide to the University a list of elected and appointed officers of the Association along with a description of their role and authority. The Association will notify the University promptly in the case of changes in the roster and roles of elected and appointed officers. The University agrees to allow elected and appointed officers to attend and to prepare for joint ASPA and University meetings during regular hours of work with no loss of salaries or wages.
ASPA and the University agree that every effort will be made to schedule joint ASPA / University meetings during the normal working hours of all elected or appointed ASPA officers on the committee(s).
5.5 Leave for Officers and Reimbursement for Meetings
5.5.1 Leave for ASPA Officer(s)
The University will grant leave with pay for up to one (1) FTE so that an officer who has been elected or appointed by ASPA may conduct business on behalf of the Association. The leave so granted may be allocated at the discretion of ASPA to one or more officers of the Association in fractions ranging from one-quarter (1/4) FTE to one (1) FTE so that the sum of all such allocations shall not exceed one (1) FTE.
Where leave is provided to an officer of the Association, in order to facilitate suitable arrangements being made in the officer’s department for the accommodation of the leave, the Association will notify the University not later than 31 May in each year with the details of the allocation of leaves as specified above.
Where leave is provided to an officer of the Association, there shall not be any loss of salary or benefits to the officer.
Each employee on such leave with pay at his/her current salary will return to his or her position at the end of the leave. As deemed necessary by the University, any training required for the employee to again fulfill the duties of the position on his/her return, will be provided by the University.
5.5.2 Reimbursement for Association/Management Meetings
The University will provide reimbursement in the amount of 0.2% of annual membership salary to be paid to departments as designated by the Association for employees who are required to attend joint Association-Management meetings. The Association will advise the University, in writing, of the amount of the payments and the departments to which they should be directed.
ARTICLE 6 – ADMINISTRATIVE EMPLOYEES CONSULTATIVE COMMITTEE (AECC)
6.1 Membership and Purpose
This Committee shall consist of representatives of the Association and representatives of the University. The main purposes of the Committee are:
a) to consider matters relating to the interpretation and application of the Agreement and
b) to discuss and settle, if possible, matters of mutual concern (except for grievances or changes in the Agreement).
6.2 Schedule of Meetings
Meetings shall be held at a time and place fixed by mutual consent. Such meetings shall be held once a month, unless there is mutual agreement between the parties to cancel or postpone a meeting.
Special AECC meetings may be called by the Association or the University by mutual agreement to deal with special cases in the informal problem resolution process (Article 17.1).
6.3 Agenda for the Meetings
An agenda will be distributed before the meeting. Lack of notice of a matter to be discussed shall not preclude the matter from being discussed at the meeting.
ARTICLE 7 – RECRUITMENT AND RETENTION OF EMPLOYEES
7.1 Advertising of Positions
Human Resources will advertise all Association positions of a duration of more than four (4) months and with a full-time equivalent that is equal to or exceeds 0.5. The Association, after being notified, will waive the posting of an extension for a maternity or a parental leave replacement that has been previously posted.
7.2 Advertising Procedure
All positions advertised will be posted by Human Resources for a minimum of one (1) week. All applications will be directed to Human Resources. Members will identify their membership in the Association when applying for a position within the scope of ASPA.
7.2.1 Job Placement Requirements for Advertising
Vacant positions will be advertised at the same range as when vacated except in the case of reorganization or reassignment of duties or functions. For such redefined positions, the phase and/or family may be altered and a new salary range established. New positions will normally be advertised with an assigned pay range.
7.3 Consideration of Member Applicants
Members who apply for advertised Association positions on or before the closing date and who meet the minimum qualifications will be interviewed. All member applicants will be advised, in writing, of the result of their application.
7.4 Letter of Offer
The University must extend written letters of offer to individuals being offered positions within the scope of ASPA. Appointments are not official until the individuals have accepted the offer in writing. Members shall forward a copy of their accepted Letter of Offer to the Association within ninety (90) calendar days.
7.5 Promotions and Transfers
A promotion occurs when a member is successful in obtaining a new position that is recognized by a higher salary.
Appointments that are defined as promotions are probationary as specified in Article 8. A member with permanent status who accepts a promotion and fails to successfully complete the probationary period in the new appointment shall be eligible for all applicable provisions as specified in Article 16.
When a member’s salary is changed by promotion the new salary shall be within the range of the new position. The new salary will be at least 3% of the target point in the new phase higher than the former salary or the minimum of the new phase (whichever is higher).
A transfer occurs when a member is successful in obtaining a new position that is recognized by the same or lesser salary. The Association will be consulted before any transfer occurs that will result in a decrease in salary or phase.
Appointments that are defined as transfers are probationary as specified in Article 8. A member with permanent status who accepts a transfer and who fails to successfully complete his/her probationary period in the new appointment shall be eligible for all applicable provisions as specified in Article 16.
If a member’s salary is changed by transfer, the new salary shall be within the range of the new position.
ARTICLE 8 – PROBATIONARY PERIOD FOR PERMANENT AND SEASONAL APPOINTMENTS
The most valid process to gauge a member’s level and quality of performance is to view his/her activity during a probationary period. Noting the annual cyclical nature of the work at the University, an initial probationary period of one (1) year is recommended.
Members must be evaluated during their probationary period as outlined in Article 8.3.
8.1 Probationary Period for Permanent and Seasonal Employees
Appointments to Permanent and Seasonal positions shall be probationary per Table 8.1 – Declining Balance of Probationary Period. Under special circumstances specified by Human Resources and agreed to by the Association, the probationary period required can be reduced or waived.
A member who has completed a probationary period and who accepts another new permanent ASPA appointment is subject to a probationary period reduced by one (1) month for each complete year of service, such years to be calculated from the start of his/her first probationary period as a member, declining to a minimum of three (3) months until the twelfth (12th) year of service, at which time the probationary period is waived.
TABLE 8.1 - Declining Balance of Probationary Period
Years of Service as an
12 and more
8.2 Term Employees and Probation
Term employees, by the nature of the position’s status, do not have a probationary period as it occurs in permanent positions. However, throughout the first year in a position, term employees must be provided with timely and constructive feedback by their supervisor on how they are meeting the objectives of the work plan. Performance must be discussed with the member and documented including a proposed action plan. Should a term employee’s position become permanent his/her probationary period will be prorated based on his/her service to the
University in that position. This service to the University is also considered when determining eligibility for benefits.
A member with term status, who is terminated for not being suitable for continued employment in the position, will be given one (1) month pay in lieu of notice.
If an employee in a term position, with permanent incumbent status is determined to be not suitable for continued employment in the position, he/she shall be eligible for all applicable provisions as specified in Article 16.
8.3 Systematic Assessment of Performance While on Probation
Throughout the probationary period the department head or supervisor will provide timely and constructive feedback to the member in meeting the objectives of the work plan (Article 9.2.1). Performance must be discussed with the member and documented, including a proposed action plan(s).
8.4 Final Probationary Assessment
At least thirty (30) days before the probationary period ends, the department head will recommend in writing to the Associate Vice-President, Human Resources (only) with a copy to the member and the President of the Association:
a) that the member’s appointment be confirmed as permanent or seasonal in the position held;
b) that the probationary period be extended for a further three-month period, giving reasons. This must be approved by mutual agreement between the University and the Association;
c) that the appointment not be continued giving reasons. Prior to the University making a final determination, a meeting of the department head, the University, the Association and the member will be held to review the recommendation.
8.5 Termination of Probationary Appointment
At any time prior to the final probationary assessment the department head may recommend that the appointment not be continued. This must be done in writing as outlined in Article 8.4.
A member with permanent or seasonal status who fails to successfully complete the probationary period in the new appointment shall be eligible for all applicable provisions as specified in Article 16.
A member without permanent or seasonal status who is terminated during the probationary period will be given one (1) month notice or pay in lieu.
8.6 Positions Brought into the Scope of the Association
The University will use the employee’s service to the University to determine eligibility for benefits and length of probation for positions brought into the scope of the Association. Employees with more than one (1) year of continuous service to the University prior to the position coming under the jurisdiction of the Association will have served their probationary period. If employees have less than one (1) year of service, their probationary period will be prorated.
ARTICLE 9 – ASSIGNMENT AND ASSESSMENT OF DUTIES
9.1 Position Profile, Placement and Review of Positions
9.1.1 New Positions
New Positions within the scope of ASPA will be placed in a family and phase by Human Resources based on the criteria matrix established for positions within the scope of ASPA. Any member and/or manager who believes the position has been inappropriately placed may request a review in accordance with Article 9.1.2.
9.1.2 Review of Position Job Family and/or Phase
Any member and/or manager who believes the position in question has changed and the current placement no longer accurately reflects the position, may request a review of the position at any time. A review can occur once per 12 month period and will be conducted by a joint review committee made up of two (2) members from ASPA and two (2) members from management.
9.1.3 Salary Adjustments through Review
If the review results in a position placement to a lower or higher phase, the position and salary will be adjusted to the appropriate family and phase or the salary will be red- circled at its current level if the salary is above the maximum of the new salary range.
Adjustments as a result of a review will be effective to the first of the month closest to when the request for review was received by Human Resources.
9.1.4 Appeal of Position Review Decisions
If a member and/or manager is dissatisfied with the decision of the joint review committee, either party may request an appeal within thirty (30) days of receipt of the written decision. A joint appeals committee, made up of two (2) members from ASPA and two (2) members from management who were not part of the original review committee, will review these requests and render a written decision. All decisions of the appeals committee are final and not subject to the grievance procedure.
9.2 Performance Management
9.2.1 Work Plan Development Including Hours of Work
The University and the Association recognize the benefit of work plans for members and encourage members and their supervisors to develop these plans.
This clause specifies the expectation for the development of a work plan for each position, including the determination of hours of work. These plans should provide for an appropriate balance of work life and personal life and equity across the bargaining unit. The plans will be developed in a consultative fashion and will provide flexibility in meeting the needs of the member and the University. These work plans will be subject to change to meet the varying demands of the University, the department and the member.
The University and the Association understand the intent of work plans to be a support tool which clearly sets expectations for members and their supervisors. The work plan is jointly developed by members and their supervisors to ensure the plan is practical, reasonable, resources are available and that both parties understand the priorities and responsibilities. The parties may choose to use a standard template jointly developed by the Association and the University. The parties recognize that work plans may take time to phase in if it has not been standard practice.
Members and their supervisors are encouraged to develop and document a work plan. This work plan will outline the hours of work within an annual framework of 1950 hours (weekly average of 37.5) and priorities for duties and deliverables. These work plans should be reviewed every four months and revised, if necessary. One of the reviews will form a basis of the annual performance appraisal which will encompass the previous year’s performance and which will be forwarded to Human Resources.
In documenting expectations of hours of work, consideration should be given to the core hours of the University (8:30 a.m. – 4:30 p.m., Monday to Friday), the regular operating hours of the unit and the need to balance work and personal life.
If the hours of work required by the University will exceed the annual framework of 1950 hours (weekly average of 37.5) or require work outside of scheduled work hours, additional compensation in the form of time off with pay, or additional pay will be provided and will form part of the work plan. Contact Human Resources to discuss the appropriate level of compensation.
If the parties experience difficulty in developing suitable work plans or compensation arrangements, they should consult Human Resources or the Association.
9.3 Performance Review
9.3.1 Annual Performance Review of Permanent, Seasonal and Term Employees with 0.5 FTE or Greater
Twice a year, Human Resources will send a reminder to all supervisors regarding performance feedback. At least once per year, using the work plans as a basis, the supervisor shall meet and discuss the performance of duties with each member. The supervisor will then complete a performance feedback and development plan. A copy will be provided to the member. The member may attach a personal statement to the feedback or may forward it directly to the Associate Vice-President, Human Resources, with a copy to the supervisor. Members who do not receive performance feedback may apply to Human Resources or the AECC requesting an intervention aimed at having their department provide timely feedback.
Effective 1 May of each year, increments of 2% are provided up to the target point of the salary range to recognize growth in proficiency from experience and a satisfactory level of performance over a given time span, usually one (1) year. If a member’s performance is considered unsatisfactory, the annual increment may be withheld. If the increment is to be withheld, the member will be given reasons in writing as soon as possible after the decision is made with a copy provided to the Association. Withholding an increment will be grievable subject to provisions of the grievance procedure (Article 17.2)
22.214.171.124 Increment Date
The increment date for all members is 1 May. Where the date of appointment is not 1 May, the increment adjustment is as follows:
(a) Appointments effective between 1 May and 31 July inclusive will entitle the member to a full increment.
(b) Appointments effective between 1 August and 30 April inclusive will entitle a member to an increment pro-rated on the basis of the number of days by which the effective date precedes 1 May.
Once an employee has reached the target point of his/her salary range, subsequent increases will be based on market and merit adjustments.
126.96.36.199 Merit Awards
Merit increases may be awarded when proficiency, growth and levels of performance are considerably better than what is viewed as “normal” and recognizes exceptional contributions.
Merit increases may be provided in one of two ways – base salary increases or lump sum bonuses. Base salary merit increases will be added to a member’s base salary providing such an increase does not exceed the maximum of the salary range. If the salary increase would cause the member’s salary to exceed the maximum of the salary range, a salary increase up to the maximum of the salary range will be added to the base-salary and the remainder will be paid as a lump sum bonus. Lump sum bonuses will not be added to a member’s base salary.
Effective May 1, 2012, 1.33% of the total annual membership salary from the previous fiscal year is allocated for base salary merit increases. The percentage merit increase for each year is calculated based on the total base salary allocation divided by the total actual salaries of the members awarded base salary merit increases.
Effective May 1, 2012, 0.67% of the total annual membership salary from the previous fiscal year is allocated for lump sum bonuses. The lump sum percentage award for each year is calculated based on the total base salary allocation divided by the total actual salaries of the members awarded lump sum bonuses.
It is intended that up to 60% of eligible members will be awarded a merit award in any given year with approximately two thirds receiving base salary merit increases and the other one third receiving lump sum bonuses. All available funds will be dispersed to the meritorious recipients.
Merit decisions are not subject to the grievance procedure.
188.8.131.52 Merit Award Eligibility and Effective Date
In order to be recommended for merit, a member must be in the same position, in the same department as of 1 November of the current fiscal year.
The base salary award allocation will be effective 1 July.
184.108.40.206 Merit Process
The University will provide to xxx College Dean or Administrative Head the eligibility of ASPA members and the number of total merit allocations available
for both salary increase and lump sum bonus awards that can be issued in the College ox Xxit.
The Dean or Administrative Head is accountable for developing the unit’s merit process, in conjunction with the ASPA collective agreement, and determining the decision making process for merit awards for ASPA members within their College or Unit.
A merit recommendation form must be completed with a full written ratxxxxle.
The Dean or Administrative Head is to forward all merit documentation to Human Resources by 15 June.
The Merit Audit Committee may xxxuest the Dean or Administrative Head to report on the College/Unit merit process in order to fulfill the audit process.
220.127.116.11 Merit Audit Committee
The Merit Audit Committee (MAC), chaired by the Associate Vice-President, Human Resources, has the authority to perform a systematic assessment of the effectiveness of any College/Unit merit process. The MAC makes recommendations, which will be forwarded to both the ASPA Executive and Human Resources for consideration.
Membership shall consist of four (4) representatives appointed by the Association and four (4) representatives appointed by the University one of whom is the Associate Vice-President, Human Resources.
If a member or manager is dissatisfied with the outcome of the merit process, either party may request a systematic review be conducted by the Merit Audit Committee. Requests must be forwarded to Human Resources by 15 October.
18.104.22.168 Merit Utilization Statement
Annually, the University shall provide ASPA a report listing the allocation of merit awards that occurred in the previous fiscal year.
9.3.4 Adjustment to Salary Ranges and Salary
22.214.171.124 Salary Ranges
Effective 1 May 2011, the salary ranges will be adjusted by 1.5%. Effective 1 May 2012 and 2013, the salary ranges will be adjusted by 2.0% (see Schedule 1 – Salary Ranges).
Effective 1 May 2011, a base salary adjustment of 1.5% for all active members up to that maximum of the new salary ranges will be provided. Effective 1 May 2012 and 2013, a base salary adjustment of 2.0% for all active members up to that maximum of the new salary ranges will be provided.
9.4 Other Assignments
9.4.1 Additional Assignments
Under certain circumstances, it may be appropriate for members to assume responsibilities in addition to their regular duties for which they may receive extra remuneration, e.g. teaching a class, marking papers, additional administrative duties, assuming more senior responsibilities in a temporary capacity, or any project where significant extra time is required.
Permission to assume such additional responsibilities must be obtained from the department head and the Associate Vice-President, Human Resources.
9.4.2 Acting Appointments
When a member is requested to take on additional responsibilities on an acting basis additional compensation will be provided. The extent and nature of additional compensation will be determined by the department head and the member, in consultation with the Associate Vice-President, Human Resources and, at the member’s request, the President of the Association.
9.4.3 Entry and Re-entry of Members from Excluded Positions
126.96.36.199 Temporary Appointment to Out-of-Scope Position
A member who is appointed to a position excluded from the Association shall cease membership and stop paying dues for the duration of the appointment provided the appointment is for more than thirty-one (31) calendar days. At the completion of the appointment to an excluded position, the member will automatically become eligible for Association membership, will commence paying dues and will have all rights and privileges (which are possible at the time) as if membership had been held continuously throughout the period of appointment to the excluded position.
188.8.131.52 Reappointment to In-Scope Position
A member reappointed to a position in the Association, who has had previous continuous employment with the University, will become eligible for membership and will commence paying dues upon appointment. Except for the probationary requirement, the member will have all rights and privileges (which
are possible at the time) as if membership in the Association had been throughout the member’s University employment.
9.5 Outside Employment
Association members may undertake outside employment providing such employment does not interfere with the member’s day-to-day University duties. Members must inform their department head prior to accepting or initiating outside employment which could be perceived to be a conflict of interest.
Permission of the University Board of Governors must be obtained before a member agrees to act as a Director or an Officer of a company.
A full statement of the University Board of Governors policy is obtainable from Human Resources.
9.6 Membership in Professional Associations
Where membership in a professional association is required by the University, an eligible member as defined in Table 12.B, such membership will be paid by the University. In certain cases, it may be feasible for the University to obtain an institutional membership in lieu of underwriting the memberships of individual members. Inquiries as to eligibility should be referred to the Associate Vice-President, Human Resources. Human Resources will include in the job posting a reference to any employment requirement to hold membership in professional associations. Department heads should include these requirements in employment letters of offer.
9.7 Salary Ranges
All positions in the Association are placed in the Salary Ranges attached as Schedule “1”.
ARTICLE 10 – MARKET ADJUSTMENTS
The determination and payment of market adjustments is the sole responsibility of the University. In the event a new market adjustment is warranted or the University has reason to change an existing market adjustment the University will notify the Association one (1) month in advance of this change being implemented.
The Association through the AECC will discuss the appropriateness and fairness of all market adjustments.
ARTICLE 11 – PROMOTIONS AND TRANSFERS
11.1 Promotions and Transfers
A promotion is the appointment of a member to another position, within the same department or elsewhere in the university, involving duties and responsibilities of a more complex or demanding nature and which are recognized by a higher salary.
A transfer is the appointment of a member to another position within the same department or elsewhere in the University, involving duties and responsibilities of a comparable nature and having a similar salary. In certain circumstances, the transfer may be at a lesser salary.
All promotions and transfers must be made in accordance with the procedures specified in Article 7.5. Appointments that are defined as promotions or transfers are probationary, as specified in Article 8. A member who accepts a promotion or transfer and who fails to qualify for permanent status in the new position shall be eligible for all applicable provisions as specified in Article 16.
11.2 Salary Adjustment Through Promotion and/or Review of Position
If a member’s salary is changed upward by promotion or through a review of the position, the new salary shall be within the salary range of the phase for the new position. The new salary will be at least 3% of the target point in the new phase higher than the former salary, or the minimum of the new phase (whichever is higher). Details of the calculation will be provided to the member by Human Resources.
ARTICLE 12 – BENEFITS
12.1 Benefit Plans
All members shall enroll in employee benefit plans for which they are eligible according to the terms of those plans. Employees already contributing to the Non-Academic Pension Plan at the time of appointment to a position within the Association will be given the option of retaining membership in that plan. Detailed information concerning the following benefit plans will be provided by Human Resources and updated regularly:
a) University Pension Plan
b) Group Life Insurance Plan
c) Salary Continuance Plan
d) Family Dental Plan
e) Family Extended Health Care Plan
12.1.1 Benefits for Members on Seasonal Layoff
During seasonal layoff, Seasonal Employees will be eligible to continue their benefits under Article 12, unless prohibited by the benefit plan. If the member elects to continue benefits, he/she will be required to pay both the employee’s and the employer’s share of the premium costs.
12.2 Tuition Waiver
Members shall be entitled to have tuition fees waived (not reimbursed) for one (1) course for credit per academic term for courses taken at the University of Saskatchewan.
Registration is completed through the normal class registration procedure. The tuition waiver is accessed through Student Accounts & Treasury, Financial Services Division.
Provided that space is available in the course, the tuition for auditing one (1) six-credit unit course or equivalent, per academic year, will be waived by the University. If the course is audited during normal working hours, approval must be obtained in advance from the department head.
12.3 Accountable Professional Development Account (APDA)
The Accountable Professional Development Account (APDA) is available to eligible members as defined in Table 12.B except those on unpaid leave. Effective 1 May 2012, the annual APDA allocation will be $1,100 per member and cumulative to a maximum of $9,000.
APDA shall be used to defray expenses associated with related professional activities, teaching, education, or research.
Professional development includes those activities which enhance a member’s work performance, ability or effectiveness.
12.3.1 Annual Allocations
All members of ASPA who are eligible (as defined in Table 12.B) shall receive their annual allocation on 1 May.
Eligibility is assessed and the annual APDA allocations are calculated by Human Resources according to employment status in the fiscal year (1 May – 30 April) and made available in an APDA in the name of each member on 1 May of each year.
The maximum annual amount available for eligible members is $1,100. Where applicable, this amount will be prorated by three factors: payroll FTE; seasonal status; and length of employment during the fiscal year (this last factor does not apply to members on maternity or parental leave).
Members returning from leave without pay will have their allocation prorated in proportion to time worked during the fiscal year and their payroll FTE status on the date of return to work.
12.3.2 Eligible Expenses
As legislation on taxable benefits changes from time to time, please consult the Financial Services Division website for a listing of current claimable expenses. As non- taxable benefits, any goods, books, or equipment purchased from the APDA will remain the property of the University.
Members must submit expense claims for authorization by their department/unit head. The officer in each unit who authorizes the claims should forward the completed forms with supporting documentation directly to Payment Services, which has the responsibility of tracking the accounts. Members are requested to minimize the number of claims to be processed by normally submitting claims of at least $50.00 on any one occasion.
A member who feels that an APDA claim has been unfairly rejected may request, in writing, that AECC conduct a review of the application and the decision and, if appropriate, make a recommendation to the University. Such a decision will not be subject to the grievance and arbitration procedures.
12.4 Tuition Reimbursement Fund (TRF)
Effective 1 May 2012, the university will provide an annual allotment of $180,000 to the TRF.
The specific allocation will be determined by the Association on an annual basis. The TRF is available for members’ immediate family (spouses, partners, and children). Tuition reimbursements will be made annually. Terms of reference for the fund will be subject to agreement between the parties. The Student and Enrolment Services Division (SESD) at the University will administer the fund.
All unexpended tuition reimbursement funds will be carried forward from year to year.
12.5 Housing Assistance
The University agrees to provide, upon a letter of application to Human Resources by an eligible member as defined in Table 12.B, a salary advance for the purpose of buying, for personal use, a maximum of two (2) principal residences in Saskatoon or environs. There shall be only one (1) advance issued per member at any one time. Applications to Human Resources must be made within three (3) months of the date of possession.
This salary advance shall not exceed $12,000.00 and shall be made for a maximum period of five
(5) years. A minimum of 1/60 of the original principal sum is repayable monthly by payroll deduction or for seasonal employees not actively at work, by postdated cheque(s). The recipient of the advance who wishes to repay it earlier may do so. The advance shall be secured by a promissory note drawn in favour of the University.
In the event of termination or cessation of a member’s employment prior to expiry of the period of repayment of the advance, or failure to comply with the terms of the advance, the outstanding balance owed by the member shall be repaid immediately, or at the discretion of the University.
12.6 Retirement Recognition
At retirement, a member who has twenty-five (25) years or more service may elect to take six
(6) additional weeks vacation immediately prior to retirement or six (6) weeks pay in lieu. Similarly, a member who has twenty (20) years service or more up to twenty-five (25) years may elect four (4) weeks additional vacation or equivalent pay in lieu.
Members should make their election as early as possible in their final year to minimize any departmental disruption.
12.7 Post Retirement Spending Account
All eligible members who are enrolled in the extended health care and dental plans and retire after age 55 with a minimum of 10 years of service shall be entitled to a post retirement spending account in the amount of $1,000 per year for a two-year period following retirement. The spending account is restricted to the reimbursement of private health and dental insurance premiums only.
12.8 Kinesiology Facilities
The University agrees that members shall have access to the University’s Kinesiology fitness facilities as part of a wellness initiative subject to the priorities of teaching, research and intramural and intercollegiate sports, as established by the University. This is a taxable benefit in accordance with the Income Tax Act set out by the Canadian Revenue Agency.
12.9 Employee Assistance Program (EAP)
The Employer agrees to provide an EAP as described in the Joint Stakeholder Agreement dated 29 March 2007 and as amended from time to time by the EAP Board. The Stakeholder Agreement may be modified from time to time with the approval of the EAP Board following consultation with all parties to the Agreement. The Association will provide a representative to the EAP Board as per the Stakeholder Agreement.
TABLE 12.A – GROUP BENEFITS ELIGIBILITY
greater than or equal to 0.5 FTE
greater than or equal to 0.5FTE and greater than or equal to 6
less than 0.5 FTE and in any term
any FTE in a term appointment less than
eligible (family plan) –
3 month waiting period
eligible (family Plan) –
3 month waiting period
per Saskatchewan Labour Standards Act
Extended Health Care
eligible (family plan)
eligible (family plan)
Basic Group Life Insurance (2x annual salary – adjusted to the next higher $1000) Max
eligible – 3 month waiting period
eligible –3 month waiting period
Supplemental Life Insurance
TABLE 12.B – OTHER BENEFITS
greater than or equal to
greater than or equal to
less than 0.5 FTE and greater than
1 year appointment
greater than or equal
one year appointment
less than 1.0 FTE and less than 1
Business Travel Insurance
$50,000 if you qualified for 50% coverage; $100,000 if you qualified for
Membership in Professional
eligible –maximum voluntary deferral 3 yrs
eligible –maximum voluntary deferral 3 yrs
eligibility is based on a minimum earnings level (35% of the Yearly Maximum Pensionable Earnings) in each of two (2) calendar years where there is no break in service of twelve (12) months or more. All University service earnings are included. The contribution rate is 6.82% and is
matched by the employer.
eligible to apply, 50% prorated**
eligible to apply, 50% prorated**
Accountable Professional Development Acct (APDA) -
prorated based on FTE
Tuition Reimbursement Fund (TRF)
Housing Assistance (up to
eligible after 20 years
Leave, Paid Education
eligible under the Salary
eligible under the Salary
1.25 day per month, prorated to
Waiting periods are waived if a permanent/seasonal employee has at least three (3) months of service at > = 0.5FTE immediately prior to the permanent appointment.
Eligibility is based on the criteria for benefits or the accumulation of 400 hours within a two (2) year period using ASPA hours only.
May be eligible depending on length of term and funding arrangements.
Members appointed between 1 November and 30 April will have their APDA allowance reduced by 50% for the first year of employment only.
For term and permanent/seasonal employees with a >= 0.5FTE, there must be no breaks in employment. Eligibility is based on the term of the appointment. >= one (1) year or
combination of service to the employer that equal to one (1) year.
ARTICLE 13 – EMPLOYMENT OF PERSONS OF THE SAME FAMILY
Persons of the same family may apply for and be considered for Association positions at the University. All opportunities and benefits accruing normally to a position will apply where such an appointment is made. The President and the Associate Vice-President, Human Resources (only) must approve the employment of persons of the same family on the faculty or staff in the same department in accordance with University guidelines.
ARTICLE 14 – UNACCEPTABLE PERFORMANCE AND MISCONDUCT
The University will ensure that performance and misconduct problems are addressed constructively providing for fair and equitable treatment for all members.
The University reserves the right to discipline any member for just cause. Just cause can result from unacceptable performance of duties or misconduct.
14.1 Unacceptable Performance
Performance indicators can include attendance, quality and quantity of work, and interacting effectively with others. Performance concerns including corrective action will first be discussed with the member. If, after a reasonable amount of time, the member is unable to meet expectations, then progressive discipline must be followed. Progressive discipline must include the following steps in order:
(1) letter of reprimand,
(2) letter of warning and
In all cases the notification must be in the official employee file (Article 18).
14.1.1 Letter of Reprimand for Unacceptable Performance
A letter of reprimand will be presented to the member in a formal meeting with an Association representative present outlining the gap between the expected and the present level of performance and the corrective action required. A reasonable period of time must be provided to the member to allow him/her to achieve the stated performance expectations. This letter will be removed from the official employee file (Article 18) after two (2) years of acceptable performance regarding the issue in question. While the letter is on file, it may be used to support future discipline on the issue(s).
14.1.2 Letter of Warning for Unacceptable Performance
If a member’s performance continues to be unacceptable, a letter of warning documenting the gap between expectations and current performance will be presented to the member with an Association representative present. The letter will indicate a reasonable time frame in which the member will be given the opportunity to improve his/her performance, the corrective action and consequences if the expectations are not
met. At the end of the specified time frame the member will be informed, in a meeting with an Association representative present, that either his/her performance has met expectations or has not. Letters of warning will be removed from the official employee file (Article 18) after four (4) years of acceptable performance regarding the issue in question. While the letter is on file it may be used to support future discipline on the issue(s).
14.1.3 Dismissal for Unacceptable Performance
The University reserves the right to dismiss any member for unacceptable performance after every reasonable attempt to help the member meet expectations has been exhausted.
With the consent of the Associate Vice-President, Human Resources the member will be informed by letter of the reasons for and the date of dismissal. The Association will be advised in advance of any dismissal action being taken and a copy of the letter will be forwarded to the Association.
If the Association grieves, the member will be deemed suspended without pay until the grievance procedure is concluded. In the event the grievance procedure results in the member being reinstated, the salary and benefits lost between the date of suspension and the date of reinstatement will be determined as part of the settlement of the grievance.
Misconduct can include criminal activity, insubordinate or abusive behavior, unethical behavior or breach of professional standards.
Discipline for misconduct should be progressive and may include one or more of the following steps depending on the severity of the misconduct: letter of reprimand, suspension and/or dismissal. In all cases the notification must be in the official employee file (Article 18).
14.2.1 Letter of Reprimand for Misconduct
A letter of reprimand outlining the unacceptable conduct will be presented to the member in a formal meeting with an Association representative present. This letter will be removed from the official employee file (Article 18) after two (2) years of acceptable conduct regarding the issue in question. While the letter is on file it may be used to support future discipline on the issue(s).
14.2.2 Suspension for Misconduct
With the consent of the Associate Vice-President, Human Resources, a member may be suspended without pay for misconduct. The member will be advised, in writing, by the Associate Vice-President, Human Resources of the effective date and length of suspension from duties, giving reasons for the action with copies of the letter to the
Association. This will be done in a formal meeting with an Association representative present.
If the suspension is successfully grieved by the Association and the member is reinstated, the suspension will be removed from the member’s official employee file and the member shall be compensated for salary and benefits lost between the date of suspension and the date of reinstatement.
14.2.3 Dismissal for Misconduct
The University reserves the right to dismiss any member for misconduct. With the consent of the Associate Vice-President, Human Resources, the member will be informed by letter of the reasons for and the date of dismissal. The Association will be advised in advance of any dismissal action being taken and a copy of the letter will be forwarded to the Association.
If the Association grieves, the member will be deemed suspended without pay until the grievance procedure is concluded. In the event the grievance procedure results in the member being reinstated, the salary and benefits lost between the date of suspension and the date of reinstatement will be determined as part of the settlement of the grievance.
ARTICLE 15 – TERMINATION OF EMPLOYMENT
Upon notification of termination of employment the member will ensure that all financial obligations to the University have been satisfied. The University will provide a preliminary list of financial obligations within fourteen (14) days of the effective date of termination. Outstanding financial obligations of the member may be withheld from the final pay cheque until the obligations have been resolved. Such obligations may include amounts owing to the University for goods and services, books borrowed from the library, audio-visual equipment on loan, keys, tools, education, housing and travel advances not repaid.
A member who intends to resign should send a letter of resignation to the department head at least one (1) month before the proposed date of resignation. Long service members should give more notice of resignation than the minimum requirement of one (1) month. The notice period should be in addition to any unused vacation entitlement. A copy of the letter should be sent by the department head to Human Resources.
A member who intends to retire should contact the Benefits Office for information regarding the appropriate notice period and other provisions at least six (6) months prior to the expected date of retirement.
The normal retirement date of a member is the 30th day of June coinciding with or next following the member’s 67th birthday.
Benefit coverage will continue for employees who work past their normal retirement date with the following exceptions:
• Long-term disability plan coverage and benefits will not be available to employees who work past their normal retirement date,
• Pension plan available to employees remains in place past their normal retirement date in accordance with the terms of the plan and applicable legislation.
Human Resources will contact the member regarding benefits changes that occur at normal retirement. Subject to the provisions of the applicable pension plan a member may retire before the normal retirement date. Prior to retiring, if the member wishes, duties, responsibilities and salary may be reduced on terms mutually agreeable to the member, the department head and the Associate Vice-President, Human Resources.
Members electing retirement will not be eligible for severance benefits as part of their retirement package.
In the event of the death of a member, the department head should notify Human Resources immediately.
15.4 Employer Initiated Termination
The University reserves the right to dismiss any member for just cause. Just cause can result from unacceptable performance of duties or misconduct. Dismissal for just cause must be conducted in a manner consistent with Article 14.
15.5 Employer Initiated Layoff
The University reserves the right to layoff a member as per Article 16.
ARTICLE 16 – LAYOFF
Before any layoff action is taken, the University shall inform ASPA of the action proposed and provide the reasons for the decision. The University shall also provide ASPA with information as the actions are taken.
If administrative staff reductions are necessary, the affected member shall be given written notice of layoff. The University will forward a copy of the layoff notice to ASPA.
No permanent or seasonal member will be laid off as a result of anyone outside the bargaining unit performing a majority of the duties of the laid off member or another member being assigned the majority of the duties of the laid off member.
16.1 Notice or Pay in Lieu of Notice
In the event of a layoff the department head will provide written notice to the member, with a copy to ASPA and Human Resources, indicating the reasons for layoff and the effective date of the layoff.
Members with permanent or seasonal status are entitled to notice, based on completed years of continuous service and to be paid at the current monthly salary.
TABLE 16.1 - Notice Period
Length of Service *
One to 5 years
6 years to 10 years
11years to 19 years
24 years or more
* Based on full years of continuous service (no pro-ration for partial years). All or a portion of notice may be given as working notice. The member will continue to be paid
at his/her current monthly salary during the working notice period.
If working notice cannot be given, the member shall receive pay in lieu of notice. The member shall choose monthly or a lump-sum payment (refer to Article 16.6 regarding benefit implications).
The employment of a member with term status terminates automatically upon the expiration of the stated term date, without notice.
A member with term status whose term position ends prior to its stated expiration date will be provided with one (1) month notice or pay in lieu of notice.
Laid off members will be given the option to be placed on the reassignment list during the notice period (Article 16.1).
Any individual placed on the reassignment list shall provide ASPA with a copy of his/her resume and is responsible to (1) apply for positions within the scope of ASPA; (2) indicate on the application that he/she is on the reassignment list; and (3) notify ASPA of the application.
Members on the reassignment list who meet the job requirements as posted will be interviewed by the department. If the member on the reassignment list is not interviewed or is interviewed and not selected, then ASPA and the employer will consult in good faith as to whether the member should have been considered.
A member will continue to have access to his/her existing APDA funds for a period of six (6) months.
A member shall be entitled to severance pay at the rate of one (1) month's current salary for each completed year of continuous service, to a maximum of twelve (12) months. Members with permanent or seasonal status are entitled to severance, based on completed years of continuous service and to be paid at the current monthly rate.
The University may consider the member’s age, years of service and/or other mitigating factors, which may increase the amount of severance. Service for a permanent member less than full time or a seasonal member will be prorated accordingly.
If the member wishes, severance pay may be paid on a monthly basis at the salary rate effective at the date of severance.
Normally, any employee who is provided with pay in lieu of notice or severance shall not hold another appointment to a position at the University until the end of the combined notice and severance period, or equivalent time frame if taken as a lump sum payment.
Where an employee re-commences employment prior to the equivalent of the combined notice and severance period, the following will apply:
Monthly notice arrangement will cease automatically for an employee who successfully finds other employment within the university.
In the event that the member elected a lump sum payment, a repayment of the remaining of the monthly equivalent will be required before employment can re-commence.
16.5 Out-Placement Services
Arrangements for out-placement services will be offered by Human Resources.
A member will be eligible to continue his/her benefits (health, dental, life) under Article 12, unless prohibited by the benefit plan, during the notice period providing he/she elect monthly salary payments.
ARTICLE 17 – PROBLEM RESOLUTION PROCESS
The purpose of this article is to provide a mechanism to resolve interpretation and application issues of this agreement between the Association (including individual members) and the University. This will provide members with a timely and constructive process for bringing forward issues or concerns.
Provisions of this agreement apply to Seasonal Employees during their work periods only. Any disputes or grievances arising from the period of employment may be dealt with during the layoff period.
The time periods specified in this article, as they apply to each case, may be subject to extension by mutual agreement if circumstances warrant.
17.1 Informal Process
The parties agree that disputes can frequently be resolved by informal, timely discussion and constructive communication between the parties or between a staff member and his/her immediate supervisor(s) in the workplace. Human Resources and the Association may be engaged to identify alternative resolutions.
If the discussion process cannot resolve the issue, the parties can meet with representatives of the Association and the University. The AECC may act to resolve issues before proceeding to grievance or arbitration.
17.2 Grievance Definition
Should a difference arise between the University and the Association concerning the interpretation, application, or alleged violation of any of the terms of this Agreement that cannot be resolved as outlined above, the Association may choose to file a grievance.
The Association is entitled to initiate a grievance in its own right or on behalf of a member.
17.3 Grievance Timing and Procedure
A grievance proceeding is initiated by a statement in writing to the Associate Vice-President, Human Resources (only), which sets out the substance of the grievance and indicates the provisions of the Agreement that are alleged to have been improperly interpreted, wrongly applied, or violated.
A statement of grievance must be filed within thirty (30) calendar days of when the grievor or Association knew or reasonably ought to have known of the alleged infraction.
17.3.1 Stage Oxx
Written grievances shall be heard by the dean/administrative unit head or designate within thirty (30) cxxxxdar days of receiving the grievance. The dean/administrative unit head or designate will render a written decision within thirty (30) days of the date of the hearing.
The Association reserves the right to identixx x conflict of interest on the part of the dean/ administrative head and request an alternate appointment to hear the grievance.
Administrative Grievance: Grievances involving interpretation or administration of this agreement, not involving a specific individual and grievances by a group of employees shall be taken directly to Stage Two of the following procedure.
17.3.2 Stage Two
The Association may, within fifteen (15) calendar days of the written decision at Stage One, refer the grievance to the Associate Vice-President, Human Resources or designate.
The grievance shall be heard at Stage Two within fifteen (15) calendar days. A written decision shall be rendered within fifteen (15) calendar days of the Stage Two hearing.
Either party may within fifteen (15) calendar days of receiving the grievance decision (Stage One or Stage Two) give written notice of their intention to proceed to binding arbitration.
In the event that either party to this agreement decides that a grievance should proceed to the arbitration stage, the appointment of an arbitrator will be made by rotatixx xx xxxxxxance xxxx xxe xxxxxxxxx list:
• Xxxxxxx Xxxx
• Francine Xxxx Xxxxx, X.X.
• Sheila Denysiuk, Q.C.
• Dirk Silversides
If the appointed arbitrator is unable to begin hearing the grievance within a reasonable period or he/she declares a conflict of interest, the next arbitrator on the list shall be selected.
By mutual agreement, the parties may utilize an expedited process.
17.4.1 Arbitration Board Powers
The arbitrator shall have the power to settle the grievance involving dismissal or disciplinary action by arrangement that he/she deems just and equitable.
The arbitrator shall not have the power to alter the terms of this Agreement, nor to substitute provisions for existing provisions, nor to give any decision inconsistent with the terms of this Agreement.
17.4.2 Arbitration Fees and Expenses
The fees and expenses of the arbitration shall be shared equally between the parties. Each party shall be responsible for its costs, fees and expenses of the arbitration, except salary of University employees.
ARTICLE 18 – OFFICIAL EMPLOYEE FILE
18.1 Access to Official Employee File
Members shall have the right to examine their official employee file maintained in Human Resources at any time during regular office hours in company with a Human Resources employee. Examination of the file shall be kept in confidence. The member may be accompanied by an Association member of his/her own choosing. Members may add to the file a response to any document contained therein.
18.2 Confidential Documents
In the case of official employee files there are two types of confidential information: employee health documents and documents submitted in confidence. Information pertaining to the member’s health such as medical and counseling records or documents from the Employee Assistance Program are confidential and may be viewed by the member, the designated Association member and Human Resources only. Documents submitted in confidence are confidential and may be viewed by Human Resources only. Documents submitted in confidence are not made available to members or their representatives.
Upon request, members will be provided with an inventory of the documents submitted in confidence in their official employee file. The inventory shall list the date of the document, general subject, purpose for which solicited, and the person by whom it was solicited or whether it was unsolicited. No other documents in a member’s official employee file shall be considered confidential.
18.3 Response to Documents Submitted in Confidence
Documents submitted in confidence must be validated before they may be placed in a member’s official employee file. If a document or letter clearly marked as confidential and containing a serious indictment of a member’s professional conduct is received, the department head shall investigate the matter and, without revealing the source, discuss the relevant facts or opinions with the member. The member may choose to be accompanied by a representative of the Association during such discussion. If the department head concludes that the charges are substantiated, the document or letter may be placed in the member’s official employee file as a document submitted in confidence, provided that the member is informed and permitted to file an explanation. The fact that the member was informed of the letter shall be noted in the file.
ARTICLE 19 – HOLIDAYS AND VACATION
19.1.1 The University Recognizes the Following Statutory Holidays:
New Year's Day Family Day Good Friday Victoria Day
Canada Day Saskatchewan Day Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day
19.1.2 Special Holidays
In recognition of the need for members to occasionally work in excess of the work plan guidelines, the University will provide three (3) additional days off during the fiscal year. These days will normally be taken between December 25th and January 1st when the University is closed. Alternate days will be provided if the member is required to work during the Christmas and New Year’s season.
19.2 Annual Vacation
19.2.1 Vacation Accumulation (20 working days).
During the first six (6) years of service, a member will earn vacation at the rate of one and two-third days per calendar month [twenty (20) working days per year]. The vacation anniversary date shall be the first of the month of the date of appointment. Part-time employees will earn vacation on a pro rata basis.
19.2.2 Vacation Accumulation (25 working days).
After six (6) years of service until sixteen (16) years of service, the member will earn vacation at the rate of two and one-twelfth working days per calendar month [twenty- five (25) working days per year.]
19.2.3 Vacation Accumulation (30 working days).
After sixteen (16) years of service, the member will earn vacation at the rate of two and one-half working days per calendar month [thirty (30) working days per year].
19.3 Vacation Taken
Vacation is to be taken after it is earned. The member is expected to use the entitlement by the end of the fiscal year following the year in which it is earned. It is the responsibility of the department head to ensure that a vacation may be taken annually by the member. Wherever possible, the vacation shall be planned in accordance with the wishes of the member.
19.4 Vacation Carry Over
Under special circumstances, a member may, at the time of reviewing annual vacation, request permission from the department head to carry over up to and including one-half of his/her annual vacation entitlement from one year to the next. The member, upon approval of this carry
over request, which will not be unreasonably denied, must use all annual entitlement in the year into which vacation is carried forward.
ARTICLE 20 – LEAVES
Application for any type of leave must be submitted to the Associate Vice-President, Human Resources by the specified date, with supporting recommendations from the department head.
All members granted leave for any of the purposes shown below must arrange with Human Resources for the continuation of employment benefits for which they are eligible during the period of leave. The University’s costs of benefit coverage during any paid leave will be paid by the University subject to any restrictions imposed by legislation or the benefit plan. The University’s costs of benefit coverage during any unpaid leave will be paid by the member, unless stated otherwise in the leave article. The benefit coverage is subject to any restrictions imposed by legislation or the benefit plan.
20.1 Leave, Special
While there are no sabbatical leave provisions for members of the administrative staff, the University will consider applications from permanent or seasonal members for special leave for periods of up to twelve (12) months duration. The leave may be granted at full pay or partial pay and must be for a suitable purpose. To be eligible to apply for special leave, members must have held an appointment for a period of not less than six (6) years continuous service. An application for leave must be submitted to the Associate Vice-President, Human Resources at least six (6) months prior to the date the leave is to commence. The application will be considered by the Vice-President (Finance and Resources) in consultation with the department head, Associate Vice-President, Human Resources and a nominee of the Association. The member shall be notified of the result of the consideration of the application within two (2) calendar months. A statement of the applicant's proposed program is to accompany the application and a report is to be submitted on return.
20.2 Leave, Deferred Salary
Permanent or seasonal employees may apply to participate in the deferred salary leave plan in accordance with the conditions set forth in the regulations governing the plan. These regulations are subject to mutual agreement between the University and the Association and can be obtained from Human Resources.
20.3 Leave, Education
20.3.1 Leave, Paid Education
Eligible members as defined in Table 12.B may apply for paid education leave to enroll in seminars, short courses, and other similar instructional programs for the purpose of obtaining or enhancing skills and knowledge directly related to their employment at the University. Applications must be accompanied by a recommendation from the member’s department head, and be submitted to the Associate Vice-President, Human Resources at least four (4) weeks prior to the commencement of the proposed leave.
The Associate Vice-President, Human Resources shall determine whether the training will be of sufficient benefit to the member and the University to qualify for paid education leave, and whether the effect on the normal operation of the member’s department is sufficiently minimal to permit this absence. Disputes will be referred to the AECC.
184.108.40.206 Requirement to Return
A member granted paid education leave is required to return to employment with the University following completion of the leave for a period of two (2) months for every month or part of a month of education leave taken, and shall sign a promissory note to this effect prior to proceeding on leave. Where a member does not complete this return to service commitment, the portion of the commitment completed, if any, shall be credited against the member’s promissory note and the balance of any salary benefit received shall be repayable to the University, in accordance with the terms specified in the promissory note, unless waived by the University.
20.3.2 Leave, Unpaid Education
The provisions of Article 20.3.1 do not apply to education leave requested for the purpose of commencing or continuing full-time studies toward a University degree, diploma or technical program. If granted, such leaves will normally be for up to a maximum of one (1) year, but may be reviewed with the consent of the Associate Vice- President, Human Resources and the department head.
A letter of application, accompanied by a recommendation from the member’s department head must be submitted to the Associate Vice-President, Human Resources with a copy to the President of the Association at least three (3) months prior to the commencement of the proposed leave.
A description of the arrangements for covering the member’s duties during the leave shall accompany the department head's recommendation.
20.4 Leave Without Pay
Leave of absence without pay may be granted to enable a member to spend time away from the University. In general, such leaves will be granted, subject to the approval of the department head and the Associate Vice- President, Human Resources provided that the work of the department is not seriously disrupted. Such leaves may be granted for up to a maximum of one
(1) year. However, in special circumstances approved by the department head and the Associate Vice-President, Human Resources, an extension of this one-year period may be granted.
Applications must be submitted to the Associate Vice-President, Human Resources as early as possible, preferably not less than four (4) months prior to the date the leave is to commence. This requirement may be waived when short periods of leave are requested or in special circumstances approved by the department head. A recommendation from the department head must also be submitted concurrent with the application.
20.5 Leave to Hold Political Office
The University shall, upon written request from a member to the Associate Vice-President, Human Resources, grant leave of absence without pay to be a candidate in federal, provincial, or municipal election. A member who is a candidate for office shall be entitled to take vacation at the time of an election in lieu of leave without pay. The department head will be notified as early as possible of such requests.
A member elected to public office shall be entitled to a leave of absence without pay during the term of office. The University agrees to permit the member to restrict the period of leave to coincide with legislative responsibilities if such partial absence will not seriously affect the member’s performance of duties.
20.6 Leave for Court Attendance
A member summoned for court attendance or directed by the University to attend (e.g. jury duty or as a court witness), shall suffer no loss of salary while so attending. Remuneration paid to the member by the court must be remitted to the University within thirty (30) days of receipt.
20.7 Leaves, Maternity, Adoption and Parental
Parents who are caring for a newborn or newly adopted child are eligible for maternity, adoption, or parental leave as outlined below:
20.7.1 Leave, Maternity
A member who declares in writing to Human Resources to be the biological mother of a newborn infant is entitled to seventeen (17) consecutive weeks of maternity leave without pay.
The member is required to apply for this leave at least four (4) weeks prior to the commencement of the leave.
The leave must commence on the date of the infant’s birth or at any time during the twelve (12) weeks period prior to the infant’s estimated date of birth and shall be of uninterrupted duration.
The member must provide a certificate from a qualified medical practitioner to Human Resources. The certificate must confirm the pregnancy and give the estimated date of birth.
20.7.2 Leave, Adoption
A member who declares in writing to Human Resources to be the adoptive parent of an adopted child is entitled to seventeen (17) consecutive weeks of adoptive leave without pay.
The member is required to apply for this leave at least four (4) weeks prior to the date the member begins to care for the child (“care date”). If the member cannot give four
(4) weeks notice, the University will accept as much notice as is given to the adoptive parents by Saskatchewan Social Services.
The leave must commence on the care date, or at any time during the twelve (12) week period prior to the estimated care date, and shall be of uninterrupted duration.
The member must provide official confirmation of custody to Human Resources.
20.7.3 Leave, Parental for Maternity or Adoption
A member who qualified for maternity or adoption leave is also entitled to thirty-five
(35) consecutive weeks of parental leave without pay.
The parental leave is in conjunction with the maternity or adoption leave and must be taken in one continuous period.
20.7.4 Leave, Parental for Parents other than those described in 20.7.1 & 20.7.2
A member who did not qualify for maternity or adoptive leave and who declares to be the parent of a newborn infant or of an adopted child is entitled to thirty seven (37) consecutive weeks of parental leave without pay.
The member is required to apply for this leave at least four (4) weeks prior to the commencement of the leave or as soon as possible in extenuating circumstances.
The leave may commence at any time during the twelve (12) week period prior to the estimated date of the infant’s birth or the day the child comes into the member’s care and must be completed within fifty-two (52) weeks from the estimated date of the infant’s birth or the day the child comes into the member’s care. This leave shall be of uninterrupted duration.
The member must provide official confirmation of the infant’s birth or an official confirmation of custody of the adopted child to Human Resources.
20.7.5 Supplemental Benefits Plan
After twelve (12) months of continuous service at the university, a member who qualifies for a leave as defined under Article 20.7.1, 20.7.2, 20.7.3, or 20.7.4 and is in receipt of Employment Insurance (EI) benefits is eligible to receive supplemental benefits. The Employer will provide a supplemental benefit of 95% (inclusive of EI) of weekly earnings (based on his/her pre-leave earnings) for a period of up to twenty-one (21) weeks (including the 2 week waiting period).
In no case will the total amount of supplemental benefits, employment gross benefits, and any other employment earnings received by the member exceed 95% of the member’s regular weekly earnings (based on his/her pre-leave earnings).
20.7.6 Benefit Coverage
During the paid portion of the leave, the member and the University shall pay his/her respective shares of the cost of continuing benefit coverage. During the unpaid portion of the leave, benefits will be handled as if the member is on leave without pay.
Annual vacation may be taken as an extension of any Article 20.7 leave.
The member’s vacation accumulation date will not be adjusted for the length of any Article 20.7 leave. A member eligible for the Supplemental Benefits Plan (Article 20.7.5) is also eligible to accrue annual paid vacation, as per Article 19.2, at his/her full appointment rate (FTE) for the period during which he/she collect the Supplemental Benefits Plan.
Unpaid annual vacation will accumulate at the rate defined in Article 19.2 for the portion of any Article 20.7 leave that is not covered by the Supplemental Benefits Plan, or for the entire leave for members who do not qualify for the Supplemental Benefits Plan.
The member’s increment eligibility will be adjusted for the length of any leaves in Article
20.7 that exceed his/her defined duration.
20.7.9 Reinstatement and Return to Work
The member is guaranteed job reinstatement to the same position or, if that position no longer exists, to a substantially similar position and under similar terms and conditions, with no reduction in salary or benefits.
A member, who has been granted a leave, should notify his/her department or unit in writing at least fourteen (14) days prior to the day on which he/she intend to return to work, unless otherwise mutually agreed.
20.8 Leave, Bereavement and Compassionate
A member will be granted reasonable leave of absence for urgent personal reasons such as bereavement, serious family illness, etc. Permission should be obtained from the department head prior to taking such leave so that arrangements can be made to carry on the member’s duties during the absence. Upon receipt of written application for the leave, the department head, taking the particular circumstances of the situation into consideration, will authorize the
leave with or without pay and benefits. Leaves will not be unreasonably denied. Disputes will be referred to Human Resources for resolution and its decision will be final.
20.9 Leave, Personal / Family
In order to meet the needs of a member to attend to emergent, personal or family situations, a maximum of three (3) days of paid leave is available per year. This leave is intended for situations that need to be attended to but may not normally be scheduled in advance. It is not considered an automatic annual entitlement nor is it cumulative. In emergent situations, the member will inform his/her supervisor as soon as possible regarding the need to take such a leave. In non-emergent situations, the member and the supervisor will consult in advance to determine how the request might be accommodated.
20.10 Leave, Sick
Eligible members as defined in Table 12.B are entitled to disability benefits as defined under the Salary Continuance Plan.
Members hired on a term or part-time basis, who are not included under the provisions of the Salary Continuance Plan are entitled to an allowance of one and one-quarter (1.25) days sick leave per month of employment. The allowance is cumulative and is prorated for part-time employees.
20.10.1 Leave, Sick - Medical Evidence
Where, in the judgment of the Associate Vice-President, Human Resources, a member’s use of sick time warrants examination, the University may require the member to provide satisfactory medical evidence; or to be examined by a doctor from a list agreed to by the Association and the University. Such examination shall be at the University’s expense.
ARTICLE 21 – USE OF UNIVERSITY PREMISES
Subject to availability, the University will allow the Association to use internal postal services of the University, University Printing Services, computing facilities, and audio-visual equipment at University rates.
The University agrees to provide suitable office space. Subject to availability and normal University regulations concerning use of space, the University agrees to provide the Association with suitable meeting rooms, upon request.
21.3 Bulletin Boards
The University shall provide union Bulletin Boards which shall be placed so that all members will have access to them and upon which the Association shall have the right to post notices of meetings and such other notices as may be of interest to the members.
ARTICLE 22 – DISCRIMINATION AND HARASSMENT
The parties agree that there shall be no discrimination practiced with respect to any member of the bargaining unit by reason of age (except for retirement age, as provided for in the Academic and Non-Academic Pension Plans), ancestry, race, creed, colour, national origin, political or religious affiliation or belief, sex, sexual orientation, marital status, physical disability or membership or activity in the Association.
The University and the Association do not condone harassment. The University has developed a harassment policy covering all members of the campus community. Requests for information or concerns about harassment can be directed to the Discrimination and Harassment Prevention Coordinator, a member of the Association Executive or Human Resources.
Harassment is grievable. Both parties agree that all proceedings and the results thereof will be dealt with in strictest confidence.
ARTICLE 23 – MISCELLANEOUS
23.1 Duration of Agreement
This Agreement shall be in effect from 1 May 2011 to 30 April 2014, and shall continue in effect from year to year unless amended or terminated in accordance with the Trade Union Act of Saskatchewan.
23.1.1 Commencing Collective Bargaining
If mutually agreed, the parties may commence collective bargaining more than 60 days prior to the termination of the Agreement.
SCHEDULE 1 - SALARY RANGES
May 1, 2011 - April 30, 2012
May 1, 2012 - April 30, 2013
May 1, 2013 - April 30, 2014
APPENDIX 1 – MEMORANDA OF AGREEMENT
MEMORANDUM OF AGREEMENT
Accommodation of Disability
In keeping with the requirements of the Labour Standards Act and the Saskatchewan Human Rights Code and Regulations, the University and the Association acknowledge that employers and unions have a duty to accommodate employees who become disabled. To fulfill this requirement, the University and the Association agree that there is a need for effective accommodation of disability. The Administrative Employees Consultative Committee will receive regular updates of the action plans concerning the return to work of employees and address problems that may arise from these plans.
11 May 2006
MEMORANDUM OF AGREEMENT
Recognizing the scope of Article 3.1, the Association and the University acknowledge that terms and conditions of employment shall be jointly agreed to. They further acknowledge the existence of adjunct agreements pertaining to groups of members, which may detail aspects of employment. The Association and the University also jointly recognize the need to have a list of the adjunct agreements as they pertain to groups or classes of members.
The University and the Association will each compile a list of the known adjunct agreements. Through the mechanism of AECC a single master list of adjunct agreements will be generated and maintained. Any new adjunct agreements pertaining to groups of members shall be discussed and confirmed through AECC and recorded there.
3 April 2003
MEMORANDUM OF AGREEMENT
ASPA Representation on University Committees
The University recognizes that the Association and its members have a desire to be more aware of, and potentially involved in, University affairs to better educate the Association and its members of matters pertaining to their interests. The Association agrees to identify any official bodies or committees of the University on which it may wish to have representation. The University agrees to assist the Association, where possible and where appropriate, in gaining access to, and representation on, these bodies or committees.
3 April 2003
MEMORANDUM OF AGREEMENT
In keeping with requirements of the Federal Contractors Program, the Saskatchewan Human Rights Commission, and the Aboriginal Partnership Agreement, the University and the Association agree to the principle of employment equity for women, visible minorities, aboriginal peoples, and persons with disabilities at the University of Saskatchewan. This principle ensures opportunities in hiring and promotion for members of the above groups.
30 March 2000
MEMORANDUM OF AGREEMENT
1. The position to be shared is a full time permanent position being shared by two employees. Usually this will be equal splitting of a position and any other arrangements must be specifically approved by both ASPA and the University.
2. At the request of the incumbent(s), the University will consider job sharing and if the decision is favorable, the possibility will be discussed with ASPA and the employee(s).
3. If agreement is reached between the parties that job sharing will take place, only the vacant portion of the position to be shared will be posted.
4. All employee benefit plans will be available to the incumbents of job sharing positions as specified in the Collective Agreement. Statutory Holiday benefits will be determined at the outset of any job sharing arrangement and must be planned in advance for ongoing job sharing. Participants in job sharing arrangements will not be eligible for alternate hours of work arrangements unless agreed to by the parties.
5. If a long-term absence occurs due to illness, maternity leave, or other approved leave of absence; the other employee may cover the period of absence. If this is not acceptable to the other employee, then the vacancy may be filled on a term basis.
6. If either employee wishes to return to full time employment at a time when the other portion of his/her job sharing position is not vacant, the individual must apply for and be the successful applicant for a posted position.
7. If either one of the employees sharing this position resigns or transfers, the position will be reviewed to determine how the vacancy will be filled.
8. The department may terminate the job sharing arrangement at any time with sixty days notice. In the event this happens and the position reverts to its former complement of duties, the incumbent whose job was being shared, shall have first priority to it. Employees who are not placed will be subject to the conditions of Article 16 as appropriate. In this situation, the employer is not obligated to special considerations such as an employee's interest in part time work.
1 January 2001
LETTER OF UNDERSTANDING
“Normal Hiring Point”
ASPA and the University agree:
• that, under the implementation of the new compensation strategy resulting from the Joint Job Evaluation Project, and in recognizing the added value current ASPA members bring to their positions, the “normal hiring point” for new employees who meet the minimum qualifications for a position will be the minimum salary in the salary range for the appropriate family and phase;
• if exceptional circumstances dictate the hiring of a member at a salary above the normal hiring point, then a report will be provided to the next AECC meeting indicating the reasons for such action; and
• that, subject to future negotiations, the “normal hiring point’ may be moved up towards the “target point” of the appropriate salary range.
Access to Member Information
Access to Official Employee File
Accommodation of Disability - MOA
Accountable Professional Development Account (APDA)
Adjunct Agreements - MOA
Adjustment to Salary Ranges and Salary
Administrative Employees Consultative Committee (AECC)
Advertising of Positions
Agenda for the Meetings
Annual Performance Review of Permanent,
Appeal of Position Review Decisions
Arbitration Board Powers
Arbitration Fees and Expenses
ASPA Representation on University Committees - MOA
Assignment and assessment of Duties
Association Representatives Attending to Joint ASPA / University Meetings
Benefits for Members on Seasonal Layoff
Commencing Collective Bargaining
Consideration of Member Applicants
Declining Balance of Probationary Period
Deduction of Association Dues
Discrimination and Harassment
Dismissal for Misconduct
Dismissal for Unacceptable Performance
Duration of Agreement
Employee Assistance Program (EAP)
Employer Initiated Layoff
Employer Initiated Termination
Employment Equity - MOA
Employment of Persons of the Same Family
Entry and Re-entry of Members from Excluded Positions
Final Probationary Assessment
Grievance Timing and Procedure
Group Benefits Eligibility
Holidays and Vacation
Increments (Article 20.7 Leaves)
Information for New Members
Job Placement Requirements for Advertising
Job Sharing - MOA
Leave for ASPA Officer(s)
Leave for Court Attendance
Leave for Officers and Reimbursement for Meetings
Leave to Hold Political Office
Leave Without Pay
Leave, Bereavement and Compassionate
Leave, Deferred Salary
Leave, Paid Education
Leave, Parental for Maternity or Adoption
Leave, Parental for Parents other than those described in 20.7.1 & 20.7.2
Leave, Personal / Family
Leave, Sick - Medical Evidence
Leave, Unpaid Education
Leaves, Maternity, Adoption and Parental
Letter of Offer
Letter of Reprimand for Misconduct
Letter of Reprimand for Unacceptable Performance
Letter of Understanding - “Normal Hiring Point”
Letter of Warning for Unacceptable Performance
Management of the University
Members Attending to Association Business
Membership and Purpose
Membership in Professional Associations
Memorandum of Agreement
Merit Audit Committee
Merit Award Eligibility and Effective Date
Merit Utilization Statement
Notice or Pay in Lieu of Notice
Notification of Change of Status
Official Employee File
Other Benefits Table
Position Profile, Placement and Review of Positions
Positions Brought into the Scope of the Association
Post Retirement Spending Account
Probation Period for Permanent and Seasonal Appointments
Probationary Period for Permanent and Seasonal Employees
Problem Resolution Process
Promotions and Transfers
7.5, 11, 11.1
Reappointment to In-Scope Position
Recruitment and Retention of Employees
Refusal to Cross Picket Line
Reimbursement for Association/Management Meetings
Reinstatement and Return to Work
Requirement to Return
Response to Documents Submitted in Confidence
Review of Position Job Family and/or Phase
Rights of Members
Salary Adjustment Through Promotion and/or Review of Position
Salary Adjustments through Review
Salary Ranges (Schedule 1)
Schedule of Meetings
Scope and Recognition
Seasonal and Term Employees with 0.5 FTE or Greater
Strikes and Lockouts
Supplemental Benefits Plan
Suspension for Misconduct
Systematic Assessment of Performance While on Probation
Temporary Appointment to Out-of-Scope Position
Term Employee to Permanent or Seasonal Employee Status
Term Employees and Probation
Termination of Employment
Termination of Probationary Appointment
The University Recognizes the Following Statutory Holidays
Time Off for Association Business
Tuition Reimbursement Fund (TRF
Types of Employees
Unacceptable Performance and Misconduct
Use of University Premises
Vacation Accumulation (20 working days)
Vacation Accumulation (25 working days)
Vacation Accumulation (30 working days)
Vacation Carry Over
Work Plan Development Including Hours of Work