Proposals for a Collective Agreement
Between
The Public Service Alliance of Canada, Local 40004
and
The University of Saskatchewan
11 March 2020
INTRODUCTION
Pursuant to The Saskatchewan Employment Act, the Public Service Alliance of Canada, Local
40004, served notice to bargain on June 14, 2019. Consequently, the Public Service Alliance of Canada wishes to conclude a Collective Agreement, subject to ratification by members of the bargaining unit.
The Public Service Alliance of Canada submits these proposals for a new collective agreement. These proposals are being advanced without prejudice to any future proposed amendments and/or additions and they are subject to any errors and/or omissions. The Union reserves the right to introduce, amend and withdraw its proposals, and to introduce counter-proposals to the Employer’s proposals or counter-proposals.
Strikethroughs denote proposed deletion. Bolded text denotes new language/editorial changes.
RESERVE means that the Union reserves the right to make proposals at a later date. In particular, PSAC reserves the right to introduce a comprehensive financial package that may include proposals on rates of pay, allowances, hours of work, leaves, and benefits at an appropriate time during negotiations. The PSAC also reserves the right to table new proposals in response to legislative changes that occur during the course of bargaining.
If neither party has a proposal on a specific article, clause, appendix, LOU, or MOA, that article, clause, appendix, LOU, or MOA shall be renewed.
The Union requests that the Employer disclose any plans for changes at the workplace level that may affect this round of negotiations and reserves the right to make additional proposals after receiving this information.
The Union will not engage in concessionary bargaining.
A. Housekeeping Changes
Amend Article 1.01:
1.01 The purpose of this Agreement is to establish an orderly collective bargaining relationship between the University of Saskatchewan (hereafter referred to as the Employer) and its Employees represented under this Agreement by the Public Service Alliance of Canada (hereinafter referred to as the Union), to ensure the prompt and peaceful resolution of disputes and grievances, and to set forth an agreement covering rates of pay and other working conditions.
Amend Article 2.01 (strike comma after verb “is”):
2.01 The Employer recognizes the Union as the exclusive bargaining agent of the employees in the bargaining unit. The bargaining unit is, as described in the Certification Order issued by the Saskatchewan Labour Relations Board dated April 23, 2015.
Amend Article 3 Definition of Academic Term/Term (strike comma after “terms”):
ACADEMIC TERM/TERM – indicates a period of time defined in the Academic Calendar, during which a course for credit may be offered. Regular terms include Fall, Winter, Spring and Summer terms. Some colleges use irregular terms, with different start and/or end dates.
Strike Article 3 “Gender References” and amend pronouns throughout collective agreement to be gender neutral.
Amend Article 10.01 (last sentence, strike comma after “discrimination”):
The parties further agree that there shall be no discrimination, with respect to any employee by reason of gender expression.
Amend Article 12.02 (strike comma after “of”):
12.01 The Employer agrees to provide employees with access to and use of, available libraries, books, duplicating services, office supplies, computing equipment including software, audio-visual equipment, laboratory supplies, personal protective equipment, and any other University facilities, free of charge, when they are required in the performance of the employees’ contractual duties and responsibilities.
Amend Article 12.03:
12.03 Provided prior approval for has been given by the person designated by the Department or College, the Employer shall reimburse the employee for all reasonable travel or other expenses incurred for employment-related activities in accordance with university policies and travel expense guidelines, including departmental level expense guidelines.
Amend Article 14.04 a) (remove bold and strike comma after “appointments”):
14.04 a) All postings where registration in a graduate program is a a requirement for appointment, shall indicate the position will be in-scope of PSAC.
Amend Article 14.04 b) (insert period):
- b) All other postings shall note: “Where a graduate student is appointed to this position, it will be in-scope of PSAC.”
Amend Article 15.05:
15.05 All Employer-required training or job-specific training which that the Employer both agrees that the Employee requires and that for which the Employee shall will be compensated for, shall be paid at the employee’s regular rate of pay. Time for such paid training must be within the employee’s allotted hours.
Amend Article 15.09 (insert period):
15.09 If additional hours are agreed to pursuant to Article 15.08, the hours shall be compensated at the employee’s hourly rate of pay.
Amend Article 17.01 (replace semi-colons and create grammatically parallel sentence):
17.01 The Parties agree that the purposes of evaluations are to assist Employees in improving the quality of their work;, to assess the performance of Employees;, and to document the work performed by the Employee.
Amend Article 17.07 (insert period):
17.07 An employee shall be given a minimum of one (1) week’s notice of the performance evaluation. This does not preclude the Employer from providing day to day feedback.
Amend Article 19.03 (strike comma after “discipline” and improve parallel construction):
19.03 The disciplinary actions that may be taken by the Employer include, but are not limited to, letter(s) of warning or reprimand, suspension(s) with or without pay, and dismissal. Such disciplinary action shall be in accordance with the principles of progressive discipline, and shall be reasonable and commensurate with the seriousness of the violation.
Amend Article 20.01 (strike comma after two instances of “employee”):
20.01 The employee’s official file will be maintained by Human Resources. Upon request, an employee, and/or a representative of the Union authorized by the employee, shall have the right to consult the employee’s official file in the presence of a representative of the Employer. Such requests will be granted within a reasonable time frame. An employee shall have the right to respond in writing to any documents placed in the employee’s file and such response shall be included in the official employee file.
Amend Article 21.08:
21.08 Stage 2
If a satisfactory decision is not rendered within the time limits of Stage 1, the Union may, within thirty (30) calendar days of receipt of the Stage 1 decision or forty–four (44) calendar days from the date of the Stage 1 hearing if a decision has not been provided, refer the written grievance to the Associate Vice-President, People and Resources, or designate.
The grievance shall be heard at Stage 2 within thirty (30) calendar days. A written decision shall be rendered within fourteen (14) calendar days of the meeting.
Amend Article 22.01:
22.01 If a satisfactory decision is not rendered within the time limits of Stage 2, either party may, within thirty (30) calendar days of the Stage 2 grievance decision or forty–four (44) calendar days of the Stage 2 hearing if a decision has not been provided, refer the written grievance to Arbitration.
Amend Article 22.02:
22.02 Within thirty (30) calendar days of the receipt of the written notice of intent to submit the grievance to arbitration, the Parties shall appoint a sole arbitrator to hear the grievance. Where the Parties fail to agree upon a sole arbitrator within the preceding time frame, the Minister of Labour shall, on the request of either Party, appoint a sole arbitrator to hear the grievance.
Amend Article 22.03:
22.03 The arbitrator shall hear the evidence of both parties and render a written decision within thirty (30) calendar days from the completion of taking evidence. The decision of the arbitrator on the matter at issue shall be final and binding on both parties, but the arbitrator shall not be empowered to add to, subtract from, alter or amend the Collective Agreement in any way.
Amend Article 22.04 (delete hard return and make one paragraph):
22.04 Any arbitrator shall have the power to hear any arguments as to whether, in order to avoid consideration of substantive issues, time limits set forth in the grievance
procedure have been unreasonably enforced. [delete hard return] The arbitrator may decide to deal with the case placed before him/her, where the time deficiency is minor.
Amend 28.04:
28.04 Bereavement Leave
An employee may request, and shall be granted, bereavement leave for up to five (5) consecutive days, three (3) of which will be without loss of pay in the event of the death of the employee’s spouse, common-law spouse, parent (including step-parent or foster parent), child (including step-child and foster child); sibling (including step-sibling or foster sibling), grandparent, grandchild, mother-in-law, father-in-law, or any relative permanently residing in the same home as the employee, for up to five (5) consecutive days three of which will be without loss of pay.
An employee may request, and shall be granted, bereavement leave for one (1) day without loss of pay in the event of the death of the employee’s aunt, uncle, cousin, niece, nephew, brother-in-law or sister-in-law, one (1) day without loss of pay.
It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based on individual circumstances. On request, the Employer may, after considering the particular circumstances involved, grant leave with or without pay for a period greater than and/or in a manner different than that provided above. In particular, the employer may consider granting reasonable travel time in addition to the leave granted under this Article.
Amend Article 28.08:
28.08 Maternity and Parental Leave
- An employee who is pregnant, or who is the primary caregiving parent for an adopted child, shall upon request be granted leave without pay for a period of up to fifty two (52) seventy-eight (78) weeks ending not later than fifty-two (52) seventy-eight (78) weeks after the date of birth or custody of the child. The employee shall provide the Employer notice in writing at least four (4) weeks in advance of the anticipated commencement of the leave. In the case of an adoption, the employee shall make every reasonable effort to provide such advance notice.
2. An employee who is not the birth mother, or who is not the primary caregiving parent to a newly adopted child, shall upon request be granted leave without pay of up to thirty seven (37) sixty-three (63) The employee shall provide the Employer notice in writing at least four (4) weeks in advance of the anticipated commencement of the leave.
Capitalize Employee, Union, Party, and Parties throughout the agreement.
B. Substantive Changes
Article 5 – Management Rights
Add new article 5.02:
5.02 The Employer shall exercise its management functions in a manner that is fair, reasonable, equitable, and in accordance with the provisions of this agreement.
Article 10 – No Discrimination and No Harassment
Amend title of Article 10 to read:
Article 10 – No Discrimination, and No Harassment, and Whistleblower Protection
Amend article 10.04:
10.04 a) The university has a discrimination and harassment prevention policy covering all members of the campus community. An employee who believes he or she has been harassed shall have access to the policy and the grievance procedure.
- The employee making a complaint may choose to register it under the Employer’s policy as well as via or the grievance procedure or both simultaneously. However, the policy process will proceed first where there will be an objective investigation including the nature and context of the incident(s).
- In the event the policy process does not address the complaint to the employee’s satisfaction, the complaint is grievable at Step 1. Both parties agree that all proceedings and the results thereof will be dealt with in the strictest confidence.
Add new article 10.07:
Whistleblower Protection
10.07 There shall be no retaliation or threat of retaliation against an employee who, on the basis of a reasonable belief, reports wrongdoing by any member of the campus community or who gives information or evidence in relation to the reported wrongdoing.
An employee who files a malicious report may be disciplined; however, a report that is determined to be unfounded does not necessarily constitute a complaint filed in bad faith.
Article 13 – Appointments
Amend Article 13.02:
13.02 Teaching Assistantships may be included as part of a written commitment the graduate program letter of offer by the unit/department to supplement non-employment funding (e.g. scholarships and/or grants) through employment of hours for a defined duration over the course of the graduate student employee’s program. It is understood that graduate students may elect not to accept such employment.
Insert new Article 13.07 after Article 13.06 and renumber:
13.07 Where additional TA appointments become available after allocating positions under Article 13.05, these additional appointments shall be allocated using the order of preference as set out in Article 13.05 and are subject to the maximum number of hours of work per week as set out at Article 15, Hours of Work.
Article 14 – Job Postings
Amend Article 14.07:
Letters of Offer
14.07 All successful candidates shall receive a letter of offer that shall contain, as a minimum, the following information: course (if applicable), general location of work, duration of employment including start date, end date, total hours of employment, name of Supervisor (if known), rate of pay, average hours of work per day and/or week, and a general outline of duties and responsibilities. The letter shall also include the web address of the current Collective Agreement, the web address of the current University policies and procedures, and the web address of the PSAC Local 40004 website. All signed-off letters of offer shall be copied to the Union within ten (10) days of the Employer’s receipt.
Add new Article 14.08:
14.08 All successful candidates shall receive letters of offer a minimum of two (2) weeks before their appointment begins.
Article 15 – Hours of Work
Amend Articles 15.01:
15.01 a) The maximum number of hours of TA work for any employee, regardless of the number of appointments held, appointment is no more than an average of twelve (12) hours per week. Notwithstanding the preceding, such hours of work may be exceeded due to an amended contract pursuant to 15.08.
- b) The maximum average hours under Article 15.01 a) shall only be exceeded by mutual agreement between the Department/College and the employee. Where the maximum average hours of work provided by Article 15.01 a) are exceeded, the Department or College shall provide reasons in writing to the Union.
Amend Article 15.02:
15.02 a) In no case shall For a course or appointment of standard duration, no the employee shall work more than twenty (20) hours in any given week, unless mutually agreed, or if unusual, or emergency circumstances arise. Unusual circumstances that are reasonably foreseeable must be set out in the Description of Duties and Allocation of Hours form (Appendix B).
- b) For a condensed course and appointment, the employee may exceed the twenty (20) hour restriction provided by Article 15.02 a) to a maximum of forty (40) hours per week.
Amend Article 15.06:
15.06 After the employee has accepted an appointment and been assigned to his or her employment Supervisor, the Supervisor or designate shall meet with the employee, and shall review the letter of offer and assigned duties and complete the appropriate Description of Duties and Allocation of Hours form (Appendix B). The Employment Supervisor shall also provide the Employee with a Union Information Package. This meeting between the employee and the Employment Supervisor shall take place within the first week of the appointment. The Employer shall provide the Union with a copy of the completed Description of Duties and Allocation of Hours form (Appendix B) within ten (10) days of completion.
Amend Article 15.08:
15.08 When a written request is received under 15.07, the supervisor shall provide a response to the employee, in writing, with a copy provided to the department head or dean and the Union. This response shall be provided within five (5) working days of receiving such request, other than in exceptional circumstances.
In cases where it is necessary to amend the number of hours or assigned duties of the appointment, the employee and employer shall amend Appendix B. The Employer shall provide the Union with a copy of the amended Description of Duties and Allocation of Hours form (Appendix B) within ten (10) days of amendment.
An employee may be accompanied by a representative of the Union at any meeting convened to discuss the employee’s request to amend Appendix B.
Article 18 – Training
Amend Article 18.01 to read:
18.01 Each department will provide training for all employees appropriate to the duties required. Attendance at required training sessions shall be deemed time worked. If circumstances prevent an employee from attending departmental training at the time scheduled by the department, the department will provide an alternative training schedule.
Add new Article 18.02:
18.02 If an employee determines that training is needed so that they can effectively fulfil their duties, the employee may request specific training from their Employment Supervisor. Such requests shall be in writing and shall not be unreasonably denied. Attendance at such training shall be deemed as time worked.
Article 19 – Discipline
Amend Article 19.04 to read:
19.04 Employees are entitled to union representation at any disciplinary meeting or any meeting that has a reasonable prospect for becoming disciplinary. Employees will be provided with reasonable notice of any such meeting and shall be advised that they are entitled to union representation at this meeting. Such notice shall be in writing, shall contain all details of the alleged misconduct, and shall advise Employees that they are entitled to be accompanied at this meeting by a Union Representative. Employees are entitled to be heard at such meeting and shall be entitled to append comments to any disciplinary letter.
Amend Article 19.08 to read:
19.08 Where no further disciplinary action against an employee has been taken for the shorter of three (3) worked academic terms or twenty four (24) twelve (12) months, all records of discipline shall be removed from the employee’s file.
Article 28 – Other Leaves of Absence
Add new Article 28.10:
28.10 Critically Ill Family Care Leave
An employee may be eligible for Critically Ill Family Care Leave in accordance with the terms of The Saskatchewan Employment Act. Critically Ill Child Care Leave is an unpaid job-protected leave of up to thirty-seven (37) weeks that allows parents to care for a critically ill or injured child. Critically Ill Adult Leave is an unpaid, job protected leave of up to seventeen (17) weeks for the care of an adult family member who is critically ill or injured.
Add new Article 28.11:
28.11 Interpersonal Violence and Sexual Violence Leave
An Employee shall be eligible for ten (10) days of leave if the Employee, a child of the Employee, or a person for whom an Employee is a caregiver experiences interpersonal or sexual violence, as defined in The Saskatchewan Employment Act. Employees may take five (5) days as paid leave and the balance as unpaid leave.
Appendix B – Description of Duties and Allocation of Hours
Amend Appendix B:
Appendix B – Description of Duties and Allocation of Hours – TAs
The Supervisor (or designate) and the Employee are referred to Article 15 – Hours of Work for full details for completing this form. Article 15.06 requires that the Supervisor (or designate) and Employee meet at the commencement of the appointment to discuss the work to be done, including the assigned duties and estimated hours of work each will involve.
If either the Employer or the Employee has reason to believe that the duties of the position cannot be performed within the hours specified, they shall follow the process as per 15.07 and/or 15.08 of the collective agreement. In cases where it is necessary to amend the number of hours or assigned duties of the appointment, the employee and employer shall amend this form.
As per 15.01, employees may work a maximum of 12 hours per week on average as a TA or GTF. An employee who is offered more than this amount of work as a TA or GTF must inform the individual presenting the offer of employment that they have exceeded this maximum.
Academic term(s): ______________ Start Date (if not beginning of term): __________
Dept of Employment: ______________ Course Name & Number: ____________________
Employee name:________________ E-Mail Address: ____________________________
Employment Supervisor: _________ E-Mail Address: ____________________________
| Duties | Approx. Hours Per Week | Details |
| 1. Preparation (e.g.
reading, lab meetings) |
||
| 2. In class (e.g. tutorials, lectures, labs) | ||
| 3. Marking and Invigilation | ||
| 4. Student Consultation
(e.g. office hours, e-mail) |
||
| 5. Supervision of Field
Work |
||
| 6. Other (as discussed on this date) | ||
| Total Hours/Term |
NB: The categories listed above are intended as examples. All of the categories may not apply to a given appointment.
Supervisor’s Signature ______________________ Date _________________
Dean/Dept. Head __________________________ Date ________________
Employee ________________________________ Date ________________
Union Information Package given: Initials of Supervisor and Employee
_____________________________ Appendix B – Description of Duties and Allocation of Hours – RAs and SAs
The Supervisor (or designate) and the Employee are referred to Article 15 – Hours of Work for full details for completing this form. Article 15.06 requires that the Supervisor (or designate) and Employee meet at the commencement of the appointment to discuss the work to be done, including the assigned duties and estimated hours of work each will involve.
If either the Employer or the Employee has reason to believe that the duties of the position cannot be performed within the hours specified, they shall follow the process as per 15.07 and/or 15.08 of the collective agreement. In cases where it is necessary to amend the number of hours or assigned duties of the appointment, the employee and employer shall amend this form.
Academic term(s): ______________ Start Date (if not beginning of term): __________
Dept of Employment: ___________ Course Name & Number: ____________________
Employee name:________________ E-Mail Address: ____________________________
Employment Supervisor: _________ E-Mail Address: ____________________________
| Duties | Approx. Hours Per Week | Details |
|
|
||
|
|
||
|
|
||
| Total Hours |
Supervisor’s Signature _______________________Date _________________
Dean/Dept. Head ___________________________Date ________________
Employee _________________________________Date ________________
Union Information Package given: Initials of Supervisor and Employee
_____________________________
Memorandum of Agreement: Employment Equity
Amend to read:
Memorandum of Agreement: Employment Equity Survey
The University of Saskatchewan and the Public Service Alliance of Canada have a joint interest in achieving equity in the workplace so that all employees are treated with dignity and respect and are provided the opportunity to achieve their full potential.
The University of Saskatchewan is committed to achieving and maintaining a fair and representative work force through the design and implementation of an Employment Equity Plan which is consistent with provisions of The Saskatchewan Human Rights Code. Given that shared commitment to Employment Equity, the parties agree that within sixty (60) calendar days of signing this Agreement, they will form an Ad Hoc Employment Equity Committee (AHEEC) consisting of two members chosen by the Employer and two members chosen by the Union. Within sixty (60) days of the committee’s formation, the AHEEC shall design and conduct a confidential employment equity survey of employees. The committee will follow best practices in designing and conducting the survey. It will survey factors including but not limited to the equity profile of the membership by Department/School/College, experiences of systemic discrimination, and perceived obstacles to employment equity at the University of Saskatchewan.
The collated results of the Employment Equity Survey shall be finalized within sixty (60) calendar days of conducting the survey and presented to the Presidents of the university and the local.
Employment equity is a process designed to improve the representation of systemically disadvantaged groups, especially aboriginal peoples, persons with disabilities, visible minorities and women at the University of Saskatchewan. The University and the Union value diversity recognize the importance of providing opportunities in this bargaining unit for these target groups.
Add new MOA on Employment Supervisor Training
Memorandum of Agreement
Between
The University of Saskatchewan
And
The Public Service Alliance of Canada
Employment Supervisor Training
Whereas the Employer acknowledges the fundamental roles played by Employment
Supervisors in the administration of this Collective Agreement,
And whereas knowledge of the provisions of this Collective Agreement is essential to its fair administration,
Therefore, the Employer and the Union agree that:
- Within sixty (60) calendar days of ratification of this Collective Agreement, the Parties shall each designate two representatives who will cooperate on the development of an semiannual Employment Supervisor Workshop (hereafter “the Workshop”) on the provisions of the Collective Agreement and any Acts written into the Collective Agreement;
- Within ninety (90) calendar days of ratification of this Collective Agreement, the Parties shall complete development of the Workshop;
- The Workshop shall be delivered on a semi-annual basis to Employment Supervisors of employees;
- All Employment Supervisors of employees shall attend the Workshop at least once during the life of this Collective Agreement, normally before assuming any responsibilities for administering the Collective Agreement.
Dated this [day] of [month], [year]
____________________ _______________________
Colin Weimer John Eustace
Negotiator, University of Western Ontario Negotiator, PSAC
PSAC Local 40004 