Transcription of COLLECTIVE AGREEMENT between DALHOUSIE …
1 COLLECTIVE AGREEMENT between DALHOUSIE university - and - NOVA SCOTIA government AND GENERAL EMPLOYEES UNION Local 77 DATED: day of March, 2016 COLLECTIVE AGREEMENT between DALHOUSIE university - and - NOVA SCOTIA government AND GENERAL EMPLOYEES UNION July 1, 2014 TO June 30, 2017 TABLE OF CONTENTS ARTICLE - PURPOSE .. 1 ARTICLE .. 2 ARTICLE - RECOGNITION .. 4 ARTICLE - WORK JURISDICTION .. 4 ARTICLE - CONTRACTING 5 ARTICLE - UNION SECURITY AND CHECK OFF .. 6 ARTICLE - UNION OFFICERS AND STEWARDS .. 6 ARTICLE - UNION NOTICES AND MEETINGS .. 8 ARTICLE - STATISTICS CONCERNING EMPLOYEES .. 9 ARTICLE - SENIORITY .. 9 ARTICLE - LAY-OFF, REDEPLOYMENT, RECALL AND SEVERANCE PAY.
2 12 ARTICLE - TECHNOLOGICAL CHANGE .. 16 ARTICLE - ORGANIZATIONAL CHANGE .. 17 ARTICLE - MANAGEMENT RIGHTS .. 18 ARTICLE - PROBATIONARY EMPLOYEES .. 19 ARTICLE - TERM POSITIONS .. 20 ARTICLE - TEMPORARY EMPLOYEES .. 21 ARTICLE - RECURRING SESSIONAL EMPLOYMENT .. 21 ARTICLE - RETIREMENT .. 23 ARTICLE - TERMINATION OF EMPLOYMENT .. 23 ARTICLE - JOINT EMPLOYER - UNION 24 ARTICLE - LABOUR-MANAGEMENT RELATIONS .. 24 ARTICLE INSURED EMPLOYEE BENEFITS .. 25 ARTICLE PENSION PLAN .. 26 ARTICLE - HEALTH AND SAFETY .. 27 ARTICLE - JOB POSTING .. 30 ARTICLE - JOB EVALUATION .. 34 ARTICLE - HOURS OF WORK .. 37 ARTICLE - OVERTIME .. 39 ARTICLE MEDICAL/DENTAL APPOINTMENTS .. 42 ARTICLE - TEMPORARY ASSIGNMENT .. 43 1 ARTICLE - SHIFT WORK.
3 44 - WEEKEND PREMIUM .. 45 ARTICLE - CALL-IN AND STANDBY .. 45 ARTICLE - WAGE RATES .. 46 ARTICLE - SICK LEAVE .. 49 ARTICLE - LEAVES OF ABSENCE .. 55 ARTICLE - PREGNANCY, PARENTAL, AND ADOPTION LEAVES .. 57 ARTICLE - HOLIDAYS .. 60 ARTICLE - ANNUAL VACATION .. 62 ARTICLE - TUITION WAIVER .. 68 ARTICLE - DISCIPLINE AND DISCHARGE .. 70 ARTICLE - GRIEVANCE PROCEDURE .. 72 ARTICLE - ARBITRATION PROCEDURE .. 75 ARTICLE - NO DISCRIMINATION .. 77 ARTICLE - SEXUAL 77 ARTICLE PERSONAL HARASSMENT .. 78 ARTICLE EMPLOYMENT EQUITY .. 78 ARTICLE - EMPLOYEE RECORDS .. 78 ARTICLE - PAY PERIODS .. 80 ARTICLE - FUTURE LEGISLATION .. 80 ARTICLE - REVISION OR WAIVER BY MUTUAL AGREEMENT .. 80 ARTICLE - COPIES OF AGREEMENT .. 80 ARTICLE - DURATION OF AGREEMENT .
4 81 APPENDIX "A (Page 1) .. 83 BARGAINING UNIT OF NOVA SCOTIA government .. 83 KEY TO .. 86 APPENDIX "B" .. 86 APPENDIX B-1 WAGE RATES .. 87 APPENDIX B-2 WAGE RATES .. 88 APPENDIX B-3 WAGE RATES .. 89 APPENDIX B-4 WAGE RATES .. 90 2 APPENDIX B-6 WAGE RATES .. 92 APPENDIX "C" (Page 1) .. 93 SUPPLEMENTARY UNEMPLOYMENT BENEFIT PLAN .. 93 APPENDIX "D" .. 98 GRIEVANCE FORM .. 98 MEMORANDUM OF AGREEMENT .. 99 MEMORANDUM OF AGREEMENT .. 100 MEMORANDUM OF AGREEMENT .. 101 MEMORANDUM OF AGREEMENT .. 103 Memorandum of AGREEMENT .. 106 Memorandum of AGREEMENT .. 107 Memorandum of AGREEMENT .. 109 1 PARTIES TO THE AGREEMENT THIS AGREEMENT , hereinafter referred to as the AGREEMENT ", is entered into this day of March, 2016. BY AND between : DALHOUSIE university , a body corporate, incorporated under the laws of the Province of Nova Scotia, hereinafter referred to as the "EMPLOYER".
5 AND: NOVA SCOTIA government AND GENERAL EMPLOYEES UNION hereinafter referred to as the "UNION". ARTICLE - PURPOSE The Parties to the AGREEMENT , having regard to their mutual goal of achieving cooperative, congenial and productive relations based on respect, trust and dignity among and between all members of the DALHOUSIE Community, agree that the purpose of this AGREEMENT is: (a) to set out terms and conditions of employment for members of the Bargaining Unit; and, (b) to provide a method of settling any differences which arise between the Parties hereto. 2 ARTICLE For the purpose of this AGREEMENT : (a) Bargaining Unit means the Bargaining Unit described in Appendix A ; (b) "Director of Employee Relations, Human Resources" means said Director with responsibility for administration of this AGREEMENT or his or her designate; (c) "Employee" means an Employee of the university included in the Bargaining Unit defined in Appendix "A"; (d) Employer" means DALHOUSIE university ; (e) Recurring Sessional Employee means an Employee who is appointed to a recurring sessional appointment in accordance with Article 18 Recurring Seasonal Employment.
6 (f) Regular Full-time Employee means one who is appointed to a regular position in the Bargaining Unit with normal hours of work in accordance with Article (Hours of Work) of the COLLECTIVE AGREEMENT ; (g) Regular Part-time Employee means one who is appointed to a regular position in the Bargaining Unit with hours of work which are less than the normal hours of work of a Regular Full-time Employee. Unless specifically expressed otherwise in this AGREEMENT , and in accordance with the university Benefits Plan, Regular Part-time Employees are entitled to the benefits of this AGREEMENT on a pro rata basis; (h) Spouse means a person who is either: 3 (i) married through an ecclesiastical, religious, or civil ceremony to an Employee, or (ii) although not married to an Employee, cohabits with the Employee for at least 12 months in a conjugal relationship.
7 The term conjugal relationship shall be deemed to include a conjugal relationship between partners of the same sex. (i) Temporary employee means an employee hired to fill a temporary vacancy or temporary job for a period of up to one hundred and eighty-three (183) calendar days or for the purpose of replacing a member of the Bargaining Unit during a temporary absence from her/his position. Temporary employees are not members of the Bargaining Unit. (j) Term Employee means an Employee who is appointed to a term position, that is, a new position that is created for a specified term or project, in the Bargaining Unit of more than one hundred and eighty-three (183) calendar days expected duration. (k) "Union" means the Nova Scotia government and General Employees Union; (l) "Union Notice Boards" means existing notice boards or parts of existing notice boards in university buildings which have been designated and reserved for the use of the Union.
8 Throughout this AGREEMENT , the masculine includes the feminine and the plural includes the singular, and vice versa as the context may require. 4 ARTICLE - RECOGNITION The Employer recognizes the Union as the sole and exclusive bargaining agent for all Employees in the Bargaining Unit described in Appendix "A". Except for arrangements which may have existed prior to March 10, 1982, or as may be authorized by the Union, no Employee shall be required or permitted to make a written or verbal AGREEMENT with the Employer which may conflict with the terms of this AGREEMENT . If new positions are established by the Employer which the Union claims to come within the jurisdiction of the Bargaining Unit as described in Appendix "A", the Parties hereto shall meet and attempt to reach AGREEMENT on such new positions.
9 If no AGREEMENT is reached, the matter may be referred by either party to the Labour Relations Board (Nova Scotia) for final resolution and such employee shall remain outside the Bargaining Unit until a decision is rendered by the Labour Relations Board (Nova Scotia). The Employer shall notify the Union of the proposed exclusion of any existing position from the Bargaining Unit and the basis for such exclusion. If the Union objects to the exclusion, the Parties shall endeavour to reach AGREEMENT , and if no AGREEMENT is reached, the matter may be referred by either party to the Labour Relations Board (Nova Scotia) for final resolution. ARTICLE - WORK JURISDICTION Positions normally filled by Employees within the Bargaining Unit shall continue to be filled by Employees within the Bargaining Unit, but this shall not prevent contracting out, subject to the provisions of the Trade Union Act and the provisions of this COLLECTIVE AGREEMENT .
10 No Employee shall be laid off because the principal duties of her/his position are reassigned to, or assumed by, an employee outside the Bargaining Unit. (a) Student employees shall not displace members of the Bargaining Unit or fill Bargaining Unit positions. 5 (b) The funding of any Bargaining Unit position shall not be changed from operating to grant sources for the purpose of excluding that position from the Bargaining Unit. (c) Without restricting the right of the Employer to establish and maintain appropriate management structures, the assignment of nominal management functions shall not result in the exclusion of a position from the Bargaining Unit. ARTICLE - CONTRACTING OUT No Employee shall be laid off due to the contracting out of work normally done by members of the Bargaining Unit providing the Employee agrees to relocation.
