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2015 2019 ESU CAPE collective agreement .pdf


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AGREEMENT BETWEEN

THE CANADIAN ASSOCIATION OF
PROFESSIONAL EMPLOYEES
AND
THE CAPE STAFF UNION (ESU)

CAPE-ESU Collective Agreement

Expiry: April 30, 2019

TABLE OF CONTENTS
ARTICLE 1 - PURPOSE OF AGREEMENT ..........................................................................................................4
*ARTICLE 2 - INTERPRETATION AND DEFINITIONS .......................................................................................4
ARTICLE 3 - APPLICATION ....................................................................................................................................6
ARTICLE 4 - MANAGEMENT RIGHTS AND CONSULTATIONS .....................................................................6
ARTICLE 5 - RECOGNITION ...................................................................................................................................7
ARTICLE 6 - UNION SECURITY .............................................................................................................................7
ARTICLE 7 - USE OF EMPLOYER FACILITIES ..................................................................................................8
ARTICLE 8 - APPOINTMENT OF STEWARDS ....................................................................................................8
*ARTICLE 9 - LEAVE FOR STAFF RELATIONS MATTER ...............................................................................9
ARTICLE 10 - HOURS OF WORK ........................................................................................................................ 10
ARTICLE 11 - OVERTIME ...................................................................................................................................... 12
ARTICLE 12 - TRAVELLING TIME ....................................................................................................................... 15
ARTICLE 13 - PAY ................................................................................................................................................... 15
ARTICLE 14 - DESIGNATED PAID HOLIDAYS ................................................................................................ 16
ARTICLE 15 - VACATION LEAVE WITH PAY ................................................................................................... 17
ARTICLE 16 - SICK LEAVE WITH PAY .............................................................................................................. 19
*ARTICLE 17 - OTHER LEAVE ............................................................................................................................. 21
ARTICLE 18 - CAREER DEVELOPMENT ........................................................................................................... 31
ARTICLE 19 - TECHNOLOGICAL CHANGE ...................................................................................................... 35
*ARTICLE 20 - STAFFING OF POSITIONS ........................................................................................................ 35
ARTICLE 21 - PROBATION ................................................................................................................................... 36
*ARTICLE 22 - JOB SECURITY ............................................................................................................................ 37
ARTICLE 23 - DISCIPLINARY ACTION .............................................................................................................. 39
*ARTICLE 24 - SEVERANCE PAY ....................................................................................................................... 41
*ARTICLE 25 - PENSIONS AND BENEFITS ...................................................................................................... 42
*ARTICLE 26 - GRIEVANCE PROCEDURE ....................................................................................................... 44
ARTICLE 27 - STATEMENT OF DUTIES ............................................................................................................ 46
ARTICLE 28 - EMPLOYEE FILES AND EMPLOYEE PERFORMANCE REVIEW....................................... 46
*ARTICLE 29 - BILINGUALISM BONUS ............................................................................................................. 47
ARTICLE 30 - PART-TIME EMPLOYEES ........................................................................................................... 48
ARTICLE 31 - AGREEMENT RE-OPENER ......................................................................................................... 48
ARTICLE 32 - HEALTH AND SAFETY ................................................................................................................ 48
ARTICLE 33 - NO STRIKE/NO LOCK-OUT ........................................................................................................ 50
ARTICLE 34 - LEAVE WITH INCOME AVERAGING ........................................................................................ 50
ARTICLE 35 - NO DISCRIMINATION................................................................................................................... 50

ARTICLE 36 - HARASSMENT-FREE WORKPLACE ........................................................................................ 50
ARTICLE 37 - CLASSIFICATION ......................................................................................................................... 56
*ARTICLE 38 - TRANSPORTATION ALLOWANCE ......................................................................................... 57
*ARTICLE 39 - WELLNESS ALLOWANCE ........................................................................................................ 58
*ARTICLE 40 - DURATION .................................................................................................................................... 58
SIGNATURES PAGE............................................................................................................................................... 59
*APPENDIX A - ESU RATES OF PAY ................................................................................................................. 60
APPENDIX B - MEMORANDUM OF UNDERSTANDING – SALARY PROTECTION ................................. 62
*APPENDIX C - MEMORANDUM OF UNDERSTANDING – PRE-RETIREMENT TRANSITION LEAVE 63
*APPENDIX D - MEMORANDUM OF UNDERSTANDING – VISION CARE ................................................ 67
*APPENDIX D - GROUP INSURANCE PLAN REVIEW COMMITTEE ........................................................... 68
*APPENDIX E - MEMORANDUM OF UNDERSTANDING - REPAYMENT OF TAXABLE BENEFITS .... 69
APPENDIX F - MEMORANDUM OF UNDERSTANDING - CLASSIFICATION PLAN ................................ 72
APPENDIX G - MEMORANDUM OF UNDERSTANDING - THE NATIONAL OFFICE............................... 73

*

denotes changed or new text

CAPE-ESU Collective Agreement

Expiry: April 30, 2019

ARTICLE 1
PURPOSE OF AGREEMENT
1.01

The purpose of this Agreement is to establish clear and mutually agreed rights,
terms and conditions of employment.
ARTICLE 2
INTERPRETATION AND DEFINITIONS

2.01

For the purpose of this Agreement:
(a)

"Act" means the Ontario Labour Relations Act;

*(b)

“bargaining unit” means all the employees of the employer as described in
the decision rendered by the Ontario Labour Relations Board on the 5
March 2004, save and accept the President of CAPE, the Director of
Professional Services, the Director of Operations, the Director of Policy,
the Executive Assistant to the President, the Finance Officer and students.

(c)

"Board" means the Ontario Labour Relations Board;

(d)

"continuous employment": means continuous employment with the
Employer including continuous employment with the two founding
organizations of CAPE, the Social Science Employees Association
(SSEA) and the Canadian Union of Professional and Technical (CUPTE);

(e)

"daily rate of pay" means an employee's weekly rate of pay divided by five
(5);

(f)

"day of rest" in relation to an employee means a day, other than a holiday
on which that employee is not ordinarily required to perform the duties of
the position other than by reason of the employee being on leave or
absent from duty without permission;

(g)

"double time" means twice the hour-for-hour rate;

(h)

"employee" means a person who is a member of the bargaining unit;

(i)

"employer" means the Canadian Association of Professional Employees;

(j)

"headquarters area" means the National Capital Region;

5

(k)

"holiday" means the twenty-four (24) hour period commencing at 00:01 of
a day designated as a holiday in this Agreement;

(l)

"hour-for-hour" means the hourly rate of pay obtained by dividing a fulltime employee's weekly rate of pay by thirty-five (35), and a part-time
employee's weekly rate of pay by the number of hours the employee
normally works;

(m)

"lay-off" means the termination of an employee's employment because of
circumstances outlined in Article 22;

(n)

"leave" means authorized absence from duty by an employee during
regular or normal hours of work;

(o)

"membership dues" means the dues established pursuant to the
constitution of the union as the dues payable by its members as a
consequence of their membership in the Union;

(p)

"overtime" means work performed by an employee in excess of scheduled
daily hours of work;

(q)

"time and one-half" means one and one-half (l 1/2) times the hour-for-hour
rate;

(r)

"union" means the CAPE Staff Union;

(s)

"weekly rate of pay" means an employee's annual rate of pay divided by
52.176.

(t)

"spouse" will be interpreted to include common-law spouse and same-sex
spouse. A spousal relationship exists when a) a couple are married or b)
where an employee has, for a continuous period of at least one year, lived
with a person and continues to live with the person as if the person were
his/her spouse.

CAPE-ESU Collective Agreement

Expiry: April 30, 2019

ARTICLE 3
APPLICATION
3.01

The provisions of this Agreement apply to the CAPE Staff Union, employees and
the employer.

3.02

Interpretations and supplemental agreements will be drafted as Memoranda of
Understanding.

3.03

Both the English and the French text of this agreement are official.
ARTICLE 4
MANAGEMENT RIGHTS AND CONSULTATIONS

4.01

All the functions, rights, powers and authority which the employer has not
specifically abridged, delegated or modified by this Agreement are recognized by
the union as being retained by the employer.

4.02

The employer and the union recognize the importance of consultation on matters
relating to the application of the collective agreement and working conditions in
the bargaining unit. Regular labour-management consultations between union
representatives and representatives of the employer, including representation
from the elected representatives on the CAPE National Executive Committee,
shall be implemented by the parties. Consultation meetings can be called by
either party and shall be held within three weeks of the request, unless the
parties agree to an extension of the time limit.

4.03

The employer and union recognize the importance of timely communication of
CAPE National Executive Committee decisions and deliberations on matters
affecting the work and working conditions of employees.

7
ARTICLE 5
RECOGNITION
5.01

The employer recognizes the union as the exclusive bargaining agent of the
employees in the bargaining unit.

5.02

Except as provided in Article 5.03, a person who is hired for a term of less than
22 consecutive working days shall not be considered an employee for the
purposes of this Agreement.

5.03

Notwithstanding Article 5.02, any person who has been hired for more than one
(1) term appointment in a calendar year, shall be considered an employee for
purposes of this Agreement as of the day on which that person’s total
accumulated period of employment exceeds 31 non-consecutive working days in
one (1) calendar year. The parties agree that for the purposes of this Article a
day shall be each seven (7) hours worked.

5.04

A term employee who has two (2) years of continuous service with the employer
shall be deemed to be a permanent employee, unless the term appointment is for
the purpose of staffing a position held by a permanent employee on leave.
ARTICLE 6
UNION SECURITY

6.01

The employer agrees to deduct half of the monthly dues, as established by the
union, from each of two (2) bi-weekly salary cheques each month for each
employee and forward same to the union together with a list of employees and
the amount from whom deductions were made.

6.02

The employer shall ensure that T4's issued to employees show the amount
deducted for union membership dues and remitted to the union.

CAPE-ESU Collective Agreement

Expiry: April 30, 2019

ARTICLE 7
USE OF EMPLOYER FACILITIES
7.01
a)

The employer agrees that if there is space available, the union will be allowed to
use the employer's premises for purposes of union meetings convened normally
outside of working hours.

b)

The Union may convene one one-hour monthly meeting during the lunch period.
An employee whose lunch hour is less than one hour shall make up the time with
prior approval from his or her supervisor.

c)

It is agreed that meetings of the employer shall take precedence. Reasonable
notice shall be provided to management when ESU plans to use the premises for
a meeting.
The employer agrees to allow the union to use office e-mail and the photocopier
for communication purposes. The employer will also provide a bulletin board and
reasonable filing space for use by the union.

d)

ARTICLE 8
APPOINTMENT OF STEWARDS
8.01

The employer acknowledges the right of the union to appoint employees as
stewards of the union.

8.02

The union agrees to limit the appointment of stewards to a reasonable number.

8.03

The union shall notify the employer of the names of the stewards.

8.04

A steward shall obtain, whenever possible, the permission of the immediate
supervisor before discontinuing work to investigate complaints of an urgent
nature, to meet with management for the purpose of dealing with grievances and
to attend meetings called by management. Such permission shall not be
unreasonably withheld.

9
*ARTICLE 9
LEAVE FOR STAFF RELATIONS MATTERS
*9.01 The employer shall grant reasonable time off:

9.02

(a)

with pay to a maximum number of four (4) employees who
represent the union in labour management consultations;

(b)

with pay to one (1) union representative for a grievance
presentation to the employer; and

(c)

with pay to one (1) union representative for grievance arbitration, or
in any matter before a Labour Relations Board relating to the
employer, or before a conciliation officer or mediator appointed
pursuant to the Labour Relations Act.

* (d)

The Employer shall grant ESU representatives leave with pay up to
a maximum of 20 person-days for collective bargaining sessions
with the Employer.

The employer shall grant time off with pay to an employee called as a witness in
a grievance, arbitration or conciliation hearing, employment-related tribunal or in
any matter before a Labour Relations Board relating to the employer upon
providing the employer with documentation.

*9.03 Negotiations for the renewal of this collective agreement shall be conducted at a
time mutually agreeable to the parties.

CAPE-ESU Collective Agreement

Expiry: April 30, 2019


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