51本色

1.01 The general purpose of the Agreement is to establish an orderly collective bargaining relationship between 51本色, in the Regional Municipality of Waterloo, The City of Brantford and the Regional Municipality of Halton, and its Employees represented under this Agreement by the Ontario Public Service Employees Union/Syndicat des Employés de la Fonction Publique de l'Ontario (hereinafter referred to as the Union), to ensure the prompt and peaceful resolution of disputes, grievances, and to set forth an agreement covering rates of pay and other working conditions.

Act: designates The 51本色 Act, S.O. 1973, as amended 2001.

Agreement: is this collective agreement negotiated between and ratified by the University and the Ontario Public Service Employees Union/Syndicat des Employés de la Fonction Publique de l'Ontario (OPSEU/SEFPO).

Bargaining Unit: is defined and clarified by the certificate of the Ontario Labour Relations Board, number 2234-19-R, dated December 12, 2019, as set out in Article 2, Recognition and appended as Schedule A.

Board: is the Board of Governors of 51本色, as provided for in the Act.

Child: Except where otherwise indicated, will include a natural, adopted or stepchild of the employee who is under age twenty one (21) and primarily dependent on you, or under age twenty six (26) if they are full-time students.

Continuing Position: a position, either full-time or part-time, where no ending or renewal date is stated at the time of posting.

Day: means a working day, inclusive of Saturdays, Sundays, and all holidays observed by the University, except as otherwise defined in this Agreement.

Designate: an individual authorized to act on behalf of an officer of the University, or an individual named to represent an Employee, group of Employees or the Union.

Employee: Employee means an employee of 51本色 included in the bargaining unit.

Employer: 51本色.

Full-Time Employee: one whose regularly scheduled hours of work are twelve hundred and fifty (1250) or more per year.

Internally: is understood to mean positions represented by Ontario Public Service Employees Union/Syndicat des Employés de la Fonction Publique de l'Ontario (OPSEU/SEFPO) within the Special Constable Service Group at 51本色.

Limited-Term Position: a position, either full-time or part-time, where an ending date is stated at the time of posting and where there is no employment commitment beyond the specified term. Typically, these positions are for durations of up to approximately twelve (12) months, but no less than three (3) months.

Member: shall mean a member of OPSEU/SEFPO Local 231.

Paid Duty: off-duty Special Constables and Security Guard/Communication Officers are hired to perform their duties for a client of the University.

Parties: to this Agreement are the University and the Union.

Part-Time Employee: one whose regularly scheduled hours of work are less than twelve hundred and fifty (1250) hours per year.

President: the President of the University.

Reference Salary: the nominal annual salary to which the employee would be entitled if not on a leave or reduced salary program, excluding overtime payments and other supplementary payments.

Seniority: as referred to in this Agreement shall mean length of continuous service with 51本色 from a member’s initial date of hire as a Special Constable or Security Guard/Communication Officer within the Wilfrid 51本色 Campus Special Constable Services department. Seniority shall be applied on a bargaining unit wide basis.

Sergeant: responsible for the day-to-day supervision and oversight, including functional instruction and guidance, of a platoon of sworn officers and non-sworn Employees.

Security Guard/Communications Officer: This is a hybrid role of being the first line of communication between the Communications Centre and Special Constables, members of the public and University constituents by responding to calls by dispatching officers or redirecting administrative calls for service plus security guard duties. Must obtain, maintain security clearance and Ontario security guard license.

Special Constable: Employees are appointed by the Police Services Board of jurisdiction and the Ministry of the Solicitor General. The appointment provides use of force options, some police officer powers, and the status of a peace officer. Sworn-in officers are involved in proactive patrols and forms partnerships on the University’s campus related to safety and security. Must obtain and maintain security clearance.

Spouse: except where otherwise indicated, is a person married to an employee, or cohabiting with an employee continuously for a period of not less than one (1) year.

Union: the Ontario Public Service Employees Union/Syndicat des Employés de la Fonction Publique de l'Ontario representing Employees of this Bargaining Unit.

Union Steward: shall mean any active member of OPSEU/SEFPO Local 231 who has completed their probationary period and has been elected or appointed to act and/or make decisions on behalf of the Union.

University: 51本色, and its designates, the Board of Governors of 51本色, or any officers authorized to act on behalf of the Board, and is hereinafter referred to as the University.

3.01 The Employer recognizes the Union as the exclusive bargaining agent of the employees in the bargaining unit. The bargaining unit includes all persons employed by 51本色 in the 51本色 Special Constable Service, in the Regional Municipality of Waterloo, The City of Brantford and the regional Municipality of Halton, save and except Sergeant and those above the rank of Sergeant, managers and persons for whom any trade union held bargaining rights prior to March 12, 2020.

3.02 No arrangements are to be made between the management and members of OPSEU/SEFPO Local 231 which are inconsistent with the provisions of this Agreement.

4.01 The Union acknowledges that the University possesses and may exercise all powers conferred upon it under the Act, subject to the express provisions of this Agreement. In the implementation of the provisions of this Agreement, the University shall act fairly, equitably, and ethically in its actions affecting Employees.

4.02 The Union acknowledges that it is the function of the University to:

a) to hire, appoint, assign, transfer, promote, demote, layoff, recall and classify Employees and it is the right of the University to dismiss, suspend or otherwise discipline any Employee for just and sufficient cause, in a fair and equitable manner in accordance with the provisions and specifications of this Agreement.

b) to determine the materials, facilities, and equipment to be used, the specifics or the assigned work, the methods and techniques of work, the standards of performance, the schedule of work and the number of persons to be employed.

c) to establish, enforce, and alter from time to time, rules, and regulations to be observed by the Members.

5.01 The Employer acknowledges the right of the Union to appoint or otherwise select Employees as representatives.

5.02 The Union shall notify the Employer in writing of the name and jurisdiction of its representatives as well as any updates or changes to that list as they occur.

5.03

a) It is agreed that stewards have regular duties as employees to perform and that whenever possible time spent investigating employee complaints, processing a grievance, or undertaking any other Union business will be conducted outside of working hours. If it is necessary to attend to Union business during working hours, stewards will not leave their work without first obtaining permissions from their Sergeant. Such permission will not be unreasonably withheld.

b) Meetings involving grievances or complaints arising from this Collective Agreement shall be at times agreed to between the Union and the Employer.

c) A grievor, a Union Steward, or an employee whose participation is necessary at a meeting arranged between the Employer and the Union who attends such a meeting during their normal working hours shall suffer no loss of pay or benefits for time spent attending the meeting. Whenever possible, any such meetings will be scheduled during the working hours of the parties involved. At any such meeting, the grievor is entitled to be assisted by their Steward and a Staff Representative of OPSEU/SEFPO when necessary.

5.04 Duly authorized representatives of the Union shall be permitted to transact official business of the Union with Employees of the Union or with official representatives of the University, on University property, provided such business shall not interfere with the normal operations of the University.

6.01 The Employer agrees to recognize one (1) Chief Steward and three (3) Union Stewards elected or appointed from among the employees in the bargaining unit, one of which must be appointed on the Brantford campus.

6.02 The duty of the Stewards shall be to represent employee(s) and to process grievances or complaints as outlined in the grievance procedure of this Agreement.

6.03 The Union will inform the Employer, in writing, of the names of the Stewards and of any subsequent changes and the Employer will not be required to recognize such Stewards until notification from the Union has been received.

6.04 The Union acknowledges that the Stewards have regular duties to perform on behalf of the Employer. Such persons shall not leave their regular duties without first receiving permission from their supervisor. Such permission shall be granted based on operational requirements and shall not be withheld unreasonably. It is understood that operational requirements may require the Steward to return to their regular duties at any time. It is further understood that any cancelled or interrupted meetings would be rescheduled or resumed as soon as possible.

6.05

a) Meetings involving grievances or complaints arising from this Collective Agreement shall be at times agreed to between the Union and the Employer.

b) A grievor, a Union Steward, or an employee whose participation is necessary at a meeting arranged between the Employer and the Union who attends such a meeting during their normal working hours shall suffer no loss of pay or benefits for time spent attending the meeting. Whenever possible, any such meetings will be scheduled during the working hours of the parties involved. At any such meeting, the grievor is entitled to be assisted by their Steward and a Staff Representative of OPSEU/SEFPO when necessary.

c) The University agrees that the Staff Representative of OPSEU/SEFPO may enter the workplace and speak with Employees of the Union during working hours subject to advanced notice being provided to the Director, Special Constable Service or their designate. Access to certain areas may be restricted for security and/or privacy reasons.

6.06 Negotiating Committee

a) The Employer agrees to recognize the Negotiating Committee comprised of a Union Staff Representative and up to three (3) bargaining team representatives and one (1) alternate who shall be elected or appointed from amongst the employees in the bargaining unit for the purpose of negotiating the Agreement or its renewal. The representatives elected should be comprised of a cross-section that incorporates various campuses, shifts or platoons to ensure regular operations can be maintained. An Employee of the Negotiating Committee shall suffer no loss of pay or benefits for time spent during their regular working hours negotiating the renewal agreement up to and including conciliation. Should an Employee of the Negotiating Committee be required to attend negotiations outside of their regular shift schedule, the University will provide the employee with pay at their straight time wage rate for time spent negotiating, up to and including conciliation, equivalent to their regular normal daily hours per negotiation date. Either party may utilize additional resource staff as may be required.

b) Subject to operational requirements being met, the University agrees to release negotiation team Employees for the purposes of negotiation preparation. Such release time must first be requested in writing to the Director, Special Constable Service, or their designate, no less than eighteen (18) calendar days in advance of the leave being taken. The University will provide negotiating team members with three (3) days based on normal working hours of the respective position with full compensation and benefits. If additional release time is required for negotiation preparation, the Union will reimburse the University for the cost of all wages and benefits for negotiating team members during the release time.

6.07 Joint Labour/Management Committee

a) It is agreed that a Joint Labour/Management committee will be established with equal representatives of the Union and of the Employer (Up to three (3) representatives from the Employer and the Union).

b) The Committee shall meet whenever the need arises, but in any event, at least every three (3) months, unless it is mutually agreed to forgo the meeting. Each party shall notify the other party of the proposed agenda items one (1) week in advance of the meeting.

c) The Committee shall have Co-Chairpersons appointed by the respective Parties. Each Co-Chairperson will alternately be responsible for convening and chairing meetings of the Committee.

d) The purpose of the Committee is to review matters of mutual interest arising from the application of this Agreement and to foster communications and co-operation between the Parties, but the Committee shall not have the power to deal with any matters which are properly the subject of a grievance or negotiation.

e) Employees serving on the Labour/Management Committee shall suffer no loss of pay or benefits for time spent during their normal working hours attending the meeting.

6.08 Employees shall have the right to the assistance of an OPSEU/SEFPO Staff Representative whenever necessary. The Union agrees that the exercise of this right shall not interfere with the Employer's operation.

6.09 Copies of the Agreement

The parties agree that within thirty (30) days of ratification, a draft electronic copy of the Collective Agreement will be published on the University’s Human Resources website. The University shall make the finalized version of the Collective Agreement available on the Human Resources website as soon as is reasonably practicable thereafter. Where requested, the parties shall co-operate in making the Agreement accessible to employees as required by the Accessibility for Ontarians with Disabilities Act (AODA).

6.10 Bulletin Board

The Employer will provide bulletin boards for the purpose of posting notices regarding meetings and other matters of Union business. Notices must be approved by the Union Local President or Unit Steward.

7.01 During the term of this Agreement and in view of the orderly procedure for settling grievances established hereby, the University agrees that it will not call or authorize and no officer, official or agent of the University will counsel, procure, support or encourage any lock-out of its employees; the Union agrees that it will not call or authorize, and no officer, official or agent of the Union will counsel, procure, support or encourage a strike. The Union further agrees that any strike or other action designed to restrict or limit the work or the University’s operations by employees would be in violation of this Agreement and if any such strike or action takes place involving Union members, the Union will repudiate it forthwith and advise its members to return to work or cease such action.

7.02 “Strike” and “lockout” bear the meanings used in the Ontario Labour Relations Act.

8.01 Correspondence

All regular correspondence between the Parties arising out of or incidental to this Agreement, except where otherwise expressly provided, shall pass between the President of the Union (or designate) and the officer designated by the Employer (or designate). Such correspondence may either be delivered directly, be forwarded through the University’s internal postal service, or be sent via email.

It is the obligation of the Employee to maintain a current and correct address with the Employer and to advise the Employer of any change to their address.

9.01 The University shall deduct union dues commencing from the first day of employment, from the pay of each employee, starting with the pay period nearest to the effective date of this Agreement, an amount equivalent to such union dues as may be designated by the Union from time to time. In addition, the Employer shall deduct union dues from any retroactive wage payments.

The University agrees that it will submit a cheque to the Union, not later than the fifteenth (15th) day of each month following the month in which dues were deducted. The total amount of such deductions shall be forwarded to the Accounting Department of the Union, 100 Lesmill Road, North York, Ontario. The remittance shall be accompanied by a list of names, employee number or a unique identifier, and the amount deducted. The list shall clearly indicate changes in employment status for promotion, demotion, termination, and leaves of absence, and may be either in hard copy or electronic copy.

9.02 The University agrees to give each person in the bargaining unit a T-4 slip for income tax purposes showing the amount of dues deducted and shall give it to each person in the bargaining unit on time for inclusion in their income tax return.

9.03 The Union will advise the Manager, Employee Relations in writing of the amount of its regular dues. The amounts specified shall continue to be deducted until changed by further written notice to the Employer.

9.04 The Union must provide at least sixty (60) Calendar Days’ notice of any change in the monthly membership dues.

9.05 The Union agrees to indemnify and save the Employer harmless against any claim or liability arising out of the application of this Article, except for any claim or liability arising out of an error committed by the Employer and such claim or liability would be limited to the amount actually involved in the error.

10.01 The Employer agrees that the Union may make use of the Employer’s internal on-campus mail and e-mail services at standard internal user rates for the purpose of communication on official Union business with its Employees and with the Employer.

10.02 The Union shall have access to the following additional services of the Employer at standard internal user rates: telephone services and internet access, subject to the protocols determined by the Employer for internal users.

11.01 Any dispute involving the application, interpretation, administration, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable or a case where the Employer has acted unjustly, improperly, or unreasonably, may be made the subject of a grievance and an earnest effort shall be made to settle such a grievance as quickly as possible.

11.02 It is the mutual desire of the parties that complaints of employees shall be addressed as quickly as possible, and it is understood that an employee has no grievance until they have first given the Manager, Special Constable Service the opportunity of adjusting their complaint. Such complaint shall be discussed with the Manager within ten (10) days of becoming aware of the complaint. If the complaint is not settled, it shall be taken up as a grievance within seven (7) days of the discussion in the following manner and sequence:

11.03 Step 1: The employee may file a grievance in writing with the Director, Special Constable Service, or their designate. The written grievance, signed by the employee, shall state the nature of the grievance and the re-dress sought. The Director Special Constable Service, or their designate shall give the grievor their decision in writing within ten (10) days of the submission of the grievance.

11.04 Step 2: If the grievance is not resolved at Step 1, the grievor may submit the grievance to the Director, Faculty and Staff Relations, or their designate, who shall hold a meeting with the grievor and their union representative at a mutually agreeable time within fifteen (15) days of receipt of the request. The Director, Faculty and Staff Relations shall deliver their decision in writing within ten (10) days of the meeting. If the grievance is not resolved at Step 2, the grievor may submit their grievance to arbitration as set out in Article 11.13

11.05 Dismissal Grievance: A claim by an employee who has been discharged or suspended from employ, that the discharge or suspension was without just cause, shall be treated as a grievance if the written statement is lodged with the Employer within ten (10) days of the discharge or suspension. Such grievance shall commence at Step 2 of the grievance procedure as herein provided; such grievance may be settled by confirming the Employer's action in discharging or suspending the employee, or by reinstating the employee with appropriate compensation or by any other arrangement which is acceptable to the parties, or, if necessary, an Arbitrator.

11.06 Policy Grievance: A grievance involving a question of general application or interpretation of the Collective Agreement, specifically arising directly between the University and the Union shall be initiated at Step 2. Any grievance by the University or the Union shall commence within twenty (20) days after the grieving party became aware of the circumstances giving rise to the grievance. This clause may not be used by the Union to initiate a grievance which directly affects an Employee where said Employee(s) could themselves have initiated a grievance pursuant to the provisions of this Article.

11.07 Group Grievance: When two (2) or more Employees wish to file a grievance arising from the same alleged violation of this Collective Agreement, such grievance may be handled as a group grievance and presented to the University beginning at Step 1 of the grievance procedure.

11.08 The time limits set out in this Article are mandatory and failure to comply strictly with such time limits, except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned.

11.09 Notwithstanding the time limits as set out herein, in the interest of concluding the matter, where the decision or response is provided in less than the number of days provided above, any subsequent response will measure from the receipt of the response.

11.10 In this Article and Article 11.13 days shall include all days exclusive of Saturday, Sunday, and designated holidays.

11.11 The employee has the right to be accompanied and represented by a Union representative at all meetings in the grievance/arbitration procedure. The employee also has the right to be represented by an OPSEU/SEFPO Staff Representative.

11.12 Mediation: The parties may mutually agree to refer a grievance to a Mediator before proceeding to arbitration. The selection of a Mediator will be agreed to and costs shall be shared equally by the parties. The mediation shall be conducted on a without prejudice basis and shall not otherwise affect any timelines or provisions of the grievance/arbitration process. In the event that the matter is not settled by mediation, then the matter may then be resolved at arbitration. The referring party shall contact the other and agree on a satisfactory selection process.

11.13 Arbitration: Failing settlement under the foregoing procedure, any grievance, including a question as to whether the grievance is arbitrable, may be submitted to arbitration as herein provided. If no written request for arbitration is received within fourteen (14) calendar days after the decision under the foregoing procedure is given, the grievance shall be deemed to have been abandoned.

11.13.1: All agreements reached under the grievance procedure between the representatives of the Employer, the representatives of the Union and the grievor(s) will be final and binding upon the parties.

11.13.2: When either party requests that any matter be submitted to arbitration as provided in this Article, it shall make such request in writing addressed to the other party to this Agreement, and at the same time identify a choice for a sole Arbitrator. Within seven (7) calendar days thereafter, the other party shall identify its choice of a sole Arbitrator. The parties may confer in an effort to seek agreement on a sole Arbitrator, or where there is no agreement within a period of fourteen (14) calendar days, the Minister of Labour for the Province of Ontario shall have the power to make such appointment upon application thereto by the party invoking the arbitration procedure.

11.13.3: No person may be appointed as an Arbitrator who has been involved in an attempt to negotiate or settle the grievance, except as herein provided. Notwithstanding the foregoing, the parties, by mutual agreement, may request the Arbitrator to mediate the dispute in an attempt to avoid an arbitration hearing.

11.13.4: No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure.

11.13.5: The Arbitration Board shall not be authorized to make any decision inconsistent with the provisions of this Agreement, or to alter, modify, add to, or amend any part of this Agreement.

11.13.6: The decision of the Arbitrator will be final and binding upon the parties hereto and the employee(s).

11.13.7: Each of the parties will jointly and equally bear the fees expense of the Arbitrator.

11.13.8: The party that is referring a matter to Arbitration shall be responsible for informing any third party likely to be adversely affected of:

a) the time and place of the arbitration hearing;

b) the matter(s) to be placed before the Arbitrator;

c) of the right of that third party to be present and represented.

11.13.9: Employees who are summonsed or subpoenaed and whose attendance is required at arbitration hearings shall receive permission to be absent from work with pay.

11.13.10: The Arbitrator shall be governed by the following provisions:

a) The Arbitrator shall hear and determine the grievance and issue a decision which is final and binding on the parties and upon any employee affected by it.

b) The Arbitrator determine their own procedure, but shall give full opportunity to all parties to present evidence and make representations.

12.01 Upon written request to Human Resources, an employee shall be entitled to view the entire contents of their Human Resources file no more than once annually. An employee who is pursuing a grievance or a complaint, or the Union on their behalf, will also be permitted to view the Human Resources file.

13.01 Special Constables

a) Seniority is defined as the length of continuous service calculated from the most recent date of employment with the University. One (1) year of seniority will be earned when an Employee has been employed for a period of one (1) year in which their regularly scheduled hours are: two thousand one hundred eighty-four (2,184) for Special Constables and Security Guards/Communications Operators. Seniority will not be affected by absence resulting from vacations, holidays, sick leave or injury, suspensions, or other leaves as provided for in the Agreement.

b) Seniority of Employees whose regularly scheduled hours of work are less than two thousand one hundred eighty-four (2,184) for Special Constables and Security Guards/Communication Operators hours per year will be determined on a pro-rata basis, in accordance with Article 13.01 (a). Overtime hours worked in excess of regularly scheduled hours will not be used in calculating seniority.

c) Last date of hire includes all continuous service prior to certification of the Union for all bargaining unit Employees.

13.02 An electronic seniority list will be maintained by the University with copy supplied to the Union every six (6) months. The Union may also request an up to date seniority list on an as required basis for the purpose of conducting Union business.

13.03 Accumulation of Seniority

Seniority shall continue to accumulate during any paid leave, and for the first thirty (30) days of any unpaid leave. An employee returning from an extended unpaid leave of absence shall be credited with the amount of seniority they had when they left.

Notwithstanding the above, seniority shall continue to accumulate during the entire period of a lay-off (up to a maximum of twenty-four (24) months), while off on approved leave and receiving Employment Insurance (E.I.), while off on approved leave due to illness or injury, during pregnancy and/or parental leave, or Union leave.

13.04 Loss of Seniority and Termination of Employment

Continuity of service shall be considered broken and employment terminated if the employee:

a) resigns or retires;

b) is discharged (and the discharge is not reversed through the grievance arbitration procedure);

c) fails to report to work at the expiration of a leave of absence unless a reason satisfactory to the Employer is given;

d) fails to return to work within seven (7) calendar days after issuance of notice of recall from lay-off by registered mail to the employee’s last address on record with the Employer, unless such period is extended for reasons satisfactory to the University;

e) is absent from work for three (3) days without providing a reason satisfactory to the Employer;

f) is absent due to lay-off for a period in excess of twenty-four (24) months;

g) uses a leave of absence for a purpose other than that for which it was granted.

13.05 It shall be the responsibility of the employee to notify the University of any change to their current address. If any employee fails to do this, the University will not be responsible for a failure of a notice to reach an employee under this Collective Agreement.

13.06 An employee who transfers to a position outside of the bargaining unit will retain their seniority accrued to the date of the transfer for a period of twelve (12) months from the date of leaving the unit. The employee’s name will not appear on the seniority list during this period, but will be included upon their return.

13.07 Notwithstanding Article 13.06, if an employee transfers to a limited term position outside the bargaining unit to replace someone on a Pregnancy, Parental and/or Adoption Leave, the employee will retain their seniority for the length of the leave and will be able to return to their position in the bargaining unit at the end of the limited term position.

13.08 If any provision of this Article 13 is found to conflict with the Ontario Human Rights Code, the parties shall amend this Article to the extent required.

14.01 When the University elects to fill a vacant position, such vacancy will be posted on the Human Resources website for a period of not less than seven (7) calendar days.

14.02 The Union will be provided with a copy of the job posting at the time of posting. The posting shall contain:

a) The University’s statement on employment equity;

b) The job title and job description;

c) The position number;

d) The regular hours of work and salary range;

e) The qualification and experience required to perform the job;

f) The posting and closing date, and

g) A statement that the position is covered by the terms and conditions of the Collective Agreement between the University and OPSEU/SEFPO Local 231.

14.03 Unless agreed otherwise, a new position will be posted in accordance with the provision of this Article. Internal candidates will be given first consideration for any such opportunities prior to consideration of external applicants. In assessing an employee’s application, the University will assess all relevant information including core competencies, ability, and employment record. The onus is on the employee seeking the position to demonstrate evidence of qualification at the time of application. The University will determine the methods and selection tools that will be utilized to reach its decision. All factors being relatively equal, seniority shall govern.

15.01 Special Constables

a) All new Special constables shall be hired on a probationary basis for a period of twelve (12) calendar months unless extended by six (6) months with mutual agreement from the Union. Such extensions will not be unreasonably denied. For clarity, probationary period will commence from their start date that includes meeting conditional employment requirements. A probationary employee may not grieve their release from employment for performance related issues, but may grieve termination occurring as a result of an arbitrary, discriminatory or bad faith action on the part of the Employer.

b) A probationary employee must be able to qualify for and be granted Special Constable designation within the twelve (12) month probationary period, otherwise their employment will be terminated. Should such designation be delayed, the University may extend the probationary period pending the granting of said designation.

15.02 Security Guards/Communications Operators

All new Security Guards/Communications Operators shall be hired on a probationary basis for a period of nine (9) calendar months commencing on their start date. A probationary employee may not grieve their release from employment for performance related issues, but may grieve termination occurring as a result of an arbitrary, discriminatory or bad faith action on the part of the Employer.

16.01 Special constables and Security Guards/Communications Operators shall participate in an annual performance review process. The Employee and their Sergeant will meet to review the Employee’s performance and progress over the past year and will engage in a goal setting exercise for the upcoming year.

16.02 The University shall ensure that each employee receives a written annual evaluation of their work performance and the core competencies of the position. The purpose of such evaluation is to set goals and objectives that support the growth and professional development, in addition to addressing and planning to correct any performance related concerns.

16.03 Each employee shall be given the opportunity to read and to discuss with the reviewing officer any performance evaluation conducted in respect to them.

16.04 A copy of an employee’s written review, given in any calendar year, shall be given to the employee and a copy must be forwarded to Human Resources for inclusion in the employee‘s Human Resources file.

16.05 As employee who objects to their performance evaluation my elect to comment on or attach a statement to the document setting out the details of and reasons for those objections and such comments or statement shall be appended to the performance evaluation in the Human resources file.

17.01 The Employer undertakes to notify the Union in advance, so far as practicable, of any technological changes which the Employer has decided to introduce which will adversely affect the working conditions of employees within the bargaining unit.

17.02 The Employer agrees to discuss with the Union the effect of such technological changes on the employment status of employees and to consider practical ways and means of minimizing the adverse effect, if any, upon employees concerned.

17.03 The University will make best efforts to provide Employees with advanced notice of the impending change in working conditions.

17.04 Where new or greater skills are required under this article, employees shall be given a period of training to acquire the skills necessary for the new method of operation. The University will bear the costs of approved training. There shall be no reduction in normal earnings during the training period of any such employee. Training shall be given during the hours of work whenever possible.

18.01 The parties recognize the importance of continuing training and professional development opportunities that will enable staff to increase job proficiency for present or future positions or to keep abreast of new ideas.

18.02 In order for newly appointed Special Constables to gain Special Constable status, they must participate in mandatory training as determined by the Ministry of the Solicitor General.

18.03 The University will incur the costs associated with fees, lodging, and mileage for this mandatory training. In return, it is expected that new Special Constables will remain committed to the university by maintaining the employment relationship for a reasonable time period. Therefore, each new Special Constable must agree, as per Appendix B, to repay 51本色 on a pro-rated basis, the costs incurred for training, lodging, and mileage if they choose to terminate from the position within eighteen (18) months from the date of hire into the role of Special Constable. Available funds will be deducted from the Special Constable’s last pay.

18.04 Employees who participate in training will do so without loss of compensation or benefits.

a) Whenever possible, in order to minimize overtime costs, schedule adjustments may be made to accommodate mandatory training. In these situations, adequate a minimum of fourteen (14) days notice will be provided.

b) When the University requires an employee to attend a training course whose hours are not contiguous with their shift, and a schedule adjustment is not possible, the employee shall be paid at a rate of time and one half (1.5) the employee’s regular hourly rate or an equivalent time off in lieu of payment for attending such training. The employee shall have the right to choose payment of hours worked or lieu time at their discretion.

18.05 Employees who, with prior approval from the Director, or designate, are provided with the opportunity to attend seminars, conferences, and workshops, but are not required to do so, will not be compensated for additional hours. Schedule adjustments may be required as overtime will not be approved for these development opportunities. If no schedule adjustment can be made, lieu time will be provided at straight time for development opportunities.

18.06 Employees that attend training will incorporate training hours, including travel time, into their regular work day and will ensure the entire shift is worked. Alternatively, employees may make arrangements with their Manager to complete the required bi-weekly hours if entire shift is not worked.

18.07 Registration fees will be paid by the University, and employees incurring travel expenses will be reimbursed in accordance with the University's Expense Handbook. Employees are encouraged to carpool or use available University vehicles when attending the same off-site training as other employees as per the University's Expense Handbook. 

19.01 It is recognized that probationary employees may be released for reasons less serious than in the case of the discharge of an employee who has completed the probationary period and accordingly, the release will not be subject to the Grievance Procedure, unless it can be shown that the decision to discharge was arbitrary, discriminatory, or made in bad faith.

19.02 In the event that an employee is suspended or discharged for any reason, the University agrees to confirm such suspension or discharge and the reason thereof in writing to the employee and to the Union as soon as is reasonably possible thereafter.

19.03 The Union will receive a copy of all written letters of discipline given to employees.

19.04 It is agreed that a written a letter of warning within the employee’s Human Resources file shall be removed after an eighteen (18) month period, provided that no further disciplinary action has been taken within that eighteen (18) month period. A written record of a disciplinary suspension or discipline which involves violence, abuse, or harassment shall be retained in an employee’s Human Resources file for a period of twenty-four (24) months provided that no further disciplinary action has been taken within that twenty-four (24) month period.

19.05 In all cases of suspension or discharge, Management will seize an employee’s badge, warrant card, issued uniform items, along with all use of force equipment.

19.06 An employee has the right to representation by the Union in any investigation meeting that could result in the imposition of discipline. Prior to any such meeting, the Employer shall make the employee aware of their right to Union representation. If representation is requested, no further discussion will take place with the employee on the matters in question, until Union representative is present. The Union agrees to provide a representative in a timely manner so as not delay or prejudice the proceedings.

19.07 An employee who is named as a respondent in a complaint filed by a member of the University community or the public at large with respect to the discharge of their duties will be provided with a written copy or summary of the complaint. An employee will have the right to request a Union representative during any investigatory meetings into the alleged complaint. The Union will undertake to provide a representative in a timely manner so as not delay or prejudice the proceedings. Where an informal resolution is not achieved or when the complaint is of a severity for which informal resolution is not appropriate, the University will undertake to conduct the investigation into such allegations, and to report on its findings in a timely manner. The employee or the Union, on their behalf may make a written request to the Director, Special Constable Service for information related to the investigation.

19.08 For clarity, Article 19.07 will not apply to complaints filed under University Policy 6.1, Prevention of Harassment and Discrimination.

19.09 If discipline is to be imposed, or a meeting could lead to disciplinary action, an employee will be advised of their right to Union representation. The University will notify the employee of the reasons for the meeting, and the allegations faced, in advance.

19.10 Legal Indemnification: Where an employee is charged with a criminal, civil or statutory offence arising from the member’s actions in the course of their duties, then eligibility for reimbursement of the necessary and reasonable legal costs incurred by the member in the defense of such charges will be determined in accordance with Policy 8.17 Employee Indemnification. Any policy amendments would be made in consultation with the Union.

20.01 Hours of Work for Special Constables

The normal work week shall average forty-two (42) hours over the period covered by the work schedule as it may be implemented by the University from time to time. The normal work day shall be twelve (12) hours. It is hereby expressly understood that the provisions of this section are intended only to provide a basis for calculating time worked and shall not be, or construed to be, a guarantee as to the hours of work per day not as to the days of work per week, nor as a guarantee of work schedules.

20.02 Employees are allowed one fifteen (15) minute rest period for each three (3) hours worked, at times arranged with their immediate Supervisor.

20.03 Work performed during rest periods will not be considered as work in excess of an employee’s normally scheduled work hours and therefore will not be eligible for overtime compensation. These rest periods cannot be accumulated or banked and taken as paid time off.

20.04 Overtime

Authorized work performed in excess of the employee’s normal work day or scheduled work week will be paid at the rate of time and one half (1.5) the employee’s regular hourly rate or equivalent time off in lieu of payment at the option of the employee. The University will make a reasonable effort to grant requests for time in lieu of overtime in accordance with the employee’s wishes, subject to its operational requirements being met.

20.05

a) Authorized work performed on a Sunday in excess of the employee’s normal work day or scheduled work week will be paid at the rate of two (2) times the employee’s regular hourly rate or equivalent time off in lieu of payment at the option of the employee. The University will make reasonable efforts to grant requests for time off in lieu of overtime in accordance with the employee’s wishes, subject to its operational requirements being met.

b) Paid Duty including hours worked on a Sunday, University paid holiday and designated floater day, in excess of the employee’s normal work day or scheduled work week, will be paid at the rate of one and half (1.5) times the employee's regular hourly rate or equivalent time off in lieu of payment at the option of the employee. The University will make reasonable efforts to grant requests for time off in lieu of overtime in accordance with the employee’s wishes, subject to its operational requirements being met. Any Special Constables assigned to a paid duty shall be paid no less than three (3) hours, should the paid duty end earlier than the posted assignment.

20.06 Employees may bank a maximum of forty-eight (48) hours of banked lieu time. Any time accumulated beyond forty-eight (48) hours shall be paid out to the Employee.

20.07 Shift Premiums

a) Special Constables and Security Guard/Communication Operator will be paid a night shift premium of one dollar and ten cents ($1.10) per hour for hours worked after 19:00 and before 7:00.

b) Special Constables and Security Guard/Communication Operator will be paid a Sunday shift premium of one dollar and ten cents ($1.10) per hour for all hours worked on a Sunday.

c) In instances when a Sergeant or Acting Sergeant is not on duty, on either campus, the Special Constable with the greatest seniority, shall be designated as the Second-in-Command to perform such duties, and will be paid a premium of (2%) of their base hourly rate for the applicable hours. Such duties will include managing sick call-ins, emergency notifications and communications, and escalating urgent or emergent issues that impact university safety and or reputation.

20.08 Hours of Work for Security Guards/Communications Operators

The normal work week shall average thirty five (35) hours over the period covered by the work schedule as it may be implemented by the University from time to time. Shift length shall be based on a schedule rotation to achieve 70 hours bi-weekly and will include a 30 minute unpaid meal break. It is hereby expressly understood that the provisions of this section are intended only to provide a basis for calculating time worked and shall not be, or construed to be, a guarantee as to the hours of work per day not as to the days of work per week, nor as a guarantee of work schedules.

20.09 Employees are allowed one fifteen (15) minute rest period for each three (3) hours worked, at times arranged with their immediate Supervisor.

20.10 Work performed during rest periods will not be considered as work in excess of an employee's normally scheduled work hours and therefore will not be eligible for overtime compensation. These rest periods cannot be accumulated or banked and taken as paid time off.

20.11 Authorized work performed in excess of the employee's normal work day or scheduled work week will be paid at the rate of straight time until seven (7) hours per day or thirty five (35) hours per week. Hours in excess of seven (7) per day or thirty five (35) per week will be paid at the rate of time and one half (1.5) the employee's regular hourly rate or equivalent time off in lieu of payment at the option of the employee. The University will make a reasonable effort to grant requests for time in lieu of overtime in accordance with the employee's wishes, subject to its operational requirements.

20.12 Authorized work performed on a Sunday in excess of the employee's normal work day or scheduled work week will be paid at the rate of two (2) times the employee's regular hourly rate or equivalent time off in lieu of payment at the option of the employee. The University will make reasonable efforts to grant requests for time off in lieu of overtime in accordance with the employee's wishes, subject to its operational requirements being met.

20.13 Employees may bank a maximum of forty-eight (48) hours of banked lieu time. Any time accumulated beyond forty-eight (48) hours shall be paid out to the Employee.

20.14 Inclement Weather

a) Consistent with University Policy 7.6 Severe Weather/Storm Closing, when the University is officially closed due to an emergency or weather conditions, Special Constable Service is expected to report to work given that it is designated as an essential service. Special Constables scheduled to work on this day will be paid at two (2) times their regular rate for hours worked.

b) Special Constables not scheduled to work and are called in as overtime will receive two and a half (2.5) times their hourly rate for all hours worked.

20.15 Scheduling

a) There shall be a minimum of two (2) sworn uniformed employees on shift at any given time on campus unless a Special Constable or Sergeant is not available to take the shift. In which case the University can backfill one vacancy with a Security Guard/Communication Operator.

b) There shall be two (2) Security Guard/Communication Operators scheduled on shift at any given time on campus, with a minimum staffing level set at one (1), with the exception of paid holidays under Article 22.01.

c) When a schedule adjustment is proposed by the Employer and it is agreed to by the Employee, there is no further compensation required by the Employer. It is agreed that shift adjustments within 14 days or greater provides adequate notice and no additional compensation will be provided due to minimal disruption to employee’s personal life.

d) If unable to replace the entire shift with less than 14 days notice, it is agreed upon by the regular scheduled employee to start early or end shift later, the additional hours will be compensated as time and a half.

e) If unsuccessful in (d) to replace the entire shift with less than 14 days notice, it is agreed upon that partial shift coverage may be operationally necessary and those part hours will be compensated as time and a half.

f) If an employee initiates a shift change with another employee, and the manager approves then there is no additional compensation provided.

20.16

a) Any Special Constable assigned by the University to assume the responsibility of Coach Officer, shall receive a lump sum payment of $1,000 per trainee:

• $500 to be paid following the completion of 6 months of said trainee; and,
• $500 to be paid following the successful completion of administering the coaching program and submission of all required documentation
• Should the coaching assignment not be completed in full duration, the coach will be provided a pro-rated amount.

b) Any Security/Communications Operator assigned by the University to assume the responsibility of Coach Officer shall receive a lump sum payment of $300 per trainee, paid following the successful completion of the eight (8) week training program. Should the coaching assignment not be completed in full duration, the coach will be provided with a pro-rated amount.

21.01 Wage rates are set out in Schedule A.

21.02 Upon hire, a Security Guard/Communications Operator shall be placed on the first step of the wage grid.

21.03 Special Constables, will be placed on the step commensurate with their level of experience, as determined by the Director, Special constable Services.

21.04 Progression Adjustments

a) Special Constables who have completed their probationary period and whose salary is below the maximum for their grade level will advance through the salary grid by way of annual progressions increments until the highest step is attained.

b) The annual progression through the salary grid will occur on the anniversary date of the Employee’s hire or transfer into their current position.

21.05 Transfers

a) Employees who are transferred or appointed to a position at a higher level will be placed on the step of the appropriate salary grid which shows an increase.

b) Employees who are transferred to a position at a lower level shall assume the appropriate wage rate or, if applicable, will be placed on the step of the salary grid which is close to, but not lower than the Employee’s current salary.

21.06 Employees are to be paid no later than thirty (30) days after the commencement of their employment, and on a bi-weekly basis thereafter for a period equal to the length of the contract.

21.07 Employees are to be paid by direct deposit into the account and institution of their choosing.

22.01 Paid Holidays:  

• New Year's Day
• Family Day
• Good Friday
• Victoria Day
• Canada Day
• Civic Holiday
• Labour Day
• Thanksgiving Day
• Christmas Day
• Boxing Day
• New Year's Eve Day

In addition, there will be three (3) floating days which will be designated annually by the parties.

If the University recognizes the Truth & Reconciliation Day (September 30th), it will be added to the University recognized paid holidays above.

Special Constable Services is considered an essential service and sworn Special Constables will be scheduled for shifts during University designated holidays.

a) When a holiday or floater day falls on a regular workday the Special Constable shall receive their regular days’ pay (maintaining blended eighty-four (84) hours bi-weekly, or other hours dependent on contractual details), plus double time for any hours worked on the Statutory Holiday. If a Special Constable is absent from their regular scheduled workday before or after a paid holiday but works on the paid holiday, premium payment for the paid holidate will be one and half (1.5) times of their hourly rate as per Employment Standards Act, 2000.

b) When a holiday or floater day falls on an unscheduled day the Employee shall receive their regular days’ pay plus additional eight point four (8.4) hours pay or equivalent time in lieu.

c) When a holiday or floater day falls on a Special Constable's regularly scheduled workday, the Employee will have the option to work as scheduled or be provided with the day off with pay when operationally feasible, under Article 20.15 Scheduling.

d) When a Special Constable is called into work on holiday or floater day which does not fall on their regular workday, they will receive their regular days’ pay (refer to (b) regular days’ pay), plus two and one half (2.5) times pay for any hours worked.

e) A Special Constable who works a holiday or floater day, may elect to take time in lieu, it is expected that each Supervisor will ensure that employee schedule the Holiday day off within three (3) months. If not scheduled, the University will pay for the day, three (3) months after the Holiday or floater day.

f) A Special Constable who is scheduled to work the holiday or floater day, may request, and obtain approval to take the day off and will maintain their regular blended bi- weekly hours.

22.01.2 Security Guard/Communications Operator Holiday Payment

a) When a holiday or floater day falls on a regularly scheduled workday, and the University does not require the Security Guard/Communications Operator to work they shall receive their regular days’ pay (maintaining blended eighty-four (84) hours bi-weekly, or other hours dependent on contractual details).

b) When a holiday or floater day falls on an unscheduled day the Security Guard/Communications Operator shall receive their regular days’ pay plus additional eight point four (8.4) hours pay or equivalent time off in lieu.

c) If a Security Guard/Communications Operator is called into work on holiday or floater day, they will receive their regular days’ pay, plus two and one half (2.5) times pay for any hours worked.

22.01.3 Part-time Employees

a) For part-time employees, payment for paid holidays will be based on the employee's scheduled hours of work. Where these hours differ from day to day, the rate of pay will be based on the average of the employee’s daily earnings, exclusive of the overtime for the days worked in the thirteen (13) week period immediately preceding the holiday.

22.02 University Designated Additional Holidays: Should the University declare an additional holiday an employee shall be compensated with a lieu day when it falls on a regular day off and regular days’ pay plus a lieu day for those scheduled to work.

22.03 Vacation Entitlement: The vacation year begins with the first day of service with the University without a break in service.

*Security Guard/Communications Operator to be based on agreed upon hours of work

a) The vacation year begins on the employee’s start date and is accumulated monthly as per below, depending on the type of position. For purposes of vacation entitlement, years of service are calculated from the date of commencement of uninterrupted employment with the University.

b) Annual vacation entitlement will be prorated if the employee works less than two thousand one hundred eighty-four (2184) hours per year will be pro-rated in accordance with their regular work schedule, such that they will receive the equivalent percentage of vacation hours at their regular hourly rate of pay and where periods of absence occur for which vacation credit does not accrue.

c) If an employee leaves the University and returns to full-time employment within one (1) year of the date of termination, they will be credited with previous service for purposes of vacation entitlement, commencing with the second vacation year following re-employment.

d) Part-time employees less than 910 annual hours will be eligible for 4% vacation pay.

22.04 Vacation Accrual While on Leave: Vacation credits will accrue while an employee is on maternity, parental leave (excludes extended parental leave), sick leave of less than thirty (30) calendar days and any approved leave of absence of less than thirty (30) calendar days in duration.

22.05 Vacation Prior to Accrual: Vacation may be taken prior to accrual, up to your annual entitlement, with approval of your Manager within the first year of employment. When an employee’s active employment ceases, they will be required to reimburse any monies owing as a result of this.

22.06 Vacation Carry-over: Employees may carry over unused vacation into the next vacation period as follows:

In exceptional circumstances, Manager may approve carryover days that exceed these limits.

Any unused vacation entitlement additional to the guidelines above, shall be scheduled by the Manager and used within the first ten (10) months of the next vacation year.

22.07 Scheduling of Vacation

a) Each Sergeant is responsible for coordinating the vacation time for their platoon in consultation with the Manager. Vacation is subject to approval based on operational needs. By December 1 of each year, each officer must submit, to their Sergeant, in writing, their vacation request for the following year’s vacation allotment. Requests of greater than one (1) block will need to have approval from the Manager. A maximum of two (2) blocks at a time may be approved, if staffing levels permit, unless prior approval from the Manager.

b) If there are any conflicts that cannot be resolved, seniority will be the determining factor.

c) Confirmation of approved vacation time will be provided to the officers and Security Guards/Communications Operators by December 31.

d) Special Constable Service is considered an essential service at 51本色 and therefore employees within the service will be subject to the following vacation blackout periods: September, Homecoming weekend, Halloween weekend, and St. Patrick’s Day weekend. Exceptions may be made for unique circumstances.

e) During these blackout periods, it is expected that employees will refrain from requesting vacation. Exceptions can be made for unique circumstances. Employees who need to schedule time off during these periods are required to get approval from the Director, or designate.

22.08 Discontinuing and Retiring Employees: If an employee discontinues employment with the university, the university will pay the cash equivalent as a lump sum for unused vacation accrual at time of termination. No vacation may be taken after notice of resignation has been given. Employees are expected to use all accrued vacation prior to the retirement date.

23.01 The Employer and the Union are committed to a working and learning environment that allows for full and free participation of all Employees of the institutional community. Discrimination against and harassment of individuals, whether as Employees of any recognizable group or otherwise, undermine these objectives and violate the fundamental rights, personal dignity and integrity of individuals or groups of individuals.

23.02 This article is in accordance with all applicable federal and provincial legislation related to discrimination and harassment such as the Ontario Human Rights Code. The Prevention of Harassment and Discrimination Policy (Policy 6.1) should be consulted whenever there are concerns related to harassment and/or discrimination.

23.03 This article applies to those situations defined as Workplace Harassment and Workplace Violence under the Occupational Health and Safety Act. The Workplace Violence Prevention Policy (Policy 7.18) should be consulted whenever there are concerns about violence in the workplace including domestic.

23.04 The University and the Union agree that there will be no intimidation, harassment, discrimination, interference, restraint, or coercion exercised or practised by the University, the Union or their respective representatives because of membership/ non-membership or activity/non-activity in the Union.

24.01 The University is committed to providing workplace accommodation as required by the Ontario Human Rights Code, the Accessibility for Ontarians with Disabilities Act, and any other relevant legislation. Workplace accommodations shall be provided in accordance with the University’s Employment Accommodation Policy, university policy 8.7.

25.01 The University and the Union agree that the achievement of employment equity is desirable, and are therefore committed to equitable opportunity in employment for Indigenous persons, women, racialized persons, person in a sexual and/or gender minority and person with disabilities, referred to as “the equity deserving group.”

26.01 The University recognizes that two (2) representatives, from opposite shifts from the Local will be a member of the Joint Health and Safety Committee (JGSC). Time off to attend the JHSC meetings will be granted in accordance with operational requirements of the department which will not be unreasonably withheld. The representative will suffer no loss of pay for time spent attending the Joint Health and Safety Committee meetings. When the representative is requested to attend a meeting outside of normal working hours, they will be compensated in accordance with the provisions of the Occupational Health and Safety Act. Only one representative, that is on shift at the time of the meeting, is to attend the meeting unless required for mandatory training or as a backup if the other representative is not available. 

26.02 The University is committed to the health and safety of Employees and in providing a safe and healthy work environment at all times. This commitment is fulfilled by striving to identify and minimize workplace hazards and the prevention of work-related injuries and illnesses, including ergonomic related injuries. The University will operate and the Employees shall work in compliance with the Ontario Occupational Health and Safety Act (OHSA), Environmental Protection Act, their regulations, and any applicable municipal, provincial and/or federal legislation. The University and the Employees shall take all reasonable steps to prevent personal injury, and to maintain safe working conditions.
The University will make every effort to ensure that all Employees comply with the legislation and with the occupational health and safety practices, procedures and policies established by the University.

26.03 The University agrees to provide personal protective equipment (PPE), clothing and safety equipment when required by OSHA and/or University policies, and to ensure that these are maintained and in good condition. Employees will wear all issued personal protective equipment (PPE), clothing and safety equipment while on duty. Concerns raised with respect to the issuance of PPE and clothing and safety equipment must first be raised with the immediate supervisor. Failing resolution, the concern can be raised through the Joint Health and Safety Committee. Damage or expired equipment shall not be issued.

26.04 All employees are required to work in compliance with statutory and University policies and protocols and to report unsafe conditions to their supervisor.

26.05 In accordance with its obligations under the Occupational Health and Safety Act, the University has created a policy with respect to the prevention of workplace harassment and a policy with respect to the prevention workplace violence. A copy of each policy has been posted in a conspicuous place and is available to employees on the University’s website.

26.06 The University will provide safety training to Members and the Members will participate in such training. Training deemed necessary by the Director, Safety, Health, Environment and Risk Management (SHERM) will be made available to all Members and be paid for by the University.

27.01 Medical and Dental Appointments: The University and the Union recognize that every attempt will be made to arrange medical and dental appointments outside of normal working hours. However, it is realized that in certain situations it may not be possible to make appointments outside of working hours. If Employees are unable to make appointments outside of normal working hours, such time is to be deducted from accumulated sick leave credits and will be calculated to the nearest one-half (½) hour.

27.02 Sick Leave: University recognizes that unavoidable absences may occur because of illness or accident and for this reason provides a sick-leave benefit that provides income protection during these situations.

27.02.1

a) Sick-leave means the period of time an Employee is absent and unable to work because of illness, disability, or injury for which the Employee is not receiving Workers’ Safety and Insurance Board (WSIB) benefits, or any other compensation for loss of earnings.

b) During an approved WSIB Lost Time Leave, the University will compensate an Employee the difference between their regular salary and the amount received from the Workplace Safety and Insurance Act in accordance with the 51本色 Workplace Injury Accommodation Practice. This equivalent amount compensated shall be deducted from, and be limited to, the Employee’s sick leave credit balance.

c) Employees are also eligible to use their sick leave to a maximum of three (3) days per calendar year when prevented from attendance at work in order to attend a child, spouse, parent, or sibling who is sick and dependent upon the employee for health care. In exceptional circumstances, a Manager may approve additional sick leave; such approval will not be unreasonably denied. The employee may be required to verify the basis for the absence by providing supporting documentation. If a physician’s statement is requested, the University will reimburse the Employee for up to thirty dollars ($30) per certificate.

27.02.2 All full-time Employees will accumulate sick-leave credits as follows:

a) New Employees will be credited with twenty (20) days after their first day of employment; and

b) Employees will be credited with an additional one and one half (1½) days for each month in which work was actually performed or in which the Employee was absent on vacation, or a paid leave, except sick leave. Sick credits will stop accruing after the first thirty (30) days of sick leave.

c) These credits will accumulate to a maximum of one hundred and five (105) working days.

27.02.3 All part-time Employees will accumulate sick-leave credits as follows:

a) new Employees will be credited with ten (10) days after their first day of employment; and

b) Employees will be credited with an additional day for each month in which work was actually. These credits will accumulate to a performed or in which the Employee was absent on vacation, or a paid leave, except sick leave. Sick credits will stop accruing after the first thirty (30) days of sick leave.

c) These credits will accumulate to a maximum of one hundred and five (105) working days.

27.02.4 For the purpose of this Article, one (1) day is defined as a period equal to the Employee’s normally scheduled daily work period.

27.02.5 When an absence exceeds five (5) consecutive working days, the Employee will be notified by Human Resources and will be required to have their treating physician complete and submit a Medical Certificate of Disability verifying the illness or injury, in accordance with the Sick Leave and disability Management Policy.

27.02.6 The University will reimburse the Employee up to fifty dollars ($50) for the cost of the Medical Certificate of Disability or the Frequent/Patterned Absences Referral Form or another amounts as determined by the University.

27.02.7 Refusal to comply with these requirements may result in a denial of paid sick leave during the period of absence. 

27.02.8 During the first one hundred and twenty (120) consecutive calendar days of absence due to the Employee being unable to perform their job due to illness, disability, injury, or recuperation Employees will receive:

a) One hundred percent (100%) of their salary in effect at the time of absence for the period equal to the number of sick-leave credits accumulated at the time of absence subject to the completion of a Medical Certificate of Disability acceptable to the University in accordance with the Sick Leave and Disability Management Policy; or

b) For absences greater than five (5) consecutive working days and where no sick- leave credits are available, Employees will be eligible to receive sixty-six and two- thirds percent (66⅔ %) of their current salary in effect at the time of absence where no sick-leave credits are available, subject to the completion of a Medical Certificate of disability acceptable to the University in accordance with the Sick Leave and Disability Management Policy.

27.02.9 If an absence is due to the same illness or injury within thirty (30) days of returning to full time regular hours and duties from the original absence, it will be classified as a continuation of the same absence and only the balance of the unused portion will apply. An Employee will be required to provide the University with a Medical Certificate of Disability verifying the illness or injury, in accordance with the Sick Leave and disability Management Policy. The University will reimburse the Employee up to fifty dollars ($50) for the cost of the Medical Certificate of disability, or another amount as determined by the University.

27.02.10 Should the absence extend beyond one hundred and twenty (120) consecutive calendar days, those Employees enrolled in the University’s Long-Term Disability Plan will apply for benefits under that plan. Employees not enrolled in the University’s Long-Term Disability Plan may request a Leave of Absence Without Compensation as per Article 27.03 may make application for Employment Insurance benefits.

27.02.11 An employee’s accumulated sick-leave credits will be reduced equal to the period of absence due to sickness or injury.

27.02.12 Benefits coverage and applicable premium payments by the Employee and the University will continue during periods of paid sick-leave.

27.02.13 For the first thirty (30) calendar days of a sick leave without pay, the benefit coverage and premium payments by the University and the Employee will not change. After the first thirty (30) calendar days the Employee will be required to make both the Employee and University contributions toward the cost of the available benefits that the Employee wishes to continue, and will advise the University in writing of their intention to do so. The University will continue to make employer contributions to the Pension Plan unless the Employee has advised the University in writing that the Employee does not wish to continue to make the Employee contributions. The Human Resources department will consult with the Employee regarding the ramifications of discontinuing contributions to the Pension Plan. While on leave, benefit levels will be based on the employee’s reference salary, unless otherwise stated in this Article.

27.02.14 If, during their vacation period, an Employee is hospitalized or suffers a medically documented incapacitating illness or injury in circumstances under which they would have been eligible for leave under this Article, they will be granted leave and their vacation pay accredits will be restored to the extent of any concurrent leave granted.

27.02.15 Part-time employees less than 910 hours annually shall have access to leaves as defined in the Employment Standards Act, 2000.

27.03 Leave Without Compensation

27.03.1 The University recognizes that employees may, on occasion, desire, or need, to take a temporary, unpaid leave of absence from their regular duties for various personal reasons.

27.03.2 Leaves may not exceed one year and are subject to written approval from the employee’s Manager.

27.03.3 Vacation and sick leave credits will not accumulate during unpaid leaves of more than 30 days.

27.03.4 If the unpaid leave is for 30 calendar days or fewer, benefit coverage and premium payments will not change. If the unpaid leave is for more than 30 calendar days, the employee will be required to make both the employee and the university’s contributions toward the cost of the available benefits that the employee wishes to continue during the leave. The University will continue to make employer contributions to the Pension Plan unless the employee has advised the University that they do not wish to continue to make the employee contributions.

27.03.5 To apply, the employee must submit a written request to their Manager at least 3 months in advance of the starting date of the unpaid leave. This request should outline the start date, end date and purpose of the request for a leave. A copy should be submitted to Human Resources.

27.03.6 The employee’s Manager should respond in writing within two weeks and specify whether the unpaid leave has been granted or denied with a copy to Human Resources. Approval of such an unpaid leave is at the discretion of the Manager and should take into account various factors, including the merits of the case, whether the position can be adequately filled in your absence and the effect on the department.

27.03.7 If the unpaid leave is granted, a forwarding address for correspondence should be relayed to the Manager and Human Resources for future reference. At least 4 weeks written notice should be given if the employee plans to request an extension, return early or not return at all.

27.04 Personal Leave

27.04.1 Employees may be granted a Personal leave without loss of compensation and benefits of up to three (3) working days per fiscal year by their Manager, to accommodate absence resulting from, but not limited to:

a) illness in the immediate family,

b) relocation of a household,

c) preparation for and writing exams,

d) legal appointments,

e) major property damage caused by fire or some other personal disaster

f) additional Bereavement Leave as required

g) the observance of religious holidays that are not identified as Paid Holidays under this Collective Agreement.

27.04.2 Personal leave days should be approved in advance with the employee’s Manager whenever possible. Requests should include the date, amount of time required, and the reason for the leave.

27.05 Bereavement Leave

27.05.1 In the event of a death in an Employee's immediate family, defined as spouse as per Article 2 (Definitions), son, daughter, children of the Employee's spouse, children of common-law spouse, step-children, ward, guardian, brother, sister, and parent, an Employee will be entitled to a leave of absence with full compensation and benefits for up to five (5) consecutive working days.

27.05.2 In the event of a death of a non-immediate family Employee, defined as father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandchild, grandmother and grandfather, and grandparents of the Employee's spouse, the Employee will be entitled to a leave of absence with full compensation and benefits for up to three
(3) consecutive working days.

27.05.3 A leave of absence with full compensation and benefits of one (1) day may be granted if an Employee is unable to attend the funeral of an Employee of the immediate family because of distance, but requires the day to make funeral arrangements and/or to attend a local service.

27.05.4 In the case of the death of a close friend or relative not mentioned in this Article, a leave may be granted in accordance with Article 28.04 (Personal Leave).

27.05.5 If extensive travel is required to attend the funeral of a family Employee, an additional leave with full compensation and benefits to a maximum of two (2) days may be granted.

27.05.6 Where bereavement in accordance with this Article occurs during an Employee's vacation period, the Employee may substitute bereavement leave for the period in question provided that the Employee contacts their immediate supervisor during the vacation period and provides evidence satisfactory to the supervisor. The Employee would then be eligible to schedule the unused portion of their vacation at a later date.

27.06 Pregnancy/Parental/Adoption Leave

27.06.1 An employee who is pregnant will be entitled, upon their application to their supervisor, to a leave of absence of seventeen (17) weeks, or such shorter leave as they may request, commencing during the seventeen (17) weeks immediately preceding the estimated birth date, provided that the employee has been employed by the University for at least thirteen (13) weeks before the expected birth date. Pregnancy leave must be taken as one continuous period.

27.06.2 All employees, who have been employed by the University for at least thirteen (13) weeks prior to the birth of a child or before a child comes into the parent’s custody for the first time, will be entitled to a standard parental/adoption leave of up to thirty-five (35) weeks or an extended parental benefits maximum of sixty-one (61) weeks.

27.06.3 The Parental Leave of a Member who has taken Pregnancy Leave will commence immediately upon the completion of their Pregnancy Leave or when the baby first comes into the custody, care and control of the parent. For other parents, including adoptive parents, Parental Leave will commence within seventy-eight (78) weeks of the birth or after the child first comes into the custody, care and control of a parent. The provisions of the Parental Leave will be in accordance with the Employment Standards Act, 2000 and as amended from time to time.

27.06.4 Employees may decide to take a shorter leave if they wish. However, once an employee has started parental leave, they must take it all at one time.

27.06.5 An employee must give the university at least two (2) weeks written notice before beginning a pregnancy and/or parental/adoption leave. After the leave has started, the employee must give written notice at least four (4) weeks before the date any change in plans will occur. This notice should indicate the start date of the leave and the return to work date.

27.06.6 Benefit Continuation During Pregnancy/Parental/Adoption Leave

a) During pregnancy and/or parental/adoption leave the University will continue the employee’s benefits coverage, unless the plan is contributory and the employee has elected to discontinue contributions. The University will also continue to make employer contributions to pension plan unless the employee has advised in writing that they do not wish to continue to make their contributions. Human Resources will provide employees with payment options prior to their leave.

b) Vacation credits and sick leave credits will continue to accrue while an employee is on pregnancy and/or parental/adoption leave.

27.06.7 Supplementary Employment Benefits for Pregnancy and Parental/ Adoption Leave

a) During pregnancy and parental/adoption leaves eligible continuing employees may be entitled to a supplementary employment benefit. A supplementary employment benefit is an additional payment made by the university to an eligible employee to supplement the pregnancy and parental benefits provided by the government. Eligible employees shall receive the supplementary employment benefits as follows:

b) Pregnancy Leave
During the period of pregnancy leave, an employee is entitled to 100% of their full Reference Salary for the first two (2) weeks and the amount equal to the difference between the Employment Insurance benefits received and 95% of their full reference salary for a maximum of fifteen (15) additional weeks.

c) Parental/Adoption Leave
During the period of parental/adoption leave, employees shall be entitled to the supplementary benefit as follows:

i) Employees who have received supplementary benefits for pregnancy leave and who have been employed by the University for at least twelve (12) months immediately preceding the birth of a child shall receive an amount equal to the difference between the Employment Insurance benefits received and ninety-five percent (95%) of the employee’s reference salary for up to twelve (12) weeks.

ii) Employees who have not received supplementary benefits for a pregnancy leave will be eligible to received one hundred percent (100%) of the employee’s full reference salary for the first two (2) weeks of parental leave and an amount equal to the difference between the Employment Insurance benefits received and ninety-five percent (95%) of the employee’s reference salary for the next ten (10) weeks of parental leave.

d) During periods of the extended parental leave for up to eighteen (18) months provides a reduced amount of Employment Insurance Benefits (a maximum Employment Insurance Benefit rate of thirty three percent (33%) spread over the extended leave period as opposed to the standard parental leave of the maximum Employment Insurance Benefit rate of fifty-five percent (55%) of average weekly earnings). Employees will be entitled to a supplementary benefit as identified above. The University will assume an employee will be receiving the maximum EI benefit amount period of twelve (12) months regardless of the length of parental leave the employee elects to take.

e) Payment of Supplementary Benefits: To receive the supplementary benefit, eligible employees must supply the University with proof of application to Employment Canada EI. The Payment of the benefit shall be as follows:

i) The University will estimate the payment amount of the EI and provide a supplementary payment to the employee on the usual salary payment schedule. This supplementary payment will be regarded as an advance.

ii) Upon receipt of their EI statement, the employee shall provide Human Resources with a copy of this statement.

iii) The subsequent payments to the employee shall be adjusted, up or down, to reflect the actual supplementary benefit payable.

f) Failure to provide Human Resources with the EI statement within a reasonable timeframe after the commencement of the leave and the receipt of the EI statement may result in the delay or cessation of the supplementary benefit payment.

g) An employee who fails to return to work for a minimum period of six (6) months or on a reduced workload for an equal number of hours, pro-rated over a longer period of time not to exceed twelve (12) months following the expiration of the pregnancy and/or parental/adoption Leave, may be required to repay the supplementary benefit they have received, except when the employee has provided satisfactory evidence of illness of the employee or child or when the employee is laid off.

27.07 Post-Natal Leave: At the request of a parent who does not take pregnancy leave, the University will grant up to five (5) days of paid leave within four (4) weeks of the delivery date, provided that the employee has been employed by the University for at least thirteen (13) weeks immediately preceding the day of delivery. This request must be given to the employee’s manager at least two (2) weeks prior to the commencement of the leave.

27.08 Extended Parental Leave

27.08.1 An Extended Parental Leave without compensation, up to a maximum of fifty-two (52) weeks, may be given to an Employee who has been employed by the University for at least fourteen (14) months immediately preceding the commencement of a Parental Leave. Extended Leave will commence immediately upon the completion of a Parental Leave. The employee will give a written request to their immediate Manager at least three (3) months prior to the commencement of the Extended Parental Leave.

27.08.2 During an Extended Parental Leave the employee will be required to make both the employee and the University contributions toward the cost of the available benefits that the employee wishes to continue and will advise the University in writing of their intentions to do so. The University will continue to make employer contributions to the Pension Plan unless the employee has advised the University in writing that they do not wish to continue to make the employee contributions.

27.08.3 Vacation and sick leave credits will not accumulate during an extended parental leave.

27.09 Court Duty Leave: A leave of absence will be granted if you are called for jury duty or subpoenaed as a witness in a court proceeding that is not related to your employment. The University will pay the difference between your normal earnings and the payment received for jury service or duty as a court witness, excluding payment for travel, meals, or other expenses. Such payment by the University is contingent on satisfactory proof of attendance in court.

27.10 Military Leave

Employees who are reservists have a right to an unpaid leave of absence if they will not be performing the duties of their position because of any of these reasons:

• The employee is deployed to a Canadian Forces operation outside of Canada. This includes participation, whether inside or outside of Canada, in pre-deployment and post-deployment activities that are required by the Canadian Forces in connection with the operation.
• The employee is deployed to a Canadian Forces operation inside Canada that is, or will be, providing assistance in dealing with an emergency or its aftermath, including search and rescue operations and recovery from national disasters, such as flood relief, military aid following ice storms and aircraft crash recovery.
• The employee is participating in Canadian Forces military skills training.

To be eligible for reservist leave, an employee must be employed by their employer for at least three (3) consecutive months. Generally, reservists must provide their employer with reasonable advance notice in writing of the day on which they will begin and end the leave.

An employer may require an employee to provide evidence, reasonable in the circumstances, at a time that is reasonable in the circumstances, that the employee is eligible for reservist leave. What is reasonable in the circumstances will depend on all the facts of the situation.

Employees on a reservist leave are entitled to be reinstated to the same position if it still exists or to a comparable position if it does not. Seniority and length of service credits continue to accumulate during the leave.

Unlike the case with other types of leave, the employer is entitled to postpone the employee’s reinstatement for two weeks after the day on which the leave ends, or until the first pay day after the leave ends, whichever is later.

An employee on a reservist leave does not have the right to continue to participate in the benefit plans that employees on other statutory leaves do. The employer is not required to continue to make contributions to those plans during an employee’s reservist leave. However, if the employer postpones the employee’s reinstatement, the employee is entitled to resume participating in the plans, and the employer is required to pay the employer’s share of premiums for them, during the period the reinstatement is postponed.

27.11 Citizenship Leave: An Employee becoming a Canadian citizen will be entitled to a full day with no loss of compensation and benefits in order to attend the citizenship proceedings.

27.12 Election Leave: Employees are entitled to a period of four consecutive hours for the purpose of voting during polling hours on Election Day for a Federal Election. In provincial and municipal elections, the entitlement is three (3) consecutive hours.

27.13 Compassionate Leave

27.13.1 Employees who care for a terminally ill family Employee under the terms of the Employment Insurance Act and who apply and are approved for EI benefits are eligible for a supplementary employment benefit as follows:

a) One hundred percent (100%) of reference salary for two weeks, and

b) For up to an additional six weeks, an amount equal to the difference between the Employment Insurance benefits received and ninety-five percent (95%) of the reference salary.

27.13.2 To receive this supplementary benefit, the Employee must supply the University with proof of application to Employment Insurance (EI).

27.13.3 During a Compassionate Leave the University will continue the employee’s benefits coverage, unless the plan is contributory and the employee has elected to discontinue contributions. The University will also continue to make employer contributions to pension plan unless the employee has advised in writing that they do not wish to continue to make their contributions. Human Resources will provide employees with payment options prior to their leave.

27.14 Professional Leave/Education Advancement

27.14.1 The University recognizes the importance of human resources development and therefore may authorize Professional Leave/Education Advancement to improve the effectiveness and efficiency of its employees and to provide opportunities for personal growth.

27.14.2 A professional leave may be granted for either enhancement of experience and/or knowledge, or acquisition of new skills.

27.14.3 An education advancement leave may be granted for the completion of either a college or university education.

27.14.4 Employee’s having five (5) or more years of service with the University are eligible to apply for a professional development leave or education advancement leave for a period not to exceed six (6) months or two (2) years, respectively. Throughout this approved leave period, the employee will receive a percentage of their salary which will depend on the type of leave granted by the university.

27.14.5 Eligible Employees may request, in writing, to their immediate Manager, a professional development or education advancement leave. The request must set out the objectives for the leave, the start date, the proposed length of absence, and the expected benefits to both the employee and the university. Application must be made three (3) months prior to the commencement of the leave.

27.14.6 Employees will be notified of the granting, denial or deferral of a professional leave or education advancement leave within two (2) months of making the application.

27.14.7 Throughout the leave period, the employee will receive a percentage of their salary, as outlined below. This payment will be made on the regular pay cycle.

a) for Professional Development Leaves which will directly enhance employee performance or competence in their existing position, as outlined in the proposal submitted, the employee will receive seventy-five (75%) percent of their reference salary.

b) for Education Advancement Leaves which will provide a formal post-secondary education opportunity and will lead to a degree or diploma, the employee will receive twenty-five (25%) percent of their reference salary during the approved leave.

27.14.8 For the first thirty (30) calendar days, the benefit coverage and premium payments by the University and the employee will not change. After the first thirty (30) calendar days, the employee will be required to make both the employee and the university’s contributions toward the cost of the available benefits that the employee wishes to continue during the leave. The University will continue to make employer contributions to the Pension Plan unless the employee has advised the University that they do not wish to continue to make the employee contributions.

27.14.9 While on leave, benefit levels will be based on the employee’s reference salary in the year prior to the leave. The continuation and coverage under the Long Term Disability Plan shall be based on the employee’s actual salary.

27.14.10 Vacation accrual and sick leave credits will not accrue during the leave period.

27.14.11 An employee who wishes to return from their leave prior to the original date of return will notify their Manager in writing at least four (4) weeks in advance, giving that revised date of return.

27.14.12 Upon completion of the leave, employees must return to their position for a minimum of one (1) year or, failing this, they will be required to reimburse the University for any salary received during the leave.

27.14.13 Upon return to work from leave, the employee will resume their former position, provided that it still exists, with full salary and benefits. If the position no longer exists, the employee will follow the position redundancy process.

27.15 Union Leave

27.15.1 Union Leave

a) Subject to operational requirements, and the approval of the Director, Special Constable Service, and upon the written request at least 14 days in advance, leaves of absence to attend union functions may be granted provided such leaves will not incur overtime by the employer. Leaves of absence under this article shall apply to no more than one employee at a time who has been elected or appointed by the Union to attend Union meetings, conferences, conventions, and seminars. The leave of absence is to be confined to the actual duration of the event and necessary travel time. Leaves under this article shall not exceed ten (10) days in any calendar year for the bargaining unit. Requests for leave under this article shall not be unreasonably denied. The Union will reimburse the University for the cost of all wages and benefits incurred during this leave.

b) The University agrees to grant the Union during each contract year a total of forty
(40) hours paid leave of absence with normal pay and benefits for the bargaining unit for the purpose of conducting the business of the union local and to attend union meetings. Requests for such leave of absence shall be submitted in advance and in writing to the Manager, Special Constable Service and will be subject to supervisory approval and operational requirements, which shall not be unreasonably withheld. Seniority shall accrue during the period of leave.

27.15.2 Leave for Executive Board Members: Full-time Position: When an employee is elected or appointed to a full-time position with OPSEU/SEFPO, the Employer shall grant a leave of absence without pay and continuation of benefit coverage paid by OPSEU/SEFPO and without loss of seniority for the duration of such leave. At the end of the assignment, the employee shall, upon eight (8) weeks’ of notice be returned to the position held immediately prior to the commencement of the leave or to a comparable position with no decrease in pay should the original position be eliminated.

27.15.3 Leave of absence with no loss of pay and with no loss of credits shall be granted to an employee elected as an Executive Board Member of the Union. The Union will reimburse the Employer for the cost of normal pay and benefits paid to the employee.

28.01 The University may eliminate or reduce the hours of a position, when necessary to do so, due to a lack of work, a reorganization of duties, or a reduction in services.

28.02 In the event of layoff, the Employer shall lay off employees in the reverse order of their seniority within their job classification, providing that those employees who remain on the job have the qualifications and ability to perform the work.

a) In all cases of lay-off and recall from lay-off, seniority shall govern providing the remaining employees have the qualifications to perform the available work within their classification. It is understood that probationary employees shall be first to be laid off.

b) In the event the University declares a need to lay-off employees within the bargaining unit, the Manager, Employee Relations, or designate will discuss, in advance, the implications with the Union. Two (2) days prior to a redundancy meeting, the University shall submit, in writing to the union, the reason for the redundancy.

28.03 Employees in the position(s) identified in Article 28.01, who have successfully completed their probationary period, will be issued written notice of layoff, based on the following schedule:

a) Greater than nine (9) months of service, but less than one (1) year: four (4) weeks notice;

b) More than one (1) year of service: four (4) weeks notice plus one (1) additional week of notice for each year of service after one (1) year, to a maximum of forty
(40) weeks.

28.04 During their notice period, impacted employees will be considered for available positions. If there is a similar position for which they are qualified and have demonstrated the skills and competencies to perform the job, the employee will be offered the position without a search.

28.05 Severance benefits will be provided to employees who have been given notice of layoff and who choose not to exercise any of the rights under this Agreement at the rate of one (1) weeks pay at the Employee’s weekly salary rate for each completed year of service to a maximum of twenty-six (26) weeks plus a lump sum payment for any unused notice period pursuant to Article 28.03. Upon acceptance of the severance, the Employee’s employment with the University will be deemed to have terminated.

28.06 Two (2) weeks prior to the termination of the notice period, the Employee must choose one of the following:

a) Severance benefits as per the collective agreement (Article 28.05);

b) Layoff with recall rights for a period of up to twenty four (24) months.

28.07 If an employee has been laid off for a period beyond the limits of their recall rights without having been recalled, the employee will receive severance benefits as per the per the collective agreement (Article 28.05) and their employment relationship of that employee will be deemed to have been terminated.

28.08 The Union will be provided with a copy of any notice under this Article at the same time as the affected Employee.

28.09 Recall: Employees who are laid-off shall be placed on a recall list and shall retain, but not accrue seniority for twenty-four (24) months. Notice of recall shall be sent by registered mail to the last known address of the employee, who shall respond to the recall notice within seven (7) days.

28.10 The University shall recall employees on lay-off in order of seniority to vacant bargaining unit positions in their classification for which they can perform the required work, for a period of twenty-four (24) months from date of lay-off. Notice of recall shall be sent by registered mail to the last known address of the employee, who shall respond to the recall notice within seven (7) days.

28.11 No new bargaining unit member shall be hired until those laid off within the same classification and placed on the recall list have had the opportunity to be recalled.

28.12 Restructuring: In the event of reorganization or restructuring, which may have potential adverse effects upon employees in the bargaining unit, the University shall notify the Union of such plans as far as practicable in advance so that the parties can meet to discuss possible ways and means of minimizing the impact, including:

a) identifying and proposing alternatives to any action that the University may be considering;

b) identifying and seeking ways to address retraining needs of employees.

During any restructuring or reorganization, no employee shall be required to reapply for a position which is substantially the same in nature to the one they presently hold.

29.01 Uniform Allocation: The University agrees to provide, at no cost to the employee, the following clothing and equipment:

a) Initial issue to Special Constables, within thirty (30) days after being sworn in, subject to supply and availability.

One (1) Uniform consisting of:

b) Initial issue to Security Guard/Communication Operators: One (1) Uniform consisting of:

c) Clothing and equipment that is damaged, or otherwise unfit for use, will be replaced at the discretion of the University.

d) Soft body armour shall be replaced on an as needed basis. It is agreed that protective vests (i.e., ballistic panels) shall be replaced prior to the expiry date of the manufacturer’s warranty period. It is the responsibility of the employee to advise the Manager of Operations of the expiry date no less than six (6) months prior to such date, in order that vest replacement can be made in a timely manner.

29.02 The University agrees to initially provide, at no cost to the employee, the following clothing and equipment to those employees that have successfully completed approved bicycle patrol training:

• one (1) 3-in-1 bicycle jacket,
• one (1) pair of bicycle pants,
• two (2) bicycle patrol shirts, one (1) long sleeve and one (1) short sleeve,
• one (1) pair of bicycle patrol shoes,
• one (1) helmet,
• one (1) water bottle,
• one (1) pair of bicycle gloves,
• one (1) pair of safety glasses,
• High visibility patches as needed.

29.03 Employees who have been issued clothing and equipment by the University, in compliance with this Agreement shall be required to wear their uniforms at all times while performing the applicable assignments to which the clothing or equipment are intended.

The terms and levels of benefits in effect as of the ratification of this Agreement, are defined by legislation and by the respective Benefit Plans, except as they are modified by this Agreement, or except as, with the consent of the Union, changes are made to the benefits provided to Members under these plans. All changes will be extended to Members as of the effective date of the change.

30.01 For the purpose of this Agreement, the Benefit Plans, in addition to the Ontario Health Insurance Plan, are those in effect as of the ratification of this Agreement are as follows:

• Extended Health Care Plan
• Dental Care Plan;
• Basic Group Life Insurance Plan;
• Long-Term Disability Plan;
• Optional Group Life Insurance Plan; 
• Optional Accidental Death and Dismemberment Plan; 
• Optional Critical Care Plan;
• Employee Family Assistance Plan.

30.01.1

Full-time employees scheduled to work greater than twelve hundred forty-nine (1249) hours in a year will receive full coverage (employer paid premium) for both Extended Health Care, Dental Care and Basic Life Insurance Plan.

Part-time employees scheduled to work between nine-hundred ten (910) and twelve hundred forty-nine (1249) hours in a year will receive full coverage (employer paid premium) for their choice of either Extended Health Care or Dental Care, and have the option of purchasing membership in another plan.

Part-time employees scheduled to work fewer than nine hundred ten (910) hours per year will receive an amount equal to four percent (4%) of their salary in lieu of benefits.

30.02 The University shall pay one hundred percent (100%) of the premium cost for insuring these plans for all full-time employees, except for Optional Life Insurance, Optional Critical Illness, Optional Accidental Death and Dismemberment, and Long Term Disability which shall be paid fully by the employee.

30.03

a) The University agrees to continue 51本色’s Pension Plan in effect, or as the same may be amended by the University’s board of Governors from time to time during the term of this Agreement. Eligibility is defined in the Pension Plan test. Any plan amendments relating to OPSEU/SEFPO Members during the term of this agreement shall be subject to the agreement of the Union.

b) Normal Retirement age is defined as the first day of the month coincident (should be coinciding?) with or following the employee’s sixty-fifth (65th) birthday. Employees who continue employment beyond the Normal Retirement age are eligible for the same benefits as outlined in the most current Group Benefit Plan.

c) Early Retirement is defined as a retirement age after the age of fifty-five (55) and before sixty-five (65). An employee may retire on the first day of any month following the attainment of age fifty-five (55).

d) Employees are advised to provide as much written notice as possible of their intention to retire to allow for administrative processing and orderly planning. The recommended time frame is a minimum of three (3) months prior to the proposed retirement date.

30.04 Benefits for Retirees

Employees who have retired according to the provisions of this Agreement, and have completed at least ten (10) years of consecutive, full-time service immediately prior to retirement, will be able to participate on the terms and conditions of the benefit plans in effect as of their retirement date as follows:

a) The Extended Health Care Plan to a maximum of $30,000 per calendar year;

b) The Dental Care Plan.

Employees who withdraw the commuted value of their pension will not be eligible for Post-Retirement Benefits.

Employees who are eligible for Post-Retirement Benefits and who retire early and have an alternate benefit plan through employment elsewhere, the alternate plan will be the first payer on benefits claims and the University shall serve as the second payer.

Employees will pay fifteen percent (15%) of the premiums for the Post-Retirement Benefits eligible under 30.04 a), and b.

30.05 Athletics Fees: Employees have access to athletic facilities provided locally at a rate to be determined annually by the university. Employees also have the right to use the university’s athletic facilities at the Waterloo campus upon payment of an annual fee determined annually by the university. Employees on the Brantford Campus have the right to use the 51本色 Brantford YMCA. These two arrangements are exclusive of each other and payment for one will not be applicable for both facilities. Both fees are subject to changes. For more information please visit the 51本色 Athletics website.

30.06 Parking Fees: Parking lots are available to employees upon payment of the applicable parking fee plus taxes. Parking permits may be used on an occasional basis at other campuses for meetings, education, seminars, or conferences. The parking fee is subject to change and will be determined annually by the university.

30.07 Tuition Assistance:

In the interest of encouraging Employees to participate in personal and professional development, the University will provide tuition assistance to Employees who take undergraduate and graduate courses at 51本色 and Martin Luther University College. Courses taken that are for interest and are not work related are considered a taxable benefit.

Full-time employees with continuing status who have successfully completed their probation period, or an employee who has retired from the University, are eligible to receive a one hundred percent (100%) waiver of the domestic academic tuition fees (or equivalent) for undergraduate and graduate courses taken at WLU and the Martin Luther University College.

Credit courses and degree programs that receive government grant funding are eligible for the waiver. Non-credit and deregulated courses and programs are not eligible for the waiver. This waiver is restricted to three (3) full courses or six (6) half courses in each twelve (12) month period, commencing May 1 each year. Employees will be responsible for the cost of private instruction, course material, books, registration and examination fees, exemption fees, and other incidental fees.

Full-time employees with a Limited-Term appointment of one (1) year or more, with an anticipated end date that is after the final add date for the applicable academic term in which the appointment ends, and who have completed their probati9onary period, are eligible to receive a one-hundred percent (100%) waiver of the domestic academic tuition fees (or equivalent) for undergraduate and graduate courses taken at WLU and the Martin Luther University College. Credit courses and degree programs that receive government grant funding are eligible for the waiver. This waiver is restricted to three (3) full courses or six (6) half courses in each twelve (12) month period, commencing May 1 each year. Members will be responsible for the cost of private instruction, course material, books, registration and examination fees, exemption fees, and other incidental fees.

Should the University end the employee’s appointment prior to the anticipated end date, and the employee has registered for courses in the academic term in which the appointment ends, the employee shall be eligible for the tuition waiver.

Part-time employees with a continuing status who have regularly scheduled work hours total 910-1249 per year, and who have completed their probationary period, will receive a 50% reduction of domestic academic tuition fees, with the same provisions as described above. Also, during any particular fiscal year employees are eligible to receive a one hundred percent (100%) waiver of the academic tuition fees for one course offered in the evening for which they register as a part-time student.

Eligibility is determined at the beginning of the academic term, and no partial waivers will be made. Employees will be responsible for all non-tuition fees, including registration and examination fees, incidental and ancillary fees, and for any course materials. The tuition waiver will only be applied to an eligible course. If an employee drops a course after the allowable add/drop date or fails a course, the tuition waiver will not apply to that same course in the future.

The University will reimburse full-time employees for one-hundred percent (100%) of the applicable tuition costs for the successful completion of a work-related course at a college or university other than WLU, when the course is not available at WLU. To receive the benefit, the course must be approved by the appropriate Vice-President or President. For further details on the Tuition Reimbursement Policy, please see University Policy 8.8, Tuition Reimbursement Policy.

Generally, courses will be taken outside of normal working hours. However, with the approval of an employee’s manager, work-related courses may be taken during regular working hours, provided that comparable time is made up within a reasonable period. Courses taken at WLU campus are subject to the usual registration and enrolment procedures.

Employees must complete the Employee Tuition Waiver form and submit to Human Resources to be eligible for the waiver.

If an employee retires or is currently receiving Long Term Disability Benefits, they continue to be entitled to this tuition benefit as outlined above.

Spousal/Dependent Tuition Benefits – An eligible full-time employee’s dependent children or spouse are eligible to receive a one-hundred percent (100%) waiver of domestic tuition fees for undergraduate or graduate courses offered at 51本色 (WLU) or Martin Luther University College. Credit courses and degree programs that receive government grant funding are eligible for the waiver. Non-credit and deregulated courses and programs are not eligible for the waiver. Tuition fee waivers for international students shall be limited to the value of the domestic fees for the equivalent program.

An eligible part-time employee’s dependent children or spouse (as defined above) are eligible to receive a thirty-five percent (35%) waiver of the domestic tuition fees for up to four (4) half credit undergraduate courses in each year starting May 1 each year for courses offered at the WLU Martin Luther University College.

Eligibility is determined at the beginning of the academic term, and no partial waivers will be made. Dependent children and spouses must meet the admission requirements of the programs.

Non-tuition fees, including registration and examination fees, incidental and ancillary fees, and fees for course materials, are not included in the benefit.

If an employee retires, passes away or is currently receiving Long Term Disability Benefits, their spouse and dependent children shall also be entitled to this tuition benefit. This is also a taxable benefit.

Eligibility is determined at the beginning of the academic term, and no partial waivers will be made. Dependent children and spouses must meet the admission requirements of the programs.

Employees must complete a Spouse/Dependent Application for Tuition Waiver form and return it to Human Resources in order to be eligible for this benefit.

31.01 All Memorandums of Understanding, Letters of Agreement/Understanding and Appendices to this Agreement shall be considered attached to and part of this Agreement and subject to all of its terms.

32.01

This Agreement shall be in full force and effect from July 1, 2023 and shall be in effect until June 30, 2026.

Pay rates will be retroactive, to July 1, 2023, and all other terms and conditions will become effective upon ratification, with the exception of new Security Guard and Communications Operator shift schedule, which will become effective May 1, 2024.

To receive this increase, Employees must be actively employed in the Bargaining Unit on the date of ratification.

32.02 Either party may serve the other with notice within the last three (3) months of its operation that it wishes to amend the Agreement.

32.03 On receipt of such notice by either party, the two parties shall meet or agree on a future date to meet and bargain in good faith to reach a renewal agreement, in accordance with their respective obligations as defined under the Ontario Labour Relations Act.

32.04 In the event that neither party serves notice to amend as provided in Article 32.03, this Agreement shall continue automatically for annual periods of one year each until and unless one party gives notice under Article 32.03.

32.05 During any period of renegotiation, all terms and conditions of the Agreement shall remain in effect and the Agreement shall remain in effect until:

a) the parties are in a legal strike or lock-out position; or

b) both parties have ratified a renewal of this Agreement with such changes as may have been agreed

Across the board increases of 3% on July 1, 2023, 3% on July 1, 2024 and 3% on July 1, 2025.

*The wage increase will take effect as of the first day of the month that follows the date of ratification of this renewal Agreement (the “Effective Date”), and will be implemented within the first two pay periods that follow the date of ratification. To receive this increase, Employees must be actively employed in the Bargaining Unit on the Effective Date. Employees who are not actively employed in the Bargaining Unit on the Effective Date will not receive an increase. Employees who are actively employed in the Bargaining Unit following the Effective Date will be paid no less than the minimum base salary set out above. 

51本色
Special Constable Service Training Agreement

I (insert name) (“Employee”) have been offered employment by 51本色 (“51本色” or “University”) as a Special Constable within the University’s Special Constable Services. This Training Agreement is a term and condition of the employment agreement between Employee and 51本色.

The Ministry of the Solicitor General (“the Provincial Government”) requires all Special Constables to be properly trained to be eligible for an appointment as a Special Constable, which appointments are made by a Police Services Board and the Ministry of the Solicitor General. For 51本色 Special Constables, these appointments are approved by the Waterloo Regional Police Service, and/or Brantford Police Service, and/or Halton Regional Police Service.

Under the contracts the University has with the local police services, all employees who are employed by the University as a Special Constable are required to successfully complete the following training for the employee to be eligible for a Special Constable appointment. This training includes:

• Special Constable Orientation Course
• Use of Force
• First Aid/CPR

Payment for this mandatory training and certification is an investment by 51本色 that provides to the Employee a personal benefit. The Employee understands and accepts there is considerable cost incurred by 51本色 for the Employee to complete the required training, which training and certification may be transferable to other organizations that the Employee may choose to work for in the future. The University will incur the initial costs associated with the training, including course or registration fees, travel, and accommodation, collectively referred to as the Training Costs. The total Training Costs is approximately $2500.00.

The Employee understands that payment of the Training Costs by 51本色 is undertaken with the expectation that the Employee will continue to be employed as a Special Constable at 51本色 for a minimum of eighteen (18) months from the first date of the Employee’s employment as a Special Constable at 51本色 (the “Effective Date”). The Employee understands, accepts, and agrees that if the Employee resigns or voluntarily terminates the Employee’s employment with 51本色 for any reason within the first eighteen (18) months of the Effective Date, the Employee is responsible to reimburse 51本色 the Training Costs of two thousand five hundred dollars ($2500.00) prorated over eighteen 18 months. For clarity, the prorated value is based on a declining balance in the amount of $138.89 per month for each month or part-month prior to the one-year anniversary date, effective the date of written notice of termination of employment provided by the Employee. As an example, if the Employee’s Effective Date is January 1, 2021 and the Employee provides notice of resignation on September 17, 2021, the Employee’s repayment obligation would be $138.89 X 10 (for months from September 2021 to June 2022) for a total of $1388.90. Full payment of the outstanding amount shall be made by the Employee to 51本色 within 30 days of 51本色 submitting an invoice to the Employee.

By signing below you are acknowledging your agreement with the above noted terms:
I, , have read, understand, and agree to repay 51本色 for the outstanding Training Costs based on the terms above.

(Employee Signature) (Date)

(Manager Signature) (Date)

Between 51本色 (The Employer) And
Ontario Public Service Employees Union/Syndicat des Employés de la Fonction Publique de l'Ontario (The Bargaining Unit)

The parties agree should any challenge of the constitutionality of the wage restraint legislation in which OPSEU/SEFPO is a plaintiff be successful, or if there are any changes in the legislation that would remove the limitations applied by the Bill 124, the parties agree to reopen the agreement with respect to compensation.

Between 51本色 (The Employer) And
Ontario Public Service Employees Union/Syndicat des Employés de la Fonction Publique de l'Ontario (The Bargaining Unit)

The parties agree that part-time positions are those that are regularly scheduled hours of work that are less than twelve hundred and fifty (1250) hours per year.

The following conditions will apply to part-time employees:

1. All part-time Employees will accumulate sick-leave credits as follows:
   1. New Employees will be credited with ten (10) days after their first day of employment; and
   2. Employees will be credited with an additional day for each month in which work was actually performed or in which the employee was absent on vacation, or a paid leave, except sick leave.
   3. These credits will accumulate to a maximum of one hundred and five (105) working days.
2. Part-time staff scheduled to work between nine hundred ten (910) and twelve hundred forty nine (1249) hours in a year will receive full coverage (employer paid premium) for their choice of either Extended Health Care or Dental Care, and have the option of purchasing membership in the other plan.
3. Employees scheduled to work fewer than nine hundred ten (910) hours per year will receive an amount equal to four percent (4%) of their salary in lieu of benefits.
4. Vacation entitlement for Employees who work less than twelve hundred fifty (1250) hours per year will be prorated in accordance with their regular work schedule, such that they will receive the equivalent percentage of vacation hours at their regular hourly rate of pay.
5. Holiday pay is calculated by the Employee’s regular daily rate of pay is determined by multiplying the Employee’s hourly rate of pay by the number of hours the Employee would normally have worked on the day the paid holiday falls.
6. As per Article 13, Seniority of Employees whose regularly scheduled hours of work are less that one thousand eight hundred twenty (1820) for Security Guard/Communications Operators and two thousand one hundred eight-four (2184) for Special Constables hours per year will be determined on a pro-rata basis. Overtime hours worked in excess of regularly scheduled hours will not be used in calculating seniority.
7. It is not the intention of the University to replace full time employees with part time employees.

Between 51本色 (The Employer) And
Ontario Public Service Employees Union/Syndicat des Employés de la Fonction Publique de l'Ontario (The Bargaining Unit)

The parties agree to pilot the call out procedure outlined below, and any modifications will be in consultation with the Union.

• For all overtime shifts, notify all employees by classification and location, via Group Text.
• The message will include the assignment, hours of shift, number of employees required, minimum 3 hours pay if cancelled.
• If within 24 hours of shift start time, the first to accept will be awarded the shift/s.
• If between 24-48 hours of shift start time, once the first employee responds await 30 minutes prior to awarding the shift.
• If greater than 48 hours, the shift/s will be awarded to those that responded in the order of the Overtime Call Out list.
• If there is no response to the Group Text message, assignment will be based on availability.
• Once awarded overtime the employee’s name will be moved to the bottom of the Overtime Call Out list.
• Employees who accept full shifts will take priority over employees accepting partial shifts.
• Priority will be given to members who have had 8 full hours between shifts other than in exigent circumstances.
• Once overtime has been assigned, a Group Text message confirmation will be sent.

Between 51本色 (The Employer) And
Ontario Public Service Employees Union/Syndicat des Employés de la Fonction Publique de l'Ontario (The Bargaining Unit)

The parties agree that should the University obtain approval of Dual Badge (Appointment) assignments from the respective local police services, consultation will occur with the Union to discuss Dual Badge implementation with the goal of mutually agreeing on the process and procedure. Dual Badge (Appointment) may require employees to travel to another campus, that is not their home campus, when there is an exigent staff shortage or special event that requires additional assistance.