Human Resources

Human Resources

Human Resources

site header

Renewed Collective Agreement Highlights for USW Local 2010

Wednesday, March 13, 2019

As the Renewed Collective Agreement is effective as of January 1, 2019, please use this as a reference document until such time as the Renewed Collective Agreement is available online.  This document summarizes the changes to the Collective Agreement and provides further information regarding the implementation of these changes.

Should you have any questions, please contact your HR Advisor.


Part One: Housekeeping Items

General

There were several housekeeping changes made throughout the collective agreement to align with Queen’s University’s Inclusive Language Guidelines, including the following:

• Changed “she/he” to “they”
• Changed “her/his” to “their”

Additionally, the parties agreed to change the language of “bargaining unit employee” to “bargaining unit member” throughout the collective agreement.

Article 33 – Term of Agreement

New Language

33.01 This Agreement shall be effective from January 1, 2019 and shall continue in effect up to and including December 31, 2021, and shall continue automatically thereafter for annual periods of one year, unless either party notifies the other in writing within a period of 90 calendar days immediately prior to the expiration date that it desires to amend the Agreement.

33.03 Notwithstanding the Parties’ agreement that the Collective Agreement commences on January 1, 2019, the Collective Agreement will have no retroactive force and effect, save and except as otherwise specifically stated herein.

What does this mean?

The Parties have agreed to a three (3) year collective agreement that takes effect January 1, 2019.

Article 22 – Vacations

New Language

22.01 Vacations with pay shall be calculated on the basis of length of continuous service with the Employer as of January 1st each year. Vacation utilization is also based on the calendar year and thus begins on January 1. An employee may, with their Manager’s approval, begin to take a portion of their anticipated entitlement as outlined in Article 22.02, in advance of accumulating their full entitlement.

22.02 Annual vacation allowances are determined in accordance with the following:

Years of Continuous Service as of January 1 Vacation Entitlement
Less than one year 1.25 days for each completed month of service to a maximum of 15 days
1 year or more 15 days (3 weeks)
More than 3 years 16 days
More than 4 years 17 days
More than 5 years 18 days
More than 6 years 19 days
More than 7 years 20 days (4 weeks)
More than 10 years 21 days
More than 12 years 22 days
More than 14 years 23 days
More than 16 years 24 days
More than 18 years 25 days (5 weeks)
More than 19 years 26 days
More than 20 years 27 days
More than 22 years 28 days
More than 24 years 29 days
More than 25 years 30 days (6 weeks)

22.04 Where a staff member has taken an unpaid leave of absence (not including maternity or parental leave) for a period or periods exceeding a total of 1 month in the 12-month period preceding January 1, vacation entitlement shall be pro-rated for the period or periods actually worked.

What does this mean?

The collective agreement language regarding vacation now reflects the terms of Queen’s University’s updated Vacation Policy (revised January 1, 2018). These changes reflect the parties’ current practice with respect to vacation entitlement.

Article 23 – Leaves of Absence

The collective agreement language regarding Supported Maternity Leave, Parental Leave – General, Supported Parental Leave, and Unsupported Parental Leave has been updated to reflect the terms of Queen’s University’s Maternity/Paternity Leave Policies and Procedures which were previously updated in accordance with legislative changes, and reflects the parties’ current practice. If you have questions regarding these leaves, please contact your HR Advisor.

23.18 – Family Medical Leave

Previous Language

An employee may take a leave of absence, without pay, for up to 8 weeks to provide care or support to a seriously ill family member pursuant to the entitlement provided by and requirements of the Employment Standards Act. Such leave shall be arranged with the employee’s Department Head/designate.

New Language

An employee may take a leave of absence, without pay, to provide care or support to a seriously ill family member pursuant to the entitlement provided by and requirements of the Employment Standards Act. Such leave shall be arranged with the employee’s Department Head/designate.

What does this mean?

The collective agreement language regarding Family Medical Leave reflects that the entitlement to this leave is consistent with that provided by the Employment Standards Act, which currently provides eligible employees with up to 28 weeks of Family Medical Leave in a 52-week period. Note: if provisions to the Employment Standards Act were to change regarding this leave, the collective agreement language will automatically reflect such changes, and will not need to be altered. If you have questions regarding this leave, please contact your HR Advisor.

Article 24 – Sick Leave

Previous Language

24.01 Employees covered by this Collective Agreement who have completed their probationary period are covered by the University’s Sick Leave Plan, which provides leave with regular pay for any bona fide absence due to illness or injury.
24.03 Employees are eligible for paid time off for bona fide incidental absences due to illness. The Employer will address excessive incidental absences, if any, through attendance management. With respect to probationary employees paid time off for incidental absences during the probationary period shall not exceed a total of 3 working days.

New Language

24.01 Employees covered by this Collective Agreement who have completed their first three months of employment are covered by the University’s Sick Leave Plan, which provides leave with regular pay for any bona fide absence due to illness or injury.

24.03 Employees are eligible for paid time off for bona fide incidental absences due to illness. The Employer will address excessive incidental absences, if any, through attendance management. With respect to probationary employees paid time off for incidental absences during the first three months of employment shall not exceed a total of 3 working days.

What does this mean?

The collective agreement language regarding Sick Leave was updated in the renewed collective agreement in accordance with the terms of a Memorandum of Agreement between the parties (executed in 2017) in which the language that is now contained in Articles 24.01 and 24.03 was agreed upon.

By way of background information, the parties had agreed to amend the provisions of the collective agreement during the last round of collective bargaining to extend the length of the probationary period from 3 months to 6 months of active employment with the University. However, it was not the intention of the parties in making this amendment to also extend the length of the waiting period for coverage under the University’s Sick Leave Plan for probationary employees. As such, the parties entered into the above-noted Memorandum of Agreement in 2017.

These changes therefore reflect the parties’ current practice, which is that employees are covered by the University’s Sick Leave Plan after completing three months of employment. Employees within their probationary period are entitled to three (3) days of paid time off for incidental absences during the first three months of employment.

Please note: Eligibility for coverage under the Sick Leave Plan is based on continuous employment (i.e. three months from the date of hire, if there is no “break in service”), whereas an employee’s probationary period is calculated based on “active employment”. This means that if a probationary employee is absent for any reason during their probationary period, the employer will add the equivalent of the time missed to the end of the probationary period.

Part Two: Substantive Changes

Article 8 – Union Representation

Article 8.11 – Release Time for Local President

Previous Language

The University will grant 100% release time to the Local President in order that she/he may conduct business on behalf of the Local Union. The Union will reimburse the University for 50% of the cost of the total compensation associated with the Local President’s release time on or before the 15th of the month preceding the employee’s pay date. The University will provide the Union with an invoice for the amount to be paid on or before the first of the month.

New Language

The University will grant 100% release time to the Local President in order that they may conduct business on behalf of the Local Union. The Union will reimburse the University for 50% of the cost of the total compensation, as set by the Local Union but not to exceed the maximum annual salary as outlined in the Salary Grid, associated with the Local President’s release time on or before the 15th of the month preceding the employee’s pay date. The University will provide the Union with an invoice for the amount to be paid on or before the first of the month. Seniority, as well as service, will continue to accrue during such leaves for all service-related entitlements.

In the event the President does not return to their position following the conclusion of their release time, or their position is declared redundant, they will receive Indefinite Layoff and Redeployment in accordance with Article 18.26 – 18.34 of the Collective Agreement.

They will receive Severance Pay in accordance with Appendix F and will cease employment with the University if their notice period expires and they have not successfully redeployed; however, they may defer their severance payment indefinitely and remain in the redeployment pool, without pay, and retain the right to apply for posted positions pursuant to Article 18.29, until they:

  1. provide a written instruction to the Human Resources Department to remove their name;
  2. obtain an alternate position with the University;
  3. resign or retire from the University;
  4. receive severance pay.
What does this mean?

The union reimburses the University for 50% of the costs associated with the salary and benefits of the president, these costs are centrally funded by the University.
If the Local President does not return to their position following the end of their release time, or if their University position has been eliminated, the Local President will be entitled to a longer period of redeployment in the event they decide to defer receipt of severance from the University. Any costs associated with these changes will be centrally funded by the University.

Article 8.13 – Union Leave

Previous Language

Employees on such leave of absence will continue to be paid by the University so long as the Union pays the University monthly, for the cost of the employee’s total compensation on or before the 15th of the month preceding the employee’s pay date. The University must first provide the Union an invoice for the amount to be paid on or before the first of the month.

New Language

Employees on such leave of absence will continue to be paid by the University so long as the Union pays the University monthly, for the cost of the employee’s total compensation on or before the 15th of the month preceding the employee’s pay date. The University must first provide the Union an invoice for the amount to be paid on or before the first of the month. Seniority, as well as service, will continue to accrue during such leaves for all service-related entitlements.

What does this mean?

Employees who are on Union Leaves will continue to accrue seniority, as well as service, for the duration of such leaves for all service-related entitlements.

Article 8.15 – Union Leave (NEW)

New Language

Notwithstanding Article 8.14, if an employee, whose position has been declared redundant continues to be an elected official of the Union or an employee who continues to be an elected official is denied an extension of their union leave in accordance with Article 8.12, the University will, at the request of the Union, grant the employee a leave of absence from the University, until such time as the employee is no longer an elected official. The employee on such leave, will be paid by the University, as set by the Local Union but not to exceed the maximum annual salary as outlined in the Salary Grid, until the date on which they cease to be an elected official of the Union, except as a result of a retirement or resignation, at which time the employee will receive Indefinite Layoff and Redeployment in accordance with Article 18.26 – 18.34 of the Collective Agreement.

An employee will receive Severance Pay in accordance with Appendix F and will cease employment with the University if the employee’s notice period expires and they have not successfully redeployed; however, they may defer their severance payment indefinitely and remain in the redeployment pool, without pay, and retain the right to apply for posted positions pursuant to Article 18.29, until the employee:

  1. provides a written instruction to the Human Resources Department to remove their name;
  2. obtains an alternate position with the University;
  3. resigns or retires from the University;
  4. receives severance pay.
What does this mean?

The employer will grant a leave of absence or an extension to a leave of absence for an employee who is an elected official of the Union even when their University position has been eliminated or the department has determined that a leave of absence would unduly interfere with operations. However, the department is not required to hold the official’s home position and further, any costs associated with notice and severance at the end of the official’s elected term will be paid centrally by the University.
If the elected official does not return to their position following the end of their elected term, or if their University position has been eliminated, the elected official will be entitled to a longer period of redeployment in the event they decide to defer receipt of severance from the University. Any costs associated with these changes will be centrally funded by the University.

Article 11 – Grievance Process

Article 11.06

Previous Language

Step 1: The aggrieved employee (the "grievor"), or a Union representative/steward on the grievor's behalf, may submit a written grievance to the Department Head/designate. The grievance should outline the facts giving rise to the grievance, the Article(s) of the Agreement alleged to have been violated, and the relief sought. The grievance must be dated and be signed by the grievor and a Union representative/steward if available. The Department Head/designate will provide the grievor and the Union with a written response within 10 business days after the grievance was submitted.

New Language

Step 1: The aggrieved employee (the "grievor"), or a Union representative/steward on the grievor's behalf, may submit a written grievance to the Department Head/designate within 10 business days of the date the Informal Resolution Stage response was provided. The grievance should outline the facts giving rise to the grievance, the Article(s) of the Agreement alleged to have been violated, and the relief sought. The grievance must be dated and be signed by the grievor and a Union representative/steward if available. The Department Head/designate will provide the grievor and the Union with a written response within 10 business days after the grievance was submitted.

What does this mean?

A written grievance must be submitted at Step One of the grievance process within 10 business days of the date that the Informal Resolution Stage response was provided.

Article 18 – Probationary Period, Seniority, Posting, Layoff and Redeployment

Article 18.11 (c) (iii) – Posting Not Required – (NEW)

New Language

The University will provide the Union with a copy of the appointment letter, in electronic format, for positions filled without posting pursuant to Article 18.11 (c) (i) and (ii) above, no later than 30 days after the University has received a copy of the signed appointment letter back from the individual.

What does this mean?

The parties agreed that the University will provide the Union with a copy of the appointment letter, in electronic format, for positions filled without posting pursuant to Article 18.11 (c) (i) and (ii), within 30 days after the University has received a copy of the signed appointment letter back from the individual. These changes are consistent with the parties’ current practice with respect to providing the Union with a copy of appointment letters for each new appointment in the bargaining unit.

Article 18.27 (a) – Indefinite Layoff and Redeployment

Previous Language

If an employee is on pregnancy or parental leave, the notice period and entry into the redeployment pool will begin on the date the employee is scheduled to return to work from such leave;

New Language

If an employee is on a leave of absence pursuant to the Employment Standards Act, the notice period and entry into the redeployment pool will begin on the date the employee is scheduled to return to work from such leave;

What does this mean?

If an employee is on a leave of absence pursuant to the Employment Standards Act on the date that written notice of layoff is scheduled to be delivered to the employee, the parties have agreed that the notice period and entry into the redeployment pool will begin on the date that the employee is scheduled to return to work from such a leave.

Article 23 – Leaves of Absence

Domestic or Sexual Violence Leave (NEW)

New Language

23.37 Employees are entitled to a Domestic or Sexual Violence Leave pursuant to the Employment Standards Act.

23.38 In circumstances where the University is aware or ought reasonably to be aware that domestic violence may occur in the workplace, the University is bound by the Occupational Health and Safety Act to take reasonable precautions to protect employees from physical violence. Each case will be assessed on an individual basis, and with the participation of the employee, where possible.

23.39 The employee will be entitled to be accompanied by a Union Representative or Steward at any meeting held to discuss reasonable precautions within the workplace. The University will inform the employee of the right to be accompanied by their Steward prior to the start of any such meeting.

What does this mean?

The parties included language regarding Domestic or Sexual Violence Leave in the renewed collective agreement to reflect legislative changes to the Occupational Health and Safety Act and the Employment Standards Act. This language also reflects that employees are entitled to be accompanied by a Union Representative at any meeting held to discuss reasonable precautions within the workplace, and that the University will inform the employee of this right prior to the start of any such meeting. If you have questions regarding this, please contact your HR Advisor.

Article 30 – Compensation

Article 30.02 – Assignment of Pay Grades (NEW)

New Language

The Employer agrees to include a copy of the applicable salary grid as an Appendix in the Collective Agreement.

What does this mean?

The parties agreed to include a copy of the applicable salary grid as an Appendix in the collective agreement for ease of reference. Previously, this information could be found on the Human Resources website, but was not contained within the collective agreement.

Article 30.03 – Initial Appointment

Previous Language

The starting wage on initial appointment of a new employee will be not less than Step 1 of the applicable pay grade. To recognize previous relevant experience Human Resources may set a new employee’s starting salary, at a maximum, up to Step 3 of the applicable pay grid.

New Language

The starting wage on initial appointment of a new employee will be not less than Step 1 of the applicable pay grade. To recognize previous relevant experience Human Resources may set a new employee’s starting salary, up to the maximum Step of the applicable Grade on the Salary Grid.

What does this mean?

When employees are hired at the University, the University now has more flexibility to set their starting salary, which may be set up to the maximum Step of the applicable Grade on the Salary Grid, rather than it being set at a maximum of Step 3 of the applicable pay grid. This change is anticipated to assist with the recruitment and retention of qualified employees at the University. In keeping with current compensation practices at the University, hiring managers are expected to consult with Human Resources in setting starting salaries to ensure that appropriate market and internal comparisons are considered. If you have questions regarding this, please contact your HR Advisor.

Article 30.09 and Article 30.10 – Wages

30.09 Effective July 1, 2019:

  1. A scale increase of 1.25% will be applied to the maxima and minima salaries and to each salary referenced at each step on the current salary grid.
  2. Each employee, except an employee whose salary at June 30, 2019 was at or above the maximum for their grade, will be moved up to the next step within their grade.

30.10 Effective July 1, 2020:

  1. A scale increase of 1.25% will be applied to the maxima and minima salaries and to each salary referenced at each step on the current salary grid.
  2. Each employee, except an employee whose salary at June 30, 2020 was at or above the maximum for their grade, will be moved up to the next step within their grade.
What does this mean?

For the first two years following the implementation of the renewed collective agreement, all bargaining unit members will receive a) a scale increase of 1.25% and b) a step increase within their salary grade, with the exception of employees whose salaries at June 30, 2019, and June 30, 2020, respectively, are at or above the maximum for their grade.

Additional explanatory notes regarding compensation in year three as it relates to the potential conversion of the Queen’s Pension Plan (QPP) to the University Pension Plan (UPP):

The terms of the collective agreement regarding compensation in the third year following the implementation of the renewed collective agreement are conditional on the successful conversion of the QPP to the UPP.

  • A new salary grid with fewer steps will come into effect on July 1, 2021 or the UPP Accrual Date, whichever is later* (The UPP Accrual Date is the date that a transfer of the assets from the QPP to the UPP is approved).
  • Prior to mapping employees to the new salary grid, the July 1, 2020 salary grid will be modified by adding a 1.5% pension off-set adjustment to all steps in the salary grid. The adjusted salary grid will be referred to as the “Interim Grid.”

*The Pension Memorandum of Agreement ratified by the University and USW, Local 2010 includes alternate provisions for salary increases in the third year of the agreement in the event the UPP Accrual Date is later than July 1, 2021 or if conversion to the UPP will not occur.

EFFECTIVE UPP ACCRUAL DATE - INTERIM GRID
1.5% Pension Offset

Grade Step
1
Step
2
Step
3
Step
4
Step
5
Step
6
Step
7
Step
8
Step
9
Step
10
Step
11
Step
12
Step
13
002 34,367 35,284 36,230 37,197 38,194                
003 38,289 39,310 40,359 41,438 42,547                
004 40,289 41,394 42,535 43,703 44,899 46,133 47,395            
005 42,232 43,292 44,379 45,492 46,633 47,803 49,002 50,232 51,494 52,790      
006 47,892 49,090 50,325 51,588 52,885 54,210 55,571 56,968 58,396 59,865      
007 54,305 55,670 57,068 58,503 59,969 61,472 63,018 64,596 66,227 67,881      
008 61,584 63,131 64,716 66,336 68,002 69,709 71,460 73,254 75,090 76,980      
009 65,473 67,061 68,686 70,352 72,059 73,808 75,599 77,431 79,310 81,238 83,208 85,225 87,295

EFFECTIVE UPP ACCRUAL DATE - UPP SALARY GRID
Start at current step 2, step 4 for grade 9; reduce number of steps in grades 2-9 keeping same maximum

Grade Step
1
Step
2
Step
3
Step
4
Step
5
Step
6
Step
7
Step
8
Step
9
Step
10
Step
11
Step
12
Step
13
002 35,284 36,230 37,197 38,194                  
003 39,310 40,359 41,438 42,547                  
004 41,394 42,535 43,703 44,899 46,133 47,395              
005 43,292 44,536 45,816 47,133 48,488 49,882 51,316 52,790          
006 49,090 50,502 51,954 53,448 54,985 56,566 58,192 59,865          
007 55,670 57,270 58,916 60,609 62,351 64,143 65,986 67,881          
008 63,131 64,945 66,811 68,731 70,706 72,738 74,828 76,980          
009 70,352 72,275 74,251 76,281 78,367 80,510 82,711 84,972 87,295        
Mapping Process
  1. The steps in the Interim Grid will be mapped to the steps in the UPP Grid as follows:
    • The dollar amount of each step within each Grade in the Interim Grid will be mapped onto the same Grade in the UPP Grid.
    • Where the dollar amount of the step in the Interim Grid is mapped between two steps in the UPP Grid, the mapping will be made to the higher step.
    • The maximum step in each Grade of the Interim Grid will map to the new maximum steps in each Grade of the UPP Grid.
       
  2. Once the UPP Grid is created, and all the old steps are mapped from the Interim grid to the UPP Grid, each employee, except an employee whose salary at June 30, 2021, was at or above the maximum for the Grade, will be moved up to the next step within their Grade.

Effective July 1, 2021 or the UPP Accrual Date, whichever is later, employees who were at the maximum step of their Grade on June 30, 2021 will receive a one-time lump sum payment equivalent to 1.8% of their base salary.

Additional terms of the renewed collective agreement that are conditional on the successful conversion of the QPP to the UPP include:

  • Effective on the UPP Accrual Date pension contributions will be shared equally between employees in the USW, Local 2010 bargaining unit and the University (50/50). It is anticipated that the contribution rate on the Accrual date will be 9.2% on pensionable earnings below the YMPE and 11.5% on pensionable earnings above the YMPE.
     
  • For retirements occurring on and after the UPP Accrual Date, the QPP legacy provisions under the UPP will be amended to provide for unreduced early retirement applicable to the Minimum Guarantee Benefit under the QPP earned prior to the UPP Accrual Date, if a QPP member has both attained age 60 and has at least 80 age plus continuous service points on their retirement under the UPP.
     
  • Effective on the UPP accrual date all issues related to the UPP would no longer be the subject matter of a grievance under the collective agreement and must be addressed under the provisions of the UPP and an arbitrator would have no jurisdiction to hear any grievance are grant any remedy.
     
  • Pension MOA survives the expiry of the collective agreement and becomes part of any renewal collective agreement.

Appendices

The Union will be responsible for administering the Appeal Process for the following benefits (NEW):

  • Appendix A: Tuition Support Plan
  • Appendix D: Child Care Benefit Plan
  • Appendix E: Child Care Benefit Plan: Before and/or After School Programs, School Professional Activity Days, or Summer Camps

What does this mean?

The Union is now responsible for administering the appeal process for the Tuition Support Plan, the Child Care Benefit Plan, and the Child Care Benefit Plan: Before and/or After School Programs, School Professional Activity Days, or Summer Camps, and as such, will determine whether appeals are approved or denied.

Memorandums of Agreement

  • Memorandum of Agreement re. Re: Recognition of Aboriginal Peoples – NEW

What does this mean?

The parties agreed to establish a committee to discuss appropriate recognition of Aboriginal Peoples in the Collective Agreement. The Committee will be comprised of an equal number of representatives of the University and the Union, and both parties will include representation from Aboriginal Peoples on the Committee. Any decision made by the parties to implement recommended changes to the Collective Agreement will be the subject matter of a Letter of Understanding, which will be included as housekeeping changes in the subsequent Collective Agreement.

Letters of Understanding

  • Letter of Understanding: Employee Group Benefit Plan – NEW

What does this mean?

The “Letter of Understanding: Employee Group Benefit Plan” in the renewed collective agreement outlines the current status of the parties’ review of the Employee Group Benefit Plan, which was reviewed during the term of the Collective Agreement expiring on December 31, 2018. The purpose of this review was to suggest improvement to the benefit package available to USW, Local 2010 bargaining unit members with a view to maximizing value without adding expense to the Employee Group Benefit Plan as measured by the associated premiums that are University-paid, University/Member-paid, and/or Member-paid.

The “Letter of Understanding: Employee Group Benefit Plan” outlines that the University will conduct a Request for Proposal (“RFP”) with regard to the “Proposed Plan Design Details” to which the parties have agreed, and that implementation of the Proposed Plan requires ratification by the University following the completion of the RFP process.

  • Letter of Understanding: Job Evaluation dated June 1, 2018 – NEW (replaces former LOU: Job Evaluation)

What does this mean?

The “Letter of Understanding: Job Evaluation dated June 1, 2018” in the renewed collective agreement replaces the former “Letter of Understanding: Job Evaluation” by way of outlining the current status of the Job Evaluation Project, including the terms that have been agreed to by the parties to date, which will be posted on the HR website.

Tags: