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PSAC, Local 901, Unit 2 Collective Agreement Administrative Guidelines “what it means to your Grant’s bottom line” November 19, 2013 Faculty Relations OBJECTIVES • General overview of new agreement • Review Articles most relevant to you • Provide reference material (CA) • Answer Questions Contacts Marie Doherty- ext. 78286 Jada McNaughton- ext. 78746 Jackie Cleary – ext. 33133 Dan Bradshaw- ext. 77522 Duration Contract expires June 30, 2016 Schedule A • • • • July 1, 2012 July 1, 2013 July 1, 2014 July 1, 2015 0% 0% $600 Lump sum 1.75% 2% No retroactive payment Dental plan July 1, 2014 ($600 & $1600) Established a base FTE salary of $31,000 Not able to reduce from other sources of funding Who is IN & OUT of the Bargaining Unit? Article 2 • In ▪ Post Docs paid from PI’s Grants; ▪ Post Docs who have own funding, but PI “tops up” salary • Out ▪ Post Docs who secure their own transferable funding from external grant-funding agencies ▪ Ask Faculty Relations Office if unsure What is the Impact of a Collective Agreement on the Terms and Conditions of Employment? • CA is the 1st point of reference for terms and conditions of employment • CA supersedes University policy • Existing university policies, not altered by the CA, continue to apply • Letter of Appointment key Impact of a Collective Agreement on Workplace Relationships? • Having a Union in place means the University cannot negotiate directly with individual employees on matters covered by the CA Agreements entered into between Queen’s and individual employees without the involvement of PSAC are unenforceable (unless authorized by CA) • Union presence does not affect ability to manage the workplace and deal directly with employees on day-to-day operational matters What Remains the Same? Article 4 – Management Rights • Faculty Supervisors continue to have the right to manage day-to-day operations, but it must be done in accordance with the terms of the CA • Management cannot act in an arbitrary or discriminatory manner or in bad faith. (this means management must have an operational rationale for decisions) • Concept of “work now – grieve later” Harassment and Discrimination Article 11 • The CA incorporates the provisions of the University’s Harassment Policy • Faculty Supervisors need to contact FRO immediately - all complaints need to be addressed/investigated to comply with legislation & Policy • Key point: policy not new, right to grieve it is When is a posting NOT required? • 12.01 The parties acknowledge that postdoctoral candidates come to the attention of and are selected by Employment Supervisors through a number of appropriate venues, including direct communication with a candidate(s) and/or with colleagues. APPOINTMENTS/POSTING Article 12 –Posted for at least 10 days –Post doc not hired until posting has closed –Doesn’t limit supervisors ability to hire under 12.01 • Post on Queen’s HR website and an electronic copy of the posting to PSAC Hours of Work Article 13 • Acknowledge flexibility in hours of work required to conduct research • Employee cannot be required to work more than 50 hours per week • Prior Approval required: 162 – 173 hours in a pay period/month (straight time) > 173 hours in a pay period/month(1.5 times straight time) • Payment or lieu time Research & Professional Expenses Article 14 • Prior approval required BEFORE expenses incurred • Travel expenses still follow policy • Reimbursement for personal (Employer required) certifications, licensing &/or registration fee required to complete the research Evaluations & Employee Relations Article 15 • Performance evaluations may be requested by Post Doc Employees request – every 6 months • Employee nearing end of Post Doc appointment may request a meeting with their faculty Supervisor for a final evaluation • If requested, Faculty Supervisor may serve as a reference or provide a letter of reference to potential employer Such request will not be unreasonably denied Discipline and Discharge Article 16 Employees: • Cannot be disciplined or discharged without just cause, except probationary employees • Have a right to reinstatement • Have a right to union representation when University is considering discipline, unless waived (if representation is not provided discipline is void) • Consult FRO early on disciplinary issues It is CRITICAL to: • Fully utilize the probationary period to assess/evaluate • Be aware of the sunset clause – 18 months with no subsequent discipline Probationary Period Article 18 • Probation = time for assessment/evaluation of skills AND Fit • During the probationary period (including extension) an employee may be terminated at any time without recourse to grievance process Union CAN grieve if termination is alleged to have been arbitrary, discriminatory or in bad faith Grievance Procedure Article 19 • A mechanism for resolving disputes under a CA that is required by legislation • Not personal – is an element of labour relations Informal Stage Step One and Step Two • Faculty Relations Office for advice –Timelines very important Academic Freedom Article 21 • Within the framework of Faculty Supervisor’s Research • 21.02 The academic freedom of the Employee shall be exercised in accordance with the scope of the work. • 21.03 As a member of the academic community, each Employee has responsibilities as well as rights, and is responsible, within the framework of the research program of the Faculty Supervisor, for his/her research findings and conclusions. • Disputes are referred to the VP (Research) or delegate Intellectual Property Article 22 • IP will be managed as per University Policy • Any meeting where commercialization is discussed, PDF has right to union representation • Disputes are referred to the VP (Research) or delegate Letters of Appointment Article 27 • Salary determined by Faculty Supervisor (not below the salary floor) • Be aware of contract duration • Offset language: – Must be stated in the letter of appointment – Supervisors financial commitment can be off-set in whole or in part by the amount of award rec’d by the Post Doc Statutory Holidays Article 29 • Employees scheduled to work on a holiday paid at 1.5 times regular hourly rate • Work must be scheduled and approved • No changes Vacations Article 30 • Earn vacation on the same schedule as other employees Benefits Article 28 • What has changed? –Dental July 1, 2014 –Vacation accrual as per policy • The Pension Plan, LTD, Group Life Insurance and Supplemental Medical are offered as per the Policy Post Doc Form *Guidelines forB Discussion Appendix – Postdoctoral Fellow Form 1. Research and Associated Training a) The nature of the research to be undertaken b) Projects such as primary, collaborative and affiliated projects c) All work associated with research such as publications/grant writing, administrative, fieldwork and lab work 2. Professional and Career Development/Objectives a) Participating and/or organizing conferences, workshops, seminars, etc. 3. Supervisory Duties a) Supervision of students b) Supervision of staff such as lab technicians, research assistants, etc. Key Changes… an Overview Benefits Letters of Appointment Hours of Work Post Doc Forms Evaluations Leaves Grievance Procedure Discipline What do you need to do/be aware of… • Pay a lump sum of $600 – November 30 payroll • Dental effective July 1, 2014 • Letters of Appointment are KEY Questions?