Article 11: Leave for Union Activity and Office Organization

11.01 a) The University recognizes union representatives and their substitutes. The Union will decide on the distribution of these representatives.

b) A union representative who has to leave his/her assigned place of work shall make the necessary arrangements with the appropriate immediate supervisor. Such leave shall not be withheld without a valid reason.

c) The Union informs the University, in writing, of the names and assignments of the employees elected or named to represent the Union, be they members of the union Executive Committee, union delegates, and/or members of the different committees recognized by the present Collective Agreement. Thereafter, any change to the said list is sent in the same manner.

d) It is understood that each party may request that an external advisor or representative of its choice be present with the regular representatives at meetings between the parties. The agenda and the names of the participants will be given at the time that the meeting date is established.

e) Any union member has the right to be accompanied by a union member of his/her choice to a formal meeting with, or when summoned by, a university representative for any matter relating to the interpretation or application of the Collective Agreement.

f) The University provides and maintains an office for the exclusive use of the Union furnished with a reasonable amount of office furniture, but not less than two (2) tables, one (1) desk, eight (8) chairs, and a four-drawer filing cabinet. The Union is responsible for monthly telephone charges.

g) The University agrees that the Union may use for its business the usual departmental services.

h) The University agrees that the Union may obtain a photocopying machine, a fax and any other related equipment through Printing Services. The Union shall be responsible for the monthly charges.

i) Any employee affected by the present article cannot be inconvenienced or suffer any prejudice for his/her activities.

j) Any meeting with representatives of the University shall not entail any loss of pay for the employee concerned.

k) The Union may post, in areas agreed upon by the parties, notice of meetings and other business. Such notices must be clearly identified as coming from the Union.

11.02 Negotiations Committee
a) The Union Negotiations Committee is composed of three (3) members, or more upon agreement with the University, selected by the Union.

b) The employees forming the Negotiations Committee may take a leave without loss of pay for the purpose of preparing the Collective Agreement proposal and attending committee meetings.

To this effect, the University grants the Negotiations Committee a bank of thirty (30) days of leave. In addition, the University grants the Union the option to defer from one year to the other ten (10) days of leave drawn from the bank provided for in clause 11.10 for the purpose of preparing the Collective Agreement project, up to a maximum of thirty (30) days.

These days of leave can be taken per hour, per half-day or per day, commencing in the year preceding the expiry of the Collective Agreement.

c) For each negotiation, conciliation, mediation or arbitration, the University grants the members of the Negotiations Committee preparation time without loss of pay, at the rate of one half-day per day of meetings.

d) Members of the Negotiations Committee may, if they so desire, defer the vacation entitlement accumulated in the twelve (12) months preceding the expiry of the Collective Agreement to after the signing of the Collective Agreement, as well as those accumulated up until the signing of the Collective Agreement. A maximum of ten (10) days per year
may be so deferred.

11.03 Grievance Committee
a) The University agrees to recognize a union Grievance Committee, composed of three (3) employees which includes the President of the Union or substitute, the Vice-President, Grievances, and a third member which may, in each case, be chosen according to the nature of the grievance.

b) In order to conduct their inquiry, members of the Grievance Committee, after having informed their respective immediate supervisors, are entitled to a reasonable length of time, without loss of pay, to inquire into each grievance and/or prepare meetings with the University. They have access, if necessary, to that part of the building in which the incident has allegedly taken place in order that they may conduct an inquiry on location of the
circumstances which gave rise to the grievance.

c) The University agrees to meet the Grievance Committee upon request at a time and place agreed to by the parties. The employees who are members of the Grievance Committee are entitled to a leave without loss of pay to attend committee meetings. The hours and days of leave taken by virtue of clause 11.03 will not be drawn from the bank of hours provided for in clause 11.10.

11.04 Health and Safety Representative
The Health and Safety representative, after having informed his/her respective immediate supervisor, is entitled to a reasonable length of time, without loss of pay, to inquire into each complaint concerning health and safety issues. The hours or days of leave taken for these purposes will be drawn from the bank of hours provided for in clause 11.10.

11.05 Executive Committee
The members of the Executive Committee are granted leave from their duties without loss of pay for the purpose of Union administration. The hours or days of such leave will be drawn from the bank provided for in clause 11.10.

11.06 Union Council
a) The Union Council is made up of the Executive Committee, delegates, and members of the different committees provided for in the Collective Agreement.

b) The employees who are members of the Union Council are entitled to be absent without loss of pay to attend union meetings. The days and hours used for these ends are taken from the bank of hours provided for in clause 11.10.

11.07 Labour Relations Committee
a) The parties agree that the purpose of the Labour Relations Committee is to discuss and resolve, if possible, all matters of concern to both parties.

The parties further agree that the Labour Relations Committee also acts as a committee to study every case where there is a disagreement between the parties concerning the inclusion or exclusion of a particular position from the bargaining unit (section 39 of the Labour Code).

b) The Committee consists of up to six (6) members, three (3) of whom are nominated by the Union and three (3) by the University. Each party will designate a member to chair the meetings on an alternating basis.

When issues relating to section 39 of the Labour Code or to an appeal concerning job evaluations under clause 11.09 are being discussed, both parties may have their representative in charge of job evaluations present.

The Committee shall meet at the request of either party at a mutually acceptable time and place, within seven (7) working days of said request.
A report on the substantive results of each meeting shall be prepared, signed by the member designated to serve as chair and distributed to both parties normally within five (5) working days following the meeting.

c) The Committee does not have the power to alter or amend the Collective Agreement.

d) When the Committee’s attention is drawn to a problem, a union representative from the Committee may verify the working conditions which form the basis of the problem. This may be done on-site with the employee(s) concerned. In this case, the union representative will be freed from work by the University without loss of pay.

e) Before each committee meeting, the union representatives have one (1) hour of preparation time, without loss of pay. They are also entitled to a leave without loss of pay to attend committee meetings.

f) The University informs the Union in writing of the names of its representatives on the Labour Relations Committee, as well as, of any modifications which might occur.

11.08 Membership in University Committees
a) Central Advisory Health and Safety Committee
The Union elects one (1) representative to serve as a member of the Central Advisory Health and Safety Committee and of any other health and safety committee which may be formed in the future. The employee who is a member of the Central Advisory Health and Safety Committee is entitled to be absent without loss of pay to attend committee meetings.

b) Employee Assistance Programme (EAP)
The Union elects one (1) representative to serve as a member of the EAP Committee and any other EAP committee which may be formed in the future. The employee who is a member of the EAP Committee is entitled to be absent without loss of pay to attend committee meetings.

c) CUPEU Professional Development Committee
The Union elects three (3) representatives to serve as members of the CUPEU Professional Development Committee and any other CUPEU professional development committee which may be formed in the future.
The employees who are members of the CUPEU Professional Development Committee are entitled to be absent without loss of pay to attend committee meetings.

11.09 Union Representation
The parties recognize that, in order for the Union Executive Committee, delegates and representatives to fulfill their responsibilities towards the employees in the best way possible, leaves for union activities are necessary, and shall be granted as follows:

a) The University grants the Union, for every reference year, a bank of leave for union activities calculated on the basis of half (½) a day for each employee in the bargaining unit on the payroll as of March 1 of each year. This leave can be taken per hour, per half-day or per day.

b) The Union provides Employee Relations with information concerning leave for union activities, and this, in principle, at least seven (7) working days prior to the absence.

c) When the entire bank of time granted by the University has been used, the leaves shall be without loss of pay but shall be reimbursed by the Union. These monies shall be made available to the units affected.

d) The above-mentioned provisions shall apply to all leaves for union activities, except those provided for in clauses 11.02, 11.03, 11.07, and 11.08.

11.10 Leave for Union Service
a)
Upon written notice from the Union, the University grants leave without pay, to not more than one (1) permanent full-time employee for union service either as an employee or in an elected position within the Confederation des Syndicats Nationaux (CSN) or one of its
affiliated bodies.

b) The notice carries the name of the employee, the nature and length of the absence and must be forwarded to Employee Relations, as a rule, thirty (30) days prior to the absence.

c) The University agrees to grant the leave without pay unless, due to exceptional circumstances, it would be impossible to do so without seriously affecting the normal operations of the sector where the employee concerned works.

d) If the employee who is granted leave holds a non-elective position, he/she must return to work within the twenty-four (24) months following the beginning of his/her leave.

e) If the employee on such leave holds an elective position, he/she receives a leave without pay equal in length to his/her term of office; this leave without pay may be renewed once, for a total of two (2) terms in the event of a re-election.

f) An employee on such leave does not have a right to the benefits of this agreement except the pension plan and the group insurance plan to the extent such plans allow. In such an event, the cost of the premiums will be paid entirely by the employee.

g) The employee granted such leave must give the University a written notice of his/her intent either to return to work or to stand for re-election at least thirty (30) days before the end of his/her employment or first term of office. Upon his/her failure to return to work at the end of the employment or the term of office provided for in subsections 11.11 (d) and (e), he/she
is deemed to have resigned at the beginning of his/her leave, except for the insurance and pension plans.

h) Upon his/her return to work, the University reinstates the employee into the position he/she occupied at the moment of his/her departure. If his/her position has been abolished, the procedures outlined in Articles 14 and 15 apply. The employee will receive the salary progression that she or he would have been entitled to during the leave.

i) The employee granted leave by virtue of the present clause will continue to accumulate seniority for the maximum period of time provided for in subsections d) and e). Thereafter, seniority does not accumulate but is maintained.

11.11 Executive Leave for Union Service
a) Upon written notice from the Union, the University grants leave without loss of pay to a maximum of one member of the Executive Committee at any one time, subject to the terms of the present clause.

b) The notice includes the name of the employee, the nature and length of the absence and must be forwarded to Employee Relations, as a rule, thirty (30) days prior to the absence.

c) The University agrees to grant the leave without loss of pay unless, due to particular circumstances, it would be impossible to do so without seriously affecting the normal operations of the department where the employee concerned works.

d) The period of leave shall be no less than six (6) months and no more than twenty-four (24) months, unless the parties agree in writing to modify the period of leave. The Union will reimburse the University for the salary paid to the employee excluding days provided for under Article 20, as well as the University’s portion of the employee’s benefits. This reimbursement must be made within thirty (30) days of being requested, failing which the employee’s leave may be cancelled by the University.

An employee on such leave has the right to the benefits of this agreement including the pension plan and the group insurance plan to the extent such plans allow. In such an event, the cost of the premiums will be paid by the employee and the University as per the terms of the current Collective Agreement.

e) The employee granted such leave must give the University a written notice of his/her intent either to return to work at least thirty (30) days before the end of his/her leave. Upon his/her failure to return to work at the end of his/her leave, he/she is considered as having resigned at the beginning of his/her leave.

f) Upon his/her return to work, the University reinstates the employee into the position he/she occupied at the moment of his/her departure, or if his/her position has been abolished, into an equivalent position according to the procedures outlined in Articles 14 and 15. The employee will receive the salary progression that she or he would have been entitled to during the leave.

g) The employee granted leave by virtue of the present clause continues to accumulate seniority.

h) Other leave provisions under this article will not be applicable to an employee granted leave under the present clause.

i) Upon return from his/her leave, the employee will acquire his/her entire vacation entitlement for the current year, which will be paid by the University as per the terms of Article 29.

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