Article 41: Temporary Employees

41.01 Temporary positions that exist for thirty-six (36) months or more are automatically transformed into permanent positions. If the position is filled by the same temporary employee for thirty-six (36) months or more, he/she is confirmed in the position on the condition that he/she satisfies the requirements of the position, and he/she acquires the status of a permanent employee. Otherwise, the position is posted in accordance with the procedures set out in Article 17. This provision does not limit any legal recourse available to the employee and the Union related to temporary positions under the terms of the certificate of accreditation and of the Collective Agreement.

41.02 The Collective Agreement will apply to temporary employees in the following manner:

Article 1 Purpose of the Agreement The entire article applies.

Article 2 Definition of Terms The entire article applies.

Article 3 Professional Practice and Liability, Intellectual Property The entire article applies.

Article 4 Union Recognition The entire article applies.

Article 5 Management Rights and Obligations The entire article applies.

Article 6 Non-Discrimination The entire article applies.

Article 7 Harassment and Sexual Harassment The entire article applies.

Article 8 Right to Information The entire article applies.

Article 9 Union Membership The entire article applies.

Article 10 Professional Development and Training The entire article applies subject to conditions of eligibility set out in clause 10.11.

Article 11 Leave for Union Activity and Office Organization The entire article applies except for clause 11.11.

Article 12 Grievance and Arbitration Procedure The entire article applies.

Article 13 Seniority The entire article applies.

Article 14 Employment Security The entire article does not apply.

Article 15 Lay-off and Recall The entire article applies.

Article 16 Technological/Administrative Change and Major Budgetary Cuts The entire article applies.

Article 17 Job Posting, Selection and Movement of Personnel The entire article applies.

Article 18 Health and Safety The entire article applies.

Article 19 Subcontracting The entire article applies.

Article 20 University Closing The entire article applies.

Article 21 Disciplinary Measures The entire article applies.

Article 22 Personal Files The entire article applies.

Article 23 Correspondence and Room Bookings The entire article applies.

Article 24 Hours of Work and Work Schedules The entire article applies.

Article 25 Successorship The entire article applies.

Article 26 Stipends The entire article applies.

Article 27 Holidays The entire article applies.

Article 28 Social Leaves, Personal Leaves and Deferred Salary Leaves The entire article applies except for clause 28.06 and 28.09.

Article 29 Vacation The entire article applies.

Article 30 Parental Leave The entire article applies. However, the temporary employee cannot receive an indemnity once laid-off. Being on parental leave should not prevent the employee from applying for and receiving a position, or from being placed on the recall list if he/she is laid off and from obtaining an assignment. If the employee accepts the position, this will conclude the leave.

Article 31 Leave without Pay The entire article does not apply.

Article 32 Study Leave The entire article does not apply.

Article 33 Tuition Waiver The entire article applies to temporary employees who are granted a position of one (1) year or more.

Article 34 Public Service Leaves The entire article does not apply.

Article 35 Work Accidents and Occupational Diseases The University will pay a temporary employee who is absent from work as a result of an occupational injury as defined by the law, ninety percent (90 %) of net salary for the fourteen (14) first calendar days following their first day of absence. Thereafter, the employee is reimbursed directly by the CNESST. The rest of the article applies.

Article 36 Sick Leave
a) Temporary employees are protected by a salary insurance program.

b) The purpose of the salary insurance program is to compensate for the loss of earnings of any temporary employee who is not able to perform normal duties because of illness or accident other than a work accident or an occupational disease.

c) Starting January 1, 2006, the entire cost is borne by the University.

d) A temporary employee who becomes disabled due to illness or injury, at any time when his/her contract is in effect, is entitled to paid sick leave for a period of up to one (1) month at the equivalent rate he/she would have received had he/she remained at work.

e) Temporary employees receiving paid sick leave may be required to provide a medical certificate attesting to their inability to work.

f) When disability continues for more than one (1) month, the temporary employee is protected by the provisions of the salary insurance program.

g) Salary insurance payments shall equal sixty-six and two thirds (66 2/3 %) of the rate the temporary employee would have received had the temporary employee remained at work.

h) Salary insurance payments are made for the duration of the contract in effect at the moment the disability occurred or until the temporary employee returns to work, whichever occurs earlier.

i) For the salary insurance program to apply, the disability cannot begin earlier than the date on which the employee’s contract comes into effect.

j) The temporary employee who is to be absent due to illness or injury shall, as soon as possible, inform the supervisor/unit head or designate of the absence.

k) The University will provide the Union with a copy of the salary insurance policy.

Article 37 Group Insurance and Pension Plan
a) Temporary employees are entitled to participate in the Pension Plan in accordance with the rules and regulations set out in the supplemental Pension Plans Act of Quebec. They may also participate in the Registered Retirement Savings Plan.

b) Effective January 1, 2006, temporary employees who have completed one year of service are entitled to participate in the Health Care Insurance Plan.

Article 38 Retirement The article does not apply, with the exception of clauses 38.01 and 38.02.

Article 39 Salaries The entire article applies.

Article 40 Payment of Salaries and Classification The entire article applies.

Article 41 Temporary Employees The entire article applies.

Article 42 Amendments to the Collective Agreement The entire article applies.

Article 43 Appendices and Letters of Agreement The entire article applies. However, appendix D and letter of agreement number 3 do not apply.

Article 44 Duration of contract The entire article applies.

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