November 19, 2013 Faculty Relations

1. PSAC, Local 901, Unit 2 Collective Agreement Administrative Guidelines “what it means to your Grant’s bottom line” November 19, 2013 Faculty Relations

2. OBJECTIVES • General overview of new agreement • Review Articles most relevant to you • Provide reference material (CA) • Answer Questions

3. Contacts

4. Duration Contract expires June 30, 2016

5. Schedule A • 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

6. 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

7. 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

8. 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

9. 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”

10. Harassment and DiscriminationArticle 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

11. 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.

12. 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

13. Hours of WorkArticle 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

14. Research & ProfessionalExpenses 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

15. Evaluations & EmployeeRelations 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

16. Discipline and DischargeArticle 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

17. Probationary PeriodArticle 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

18. 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

19. Academic FreedomArticle 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

20. Intellectual PropertyArticle 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

21. Letters of AppointmentArticle 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

22. Statutory HolidaysArticle 29 • Employees scheduled to work on a holiday paid at 1.5 times regular hourly rate • Work must be scheduled and approved • No changes

23. VacationsArticle 30 • Earn vacation on the same schedule as other employees

24. BenefitsArticle 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

25. Post Doc Form Appendix B – Postdoctoral Fellow Form

26. Key Changes… an Overview Benefits Letters of Appointment Hours of Work Post Doc Forms Evaluations Leaves Grievance Procedure Discipline

27. 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

28. Questions?