ARTICLE 49 ‑ REMOVAL EXPENSES‑
49.01 The Employer will pay removal expenses (in accordance with
the Employer's Policy on Removal Expenses on Initial Hire) for employees who
are rejected on probation during their initial probationary period or extension
of their initial probationary period or who are laid off provided
(a) the Probationary employee initially received removal
expenses from Yukon College on hire;
(b) the Probationary employee certifies their intention
to leave their place of employment;
(c) in the case of an employee who is laid off and the
employee certifies their intention to leave their place of employment; and
(d) the employee submits a claim for reasonable removal
costs to the Employer;
The Employer will pay reasonable removal costs for a
distance not greater than from the employee's original point of hire to their
place of employment.
49.02 The Employer will pay removal expenses (in accordance with
the Employer's Policy on Transfer Expenses) under the following conditions:
(a) where the Employer has directed that an employee
transfer from one location to another; and
(b) where an Employee has requested and at the discretion
of the Employer has been granted a transfer from one location to another.
ARTICLE 50 - STAFF ACCOMMODATION
50.01 Employees Transferred from One Community to Another
Yukon College will provide support to any employee's
application to Yukon Housing Corporation for staff accommodation.
ARTICLE 51 ‑ TRAVEL BONUS FOR EMPLOYEES OUTSIDE OF
WHITEHORSE‑
51.01
(a) All employees, whose headquarter areas are outside
the City of Whitehorse shall be entitled to earn the following Travel Bonus
Credits on a bi-weekly basis (prorated for partial bi-weekly periods), as follows:
Carcross, Teslin, Carmacks and Haines Junction: 1.73
hours bi-weekly
All Other Communities: 2.31 hours bi-weekly
(b) Subject to operational requirements, an employee
shall be granted their earned Travel Bonus Credits by completing the appropriate
Leave Request Form.
(c) In order to ensure employees are aware of and have
the opportunity to use their full entitlement to this benefit, the employer
commits to provide quarterly leave benefit statements for each employee.
(d) Any credits unused at June 30 will be forfeited.
51.02
(a) All employees whose headquarter areas are outside
the City of Whitehorse shall be entitled to submit a claim once per fiscal year
to recover the cost of one (1) round trip to Whitehorse at the mileage rate
paid to an employee in accordance with the Employer's current Travel Directive.
Effective July 1, 1998 it is agreed that an employee may claim only once in
a 12 month period.
(b) "Current" means the mileage rate in effect
on the date the employee submits their claim, and the "round trip"
shall be based on the official road mileage distance from the employee's community
to Whitehorse and return.
(c) Employees resident in Old Crow shall be entitled
to submit a claim once per fiscal year to recover the cost of one (1) round
trip to Whitehorse, at the mileage rate paid to an employee in accordance with
the Employer's current Travel Directive, or alternatively claim one (1) economy
return air fare, provided the employee travels by air, from Old Crow to Whitehorse,
for the employee, their spouse, and one child.
ARTICLE 52 ‑ SAFETY FOOTWEAR ALLOWANCE
52.01 On the 1st of April each year, full‑time employees
who are required to wear safety footwear as prescribed under the Occupational
Health and Safety Act will receive a $75.00 footwear allowance.
ARTICLE 53 - UNIFORMS
53.01 The College will provide two (2) uniforms per year to each
kitchen worker.
PART-TIME EMPLOYEES
ARTICLE 54 ‑ PART-TIME EMPLOYEES‑
54.01 General
Other than as noted in the clauses below, the terms and
conditions of this Agreement apply to all part-time permanent employees.
54.02 Pay
A part‑time employee is entitled to be paid bi-weekly
or hourly for services rendered in accordance with
(a) their average number of hours worked per week in
comparison to full-time employee performing similar duties; and
(b) the classification of the position to which they
are appointed.
54.03 Pay for Additional Hours
Part-time employees who work additional hours beyond
their normal schedule up to those worked by a full-time employee in the same
classification shall be paid out for such additional hours unless it has been
mutually agreed by the employee and the employer to bank the additional hours
at straight time for compensatory time off in lieu.
54.04 Overtime
A part-time employee is entitled to receive overtime
compensation in accordance with Article 29, when work has been authorized in
advance by the Employer in excess of normal daily or weekly hours of work performed
by a full-time employee in the same classification and/or when work is authorized
in advance of the Employer in excess of the same number of consecutive working
days as a full-time employee in the same classification. It is understood that
part-time employees may refuse to work any additional time beyond their schedule.
54.05 Designated Paid Holiday
(a) When a designated paid holiday falls on a non-scheduled
working day, a part-time employee shall be reimbursed for that day on the basis
of the average number of hours worked per day over a two week period immediately
preceding a designated paid holiday.
(b) When a designated paid holiday falls on a scheduled
working day or is moved to a scheduled working day on which the employee is
not required to work, a part-time employee shall be reimbursed for that day
on the basis of the average number of hours worked per day over the two week
period immediately preceding a designated paid holiday.
(c) A part-time employee shall be paid for all hours
worked on a designated paid holiday in accordance with Clause 29.05 of this
Collective Agreement.
(d) Designated paid holidays referred to in this Article
are those contained in Article 34.
54.06 Vacation Leave
A part‑time employee shall earn vacation leave
credits in proportion to the average number of hours worked per week in relation
to a full-time employee in the same classification as specified in Article 25.
Part-time employees who work additional hours beyond their normal schedule shall
be paid out for additional leave credits earned on such hours unless it has
been mutually agreed by the employee and the employer to bank such additional
credits to be used as vacation leave with pay.
54.07 Sick and Special Leave Credits
A part‑time employee shall earn sick and special
leave credits in proportion to the average number of hours worked per day in
relation to a full-time employee in the same classification.
54.08 Travel Assistance
A part-time employee shall be entitled to Travel Assistance
in accordance with the terms of the Collective Agreement in force on the date
they became eligible to claim.
54.09 Travel Bonus for Employees Outside of Whitehorse
A part‑time employee shall be entitled to a Travel
Bonus in proportion to the average number of hours worked per week in relation
to a full‑time employee in the same classification.
54.10 Rest Periods
(a) The employer shall schedule paid
rest periods per day of fifteen (15) minutes duration as follows:
3 — 5-1/2 hour shifts: 1 rest period
6 — 7-1/2 hour shifts: 2 rest periods
(b) Each rest period shall be scheduled as near
as possible to the mid-point of the work periods before and after the meal break.
54.11 Meal Breaks
Employees working a shift of more than five (5) hours
shall be entitled to a meal break. The employer shall schedule a meal break
as close as possible to the mid-point of an employee's shift. The duration of
the meal break may vary but shall not be less than one-half (1/2) hour duration.
WORKING CONDITIONS
ARTICLE 55 - SAFETY AND HEALTH
55.01 The Employer shall ensure that the safety and health at work
of every person employed by the employer is protected. Employees will cooperate
with the Safety and Health Committee established for the work place where the
employee is employed.
55.02
(a) In accordance with Clause 55.01, the Employer and
the Union jointly have commenced and will continue to establish Health and Safety
Committees. It is agreed and understood that at no time will the Union's representatives
constitute less than one-half (1/2) of the representatives of the Committee.
(b) The Committee shall select its own Chair. Minutes
of all meetings shall be forwarded to the Union and to the Employer.
(c) Each Committee shall establish its own procedures
but are encouraged to pre-schedule regular monthly meetings which may be cancelled
by the Chair should there be no business to pursue. Extra meetings may be called
by the Chair in necessary emergency situations.
(d) An employee shall suffer no loss of pay for serving
on a Health and Safety Committee.
55.03 The Safety and Health Committee
(a) shall receive, consider and expeditiously process
complaints relating to the safety and health of the employees represented by
the committee;
(b) shall maintain records pertaining to the disposition
of complaints relating to the safety and health of the employees represented
by the committee;
(c) shall cooperate with any occupational health service
established to serve the work place;
(d) may establish and promote safety and health programs
for the education of the employees represented by the committee;
(e) shall participate in all inquiries and investigations
pertaining to occupational safety and health including such consultations as
may be necessary with persons who are professionally or technically qualified
to advise the committee on those matters;
(f) may develop, establish and maintain programs, measures
and procedures related to the safety and health of employees;
(g) shall regularly monitor programs, measures and procedures
related to the safety and health of employees;
(h) shall ensure that adequate records are kept on work accidents,
injuries and health hazards and shall regularly monitor data relating to those
accidents, injuries and hazards;
(i) shall cooperate with safety officers;
(j) may request from an employer such information as
the committee considers necessary to identify existing or potential hazards
with respect to materials, processes or equipment in the work place; and
(k) shall have full access to all government and employer reports
relating to the safety and health of the employees represented by the committee,
but shall not have access to the medical records of any person except with the
consent of that person.
55.04 Employees are encouraged to refer safety matters to their
immediate supervisors in an attempt to resolve any problems and where the safety
matters cannot be resolved, both employees and supervisors are encouraged to
refer safety issues to the Chair or the regional representative.
55.05 Where, by law or a requirement of the Employer, an employee
is required to undergo a medical examination to continue to meet a condition
of employment, and the cost of such an examination is not covered by a medical
insurance policy, the cost of such a medical examination will be borne by the
Employer.
55.06 Yukon Occupational Health and Safety Act
To remove any uncertainty, it is agreed that the Yukon
Occupational Health and Safety Act applies to this Collective Agreement.
ARTICLE 56 ‑ DISCRIMINATION‑
56.01 The parties agree that there shall be no discrimination,
interference, coercion, harassment, intimidation or disciplinary action exercised
or practiced by employees, the union or the employer with respect to an employee
by reason of age, ancestry including colour and race, national origin, religious
affiliation or creed, sex including pregnancy, sexual orientation, ethnic or
linguistic background, physical or mental disability, criminal charges or record,
political belief, association or activity, marital or family status, association
with individuals or groups identified by these grounds, membership or activity
in the union, and any other grounds identified by the Yukon Human Rights
Act.
ARTICLE 57 ‑ HARASSMENT‑
57.01 The Alliance, the employees and the Employer recognize that
every employee can expect to be treated fairly in the workplace in an environment
free of discrimination, and personal or sexual harassment. Any behaviour which
denies individuals their dignity and respect and is offensive, embarrassing,
humiliating will not be tolerated. Harassment of another employee or of a College
client carrying out duties or providing goods, services, facilities, or accommodation
constitutes a disciplinary infraction and will be dealt with severely. The use
of authority or position to intimidate, coerce or harass is strictly forbidden.
57.02 Personal harassment is any behaviour by any person
that is directed at and is offensive to an employee or endangers an employee's
job, undermines the performance of that job or threatens the economic livelihood
of the employee. Sexual harassment is comprised of offensive sexual comments,
gestures or physical contact that a person knew or reasonably ought to have
known would be deemed objectionable or offensive, either on a one-time
basis or in a continuous series of incidents, however minor. Generally, sexual
harassment is behaviour of a sexual nature that is deliberate and unsolicited.
Sexual harassment is coercive and one-sided and both males and females can be
victims of it. However, the abuse of authority does not include the legitimate
exercise of individual supervisory powers and authority.
In investigating harassment allegations, the test of
whether harassment has occurred will be that a "reasonable person"
would conclude harassment had occurred.
During the life of this agreement, the Employer agrees
to provide education related to this matter.
Abuse of authority occurs when an individual uses their
authority or position with its implicit power to undermine, sabotage or otherwise
interfere with or influence the career of another employee or in the provisions
of goods and services to the public. This definition includes blatant acts of
misuse of authority such as intimidation, threats, blackmail and coercion.
57.03
(a) An employee who believes that they have been harassed
may file a Grievance within ninety (90) working days of the alleged harassment.
(b) Any level in the Grievance procedure shall be waived
if the person hearing the grievance is the subject of the complaint.
(c) For further clarification, a grievance meeting shall
be convened within thirty (30) working days of the date of filing the Grievance,
unless the Union and the Employer have mutually agreed to an extension.
(d) Clause 12.17 shall apply to any person including
employees of the bargaining unit, regardless of whether or not they are acting
in a managerial or confidential capacity.
(e) The Employer and the Union agree to exchange relevant
information resulting from a Grievance filed under this Article. In such instances
confidentiality must be maintained.
ARTICLE 58 - INVASION OF PRIVACY
58.01 The Employer agrees there will be no monitoring of electronic
communication of employees, other than is reasonably required for billing, security
reasons and systems integrity.
JOINT CONSULTATION
ARTICLE 59 ‑ JOINT CONSULTATION‑
59.01 In recognition of the mutual desire of the parties to this
agreement to maintain and enhance their relationship, there shall be constituted,
for the term of this agreement a Joint Consultation Committee (JCC) composed
of representatives of the parties to the agreement. An employee shall suffer
no loss of pay or benefits for serving on the Joint Consultation Committee.
59.02
(a) The Joint Consultation Committee shall
(i) meet once a month following the signing of this agreement,
at a mutually agreed to time and place;
(ii) convene additional meetings at the request of either party.
(b) The Joint Consultation Committee shall
(i) discuss and attempt to arrive at mutually agreeable
solutions to the problems or issues identified by either party;
(ii) not be a substitute for the process of a specific
Grievance or grievance arbitration as set out in this Agreement and shall not
consider specific matters that have been formally grieved or submitted to grievance
arbitration in accordance with this agreement;
(iii)
not make recommendations which will prejudice a member's rights under any other
part of this Agreement; and
(iv)
not have jurisdiction over wages or other matters of collective bargaining including
the administration of this Agreement.
59.03 The Joint Consultation Committee shall consider as appropriate
matters for Joint Consultation the following:
1. Third (3rd) Party Contracts;
2. Harassment Grievance Investigation Procedures;
3. Notice of Re‑assignment of Employees;
4. Employment Equity for Aboriginal Peoples,
Women, Disabled and Visible Minorities;
5. Employee Orientation;
6. Staff Training and Development;
7. Code of Ethics;
8. Training and other measures to deal with
the impact on the employees of technological and other change;
9. Academic Rights and Freedoms;
10. Environmental Protection;
11. Safety and Health Practices;
12. Restrictions on Outside Employment;
13. Travel and Subsistence Allowances;
14. Provisions to the Alliance of Employer Manuals and
Directives;
15. Cold Weather Travel Policy;
16. Staff Uniforms and Clothing;
17. Parking Privileges;
18. Relocation Allowances;
The numbering above reflects priorities identified by
the negotiating team.
The Employer agrees that in the matters identified above,
new policies will not be introduced and existing regulations and directives
will not be cancelled nor amended in such a way to affect employees covered
by this Agreement until such time as the Alliance has been provided an opportunity
to consider and consult on the proposals.
59.04 The Joint Consultation Committee may
(a) make final and binding decisions on those matters
specifically agreed to in this Agreement or any other matter specifically referred
to the Committee by mutual agreement of the parties. Both parties shall be bound
by the decisions of the Joint Consultation Committee. If the Joint Consultation
Committee chooses not to render a decision, the matter will be referred back
to the parties. If the Joint Consultation Committee cannot agree, the matter
will be referred back to the parties;
(b) call upon additional persons for technical information
or advice; and
(c) establish sub-committee or ad hoc committees as it
deems necessary and set guidelines and operating procedures for such committees.
For the purposes of this Article, notices and correspondences
shall be between the President of the Yukon College Employees' Union and the
President of Yukon College.
ARTICLE 60 - ADVISORY SELECTION COMMITTEES
Advisory Selection Committees shall shortlist candidates
and/or interview candidates, and recommend appointment. The Union shall select
the bargaining unit members for such committees.
60.01 President/Vice-Presidents
Selection of the President/Vice-Presidents is the duty
and responsibility of the Employer. It is recognized, however, that the President/Vice-Presidents
should be selected only after wide consultation within the College community.
Therefore, before making an appointment of a President or Vice-Presidents, the
Employer will establish an Advisory Selection Committee. The Committee will
include at least two members of the Bargaining Unit.
60.02 Directors, Deans, and Managers
The Advisory Selection Committees will include at least
one Bargaining Unit member from the program/service area concerned.
60.03 Permanent and Term Faculty/Non-Faculty
Each Division shall establish an Advisory Selection Committee.
The Committee will include the Dean or a Director/Manager or designate, the
Human Resources Director or designate, and two faculty/non faculty bargaining
unit members, one from the program/service area concerned and one from another
area of the College.
60.04 Establishment
The Union shall provide the Employer with the names of
the bargaining unit employee(s) appointed to the Advisory Selection Committee
no later than the closing date for applications.
COPYRIGHT
ARTICLE 61 - COPYRIGHT
61.01 Except as may be otherwise mutually agreed between the employee
and the College, a work produced by an employee for the purpose of advancing
the attainment of the educational objectives of the College or produced with
College resources shall be and remain the property of the College.
Other works produced by an employee on the employee's
own time shall be and remain the property of the employee. Nothing contained
herein shall adversely affect any rights an employee may have under the Copyright
Act (Canada) and in particular Section 12(3) thereof.
DURATION AND RENEWAL
ARTICLE 62 - RE-OPENER
62.01 This Agreement may be amended by mutual consent.
ARTICLE 63 ‑ DURATION AND RENEWAL‑
63.01 The duration of this Agreement shall be from July 01, 2000 to June 30,
2003 and will continue in force until a new collective agreement is signed.
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