Memorandum of Agreement between UW and UWSA

Updated: 2022-04-26
Effective: October 25, 2022

Contents

  1. Preamble
  2. Recognition and Rights of the Association
  3. Correspondence and Information
  4. Staff Relations Committee (SRC)
  5. Memorandum of Agreement and Policies
  6. Discipline
  7. Grievances
  8. Compensation Agreements
  9. Pension and Benefits

1. Preamble

1.1. General

  1. The Parties to this agreement are the University of Waterloo Staff Association, and the University of Waterloo, hereafter referred to as the Association and the University respectively. Association members will hereafter be referred to as Members.
  2. The University recognizes the Association’s By-laws (see Appendix A), hereafter referred to as the By-laws, as the sole governing rules of the Association.
  3. The University recognizes the Association as the sole representative of University staff, as defined in Article 2, hereafter referred to as Staff.
  4. Recognition of the Association under this Agreement does not constitute voluntary recognition equivalent to certification.
  5. This Agreement is a “special plan” agreement negotiated between and ratified by the Parties.

1.2. This Agreement has the following purposes:

  1. to foster a mutually beneficial relationship for the betterment of both Parties; and
  2. to describe principles and general approaches for developing University Policies concerning terms and conditions of employment; and
  3. to define and describe the relationship between the University and the Association, to provide for regular communication and consultation between the University and the Association, and to provide a means for resolving differences which may arise between them.

1.3. The University and the Association agree:

  1. to encourage within the University community a climate of collegiality, responsibility, and mutual respect; and
  2. to foster harmonious relations and a working environment that enables individual Staff to achieve the goals and objectives of the University; and
  3. to ensure the equitable treatment of individual Staff through fair procedures and practices.

2. Recognition and Rights of the Association

2.1 Definition of Staff

  1. For the purposes of this Agreement, Staff shall include all employees who are assigned a USG grade with the exception of those positions listed in 2.1.2 and who are not considered Members.
  2. All members of University Executive Council, all Associate Vice- President, all Associate Provost and the University positions listed below are excluded from membership in the Association:
    • Assistant University Secretary and Privacy Officer
    • Associate Director, Financial Systems and Controls
    • Associate Director, Management Reporting and Budgets
    • Associate University Secretary
    • Director of Finance
    • Director, Human Resources, Client Services
    • Director, Human Resources, Total Compensation
    • Executive Director, Office of the President
    • Executive Officer, Academic, Office of the Vice President Academic and Provost
    • General Legal Counsel
    • Manager, Immigration & Visa Support Services

2.2. Facilities

  1. The University shall provide the following to the Association, without charge: a centrally located set of offices suitably serviced and maintained; use of the University's internal postal service; bookable meeting rooms; and other such facilities that are normally available to University departments.
  2. The University shall provide the Association with reasonable access, on the same basis and at the same rates as for departments, to other internal services such as telephone, computing, reproduction, and audio- visual services.
  3. The University agrees to take appropriate measures to uphold the security and privacy of the Association and agree that all Association information and data in the possession of the University are the sole property of the Association. This includes Association data stored on University internal services, such as email, file storage, web services, and document storage.

2.3. Release Time

The work of the Association is critical to the development and preservation of a healthy working environment and collegial relationship between Staff and the University’s senior administration. The University has a history of cordial and productive staff relations that has resulted in collaboration to ensure we have fair and equitable policies and problem resolution processes. The Association has been pivotal to building and maintaining this relationship.

  1. The University recognizes and supports the need for time away from a Member’s regular University position to fulfill the duties required by the Association. Release time allows Association Directors and Officers appropriate preparation time for meetings, research, discussion and administration of their role as the official representatives of Staff in the University. The work of Association Directors and Officers who serve on University Committees and on Association business requires a variety of skills and experience that complement and enhance their personal and professional development. For those granted Release Time, the University Provost or designate shall inform the head of the Member’s department in writing that this person is being granted this time and the value of the service to the University.
  2. Release time shall be taken at the discretion of the Member and should be taken so that their regular University position is affected as minimally as possible.
  3. Directors and Officers receive Release Time as may be determined by the Staff Relations Committee

2.4. The President

  1. The President shall be granted 100% Release Time from their regular University position and the University agrees to support and formally acknowledge this release time by means of a letter to the head of the President’s originating department.
  2. The University agrees to fund 50% of the salary of the President to a maximum of the job value of a University Support Group (USG) paygrade 6, 37.5 hrs/wk position. The remainder of the Association President’s salary shall be paid by the Association.
  3. It is also agreed that:
    1. the President’s benefits will continue to be funded by the University of Waterloo; and
    2. at the end of the President’s term they will return to the same position they previously held; and
    3. during the Presidents’ term, their Annual Performance Appraisal rating shall remain the same as the year prior to becoming President; and
    4. the President’s performance will be assessed solely by the Association.

2.5. Officers

  1. Association Officers are those Members as defined by the Association's By-laws.

2.6. Membership in the Association

  1. This agreement does not change the rights of Staff hired before the signing date of this agreement to become Members or resign membership in the Association.
  2. Staff, as defined in section 2.1.1, have the right to join the Association and participate in its activities, with the exception of those listed in section 2.1.2.
  3. The University shall not interfere with the participation of Members in Association meetings or other Association business, provided that such participation does not unreasonably interfere with the performance of a Member's duties and other responsibilities to the University.
  4. Special consideration shall be granted to Members to allow them to attend General Meetings of the Association and Area Representative meetings.
  5. Members in good standing are entitled to all the rights and privileges of the Association.
  6. Staff who are not Members are entitled to a limited set of rights and privileges as defined by the Association’s guidelines.

2.7. Dues and Payroll Deduction

  1. As stated in 2.6.1, this agreement does not change the rights of Staff hired before the signing date of this agreement to become Members and pay the associated dues, or resign membership in the Association.
  2. The Association’s membership dues are set by the Association in accordance with its By-laws
  3. The University agrees to administer the dues including collecting the dues amounts from the employee’s salary and remitting the amounts to the Association
  4. Subject to the requirements of the Employment Standards Act, 2000, the University agrees to collect Association dues from those who were hired before the signing date of this agreement and wish to maintain membership. The Association shall be responsible for collecting written consent from all Members who were hired before the signing of this Agreement. Copies of such written consent shall be provided to Human Resources so as to form part of their employee file.
  5. Effective the signing date of this agreement, the University agrees to add mandatory Association dues to employment contracts for employees who meet the definition of Staff as per section 2.1. when they are new hires.
  6. An employee may claim an exception to paying Association dues with a bona fide religious objection. To do this, they must file with the Association a sworn affidavit explaining the objection. The application will be considered by the Association and decided on within 20 work days.
  7. The decision to grant or refuse the exception shall be final.
  8. Where an exception has been granted, the dues must still be collected by the University however the dues shall be remitted to a registered Canadian charity mutually agreeable to the Association and the employee.
  9. The Association shall advise the University in writing of the amount of its fees, dues, or assessments, and shall provide the University with at least one month's written notice of any change to such amounts.
  10. The University shall remit the amounts deducted no later than the 15th day of the following month in which the deduction was made. At the same time, the University shall inform the Association in writing of the name of each person from whose salary an amount was deducted, the dollar value of that amount, and where the amount is being remitted to.
  11. The University may report the amounts deducted in aggregate form by USG paygrade.
  12. The University shall allow audit of payroll deductions when requested by the Association. The selected auditor shall be mutually acceptable by the University and the Association. The Association shall bear the costs of any such audit.

3. Correspondence and Information

3.1. General

  1. The University and the Association recognize that both Parties require access to information for the proper administration of this Agreement, and agree to use discretion in dealing with such information.
  2. The University agrees to facilitate communication about employment related matters in a timely manner to Staff who are not Members.
  3. The University undertakes to provide the following information to the Association in a timely manner:
    1. an annual list of Staff as of May 1, including name, USG paygrade, department, employee type, time type .
    2. a monthly update giving the same data as in 3.1.3.1 for:
    3. new Staff
    4. terminated Staff;
    5. approved leaves of absence
    6. Staff who change positions or USG paygrade
    7. during the first month of the salary year and within one month of any changes to benefit plans, a list and detailed description of all benefit plans applicable to Staff, and the rates charged to Staff for these plans; and
    8. such other information as the Parties agree to from time to time.
  4. The Association undertakes to provide the following information to the University in a timely manner:
    1. a copy of public communication to all Members at the time of distribution;
    2. an up-to-date copy of the Association's By-laws within one month of their revision;
    3. an up-to-date list of the Association's Board of Directors and Officers within one month of any changes; and
    4. such other information as the Parties agree from time to time.

4. Staff Relations Committee (SRC)

4.1. General

  1. The SRC is a Committee as defined in Policy 1.
  2. The SRC is comprised of seven members appointed by the University and seven members appointed by the Association.
  3. The President of the Association and the Associate Provost, Human Resources shall alternate as Chair on a monthly basis.
  4. It is expected that the SRC will operate in a collegial manner with most decisions made by consensus rather than by formal vote.
  5. The University shall provide a Secretary for meetings to act as a resource and record keeper.

5. Memorandum of Agreement and Policies

5.1. General

  1. The relationship between the Parties, and between the University and the Staff, is defined partly in this Agreement and partly in University Policies.
  2. The Staff Relations Committee has responsibility for the development and recommendation for approval of Staff Class S Policies, and shared responsibility for the development and recommendation for approval of Faculty-Staff Class FS Policies. The Policy classifications and development and approval process are described in Policy 1.
  3. Nothing in this Agreement is intended to prevent the development, amendment or review of any University Policies in accordance with Policy 1 during the term of this Agreement.

5.2. Policy Application and Changes

  1. Where there are differences between this Agreement and any S, or FS Policy, the provisions of this Agreement shall be reviewed and revised to be in alignment with Policy.
  2. If a Class S, or FS Policy is revised or a new Class S, or FS Policy is developed in accordance with Policy 1 and goes forward for approval, the Parties agree to a limited opening of this Agreement at the request of either Party for the sole purpose of revising this Agreement to harmonize it with the new or revised Policy.
  3. Amendments to this Agreement made as a consequence of 5.2.2 shall not require ratification by the Parties to take effect.

5.3. Memorandum of Agreement Application and Changes

  1. This Agreement shall come into effect upon ratification by the Parties and approval by the Board of Governors, shall be binding on both Parties, shall remain in effect for two years, and may not be opened prior to that date except by mutual consent of the Parties.
  2. After the initial two-year period, this Agreement shall automatically renew itself for successive one-year periods unless either Party provides written notice to the other that it wishes to terminate or revise the Agreement.
  3. Termination or revision of this agreement shall not take place until at least one year after notice unless there is mutual agreement by both Parties.
  4. Amendment of this Agreement may be made by the Parties at any time in accordance with the provisions of Article 5.
  5. If the proposed change is deemed by the co-chairs of the SRC to be minor, approval of the change by the Staff Relations Committee is solely required for it to take effect.

6. Discipline

6.1. General

  1. The University shall follow Policy 18 - Staff Employment for all matters of discipline or performance management.
  2. In all matters of discipline or progressive discipline, Staff are entitled and should be encouraged to seek assistance from the Association. Staff are also entitled to be accompanied by an Association support person or a colleague who, if requested, can aid in presenting the Member's position.

7. Grievances

7.1. General

  1. The parties to a grievance shall be the Grievor and the Respondent. The Grievor may be a Staff member, a group of Staff, or the Association. The Respondent may be an individual employee or the University.
  2. The University and the Association agree to use every reasonable effort to encourage informal and prompt resolution of grievances. There shall be no discrimination, harassment, coercion, or reprisals of any kind practiced against any person involved in the grievance process.
  3. Staff who are party to a grievance, or are likely to be, are entitled and should be encouraged to seek assistance from the Association. Staff are also entitled to be accompanied by an Association support person or a colleague who, if requested, can aid in presenting the Member's position.
  4. Procedures shall be followed as per Policy 33 or Policy 36

7.2. Informal Resolution

  1. Staff should first present a potential grievance orally and informally at the lowest administrative level having the authority to dispose of it.
  2. Staff are encouraged to seek the assistance of any or all of the following in an attempt to settle the potential grievance:
  • the Association
  • Human Resources
  • the Conflict Management and Human Rights Office

7.3. Formal Grievance

  1. Staff choosing to proceed with a formal grievance shall follow either Policy 33 - Ethical Behaviour or Policy 36 - Dispute Resolution for University Support Staff
  2. Staff shall be encouraged to seek the support of the Association when filing a grievance.
  3. Policy 33 Complaint
    1. Policy 33 Complaints shall be filed as per Policy 33.
  4. Policy 36 Dispute
    1. Policy 36 Disputes shall be filed as per Policy 36.
    2. The Grievor may choose to proceed with the Policy 36 Informal Stage or proceed directly to the Formal Stage.

8. Compensation Agreements

8.1. General

  1. The Provost's Advisory Committee on Staff Compensation (PACSC) is a Committee as defined in its Terms of Reference approved 1971-07-28 as amended.
  2. PACSC is comprised of four members appointed by the University and four members appointed by the Association.
  3. The Associate Provost, Human Resources shall be the Chair of PACSC.
  4. It is expected that PACSC will operate in a collegial manner, with most decisions made by consensus rather than by formal vote.
  5. PACSC determines the appropriate salary recommendations for the coming year(s) and other matters concerning compensation for Staff. Staff compensation issues include annual salary range increases; changes to and determination of the merit system; the evaluation tool of the salary classification system; paid holidays; vacations; performance appraisals; and appeals on job classifications. The committee also reviews data on performance appraisal ratings, the numbers and types of staff in each grade and any other relevant data regarding staff salaries and classifications that the committee requests.
  6. The University shall provide a Secretary for meetings to act as a resource and record keeper.

9. Pension and Benefits

9.1. University Pension and Group Benefits Plans

  1. The University shall maintain a Pension Plan and a Group Benefits Plan.
  2. The Pension and Group Benefits Plans are managed by the Board of Governors Pension and Benefits Committee as per their Resolution amended 2008-04-01. The University commits to having representation from the Association on the Pension & Benefits Committee.