What's changing in the 2026 UW-UWSA Memorandum of Agreement

This page breaks down every proposed change in the 2026 Memorandum of Agreement, section by section. If you're looking for the overall summary, next steps, or background on the revision process, you’ll find that on the main MoA page

What's new

Here's an overview of the biggest new features in this version of our Memorandum of Agreement with UW. Keep reading below for a section-by-section explanation of all the revisions and what they mean for staff.

Compensation negotiations

The most significant change in this MoA—and our top priority based on member feedback—is a new, fair, enforceable process for determining staff compensation. This strengthens our ability to advocate effectively, reflects the essential contributions staff make, and provides the predictability and clarity you’ve been asking for. It also puts us on equal ground with the other employee groups at UW.

This new structure replaces informal salary conversations with formal negotiations, mediation, and, if needed, binding arbitration.

Association grievances

The 2022 MoA allowed the UWSA—not just individual staff—to file grievances, but it referred to policies that were not designed for institution-level disputes. The 2026 agreement introduces a dedicated section that outlines a clear, reliable process for the UWSA to address potential violations of policy, the MoA, and related commitments. When needed, the process can conclude with neutral, third-party arbitration. While we anticipate this option will rarely be required, it gives the UWSA a fair and enforceable way to resolve issues that affect staff more broadly—not just individual cases.

Other key changes

Beyond compensation and grievances, this MoA makes several other important improvements:

  • Dues on your T4: The University will now report UWSA dues directly on staff T4s for tax deduction purposes.
  • Stronger participation rights: More UWSA activities are now explicitly protected for member participation.
  • Clearer access to support: Staff rights to seek advocacy support from the UWSA are clarified and more explicitly protected.
  • Contract transparency: The UWSA will now be notified about changes to standard employment contract language.
  • Guidelines engagement: The University will notify and engage with the UWSA as staff‑related guidelines are developed or revised.
  • Membership vs. dues: To align with labour law, membership is no longer automatic, but dues remain mandatory for new staff contracts.

Annotated revisions

We've provided explanations for every substantive change. There are also minor edits throughout the MoA, such as correcting typos and renumbering items, that are not noted here. There are no changes to Section 4 (Staff Relations Committee), other than updating one job title.

Download the complete tentative agreement (PDF).

How to read the changes

We'll state whether each section or clause is new, revised, moved, or removed. You’ll see underlines for new content and strikethroughs for removed content—these are only there to help you compare versions. If an entire section or clause is new, it is not formatted as inserted text, for ease of reading. 

We've also highlighted the most impactful changes in yellow.

Section 1 – Preamble

Subsection 1.1.1

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.

Subsection 1.1.2

The University recognizes the Association’s By-laws, hereafter referred to as the By-laws, as the sole governing rules of the Association.

Subsection 1.1.3

The University recognizes the Association as the sole representative of University staff, as defined in subsection 2.1, hereafter referred to as Staff, for matters relating to the terms and conditions of their employment.

About subsection 1.1.2

The University recognizes that the Association governs itself. The Association's by-laws are the rules that determine how it operates, makes decisions, and conducts its business.

What 1.1.3 means

This language protects members by clearly establishing that we are your representative for employment conditions, not just an advisory group or social organization.

It also aligns our Agreement with labour‑relations standards and legally establishes our representational jurisdiction, putting the entire agreement on firmer ground. This strengthens our ability to advocate on all issues affecting your work.

Please note that this language does not override anyone's right to negotiate employment contracts or severance, or to file complaints or grievances independent of the UWSA.

Subsection 1.1.4

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.

About 1.1.4

This clause recognizes that work members do with the UWSA is valuable not just to the Association, but to the University. This is why members are granted time to participate in UWSA activities, and directors and presidents are given defined release time to perform those roles.

Subsection 1.1.5

Recognition of the Association under this Agreement does not constitute voluntary recognition equivalent to certification.

Subsection 1.1.6

This Agreement is a “special plan” agreement negotiated between and ratified by the Parties.

What 1.1.5 and 1.1.6 mean

1.1.5 means that, although the MoA gives the Association many of the same rights and responsibilities as a union, it does not make the Association a certified union.

Because the Association is not a certified union, the MoA is a unique agreement negotiated and approved by the University and the Association rather than a collective agreement under labour law. That's where the term "special plan" comes in.

Subsections 1.1.7 and 1.1.8

1.1.7. In this Agreement: 

  • 1.1.7.1. “Last Amended Date” means October 25, 2022.
  • 1.1.7.2. “Legacy Staff” means Staff employed before October 26, 2022.
  • 1.1.7.3. “Effective Date” means [the date on which this Agreement takes effect].
  • 1.1.7.4. Any dates (except for May 1) in Section 8 or 9 relating to compensation, compensation negotiations, or mediation-arbitration related to compensation shall be interpreted as the corresponding date immediately preceding the salary year commencing May 1.

1.1. 8. Except as expressly provided in this Agreement, rights and obligations accrued under the Agreement effective as of the Last Amended Date are preserved and continue without interruption.

About 1.1.7 and 1.1.8

This is mostly language to facilitate the transition from the last MoA to the new one. 

1.1.7.2 also introduces the term “Legacy Staff” to refer to staff hired before the last MoA, which will be important in the dues section. This is simply a shorthand to avoid saying "staff hired before October 26, 2022" repeatedly.

Subsection 1.2 – The purpose of the MoA

This Agreement has the following purposes:

  • 1.2.1. to foster a mutually beneficial relationship for the betterment of both Parties; and
  • 1.2.2. to describe principles and general approaches for developing University Policies and guidelines concerning terms and conditions of employment; and
  • 1.2.3. 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.

Subsection 1.3

The University and the Association agree:

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

The MoA's purpose

These sections set out the purpose of the MoA: to support a constructive relationship between the University and the Association, provide a framework for consultation and communication, and promote fair treatment of staff.

We added the word "guidelines" in 2026 to reflect that we will now have a role in the development of University guidelines concerning staff working conditions.

Section 2 – Recognition and Rights of the Association

Subsection 2.1 – Definition of Staff

2.1.1. For the purposes of this Agreement, Staff shall include all employees who are assigned a University Support Group (USG) job grade, with the exception of those positions listed in subsection 2.1.3 below.

2.1.2. Executive, governance, human resources, and other employer- representative roles carry confidential and institutional responsibilities, including substantial decision-making authority and autonomy, that directly influence matters the Staff Association may advocate for, creating unavoidable conflicts of interest. Excluding these roles maintains confidentiality, protects institutional integrity, and preserves the independence and credibility of the Staff Association.  

2.1.3. University staff members in the following functional groups are therefore excluded from the definition of Staff, are not eligible for Association membership, and dues shall not be deducted from their salaries:

  1. Members of the University Executive Council
  2. Associate Vice Presidents 
  3. Associate Provosts
  4. Finance Directors 
  5. Director, Special Constables
  6. Positions at USG 16 and above 
  7. All staff in the following offices: 
    1. Office of the President 
    2. Secretariat  
    3. Legal and Immigration Services  
    4. Office of Faculty and Academic Life 
    5. Human Resources
  8. Positions within Vice-President Offices that directly report to Vice-Presidents or that otherwise have responsibilities which may put them in a conflict of interest regarding Association matters. For clarity, positions that are part of sub-units that report into Vice-President Offices but are not part of the Vice-President Office itself, are not excluded from Association membership (unless otherwise excluded above).
     

What 2.1 means

The MoA contains a defined list of roles that are not part of the UWSA. This is a standard practice in labour relations and is meant to prevent conflicts of interest and protect the integrity of both parties.

The roles that are excluded are those that regularly act on behalf of the University in areas closely tied to labour relations—such as making decisions about employment conditions, discipline, or grievances; supporting labour relations work; or participating in senior-level planning that directly affects staff working conditions.

While this excludes staff in these roles from UWSA membership benefits and the MoA itself, it does not affect eligibility for employment benefits or anything covered by UW policies.

We recognize that item 8 in the list may be confusing. We spent a lot of time trying to find clear language to reflect the intention for these offices. Here are some examples:

  • Excluded from UWSA membership: Executive assistants and directors of strategic initiatives who directly support VPs.
  • NOT excluded from membership: Staff in sub-units under a VP, such as—but certainly not limited to—Sustainable Transportation, IST, WatCo, or University Relations (unless excluded for another reason, e.g., the USG 16+ criteria). 

Subsection 2.2 – Facilities

2.2.1. The University shall provide the following to the Association, without charge: a centrally located, sufficiently sized, set of offices suitably serviced and maintained; use of the University's internal postal service; bookable meeting rooms booked through the room-booking procedures applicable to academic departments; and other such facilities that are normally available to University departments. The University may, for operational reasons, reasonably reassign sufficient and equivalent space or adjust access to services upon ninety (90) days’ notice, or within such other period as the parties may agree in writing, and shall consult with the Association where feasible.

2.2.2. 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.

2.2.3. The University agrees to take appropriate measures to uphold the security and privacy of the Association and agrees 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.

What's covered in 2.2

2.2.1 protects the UWSA’s access to adequate office space on campus, even if the University someday needs to re-purpose our current space.

2.2.2 means that we are treated like an internal department by IST in terms of access to services and supports.

2.2.3 confirms that Association information belongs solely to the Association, even when it is stored on University systems, such as in Teams/Sharepoint. The University is responsible for protecting the security and privacy of Association information and cannot treat it as University-owned data. That said, some of our information, such as member support case files and our member database, are not stored on University systems. They are maintained separately by the Association for added privacy.

Subsection 2.3 – Release time

2.3.1. 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 the President, incoming president-elect, the outgoing past president, and Association Directors and Officers (as defined by the Association’s By-laws) 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 Chief Human Resources Officer (CHRO) or designate shall inform the head of the Member’s department in writing that this person is granted this time, that their duties should be commensurately reduced, and emphasize the value of the service to the University.

2.3.2. 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.

2.3.3. Directors and Officers receive Release Time as determined by the Staff Relations Committee (SRC) and outlined in the UWSA Board of Directors University Service Guideline.

About 2.3

This section allows Association leaders—presidents and directors—to spend part of their work time carrying out Association responsibilities. When release time is granted, their regular University duties should be reduced by a corresponding amount rather than added on top of their existing workload. The amounts of release time are set out in a separate guideline that is determined by the Staff Relations Committee.

This section also specifies that when a manager is informed of a member's role with the Association and their release time requirements, they are also reminded of the value of this work to the University.

Subsection 2.4 – The President

2.4.1. 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.

2.4.2. The University agrees to fund 50% of the salary of the President, to a maximum of $70,000, subject to annual scale adjustments. The remainder of the Association President’s salary shall be paid by the Association.

2.4.3. The President shall receive a stipend in accordance with the UWSA President’s stipend guideline funded by the Association.

2.4.4. Any salary increases or other adjustments applied to Staff during the President's term will apply to the President.

2.4.5. The employer-paid portion of the President’s benefits will continue to be funded by the University.

2.4.6. At the end of the President’s term they will return to the same position they previously held.

2.4.7. The President’s performance will be assessed solely by the Association Board of Directors.

About 2.4

This section covers only those aspects of the President's role that are part of the relationship between the Association and the University, such as release time, compensation, benefits, and return to work. Other responsibilities, expectations, and operational details of the role are governed by Association policies and the President's job description. A couple of key things to know:

  • The role of the President is a secondment: The person in the role is released from their regular position so they can serve the Association full-time, and at the end of the term, they return to the same position they held before taking office.
  • The President's compensation is shared between the University and the Association. The University contributes 50% of the President's salary up to a maximum, and the Association funds the remainder, as well as a stipend.
  • Salary adjustments and employer-paid benefits continue as normal.
  • While in this role, the President is accountable only to the UWSA Board of Directors, not to the University.

Subsection 2.5 – Membership in the Association

2.5.1. Membership in the Association is not a condition of employment. However, an amount equal to Association dues will be deducted from wages of Staff except those excluded under subsections 2.1.3 and 2.6.4.

2.5.2. Staff, as defined in subsection 2.1.1, have the right to join the Association and participate in its activities.

2.5.3. The University shall not interfere with the participation of Members in Association meetings, including committee meetings, or other Association business or activities, provided that such participation does not unreasonably interfere with the performance of a Member's duties and other responsibilities to the University, or with University operations.

2.5.4. Special consideration shall be granted to Members to allow them to attend Annual and Special Meetings of the Association and Area Representative meetings.

2.5.5. Members in good standing are entitled to all the rights and privileges of the Association.

2.5.6. Staff who are not Members are entitled to a limited set of rights and privileges as defined by the Association’s guidelines.

What 2.5 means for you

This section explains who can join the Association, what rights members and non-members have, how dues are collected, and how staff can participate in Association activities. Here are the key points:

  • 2.5.1 distinguishes between paying dues and being a member. Membership in the UWSA is voluntary—but staff represented by the Association are required to pay Association dues, with an exception for staff hired before our 2022 agreement was signed. 
    • If you were hired after October 26, 2022: Dues are mandatory, but membership is not. You have access to our services but must become a member for voting rights.

    • If you were hired before October 26, 2022 ("Legacy Staff"): Both dues and membership remain optional because they weren’t part of employment contracts at that time. You need to join the Association to access services and voting rights.

  • The University—including your manager—cannot stop Members from participating in Association activities, provided it doesn't unduly interfere with your work responsibilities or University operations. This includes attending our events and meetings, serving on committees, being an Area Rep, and more. 

  • Membership rights—voting, access to services, serving on committees, and more—are determined by the Association. Staff who are not members have more limited access to our services. Learn more on our Membership page.

Subsection 2.6 – Dues and Payroll Deduction

2.6.1. The Association’s membership dues are set by the Association in accordance with its By-laws.

2.6.2. Subject to applicable law and to the legacy provisions in subsection 2.6.4, the University shall deduct Association dues from the wages of all Staff who meet the definition of Staff in subsection 2.1.1 and shall remit such dues to the Association.

2.6.3. The University agrees that, for each taxation year covered by this Agreement, it will accurately record and report all association membership dues deducted from employees’ pay within the appropriate box on the employees’ annual tax slips, in accordance with applicable Canada Revenue Agency (CRA) requirements.

2.6.4. Legacy Staff are not required to pay Association dues unless and until a Legacy Staff member signs a new Staff employment contract (whether temporary or ongoing) following a temporary contract, or they elect to pay dues under subsection 2.6.5.

2.6.5. Subject to the requirements of the Employment Standards Act, 2000, Legacy Staff who wish to voluntarily pay dues and become a Member may do so by providing written consent to join the Association. The Association is responsible for collecting such written consents and providing copies to Human Resources. The University shall commence deductions within the normal payroll cycle following receipt.

2.6.6. The University shall include a dues deduction clause in:

  • 2.6.6.1. all new hire employment contracts for Staff as defined in subsection 2.1; and
  • 2.6.6.2. all new Staff employment contracts following existing temporary appointments not including a dues-deduction clause.

2.6.7. A Staff member 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 business days. The Association’s decision to grant or refuse the exception shall be final.

2.6.8. Where an exception to paying Association dues has been granted by the Association, an amount equivalent to the Association 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, as set out in a written direction signed by the Staff member, to be obtained by the Association and provided to Human Resources so as to form part of their employment file.

2.6.9. The Association shall advise the University in writing of the amount of its dues and shall provide the University with at least one month's written notice of any change to such amounts.

2.6.10. 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.

2.6.11. The University shall allow audit of payroll deductions when requested by the Association. The selected auditor shall be mutually acceptable to the University and the Association. The Association shall bear the costs of any such audit.

About subsection 2.6

This section explains how Association dues are set and collected, identifies who must pay dues, outlines the special rules that apply to Legacy Staff, and describes how dues are remitted to the Association.

Here's what you need to know:

  • The University deducts Association dues directly from the pay of staff represented by the Association and sends those funds to the Association. Dues are set by the UWSA Board of Directors.
  • Legacy Staff (staff hired before October 26, 2022) are not required to pay dues unless they sign a new staff employment contract (following a temporary contract), or voluntarily choose to join the Association and pay dues.
  • Dues are tax-deductible. The amount you pay in dues will be reported by the University on your T4 each year. (For 2026, only dues paid after the MoA comes into effect will be reported on T4s, so you will still receive a statement from us for your 2026 dues up until that point.)
  • Staff with a sincere religious objection to paying Association dues can apply for an exemption. If approved, an equivalent amount is still deducted from their pay, but it is donated to an agreed-upon registered Canadian charity instead of being sent to the Association.

Section 3 – Correspondence and Information

Subsection 3.1.1.

3.1.1. 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. Information sharing under this Article is subject to applicable privacy law and University policy.

About 3.1.1

To effectively represent staff and administer the MoA, the Association and the University sometimes need to share information. This section requires both parties to handle that information responsibly and in accordance with privacy requirements.

Subsection 3.1.2.

3.1.2. The University agrees to facilitate communication about employment related matters in a timely manner to Staff who do not pay dues.

About 3.1.2

The UWSA represents all staff covered by the MoA, including those who are not Association members. This section helps ensure that all staff receive timely information about employment-related matters that affect their work and employment. Recent examples include communication about our compensation settlement and notice of a survey about the Staff Excellence Fund, which is part of total compensation for all staff.

Subsection 3.1.3 – Info UW shares with us

3.1.3. The University undertakes to provide the following information to the Association in a timely manner:

  • 3.1.3.1. any changes to standard Staff employment contract language;
  • 3.1.3.2. a monthly list of all Staff who paid dues in the previous month, including name, USG job grade, position, department, employee type, time type, userid, employee ID, email, hire date, continuous service date, Association dues paid, and contract end date; 
  • 3.1.3.3. a monthly update giving the same data as in 3.1.3.2, noting the following changes in the previous month, for Staff who have paid or are expected to pay dues:
    • 3.1.3.3.1. new Staff hired,
    • 3.1.3.3.2. Staff with changes in employment status, 
    • 3.1.3.3.3. Staff who change positions or USG job grade,
    • 3.1.3.3.4. Staff who are newly or no longer excluded under subsection 2.1.3; 
  • 3.1.3.4. any new or revised guidelines related to staff employment or working conditions, including engagement with the Association; and
  • 3.1.3.5. such other information as the Parties agree to from time to time, including ad hoc reports of anonymized data for all Staff. 

About 3.1.3

To effectively represent staff, we need accurate and up-to-date information. This section requires the University to provide workforce data that helps the Association communicate with and support members, understand who we represent and how staff positions are changing over time. 

We receive regular reports about staff who pay dues (remember: subsection 3.1.2 requires UW to facilitate communication with staff not paying dues), and can also request anonymized data about all staff, which can help inform salary negotiations and other advocacy work.

The University also has to keep us informed about changes to contract language and workplace guidelines that affect staff. Depending on the guidelines, we may simply review proposed changes or conduct broader consultations to gather staff feedback. Knowing what is in contracts helps us provide better support and spot potential issues before they affect staff.

Subsection 3.1.4 – UWSA info shared with UW

3.1.4. The Association undertakes to provide the following information to the University in a timely manner:

  • 3.1.4.1. a copy of any public communication that relies on University-supplied data or affects operations to all Members prior to distribution;
  • 3.1.4.2. an up-to-date copy of the Association's By-laws within one month of their revision;
  • 3.1.4.3. an up-to-date list of the Association's Board of Directors and Officers within one month of any changes; and
  • 3.1.4.4. such other information as the Parties agree from time to time.

About 3.1.4

This section outlines the information we are required to share with the University. This includes keeping the University informed about our governing documents, elected leadership, and public communications that rely on University data or could affect University operations. Like the University's information-sharing obligations, these requirements help ensure transparency and support a productive working relationship.

Section 5 – Memorandum of Agreement and Policies

Subsection 5.2 – Policy Application and Changes

Revised: 5.2.1. Where there are differences between this Agreement and any S,Policy other than a Class S or FS Policy, the provisions of this Agreement shall be reviewedprevail.

New: 5.2.2. Where there are differences between this Agreement and any S or FS Policy at the date this Agreement comes into effect, the provisions of this Agreement shall prevail, and the Parties agree to revise the existing Policies to harmonize them with this Agreement.

New: 5.2.4. When Policies other than Class S or FS Policies are developed or updated, and where such Policies may reasonably be expected to relate to Staff working conditions, the University agrees to notify the Association.

New: 5.2.6. For clarity, a “difference” does not exist, within the meaning of subsection 5.2.1 or 5.2.2, between this Agreement and a Policy, solely because a Policy grants rights to only certain categories of Staff or because certain categories of Staff are excluded from the operation of, or have more limited rights under, such Policy. The Parties acknowledge the definition of Staff in this Agreement is distinct from the definitions of “staff” used in other University Policies and this fact does not constitute a difference between this Agreement and such Policies.

What's changed in 5.2

We added language to ensure that the MoA—voted on by members—prevails over policy. This ensures that negotiated terms are enforceable and not subject to policy. It also means that new or updated policies will need to comply with the MoA, or we’ll need to agree to update the MoA to concur with policy changes.

5.2.4 ensures that we’re notified of any changes to policies that could affect staff. Note that many such policies—any class S or FS policies—can’t change without our involvement anyway, but this ensures we’re up-to-date on changes to any others.

5.2.6 means that eligibility in policies is not affected by the definition of staff in the MoA. This protects staff in excluded roles and ensures they're still eligible for all the rights and protections afforded by policies.

Subsection 5.3 – MoA Application and Changes

Revised: 5.3.5. If the proposed change is deemed by the co-chairsPresident of the SRCAssociation and the CHRO to be minor, approval of the change by the SRC is solely required for it to take effect. The Secretariat will provide guidance on the extent of the change.

What's changed in 5.3

We replaced “co-chairs of SRC” with the titles of those roles (CHRO and UWSA president) for clarity. 

Section 6 – Discipline

Subsection 6.1.1

Revised: The University shall follow Policy 18 – Staff Employment for all matters of discipline or performance management development.

What's changed

We changed “performance management” to “performance development” to reflect the current—and more empowering—usage across the institution.

Subsection 6.1.2

Revised: In all matters of performance improvement, including discipline coaching or progressive discipline, Staff are entitled and should be encouraged to seek assistance from the Association. In matters of discipline or progressive discipline, 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.

What's changed

We’ve updated and simplified the language to better align with Policy 18 and clarify our role in supporting staff members.

Please note that only staff paying UWSA dues can access our support, as it constitutes a significant portion of our budget, but you do not need to be a Voting Member to get this support. 

All staff—including those excluded from the MoA—have the right to support from any University of Waterloo colleague under Policy 18.

Section 7 - Grievances

Subsection 7.1 – General

New: 7.1.1. This section establishes procedures for the resolution of disputes concerning the interpretation, application, administration, or alleged violation of this Agreement or University policies, procedures, or guidelines affecting Staff terms and conditions of employment. 

Unchanged: 7.1.2. 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.

New: 7.1.3. There are two distinct grievance processes:

  • 7.1.3.1. Individual and Group Grievances, governed by University Policy 36 (Dispute Resolution for University Support Staff) or, where applicable, the formal complaint process under University Policy 33 (Ethical Behaviour).
  • 7.1.3.2. Association Grievances, governed exclusively by the procedures set out in this Agreement.

New: 7.1.4. An Individual Grievance is a grievance filed by a single Staff member concerning matters that affect that Staff member’s own terms and conditions of employment.
New: 7.1.5. A Group Grievance is a grievance filed jointly by two or more Staff members where the same issue affects them in a similar manner.
New: 7.1.6. An Association Grievance is a grievance filed by the Association concerning any of the following:

  • 7.1.6.1. Alleged violation, misinterpretation, misapplication, or improper administration of this Agreement or University policies that affects Staff terms and conditions of employment;
  • 7.1.6.2. Matters of general interpretation or systemic impact, or issues likely to recur; and,
  • 7.1.6.3. Matters concerning the rights, obligations, or functioning of the Association under this Agreement or University policy.

New: 7.1.7. An Association Grievance shall not normally include matters that are properly the subject of an Individual Staff grievance. However, the Association may file the matter as an Association Grievance where it directly affects the Association’s rights or obligations under this Agreement, or where an issue arising from a single Staff member raises issues of interpretation, application, systemic impact, or likely recurrence.

Unchanged: 7.1.8. 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.

What's changed in 7.1

This has been updated to clarify what qualifies as a grievance, the types of grievances, and the relevant processes for each type.

In particular, we’ve added a definition of an association grievance. Unlike in a unionized environment, individual staff at Waterloo have the right to file complaints and grievances themselves without going through the UWSA.

But now the Staff Association can also file grievances when, for example, an issue affects staff more broadly, when we notice a recurring or systemic problem, or when there’s a concern about the interpretation of the MoA itself.

Subsection 7.2 – Individual and Group Grievances (Policies 33 and 36)

Moved: 7.2.1. 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.

Revised: 7.2.2 Staff should are encouraged to first present a discuss any potential grievance orally and informally with their immediate supervisor or other appropriate administrator at the lowest administrative level having the authority to dispose of it address the issue, at the earliest opportunity, with a view of resolving the matter promptly and at a departmental level.

Moved: 7.2.3. 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 Office 

Moved/Revised: 7.2.4. Formal Individual and Group grievances shall be filed, processed, and resolved exclusively through Policy 36 or Policy 33, as applicable. Staff choosing to proceed with a formal grievance shall follow either Policy 33 - Ethical Behaviour or Policy 36 - Dispute Resolution for University Support Staff.

New: 7.2.5. These policies remain fully operative and are not displaced, restricted, or modified by this Agreement. 

What's changed in 7.2

The original Section 7 has have been streamlined to: 

  • Reduce duplicated language; 

  • Emphasize the UWSA's role in supporting staff through both formal and informal processes. 

Please note that only staff paying UWSA dues can access support from us, as it constitutes a significant portion of our budget, but you do not need to be a Voting Member.

However, all staff—including those excluded from the MoA—have the right to support from any staff colleague under Policy 36. We have agreement with the University to extend Policy 36 eligibility to staff on temporary appointments ("contract staff") and this will be completed soon.

Subsection 7.3 – Association Grievances

This is an entirely new section.

While the 2022 MoA introduced the possibility for the UWSA to file grievances, there hasn’t been a clear process for institution-level grievances. This new section outlines such a process, including binding third-party arbitration if we aren’t able to come to a mutually satisfactory resolution with the University.

  • The process begins with an informal stage, where the UWSA brings the issue to the appropriate administrator, and an issue may be discussed at Staff Relations Committee. We expect many concerns will be addressed at this stage, as they are now.
  • If we don’t agree on a solution informally, we can proceed through two formal stages, in which we would bring the issue to first the Chief Human Resources Officer, and then the VP Admin & Finance.
  • If we don’t agree on a resolution after both of those stages, then we can progress to mediation-arbitration, which is outlined in the new Section 9.
Subsection 7.3 Association Grievances — Full text

7.3.1 Association grievances shall be authorized by the Board of Directors of the Association and shall be presented by the Association President (or their delegate). The Respondent to an Association Grievance shall be the University.

7.3.2. Association Grievances may be filed on any matter defined as an Association Grievance under subsections 7.1.6 and 7.1.7.

7.3.3. The processing of an Association Grievance shall follow up to four stages: Informal Resolution, Formal Grievance Step 1, Formal Grievance Step 2, and mediation-arbitration, as outlined in this Section and Section 9.

  • 7.3.3.1 Nothing in this Section prevents the Parties from resolving an Association grievance at any stage of the process, including during the informal stage. A settlement reached and signed at any stage of the grievance process shall be recorded in writing and signed by the Association President and the University decision maker responsible for that stage. Once signed, the settlement is binding on both Parties and resolves the grievance in accordance with its terms. Any ambiguity in a settlement shall be interpreted in a manner that best gives effect to the Parties’ expressed intentions.

7.3.4. The Parties may, by mutual written agreement, waive any step in the Association grievance process or extend any time limits set out in this Section. Any agreement to bypass steps shall not prejudice the Association’s access to mediation-arbitration or affect the timelines for referral unless otherwise mutually agreed in writing.

  • 7.3.4.1. Notwithstanding the foregoing, no grievance shall be defeated by technical defects or minor procedural irregularities or inadvertent delay where there is no prejudice.
  • 7.3.4.2. Except as provided above, where a grievance is not advanced within the prescribed time limits, it shall be deemed to be withdrawn.

7.3.5. Informal Resolution Stage

  • 7.3.5.1. The Association should first discuss any potential Association grievance orally and informally at the lowest administrative level having the authority to address the issue. Where mutually agreeable, the Association and the University may bring the matter to the SRC, in an attempt to settle the issue(s) informally. 
  • 7.3.5.2. Engagement in informal resolution processes shall not prejudice the Association’s ability to proceed with formally. The use of informal resolution processes shall not, without the written consent of the Association President and the CHRO or their delegate, extend the time limits for initiating a formal Association grievance.

7.3.6. Formal Grievance – Step 1

  • 7.3.6.1. Within twenty (20) business days from the date of the event giving rise to the grievance, or from the date on which the Association knew or reasonably ought to have known of the event, whichever is later, the Association may submit a formal Association grievance to the CHRO or their delegate. The grievance shall be signed by the Association President, and shall include:
    • the date the grievance is presented;
    • a description of the matters in dispute;
    • the policies or sections alleged to have been violated; and
    • the remedy sought.
  • 7.3.6.2. The CHRO or their delegate shall meet with the Association within ten (10) business days of receipt of the grievance and shall make reasonable efforts to resolve the grievance.
  • 7.3.6.3. If the grievance is not resolved, the CHRO or their delegate shall issue a written decision, including reasons, within the following ten (10) business days. Failure to issue a timely decision shall be deemed a denial of the grievance.

7.3.7. Formal Grievance – Step 2

  • 7.3.7.1. If the grievance is not resolved at Step 1, the Association may submit the grievance in writing to the Vice-President, Administration and Finance (VPAF) or their delegate within ten (10) business days of receipt of the Step 1 decision.
  • 7.3.7.2. The VPAF or their delegate shall meet with the Association within ten (10) business days of receipt of the grievance, unless the Parties agree otherwise, and they shall make reasonable efforts to resolve the grievance.
  • 7.3.7.3. If the grievance is not resolved, the VPAF or their delegate shall issue a written decision, including reasons, within the following ten (10) business days. Failure to issue a timely decision shall be deemed a denial of the grievance.

7.3.8. Formal Grievance – Mediation-Arbitration

  • 7.3.8.1. The Association may refer an Association Grievance to mediation-arbitration after Step 2 of the formal grievance process, or earlier by mutual agreement of the Association and the University, in accordance with Section 9 of this Agreement.
  • 7.3.8.2. A referral under this section must be made within ten (10) business days of the Association’s receipt of the applicable decision or expiry of the applicable timeline.

Section 8 - Compensation Negotiations

An overview of Section 8 – Compensation Negotiations

This section was wholly replaced with a new process for determining changes to staff compensation, including negotiations, mediation, and arbitration. It replaces the Provost's Advisory Committee on Staff Compensation and parts of Policy 5 – Salary Administration, University Support Staff, which will be updated after ratification to account for the MoA changes.

This section also establishes the core components of our new negotiation framework, including factors that must be considered and (at least) two types of increases that will be applied to base salaries: an across-the-board increase for all eligible staff, and an equity adjustment for salaries below job value.

Subsection 8.1 – General

8.1.1. This Section replaces and supersedes prior advisory or consultative mechanisms related to staff compensation; the Provost’s Advisory Committee on Staff Compensation (PACSC) is dissolved and Policy 5 is amended, accordingly. 

8.1.2. The scope of negotiations (the “Compensation Negotiations”) under this Section is limited to (a) the annual Salary Range Adjustment in subsection 8.2.1; (b) the annual Compensation Envelope to be allocated to salary adjustments in Section 8.3.11; and (c) other compensation-related policies and practices listed in Section 8.5. 

What 8.1 means

8.1.1 means that Policy 5 will be updated by the Staff Relations Committee to align with the Memorandum of Agreement. Specifically, we expect to change any references to the Provost's Advisory Committee on Staff Compensation and anything that conflicts with or is made redundant by the MoA.

8.1.2. specifies that our formal negotiations will focus on compensation items as detailed in the MoA.

Subsection 8.2 – Salary Range Adjustment

8.2.1. The University and the Association will use the annual change in the Canada Consumer Price Index (CPI) as a starting figure for the discussion of the annual Salary Range Adjustment. The magnitude of the Salary Range Adjustment is also influenced by other economic factors, relevant salary trends, and by the University’s financial position. Salary Range Adjustments, expressed as a percentage change, apply each 1 May. For clarity, this percentage increase shall not apply directly to individual Staff salaries. 

  • 8.2.1.1. The salary ranges consist of USG job grades. Each USG job grade corresponds with a salary range, composed of a minimum (80%), a job value (100%), and a maximum (120%). 
  • 8.2.1.2. Each Staff position is assigned a USG job grade through an evaluation of the position’s required skill, effort, responsibility, and working conditions. For clarity, market pay and employee performance are not factors in evaluating a position’s USG job grade.

What 8.2 means

The Salary Range Adjustment is the yearly increase to the job value and pay range for each USG grade. It affects the structure of the salary ranges, not your individual salary—that comes later through the other parts of the process.

The list of factors in this section isn’t a formula we have to follow. Instead, it ensures that key economic indicators and financial considerations are on the table during negotiations and are considered by a mediator‑arbitrator if we reach that stage. This protects staff by making sure the discussion is balanced and grounded in evidence, without locking us into any one factor.

Similarly, documenting how salary ranges and job grades work simply makes these pieces clearer and ensures consistency if a dispute ever goes to arbitration. It also strengthens our ability to uphold the principles of how jobs are evaluated.

8.3 – Compensation Envelope

8.3.1. The University and the Association shall establish, for each fiscal year, an annual Compensation Envelope expressed as a percentage of total base salaries for eligible Staff. The envelope shall not be less than the annual Salary Range Adjustment, but any additional amounts shall be subject to the University’s financial position. The Compensation Envelope shall be allocated in accordance with the methodology set out below.

About the Compensation Envelope

The “compensation envelope” is an amount of money—a certain percentage of all staff salaries—that we will negotiate and that will then be allocated to three components:

  • Across-the-Board Increase: A base salary increase for all eligible staff. 
  • Individual Equity Adjustment: An additional increase for salaries that are below job value.
  • Flexible Increase Pool: A third ‘bucket’ of money that we can negotiate a use for in any given year, such as to address specific circumstances, giving us flexibility in negotiations.

Note that: 

  • These three components can’t all be maximized in every settlement; they will need to be balanced in negotiations to add up to the total envelope.
  • The compensation envelope cannot be less than the increase to the salary ranges, which will help us to ensure that staff salaries are not structurally left behind as the salary ranges increase.
  • Manager discretion is not a factor in either the Across-the-Board Increase or the Equity Adjustment. 

Including this level of detail in the MoA provides a consistent and transparent structure for how staff salary increases are decided, and sets clear parameters if we proceed to mediation or arbitration.

8.3.1.1 – The Across-the-Board Increase & eligibility

8.3.1.1 A defined portion of the annual Compensation Envelope (the “Across-the-Board (ATB) Increase”) shall be applied as a percentage increase to the base salary of all eligible Staff on May 1. The ATB Increase shall be applied uniformly (calculated on the April 30 base salary) and shall not be subject to managerial discretion.

  • 8.3.1.1.1 To be eligible for the ATB increase, Staff must:
    a) have been employed prior to January 1; and
    b) be employed in an indefinite-term position without an end date (including those who have transitioned temporarily from an indefinite-term position to a temporary appointment or secondment), or be employed in a definite-term position of 3 years or more. 
  • 8.3.1.1.2 An ATB Increase shall not apply to Staff whose employment commenced on or after January 1 or to those employed on contracts of less than 1 year. For clarity, Staff employed prior to January 1 in an ineligible position, but who transition to an eligible position after January 1, shall also not be eligible for an ATB Increase that year. 

Eligibility

To be eligible for the increases, staff need to have been employed in an ongoing role, or on a contract* of at least three years, since January 1 (so, for at least four months as of the salary increase date of May 1). This reflects recent practice for salary increases. 

This MoA now makes it clear that staff who’ve temporarily moved from an ongoing position to a short-term contract still receive the annual increases.  

*Please note that this means a current contract duration of at least three years, not successive contracts totalling three years.

Subsection 8.3.1.2 – Equity Adjustments

8.3.1.2. A defined portion of the annual Compensation Envelope (the “Equity Pool”) shall be used to address internal salary equity and market alignment relative to job values through an Individual Equity Adjustment on May 1.

  • 8.3.1.2.1. To be eligible for an Individual Equity Adjustment, Staff must: (a) meet the criteria outlined in subsection 8.3.1.1.1; and (b) have a base salary on April 30 which is under the May 1 job value. 
  • 8.3.1.2.2. Individual Equity Adjustments shall be applied to eligible Staff through the following central calculation and shall not be subject to managerial discretion:  
    • a) Equity Weights shall be calculated by the University using the formula: 
      Equity Weight = (April 30 Job Value – April 30 Base Salary) / April 30 Job Value)
    • b) Where the Equity Weight produces a negative value, the Equity Weight shall be deemed to be zero for the purpose of calculating Individual Equity Adjustments.    
    • c) The total Equity Pool shall be distributed proportionally among eligible Staff with positive Equity Weights, according to the formula: 
      Individual Equity Adjustment = (Individual Equity Weight / Sum of All Positive Equity Weights) x Total Equity Pool
  • 8.3.1.2.3. To ensure the orderly administration of Individual Equity Adjustments, requests for job evaluation (reclassifications or career path advancement) received between January 1 to April 30 shall be deemed received on May 1. Requests received prior to January 1 will be processed normally. 
     

How the Equity Adjustments work

The Equity Pool is used to move staff members’ salaries closer to job value. Staff who are below job value and meet the general eligibility criteria (in 8.3.1.1.1) receive an Individual Equity Adjustment.

The amount each eligible person gets is calculated centrally and proportionally, based on how far their salary is below their job value. Managers can’t change or influence these amounts—the formulas determine everything automatically. Learn more about the formulas in our FAQ.

What 8.3.1.2.3 means

This means that requests for job evaluation will be held until May 1, so that any resulting salary increases will use the new (higher!) numbers. This is already supposed to happen, but has been inconsistent and not well documented.

This means that job evaluation requests received between January 1 and April 30 will be held until May 1, so any resulting salary changes are calculated using the new (and typically higher) ranges. This approach isn’t new, but it hasn’t always been applied consistently. By including it in the MoA, we’re making the practice clear and predictable going forward.

Subsection 8.3.1.3 – The Flexible Increase Pool

8.3.1.3. A defined portion of the annual Compensation Envelope (the “Flexible Increase Pool”) shall be distributed to base salaries or as one-time lump-sum payments on May 1. The purpose of the Flexible Increase Pool is, for example, to support appropriate progression within established salary ranges, recognize sustained contribution and development in positions, and address pay positioning relative to the applicable salary range.

About the Flexible Increase

Again, this is a third ‘bucket’ of money that we can negotiate a use for in any given year, giving us flexibility in negotiations. It can be applied differentially based on factors specified in the Memorandum of Settlement.

Subsection 8.3.2

8.3.2. Where a base salary, as a result of the allocation of increases from the Compensation Envelope, would exceed 120% of the salary range for their position’s USG job grade, the base salary shall be capped at 120%. Any portion of the adjustment that would otherwise result in the base salary exceeding 120% shall instead be paid as a one-time lump sum payment and shall not be added to the employee’s base salary for the purpose of calculating future salary adjustments or pensionable earnings.

Increases beyond 120% of the USG range

This clause ensures that, if your increase would bring your salary above 120% of your USG range, you still get the full dollar amount of the increase that year. Your base salary is increased up to the 120% amount and the rest is paid as a lump sum.

Note that this refers to staff whose salaries are high in their range, not necessarily high overall.

Subsections 8.3.3–8.3.5 – Effective dates

8.3.3. The allocation of increases to base salary resulting from implementation of the Compensation Envelope will be applied effective May 1 for those who are actively employed (including those on a fully/partially paid leave of absence, but excluding those with Long Term Disability employment status on May 1). For those on an unpaid leave (including those with Long Term Disability employment status on May 1), the increase shall be applied upon return from leave.

8.3.4. For any otherwise eligible Staff employee whose employment ceases, if the effective date of the salary increase(s) noted in subsection 8.3.3 falls after the applicable notice period under the Employment Standards Act, 2000, as amended from time to time, the employee shall not be entitled to the increase.

8.3.5. The University shall be solely responsible for the administration and payment of salary increases to eligible Staff within the annual Compensation Envelope distribution framework. Salary increases shall be effective May 1 but time required for administration and application may result in retroactive payments.

About the effective dates

If you are actively employed, including on a paid leave, or receiving severance payments, the effective date of your salary increase is May 1. If you are on an unpaid leave (including LTD) and not receiving paycheques from the University, your increase takes effect as soon as you’re being paid again.

If a settlement is delayed, or the University isn’t able to process increases by the May pay date, they will still be effective May 1, and you will receive retroactive pay, even if you are no longer employed at UW when they do process the increases.

All of this reflects current practice and employment law, but documenting it in the MoA makes things clearer and more predictable for staff.

Subsection 8.4 – Increases for temporary appointments

8.4. Staff employed prior to January 1 in a position with a contract of less than 3 years but more than 1 year may be eligible for the ATB Increase on May 1, subject to satisfactory performance and the affordability of such an increase to their department. If applicable, the department will initiate the ATB Increase through a request to Human Resources.

Introducing contract staff increases

This clause introduces the possibility of salary increases between contract renewals for temporary staff—something that hasn’t been available before. The exact process still needs to be worked out with the University, and we’ll be engaging directly with contract staff as we do that. We’ll keep everyone updated as the details come together over the coming months.

Subsection 8.5 – Other compensation-related changes

8.5. The University and the Association may propose changes to compensation-related University Policies or practices. If the proposed changes are quantifiable in nature but not approved through Policy changes or the applicable University Committee, the negotiated amount shall be awarded through an addition to a future annual Compensation Envelope, the timing of which shall be subject to the University’s financial position.

  • 8.5.1. Compensation-related University Policies and practices means the following: 
    • Policy 5 – Salary Administration, University Support Staff (S)
    • Policy 6 – Vacation – Staff (S) 
    • Policy 16 – Overtime, University Support Staff (S)   
    • Policy 39 – Leaves of Absence for Staff Members (S)  
    • Staff Excellence Fund (SEF)
    • Vacation Exchange Program
    • Group Benefits Program plan design provisions and/or payroll deductions/contributions
    • Any other mutually-agreed upon compensation-related University Policies and practices 
       

Negotiating policy and other changes

In addition to salary increases, we can also negotiate changes to compensation-related policies and practices, including the policies listed in 8.5.1.

In some cases, such changes would need to go through a committee for approval, such as an increase to benefits going to the Pension and Benefits Committee since they’re responsible for making decisions about our benefits plan. If the change isn’t approved at the committee for some reason, we wouldn’t lose the value of that negotiated benefit—that value would be added to the next settlement.

Subsection 8.6 Memorandum of Settlement

8.6.1. The outcome of each cycle of compensation negotiations is a Memorandum of Settlement, which shall be subject to approval by the applicable University Committee.

8.6.2. The Memorandum of Settlement shall be for one year, two years, or three years. In the absence of agreement between the Parties on a longer period, the Memorandum of Settlement shall be for one year. The years in the Memorandum of Settlement shall begin on May 1 and end on April 30, coincident with the salary year

8.6.3. Each Memorandum of Settlement shall specify the following:

  • 8.6.3.1. The annual Salary Range Adjustment expressed as a percentage change each May 1.
  • 8.6.3.2. The annual Compensation Envelope expressed as a percentage of total base salaries for eligible Staff and the defined portion of that envelope allocated to each of the following categories:
    • ATB Increase
    • Equity Pool   
    • Flexible Increase Pool 
  • 8.6.3.3. Any factors that enable the Flexible Increase Pool to be distributed on a differentiated basis across eligible Staff.
  • 8.6.3.4. Proposed changes to compensation-related University Policies or practices, if applicable. 

8.6.4. Other terms and conditions of employment remain governed by individual employment agreements, University Policies, and this Agreement.
 

The Memorandum of Settlement

This subsection explains what needs to be captured in each Memorandum of Settlement (MoS). Some things to note in this section:

  • That the MoS is “subject to approval” is effectively a formality to make things official. 
  • Having settlements that last one to three years is consistent with other employee groups on campus, and standard across the sector. 
  • Specifying when the year starts and ends in the settlement ensures that salary increases are effective each May 1.
     

Subsection 8.7 Timelines

8.7.1. By the August 15 immediately preceding the expiry date of the Memorandum of Settlement, each Party shall inform the other of the names of its Chief Negotiator and the other two members of its Negotiating Team.

8.7.2. Negotiations shall commence as soon as can be arranged by the two Chief Negotiators, and at the latest by October 1. The Chief Negotiator and at least one other member of each Negotiating Team shall be present at each negotiation session.

8.7.3. By mutual agreement, the Parties may alter any of the dates specified in this section.

8.7.4. The Parties agree to negotiate in good faith and to make every reasonable effort to reach an agreement. If the Parties reach agreement, a Memorandum of Settlement shall be prepared and signed by the Chief Negotiators and at least one other member of each Negotiating Team.

8.7.5. If the Parties have not reached agreement by December 1, the Parties will proceed to mediation in accordance with Section 9 of this Agreement.
 

Negotiation timelines

This subsection lays out the timeline for negotiations beginning October 1, with a December 1 deadline for reaching a settlement before we move to mediation under Section 9. The timeline is modelled on FAUW’s, but better suited to our annual cycles, and designed to ensure plenty of notice to staff of the increases in advance of May 1. See our FAQ for details of how our negotiating team will be selected.

2026 negotiations

While the timeline will be different, we will be able to exercise our new negotiation rights in the MoA this year. Negotiations are scheduled to begin immediately following ratification of the MoA. We anticipate reaching a settlement by May 1.

Section 9 - Mediation-Arbitration

This is another completely new section. It sets out a combined mediation-arbitration process to be used for both Association Grievances (subsection 7.3) and Compensation Negotiations (Section 8). In mediation-arbitration, the same person serves as mediator and arbitrator, which can save time and money, compared to having separate mediators and arbitrators. All mediator-arbitrators are external to the University.

Subsection 9.1

9.1.1. This Section establishes the mediation-arbitration process applicable to Association Grievances under Section 7.3 and unresolved issues from Compensation Negotiations under Section 8 of this Agreement.  

9.1.2. The Parties shall maintain a roster of mutually agreed upon mediator-arbitrators (“the Roster”). The Roster shall be used for the applicable processes under Section 7.3 and Section 8 of this Agreement, where applicable, unless the Parties mutually agree to make additions or amendments. 

9.1.3. The Parties shall begin the process of establishing the Roster of at least three (3) mediator-arbitrators by the June 1 prior to Compensation Negotiations. The Parties shall review and update the Roster each time the Agreement is opened for Compensation Negotiations. All individuals on the Roster must be external to the University and acceptable to both the Association and the University.

9.1.4. Upon referral to mediation-arbitration, the Parties shall attempt to agree on a mediator-arbitrator from the Roster within ten (10) business days. If the Parties do not select a mediator-arbitrator by mutual agreement within the ten (10) business days, a mediator-arbitrator shall be selected at random from the Roster until one is available to serve. 
 

What 9.1 means

Maintaining a roster of mediator-arbitrators means we can move more quickly to engage their services when a mediator is needed. The compensation negotiation cycle will prompt us to update the roster, but it can also be amended at any time if needed. Everyone in the roster is external to the University and the UWSA and UW must both agree on the list.

Importantly, this section notes that only the unresolved issues from Compensation Negotiations would progress to mediation-arbitration, which means that if we’ve agreed on some elements of the Memorandum of Settlement, we don’t need to spend time on them in mediation-arbitration (or risk losing them in arbitration).

Subsection 9.2 – Procedural Authority and Governing Principles 

9.2.1. Subject to the duty of procedural fairness, the mediator-arbitrator shall have the authority to determine their own procedure, including the manner in which evidence is presented, the format of the proceedings (in person, virtual, or hybrid), and the timelines for written submissions. The mediator-arbitrator may issue procedural directions to ensure a fair, efficient, and timely process. 

9.2.2. Settlement discussions, proposals, and admissions made during mediation shall be without prejudice and inadmissible in arbitration or any other proceeding, except where required by law or mutually agreed in writing. The mediator-arbitrator shall not reference such communications in any arbitration award. 

What 9.2 means

The mediatorarbitrator can set their own procedures—as long as the process remains fair—including how evidence is presented and how the hearing is run. This subsection also confirms that anything said during mediation stays confidential and cannot be used in arbitration, unless required by law or agreed to by both parties, which is standard practice.

Subsection 9.3 – Mediation Stage

9.3.1. For all matters referred to mediation-arbitration, the mediator-arbitrator shall first attempt to facilitate a mutually acceptable resolution through mediation.  

9.3.2. Mediation Timelines for Compensation Negotiations under Section 8:

  • 9.3.2.1. Mediation shall commence no later than January 15. 
  • 9.3.2.2. Mediation shall terminate by the earliest of February 15, the date on which an agreement is reached, or the date on which either the mediator-arbitrator or both Parties decide that further mediation would not be useful.
     

What 9.3 means

Recall that Section 8 – Compensation Negotiations specifies that negotiations must begin by October 1, and we will ideally have a settlement by December 1.

This section continues the timeline in the event we don't reach agreement by December 1 and proceed to mediation-arbitration. Mediation must begin by January 15, with a February 15 deadline. This means that, even if we proceed to mediation-arbitration, we should still have a Memorandum of Settlement by February or early March, well in advance of any salary changes coming into effect on May 1.

Subsection 9.4 – Arbitration Stage

9.4.1. If mediation does not resolve all matters in dispute, the mediator-arbitrator shall proceed to arbitration. The mediator-arbitrator shall have full authority to determine the outcome of all matters properly before them and is not limited to selecting between the Parties’ proposals. 

9.4.2. The mediator-arbitrator shall issue a written award within thirty (30) calendar days of the close of the hearing or the receipt of final written submissions, whichever is later, unless the Parties mutually agree to extend this deadline.  

9.4.3. In rendering an award for addressing unresolved issues from Compensation Negotiations under Section 8, the mediator-arbitrator shall consider: 

  • 9.4.3.1. The University’s financial position and long-term fiscal sustainability; and 
  • 9.4.3.2. Economic indicators, including the annual change in the Canada Consumer Price Index and relevant salary trends. 

9.4.4. The mediator-arbitrator shall have the authority to adjudicate all matters in dispute and shall have jurisdiction to issue such remedies as are fair and reasonable in the circumstances, consistent with this Agreement.  

9.4.5. The mediator-arbitrator shall not have the authority to alter, amend, or add to the terms of this Agreement, nor render an award inconsistent therewith. However, the mediator-arbitrator may interpret ambiguous or conflicting terms or policies where necessary to resolve the grievance under subsection 7.3 or the unresolved issues from Compensation Negotiations under Section 8. 

9.4.6. For Association Grievances brought under subsection 7.3, the mediator-arbitrator may award any remedy that is just and reasonable in the circumstances, including declaratory relief, orders for compliance, and monetary compensation. The mediator-arbitrator shall not award punitive or exemplary damages. 

9.4.7. The mediator-arbitrator shall retain jurisdiction for sixty (60) calendar days following issuance of a mediated settlement or award for the sole purpose of resolving disputes concerning its interpretation, implementation, or calculation, unless extended by mutual agreement. 

9.4.8. The Parties shall share equally the mediator-arbitrator’s fees and expenses. The costs of presenting a case shall be borne by the respective Parties to the mediation-arbitration. Where the mediator-arbitrator determines that one Party acted in bad faith, the mediator-arbitrator may award costs.  

9.4.9. The University shall provide suitable meeting or hearing space on campus. 

What 9.4 means

The important piece here is 9.4.1, which specifies that, if we reach the arbitration stage, the mediator-arbitrator “is not limited to selecting between the Parties’ proposals,” which means they can craft a solution from each party’s proposals rather than being restricted to picking one complete package or the other. This encourages more balanced outcomes instead of an all‑or‑nothing result.

The rest of section 9.4 outlines how the mediator‑arbitrator conducts the process: They must issue a written award within a set timeline, consider financial and economic factors when deciding compensation matters, and may issue any fair remedy so long as it is consistent with the MoA. It also sets limits on their authority, allows them to retain jurisdiction for follow‑up questions, and clarifies how fees, costs, and potential bad‑faith findings are handled.

The costs of mediation‑arbitration are shared between the University and UWSA, which is why Board authorization is required to ensure decisions are made carefully and with staff interests in mind. Association‑level grievances are expected to be rare, as most issues will be resolved informally, but access to arbitration is the important safeguard. Note that 9.4 applies only to association‑level grievances, not individual grievances. 

Section 10 – Pension and Benefits

Subsections 10.1, 10.2 & 10.3

10.1 The University of Waterloo has a common pension plan for all eligible employees, including eligible Staff.

10.2 The University of Waterloo has a group benefits program for all eligible employees, including eligible Staff.

10.3 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.

What's changed

This section has been renumbered from 9 to 10.

In response to concerns from members, we've tried to make it clearer that both the pension plan and the group benefits program are ongoing commitments from the University for all eligible staff. Eligibility is determined by Policy 23 – Eligibility for Pension and Insured Benefits.

The existing item 9.2 has been renumbered to 10.3.