UPDATE SEMINAR ON THE POSTDOCTORAL FELLOW COLLECTIVE AGREEMENT
UPDATE SEMINAR ON THE POSTDOCTORAL FELLOW COLLECTIVE AGREEMENT FOR PRINCIPAL INVESTIGATORS AND DEPARTMENTAL ASSISTANTS FACULTY RELATIONS OFFICE QUEENS UNIVERSITY JANUARY 2015 Introduction and Agenda I. The Collective Agreement: Whos in/Whos Out? II. Hiring (Appointments) III. Total Compensation IV. Time and Labour for Postdoctoral Fellows V. Termination of Employment VI. Reasonable Accommodation of Disability VII. Faculty Relations Office 2
I. Collective Agreement between Queens University and PSAC Local 901 (Unit 2) Current Collective Agreement dates: October 24, 2013 to June 30, 2016 Significance Principal Investigator=Faculty Supervisor Bargaining Unit Member Public Service Alliance of Canada, Local 901 Copy available on Faculty Relations Website at http://queensu.ca/provost/faculty/facultyrelations/Postdoc/C A.html . 3
I. Collective Agreement (continued) Whos in/Whos out? Some obvious exclusions Interpreting Article 2.01 (a) persons who secure their own transferable funding from external grant-funding agencies and for whom this is the sole source of funding 4 II. Hiring (Appointments)
Article 12 and Appendix B (Postdoctoral Fellow Form) All hiring must be in accordance with Article 12 You are not obligated to post positions, but if you do post, there are posting requirements (see 12.02-12.04); there is a posting template on the FRO website Term of appointment: appointments shall not normally be for less than 12 months where funding has been secured Postdoctoral Fellow form must be completed (see Appendix B) Hiring templates Found on the FRO website; the union is to be copied 5 II. Hiring (Appointments) (continued) Probationary period (Article 18) Every new employee will serve a 3 month probationary period (the first 3 full months of active employment)
It is a period of time to evaluate the employees skills and qualifications and to provide the employee with feedback regarding his/her performance and suitability for the appointment Probationary period may be extended for up to an additional 6 weeks; If so, you must provide the employee and the union with 2 weeks notice of this in writing 6 II. Hiring (Appointments) (continued) Term Adjunct teaching - Always a separate QUFA appointment if paid from department
funds. - If teaching is NOT over-and-above Postdoctoral hours, postdoc hrs and FTE should be reduced for teaching. Please contact Faculty Relations compensation unit for standard practice Re-hire letter of appointment? - Strongly recommend both a pared-down new appointment letter and corresponding datasheet. - Require both when compensation is adjusted 7
III. Total Compensation Article 27 and Appendix A (Wages) Salary Minimum (floor) Nov 1 2013 - $31,000 July 1 2014 - $31,543 July 1 2015 - $32,174 ATB increases (centrally processed) July 1 2014 - 1.75% July 1 2015 - 2.00% *** Be sure to include the increased salary in budget projections & re-hire letters *** 8 III. Total Compensation (continued) Can the salary ever drop?
With caution, yes. For example, if a funding reduction necessitates a decrease in salary: o o o o Existing contract has to end Employee notified of revised funding available New appointment terms offered to employee New appointment letter produced for signatures 9 III. Total Compensation (continued) Benefits Dental added July 1 2014
Employer cost estimates for budgets: Employer benefits cost estimation 2015 Single Salary Compulsory employer benefit costs (CPP, EI, WSIB, EHT and PDF grant tax) $ $ 3,331 Family % $ %
Funding vs Salary Having reviewed salary increases and benefit costs, it should be clear that: o Funding salary o Appointment letter should state the annual gross salary, not the amount of the grant funding the fellowship o It takes a grant of approx. $40,000 to support a fellowship at the minimum salary of $32,174 11 III. Total Compensation (continued) External funding implications -
Pre-union: Your fellowship is 100% funded by (fill in the blank) and therefore the University has no financial responsibility for your salary - Today: external funding no responsibility Minimum salaries, across-the-board increases, benefit costs If external grant does not allow for these, other sources of funding will need to be allocated to the fellowship 12 IV. Time and Labour for Postdoctoral Fellows Leave administration for PDFs transitions to HR PeopleSoft effective April 1, 2015
Process for recording time away and overtime through HR PeopleSoft is equivalent to existing processes for other staff The Employment Standards Act requires employers to maintain accurate records of all time worked and time away taken by an employee Collecting of vacation and sick leave balances from departments will begin later this month 13 IV. Time and Labour for Postdoctoral Fellows (continued) Article 13 Hours of Work and Overtime 37.5 hours/week = normal workweek for Fulltime Postdoc (although it is anticipated that weekly hours may be up to 50 hours) Hours worked in excess of 162 and up to 173 in a pay period are paid a straight time Hours worked in excess of 173 are paid as overtime or lieu time at a rate of 1.5 hours for every additional hour worked
Working additional hours (i.e. more than 162 in a pay period) requires the advance written approval of the Faculty Supervisor Article 30 Vacations Vacation entitlement is based on Completed Years of Continuous service at the beginning of the Appointment Year see Art. 30.01 The Employee and Faculty supervisor will make every effort to ensure that full vacation entitlement is scheduled and taken during the appointment year Unused vacation time cannot be carried forward without the express written consent of the Faculty Supervisor Article 31.29 - Sick Leave Up to 6 days of paid sick leave available annually. Unused sick leave may be carried over into the next calendar year 14 V. Termination of Employment Ending employment during the probationary period (Article 18) As their supervisor, it is important to evaluate their work and provide
feedback during the probationary period Communicate clear and reasonable expectations and provide them with the opportunity (time) to meet those expectations Problematic Employees and due diligence Article 18.04: Discharge on Probation you must meet with the employee, offer them the opportunity to bring union representation and provide reasons in writing Employees discharged on probation have no recourse to the grievance or arbitration procedure UNLESS they can demonstrate the dismissal was exercised in a manner that is arbitrary, discriminatory or in bad faith 15 V. Termination of Employment (continued) Ending employment during term of appointment but after probationary period Onus is on the Employer to prove just cause Termination after the probationary period may be grieved
and adjudicated (Employee/Union does not have to establish the dismissal was arbitrary, discriminatory or in bad faith) Requires further performance management regarding their ability to do their job; any misconduct must be monitored and addressed 16 V. Termination of Employment (continued) Discipline, Suspension and Discharge (Article 16) Cannot discipline, suspend or discharge an employee without just cause Progressive discipline; verbal reprimand or written warning should normally precede suspension or discharge The onus is on the Employer to establish it has just cause to terminate the employee (prove that it is justified in dismissing him/her)
Was there misconduct? Can it be proven? Is the nature and degree of the misconduct sufficient to dismiss the employee? 17 VI. Reasonable Accommodation of Disability Ontarios Human Rights Code Disability is but one of a number of specified grounds in employment Employers duty to accommodate disability to the point of undue hardship Who is the employer? Expectations of the party seeking accommodation 18 VI. Reasonable Accommodation of Disability (continued)
Ontarios Human Rights Code (the Code) is the governing legislation The Code prohibits discrimination and harassment on specified grounds. Disability is one such ground Focus on employment; every person has a right to equal treatment with respect to employment without discrimination because of disability Disability is very broadly defined 19 VI. Reasonable Accommodation of Disability (continued) Disability means: (a) any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes
mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device, (b) a condition of mental impairment or a developmental disability, (c) a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language, (d) a mental disorder, or (e) an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997; (handicap) 20 VI. Reasonable Accommodation of Disability (continued) An employee who is disabled has a right to have their disability accommodated; the employer has a corresponding duty to
accommodate disability Reasonable accommodation to the point of undue hardship Reasonable perfect All workplace parties are required to participate in accommodation, including the individual seeking the accommodation Some resources: Return to Work Services ext 77818 Faculty Relations Office 21 VII. Faculty Relations Office Part of the Office of the Provost and Vice-Principal (Academic) Advice and services to the University with respect to academic staff, including faculty, librarians and archivists, adjuncts, clinicians, TAs, TFs, Postdoctoral Fellows, and Senior Academic Administrators
22 VII. Faculty Relations Office (continued) Dan Bradshaw, Associate Vice-Principal (Faculty Relations) 613-533-6000 ext. 77522 Dan McKeown, Associate Director, Faculty Relations 613-533-6000 ext. 78286 Jada McNaughton, Senior Labour Relations Advisor 613-533-6000 ext. 78746 Monica Stewart, Coordinator, Faculty Recruitment and Support 613-533-3167 Ian Bearman, Specialist, Academic Compensation 613-533-6000 ext 78287 Linda Horton, Specialist, Academic Compensation 613-533-6000 ext 74361 Jackie Cleary, Faculty Relations Analyst 613-533-3133
Amanda Curran, Assistant to the Associate Vice-Principal (Faculty Relations) 613-533-6000 ext. 79532 23
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