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HomeMy WebLinkAboutUnion 94-09-01IN THE MATTER of a Union Policy Grievance dated June 21, 1993 concerning Article 11.01 J BETWEEN: HUMBER COLLEGE - and - OPSEU, and its Local 562 WHEREAS: 1. This grievance arises out of the Union's concern respecting the College's failure to notify the Union and to notify the Union in a timely fashion where a Full-time Professor agrees to work overtime. 2. Emergency unplanned overtime in the context of this agreement is defined as overtime.in excess of the limits in Article 11.01J voluntarily accepted by a teacher, in circumstances where: (i) a teacher is unable to perform his/her assigned workload owing to sudden illness, disability, or other urgent personal reasons; (ii) No teacher or teachers can be assigned the absent teacher's workload without exceeding Article 11.01J. It is understood that emergency unplanned overtime to replace a teachers would terminate at the end of the teaching period in which the emergency arose. 3. Both parties agree firstly, the College has a primary obligation to ensure that the academic needs of students are met and that where emergency unplanned overtime is used to meet such obligations in excess of the limits in 11.01 (J) of the Collective Agreement, the College will follow the procedure outlined in 4(b). 4.The parties agree to settle the Union's grievance as follows: (a) The Co!lege will forward SWF's showing planned overtime to the Union in a timely fashion as per Article 11.01J(3). (b) The parties agree that in the process to be followed by the College where emergency unplanned overtime is required, the College will not normally be obliged to amend the Professor's SWF, and will follow the process below: (i) Where the voluntary overtime agreement would result in overtime in excess of the limits set under Article 11.01J, the following will apply. The Academic Administrator responsible in each School or Division will advise the Union of the events by the giving rise to the situation and describe the activities undertaken College to attempt to resolve the issue; B. the Academic Administrator will request to exceed the limits - outlined in Article 1 1 .01 J; C. the Union President will respond as soon as possible and practicable. (iii) The College will provide to the Union copies of all the Human Resource Information Notice forms of emergency overtime worked on each division as they are submitted; (iii) In the case where the College pays for overtime which does not exceed the overtime limits set out in Article 11 01 (J), but which arises in an emergency situation which was unplanned, the parties agree that the College need not amend SWF's to reflect such overtime provided that the College provides to the Union copies of the Human Resource Information Notice forms retire such overtime as they are submitted. 4. The parties agree that this process shall remain in effect until the overtime provisions set out in Article 11 of the Collective Agreement are changed, or until the parties agree otherwise. 6. On the basis of the foregoing, the grievance is withdrawn. DATED at IVI) April, 1994. IN THE MATTER OF A UNION POLICY GRIEVANCE AND IN THE MATTER OF THE ARBITRATION OF THE GRIEVANCE GRIEVANCE DEPARTMENT BETWEEN: HUMBER COLLEGE OF APPLIED ARTS AND TECHNOLOGY - AND - ONTARIO PUBLIC SERVICE EMPLOYEES UNION UPON THE PARTIES' AGREEMENT AND REQUEST, THE BOARD OF ARBITRATION HEREBY ISSUES AN ORDER IN THE TERMS OF THE ATTACHED MEMORANDUM OF SETTLEMENT. DATED AT TORONTO THIS DAY OF SEPTEMBER 1994.