HomeMy WebLinkAboutUnion 94-09-29 IN THE MA'I-I'ER of a Union Policy Grievance
dated June 21, 1993 concerning Article 11.01 O
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 exceedidg Article 11.01J.
- ::2 -
It is understood that emergency unplanned overtime to replace a teacher
would terminate at the end of the~eaching 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 College 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:
A. The Academic Administrator responsible in each School or
Division will advise theJ~Union~of the events giving rise to the
situation and describe the activities undertaken by the
'College to attempt to resolve the issue;
B. the Academic Administrator will request to exceed the limits
outlined in Article 11.01J;
C. thej~Union President er de3ignate will respond as soon as
'poSsible and practicable.
(ii) The College will provide to the Unio~copies of all the Human
Resource Information Notice forms rclating'~o emergency overtime
worked~in 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 ~=~ 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 relating to such
overtimelk,as they are submitted.
5. 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.
RECEIVED
IN THE MATTER OF a union policy grievance 0CT '0 5 199,4
AND IN THE MATYER 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 thi:O~'~ay of September 1994.
a.\¢ l!van