THE BASIC AGREEMENT
FOR COLLECTIVE BARGAINING AND CONSULTATION
SIMON FRASER UNIVERSITY
THE SIMON FRASER UNIVERSITY
ADMINISTRATIVE AND PROFESSIONAL STAFF ASSOCIATION
Amended by replacing Section 8 Negotiations on compensation matters with Appendix C signed on 14 May, 1993
For the purposes of the Basic Agreement:
* "Agreement" means the Basic Agreement;
* "A.P.S.A." means the Simon Fraser University Administrative and Professional Staff Association;
* "Association Group" means all administrative and professional staff employed by the University except those excluded by Article 3.
* "Association Group Member" means those persons in positions, which, by agreement between the Association and Simon Fraser University are represented by the Association with respect to all matters relating to conditions of employment including salaries and benefits;
* "J.U.A.C." means Joint University Association Committee;
* "Parties" means Simon Fraser University and the Simon Fraser University Administrative and Professional Staff Association; and
* "University" means Simon Fraser University Board of Governors and its authorized officers.
Wherever the singular or masculine is used throughout this Agreement, it shall be deemed to include the plural or feminine or body politic or corporate wherever the context and the parties so require.
2. RECOGNITION OF THE SIMON FRASER UNIVERSITY ADMINISTRATIVE AND PROFESSIONAL STAFF ASSOCIATION
The purpose of the Basic Agreement is to establish, for the administrative and professional staff employed by Simon Fraser University, formal procedures for the determination of compensation matters and administrative/professional personnel policies.
Both parties recognize that this relationship is intended to improve and maintain the efficiency and effectiveness of the University. In recognition of the need for the effective operation of the University, both parties to the Basic Agreement shall cooperate within the spirit and scope of the said Agreement to promote harmonious relations and settled conditions of employment.
2.3 A.P.S.A. as a Society
The University hereby recognizes the Simon Fraser University Administrative and Professional Staff Association as a Society incorporated under the Society Act of British Columbia.
2.4 Sole Representative
The University hereby enters into agreement with and recognizes the Association as the sole representative for all members of the Association Group.
2.5 No Other Agreement
The University shall not, after the date of accepting the Basic Agreement, enter into agreement with any individual member or group of members of the Association Group which supersedes, amends, or contravenes the terms of the Basic Agreement.
2.6 Recognition Cease
Recognition of the Association and maintenance of this Basic Agreement shall cease if the Association obtains certification under the provisions of the Labour Code of British Columbia.
3. ASSOCIATION GROUP
The Association Group shall consist of all administrative/professional employees except those employees represented by other employee groups formally recognized by the University, those employees who have contracts of employment with the University, and those employees who hold the positions listed in Appendix A and who shall be available to represent the University in consultations and negotiations with A.P.S.A.
3.2 Excluded Positions
The University may add to or delete from the excluded positions listed in Appendix A, after consultation with A.P.S.A., but in no case will the number of positions listed in Appendix A exceed 10% of the total number of employees in the Association Group.
3.3 Association Membership and Payment of Dues or Equivalent
All employees who are now, or hereafter become members of the Association Group have the option of becoming members of the Association. Membership in the Association is not a condition of employment.
No member of the Association Group as of December 9, 1982, shall be required to pay dues or the equivalent as a condition of employment. However, it shall be a condition of employment that each member of the Association Group appointed subsequently shall pay dues or the equivalent sum to the Association. An exception shall be made to this latter provision for a person who affirms a conscientious objection to representation by the Association in which case that employee shall pay to a charitable recipient mutually agreed upon by the University, the Association and the employee involved, an amount equivalent to membership dues.
The University shall honour an Association Group member's written assignment of salary to this effect:
"To Simon Fraser University: Until this assignment is revoked by me in writing, I hereby authorize you to deduct from my salary a sum equal to the membership dues in the Administrative and Professional Staff Association, and pay that sum to the Association or to a charitable recipient as provided."
3.4 Income Tax Slips
The University shall include on the T4 Income Tax slips the amount of dues paid by each member of the Association Group in the previous calendar year.
3.5 Association Group List
The University will provide the Association with a list when requested, showing positions in the Association Group. These lists shall indicate the name of the incumbent, the incumbent's position title and the department in which the incumbent is employed.
3.6 List of Association Members
The Association will provide the University with a list of Association members, when requested.
4. NO DISCRIMINATION
The University and the Association agree that decisions concerning the terms and conditions of employment of a bargaining unit member shall be made on the basis of performance and/or performance-related criteria. The University shall not discriminate against any member of the Association because of race, colour, sex, sexual orientation, national origin, creed, marital status and/or family relationship (except to avoid supervision of one family member by another), political or religious affiliation or belief, age (except where mandatory retirement is permitted by law) or membership or non-membership in, or activities on behalf of, the Association or other factors unrelated to the performance of duties.
5. LIMITATION OF THE AGREEMENT
The parties believe that University policies and this Agreement are essentially compatible. However, should conflicts arise between University policies and the express provisions of the Agreement, the latter shall prevail. Nevertheless, nothing in this Agreement shall be taken to limit the powers of Senate, the Board of Governors, the President or other administrative officers as those powers are established in statute, except to the extent required to implement the impasse resolution provision.
All correspondence passing between the University and the Association out of the Basic Agreement, or incidental thereto, shall be addressed to the Director of Human Resources and the President of the Association, except for matters for which the Director of Human Resources or the President of the Association have made written delegation.
7. ASSOCIATION RELATIONS
The University in recognizing A.P.S.A. will provide A.P.S.A. with office space and other generally available services at cost.
8. NEGOTIATIONS ON COMPENSATION MATTERS
8.1 Items for Negotiation and Statement of Intent
Annual general salary increases, pensions and other generally available economic benefits for administrative and professional employees in the Association Group shall be determined in accordance with the procedures outlined in this Article. The provisions of this Agreement reflect the mutual commitment of the parties to:
(a) maintain a harmonious working relationship and to achieve a mutually acceptable negotiated settlement of total compensation, including annual salaries, pensions and economic benefits; and
(b) seek a negotiated settlement consistent with the need to maintain the quality of the administrative and professional staff, the need to provide fair compensation for members of the bargaining unit, and the need to maintain and to develop the quality of education.
Not later than October 15 of the salary year (July 1 - June 30) in which an agreement on salaries and economic benefits for the bargaining unit is to expire, each of the parties shall select not less than three (3) and not more than five (5) negotiators to bargain a new agreement on salaries and economic benefits and shall forward to the other party the names of its negotiators. Negotiators for each party may utilize the services of such consultants and resource persons as they see fit. Negotiators shall not suffer loss of salary while in attendance at negotiation sessions.
Between October 15 and October 31 the parties shall endeavour to agree on a list of three people who may be asked to act as a mediator and a list of three people who may be asked to act as an arbitrator in the event of an impasse in negotiations. If no agreement is reached by October 31, the Associate Chair, (Mediation Division) Labour Relations Board of British Columbia shall be asked to name three people to act as mediator and three people to act as arbitrator. Only if all of the mediators on these lists are unavailable, shall the parties mutually agree to appoint another individual as mediator. Only if all of the arbitrators on these lists are unavailable, shall the parties mutually agree to appoint another individual as arbitrator.
8.4 Exchange of Agendas
If either party wishes to negotiate major items such as discontinuation or major revision of a salary scale or substantial restructuring of one or more economic benefits it will provide the other party with details by October 1 so that the implications can be more fully studied before negotiations commence.
Within twenty-one working days of the receipt of the provincial government allocation letter, the Association and the University shall deliver to each other notice of their positions on the items on which agreement is sought. Additional items may be introduced subsequently by mutual agreement. The provisions of existing salary scales, pension plans, leave provisions and other economic benefits which have not been specifically referred to in the notice from either party or introduced subsequently by mutual agreement shall remain in force for the ensuing salary year commencing July 1 or for the term of the negotiated agreement on salaries and economic benefits should that be longer than one year.
8.5 Period of Negotiation
During the thirty calendar days following the exchange of items on which agreement is sought, the parties shall bargain in good faith and make every reasonable effort to reach an agreement. Negotiations on salaries and economic benefits may not commence until agreement on the previous year's salaries and economic benefits has been concluded.
8.6 Ratification and Approval
When an agreement has been reached the agreement shall be referred to the Association Group for ratification and to the Board of Governors for approval. The approval procedures for both parties shall be concluded within thirty (30) days of the day of completion of negotiations. In the event that the Association Group fails to ratify the agreement or the Board fails to approve it, the negotiations may, by agreement of the parties, be resumed for a further two-week period.
8.7 Impasse Resolution
The parties desire to reach a negotiated settlement and will make every effort to do so.
(a) During the period of negotiation, should the parties determine that they cannot reach agreement without assistance, they may agree to call on a mediator from the list mentioned in 8.3. In the event that the parties cannot agree on a specific mediator, the mediator shall be selected by lot.
(b) In the event that the negotiators do not reach a settlement on all of the items for negotiation during thirty calendar days, or if the negotiators fail to reach a revised settlement after reconvening under 8.6, the following procedure shall apply:
i) within seven calendar days the parties shall meet and each shall deliver to the other a written statement of its Position of Record with respect to all unresolved items in negotiations. The statement shall also list any of the items for negotiation which the negotiators had resolved prior to the cessation of negotiations and these items shall form part of the Position of Record of each party. Thereafter, neither party may alter its Position of Record except by mutual agreement;
ii) the negotiators shall move immediately to appoint an arbitrator by mutual agreement from the list of arbitrators or mediators mentioned in 8.3 and in the event that the parties cannot agree on a specific arbitrator, the arbitrator shall be selected by lot from the list of arbitrators mentioned in 8.3;
iii) within seven calendar days of the date on which an arbitrator has been determined, each party shall deliver to the arbitrator the written statement of its Position of Record referred to in 8.7(b) i);
iv) within twenty-one calendar days of the submission of the Positions of Record to the arbitrator, he/she shall hold one or more hearings with the negotiators, giving each party opportunity to make presentations using a format determined by the arbitrator in consultation with the parties;
v) within twenty-eight calendar days of the submission of the Positions of Record to the arbitrator he/she shall select either the position of APSA or the University;
vi) the award of the arbitrator shall be binding on the Board of Governors and the Association;
vii) the arbitrator is not required to state reasons for the award.
c) Each party shall pay one half of the fees and expenses of any mediator or arbitrator called upon to act under this agreement.
d) In the event that any of the dates and timelines specified above cannot be met due to circumstances beyond the control of the parties, the dates and timelines may be adjusted by mutual consent.
9. NEGOTIATION ON OTHER MATTERS
9.1 Joint University/Association Committee
A Joint University/Association Committee (J.U.A.C.) composed of persons authorized to represent the University and persons authorized to represent the Association shall meet at the request of either party to discuss and attempt to resolve such matters of mutual concern as may arise. These matters will include any changes to the policies listed in 8.2 and 8.3 below.
9.2 No Unilateral Change on Existing Administrative and Professional Policies
The University agrees that, during the term of this Agreement, it will not change the benefits contained in existing policies (Section AD 9) except by mutual consent of the parties. The University reserves the right to change the language and/or the administrative procedures relative to those policies so long as the monetary and non-monetary benefits conferred remain unaltered.
9.3 Consultation on New Policy Development
Development of new personnel policies affecting members of the Association Group and the development of other University policies on matters materially affecting members of the Association Group which do not fall under 8.2 above, shall be subject to consultation between the parties. If agreement is not reached, it shall remain the right of the University to determine policy.
A grievance is a dispute concerning the interpretation, application, or alleged violation of this Agreement.
(a) Grievances under this Agreement may be presented only by the Association or the University, subject to (b), and only where:
i) provisions of this Agreement directly affecting the Association or the University are at issue; or
ii) the issue directly affects the rights of the Association Group or the University.
(b) The grievance procedure described herein shall not be used to resolve any dispute between individual Association Group members and the University, whether raised by the members of the Association or by the Association on their behalf. Such matters will be resolved pursuant to the procedure contained in Administration Policy AD 9-17 (Problem Solving). Where any dispute or issue may be dealt with in accordance with that Policy (AD 9-17) the dispute or issue must be resolved pursuant thereto and the grievance procedure described herein shall not apply.
10.3 Grievance Processing
(a) A grievance must be submitted in writing within twenty (20) working days after grounds for a grievance are known or ought reasonably to have been known by the Association. The grievance shall be submitted to the Director of Human Resources.
(b) If not resolved within five (5) working days, the grievance shall be submitted, in writing, to the President with a copy to the Director of Human Resources. The President shall respond to the Association, in writing, within fifteen (15) working days.
(c) Grievances may be presented by the University, in writing, to the Association. The Association shall respond to the University, in writing, within fifteen (15) working days.
10.4 Grievance Arbitration
(a) Failing a satisfactory resolution of the grievance in the grievance procedure, either party may, within fifteen (15) working days of receipt of the other party's written decision submit the grievance to binding arbitration. The notice to proceed must contain a description of the grievance, the remedy sought, and the name of the party's nominee for arbitration. The other party shall within five (5) working days of the receipt of such notice similarly provide a summary of its position in the grievance and the name of its nominee.
(b) The arbitrator shall be selected by agreement of the nominees. If the nominees are unable to jointly select an arbitrator, selection shall be made by the Chief Justice of the Supreme Court of B.C. The arbitrator shall be governed by the Arbitration Act of B.C.
(c) The arbitrator shall not be empowered to add to, subtract from, alter or amend the Agreement in any way.
(d) The arbitrator may hear a grievance with a minor technical deficiency (technical deficiency does not include whether or not an issue is arbitrable) if in his/her opinion the objection has been made solely to avoid dealing with a substantive issue. Technical deficiencies which relate to time may be waived by the arbitrator if such deficiencies occur as a result of actions or omissions arising in good faith and no prejudice has been suffered by the other side.
(e) The parties shall be responsible for their respective fees and expenses in the arbitration process and shall share equally the fees and expenses of the arbitrator.
11. STATEMENT OF INTERPRETATION AND AMENDMENTS
11.1 Statement of Interpretation
During the life of this Agreement, statements signed jointly by the President of the University or by his/her designate and the President of the Association or by his/her designate may be issued for the purpose of clarifying or implementing the terms of this Agreement. Such statements shall have the same force as the Agreement.
Such statements may not amend, add to, or subtract from the terms of the original Agreement.
11.2 Amendments to the Agreement
Amendments to this Agreement may be made at any time by agreement of the parties. They shall be subject to the same ratification procedure as the Agreement.
12. RATIFICATION AND ENTRY INTO FORCE OF BASIC AGREEMENT
Upon ratification by the Association Group and approval by the Board of Governors the Agreement shall be signed by the President of the University and by the President of the Association and shall thereupon enter into force.
13. DURATION OF AGREEMENT
This Agreement shall commence on the date of signing and shall extend to December 31, 1992. It shall be automatically renewed annually unless six months in advance of the expiry date either party has given the other written notice of its intention to renegotiate.
By the signatures given below the parties agree to enter into force the foregoing.
Dated this 16th day of July, 1991
For the University For APSA
(signed) W.A. Yule (signed) C.A. Conlin
(signed) W. DeVries (signed) John S. Reed
Assistant to the President/Director, International Cooperation
Executive Director, SFU at Harbour Centre
Director, Human Resources
Director, Financial Services
Director, Analytical Studies
Director, Academic Computing Services
Director, Academic Relations
Director, Facilities Management
Director, Student Services
Assistant Director, Human Resources
Manager, Pensions and Benefits
Confidential Secretary/Supervisor, Personnel (2 positions - job split)
Secretary to the Board/Administrative Assistant to the President, Director of Ceremonies
:jb May 1, 1991
Please refer to Basic Agreement Amendment regarding negotiation on Compensation Matters , the text of which is included above at Section 8