Agreement: Basic Agreement

2023 Basic Agreement

Between

Simon Fraser University

And

Administrative and Professional Staff Association

The Basic Agreement for Collective Bargaining and Consultation between SIMON FRASER UNIVERSITY and THE SIMON FRASER UNIVERSITY ADMINISTRATIVE AND PROFESSIONAL STAFF ASSOCIATION

1. DEFINITIONS 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
3. 1. Purpose
      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.
   2. Intent
      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 Agreement to promote harmonious relations and settled conditions of employment.
   3. APSA as a Society
      The University hereby recognizes the Simon Fraser University Administrative and Professional Staff Association as a Society incorporated under the Societies Act of British Columbia.
   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. 
   5. No Other Agreement
      The University shall not, after the date of accepting the Basic Agreement, enter into agreement with any individual Association Group Member or group of members of the Association Group which supersedes, amends, or contravenes the terms of the Basic Agreement.
   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
4. 1. 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.
   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 14.8% of the total number of employees in the Association Group.
   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.”
   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.
   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.
   6. List of Association Group Members
      The Association will provide the University with a list of Association Group 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 the Indigenous identity, race, colour, ancestry, place of origin, political belief, religion, marital status, family status [except to avoid supervision of one family member by another], physical or mental disability, sex, sexual orientation, gender identity or expression, or age of that person or because that person has been convicted of a criminal or summary conviction offence that is unrelated to the employment or to the intended employment of that person 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
6. 1. Governance
      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.

6. CORRESPONDENCE
   All correspondence passing between the University and the Association out of the Basic Agreement, or incidental thereto, shall be addressed to the Director, Labour and Employee Relations and the Executive Director of the Association, except for matters for which the Director, Labour and Employee Relations or the Executive Director of the Association have made written delegation.

7. ASSOCIATION RELATIONS

7.1 Office Space
The University in recognizing A.P.S.A. will provide A.P.S.A. with office space and other generally available services at cost.

7.2 APSA Advocacy and Committee Duties
Association Group Members who have roles in advocacy for APSA, or on SFU/APSA committees or APSA negotiations support may request time off from their regular duties and shall not incur loss of pay while engaged in meetings in those roles. The request shall not be unreasonably denied. 

8. NEGOTIATION ON COMPENSATION MATTERS
9. 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:
10. 1. 1. maintain a harmonious working relationship and to achieve a mutually acceptable negotiated settlement of total compensation, including annual salaries, pensions and economic benefits; and
11. 1. 2. 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.
    2. Negotiators
       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.
12. 3. Mediators/Arbitrators
       The parties agree to the following process for the selection of a mediator or arbitrator, as may be required in accordance with Article 8.7, as follows:
       1. The person on the list at Appendix B having the earliest availability of at least 2 consecutive business days, provided those 2 days are no later than 60 calendar days from the commencement of negotiations;
       2. If none of the listed persons at Appendix B is available under #1 above, then the parties will select by mutual agreement a meditator or arbitrator not on the list and who is available for 2 business days no later than 60 calendar days from the commencement of negotiations; and
       3. Failing agreement under #2 above, the parties shall make a joint request of the Chair of the Mediation Division of the Labour Relations Board who shall make the appointment.
          The parties agree to use the same person for both mediation and arbitration.
13. 4. Exchange of Agendas and Proposals
       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 their negotiating agenda containing the details of those major items 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 parties shall commence negotiations. Comprehensive proposals shall be exchanged on the first day of negotiations.  Additional items may be introduced subsequently by mutual agreement. All existing compensation provisions, including but not limited to existing salary scales, pension plans, leave provisions and other economic benefits, shall remain in force until such time as they are amended in accordance with a negotiated renewal agreement or the award of an arbitrator.
14. 5. Period of Negotiation
       During the thirty calendar days following the exchange of proposals, 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.
15. 6. Ratification and Approval
       When a tentative agreement has been reached between the parties’ Negotiators, the tentative 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 tentative agreement, or the Board fails to approve it, the negotiations may, by agreement of the parties, be resumed for a further period up to two-weeks before proceeding to impasse resolution in accordance with Article 8.7.
16. 7. Impasse Resolution
       The parties desire to reach a negotiated settlement and will make every effort to do so.
17. 1. 1. During the period of negotiation, should the parties determine that they cannot reach agreement without assistance, they may agree to call on a mediator in accordance with Article 8.3
18. 1. 2. 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:
19. 1. 1. 1. 1. 1. 1. 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);
          2. 1. 1. 4. within twenty-one calendar days of the submission of the Positions of Record to the arbitrator, the arbitrator 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;
          3. 1. 1. 5. within twenty-eight calendar days of the submission of the Positions of Record to the arbitrator, the arbitrator shall select either the position of APSA or the University;
          4. 1. 1. 6. the award of the arbitrator shall be binding on the Board of Governors and the Association;
          5. 1. 1. 7. the arbitrator is not required to state reasons for the award.
          3. Each party shall pay one-half of the fees and expenses of any mediator or arbitrator called upon to act under this agreement.
          4. 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
   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 9.2 and 9.3 below.

1. 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 AD10 policies 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.
2. 3. Consultation on New Policy Development
      The 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 9.2 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.

10. GRIEVANCES
11. 1. Definition
       A grievance is a dispute concerning the interpretation, application, or alleged violation of this Agreement.
12. 2. Scope
13. 1. 1. Grievances under this Agreement may be presented only by the Association or the University, subject to 10.2(b), and only where:
14. 1. 1. 1. provisions of this Agreement directly affecting the Association or the University are at issue; or
          2. the issue directly affects the rights of the Association Group or the University.
15. 1. 2. 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 10-17 (Problem Solving). Where any dispute or issue may be dealt with in accordance with that Policy (AD 10-17) the dispute or issue must be resolved pursuant thereto and the grievance procedure described herein shall not apply.
16. 3. Grievance Processing
17. 1. 1. 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 Executive Director, Human Resources and Labour Relations or designate.
18. 1. 2. If not resolved within five (5) working days following submission to the Executive Director, Human Resources and Labour Relations or designate, the grievance shall be submitted, in writing, to the Vice President, People, Equity and Inclusion, with a copy to the Executive Director, Human Resources and Labour Relations or designate. The Vice President, People, Equity and Inclusion, shall respond to the Association, in writing, within fifteen (15) working days.
19. 1. 3. 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.
20. 4. Grievance Arbitration
       
       1. 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 and the remedy sought. 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.
       2. The arbitrator shall be selected in accordance with Article 8.3. The arbitrator shall be governed by the Arbitration Act of B.C.
       3. The arbitrator shall not be empowered to add to, subtract from, alter or amend the Agreement in any way.
       4. 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 their 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.
       5. 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
12. 1. Statement of Interpretation
       During the life of this Agreement, statements signed jointly by the President of the University or by their designate and the President of the Association or by their 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.
13. 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 expire on December 31, 2025. 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.
    Should the parties determine that they cannot reach agreement without assistance, at the written request of either party, the parties together shall select a mediation officer in accordance with Article 8.3. At such time as the mediation officer is named:
    1. all unresolved items save those deleted by mutual agreement shall be submitted to the mediation officer;
    2. the mediation officer shall
14. 1. where further direct negotiation would be meaningful, direct the parties to resume negotiation, without third-party assistance, for such period of time as the officer deems appropriate;
    2. where third-party assistance is necessary to resolve a bargaining impasse, attempt to mediate a resolution; and
    3. only after (i) and (ii) above have been exhausted without resolution, make recommendations for settlement which recommendations shall not be binding upon the parties and shall be submitted to the Association Group for ratification and the Board of Governors for approval.
15. each party shall pay one-half (1/2) of the fees and expenses of any mediation officer called upon to act under this Agreement.

By the signatures given below the parties agree to enter into force the foregoing. Dated this September 23, 2024

APPENDIX A: LIST OF EXCLUDED POSITIONS AS AT JULY 19, 2024

APPENDIX B: LIST OF MEDIATORS / ARBITRATORS

Ken Saunders

Chris Sullivan

Allison Matecheskie