Common use of Union Rights and Recognition Clause in Contracts

Union Rights and Recognition. 2.01 The Employer recognizes the Union as the sole bargaining agent for teaching faculty employed by the Employer except those excluded by the Code. 2.02 As a condition of employment each Teacher shall become and remain a member of the Union as of the date this Agreement is ratified or, in the case of Teachers hired after this Agreement is ratified, within 15 days worked cumulative from the date of hire. 2.03 The Employer agrees to provide new Teachers (Employees) with an application for membership and an assignment of wages to the Union (to be provided by the Union), authorizing the Employer to deduct the applicable Union dues (or equivalent), initiation fees and assessments from the Teacher’s pay. As a condition of employment, the Teacher shall return a signed copy to the Employer, which the Employer will forward to the Union. The Employer agrees to deduct Union initiation fees, dues and assessments from the wages of each Teacher and to forward the monies so deducted to the Union, once monthly, together with a list of Teachers with the amount deducted. The Employer agrees that payment will be forwarded to the Union no later than twenty (20) days following the month for which the deductions have been made. 2.04 The Union agrees to inform the Employer in writing of all such initiation fees, dues and assessments. 2.05 The Union shall indemnify and save harmless the Employer, including its agents and Teachers, from any and all claims and actions brought by a Teacher arising out of or in any way related to the deductions made in accordance with this Article. 2.06 The Employer shall provide all new Teachers hired into the Bargaining Unit with a current list of Union representatives, a letter from the Union and a copy of this Agreement. 2.07 The Employer recognizes the Union’s right to select up to a maximum of five (5) stewards to represent the Teachers in the Bargaining Unit. The Union agrees to provide the Employer with a list of stewards and to advise the Employer of any changes to the list of stewards that may occur from time to time. 2.08 The Employer and the Union agree that the Union representative(s) will conduct their duties outside working hours to the greatest extent possible. However, acknowledging that there may be times when that is not practical or possible, time without loss of pay will be granted to the Union representative(s) when meeting with the Employer or its representatives on matters concerning the application or administration of this Agreement, provided the regular operations of the school will not be affected. 2.09 Only elected officers, appointed representatives or stewards are allowed to represent the Union. 2.10 The Employer agrees that there shall be no discrimination, interference, restriction or coercion exercised or practiced with respect to any Teacher for reason of membership in the Union. 2.11 The Employer agrees to allow the Union exclusive use of a bulletin board to be located in the staff lunch room at each of the Vancouver and Victoria campuses for the sole purpose of posting notices and letters pertaining to Union business. The bulletin board will be provided by the Union. 2.12 The Employer will supply a fridge and microwave oven near the staff room at each of the campuses. 2.13 Subject to operational requirements, the Union may request of the Employer use of space for meetings with Teachers during regular business hours. On a cost recovery basis, the Employer will also allow the Union access to a photocopier. 2.14 The Employer will grant leave of absence without pay to a maximum of two (2) Teachers at any one time, who are elected or appointed as Union Representatives to attend Union meetings, seminars or workshops in order that they may carry out their duties on behalf of the Union, provided that five (5) working days advance written notice is provided to the Employer, and provided that such absences will not affect the regular operation of the schools. The Employer will grant leave of absence without pay to a maximum of four (4) Teachers at any one time, who are elected or appointed as Union Representatives to attend Union meetings, seminars or workshops in order that they may carry out their duties on behalf of the Union, provided that ten (10) working days advance written notice is provided to the Employer and provided that such absences will not affect the regular operation of the schools. In any event, a maximum of two (2) Teachers from any one campus may be released at any one time. The Employer will not deduct pay for Teachers granted Union leave without pay. The Employer will invoice the Union for the replacement cost of the Teacher(s) on Union leave. If the Employer has not invoiced the Union within one (1) year of the Union leave, the Union will consider the invoice stale dated and will not reimburse the Employer. 2.15 Work normally and regularly performed by Teachers shall not be performed by non- bargaining unit members. 2.16 Notwithstanding Article 2.15, the Employer shall have the right to contract out work normally and regularly performed by Teachers if such contracting out does not directly result in any layoffs of Teachers. The Employer shall not contract out bargaining unit work if such contracting out directly results in any layoffs unless it has the agreement of the Union. Such agreement shall not be unreasonably withheld. 2.17 Notwithstanding Article 2.15, the parties agree that the: a. Academic Manager; b. Academic Director; and c. Campus Director are excluded employees of the Employer but may perform bargaining unit work, provided that a. it is not done on an ongoing basis; b. the Employer has first made reasonable efforts to offer the bargaining unit work to Teachers on call; and c. no Teachers on call are able to perform the bargaining unit work. 2.18 The Employer will maintain a single personnel file and no other file will be kept, except for payroll records. Personnel files and payroll/benefit records will be kept confidential in accordance with applicable legislation and arbitral jurisprudence. On reasonable notice, and subject to law, a Teacher is entitled to review and/or be given copies of material contained in their personnel file. A Teacher may also authorize the Union to receive a copy of their personnel file. 2.19 Each January, April, July and October, the Employer will provide to the Union an updated Teachers’ list containing the following information: Name Campus Classification Wage Rate Date of Hire Contact information such as address, phone number and email The parties agree that the information contained in the list shall not be publicly disclosed or posted. The Employer agrees to provide the information by the last day of each month listed above.

Union Rights and Recognition. 2.01 The Employer recognizes the Union as the sole bargaining agent for teaching faculty at the Vancouver (▇▇▇▇▇▇), Surrey and Victoria Campuses employed by the Employer except those excluded by the Code. 2.02 As a condition of employment each Teacher shall become and remain a member of the Union as of the date this Agreement is ratified or, in the case of Teachers hired after this Agreement is ratified, within 15 days worked cumulative from the date of hire. 2.03 The Employer agrees to provide new Teachers (Employees) with an application for membership and an assignment of wages to the Union (to be provided by the Union), authorizing the Employer to deduct the applicable Union dues (or equivalent), initiation fees and assessments from the Teacher’s pay. As a condition of employment, the Teacher shall return a signed copy to the Employer, which the Employer will forward to the Union. The Employer agrees to deduct Union initiation fees, dues and assessments from the wages of each Teacher and to forward the monies so deducted to the Union, once monthly, together with a list of Teachers with the amount deducted. The Employer agrees that payment will be forwarded to the Union no later than twenty (20) days following the month for which the deductions have been made. 2.04 The Union agrees to inform the Employer in writing of all such initiation fees, dues and assessments. 2.05 The Union shall indemnify and save harmless the Employer, including its agents and Teachers, from any and all claims and actions brought by a Teacher arising out of or in any way related to the deductions made in accordance with this Article. 2.06 The Employer shall provide all new Teachers hired into the Bargaining Unit with a current list of Union representatives, a letter from the Union and a copy of this Agreement. 2.07 The Employer recognizes the Union’s right to select up to a maximum of five (5) stewards to represent the Teachers in the Bargaining Unit. The Union agrees to provide the Employer with a list of stewards and to advise the Employer of any changes to the list of stewards that may occur from time to time. 2.08 The Employer and the Union agree that the Union representative(s) will conduct their duties outside working hours to the greatest extent possible. However, acknowledging that there may be times when that is not practical or possible, time without loss of pay will be granted to the Union representative(s) when meeting with the Employer or its representatives on matters concerning the application or administration of this Agreement, provided the regular operations of the school will not be affected. 2.09 Only elected officers, appointed representatives or stewards are allowed to represent the Union. 2.10 The Employer agrees that there shall be no discrimination, interference, restriction or coercion exercised or practiced with respect to any Teacher for reason of membership in the Union. 2.11 The Employer agrees to allow the Union exclusive use of a bulletin board to be located in the staff lunch room at each of the Vancouver ▇▇▇▇▇▇, Surrey and Victoria campuses for the sole purpose of posting notices and letters pertaining to Union business. The bulletin board will be provided by the Union. 2.12 The Employer will supply a fridge and microwave oven near in the staff room at each of the ▇▇▇▇▇▇, Surrey and Victoria campuses. 2.13 Subject to operational requirements, the Union may request of the Employer use of space for meetings with Teachers during regular business hours. On a cost recovery basis, the Employer will also allow the Union access to a photocopier. 2.14 The Employer will grant leave of absence without pay to a maximum of two (2) Teachers at any one time, who are elected or appointed as Union Representatives to attend Union meetings, seminars or workshops in order that they may carry out their duties on behalf of the Union, provided that five (5) working days advance written notice is provided to the Employer, and provided that such absences will not affect the regular operation of the schools. The Employer will grant leave of absence without pay to a maximum of four (4) Teachers at any one time, who are elected or appointed as Union Representatives to attend Union meetings, seminars or workshops in order that they may carry out their duties on behalf of the Union, provided that ten fourteen (1014) working days advance written notice is provided to the Employer and provided that such absences will not affect the regular operation of the schools. In any event, a maximum of two (2) Teachers from any one campus may be released at any one time. The Employer will not deduct pay for Teachers granted Union leave without pay. The Employer will invoice the Union for the replacement cost of the Teacher(s) on Union leave. If the Employer has not invoiced the Union within one (1) year of the Union leave, the Union will consider the invoice stale dated and will not reimburse the Employer. 2.15 Work normally and regularly performed by Teachers shall not be performed by non- bargaining unit members. 2.16 Notwithstanding Article 2.15, the Employer shall have the right to contract out work normally and regularly performed by Teachers if such contracting out does not directly result in any layoffs of Teachers. The Employer shall not contract out bargaining unit work if such contracting out directly results in any layoffs unless it has the agreement of the Union. Such agreement shall not be unreasonably withheld. 2.17 Notwithstanding Article 2.15, the parties agree that the: a. Academic Manager; b. Academic Director; and c. Campus Director are excluded employees of the Employer but may perform bargaining unit work, provided that a. it is not done on an ongoing basis; b. the Employer has first made reasonable efforts to offer the bargaining unit work to Teachers on call; and c. no Teachers on call are able to perform the bargaining unit work. 2.18 The Employer will maintain a single personnel file and no other file will be kept, except for payroll records. Personnel files and payroll/benefit records will be kept confidential in accordance with applicable legislation and arbitral jurisprudence. On reasonable notice, and subject to law, a Teacher is entitled to review and/or be given copies of material contained in their personnel file. A Teacher may also authorize the Union to receive a copy of their personnel file. 2.19 Each January, April, July and October, the Employer will provide to the Union an updated Teachers’ list containing the following information: Name Campus Classification Wage Rate Date of Hire Contact information such as address, phone number and email The parties agree that the information contained in the list shall not be publicly disclosed or posted. The Employer agrees to provide the information by the last day of each month listed above.two