News        CA 101: Understanding the Collective Agreement

Let's face it...

...the Collective Agreement can be hard to understand. Considering that it is one of the most important documents governing your relationship with Concordia, we felt it would be useful to provide a beginner's guide to some of the most commonly misunderstood sections. This is a work in progress, so please check back in the future for more entries. In the meantime, enjoy what's here, and if there's something you'd like to see covered please don't hesitate to let us know!


Here are the topics that have been covered so far:

Subcontracting
Technological and Administrative changes


Subcontracting (Article 19)

Written March, 2008

There have been rumors circulating around the University about subcontracting and many questions raised about what the Union can do to counteract it. Article 19 of the CUPEU collective agreement states that:

  1. The granting of contracts, subcontracts, total or partial separation, transfers, or any other form of arrangement must not cause a lay-off, a demotion or a reduction of working hours for the employees governed by the collective agreement.
  2. In no case may the tasks of an abolished position be the subject of a subcontract, total or partial separation, transfer, or any other form of arrangement.
  3. The University will favor the creation of new positions rather than subcontract work of the classes of positions governed by the present agreement.

Article 19 does not say that the University cannot use subcontracting. It says that no subcontracting can result in a CUPEU member losing their position, being demoted or seeing their work hours diminished.

For example, a department may decide to hire a company to accomplish some tasks but if this decision doesn't affect any members, then there is very little the Union can grieve. That said, if you feel that a case of subcontracting, whether it is overt or covert, has affected you or someone around you, don't hesitate to contact us to discuss it so that we can see if it represents a breach of the collective agreement.

CUPEU recognizes that subcontracting, even in 'disguise', can lead to feelings of insecurity and mistrust. Consequently, a subcommittee of the Union Council has been created to look into issues surrounding subcontracting. This committee is chaired by Frank Carriere, VP Special Projects. If you have any questions or comments on the subject of subcontracting, please email them to Frank Carrière.


Technological/Administrative Changes and Major Budgetary Cuts (Article 16)

Written November, 2007

There has been a lot of confusion surrounding the application of Article 16 of the Collective Agreement. This article applies when a number of employees are about to be affected by major changes that can be the results of:

Technological changes such as the introduction of new technology (e.g., the use of scanned documents rather than paper ones)

Administrative changes (e.g., restructuring of a department and modifications to the roles of employees working within it)

Major budgetary cuts (e.g., restructuring and/or reductions in staffing due to cuts in a department or unit's operating budget)

The results of these changes can range from:

  1. The abolishment or creation of positions;
  2. Changes in the requirements for one or more positions;
  3. Changes in the major job responsibilities and/or areas of decision making associated with one or more positions.

The University must give the Union notice of administrative or technological changes three (3) months prior to their implementation so it can:

  1. work with the University to guarantee that the changes are implemented in the most sensitive and transparent manner possible; and
  2. help the affected employees deal with the consequences of the changes

The Union cannot prevent these changes from happening. What the Union can do is make sure that the people affected by the changes are apprised of the changes in advance and in a transparent and sensitive manner and, ultimately, helped in their transition. The Union cannot stop or reverse planned changes nor can it force the University to halt planned changes to professional positions or reinstate a professional employee into a position that has been changed. The Union cannot prevent the University from laying off temporary employees by giving them two weeks notice and paying for outstanding vacations and overtime. The Union can ensure that employees are offered everything they were entitled to receive including training, appropriate tools, and a suitable work environment to perform their new responsibilities and duties.