Framework Agreement

 

The Association of Administrative and Professional Staff (AAPS)

and

The University of British Columbia (UBC)

 



FRAMEWORK AGREEMENT

 



MARCH 3, 1995

AMENDED DECEMBER 1, 2000

 

 

Framework Table of Contents

1.0 VISION

2.0 INTERPRETATIONS

3.0 RECOGNITION

3.1 Purpose

3.2 Voluntary Relationship

3.3 Recognition of AAPS as Bargaining Agent

3.4 Correspondence

4.0 SCOPE OF BARGAINING UNIT AND EXCLUSIONS

5.0 DEDUCTION OF DUES

6.0 PRESERVATION OF RIGHTS AND PRACTICES

7.0 NEGOTIATIONS

7.1 The Nature of the Negotiating Relationship

7.2 Scope of Negotiations

7.3 Information

7.4 Facilitative Interventions

7.4 (A) Mediation Option

7.4.1 (A) General

7.4.2 (A) Selection of Mediator

7.4.3 (A) Submissions to Mediator

7.4.4 (A) Role of Mediator

7.4.5 (A) Recommendations of Mediator

7.4.6 (A) Fees and Expenses of Mediator

7.4.7 (A) Further Meeting

7.4.8 (A) President

7.4 (B) Fact Finder Option

7.4.1 (B) General

7.4.2 (B) Selection of Fact Finder

7.4.3 (B) Submissions to Fact Finder

7.4.4 (B) Role of Fact Finder

7.4.5 (B) Report of Fact Finder

7.4.6 (B) Fees and Expenses of Fact Finder

7.4.7 (B) Further Meeting

7.4.8 (B) President

7.4 (C) Compensation Guideline

7.5 Prohibition of Strikes and Lockouts

7.6 AAPS Representation Rights

7.6.1 Collective Bargaining

7.6.2 Other Representational Situations

7.6.3 AAPS Business

7.7 Grievances and Settlement of Disputes

7.7.1 Interests of Parties

7.7.2 Definition

7.7.3 Informal Approach

7.7.4 Step 1 - Formal Complaint to an Administrative Head of Unit

7.7.5 Step 2 - Formal Complaint to a Vice President/Dean

7.7.6 Pre-Lawyer Entanglement Meeting

7.7.7 Step 3 – Arbitration

7.7.8 Policy Grievances

7.8 Information Sharing and Informal Problem-Solving

8.0 LIMITATION OF AGREEMENT

8.1 Governance

8.2 Amendments to the Framework Agreement

9.0 DURATION AND CONTINUATION OF AGREEMENT

10.0 TERMINATION OF AGREEMENT

MEMORANDUM OF AGREEMENT

LETTER OF AGREEMENT

SCHEDULE A

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1.0 VISION

The University of British Columbia and the Association of Administrative and Professional Staff, having created a common vision of their relationship, will:

Champion the vision together

Realize the vision together

Share the vision together

The key elements of the vision are to:

Develop a climate which values continuous improvement and fosters individual and University growth. 

Include assurance of respect, ethical values and participation. Fulfill the need for meaningful and equitable recognition of the contributions of Management and Professional staff. 

Flourish by integrating the experience of Management and Professional staff into the decision-making processes of the University of British Columbia.

We recognize that focusing on our vision will assist us in addressing differences in a constructive manner.

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2.0 INTERPRETATIONS

For the purpose of this Agreement:

AAPS means the Association of Administrative and Professional Staff of the University of British Columbia.

Consultation between AAPS and the University includes the following steps:

  1. timely provision of sufficient information to allow AAPS to provide informed advice about proposed changes which may potentially affect the AAPS membership or organization;
  2. a reasonable opportunity for AAPS to tender its opinions and advice;
  3. consideration of the opinions and advice of AAPS;
  4. provision of the final decision and a reasonable explanation to AAPS in a timely way.

Parties means the University of British Columbia and the Association of Administrative and Professional Staff.

University means the University of British Columbia.

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3.0 RECOGNITION

3.1 Purpose 

The purpose of this Agreement is to establish a framework for discussing and formally negotiating the terms and conditions of employment of management and professional staff in a manner which exemplifies the vision shared by the University and AAPS.

3.2 Voluntary Relationship

AAPS and the University voluntarily enter into this Agreement.

3.3 Recognition of AAPS as Bargaining Agent

The University recognizes AAPS as the exclusive representative for all members as defined in Section 4.

3.4 Correspondence

All correspondence passing between the University and AAPS is addressed to the Associate Vice President of Human Resources and the President of AAPS, except for matters on which the Associate Vice President of Human Resources or the President of AAPS have made written delegation.

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4.0 SCOPE OF BARGAINING UNIT AND EXCLUSIONS

Association Group Membership

AAPS represents all management and professional employees, except for the following excluded positions:

  1. those employees represented by other employee groups formally recognized by the University;
  2. employees designated as Technicians and Research Assistants and excluded secretarial and clerical staff;
  3. employees excluded based on organizational and conflict of interest considerations not to exceed 5% of the bargaining unit (see Schedule A).

The University agrees to provide written notification to AAPS, with reasons, in the event the University creates positions under paragraph (iii) above or discontinues positions listed on Schedule A.

Each January the University and AAPS shall meet to review the positions listed on Schedule A, together with any changes to it. In the event of disagreement, AAPS shall have the right to have the disagreement resolved in accordance with Article 7.7.

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5.0 DEDUCTION OF DUES

Continuing membership in AAPS shall be a condition of employment for new Management and Professional employees and for members of AAPS. New employees will complete a written dues check-off request upon commencing employment. The University will deduct from the salary of all AAPS members the prevailing dues. The University will forward monthly the collected dues to AAPS together with a list of members from whom AAPS deductions were taken unless requested by a member in writing to direct the dues to a recipient agreed upon annually by AAPS and the University.

6.0 PRESERVATION OF RIGHTS AND PRACTICES

Subject to this Agreement and to the agreement “Terms and Conditions of Employment”, the University agrees not to change the rights or practices relating to members of the bargaining unit that traditionally have been the subject of consultation and discussion without appropriate consultation and discussion with AAPS.

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7.0 NEGOTIATIONS

7.1 The Nature of the Negotiating Relationship

The negotiating relationship will be governed by those principles of a shared vision incorporated in the preamble of this Agreement. The negotiating goals of both parties include reaching an agreement that is wise, efficient and improves, or at least does not damage, the relationship between the parties. The features guiding the conduct of negotiations include:

  • separating the people from the problem,
  • inventing options for mutual gain,
  • focusing on interests and not positions.

7.2 Scope of Negotiations

Items which are subject to negotiation between AAPS and the University include terms and conditions of employment such as salary adjustments, economic benefits (health and welfare benefits), vacation, tuition waivers, discipline, termination of employment, problem resolution mechanisms and procedures for such employment practices as job evaluation/classification and performance evaluation.

7.3 Information

Prior to negotiating on terms and conditions of employment with the University, AAPS may request information from the University it considers relevant, in particular the compensation profile of its membership, salary and benefit comparisons with other major employers and the University’s financial situation. The University will provide such information, subject to privacy and confidentiality constraints, within a reasonable period of time.

7.4 Facilitative Interventions

7.4 (A) Mediation Option

7.4.1 (A) General

The parties desire to achieve a negotiated agreement and negotiate in good faith with one another to do so. Should either party determine after a reasonable period of time that an agreement with respect to compensation matters cannot be achieved without assistance, the mechanism outlined in this section is available to assist the parties in attempting to achieve such an agreement.

7.4.2 (A) Selection of Mediator

At the written request of either party to the other, the parties together select a mediator within ten working days of receipt of the request. No mediator may be called upon to assist the parties in achieving an agreement until after the operating grant of the University has been made known to the University by the provincial government. Should the parties fail to agree upon a mediator within that time period, the Chief Justice of the Supreme Court of British Columbia is requested to make the selection.

7.4.3 (A) Submissions to Mediator

When the mediator is selected, each party prepares a written submission for the mediator. The written submission sets forth the matters between the parties and is submitted to the mediator within ten working days of his/her selection.

7.4.4 (A) Role of Mediator

Within ten working days of the receipt of the submissions, the mediator meets with the parties. At that time the mediator:

7.4.4.1 (A)

where he/she believes that the parties should resume negotiations without his/her assistance, directs them to do so for such a period of time as he/she deems appropriate; or

7.4.4.2 (A)

where he/she believes that his/her assistance is necessary to assist the parties in attempting to resolve the matters, attempts to mediate an agreement.

In the event the parties are unable to achieve an agreement as a result of negotiations pursuant to the mediator’s direction under section 7.4.4.1, the mediator proceeds under section 7.4.4.2.

7.4.5 (A) Recommendations of Mediator

In the event the mediator is not successful in assisting the parties to reach an agreement he/she makes written recommendations to the parties on settlement. The mediator considers the financial position of the University in arriving at his/her recommendations. These recommendations are nonbinding

on the parties. They are submitted to AAPS for ratification and to the University for approval.

7.4.6 (A) Fees and Expenses of Mediator

Each party pays one-half (1/2) of the fees and expenses of the mediator.

7.4.7 (A) Further Meeting

In the event either party does not ratify or approve, as appropriate, the recommendations of the mediator, the parties meet for a further period of time not exceeding ten days, to attempt to reach an agreement. Such period of time does not exceed ten working days.

7.4.8 (A) President

In the event the parties are unable to reach an agreement under section 7.4.7, each party makes a written submission with respect to the matters, including a copy of the recommendations of the mediator, to the President within ten working days of their last communication under that section. The President will recommend for approval a compensation package for members of the bargaining unit to the Board of Governors at the next meeting of the board.

7.4 (B) Fact Finder Option

7.4.1 (B) General

The parties desire to achieve a negotiated agreement and negotiate in good faith with one another to do so. Should either party determine after a reasonable period of time that an agreement with respect to compensation matters cannot be achieved without assistance, the mechanism outlined in this section is available to assist the parties in attempting to achieve such an agreement.

7.4.2 (B) Selection of Fact Finder

At the written request of either party to the other, the parties together select a fact finder. No fact finder may be called upon to assist the parties in achieving an agreement until after the operating grant of the University has been made known to the University by the provincial government. The fact finder is selected by the parties within ten working days of the date of receipt of the written request. Should the parties fail to agree upon a fact finder within that period of time, the Chief Justice of the Supreme Court of British Columbia is requested to make the selection.

7.4.3 (B) Submissions to Fact Finder

When the fact finder is selected, each party prepares a written submission for the fact finder. The written submission sets forth the matters between the parties and is submitted to the fact finder within ten working days of his/her selection.

7.4.4 (B) Role of Fact Finder

Within ten working days of the receipt of the submissions, the fact finder begins to assemble the facts. He/she meets separately with the parties. He/she may meet with any person or may have access to such documents (subject to claims of confidentiality) as he/she may deem appropriate to obtain the facts.

7.4.5 (B) Report of Fact Finder

Within thirty working days of his/her selection, the fact finder makes a written report to the parties on his/her findings of fact. The fact finder comments on the financial position of the University in his/her report.

7.4.6 (B) Fees and Expenses of Fact Finder

Each party pays one-half (1/2) of the fees and expenses of the fact finder.

7.4.7 (B) Further Meeting

Within ten working days of their receipt of the report of the fact finder, the parties meet for a further period of time to attempt to reach an agreement. Such a period of time does not exceed ten working days.

7.4.8 (B) President

In the event the parties are unable to reach an agreement under section 7.4.7, each party makes a written submission, including a copy of the report of the fact finder, to the President within ten working days of their last communication under that section. The President will recommend for approval a compensation package for members of the bargaining unit to the Board of Governors at the next meeting of the Board.

7.4 (C) Compensation Guideline

The purpose of the compensation guideline is to attract and retain qualified individuals in the management and professional staff complement at a reasonable cost. The compensation guideline is that the University will, over time and within the limits of its financial position, endeavour to establish a compensation policy line for management and professional staff at the 50th percentile of a representative comparator market. The representative comparator market would be composed of an appropriate mix of comparable employers with comparable positions. Appropriate consideration will be given to specific job requirements, external and internal job values, recognition for individual performance and general market factors.

7.5 Prohibition of Strikes and Lockouts

The employees do not have the right to strike and the University does not have the right to lock employees out.

7.6 AAPS Representation Rights

Service to AAPS as outlined in this section is viewed as a contribution to the operation of the University and is therefore recognized in decisions such as promotion and merit increases.

7.6.1 Collective Bargaining

AAPS may name up to five members as its bargaining team. These members will be granted time off work with no loss of pay for the purpose of meeting with the University representatives in collective bargaining.

7.6.2 Other Representational Situations

AAPS will notify the University of members appointed to official AAPS positions on its Board, as its official representatives in rights matters and dispute resolution, or to University committees. These members are entitled to reasonable time off work without loss of pay in order to discharge responsibilities of these official positions.

The University will provide 50% release time for the President or designate of AAPS.

7.6.3 AAPS Business

AAPS may request through Human Resources that members be excused from work to attend meetings, training sessions and conferences at the initiative of AAPS. Accommodation agreeable to the department will be settled in advance of the events.

7.7 Grievances and Settlement of Disputes

7.7.1 Interests of Parties

The parties have a clear and direct interest in a procedure that provides for timely resolution in the event that their agreement is violated.

An effective procedure must emphasize:

  • a problem solving approach,
  • a means for interest reconciliation as close as possible to the point of origin,
  • a mechanism for finality.

While individuals may initiate grievances, AAPS will decide whether to advance, settle or arbitrate them.

Time limits and other requirements for the performance of this grievance procedure may be extended/amended by mutual consent of the parties.

7.7.2 Definition

A grievance is a claim by AAPS or the University that there has been a violation of the collective agreement.

7.7.3 Informal Approach

Nothing in the following procedure precludes informal discussion of the parties leading to settlement of the grievance or seeking advice on issues arising at any stage of the procedure.

7.7.4 Step 1 - Formal Complaint to an Administrative Head of Unit

Within sixty days from the event about which a complaint is based or from the date of knowledge of the event, the grievor(s) discuss the grievance with the administrative head of the unit concerned. The grievor(s) shall have the right to have a representative from AAPS present at any meeting to discuss the grievance.

Discussion at this stage is without prejudice to later stages of the grievance procedure.

If a settlement is reached within twenty-eight days, the settlement will be written and signed by the head and grievor(s). The head must provide a copy of the settlement to AAPS. Settlements at this stage do not establish precedents for settlement of other complaints. Settlements must be consistent with Article 1.2.2 of the Agreement on Conditions and Terms of Employment.

7.7.5 Step 2 - Formal Complaint to a Vice President/Dean

If the grievance is not resolved within twenty-eight days of being raised with the head, and the grievor(s) and AAPS wish to pursue a resolution, AAPS shall write to the Vice President (Dean, if the unit is in a Faculty) or designate, within the next twenty-one days.

If requested, the Vice President/Dean or designate will meet with the grievor(s) accompanied by a representative of AAPS.

Within twenty-one days of having received the grievance in writing, the Vice President/Dean or designate will provide a written decision on the disposition of the grievance to the grievor(s) and AAPS, with a copy to the Associate Vice President, Human Resources.

7.7.6 Pre-Lawyer Entanglement Meeting

If AAPS wishes to pursue the grievance further, it notifies the Associate Vice President, Human Resources of its wish to invoke arbitration within twenty-eight days of receiving the decision inStep 2.

A meeting will be held of the parties within fourteen days of notification to review the case.

7.7.7 Step 3 – Arbitration

An arbitrator will be selected by mutual agreement of the parties. If the parties fail to agree on an arbitrator within fourteen days, the Chief Justice of the Supreme Court of British Columbia will be requested to make the selection.

The provisions of the Commercial Arbitration Act apply to an arbitration, with the exception of the provisions in the Act relating to costs.

Each party to the arbitration will be responsible for its own costs and will pay one half of the costs of the arbitrator and any shared arbitration expenses.

Recognizing the importance of timely decisions to the smooth operation of the University and to the grievor(s), the parties will attempt to set the arbitration dates as soon as possible. The arbitrator will render his/her decision within fourteen days of the end of the hearing. The arbitrator's decision will be final and binding on the parties. No arbitrator may amend a provision of the collective agreements.

7.7.8 Policy Grievances

A policy grievance is one involving a question of general application, administration, or interpretation of this Agreement, which would not properly be the subject of an individual or group grievance. Policy grievances start at Step 2, with notification to the Associate Vice President, Human Resources, in place of Dean or Vice President.

7.8 Information Sharing and Informal Problem-Solving

Both AAPS and the University value regular discussion to share information and to anticipate and resolve informally the problems facing them. The establishment of agenda and regularly scheduled, informal meetings is the joint responsibility of the President of AAPS and the Associate Vice President, Human Resources. No minutes are kept. To promote constructive communication, participants at these meetings serve renewable terms of one year.

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8.0 LIMITATION OF AGREEMENT

8.1 Governance

The parties believe that the 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. Nothing in this Agreement shall be taken to limit the powers of Senate, The Board of Governors, the President or other administrative officers in their responsibilities to manage the University and to direct its employees.

8.2 Amendments to the Framework Agreement

Amendments to this Agreement may be made at any time by agreement of the parties.

9.0 DURATION AND CONTINUATION OF AGREEMENT

This agreement may be terminated after March 31, 1997 by either party by giving six months written notice to the other party to take effect on March 31 following.

10.0 TERMINATION OF AGREEMENT

Recognition of AAPS and maintenance of this Agreement ceases if AAPS obtains certification under the provision of the Labour Relations Act of British Columbia.

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MEMORANDUM OF AGREEMENT

On behalf of the Association of Administrative and Professional Staff and on behalf of the University of British Columbia the undersigned tentatively agree to the Framework Agreement and Letter of Agreement attached and unanimously recommend it for ratification to their members/principals.

For A.A.P.S.: For the University     "J. Marples” “F. Eastham” Justin Marples Frank Eastham     “M. Broudo” “L. Nason” Marc Broudo Libby Nason     Date: March 3/95  

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LETTER OF AGREEMENT

Upon ratification of the attached Framework Agreement by both parties, the following will come into effect:

  • The University will provide 50% release time for three members of AAPS as designated by the AAPS Executive Board for a period of one year.
  • The University will pay to AAPS an amount equivalent to 60% of the salary of the current salary of the President of AAPS in recognition of the contribution this person has made in bargaining since 1992.
  • The University agrees to maintain the severance practices currently in place (as attached) until ratification of an Agreement on Terms and Conditions of Employment for Management and Professional Staff.
  • The University will grant time off for all Management and Professional Staff to attend information meetings conducted by AAPS. AAPS also has the right to contact M&P staff individually at work, by phone or in person, without reprisal to the M&P person concerned or to the AAPS representative. Concurrence from the administrative head of unit will be sought in advance if the meeting is during working hours. Any problems are to be referred to the Associate Vice President, Human Resources.
  • The University will make best efforts to find office space for AAPS on campus. Rental for the space for the duration of this Framework Agreement will be at no cost, but all renovations and operating costs/services are the responsibility of AAPS. Determination of suitable rental fees will be the subject of future Framework Agreement negotiations.
  • The President of the University will write to all administrative heads of unit explaining AAPS’ role and indicating support for it. Further, senior university leadership members will attend a meeting called by AAPS to which all members of M&P staff will be invited.
For A.A.P.S.: For the University     "J. Marples” “F. Eastham” Justin Marples Frank Eastham     Date: March 3/95  

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SCHEDULE A

Positions Excluded from the AAPS Bargaining Unit

UBC Vancouver

Academic Finance & Strategy Director

Access & Privacy Manager

Assistant to the President

Assistant to the University Counsel

Assistant to the Vice President Academic & Provost

Assistant to the Vice President External & Legal Affairs

Assistant to the Vice President Students

Associate Dean, Executive Education

Associate Director, Employee Relations

Associate Director, Budgeting

Associate Director, Management Reporting & Budgeting

Associate Director, Planning & Institutional Research

Associate Director, Strategic Initiatives

Associate Vice President, Alumni

Associate Vice President, Continuing Studies

Associate Vice President, Development

Associate Vice President, Enrolment & Academic Facilities

Associate Vice President, Equity

Associate Vice President, Government Relations

Chief Communications Officer

Chief Risk Officer

Communications Specialist, Human Resources

Comptroller

Conflict of Interest Administrator

Coordinator, President`s Office

Director, Academic Portfolio Initiatives

Director, Animal Care Services

Director, Athletics & Recreation

Director, Budgets & Financial Reporting

Director, Business Development and Operations

Director, ERM & Continuity Planning

Director, Faculty Relations

(Director, First Nations House of Learning)

Director, Human Resources Advisory Services

Director, Human Resources Integrated Strategies

Director, Human Resources Management Systems

Director, Human Resources Organizational Development & Learning

Director, Human Resources Total Compensation

Director, Intercultural Understanding Strategy Development

Director, Internal Audit

Director, Liu Institute for Global Studies

Director, NCE Administration

Director, Office of the President

Director, Office of the Vice President Academic & Provost

Director, Office of the Vice President Research

Director, Office of VP

Director, Parking & Access Control Services

Director, Payment & Procurement Services

Director, Planning & Institutional Research

Director, Public Affairs

Director, Research Services

Director, Robson Square

Director, Security Services

Director, UBC Press

Director, University Industry Liaison

Director, University Relations

Director, VP Students Portfolio Initiatives

Executive Director, Faculty Pension Plan

Executive Director, Government Relations and Corporate Relations

Executive Director, SDS

Executive Director, Staff Pension Plan

Freedom of Information Specialist

Human Resources Advisor

Human Resources Manager

Legal Advisor

Legal Counsel

Manager, Advisory Services

Manager, Compensation

Manager, Employee Relations

Manager, Workplace Health Services

Managing Director, Building Operations

Managing Director, Communications & Marketing

Managing Director, DAE Services

Managing Director, Infrastructure Development

Managing Director, SHHS

Managing Director, Student Services

Managing Director, University Community Services

Ombudsperson

President`s Liaison

Secretary to the Board

Senior Budget Analyst

Senior Employee Relations Advisor

Senior Finance Director (Medicine)

Senior HR Associate

Senior Manager, Health, Wellbeing, & Benefits

Senior Planning Analyst

Senior Speechwriter

Special Advisor to the Director, PAIR

Treasurer

University Counsel

(Vice President, Finance, Resources & Operations)

Vice President, Human Resources

Vice President, Students

 

UBC Okanagan

Associate Vice President, Learning Services Office

Associate Vice President, Operations Office

Associate Vice President, Students Office

Chief Technology Officer

Director, Academic Operations

Director, Facilities Management

Director, Human Resources, Employee Relations

Director, Security & Parking

Director, University Relations

Employee Relations/Human Resources Advisor

Human Resources Advisor

Manager, ODL

 

 (positions currently occupied by seconded members of faculty)

Current as of September 1, 2013

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