Recent changes in collective agreements
This section includes Frequently Asked Questions (FAQs) relating to newly signed collective agreements.
Questions relating to the TA strike planned for April 16
1. Can an employee refuse to cross a picket line as a matter of conscience?
All employees are expected to work on April 16 except striking TAs working as TAs. A McGill employee may refuse to cross a picket line, but if they do, they will not be paid for that day. Staff members who take this position will be expected to advise their supervisor as soon as possible and arrangements will be made to deduct the appropriate amounts from their pay (see here)
2. Can a TA choose to work on April 16 as a TA if they do not want to strike? Will they lose their pay?
TAs cannot work as TAs while on strike and will therefore not be paid while on strike.
3. If a TA is employed both as a TA and an invigilator, can they work as an invigilator on April 16?
Yes. TAs are only restricted from doing TA work while they are on strike. They may work in other capacities, including working as an invigilator. They will get paid for that work.
4. Can I be fired or penalized as a TA for going on strike?
No, it is illegal in Quebec to fire an employee for going on a legal strike.
5. If there is a strike and I am not a striking TA, do I still have to come to work?
Yes. All McGill employees are required to work that day, except striking TAs working as TAs.
If an employee cannot get to work because they are prevented from crossing a picket line, they must immediately inform their supervisor, who will make alternate work arrangements.
6. TAs working in my faculty/department asked me for my opinion on this dispute. What can I tell them?
Any discussions concerning the strike must remain factual. You should not give your opinion on this dispute. We must respect the TAs’ legal right to strike.
7. To whom do I report any disruptions that may occur before or during a strike?
Any disruptions or unusual activity should be reported as soon as possible to your immediate supervisor. If neither can be found, Security Services should be advised.
Questions relating to invigilators
8. Can invigilators strike?
No, they do not have the right to strike since they are not currently in negotiations. Invigilators who refuse to cross the picket line will not get their salary for that day.
9. Can an employee who has another job work as an invigilator during the April 16 strike?
Yes. If invigilators who are scheduled to work that day do not show up for work, the University will replace them with volunteers or other invigilators. Any employee who agrees to be trained to work as an invigilator on that day will receive their regular pay for the hours they work as an invigilator and overtime, if applicable, in accordance with University policies.
Questions relating to students
10. Will the strike affect students?
The University is taking all necessary measures to minimize an already stressful situation. Students should check for specific information on the McGill website for instructions relating to the April 16 strike.
11. Will exams be delayed or postponed?
Measures have been taken to ensure the smooth running of exams. The University will inform exam takers of alternate arrangements if their exams are disrupted. All regular policies concerning missed exams would apply.
Q1. Who are the employees covered by the collective agreement?
See appendix A of the collective agreement. “All casual Employees occupying non-academic positions except Employees occupying position classified as “M”, those working at the offices of the Principal, Vice Principals, (including the Provost and the Deputy Provost), Public Affairs, the Human Resources, the Legal Services and the University Secretariat, and those already represented by a certified association.”
Q2. What about work study assignments?
They are part of AMUSE. However, the posting process (article 18) doesn’t apply to them.
Q3. The agreement is in force on what date?
The agreement is in force starting April 20, 2012 for a three-year period.
Q4. Are there templates of offer letters when hiring casual employees covered by AMUSE?
Yes, the templates can be found on the Staffing Restricted Web site (login is required).
Q5. What is a hiring unit?
Hiring Unit is the administrative body defined by the University and determined by factors of budget and/or management structure.
The University will consult with the Union regarding the development of the initial Hiring Units list within 90 days of the signature of the Collective Agreement.
Q6. When we refer to students, does it have to be a McGill student?
No, a student is a person who is registered in a post-secondary program.
Q7. Will central HR keep records of disciplinary measures/Employee files?
No. Each unit must have a file.
Q8. What is the duration of the probation period?
It is 3 consecutive terms; summer can count as a consecutive term. Not being at work during summer is not considered a break in the probation period. For a full time assignment of a period of at least six (6) months, the probationary period is sixty (60) days worked.
Q9. Does a returning employee have priority on subsequent assignments?
Not necessarily; subsequent contracts for an assignment will be first offered to candidates who have passed their probationary period in that Hiring Unit as defined in Article 6.
Q10. Do we have to post all assignments?
Full time assignments of a period of at least six (6) months must be posted for a period of at least seven (7) calendar days. Other positions also have to be posted (location and duration is to the Unit’s discretion).
Q11. Do we have to post for an on-call receptionist?
Only for the first assignment. The person then receives a contract (see template Group 3) for a certain duration (ex: 1 semester) with no guarantee of hours.
Q12. What are the hours of a full time position?
The hours of the position are the hours applicable to the position replaced (if is a MUNACA defined position).
Q13. What about MUNACA positions with an end date?
The “MUNACA positions with an end date” continue to be covered by the MUNACA collective agreement.
Q14. Monetary changes applicable on the date of the signing of the collective agreement (April 20, 2012).
- Full time assignments of a period of at least six (6) months in a position defined in the MUNACA Collective Agreement (Group 1) will receive the entry level salary for the position as defined in the MUNACA Collective Agreement.
- Employees with a full time assignment of a period of more than one (1) month but less than six (6) months in a position defined in the MUNACA Collective Agreement (Group 2) will receive (80%) of the entry level salary for the position as defined in the MUNACA Collective Agreement.
- Positions in Group 3 must at least receive the minimum of their classification.
- At the time of signature of the agreement the employees that are remunerated at a rate equal or above the minimum of their assignment classification will receive a 1.0% increase of their current rate. Employees under the minimum of their assignment classification will receive the minimum of their classification or will receive 1.0% increase, whichever is the highest.
Q15. How are vacation and legal holidays paid?
Group 1 & 2 = Accumulate vacation (4%) and are paid 1/20 of the 4 past weeks for the legal holidays (same as Labour standards).
Group 3 = Receives payment for vacation and compensation for legal holidays on every pay cheque.
Q16. Does appendix 5 of the MUNACA Collective Agreement continue to apply?
Yes, for MUNACA defined positions.
Q17. Can the rates defined in article 22.03 be exceeded?
Q18. When is overtime payable?
As per article 24.01, overtime is payable after 40 hours, however for employees on full time assignment of at least 6 months overtime applies for hours over and above the normal work week stipulated in the employment contract.
Q19. Where should we or the employees send Union membership forms (originals only)?
Association of McGill University Support Employees, Public Service Alliance of Canada, 2015 Drummond Street, suite 901, Montreal, QC, H3G 1W7.
Q20. When we post full time assignments of a period of at least six (6) months in a position defined in the MUNACA Collective Agreement, how do we provide the Union with a copy?
A copy of the posting shall be sent to the following address: vp [dot] amuse [at] gmail [dot] com
More informations coming soon !