We have broken down the Unit 1 and Unit 2’s Collective Agreement article by article. We hope this will help you and your coworkers to better understand your guaranteed rights as a YUSAPUY member.
Please see the full text of the Collective Agreements here.
No Harassment / Discrimination
In YUSAPUY’s Unit 1 and Unit 2 Collective Agreements are both comprised of eight clauses, Article 4 focuses on securing a workplace free from harassment on race, beliefs, ethnic orgin, citizenship, sex, age, gender identity, gender expression, disability, record of offences, and whether the member is active within the union.
Members of YUSAPUY may file for a grievance (in accordance to Article 8: Complaints / Grievances (within 15 days of an incident that breaches the “No Harassment / Discrimination” article, which would be handled with all possible confidentiality by all participants. Members may also file a formal complaint through the Ombudsperson or Centre for Human Rights, Equity and Inclusion or Centre for Sexual Violence Response, Support and Education.
Please see the full text of the Collective Agreements here.
Complaints / Grievance
Article 8 of the Collective Agreement provides a guideline to YUSAPUY and York U to navigate disagreements and alleged violations of the agreement. The processes look different between Unit 1 and Unit 2 members, but are largely based on the same procedures and principles.
Please see the full text of the Collective Agreements here:
Complaint Process (8.02)
Members of YUSAPUY may request a meeting with their supervisor to initiate the complaints and grievance process. The complaints process is one of two processes available for YUSAPUY members to initiate discussion on the alleged violations of the collective agreement, YUSAPUY members may choose to directly engage in a grievance process as well. This process is the same for Unit 1 and Unit 2 members:
- The employer or steward may request a meeting with the supervisor (who may be accompanied by another supervisor) within 15 days or when became aware of circumstances leading to the complaint;
- Those present in the meeting may schedule additional meetings;
- Following the last meeting, the supervisor may provide a reply to the YUSAPUY member and the Union Steward within 5 days of the last discussion;
- If the complaint is not settled by this process, YUSAPUY may initiate the grievance process as per Article 8.03
Grievance Process (8.03 ~ 8.09)
The grievance process looks largely similar between Unit 1 and Unit 2, there are small differences between the two. The information outlined below has been generalized for both agreements. We strongly encourage you to check with your union representatives or stewards if you have any questions!
Step 1: YUSAPUY will submit a written grievance form signed by the grievor and union steward to the supervisor. It must be submitted within 10 days within the date of the supervisor’s response from the complaint process. The parties involved shall schedule a meeting within 10 days of filing for the written grievance, unless otherwise agreed upon. This meeting will include the grievor, a union steward, the supervisor and another supervisor. The supervisor will provide a written response within 10 days following the meeting.
Step 2: If the grievance is not settled, it will be submitted to the Employee Relations within 5 days of receiving the response from Step 1. The Step 2 meeting will be held between the grievor, YUSAPUY representatives, and the appropriate management representatives within 30 days of the filing. The management will provide a response within 5 days of the meeting.
There are different types of grievances, which would have its own processes.
- Policy Grievance: Question on the application of the Collective Agreement, which will be submitted within 15 days of YUSAPUY becoming aware of the issue.
- Group Grievance: 2 or more employees allege a violation of the Collective Agreement, it shall be submitted directly by YUSAPUY at Step 2 within 15 days of YUSAPUY being made aware of the issue.
- Employer Grievance: Procedure outlined above shall be mirrored, responding parties appropriately modified.
The timelines outlined in the complaints and grievance processes are agreed by YUSAPUY and the Employer, if at any step, the supervisor or their representatives fail to reply within the agreed upon time limit or fail to give a response, YUSAPUY may submit a grievance at the next step.
Hours of Work and Overtime
Many YUSAPUY members have reported that they often work through their breaks and working additional hours to complete the overwhelming workload. Even before the pandemic, many YUSAPUY members have raised attention to the increased workload. Remote work has changed the work culture and practices, creating additional barriers for workers who were already facing difficulties in meeting their assignments. This has resulted in many members working past their breaks and mealtime.
The widespread reports that YUSAPUY members working through their breaks and working additional hours is concerning. This is an indication that these departments are understaffed and are putting extraordinary pressure on employees.
Hours of work, paid breaks, and meal breaks are written into the Unit 1 and Unit 2 Collective Agreement (Unit 1: Article 26 & Unit 2: Article 20). YUSAPUY members are not and must not be expected to carry out additional hours of work.
The Collective Agreement detailed the maximum hours of work, mandated breaks, rates of pay, and overtime practices. Violations of the Collective Agreement must be taken seriously and addressed swiftly.
If you are forced to skip your breaks or work additional hours, you should reach out to YUSAPUY stewards who may provide support.
Unit 1: Article 26
Hours of Work
- Normal work week should be no more than 7 working hours per day, with an unpaid meal break of 1 hour, to a maximum of 35 hours per week (26.01 a)
- Employees in continuous operations should work no more than 8 hours per day, with an unpaid meal break, to a maximum 40 hours per week (26.01 b)
- Managers and employees may agree to individual arrangements that vary from normal working hours and flexible hours. Employees may be required to work no more than 8 hours per day, inclusive of an unpaid meal break in any day (26.01 d)
- Normal hours of work should be included in job postings and job summaries (26.04 a)
- If the employer wish to alter the hours of work, YUSAPUY would be given a 2 months notice prior to the change (26.04 b)
- If the employer wish to introduce continuous operations, YUSAPUY would be given a 3 months notice prior to the change (26.06 a)
- Per 3 work hours, employees would have one 15 min paid break (26.02)
- For full schedule hours of work that fall outside of 8am ~ 5pm, employees would be paid $0.70 per hour (26.05 a)
- For employees working 4 hours or more outside of 8am ~ 5 pm, employees would be paid the premium for the full shift (26.05 b)
- Overtime is defined as working at the explicit direction of their supervisor, exceeding 7 hours workdays or 35 hours workweek, exclusive of meal breaks (26.07)
- Employees who are working on a scheduled day off shall receive a minimum of 3 hours of pay or the actual hours worked, whichever is greater, if they are working in excess of a 35 hours workweek (26.07)
- Employees who work at least 14 hours will be paid overtime if they work beyond 7 hours or exceed 35 hour work week, they also have the right to refuse requests to work additional hours outside of scheduled hours (26.07)
- Approved overtime should be compensated at 1.5 times the regular hourly rate, and overtime accumulation shall not exceed 40 worked hours (26.08)
- Employers shall keep overtime to a minimum and ensure overtime is divided fairly among the employees in the department (26.11)
- Employee would be paid a basic of $2 per on-call hour (26.12 a)
- If the employee is called to work off-site, they will receive a minimum of 1 hour’s pay at 1.5 times the regular hourly rate, or the actual hours worked at 1.5 times the regular hourly rate (26.12 a)
- If the employee is called to work on-campus, they will receive a minimum of 3 hour’s pay at 1.5 times the regular hourly rate, or the actual hours worked at 1.5 times the regular hourly rate (26.12 a)
- Employees who are on-call during University Holidays or grant days shall be paid a basic of $3.5 per on-call hour (26.12 b)
- If the employee is called to work off-site, they will receive a minimum of 1 hour’s pay at 2.5 times the regular hourly rate, or the actual hours worked at 1.5 times the regular hourly rate (26.12 b)
- If the employee is called to work on-campus, they will receive a minimum of 3 hour’s pay at 2.5 times the regular hourly rate, or the actual hours worked at 1.5 times the regular hourly rate (26.12 b)
Unit 2: Article 20
Hours of Work
- Normal work week of part-time employees should be no more than 7 working hours per day, with an unpaid meal break of 1 hour, to a maximum of 24 hours per week (20.01 a)
- Normal work week of interim employees should be no more than 7 working hours per day, with an unpaid meal break of 1 hour, to a maximum of 25 hours per week (20.01 a)
- Part-time employees in continuous operation may work no more than 8 hours per day, with an unpaid meal break, to a maximum of 35 hours per week (20.01 b)
- Interim employees in continuous operation may work no more than 8 hours per day, with an unpaid meal break, to a maximum of 35 hours per week (20.01 b)
- If a regularly scheduled shift is canceled with less than 8 hours notice, the employee will receive 3 hours of regular pay (20.06 b)
- Per 3.5 work hours, employees would have one 15 min paid break (26.02)
- Overtime is defined as working at the explicit direction of the supervisor or manager, in excess of normal working days, or in excess of 35 hours in a week (20.04)
- Overtime is compensated at 1.5 times the regular hourly rate (20.05)
- Employer agrees to consult with YUSAPUY in advance if any employee is required to work in excess of 40 hours workweek (20.05)
- Employees who are required to work 4 or more continuous hours of overtime shall receive a meal allowance of $14 (20.08 b)