Purpose and Definitions

Article 1. Purpose

1.01   Whereas it is the desire of both parties to this Agreement:

  1. To maintain and improve harmonious relations and settle conditions of employment between the Employer and the Union.
  2. To recognize the mutual value of joint discussions and negotiations in all matters pertaining to working conditions and employment.
  3. To encourage efficiency in operation.
  4. To promote the morale, well-being, and security of all employees in the Bargaining Unit of the Union, and

1.02   Whereas it is now desirable that methods of bargaining and all matters pertaining to the working conditions of the employees be drawn up in a Collective Agreement. Now, therefore, the parties agree as follows:

Article 2. Definitions

2.01   For the purpose of this Agreement:

  1. “Bargaining Unit” shall mean the Bargaining Unit recognized in Appendix A of this Agreement.
  2. “Board” shall mean the Board of Regents of the University.
  3. “Classification” shall mean a categorization of a position into a job family, inclusive of an associated salary range.
  4. “Day” shall mean a working day unless otherwise stipulated in this Agreement.
  5. “Employee” shall mean a person who is employed in a position included in the bargaining unit, as defined by Appendix “A” on a contractual, part-time, permanent, or sessional basis.
    1. “Contractual Employee” shall mean an employee who is employed in a post which has not been established as a permanent post in the University for the purpose of performing certain specified work and whose terms of employment are specifically stated in the employee’s letter of appointment.
    2. “Full-time Employee” refers to hours of work equal to or more than that prescribed in Article 24 – Hours of Work.
    3. “Part-time Employee” shall mean a person who ordinarily works less than the full time hours of work prescribed in Article 24 – Hours of Work.
    4. “Permanent Employee” shall mean an employee who has completed the probationary period and is employed without reference to any specific date of termination of service.
    5. “Seasonal Employee” shall mean any employee within the Bargaining Unit whose services are of a seasonal and recurring nature.
    6. “Sessional Employee” shall mean an employee of the University who as part of normal employment may be temporarily laid off between semesters and who may be laid off for periods of up to twenty-two (22) continuous weeks or less.
  6. “Employer” shall mean the Memorial University of Newfoundland.
  7. “Layoff” shall mean a temporary cessation of employment of an employee because of lack of work or because of the abolition of a post.
  8. Month of Service” shall mean a calendar month in which an employee is in receipt of full salary for the prescribed number of regular working hours in each working day in the month and includes a calendar month in which an employee is absent on special leave without pay for twenty (20) days or less but does not include an employee who is on Long Term Disability as provided for under Article 30, Clause 30.02 (Sick Leave).
  9. “Probationary Employee” shall mean an employee who is employed but who has worked less than the prescribed probationary period.
  10. “President” shall mean the President of the University, a delegated representative, or any officer of the University authorized to act in the President’s absence.
  11. “Secondment” shall mean the assignment of an employee, as determined by the University subject to clause 19.05 or upon application by the employee, to a position outside the bargaining unit at the same or higher band level than the employee’s current position or to a position outside the University.
  12. “Spouse” shall mean a person who is either married to an employee, or although not legally married to an employee, has cohabitated with the employee in a conjugal relationship for at least twelve (12) months.
  13. “Temporary assignment” shall mean the assignment of an employee, in accordance with Article 32.02(a) or 32.02(b), to another position within the bargaining unit at the same or higher band level than the employee’s current position.
  14. “Union” shall mean the Canadian Union of Public Employees, Local 1615.
  15. “Vacancy” – shall mean an opening in the bargaining unit that the Employer requires to be filled that is known to be of a definitive thirteen (13) weeks or greater in duration.
  16. When a word in the singular number or any gender is used in this Agreement, it shall be construed as if the plural number or other gender has been used and vice-versa where the context requires.