5. Recognition
5.01 The Employer recognizes the Union as the sole collective bargaining agent for classes of employees as listed in Appendix A.
5.02
- When new Classifications or positions are developed and/or new Classifications or positions are created as a result of restructuring, the Employer shall notify the Union in writing and shall consult with the Union as to whether such classifications or positions should be included in the Bargaining Unit. Should the Union and the Employer be unable to agree, the matter shall be referred to the Labour Relations Board.
- When a bargaining unit position is vacated and the Employer intends to continue to have any or all of the duties performed or intends to refill the position the Employer shall notify the Union in writing. The notification shall indicate whether the Employer intends to modify the duties, title, classification, hours of work or status (i.e. whether permanent, sessional or contractual) of the position and the rationale for the change. Where there is no change, provision of a copy of the job posting shall be sufficient notification.
5.03
- The University will ensure that no employee in the bargaining unit shall be laid off nor denied an opportunity for recall, because duties normally performed by employees in the bargaining unit have been or will be assigned to or assumed by students, faculty or excluded personnel.
- The University will also ensure that students, faculty and excluded personnel will not be utilized to fill vacated union positions.
- Both parties recognize the University’s role in the community and its responsibility to the students it serves. The parties further recognize that the provision of employment for students is in the interest of the entire University community. The parties recognize that employment of students is for the purposes of augmenting the studies of students with work experience. Such employment is not for the purpose of replacing existing bargaining unit members.
6. No Discrimination
6.01 The Employer agrees that in accordance with the provisions of the Newfoundland and Labrador Human Rights Act (SNL2010 Chapter H-13.1), there shall be no discrimination based on the enumerated grounds outlined in the Human Rights Act or activity in the Union.