Find answers to the most common questions about Union, collective agreements, and more.
What is a casual employee?
Casual Employees are defined in the part-time collective agreement as working on a call-in basis and/or do not have regularly scheduled hours every week.
These sections of the part-time collective agreement cover casual positions:
- Article 2.2: Definition of casual employee
- Appendix 3B: Detail of rights and entitlements for temporary employees
What Collective Agreement Articles apply to casual employees?
Appendix 3B of the part-time collective agreement details the rights of temporary employees. No other provisions will apply unless stated in Appendix 3B.
- Ontario Human Rights (Article 3.3)
- Harassment (Article 6)
- Union Matters (Article 7)
- Overtime (Article 9.5)
- Wages (Article 10.1)
- Holidays (Article 13)
- Vacation Pay (Article 14.1)
- Bereavement Leave (Article 15.2)
What is a Collective Agreement?
A collective agreement (or collective bargaining agreement) is a legally binding, joint agreement between the employer (the Ontario Colleges) and the union (OPSEU-SEFPO).
- It specifies our rights and entitlements as workers and limits the employer’s power in the workplace.
- It details wages, vacation, leave of absence, benefits, health and safety, job postings, dues, layoffs, seniority, discipline, dispute resolution, the grievance and arbitration process, and more.
There are separate collective agreements for full-time and part-time members.
Which Collective Agreement Applies to Me?
The Part-Time collective agreement applies to:
- Regular Part-Time employees – Continuous part-time positions with no end dates and regularly scheduled weekly hours. Some may work less than 12 months of the year.
- Casual employees – Work on a call-in basis or do not have regularly scheduled weekly hours.
- Temporary employees – Temporarily replacing a Regular Part-Time employee on leave for no more than nine months.
- Student employees – Any student working at and being paid wages by Mohawk College in a position only available to current college students (CSEP Program).
- Projects of non-recurring kind (PNRK) – Contract positions for non-recurring projects. PNRK positions may work 35 or more hours per week.
The Full-Time collective agreement applies to:
- Regular full-time positions
- Appendix D (temporary employee) positions – Temporarily replacing a full-time employee on leave from their position.
- Initiatives/Opportunities positions – Full-time contract positions that have established end dates.
The new 2022 to 2025 collective agreement is here!
What are Union dues?
Dues are payments made by members of the union and are the union’s sole source of funding. Pooling resources ensure the continued operation of OPSEU-SEFPO and its locals.
Union dues are tax deductible and will appear on your T4.
OPSEU-SEFPO members pay a Union due and a Local due.
- The Union due is paid to OPSEU-SEFPO
- The Local due is paid to Local 241
How much do I pay for Union and Local dues?
Union dues for all members
The OPSEU-SEFPO union due is 1.375% of your gross pay (before deductions). Example: If your gross pay (before deductions) for a single pay period is $1000, you pay $13.75 to OPSEU.
Local due for full-time members
Full-time members pay $4.50 local due per paycheque.
Local due for part-time members
The local due for part-time members is calculated at 0.2% based on your hourly rate and the number of hours you worked in that pay period.
Example: If your hourly rate is $20.00 and you worked 36 hours for that pay period, you pay
($20.00 x 36) x 0.002 = $1.44
What’s a General Membership Meeting?
Also known as a GMM, General Membership Meetings are large meetings for all local members. They occur a minimum of 2 times per year.
GMMs are where members take the important action of discussing and voting on the matters that affect our locals.
Attendance is critical! We must always have a specific number of members in attendance (known as a quorum) to pass votes.
Some votes may include:
- Approving the local’s annual budget
- Making changes to our by-laws
- Approving donations to charitable causes
- Electing officers (president, VP, treasurer, etc.) every two years
What’s an emergency general membership meeting?
If an urgent matter requires a vote or discussion with members, an emergency GMM may be called. The local will do its best to give you as much notice as possible for urgent meetings.
Separate meetings for full-time and part-time bargaining units
While GMMs are for all members, there may occasionally be matters requiring votes that only affect one bargaining unit. When this happens, the local will hold a separate meeting for that unit to discuss and vote on the matter.
What is a Grievance?
A grievance is a formal complaint about violating a collective agreement, labour law, human rights code, or an established and well-evidenced past practice. It’s one of the tools and rights union members have to address workplace issues.
Grievances have strict timelines and follow a formal process. A grievance must be filed within 15 business days of the event that would give rise to the complaint. Contact the Local immediately if you have a concern.
Types of Grievances
- Individual grievance – One person grieves that a management action violated their rights. For example, unjust discipline or denial of earned overtime.
- Policy grievance – the Union grieves that a management action violates the collective agreement. For example, a new attendance policy or contracting out union jobs.
Which collective agreement articles cover grievances?
Download your collective agreement
- Full-time collective agreement: Article 18
- Part-time collective agreement: Article 20
What is a less than 12-month regular part-time position?
Less than 12-month positions are continuous (do not have an end date) but are not scheduled to work all 12 months of the year. They are entitled to all articles of the part-time collective agreement.
For example, a less than 12-month position may be scheduled to work from August to May and be “laid off” in June and July.
A less than 12-month employee
- Cannot be laid off for more than 4 months in any employment year.
- Continues to maintain and accumulate seniority and service while laid off.
What articles cover less than 12-month positions?
These sections of the part-time collective agreement cover less than 12-month positions:
- Letter of understanding – Less than twelve (12) months positions
- Article 2.1 regular part-time employees
Lieu Time only applies to the Full-Time Collective Agreement.
What is Lieu Time?
When you’ve worked and accumulated authorized overtime according to Article 6, you can choose payment for the hours worked – OR – time off calculated at the same rate as the overtime you worked. (full-time CA article 6.6.4)
When you choose time off, this is called Lieu Time (time in lieu of payment).
Can my manager force me to take lieu time instead of pay for authorized overtime?
No. Article 6.6.4 says the employee shall have the option of electing payment at the applicable overtime rate or time off equivalent to the applicable overtime rate.
How is Lieu Time calculated?
Lieu time is calculated at the same rate as overtime pay based on Articles 6.6.2 and 6.6.3.
- Example: If you worked 4 hours of overtime at 1.5 times your hourly rate, you are entitled to
4 x 1.5 = 6 hours of lieu time
When do I need to use my lieu time?
You must use your lieu time within 60 days unless your manager approves you using it later.
If you do not use your lieu time, it will be paid out to you according to the overtime rates in Article 6.
When are Local Elections?
Elections for all Local Officers occur every two years in the fall semester.
Trustees
Any member can be nominated and elected as a Trustee
Trustees have a unique role at the local. Working with the Treasurer, Trustees audit our Local spending and report our financial performance to OPSEU-SEFPO Head Office.
Our local has two trustees elected to two-year terms. You do not have to be a Steward before becoming a trustee, but Trustees cannot hold any other position at the Local.
Stewards
Any member can be nominated and elected as a Steward
Stewards are the backbone of Local operations and have a long history in organized labour. Any member can volunteer as a Steward. Stewards do many different things at the local, including:
- Welcoming new members to their departments.
- Helping answer member questions and inform them about updates, news, and events.
- Provide the Local with insight into their area’s working conditions and highlight possible areas of concern.
- Meet with all Stewards and Officers monthly at a Local Executive Committee meeting.
Officers
Any Steward or current Officer can be nominated and elected as an Officer
- President – Enforces compliance with the bylaws and regulations of the Union, chairs meetings, and supervises the operations of the Local.
- Vice-President – Performs presidential functions during any absence of the President, including attending functions of the Union when the president can’t attend.
- Secretary – Attends and organizes all meetings of the Local. Keeps minutes, distributes notices to the Local Executive Committee, answers and forwards Union correspondence and membership information to the regional office.
- Treasurer – Responsible for Local finances, budgets, and operating funds. Works together with our accountant and Trustees to audit our financial performance.
- Communications Officer – Distributes announcements to members by email and website postings. Maintains our local mailing list.
- Part-Time Unit Steward – Coordinates and assists stewards for the part-time unit.
- Full-Time Unit Steward – Coordinates and assists stewards for the full-time unit.
CAAT-S Divisional Meeting Delegates
Any member can be nominated and elected as
- Delegate – Attends and votes on behalf of our Local
- Alternate – Attends as backup for a delegate in case of illness or absence
- Observer – Attends to watch the proceedings
Every non-bargaining year, both divisions (Part-Time Support and Full-Time Support) will hold a Divisional Meeting to discuss important matters to the unit and elect representatives for divisional committees. Representatives from each College Local are elected to attend.
How does the Local operate?
The day-to-day business of the local is performed by the Local Executive Committee (LEC). The LEC is entirely volunteer members with different positions and responsibilities. All stewards and officers are employees of the college, just like you.
What are the Local Executive Committee positions in our Local?
Stewards
Stewards are the backbone of Local operations and have a long history in organized labour. Any member in good standing, full-time or part-time, can volunteer as a Steward. Stewards do many different things at the local, including:
- Welcoming new members to their departments.
- Helping answer member questions and inform them about updates, news, and events.
- Provide the Local with insight into their area’s working conditions and highlight possible areas of concern.
- Meet with all Stewards and Officers monthly at a Local Executive Committee meeting.
Every area is unique! The more Stewards we have, the better we can address problems early and keep our members engaged. Being a Steward offers new opportunities like:
- Becoming an Officer of the local in our elections, held every two years.
- Attending OPSEU training events and conferences, all expenses paid.
- Join a higher-level OPSEU-SEFPO committee in our sector (CAAT-S)
Officers
Stewards become Officers by being elected at a General Membership Meeting every two years. Any Steward can be nominated for any Officer position.
Local 241’s officer roles are:
- President – Enforces compliance with the bylaws and regulations of the Union, chairs meetings, and supervises the operations of the Local.
- Vice-President – Performs presidential functions during any absence of the President, including attending functions of the Union when the president can’t attend.
- Secretary – Attends and organizes all meetings of the Local. Keeps minutes, distributes notices to the Local Executive Committee, answers and forwards Union correspondence and membership information to the regional office.
- Treasurer – Responsible for Local finances, budgets, and operating funds. Works together with our accountant and Trustees to audit our financial performance.
- Communications Officer – Distributes announcements to members by email and website postings. Maintains our local mailing list.
- Part-Time Unit Steward – Coordinates and assists stewards for the part-time unit.
- Full-Time Unit Steward – Coordinates and assists stewards for the full-time unit.
Trustees
Trustees have a unique role at the local. Working with the Treasurer, Trustees audit our Local spending and report our financial performance to OPSEU-SEFPO Head Office.
Our local has two trustees elected to two-year terms. Any member in good standing can be nominated and elected as a Trustee. You do not have to be a Steward before becoming a trustee, but Trustees cannot hold any other position at the Local.
Why is it important that my overtime is authorized in writing?
Denying overtime payment is a common conflict that can be avoided by getting everything in writing.
Never work extra hours without explicit permission from your manager in writing. Be diligent and document all offers and authorizations for overtime work. Verbal agreements are not enough.
Without documentation, you cannot successfully support your case if a conflict arises later. Always ensure that your manager confirms by email that you are
- Authorized to work overtime
- The specific dates and times that you are permitted to work overtime
Overtime for Part-Time Members
Part-time CA 9.5: You will be paid 1.5 times your hourly rate for each hour of work in excess of 40 hours each work week.
Overtime for Full-Time Members
Full-time CA 6.6.1: You will be paid overtime at 1.5 times your hourly rate for all authorized work that you perform:
- At least one-quarter hour (15 minutes) over your normal daily hours.
- Example: If your normal daily hours are 7.5 hours, you will be paid overtime for 15 minutes if you work for 7 hours and 45 minutes that day.
- At least one-half hour (30 minutes) over your normal weekly hours.
- Example: if your normal week is 37.5 hours, you will be paid overtime for 30 minutes if you work for 38 hours that week.
- On the 6th day of your workweek.
- Example: if your normal workweek is Monday to Friday, and you work additional hours on Saturday, you will be paid overtime for all hours worked on Saturday.
Full-time CA 6.6.2: You will be paid overtime at 2 times your hourly rate for all authorized work that you perform on the 7th day of work that week.
- Example: If your normal workweek is Monday to Friday, and you worked extra hours on Saturday and Sunday.
- You will be paid 1.5 times for all hours worked on Saturday and
- You will be paid 2 times for all hours worked on Sunday
Can my manager force me to take pay or lieu time for authorized overtime?
No. The employee has the right to choose pay or lieu time. Article 6.6.4 says: the employee shall have the option of electing payment at the applicable overtime rate or time off equivalent to the applicable overtime rate.
Do sick days and vacation days count as hours worked?
Yes. Vacation days paid at 100% and short-term disability days paid at 100% count as hours worked for calculating overtime.
What is a PDF?
All full-time positions have a Position Description Form (PDF). The PDF is a standardized document detailing the job’s aspects and duties.
PDFs contain 11 factors, each detailing the aspects and duties of a position. Based on the content of the PDF, each factor is assigned a point rating. The total point rating value determines the position’s payband.
How do I get a copy of my PDF or Point Rating?
You can request a copy of your PDF and point rating in writing to your manager at any time. The college must provide you with a copy within ten days (article 7.2.1)
My PDF needs updates. What do I do?
PDFs should be reviewed regularly, ideally during annual performance reviews. If your PDF needs updates to reflect the position’s duties accurately, start by meeting with your manager to discuss it.
I have questions about PDFs.
If your manager cannot address your PDF questions, contact a Local Officer.
PDF Mythbusters
Did You Know?
- You should review and sign your PDF upon hire and during annual performance reviews for your records and to be kept on file with HR.
- You can request a copy of your PDF and points rating sheet from your manager at any point. Article 7.2.1 in the Collective Agreement gives you the right to request and obtain both documents.
- HR/Management has 10 business days to provide you with these documents.
- Keeping your PDF up-to-date and accurate is an important way to ensure you are fairly compensated for your work and helps avoid “role creep” and additional responsibilities.
- Some members worry that updating their PDF may result in reclassification that reduces their pay.
- Reclassifications that result in decreased pay can go through the classification grievance process (according to Article 18.5).
Is your PDF out of date? Here’s the process you should follow:
- Request your PDF and Points Rating Sheet from your manager (cc: HR). The Points Rating Sheet is a key document to understanding how your position was graded on the pay scale. You can and should request to review it to help yourself and your Union Steward to analyse your PDF.
- Review your PDF for any out-of-date examples of responsibilities or missing information.
- You may wish to collect information (if you can) from other similar job postings that you see at the college (or other colleges) that may be helpful language to use.
- Remember that your PDF should accurately describe your position as it is.
- Meet with your manager to discuss examples of your duties and how you think they should be updated. Don’t forget to send a follow-up email summarizing your conversation!
- There are specially trained Union Stewards who can review with you! Get in touch with us to request support!
- Providing clear and detailed examples of your regular and recurring duties is important to the points rating system.
- The most heavily weighted sections are the Analysis & Problem Solving, Independence of Action, and Communication factors.
- Your manager should submit a new PDF to HR for review. This may include reclassification (i.e. pay band/pay scale rating).
- If you are unsatisfied with your (new) pay classification, request the new points rating sheet (if not already provided).
- Meet with your Union Steward to review.
- If you are not satisfied with the contents of your PDF or classification calculation, submit a grievance.
Important Notes About Classification Grievances:
Grievances are an important tool for the Union to support members in improving working conditions.
- Classification Grievances have a separate expedited process, which still takes several months. Speficially-trained arbitrators exclusively on College Support Staff PDF grievances!
- If awarded in your favour, you may be entitled to back-pay to the date you submitted your grievance.
- The Points Rating Sheet is a key document to understanding how your position was graded on the pay scale. You can and should request to review it to help yourself and your Union Steward to analyse your PDF.
Need some help talking to your manager about your outdated PDF? Here is a chart to help you get started:
How would you describe your job? (Point form, including all major duties and frequent minor duties) |
What is no longer relevant in the PDF? (Make sure you can update this information accordingly) |
What duties have you been assigned that should be included in an updated version? (Provide real-life, detailed, complete examples) |
|
Example 1 | |||
Example 2 | |||
Example 3 | |||
… |
What is a project of a non-recurring kind position?
Also known as a PNRK position, these positions are defined in the part-time collective agreement and are created to fulfill the needs of a specific project.
PNRKs are contract positions that:
- Can be up to 12 months in length.
- A written agreement between the Local and the College can extend a PNRK contract over 12 months.
- Work from 35 up to 40 hours per week.
These sections of the part-time collective agreement cover less than 12-month positions:
- Article 2.5: Definition of Project of a Non-Recurring Kind Employee
- Appendix 2: Detail of rights and entitlements for PNRK employees
What Collective Agreement Articles apply to PNRK employees?
Appendix 2 of the part-time collective agreement details the rights of PNRK employees. No other provisions will apply unless stated in Appendix 2:
- Ontario Human Rights (Article 3.3)
- Harassment (Article 6)
- Union Matters (Article 7)
- Overtime (Article 9.5)
- Wages (Article 10.1)
- Shift Premium (Article 10.3)
- Holidays (Article 13)
- Vacation Pay (Article 14.1)
- Bereavement Leave (Article 15.2)
What is a regular part-time employee?
Also known as RPT employees, regular part-time positions are employed in a continuous position of indefinite length (no end date) with regularly scheduled hours every week. Some regular part-time employees may work in positions less than 12 months of the year.
Regular part-time employees are entitled to all articles in the part-time collective agreement.
What is Seniority?
Seniority is how long a member has worked as a bargaining unit member. Your seniority may not be the same as your years of service.
Some collective agreement articles use seniority as part of different processes. For example, when more than one internal applicant for a job has equal experience and qualifications, the person with the highest seniority would be the successful candidate.
Where can I check my seniority?
Seniority lists are available on MyMohawk (new window). The full-time seniority list is updated every 4 months
Do I accumulate seniority while on probation?
- No. When your probation is complete, you are credited with seniority equal to your probation period (FT article 14.1)
Do I accumulate seniority while on leave?
- If you are on pregnancy or parental leave.
- If you are on a developmental leave.
- If you are on leave using the pre-paid leave plan (full-time article 12.7).
- If you are on short-term or long-term disability or receiving WSIB benefits (full-time article 14.2.6).
What collective agreement articles cover seniority?
- Part-time collective agreement article 17
- Full-time collective agreement articles 14.1 and 14.2
What is a student employee?
These sections of the part-time collective agreement cover student employee positions:
- Article 2.4: Definition of a student employee
- Appendix 1: Detail of rights and entitlements for student employees
Student employees are defined in the part-time collective agreement as students occupying positions only made available to current students of the College. Co-op students in an educational training program are excluded (Article 1.1)
Which Collective Agreement Articles apply to student employees?
Student employees are only entitled to these Articles. No other provisions will apply unless stated in Appendix 1:
- Ontario Human Rights (Article 3.3)
- Harassment (Article 6)
- Union Matters (Article 7)
- Overtime (Article 9.5)
- Wages (Article 10.1)
- Holidays (Article 13)
- Vacation Pay (Article 14.1)
- Bereavement Leave (Article 15.2)
What is a temporary employee?
Temporary employees are defined in the Part-Time Collective Agreement as employed to replace a regular part-time employee who is on leave or is employed for up to 9 months (for example, seasonal workers).
These sections of the part-time collective agreement cover temporary positions:
- Article 2.3: Definition of temporary employee
- Appendix 3A: Detail of rights and entitlements for temporary employees
What Collective Agreement Articles apply to temporary employees?
Appendix 3A of the part-time collective agreement details the rights of temporary employees. No other provisions will apply unless stated in Appendix 3A.
- Ontario Human Rights (Article 3.3)
- Harassment (Article 6)
- Union Matters (Article 7)
- Overtime (Article 9.5)
- Wages (Article 10.1)
- Shift Premium (Article 10.3)
- Holidays (Article 13)
- Vacation Pay (Article 14.1)
- Bereavement Leave (Article 15.2)
For questions regarding vacation pay or your pay statement, contact Payroll Services.
Vacation for Part-Time
Article 14 in the part-time collective agreement covers vacation
Vacation Pay (14.1)
Part-time support staff are paid “vacation pay” as a percentage of their earned wages for each pay period.
- Less than five years of service: 4%
- More than five years of service: 6%
Vacation for Full-Time
Article 11 in the full-time collective agreement covers vacation.
How many vacation days am I entitled to?
Article 11.1 lists the number of vacation days you are entitled to based on completed years of continuous service in the full-time bargaining unit.
If you have questions about your years of continuous service, check with your department’s Compensation and Benefits Consultant.
When does the vacation year start and end?
The vacation year is July 1 to June 30. Full-time support staff are given their accrued vacation days on July 1.
How do full-time support staff accrue vacation days?
Vacation days are accrued (earned) based on the months you were actively employed in the year leading up to July 1.
What if I have less than 12 months of active employment before July 1?
You will earn a pro-rated number of vacation days based on the months you worked up to July 1.
Example: You became a full-time employee at the beginning of January, which is halfway through the vacation year. On July 1, you will receive half of the vacation day entitlement.
Assuming that you’re actively employed for the full year, on the following July 1, you will receive the full entitlement.