CONSOLIDATED EMPLOYER-UNION OUTSTANDING POSITIONS AS AT. September 14, McMASTER UNIVERSITY. and CANADIAN UNION OF PUBLIC EMPLOYEES/

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1 Page 1 of 62 CONSOLIDATED EMPLOYER-UNION OUTSTANDING POSITIONS AS AT September 14, 2009 McMASTER UNIVERSITY and CANADIAN UNION OF PUBLIC EMPLOYEES/ SYNDICAT CANADIEN DE LA FONCTION PUBLIQUE LOCAL 3906, UNIT 1 TEACHING ASSISTANTS, DEMONSTRATORS, TUTORS AND SUPER TUTORS, MARKERS, AND RESEARCH ASSISTANTS WHO RECEIVE A RESEARCH ASSISTANTSHIP IN LIEU OF TEACHING ASSISTANTSHIP COLLECTIVE AGREEMENT Expires THE PARTIES RESERVE THE RIGHT TO ADD TO, AMEND, DELETE, OR MODIFY ANY MATTERS CONTAINED IN THEIR PROPOSALS. THE PARTIES RESERVE THE RIGHT TO MAKE ALL NECESSARY HOUSEKEEPING AMENDMENTS TO THE PROPOSED COLLECTIVE AGREEMENT IN ORDER TO GIVE EFFECT TO THE OVERALL INTENTION OF THE PARTIES. INSERTIONS ARE HIGHLIGHTED AND DELETIONS ARE NOTED BY DOUBLE STRIKE OUT. EXCEPT AS OTHERWISE SPECIFICALLY AMENDED HEREBY THE EMPLOYER S POSITION ON ALL OUTSTANDING MATTERS IS AS PER THE EMPLOYER S INITIAL PROPOSAL, E-1, DATED JUNE 30, 2009 and E-2 (Verbal) DATED July 9, 2009, and E-3 DATED JULY 28, 2009, and E-4 DATED AUGUST 4, 2009 and E-5 DATED AUGUST 11, 2009, AND THE UNION'S IS AS PER U-1, DATED JUNE 30, E. & O.E.

2 Page 2 of 62 This Agreement entered into at Hamilton, Ontario, this day of, 2009 BETWEEN: - and - McMaster University, (hereinafter referred to as the "Employer") the Canadian Union of Public Employees/Syndicat canadien de la fonction publique, Local #3906, Unit #1, (hereinafter referred to as the "Union") regarding: terms and conditions of employment. ARTICLE 1 - SCOPE AND PURPOSE Agreed July 28, 2009 see Agreed To Items document..

3 Page 3 of 62 ARTICLE 2 RECOGNITION 2.01(a) Current Agreement, 2.01: The Employer recognizes the Canadian Union of Public Employees/Syndicat canadien de la fonction publique as the sole and exclusive bargaining agent for all its part-time employees, including professional engineers, in Ontario, employed as teaching assistants, demonstrators, tutors and super tutors, markers, and research assistants who receive a research assistantship in lieu of teaching assistantship, save and except those persons employed in a managerial capacity or in a confidential capacity with regard to labour relations. A part-time employee is defined as one who, subject to the provisions of Article XI, normally works an average of ten (10) hours per week or less to a maximum of two hundred and sixty (260) hours. Normally this work is carried out over two (2) academic terms within an academic year. One (1) of the terms may be a summer term. For the purposes of clarity, this Article excludes faculty, postdoctoral fellows, research associates, research fellows, senior demonstrators, instructional assistants, and user assistants at the Computing Centre. Employer E-1 June 30, 2009: Proposes No Change to Current Agreement. Union U-1 June 30, 2009: 2.01(a) The Employer recognizes the Canadian Union of Public Employees/Syndicat canadien de la fonction publique as the sole and exclusive bargaining agent for all its part-time employees, including professional engineers, in Ontario, employed as teaching assistants, demonstrators, tutors and super tutors, markers, and research assistants who receive a research assistantship in lieu of teaching assistantship, save and except those persons employed in a managerial capacity or in a confidential capacity with regard to labour relations. A part-time employee is defined as one who, subject to the provisions of Article XI, normally works an average of ten (10) hours per week or less to a maximum of two hundred and sixty (260) hours. Normally this work is carried out over two (2) academic terms within an academic year. One (1) of the terms may be a summer term (b) Agreed August 11, 2009 see Agreed To Items document.. NO CHANGE to Current Agreement

4 Page 4 of 62 ARTICLE 3 DEFINITIONS Article 23 in Current Agreement The Parties have agreed to move Definitions to ARTICLE 3 and each propose as Follows: In this Agreement, the following terms shall be defined as set out in this Article, unless a contrary meaning is expressly provided for elsewhere in this Agreement: "academic unit" or department Agreed July 28, 2009 see Agreed To Items document.. NO CHANGE TO CURRENT AGREEMENT academic year Agreed August 11, 2009 see Agreed To Items document.. NO CHANGE TO CURRENT AGREEMENT Appointment Employer: July 28, 2009 E-3 Counter to U-1: Does not accept union proposal Union June 30, 2009 U-1: means an appointment to a bargaining unit position. full appointment means an appointment totalling 280 hours. half appointment means an appointment totalling 140 hours. quarter appointment means an appointment totalling 70 hours. bargaining unit means the bargaining unit described in Article 2. Agreed July 28, 2009 see Agreed To Items document.. bargaining unit member or employee Employer June 30, 2009 E-1: means a part-time employee who is in the bargaining unit described in Article 2. Union June 30, 2009 U-1: means a person employed by the Employer who holds an appointment in the bargaining unit described in Article 2. business day Agreed July 28, 2009 see Agreed To Items document.. Chair Agreed July 28, 2009 see Agreed To Items document. day Agreed August 11, 2009 see Agreed To Items document. demonstrator Employer July 28, 2009 E-3: Does not accept the need for separate, specific definition.

5 Page 5 of 62 Union June 30, 2009 U-1: means an employee who is responsible for overseeing labs, students in the lab, demonstrating techniques, safety, marking labs, and performing other nonsupervisory duties. designate Agreed July 28, 2009 see Agreed To Items document. Employer Agreed July 28, 2009 see Agreed To Items document. E/LR Representative Agreed July 28, 2009 see Agreed To Items document. employment supervisor Agreed July 28, 2009 see Agreed To Items document. Faculty Agreed July 28, 2009 see Agreed To Items document. guaranteed pool Employer July 28, 2009 E-3: Does not accept the need for this definition. Union June 30, 2009 U-1: means the pool of bargaining unit members who are entitled to received an appointment in a subsequent employment year owing to the provisions of Article Local means the Canadian Union of Public Employees/Syndicat canadien de la fonction publique, Local Agreed July 28, 2009 see Agreed To Items document. Marker Employer July 28, 2009 E-3: Does not accept the need for separate, specific definition. Union June 30, 2009 U-1: means an employee who evaluates and/or grades students work and who may perform related duties such as consultation with students and invigilation, but who is not assigned principal responsibility for the design and/or presentation of a course or for the conduct of tutorial and/or lab groups.

6 Page 6 of 62 policy grievance Employer July 28, 2009 E-3: Does not accept union s proposal. Employer proposes no change to current agreement Article 9.02, as AGREED July 9, Union June 30, 2009 U-1: means a grievance relating to the general administration, application or interpretation of this Agreement which will affect or has the potential to affect some or all employees and which seeks a redress pertaining to the general administration, application or interpretation of this Agreement. Professional Development Research Assistant Employer July 28, 2009 E-3: Does not accept the need for separate, specific definition. Union June 30, 2009 U-1: means an employee in the guaranteed pool who is appointed, through a competition and in lieu of their normal bargaining unit position, to a Professional Development Research Assistantship position and is assigned to perform work in the bargaining unit preparing, delivering and archiving professional development materials and workshops designed for bargaining unit members and members of the McMaster community. Research Assistant Employer July 28, 2009 E-3: Does not accept the need for separate, specific definition Union June 30, 2009 U-1: means an employee who receives a research assistantship in lieu of teaching assistantship and who is eligible for a teaching assistantship under Article 13 and to whom a faculty member has arranged to assign a specific research project instead. Senior Demonstrator Employer July 28, 2009 E-3: Does not accept the need for separate, specific definition Union June 30, 2009 U-1: Included term, but proposed no language Spouse Agreed August 11, 2009 see Agreed To Items document. Steward Agreed July 28, 2009 see Agreed To Items document. Super Tutor Employer July 28, 2009 E-3: Does not accept the need for separate, specific definition Union June 30, 2009 U-1: means an employee, usually an upper year doctoral student, who assists (an) instructor(s) in the management of large classes by performing tasks associated with curriculum leadership in those matters pertaining to the duties of a Teaching Assistant. Such tasks may include, but are not limited to, holding extra workshops and review sessions, leading internet discussion groups, answering student , and/or aiding other TAs with instructional material. Super Tutors shall be considered to work the same number of hours as other Teaching Assistants. In no case shall a Super Tutor be required to perform supervisory duties or to offer lectures.

7 Page 7 of 62 Teaching Assistant Employer July 28, 2009 E-3: Does not accept the need for separate, specific definition Union June 30, 2009 U-1: means an employee who prepares for and conducts a tutorial or lab, evaluates work of the students within the tutorial or lab, and performs related duties as outlined in Article 12.02(g) of this Agreement, as directed by his/her employment supervisor, but who is not assigned responsibility for the design and/or presentation of a course. For clarity, the commonly used employee category of teaching assistant has the same meaning as employee with respect to the rights provided in this Agreement. In no case, shall a Teaching Assistant be required to perform supervisory duties or to offer lectures. the parties Agreed July 28, 2009 see Agreed To Items document. this Agreement Agreed July 28, 2009 see Agreed To Items document. tutor Employer July 28, 2009 E-3: Does not accept the need for separate, specific definition Union June 30, 2009 U-1: Requested that the Employer put forward a proposal Union Agreed July 28, 2009 see Agreed To Items document. Union Representative Agreed July 28, 2009 see Agreed To Items document.

8 ARTICLE 4 - MANAGEMENT RIGHTS Article 3 in Current Agreement 4.01 Agreed August 11, 2009 see Agreed To Items document. UC-4 September 14, 2009 Page 8 of Employer July 28, 2009 E-3: The Employer agrees that it will not exercise its rights as set out in this Article in a manner inconsistent with this Agreement and confirms its commitment to administer this Agreement reasonably such that its decisions must not be arbitrary, discriminatory or made in bad faith. The Union agrees that the fact of the Employer exercising its rights under the Article shall not constitute harassment. Union Agrees September 14, 2009 UC-4 Conditional on Employer Agreement to Union Definition of Policy Grievance Union June 30, 2009 U-1: The Employer agrees that it will not exercise its rights as set out in this Article in a manner inconsistent with this Agreement and confirms its commitment to administer this Agreement reasonably such that its decisions must be applied consistently across the bargaining unit and must not be arbitrary, discriminatory or made in bad faith. Furthermore, no single department shall undertake any policy intended to supersede and/or contravene the scope and terms of this Agreement. The Union agrees that the fact of the Employer exercising its rights under the Article shall not constitute harassment.

9 Page 9 of 62 ARTICLE 5 - UNION REPRESENTATION Article 4 in Current Agreement 5.01 Current Agreement: The Employer recognizes the right of the Union to appoint up to four (4) stewards to represent each department, providing that such stewards are employed through the department. Where the Union consolidates departmental representation, the steward(s) must be employed through one (1) of the consolidated departments he/she represents. Stewards may represent all employees in the same department regardless of the "academic unit" (refer to Article 23.04) to which the employees are assigned. The Chief Steward or his/her delegate within the academic unit or the President will exercise the rights of the steward in the following situations: a) where there are no stewards appointed in that academic unit; or b) where stewards from more than one department could represent employees in that academic unit; or c) where the stewards are not available. Employer July 28, 2009, E-3: The Employer recognizes the right of the bargaining unit to elect, or the Union to appoint, up to 4 stewards to represent each department, providing that each such steward is assigned to the department he/she represents. Where the Union consolidates departmental representation, the steward(s) must be assigned to 1 of the consolidated departments he/she represents. A Steward may represent all employees working in the same department represented by that the Steward regardless of the "academic unit" to which the employee is assigned. The Chief Steward or his/her delegate within the academic unit or the Local President will exercise the rights of the steward in the following situations: a) where there are no stewards appointed in that academic unit; or b) where stewards from more than one department could represent employees in that academic unit; or c) where the stewards are not available. Union, June 30, 2009, U-1: (a) The Employer recognizes the right of the Union to appoint up to four (4) stewards to represent each department, providing that such stewards are employed through the department. Where the Union consolidates departmental representation, the steward(s) must be employed through one (1) of the consolidated departments he/she represents. Stewards may represent all employees in the same department regardless of the "academic unit" (refer to Article 23.04) to which the employees are assigned. The Chief Steward or his/her delegate within the academic unit or the President will exercise the rights of the steward in the following situations: (i) where there are no stewards appointed in that academic unit; or (ii) where stewards from more than one department could represent employees in that academic unit; or (iii) where the stewards are not available.

10 5.01(b) Employer July 28, 2009 E-3: Employer does not agree with union proposal. UC-4 September 14, 2009 Page 10 of 62 Union Counter September 14, 2009 UC-4: In conjunction with other departmental elections and/or orientations, and no later than October 15th of each year, the Employer will invite a Union representative to facilitate steward elections in each academic unit. and will notify the Union of the names and contact information of successful candidates Current Agreement 4.02: The Employer will recognize a bargaining team consisting of not more than eight (8) Union members who are employees, or who were employees under the most recent Collective Agreement. The Employer s bargaining team will comprise up to eight (8) members representing the Employer. Either bargaining team may be accompanied by up to four (4) persons not employed by the University. Employer July 28, 2009 E-3: The Employer will recognize a Union bargaining team that includes up to 8 bargaining unit members who are employees, or who were employees under the most recent Collective Agreement, in the capacity of Union bargaining representatives. The Union and the Employer agree to limit membership on their respective bargaining teams to a total of 12 each. Union Agrees September 14, 2009 UC Employer June 30, 2009 E-1: The Parties recognize that all employees in the bargaining unit, including Stewards and bargaining team members, have regular duties to perform as employees of the Employer. Therefore, Stewards and other representatives appointed pursuant to this Agreement will not leave their duties without consent from their employment supervisor, and such consent will not be unreasonably withheld. When in the course of negotiating or administering this Agreement an employee, acting in an official capacity for the Union, is meeting with representatives of the Employer, the parties will use their best efforts to arrange for mutually convenient meeting times that do not conflict with the employee s duties. In the event that a mutually agreed meeting time does conflict with such duties, it is the joint responsibility of the employee and his/her employment supervisor to arrange for the missed time to be made up in such a way that the employee will not suffer any loss of wages. Union June 30, 2009 U-1: The Parties recognize that all employees in the bargaining unit, including stewards, Executive Committee, Bargaining Team members and Health and Safety Committee representatives have regular duties to perform as employees of the Employer. Therefore, stewards and other representatives elected or appointed pursuant to this Agreement will not leave their duties without reasonable attempt to obtain consent form their employment supervisor, and such consent will not be unreasonably withheld. In circumstances where an employment supervisor is not available, employees will exercise reasonable judgement having regard for the needs of their immediate responsibilities and work duties. When in the course of negotiating or administering this Agreement an employee, acting in an official capacity for the Union, is meeting with representatives of the Employer, the parties will use their best efforts to arrange for mutually convenient meeting times that do not conflict with the employee s duties. In the event that such a meeting does conflict with such duties, it is the joint responsibility of the employee and her/his employment supervisor to arrange for the missed time to be made up and

11 Page 11 of 62 in the arrangement reached between the employee and her/his employment supervisor, the Employer agrees that the employee will not suffer any loss of wages. Union Verbal Counter September 14, 2009 UC-4 Proposes Unit 3 Language unmodified 5.04 Joint Labour-Management Committee Current Agreement 4.03: On the initiative of either party, the parties agree to discuss any concerns that are not already being addressed through the grievance procedure. (a) Terms of Reference: Agreed August 6, 2009 see Agreed To Items document. (b) Membership and Participation: Agreed July 28, 2009 see Agreed To Items document. (c) (d) (e) (f) Meetings: Agreed June 30, 2009 see Agreed To Items document. Co-Chairs: Agreed June 30, 2009 see Agreed To Items document. Agendas: Agreed June 30, 2009 see Agreed To Items document. Guests: Agreed June 30, 2009 see Agreed To Items document. (g) Minutes: Employer August, 11, 2009: Each party shall be responsible for taking its own minutes of each meeting. Such minutes will be provided to the other party by the Co-Chairs at the time when the next meeting agenda is exchanged. Union Agrees September 14, 2009 UC-4 (and suggests adding to Unit 3 Final Draft) (h) Administrative Support: Agreed August 6, 2009 see Agreed To Items document. (i) Appropriate Topics: Agreed June 30, 2009 see Agreed To Items document. (j) Authority: Agreed June 30, 2009 see Agreed To Items document. (j) Employer June 30, 2009 E-1: Wages: Attendance at such meetings by representatives who are employees in the bargaining unit will be covered by the provisions of Article 5.03 of this Agreement and such employees will not be entitled to additional compensation for attendance at JLMC meetings. Union June 30, 2009 U-1: No Loss of Wages The provisions of Article 5.03 of this Agreement shall apply to all representatives who are employees in the bargaining unit and who participate in JLMC meetings.

12 Page 12 of 62 (k) Other: Agreed August 11, 2009 see Agreed To Items document Agreed July 28, 2009 see Agreed To Items document Agreed July 28, 2009 see Agreed To Items document Employer June 30, 2009 E-1: Employer does not agree with the practicality of this proposal, given the size of the unit. Union Counter September 14, 2009 UC-4: The Employer will forward to the Union copies of correspondence and notices departmental policies, directives and guidelines that are directed to groups of bargaining unit employees and that pertain to this Agreement Current Agreement 4.03: The University will pay to the Union $10,000 on September 1, 2006, $11,000 on September 1, 2007, and $12,000 on September 1, This money will be distributed by the Union among the members of the Union Executive Committee in recognition of their union work. Employer August 4, 2009 E-4: The University Employer will pay to the Union $10,000 on September 1, 2006, $11,000 on September 1, 2007, and $12,000 on September 1, of each contract year This money will be distributed by the Union among the members of the Union Executive Committee in recognition of their union work. Union September 14, 2009 UC-4: The University Employer will pay to the Union $40,000 on September 1, $10,000 on September 1, 2006, $11,000 on September 1, 2007, and $12,000 on September 1, This money will be distributed by the Union among the members of the Union Executive Committee elected Local representatives in recognition of their union work Employer July 28, 2009 E-3: Does not accept union s proposal Union Withdraws September 14, 2009 UC-4 Conditional on Employer Agreement to 5.11 below: The Employer will notify the Union prior to taking any decision and/or action which is reasonably expected to result in a significant alteration to volume, distribution and/or nature of bargaining unit work. Where the Union has a reasonable concern that such decision and/or action will negatively impact any bargaining unit member(s) or poses significant harm to the bargaining unit, the parties shall prioritise the matter at the next JLMC or 5.08 meeting.

13 Page 13 of Agreed July 28, 2009 see Agreed To Items document Employer September 3, 2009, E-6: The parties recognize that the work of employees in the bargaining unit supports the academic mission of McMaster University. Thus, at LMC meetings the parties may, for example, discuss, review, and share information regarding policies, directives and procedures that apply to bargaining unit members but are not subject to specific provisions of this Agreement. Union Counter September 14, 2009 UC-4: The parties recognize that the work of employees in the bargaining unit supports the academic mission of McMaster University, and agree to meet each February, April and October to discuss employment matters of mutual concerns within the bargaining unit that have not otherwise been addressed at LMC. At such meeting the parties will discuss, review and share information regarding, for example, policies, directives and procedures that apply to bargaining unit members but are not subject to specific provisions of this Agreement in an effort to promote consistency in their interpretation and application across the bargaining unit, to the greatest extent possible. The parties recognize that the work of employees in the bargaining unit supports the academic mission of McMaster University. Thus, at LMC meetings the parties may, for example, discuss, review, and share information regarding policies, directives and procedures that apply to bargaining unit members but are not subject to specific provisions of this Agreement, as well as Faculty, Senate of Central Administration decisions, of which attendee(s) at the meeting are aware, that are reasonably expected to result in a significant alteration of nature and/or composition of the bargaining unit Employer July 28, 2009 E-3: Does not accept union s proposal. Union June 30, 2009 U-1: Both parties recognize the important role played by employees in the effective functioning of McMaster University. Therefore, the Employer agrees that no employees shall be excluded from departmental meetings where relevant items are on the agenda and/or may be discussed. Union Proposes Discussion of Alternatives September 14, 2009 UC Employer July 28, 2009 E-3: Does not accept union s proposal. Union June 30, 2009 U-1: During the course of any bargaining pursuant to the renewal of this Agreement, the Employer agrees to release from their employment any bargaining unit members who are duly elected members of the bargaining team and the local President, (or his/her designate) and whose scheduled duties conflict with meetings between the respective bargaining teams, including conciliation and/or mediation, when necessary. Such employees shall not be required to make up for lost hours nor shall they suffer loss of wages.

14 Page 14 of Employer July 28, 2009 E-3: Does not accept union s proposal Union June 30, 2009 U-1: Any employee who is considered to have completed all of the requirements for a doctorate with the exception of the defence and who unsuccessfully applies for a faculty or post-doctoral fellow position posted by the Employer shall be granted a meeting with the appropriate Chair or his/her designate Employer July 28, 2009 E-3: Does not accept union s proposal Union June 30, 2009 U-1: The parties agree that the Local will be entitled to a send an elected or appointed representative to any university committees, councils and other decision-making and advisory bodies on which representatives of any other labour union sit, except where expressly prohibited by the By-Laws of such a body. In such an event, the Employer recognizes the right of the Local to seek representation though the established procedures, and agrees to act in good faith to facilitate the inclusion of the Local to the greatest extent reasonably possible.

15 Page 15 of 62 ARTICLE 6 - NO DISCRIMINATION OR HARASSMENT Article 5 in Current Agreement 6.01 Agreed August 11, 2009 see Agreed to Items document 6.02(a) Agreed (U-1, 6.03) July 28, 2009 see Agreed To Items document. 6.02(b) Agreed June 30, 2009 see Agreed To Items document. 6.02(c) Agreed July 28, 2009 see Agreed To Items document Agreed July 28, 2009 see Agreed To Items document Agreed August 11, 2009 see Agreed To Items document. 6.05(a) Agreed (U-1, 6.06(a)) July 9, 2009 see Agreed To Items document. 6.05(b) Agreed (No Change to Current CA) July 9, 2009 see Agreed To Items document Agreed (U-1, 6.07) July 9, 2009 see Agreed To Items document Agreed (in conjunction with proposed LOU. Re Policies affecting terms and conditions of employment (U-1, 6.05(b)) July 28, 2009 see Agreed To Items document Employer July 28, 2009 E-3: Does not accept union s proposal Union June 30, 2009 U-1: The Employer and the Union are committed to addressing employment equity issues and recognize the need to discuss issues of mutual concern, in an attempt to find a resolution. As a pro-active measure, the parties agree to develop and implement an anti-oppression training module for those tasked with the administration of this Agreement within 6 months of ratification. On a going forward basis, this module, as it may be modified from time to time by the mutual agreement of the parties, will be provided once per academic year to those tasked with the administration of this Agreement.

16 Page 16 of Employer July 28, 2009, E-3: Does not accept union s proposal Union June 30, 2009, U-1 [6.05(a)]: The parties agree that employees make important intellectual contributions to the University and that their work supports the academic mission of the University. The parties agree that employees enjoy freedom of speech and freedom of thought and that academic freedom makes intellectual discourse, critique, commitment and integrity possible. The parties also agree that the diversity of traditions across disciplines necessitates that an employee s freedom to pursue his/her own direction of instruction and research will vary according to individual supervisor/employee arrangements. The right of employees to academic freedom in the context of this Agreement includes the freedom to examine, question, teach and learn and to disseminate opinion(s) on questions related to the teaching of the course, its content and organization and the larger political, cultural and philosophical context in which teaching and research take place, in a manner appropriate within the context of the assignment. The parties also agree that no employee will be disciplined for the fact of exercising reasonable intellectual discretion pursuant to and within the parameters of the agreed principles described above and within the scope of the provisions of Article 4 of this Agreement.

17 Page 17 of 62 ARTICLE 7- UNION SECURITY Article 6 in Current Agreement 7.01 Current Agreement 6.01: The Employer will, during the term of this Agreement, deduct from the monthly pay of each member of the bargaining unit, the amount specified in writing from time to time by the Treasurer of the Union, and shall remit same, accompanied by a list of employees and their unique employee identifiers from whose pay deductions have been made and the amount of such deductions, no later than one (1) week after the deductions have been made. The total monthly deductions from bargaining unit members shall be classified according to Schedule A and appended to this list. This information shall be provided both in printed form and in machine readable format. Employer August 4, 2009, E-4: (a) The Employer will, during the term of this Agreement, deduct from the monthly pay of each member of the bargaining unit union dues in the amount specified in writing from time to time by the Treasurer of the Union Local, and shall remit same, accompanied by a list of employees and their unique employee identifiers from whose pay deductions have been made and the amount of such deductions, in an agreed upon electronic format no later than one (1) 1 week after the deductions have been made. The total monthly deductions from bargaining unit members shall be classified according to Schedule "A" and appended to this list. This information shall be provided both in printed form and in machine readable format. Union June 30, 2009 U-1: (a) The Employer will, during the term of this Agreement, deduct from the monthly pay of each member of the bargaining unit, the amount specified in writing from time to time by the Treasurer of the Union, and shall remit same, accompanied by a list of employees and their unique employee identifiers from whose pay deductions have been made and the amount of such deductions, no later than one (1) week after the deductions have been made. The total monthly deductions from bargaining unit members shall be classified according to Schedule "A" and appended to this list. This information shall be provided both in printed form and in an agreed upon electronic machine readable format. Union Asks Employer for Justification of their Proposal September 14, 2009 UC (b) Agreed July 28, 2009 see Agreed To Items document. 7.01(c) Agreed (E-1/U-1) July 9, 2009 see Agreed To Items document Agreed (No Change to Current Agreement) July 9, 2009 see Agreed To Items document Current Agreement 6.03: The Employer agrees to release from their employment for a full academic year up to two (2) employees for CUPE/Scfp executive business. The employees are to be named by CUPE/Scfp not later than sixty (60) days before the first academic term for which release time is sought. The academic year in which release from employment is taken, shall count as one (1) of the succeeding years of study referred to in Article 12.05(a) and (b),

18 Page 18 of 62 but the entitlement to Teaching Assistant employment for any remaining succeeding years of study shall not be affected. Employer September 3, 2009, E-6: (a) The Employer agrees to release from their employment for a full academic year up to two (2) employees up to 4 employees for CUPE/Scfp executive business for a cumulative total of zzz hours in an academic year. Such release hours must be taken in units of xxx hours each and each such xxx-hour unit must correspond with an academic term. Union September 1, 2009: (a)the Employer agrees to release from their employment for a full academic year up to 2 4 employees for CUPE/Scfp executive business for a cumulative total of zzz hours in an academic year. Such release hours must be taken in units of xxx hours each and each such xxx-hour unit must correspond with an academic term. Agreed By Union September 1, 2009 C3 Confirms Agreement (and zzz=4*xxx) September 14, 2009 UC-4 Union September 1, 2009: (b) No more than 1 employee per Department may access this release time in the same academic term without written agreement from the Department Chair. Such agreement will not be unreasonably denied. The employees are to be named by CUPE/Scfp as soon as possible and not more than 60 days before the academic term in which release time is sought. The academic year in which release from employment is taken, shall count as 1 of the succeeding years of study referred to in Article (a) and (b), but the entitlement to Teaching Assistant employment for any remaining succeeding years of study shall not be affected. NOTE: UNSURE OF EMPLOYER'S POSITION AT THIS TIME CLARIFY AT TABLE

19 Page 19 of 62 ARTICLE 8 INFORMATION Article 7 in Current Agreement 8.01(a) Current Agreement 7.01(a): The Employer agrees to provide at the end of each calendar month a list of all bargaining unit members, including first and last names, a unique employee identifier, job titles, department of work or study, mailing addresses as available on payroll in the month that the employee commences his/her work, campus telephone numbers (if available on payroll) and visa student indicators as currently exist on Graduate School records. This shall be provided in an electronic version only. The Employer also agrees to provide at the end of each calendar month, addresses as they exist on the University s Person s Data Base for bargaining unit members. This shall also be provided in an electronic version only. Employer August 4, 2009, E-4: Within 7 days following the end of each month and based on the most accurate information to which the Employer has access the Employer agrees to provide an alphabetized list of all bargaining unit members employees, including each person s given name and surname, a unique employee identifier, department of work, mailing address as available on payroll in the month that the employee commences his/her work, campus telephone number and address (if available on MACVip), and visa student indicators as currently listed in Graduate School records. This information will be provided in electronic format. Union Counter September 14, 2009 UC-4: The Employer agrees to provide at the end of each calendar month a list of all bargaining unit employees members, including first and last names, a unique employee identifier, job titles, department of work or study, mailing addresses as available on payroll in the month that the employee commences his/her work, campus telephone numbers (if available on payroll) and visa student indicators as currently exist on Graduate School records. This shall be provided in an electronic version only. The Employer also agrees to provide at the end of each calendar month, addresses as they exist on the University s Person s Data Base for bargaining unit members. This shall also be provided in an agreed upon electronic version format only. Further, not later that the deadline for submitting Hours of Work Forms, each academic unit will forward to the Union a list of bargaining unit members in their employ, organized according to job title and provided in hard copy and in an agreed upon electronic format. 8.01(b) Agreed (E-1) August 11, 2009 see Agreed To Items document. 8.01(c): Employer July 28, 2009, E-3: Does not accept union s proposal. Union June 30, 2009 U-1: Failure to provide this information by the deadline will result in a $100 fine towards the Union s Hardship Fund. 8.02(a) Current Agreement 7.02(a): The Employer will have copies of this Agreement printed within forty-five (45) days of ratification by both parties. The Union will reimburse the Employer for one-half (½) of the cost.

20 Page 20 of 62 Employer September 3, 2009, E-6: The Employer will have copies of this Agreement printed within forty-five (45) 45 days of ratification by both parties. The Union will reimburse the Employer for one-half (½) 1/3 of the cost. Union Agrees September 14, 2009 UC (b) Current Agreement 7.02(a): The Union will be entitled to five hundred (500) copies of the Agreement. In addition the Employer will provide the Union with one copy of the Agreement in machine readable format. Employer September 3, 2009, E-6: The Union will be entitled to five hundred (500) 200 copies of the Agreement. In addition the Employer will provide the Union with one 1 copy of the Agreement in machine readable format an agreed upon electronic format. Union Agrees September 14, 2009 UC (c) Current Agreement 7.01(a): The Employer will: - make copies of the revised collective agreement available within one month of the printing of this Agreement in all Human Resources Services Offices and academic units; and; - provide each newly hired employee, at no cost to the employee or the Union, with a copy of this Agreement upon commencement of their duties. Employer September 3, 2009, E-6: The Employer will also: (i) (ii) make copies of the revised collective agreement available within one month of the printing of this Agreement in all Human Resources Services Offices and academic units; and, provide a copy of this Agreement to each newly hired employee, at no cost to the employee or the Union, with a copy of this Agreement upon commencement of their his/her duties initial assignment. This Agreement will be provided to the employee in electronic format, unless a printed copy is requested by the employee. Union June 30, 2009 U-1: (c) The Employer will make copies of the revised collective agreement available within one month of the printing of that agreement in all Human Resources Services Offices and academic units. (d) The Employer will provide a copy of the current collective agreement to all Teaching Assistants upon commencement of their duties. Union Suggests Verbal Clarification toward Verbal Agreement September 14, 2009 UC-4

21 Page 21 of (a) Current Agreement 7.03: The Employer shall provide an area of bulletin board space (with minimum dimensions of seventy (70) centimetres and fifty (50) centimetres) in or near each department. This shall be clearly marked "Sessional Lecturers, Graduate and Undergraduate Teaching Assistants, Other CUPE Local 3906 Members" and will be for the use of official Union notices. The Employer shall ensure that each Faculty will send a list of their respective locations of said bulletin boards to the Union by the last Friday of October in each academic year. The Employer will ensure that all bargaining unit members are informed of the location of bulletin boards in their academic unit or employment area. Employer July 28, E-3 Counter: The Employer shall provide an area of bulletin board space (with minimum dimensions of 70 centimetres and 50 centimetres) in or near each department. This shall be clearly marked "Sessional Faculty, Graduate and Undergraduate Teaching Assistants, Postdoctoral Fellows, Other CUPE Local 3906 Members bargaining units and will be for the use of official Union notices. The Employer shall ensure that each Faculty will send a list of their respective locations of said bulletin boards to the Union by the last Friday of October in each academic year. The Employer will ensure that all bargaining unit members are informed of the location of bulletin boards in their academic unit or employment area. Union August 11, 2009, C-2 Counter: The Employer shall provide an area of bulletin board space (with total area of 1 square metre minimum dimensions of seventy (70) centimetres and fifty (50) centimetres) in or near each department main office. This shall be clearly marked "Sessional Faculty Lecturers, Graduate and Undergraduate Teaching Assistants, Post-Doctoral Fellows, Other CUPE Local 3906 Members" and will be for the use of official Union notices. The Employer shall ensure that each Faculty will send a list of their respective locations of said bulletin boards to the Union by the last Friday of October in each academic year (b) Agreed (Current Language (formerly last sentence of Current 7.03)) July 9, 2009 see Agreed To Items document. New 8.03(c) Current Agreement 7.03, 3 rd sentence: The Employer shall ensure that each Faculty will send a list of their respective locations of said bulletin boards to the Union by the last Friday of October in each academic year. Employer June 30, 2009, E-1: Each Department will advise the Union, within 10 business days, if that Department moves the location of its CUPE bulletin Board. Union June 30, 2009 U-1: The Employer will inform the Local of the locations of each bulletin board by October 15 th of each academic year. Should October 15 th fall on a weekend, the information will be provided on the following Monday. The Employer will notify the Union of any location changes at the first JLMC meeting following the change. Union Agrees Pending Employer Agreement to Union 8.03(a) September 14, 2009 UC-4

22 Page 22 of 62 New 8.03(d): Employer July 28, 2009, E-3: Does not accept union s proposal. Union June 30, 2009 U-1: Failure to provide this information by the deadline will result in a $100 fine towards the Union Hardship Fund. 8.04(a) Agreed July 9, 2009 see Agreed To Items document. 8.04(b) Agreed (E-1/U-1 No Change to Current Agreement) July 9, 2009 see Agreed To Items document. New 8.05 Employer July 28, 2009, E-3: Does not accept union s proposal. Union Counter September 14, 2009 UC-4: The Employer will establish an orientation protocol for employees in order to provide them with information about the general operation of the University and resources available to employees that may be of assistance for the performance of their duties. Employee orientation will include the location of Union bulletin boards and the names and contact information of departmental stewards. Orientation may also include such things as instructional courses and professional development resources that are available to employees. As part of its employee orientation, and as part of an employee's registration package Letter of Offer, the Employer will provide new employees with a letter of introduction to be prepared by the Union. In order to afford the Union the opportunity to provide input, the Employer will also provide the Union with a copy of the orientation protocol, and will provide the Union with updates of the protocol to reflect substantial changes Current Agreement 7.05: The Employer agrees to provide the Union with $1, annually to cover costs associated with the Union s work involved in the participation at TA Day events and departmental presentations. Employer August 4, 2009, E-4: The Employer agrees to provide the Union with $1, annually to cover costs associated with the Union s work involved in the participation in the annual University-wide TA orientation event TA Day events and departmental presentations. Union Counter September 14, 2009 UC-4 Conditional on Employer Agreement to Union 8.5, above: The Employer agrees to provide the Union with $2, $1, annually to cover costs associated with the Union s work involved in the participation at TA Day events and departmental presentations. Further, the Employer recognizes the Union's right to make such presentations during TA Day-related departmental orientations.

23 ARTICLE 9 - NO STRIKE OR LOCKOUT Article 8 in Current Agreement 9.01 Agreed (at the table) July 9, 2009 see Agreed To Items document. UC-4 September 14, 2009 Page 23 of Agreed (at the table) July 9, 2009 see Agreed To Items document Agreed (at the table) July 9, 2009 see Agreed To Items document.

24 Page 24 of 62 ARTICLE 10 - GRIEVANCE PROCEDURE Article 9 in Current Agreement 10.01(a) Agreed July 9, 2009 see Agreed To Items document (b) Agreed July 9, 2009 see Agreed To Items document (c) Agreed July 9, 2009 see Agreed To Items document (c)(i) Pre-Grievance: Agreed July 9, 2009 see Agreed To Items document (c)(ii) Step 1: Agreed August 4, 2009 see Agreed To Items document (c)(iii) Step 2: Agreed August 4, 2009 see Agreed To Items document (c)(iv) Step 3: Agreed July 9, 2009 see Agreed To Items document (d) Agreed (E-1/U-1) July 9, 2009 see Agreed To Items document Agreed (U-1) July 9, 2009 see Agreed To Items document Agreed July 28, 2009 see Agreed To Items document Agreed (at the table) July 9, 2009 see Agreed To Items document Agreed August 11, 2009 see Agreed To Items document Agreed (No Change to Current Agreement 9.06) July 9, 2009 see Agreed To Items document.

25 Page 25 of Agreed (No Change to Current Agreement 9.07) July 9, 2009 see Agreed To Items document Agreed (E-1) August 6, 2009 see Agreed To Items document Agreed July 28, 2009 see Agreed To Items document (a) Agreed July 28, 2009 see Agreed To Items document (b) Agreed July 28, 2009 see Agreed To Items document Agreed August 6, 2009 see Agreed To Items document Agreed (No Change to Current Agreement) July 28, 2009 see Agreed To Items document Employer September 3, 2009, E-6: Expedition of non-probationary discipline or discharge to Step 2 was already agreed on July 9, 2009 See Article Union Counter September 14, 2009 UC-4: Notwithstanding the provisions of Article 10.01, grievances alleging a violation of Article 6, No Discrimination or Harassment, Article 11, Discharge and Discipline, Article 13, Appointments, and/or Article 18, Health and Safety, may, if not resolved at the Pre-Step, be filed directly at Step #3 of the grievance process Employer July 9, 2009, E-2: Does not accept union s proposal. Union Counter September 14, 2009 UC-4: If a candidate for a position grieves a decision not to appoint the employee to that position, or the Union grieves or queries an appointment, the Employer shall provide the Union with the name of the appointee, a copy of their curriculum vitae, a copy of their application, and any other non confidential information that was the basis of the appointment. Such information shall include the individual's guaranteed pool status, right of first refusal, and seniority.

26 Page 26 of 62 ARTICLE 11 - DISCHARGE AND DISCIPLINE Article 10 in Current Agreement Agreed July 9, 2009 see Agreed To Items document Agreed July 9, 2009 see Agreed To Items document Agreed September 1, 2009 see Agreed To Items document Agreed August 6, 2009 see Agreed To Items document. Current Agreement Current Agreement Article 10.04: The University will remove warnings or suspensions in an employee's personnel file that are more than 12 months old unless the employee has had subsequent discipline during that period of time. Employer July 28, 2009, 2009, E-3: The Employer will remove warnings or suspensions in an employee s personnel file that are more than 12 months old unless the employee has had subsequent discipline during that period of time after the employee has worked 12 months during which there has been no subsequent discipline Union June 30, 2009 U-1: The University Employer will remove warnings or suspensions in an employee's personnel file that are more than 12 months old unless the employee has had subsequent related discipline during that period of time Agreed July 28, 2009 see Agreed To Items document Agreed July 28, 2009 see Agreed To Items document. Current Agreement 10.05

27 Page 27 of 62 ARTICLE 12 - HOURS OF WORK Article 11 in Current Agreement SEE SEPARATE DOCUMENT ARTICLE 13 APPOINTMENTS Article 12 in Current Agreement SEE SEPARATE DOCUMENT

28 Page 28 of 62 ARTICLE 14- PROBATIONARY PERIOD Article 13 in Current Agreement 14.01(a) to (d) Agreed to Retain Current Agreement Article 14.01(a) to (d), August 4, 2009 see Agreed To Items document.

29 ARTICLE 15- EMPLOYEE EVALUATION Article 14 in Current Agreement UC-4 September 14, 2009 Page 29 of Agreed to Retain Current Agreement Article 14.01, July 9, 2009 see Agreed To Items document Agreed to Retain Current Agreement Article 14.02, July 9, 2009 see Agreed To Items document Agreed to Retain Current Agreement Article 14.03, July 9, 2009 see Agreed To Items document Agreed to Retain Current Agreement Article 14.04, July 9, 2009 see Agreed To Items document Employer July 28, 2009 Counter: Does not accept union s proposal. Union September 1, 2009, U-4: Any Employer evaluation of an employee s classroom instruction shall be accompanied by written notice by the employment supervisor provided at least 2 weeks in advance. No employee shall be subjected to more than 1 such evaluation in any given appointment.

30 Page 30 of 62 ARTICLE 16 WAGES Article 15 in Current Agreement Agreed to Retain Current Agreement Article 15.01, August 11, 2009 see Agreed To Items document Current Agreement 15.02: Employees who hold a full (260 Hours) or half (130 hours) Teaching Assistant Contract shall be paid their wages in equal monthly instalments over the term of their Teaching Assistant contract. Employees who hold a partial Teaching Assistant contract (less than 130 hours) will be paid for hours, as submitted on an approved timesheet, at least by the monthly pay following the month in which the timesheet was submitted. Employer September 3, 2009, E-6: NO CHANGE to current agreement. Union June 30, 2009 U-1: Employees who hold a full (260 Hours) or half (130 hours) Teaching Assistant Contract shall be paid their wages in equal monthly instalments over the term of their Teaching Assistant contract. Employees who hold a partial Teaching Assistant contract (less than 130 hours) will be paid for hours, as laid out in the Teaching Assistant Hours of Work Assignment form at least by the monthly pay following the month in which the timesheet was submitted. NOTE AND DISCUSS: ESA, 2000, c. 41, s. 11 (1) Payment of wages 11. (1) An employer shall establish a recurring pay period and a recurring pay day and shall pay all wages earned during each pay period, other than accruing vacation pay, no later than the pay day for that period Current Agreement 15.03: The University agrees to reimburse the employee for travel expenses authorized by the supervisor which are part of their employment duties. Reimbursement will be the kilometrage allowance prescribed in the McMaster University Travel Expenses Policy and Procedure (as revised from time to time) from the lesser of the distance from the main campus to the off campus location or from their place of residence to the off campus location. Employer September 3, 2009, E-6: The University Employer agrees to reimburse the employee for travel expenses authorized by the supervisor which are part of their employment duties. Reimbursement will be the kilometrage allowance prescribed in the McMaster University Travel Expenses Policy and Procedure (as revised from time to time) from the lesser of the distance from the main campus to the off campus location or from their place of residence to the off campus location. Union June 30, 2009 U-1: The University agrees to reimburse the employee for travel expenses authorized by the supervisor that are part of their employment duties. Reimbursement will be the kilometrage allowance prescribed in the McMaster University Travel