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 non-Co-Op student working at and being paid wages by Mohawk College in a position only available to current college students. For example: CSEP student jobs, peer tutors, and camp counsellors.

• 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.

Dues are payments made by union members and are the union's sole funding source. Pooling resources ensures 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 and supports local and provincial operations.

• The Local due is paid to Local 241 and supports the strike fund. 

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

• Part-time Local dues are 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

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 important action by discussing, voting, and getting informed on local matters.

Attendance is critical! We need a specific number of members in attendance (known as a quorum) to pass votes.

Some votes could 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

• Electing members to represent our Local at OPSEU/SEFPO provincial meetings and conventions

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 business that only affects one bargaining unit. The Local will hold a separate meeting for that unit to discuss and vote on the matter.

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 in 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). Seniority lists are updated 3 times per year. 

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, PT article 17.1)

Does past employment in the FT/PT bargaining unit count toward my seniority?

Yes! If you want to know your seniority calculation, contact your department's Human Resources Strategic Partner. Contact a Steward if you see any discrepancies.

Do I accumulate seniority while on leave?

• If you are on pregnancy/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).

• While on recall as a full-time employee

What collective agreement articles cover seniority?

• Part-time collective agreement article 17

• Full-time collective agreement articles 14.1 and 14.2

A grievance is a formal complaint about violating the collective agreement, labour law, human rights, 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?

• Full-time collective agreement: Article 18

• Part-time collective agreement: Article 20

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 Support Staff at Mohawk, 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 elections every two years.

• Attending OPSEU/SEFPO training events and conferences, all expenses paid.

• Join our sector's provincial committees (College of Applied Arts & Technology Support CAAT-S sector).

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 Local meetings. Keeps minutes, distributes notices to the Local Executive Committee, answers and forwards Union correspondence.

• 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, website, and social media.

• Part-Time Unit Steward - Coordinates and assists Stewards in part-time unit matters.

• Full-Time Unit Steward - Coordinates and assists Stewards in full-time unit matters.

Trustees

Trustees have a unique role at the Local. Working with the Treasurer, Trustees audit our finances and report our performance to OPSEU/SEFPO.

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.

Layoff articles in the Part-Time collective agreement do not apply to Casual, Student, Temporary, or Project of Non-Recurring Kind (PNRK) employees. 

Notice is given to the Local

The Local is notified before written notice is given to an affected employee (Article 18.2).

Written notice to the RPT employee 

The 21 (calendar) day notice period begins from the day you receive notice (Article 18.3). You are entitled to all regular wages during this time. You may or may not be required to continue working. 

Notice of reassignment

You have 2 days to accept the offered position or elect recall (18.5.2)

Waiving recall rights and taking severance

You can give up recall rights within 21 days of your written notice and accept severance (Article 18.8.1). This terminates your employment with the College.

Recall

If you choose to be placed on the recall list, or a new position is not available when you are given notice, you may spend up to 12 months on the recall list (Article 18.6).

Layoff articles in the Full-Time collective agreement do not apply to Appendix D or Initiative/Opportunities (IO) employees. 

Notice is given to the Local
The Local is notified at least 14 days before written notice is given to an affected employee (Article 15.2)

Written notice to the Full-Time employee
The 90 (calendar) day notice period begins from the day you receive notice (Article 15.3.5.2). You are entitled to all regular wages and benefits during this time. You may or may not be required to continue working. 

Electing redeployment or severance
You have 5 days to choose to be redeployed or accept severance from the day you receive written notice. Accepting severance terminates your employment with the college. 

• Redeployment - You will be asked to provide an updated resume and skills portfolio to support the redeployment process.

• Severance - You will be paid a severance amount, unused and accrued vacation days, and any remaining wages in the 90-day notice period. 

Waiving recall rights and taking severance
You can give up recall rights within 21 days of your written notice and accept severance. This terminates your employment with the College. (Article 15.5.1 and LOU Article 15.5.1 - Severance Pay) 

Redeployment to a new home position
If your new home position has a lower payband than your previous position, you are entitled to 90 days at your previous rate of pay (Article 15.4.7), after which you receive the rate of pay of your new home position at the closest step progression that doesn't exceed your previous rate of pay.

Recall
If a new home position is not available when you receive notice and you choose redeployment, you are placed on the recall list. 

• Less than 2 years continuous employment - up to 12 months on recall

• More than 2 years continuous employment - up to 18 months on recall

You aren't prohibited from working elsewhere while on recall. 

• You must respond to a redeployment notice within 7 days, or you will lose your seniority. (Article 15.10)

• If you accept a redeployment position but fail to return to work within 10 days, you will lose your seniority. (Article 15.10)

You are entitled to career counselling, job search assistance, and retraining through existing College services.

Consideration for Non-Bargaining Unit Work (Article 15.7.4)
If you have more than 5 years of seniority and are participating in Retraining under Article 15.7, you can request to be considered for work at Mohawk outside the FT Support Staff unit during non-study periods.

Postings at other colleges
The college will assist you in preparing a portfolio to facilitate placement in appropriate vacancies at another college.

Should the College with the vacancy hire you through this process, you will retain all past service for benefit entitlement and vacation only. This is NOT credited towards probation or seniority.

The hiring College may start you at a step higher than the start rate on the appropriate payband.

Participation in retraining may impact your ability to claim Employment Insurance. Check with Service Canada before enrolling in any educational/training programs through ANY institution.

You are entitled to participate in courses offered by Mohawk for a fee of $20.00 plus ancillary fees and the cost of course materials. You must meet the admission requirements and are subject to academic policies.

You're entitled to retraining for 3 years from the notice date or until you are recalled.

If you are recalled, but have not completed a course you're enrolled in, the College must consider ways to enable you to complete the training.

The Employment Stability Fund pays for retraining.

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.

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

Note: Co-op students working with the college on work terms are not members of the union.

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)

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 PNRK 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)

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)

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)

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%

You will be paid 1.5 times your hourly rate for each hour of work in excess of 40 hours each work week. (Article 9.5)

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

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.

You will be paid overtime at 1.5 times your hourly rate for all authorized work that you perform (Article 6.6.1):

• 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.

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. (Article 6.6.2)

• 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.

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

Lieu Time only applies to the Full-Time Collective Agreement.

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.

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