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Committee on Contract Administration

Members

Chair - Brian Chutter, Post-Secondary Employers' Association, 
LRAC Representative - Vacant
LRAC Representative - Sonja Kennedy, Camosun College
LRAC Representative - Vacant
SFAO Representative - Vacant

Purpose

  • To act as an advisory committee to the Labour Relations Advisory Committee (LRAC) and the PSEA Secretariat on contract administration issues for both faculty and support staff at all member institutions and to assist in identification of common areas of concern.
  • To identify contract administration issues and trends that may be relevant to collective bargaining, provide advice, and make recommendations to LRAC in support of the collective bargaining process. To keep the LRAC informed of issues coming before JADRC and allow input from the LRAC members on the appropriate interpretation of language in dispute as well as possible impacts on various LRAC members if certain interpretations are adopted by the JADRC.
  • To provide the five (5) employer representatives on the Joint Administration and Dispute Resolution Committee (JADRC) created pursuant to the Faculty Common Agreement (FCA)*.

*The JADRC's mandate in the FCA Article 3.2 is to undertake jointly with the union(s) tasks related to FCA administration and dispute resolution including:

  1. Assisting in the administration of the collective agreements
  2. Providing a forum for dialogue between the parties respecting issues impacting labour relations
  3. Providing a means for resolving issues pertaining to the implementation, interpretation and resolution of matters arising from the FCA
  4. Appointing an umpire(s) or arbitrator(s) as applicable for:
    (i) Jurisdictional Disputes Resolving process
    (ii) Suspension and Discharge Grievance Resolution
    (iii) Common Agreement Dispute Resolution
  5. Developing strategies to reduce arbitration and related costs.

Membership

Members of the CCA shall be appointed by the PSEA CEO and will normally be comprised of:

  • The PSEA representative designated by the PSEA CEO, who shall also be the employers' spokesperson at the JADRC
  • One member of the Senior Financial Administrative Officer (SFAO) and
  • Three members of the LRAC at large.

The term of appointment shall normally be for a three year period. Alternates may attend CCA meetings with the permission of the PSEA CEO and the CCA Chair, on a case by case basis. Notwithstanding the normal three year term of appointment, whenever a new Faculty Common Agreement is ratified the PSEA CEO will review the membership of the CCA and appoint new members insofar as that may be required for the employers representation on the JADRC.

Employer members of the JADRC will be appointed from amongst the members of the CCA. Appointment will be by the PSEA Board on the recommendation of the CEO.

Chair

The Chair shall be elected for a one-year term (September to August) by the CCA members.

Quorum

A quorum shall be a simple majority of the members appointed to the CCA.

Minutes

A summary of the proceedings of the Committee shall be maintained by PSEA.

Tasks & Responsibilities

In addition to and consistent with the statement of purpose, above, the tasks and responsibilities of the CCA shall include but are not necessarily limited to:

  • Advising the LRAC and coordinating, where appropriate, the ratifying employers local administration of the Common Agreement, as well as all employers local administration of provisions that are substantially similar to those at one or more member institutions.
  • Providing advice and recommendations to the PSEA CEO and the LRAC on contract administration and dispute resolution issues as required. Assuming a proactive role in preparation for collective bargaining and reporting to the LRAC as appropriate.
  • Acting as employer representatives to the JADRC.

In carrying out these responsibilities, the CCA will inform the PSEA CEO or the CEO's designate in the PSEA Secretariat (Designate) and the LRAC of issues likely to come before the JADRC for resolution. The CCA will seek input from the PSEA CEO or Designate and the LRAC regarding the proposed interpretation of the FCA language in dispute and advise as to the impact on the individual institutions of any of the suggested interpretations.

The process for coming to an employer-side interpretation is:

  1. When a difference in interpretation of the FCA arises, an employer will advise the PSEA CEO or Designate and the Chair of the CCA of the potential JADRC issue(s) and will detail the differences in interpretation between the employer and the union.
  2. The PSEA CEO or Designate will ensure that the other institutions are advised of a potential dispute and seek input, which the PSEA CEO or Designate will forward to the CCA.
  3. The CCA will discuss and arrive at an appropriate interpretation. The CCA will attempt to reach consensus on issues. Failing a consensus, a majority vote will prevail.
  4. The Chair of the CCA will advise the PSEA CEO or Designate of the decision.
  5. The CCA members representing the employers at the JADRC will then subsequently represent the agreed-upon employer position in that forum.
  6. If, at the conclusion of a JADRC meeting, the employers representatives change their view on the outcome of the dispute, they will advise the PSEA CEO or Designate and the remainder of the CCA.
  7. The employers representatives on the JADRC will seek consensus of the CCA prior to making a decision as to a revised employer interpretation.
  8. The PSEA CEO may appoint a labour relations expert and/or legal counsel to assist the CCA, and may refer any issue for broader discussion at the LRAC, at any point in the process.

Support

The PSEA Secretariat under the direction of the PSEA CEO will provide the support necessary to carry out the purposes of the CCA.

Expenses

The approved expenses incurred in carrying out the purposes of the CCA will be reimbursed by the PSEA at rates prescribed by the PSEA Board of Directors.