September 2014
Volume 3, Issue 9
@WORK
Is NASA a Real Union?
Many people often assume that because NASA, the Non-Academic Staff
Association, contains the word ‘Association’ in its title that NASA is not a
real union. This is definitely not true. NASA is a real union.
NASA was certified with the Public Service Labour Relations Board in 1978
to be the exclusive bargaining agent for support staff employees at the
University of Alberta. Article 3.01 of the Common Provisions in the NASA
Collective Agreement states:
The Employer recognizes the University of Alberta Non-Academic
Staff Association (NASA) as the exclusive bargaining agent for the
unit of employees described in the Public Service Employee
Relations Act Certificate #10-78 as “All Employees of the Board of
Governors, the University of Alberta, when employed in general
support services”.
So, what does that mean?
Labour Relations legislation defines ‘bargaining agent’ as a trade union
that acts on behalf of employees in collective bargaining and/or is a party
to a collective agreement with an employer. Furthermore, a trade union
is an organization of employees that has a written constitution, rules or
bylaws and includes as one of its objectives the regulation of the relations
between employers and employees. NASA has the same responsibilities,
obligations and duties in fairly representing the interests of the
(Continued on page 2)
Inside this issue
The Rand Formula ...................... 2
Errors & Overpayments ............. 2
Time Matters .............................. 3
Executive Information……………….4
P AGE 2
Is NASA a Real Union?
(Continued from page 1)
employees it represents and is held accountable to the same standards and laws as other unions.
As the exclusive bargaining agent, the employer and employees have an obligation not to make side
deals or agreements that contravene the Collective Agreement (please see @ Work article from
March 2014 for further information).
The Rand Formula
There are costs associated with operating a union which is why unions need to collect dues. In
Canada, the way union dues are paid by workers to their union happens as a result of a Supreme
Court Decision from 1946. At the center of the decision made by Court Justice Ivan Rand was the
recognition that unions act as the bargaining agent for all unionized workers at a worksite and that all
those who benefit from collective bargaining and the union’s contract should pay dues, regardless of
membership status. Justice Rand’s decision further required employers to deduct these dues from all
employees’ paychecks and provide those monies to the union. This has become known as the Rand
Formula.
It is important to know that the amount of dues union members pay is set democratically by the
union’s membership. The collection of dues is a way of pooling resources to enable the union to
meet the demands of member representation.
What You Need To Know About Errors & Overpayments
If you are overpaid or your vacation hour bank is not deducted properly this month, the Employer
retains the right to correct these errors in their administration without a time limit.
The Collective Agreement (under Salaries) recognizes that the University is entitled to recover
overpayment of salary. It is also your obligation as an employee to report these as soon as you
notice them. You and your department can work out the terms of the repayment (the schedule
and amount of the pay back) so that it is not too much of a hardship on you. The sooner these
errors are caught the less likely the correction will have a significant impact on your pay or your
vacation.
For just this reason, you are encouraged to review your Pay Advice on a regular basis, to keep your
own records of Vacation and Illness Leave usage. You should compare these to the records of your
department or what is listed on BearTracks on a regular basis as well.
If you have any questions , please contact your Labour Relations Officer (LRO) at [email protected]
or by calling 780-439-3181.
Time Matters!
P AGE 3
Time is important in dealing
with any employment
concerns you may have.
The Collective Agreement
requires that any concern
you might have needs to be
raised with your supervisor
or department head within
10 business days. This is not
only to facilitate a quick
resolution to the matter but
to make sure that it is dealt
with in a ‘timely’ fashion.
Certainly, if you have pay or
benefit questions, you
should inquire as soon as
you notice the issue.
More than just enabling a speedy resolution, you should be aware that if you accept an incorrect
application of the Collective Agreement or policy of the University, you may lose your right to
formally complain if it was a one-time issue. For example, you may have competed for a new
position, were not successful, and feel you were not treated fairly. If you do not inquire within ten
days of being told you were not the applicant chosen, then you will not be able to question this
recruitment process at a later date.
However, if the situation is ongoing in nature, while you are able to raise your concerns for quite
some time after the situation began, the delay in raising the issue will have an impact on the
resolution of the matter. That is not to say that you cannot get the incorrect application stopped,
but it will, at minimum, have an influence on the effective date of the correction. Depending on
how long an issue has been happening, you may not be able to get a ‘retro’ application of the
correction. The correction may be limited so that it only applies on a go-forward basis. If you have
lost out on compensation or recognition of additional time, then you will not be able to recover
that if there is no backdated application of the resolution. For example, if you attend work-related
seminars during your lunch hours (which is work) or have made some informal agreement on your
overtime with your supervisor (in which case, both of you are violating the Collective Agreement)
and allow this state to continue for some time, then when you raise the issue, it is unlikely that you
will be compensated correctly for past overtime or working through your lunch hours. However,
the right compensation will be applied to you from then on.
Inquiring about your concerns as they arise does not have to be done within your department
(although you are encouraged to do so). If you have questions about the validity of your issue, you
are welcome to contact the NASA office at 780-439-3181 or [email protected] and speak to your
LRO. It may be that you have misunderstood the situation or your entitlement. If it is a matter to
be pursued, you will be guided on next steps.
NASA
CAMPUS MAIL
1200 College Plaza
8215 - 112 Street
Edmonton, Alberta T6G 2E1
Phone: 780-439-3181
1-877-439-3111
Email: [email protected]
http://www.nasa.ualberta.ca/
https://www.facebook.com/supportstaffunion
https://twitter.com/UnionNASA
Editor: Deborah Stewart
@ WORK is published monthly
NASA
Our University Works Because We Do!
NASA Executive
NASA LROs
Kathy Collins
(Acting Director of Operations)
780-989-6179
[email protected]
Joy Correia—780-989-6186
[email protected]
Rod Loyola, President
(2014 – 2016)
Robert Simpson, Vice-President
(2013 – 2015)
Elizabeth Johannson, Treasurer
(2014 – 2016)
Elizabeth Adolf, Secretary
(2014 – 2016)
Lilian Campbell, Bylaws Chair
(2013 – 2015)
Donna Coombs-Montrose,
Membership Chair (2013 – 2015)
Vacant, Grievance Chair
(2014 – 2016)
Sally-Ann Mowat, Reps Council Chair
(2014– 2015)
Andy Lenz—780-989-6175
[email protected]
Gerrie Rajotte—780-989-6182
[email protected]
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