MaPS Exclusion Review
On July 1, 2022, it was determined that Alberta post-secondary institutions are required to follow the Alberta Labour Relations Code for bargaining unit exclusion criteria, replacing the criteria previously set out in the Public Service Employee Relations Act. The exclusion criteria determine which positions are appropriately in or out of a union.
Furthermore, during the most recent round of bargaining the university and the Alberta Union of Provincial Employees (AUPE) Local 052, agreed to renew a Letter of Understanding (LOU) #9 re: University-Union Exclusions Review, which can be found in the AUPE Collective Agreement. We will be referring to this as the MaPS Exclusion Review. Throughout this review MaPS positions will be assessed for exclusion from the bargaining unit using the criteria laid out in the Alberta Labour Relations Code.
Human Resources (HR) and Employee and Labour Relations (ELR) are co-leading this review which will take several months to conclude. No MaPS positions will be included in the bargaining unit until all positions have been jointly reviewed and agreed upon with AUPE. Managers and MaPS who may be affected by this legislative change will be consulted and/or informed throughout the review process.
As part of this review process and prior to including any MaPS positions in the AUPE bargaining unit, the university expects to reach an agreement with AUPE that will address specific entitlements such as seniority, vacation and planned retirements amongst other considerations.
We are at the beginning stages of this process which will take many months to complete, and no changes to positions will occur until the process concludes.
Although the university will attempt to adhere to the following timelines, they are subject to change.
|Week of October 31, 2022||
Email notification to Senior Leadership (SLT)
Email notification to leaders of MaPS
Email notification to all MaPS
|Week of November 7, 2022||Notification to leaders with positions initially identified as having no exclusion criteria|
|November 10, 2022||Disclose list of MaPS positions to AUPE|
|Week of November 14, 2022||Notification to MaPS in positions initially identified as having no exclusion criteria|
|TBD||Joint consultation between the university and AUPE|
|TBD||Mapping, consultation with leaders, and calibration|
|TBD||Implementation (may take up to six (6) months)|
|TBD||Effective date for inclusion in AUPE bargaining unit|
Frequently Asked Questions (FAQs)
Questions will be added/revised as new information becomes available.
The university and AUPE agreed on a process in the 2018 round of negotiations to review certain MaPS positions. However, changes to the legislation and the COVID-19 pandemic resulted in the project being put on hold. In this most recent round of negotiations, the parties agreed to Letter of Understanding #9 which effectively recommences the review process. Given the time that has passed, much of the previous work will need to be re-done.
Effective July 1, 2022, non-academic positions at Alberta post-secondary institutions are subject to the exclusion criteria set out in section 1(1)(l) of the Alberta Labour Relations Code.
Generally, those who perform managerial functions, are employed as a medical, dental, architectural, engineering or legal profession, those employed in a confidential capacity relating to labour relations, and those employed in farming or ranching operations are legally excluded from the bargaining unit.
We are at the beginning stages of this process, which will take many months to complete. An exact timeframe for completion of this process is not known and will be contingent on a number of factors including the level of discussion and analysis that is required for each position through the joint consultation review process with AUPE. No changes to positions will occur until the process concludes. Within six (6) months of the final determination being made those positions designated as AUPE will be transitioned into the bargaining unit.
As per the LOU #9 of the AUPE Collective Agreement, the scope of the review is limited to the following MaPS classification:
- Operational and Administrative Support
- Technical Professional
- Management Level 1 (M1)
Positions classified as M2, M3 or M4 are not part of this review.
The review is a joint process involving Human Resources and Employee and Labour Relations representatives from the university and representatives from AUPE.
University representatives will conduct an initial review and disclose initial lists of positions appropriate for inclusion in the bargaining unit and positions appropriate for continued exclusion to AUPE, based on the criteria set out in the Labour Relations Code. It is expected that the parties will spend considerable time reviewing and discussing the list of positions appropriate for continued exclusion. If the parties are unable to reach consensus on this list, any disputed positions may be referred to an independent arbitrator for a final determination.
The university is committed to transparency and providing timely communications to all MaPS employees on the process and expected timelines.
Those employees who occupy MaPS positions that are initially identified as not meeting the legislated exclusionary criteria will be notified the week of November 14. Please note, if your position is initially identified as not having exclusionary criteria, it does not necessarily mean that your positions will be transitioning to AUPE as further analysis may be required.
MaPS positions that may have exclusionary criteria will also be reviewed through the joint consultation process. If your position is determined to not have any exclusionary criteria through the consultation process, you will be notified upon conclusion of that review.
In any event, no positions will be transitioning until within six (6) months after all MaPS positions have been jointly reviewed and agreed upon, which will take considerable time to conclude.
The university is currently conducting a data collecting exercise which includes reviewing existing job profiles and are following up with leaders where necessary. If you have any feedback regarding your position, please discuss with your manager. Individual employees may also be engaged during the review process with AUPE where additional information is required to make a determination. Throughout the process, the university is committed to providing timely updates and communications to all impacted MaPS employees.
A communication will be sent to all MaPS employees at the conclusion of the joint review process. The employees that will be transitioning into the AUPE bargaining unit will receive an individual letter outlining next steps.
Employees whose position is transitioning into the AUPE bargaining unit will be mapped to an appropriate job family and/or phase in the AUPE collective agreement. If an appropriate job family and phase does not exist, the Employee will be maintained within their current pay range until a new classification and pay grade has been negotiated. Any MaPS employee whose salary exceeds the maximum of their new job family and phase in the AUPE collective agreement will be “Green-circled”, which means that their salary will be maintained, and they will continue to be eligible for any negotiated salary increases.
Those employees will fall under the full terms of the collective agreement.
During the review, employees who believe their position has been improperly identified for inclusion in the bargaining unit may request an explanation from HR (Human Resources) along with any additional relevant information to support continued exclusion. Keep in mind that only those employees performing managerial functions, acting in their capacity as an exempted regulated professional (engineer, architect, physician, dentist, lawyer), employed in a confidential capacity in matters relating to labour relations, or employed on a farming or ranching operation will meet the legislated exclusion criteria. Any determination made is based on the university complying with its legal obligations under the Labour Relations Code.
Due to the necessary legal compliance, it is important to know that the final determinations of the positions through the joint consultation process are binding.
The FAQs will be updated periodically so please check back to the website throughout this process. You may also contact your leader if you have questions.