For more information about the duty to consult, review the below documents.
Sometimes, it is necessary that work or services on campus be performed by a contractor. A contractor is not an employee but rather an individual or business that provides services and is paid by accounts payable.
If you are thinking of engaging a contractor to perform work that falls within the scope of the AUPE bargaining unit, the university has a duty to consult with the AUPE. Follow the steps below if you are contemplating the use of a contractor.
If you are considering hiring an individual or a company to perform work at the university as a contractor, you must first consult with your HR Partner or Advisor.
Your HR Partner or Advisor will determine whether the individual providing the services should be classified as an employee or as an independent contractor.
Your HR Partner or Advisor will assist you to determine whether the work to be performed by the contractor falls within the scope of the AUPE bargaining unit. If it does, then the university has a duty to consult with the AUPE before entering into the contract.
The university is required consult with AUPE in respect of new contracts and also where we are expanding the scope of an existing contract or renegotiating, renewing or re-tendering a contract where the university has the option to consider having AUPE members perform the work.
If the duty to consult is triggered, a member of the Employee and Labour Relations team will assist you through the process.
As a first step, an Article 50 Consultation letter will be prepared outlining the proposed use of the contractor and inviting the union to meet and consult.
Employee Labour Relations will then schedule a consultation meeting with the AUPE and, in conjunction with Human Resource Services, will support you through the process.