Article 28.02 b.i clearly states that “the employees of each department or library division, under guidelines of this Article, shall decide which form of work week they will work subject to the approval of the Department Head.”
So in other words, you get to decide which form of work week you would like to work (outlined in 28.02 [C]).
What does the employer have to consider?
There are 8 pieces of criteria your manager has to consider when granting or denying your flex time request. They are laid out in 28.02 b.v :
Whether the desired form of work week would have a significantly detrimental impact on the levels of timely service by the Department to faculty, administrators, students and the public:
the interests of (including the nature of the reasons put forward by) staff for implementing the desired form of work week;
impact of work flow;
predictability of work flow;
interchangeability of the work force;
whether a potential detrimental impact can reasonably be accommodated by the organization or reorganization of work or by other means;
relative costs of the forms of work week;
effective use of human and other resources.
What kinds of work week can I pick?
Seven (7) hours per day, five (5) days per week;
Eight and three-quarters (8 ¾) hours per day, four (4) days per week;
Seven and three-quarters (7 ¾) hours per day, nine (9) days per two-week period (also referred to as a nine (9) day fortnight); and
Eleven and two-thirds (11 2/3) hours per day; three (3) days per week (only available to shift workers on a 24 hour operation).
Can I bank my flex days?
There is no provision in the collective agreement to bank flex days.
I asked for flex time and my manager said no, what should I do next?
The union should have received notice that your flex time request was denied. Your manager is obligated under 28.02 B ii to provide a written response, copied to the union on the denial.
Call or email the union office to ensure that we have been informed. We can provide options on how to move forward.
I don’t agree with the reasons my manager provided to deny my flex time request, what can I do?
The grievance committee looks at each denied flex time request received.
If the reasons to deny your request look weak or unreasonable, the committee will file a grievance. A grievance is not scary! It’s a problem solving mechanism where the union and the employer sit in a room to come to a solution.
Can my manager take my flex time away?
The Department Head may withdraw the previously approved form of work week, in a number of circumstances involving significant change in the workplace. The change has to be considered fully, and not be made arbitrarily.
Six (6) weeks notice is required which shall include the reasons for change. (article 28.02 [b.iv]).
Contact the Union, as the matter will be subject to the Grievance Procedure (outlined in Article 35 of the collective agreement).
When I interviewed for my job, they said no flex time – is there anything I can do?
Management does not have the right to make that decision on your behalf.
We recommend that you get through your probation/orientation period so that you are familiar with the full scope of the job before requesting to work a flex schedule.
“Our department doesn’t have flex time.”
There is no University wide policy that denies flex time. In fact, that is a clear violation of the collective agreement as each CUPE 2950 employee gets to determine their form of work week.
Where in the collective agreement can I find flex time?
Article 28.02 (Work Day and Work Week) – pages 26-27 in the printed collective agreement.
