'APPENDIX 4'
Memorandum of Agreement
Between
The University of Saskatchewan
And
CUPE Local 1975
Re: Casual Facilities & Program Assistants (FAPA), College of Kinesiology

In consideration of the changes brought about by the opening of the Physical Activity Complex (PAC), College of Kinesiology, and the interests of the parties to address those changes in an amicable manner, and the Employer's agreement to voluntarily recognize certain casual employees being within the scope of the CUPE Local 1975 bargaining unit, and the College's desire to maintain levels of service in the PAC, the parties hereby agree to the following:

1. Those casual employees of the College of Kinesiology who are not Academic Student Assistants and who are primarily University of Saskatchewan students and who are performing work of the CUPE Local 1975 bargaining unit shall be members of the said bargaining unit.

2. These employees shall be known collectively as Casual Facility and Program Assistants, hereinafter referred to as Casual FAPA.

3. All Casual FAPA will be considered to be casual employees. Casual employee shall be defined as: an employee who is appointed to work that, due to its nature, cannot be scheduled, anticipated or projected or is work of very limited duration or is term work for a specific period of time less than four months in duration.

Payment for Casual FAPA may be on either an hourly or monthly basis. Benefits will be paid in accordance with the Labour Standards Act. Article 10 of the Collective Agreement will apply only insofar as it relates to casual employees.

4. In this MOA, the word 'term' shall refer to the four academic terms which comprise an academic year at the University of Saskatchewan.

5. While Casual FAPA are not Academic Student Assistants, the parties have agreed that the Academic Student Assistant rates in effect which are established by the University's Board of Governors will apply to the Casual FAPA. Those rates of pay are attached hereto at Schedule 'B'.

6. Casual FAPA will include the classifications listed in Schedule 'B' and any other classifications as may be agreed to by the parties in the future.

7. The Casual FAPA rates of pay set out in Schedule 'B' will remain in effect subject to any increases to Academic Student Assistant rates made solely at the discretion of the University's Board of Governors. Should the Board of Governors establish new Academic Student Assistant rates superior to those provided in Schedule 'B', the superior rates shall become applicable to Casual FAPA on their effective date and a revised Schedule 'B' will be executed forthwith. [It is further agreed that in the event the parties negotiate FAPA rates alternative to the Academic Student Assistant rates, the negotiated rates will become the revised Schedule 'B' with an effective date determined by the parties.]

8. Aquatics Instructors who have completed four (4) terms in which they work at least 35 hours per term in the classification will be eligible to receive a swimsuit allowance. For purposes of implementation, hours worked will be credited as of the start of Term 2, 2005 W (01/01/2005).

The allowance will be paid once per eligible employee per calendar year provided that the requirement for minimum hours worked per term is met. The four (4) qualifying terms need not be consecutive.

Swimsuits must meet [reasonable] criteria established by the College. Proof of purchase must accompany all requests for payment of the allowance. The allowance will be:

• Men: $40/calendar year
• Women: $80/calendar year

9. Hours of work for FAPA aquatic staff in the classifications of Leadership Class Instructor and Instructor will be scheduled such that 160 hours will be averaged over 4 weeks. Overtime will not apply until such time as the hours worked exceed this amount over the 4 week period. This provision applies only to those persons noted above and only in the delivery of the following Royal Lifesaving Society or Red Cross programs:

• Water Safety Instruction
• National Life Guard Service
• Aquatics Emergency Care/CPR
• Life Saving Instructor
• Other programs as mutually agreed

Although time off is provided for breaks, lunch and dinner, staff will continue to receive regular pay through any break time as well.

Paragraph 9 will be considered to comply with The Labour Standards Act.

Schedule "A" Casual Facilities and Program Assistants Applicable Provisions of the U of S - CUPE Local 1975 Collective Agreement

NOTE: Articles applicable to the University of Regina shall not have any application in this MOU whatsoever.

Article 1 - Scope
Article 2 - Management Rights
Article 3 - Union Recognition
Article 4 - Union Security
Article 5 - Joint Consultation
Article 6 - Use of Employer Premises
Article 7 - No Discrimination
Article 10 - Seniority (only insofar as it refers to Casual employees)
Article 13 - Discipline
Article 14 - Grievances
Article 15 - Leave of Absence (Casual Union Leave only)
Article 16 - Holidays (only insofar as it refers to Casual Employees)
Article 18 - Sick Leave (18.10 and 18.12 only)
Article 20 - OH&S (excluding 20.7.1)
Article 21 - Harassment Prevention
Article 22 - Miscellaneous (excluding 22.4 and 22.8)

Schedule "B"
RATES OF PAY
Casual Facilities and Program Assistants

* Aquatics Guards and Aquatics Instructors will move to the next increment upon completion of four (4) terms. Terms do not need to be consecutive nor adjacent. A minimum of 35 hours per term must be worked to receive credit.