Invigilator Collective Agreement 101

After a year and a half of negotiations, Invigilators approved the tentative agreement reached between the Invigilator Bargaining Committee and McGill University at the November 17, 2022 assembly! The new Collective Agreement was signed on April 5, 2023, and is now in effect!

 

We have summarized the main points of our Collective Agreement below. If you ever need clarification or have an issue with your workplace rights, contact the Invigilator Grievance Officer at grievance.2@agsem-aeedem.ca! Consult the full version of the Collective Agreement here.

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1. Membership Form:
   The union membership form can now be signed online. Please complete the online membership  form after training or before your first shift for every semester you work for any department/hiring unit.
    

2. Applying for a job:

   • Application Period: You have 10 calendar days to apply for final exam invigilation positions after they are posted. All invigilation positions must be publicly posted on a centralized website, such as Workday.

   • Hiring priority: Previous invigilation experience at McGill gives you hiring priority. Top hiring priority is given to those who have passed their probation period in the hiring unit. Next, priority is given to those with any previous experience in the hiring unit, then to those with experience invigilating elsewhere at McGill. If in your opinion your application is rejected in favour of someone with a lower hiring priority, you can reach out to the invigilator grievance officer to raise your concerns and further investigation. See section 11 for more details.

   • Loss of hiring priority: An employee who fails to notify their immediate supervisor without a valid reason for their absence on two occasions in an Academic Term at the latest one business day prior to the assigned examination shift, will lose all hiring priority for the next term/semester. See below for more details.
      

3. Rate of Pay: 

   • The invigilator wage as of May 1, 2023, is $16.50 plus 6% vacation. Wages will increase on May 1 of every year until the Collective Agreement expires in 2025.

   • Overtime Premium: If you work more than 40 hours in a week at all jobs at McGill, including invigilation, please inform your supervisor of the hours and get their confirmation since you are entitled for an overtime premium of 50% if you worked more than 40 hours. 

   • Reporting Other Job Appointments: To ensure compliance with the overtime premium requirement, you are required to disclose any other job appointments you hold at McGill on your application form. This allows the University to accurately track and compensate for cumulative hours worked.
      

4. Training:
   Every invigilator is entitled to paid training before they begin their first appointment in that hiring unit for every semester. Invigilators will be compensated at the standard rate for the length of the training session. Invigilator duties and responsibilities will be clearly stated during the training sessions organized by the hiring unit. Any additional instructions specific to a given exam will be provided at the beginning of a given shift.
    

5. Shift length and breaks: 

   • Provision of Equipment and Resources: The employer is responsible for providing invigilators with all the necessary resources and materials required to perform their duties effectively.

   • All invigilation shifts need to be at least one hour longer than the length of the exam (e.g. 4 hours for a 3-hour final exam). If you have not received training before your first shift, you must also be given time before the start of your shift for training.

   • Unless unusual circumstances make it impossible to do so, you must be given a 15-minute paid break for every consecutive four hours you work, in addition to a 30-minute unpaid lunch break for every 8 hours you work within a single day. 

   • Paid Breaks: If unable to take a paid break, inform your supervisor since invigilators will receive an additional 15 minutes' worth of pay for that shift. Following confirmation from the supervisor, add this directly to your timesheet on Workday.

   • If you are scheduled for a shift, you cannot be asked to give it up because too many people have been scheduled. 

   • If you are unable to make your scheduled shift, make sure to inform your supervisor as soon as possible and at least one business day in advance of the start of the shift (unless in case of emergency or other justified absence). Failure to do so may result in loss of hiring priority for next term.
      

6. Probationary Period:
   Under the new Collective Agreement, invigilators pass their probation once they have worked a total of 25 hours in the hiring unit.
    

7. Leaves of Absence:
   All invigilators are entitled to a number of unpaid leaves (as well as paid bereavement leaves). Unpaid leave is available in cases of illness, as well as to attend an academic conference if requested by your supervisor at McGill, provided that you give notice before the beginning of your shift. Unpaid leave means that you cannot be penalized for missing work, and will be allowed to accumulate hiring priority.
    

8. Unexcused Absences / “No-Shows”:
   If an invigilator fails to inform their supervisor at least one business day in advance or is absent for an exam shift without notice, they may lose their priority status for future hiring in that unit. However, in emergency situations, invigilators are allowed to be absent without providing one business day's notice. Prompt communication with the supervisor is essential in case of lateness or absence.
    

9. Disciplinary measures: 

   • Verbal Warning: The employer is encouraged to provide a verbal warning before taking formal disciplinary action. 

   • Notification: The employer must inform the union and the employee in writing within 45 calendar days of becoming aware of the incident that resulted in disciplinary measures, such as a written reprimand, suspension, or dismissal.

   • Disciplinary Meetings: At least 2 business days' notice must be given for disciplinary meetings. Both the employee and the union will receive written invitations, and the employee has the right to be accompanied by a union representative. Contact the Invigilator Grievance Officer if you receive a disciplinary meeting request.

   • Removal of Disciplinary Measures: Previous disciplinary measures will be removed from the employee's file if there are no further incidents within 12 months. 

   • Access to Employment File: Employees have the right to request and review their entire employment file, and the request will be processed within 14 calendar days.
      

10. Accommodations: 

    • Employees with disabilities can request accommodations for any part of the application process or during their appointment. 

    • Contact Information: Employees needing accommodations can reach out to the Hiring Unit Designee or the Disability Management Team in Pensions & Benefits (Human Resources) at disability.hr@mcgill.ca.

    • Confidentiality: Employment files that contain information about an employee's disability and accommodations will be treated as personal and confidential information, ensuring privacy and respect for the employee's rights.
       

11. Protecting your rights: Grievance Process

    • The grievance process completely respects your right to privacy and anonymity. All discussions and information shared are confidential and will not be shared with anyone unless the invigilator agrees to do so during the grievance process. Consider this process as a way to better understand your working condition. 

    • Contact us at grievance.2@agsem-aeedem.ca as soon as you know your rights have been violated, need advice, or want a better understanding of the grievance process. Invigilators no longer need to inform their immediate supervisor to file a grievance when their rights are violated.

    • Timeframe: The union has 40 calendar days from the knowledge of the issue to pursue recourse with a grievance. The grievance must be filed within 6 months of the last incident. 

    • Withdrawal of Grievance: You have the right to withdraw a grievance at any time, for any reason.
       

12. Additional Provisions against Harassment, Discrimination and Sexual Violence

    • The Collective Agreement now contains explicit protections against discrimination in the workplace, including systemic discrimination based on gender, sexual orientation, gender identity and expression, race, religion, Indigenous identity, ethnicity, disability or class.

    • Timeframe for Filing: Any grievance related to harassment, discrimination, or sexual violence can be filed within 2 years from the date of the last incident.

    • Reporting Options: Employees have the right to initiate a report under University Policies and file a grievance under the Invigilator Collective Agreement simultaneously.

    • Union support: Throughout the entire process of a grievance, disclosure, report, or complaint, employees have the right to be accompanied by their Union Delegate.
       

13. Right to refuse unsafe work:
    You have the right to refuse work that poses a risk to your health, safety, or physical well-being, as well as the health and safety of others. 

• Exception: You cannot refuse work if your refusal would immediately endanger the life, health, safety, or physical well-being of someone else. 

• Contact information: To refuse unsafe work, you must inform your supervisor or a representative of McGill about your refusal and explain the reasons behind it. It is recommended to communicate your refusal via email, copying AGSEM (grievance.2@agsem-aeedem.ca). 

• Involvement of AGSEM and McGill: McGill will contact AGSEM, your labor union, if a resolution cannot be reached. AGSEM may request the intervention of a Commission des normes, de l'équité, de la santé et de la sécurité du travail (CNESST) inspector to assess the situation and determine if the refusal is justified. 

• Inspector's Decision: The inspector's decision is effective immediately. However, McGill, AGSEM, and you have the option to request a review of the decision by the CNESST if desired.