BPSU is the Union.   The Union is the bargaining unit for employee contracts, benefits, employment rights and conditions, and the mediator of grievances between the employee and the employer, Bermuda College.

Every three years a new contract is negotiated between the entities, The BPSU and   Bermuda College.   This is called the Collective Bargaining Agreement (CBA).

Here are some important facts you should know about your Bermuda Public Services Union:

https://www.bpsu.bm/important-facts

The following Articles 1-6 of the Collective Bargaining Agreement (CBA),   appended below, give an overview of the Bermuda Public Services Union (BPSU):

AN AGREEMENT Between the Board of Governors of the Bermuda College (hereinafter referred to as

“The Board” or “The College”) and the Bermuda Public Service Union (hereinafter referred to as “The Union”) representing the Faculty and Support Staff at Bermuda College.

PREAMBLE The primary goal of the Bermuda College is student success. The parties to this

Agreement, recognize that the efforts of the Faculty and Support Staff are key to student success and pledge themselves to that end. The Staff and Faculty at the College will work together to find ways of increasing student success. These may include, but are not limited to, curricular changes, better student placement methods, better instructional equipment, and professional development for Faculty and Support Staff. Any and all methods of increasing student success will be explored so long as they are consistent with reasonable academic standards.

ARTICLE 1 PURPOSE

1) In order for Faculty and Support Staff to facilitate student success, this Agreement regulates salaries, hours of work, and other conditions of employment in order to advance student success, protect and advance the general welfare of Faculty and Support Staff, ensure good relations between Faculty, Support Staff and the Board, secure prompt and fair disposition of any grievance which may occur during the course of those relations, and achieve the highest level of efficiency consistent with a sound policy for education at the College.

2) The Board and the Union recognize that this Agreement imposes serious duties and responsibilities which at all times must be faithfully observed, and both parties pledge themselves to promote within the framework of the Agreement the establishment and continuance of harmonious relations between the Board and its Faculty and Support Staff for the benefit of the College and its students.

3) Should any Act passed by the Bermuda Government render any Article or provision contained herein null and void, then such invalidation will apply only to that affected Article or Provision. The remaining portions of this Agreement shall remain in force and effect.

ARTICLE 2 RECOGNITION

The Board recognizes the Union as the sole bargaining agent for Faculty and Support Staff in the positions listed in Schedule III for the purpose of collective bargaining with respect to salaries, method of payment, leave, emoluments, sickness benefits, and other conditions of employment.

ARTICLE 3 BOARD’S RIGHTS

1) The Union recognizes the Board’s right to administer the Bermuda College and to direct its Faculty and Support Staff, including the right to employ those Faculty and Support Staff it considers most suitable, to assign and reassign Faculty and Support Staff to specific positions within the College, to transfer Faculty and Support Staff from one Department to another, and to discharge Faculty and Support Staff for cause, subject to the agreed grievance procedure set out in this Agreement.

2) The Board agrees to receive and consider constructive suggestions submitted by any Faculty Member or Support Staff through Joint Consultative Committee (JCC) to improve the working environment and standards of the Bermuda College.

3) Initial contact on union-related matters will be via the on-campus Union representative (Division 14 Chairperson).

ARTICLE 4 UNION’S RIGHTS

1) The Union shall have the right to put forward applicants for consideration for employment at Bermuda College and to represent its Members on all matters pertaining to their employment.

2) The Board shall provide notice boards in a convenient place for the posting by accredited Union Officers of material and notices for the conduct of Union affairs.

3) The Board agrees that no employee shall be penalized, intimidated or coerced, including those holding positions of responsibility, by reason of being a member of the Union, or acting as an officer or representative of the Union.

4) In the interest of promoting harmonious labour relations, the Union and the College agree that the Chairperson of Division 14 of the BPSU needs to be readily available to assist employees and communicate with the College Executive.

5) The College, therefore, agrees to reduce the workload of the Chairperson of Division 14 of the BPSU by 20% during non-negotiating years and by 50% during negotiating years.

6) To be eligible for nomination as a shop steward, employees must have successfully completed their probationary period.

7) In either case, the College employee serving as Chairperson shall continue to receive his/her full regular salary and all the benefits normally provided to all full-time employees.

ARTICLE 5 JOB VACANCIES

1) All vacancies will be posted for a period of five working days on official College notice boards and distributed electronically inviting employees to apply prior to those vacancies being advertised externally.

2) The College agrees to notify the Union, five working days before the post is to be advertised internally, of the proposed creation of any new job titles within the bargaining unit.

3) It is agreed that no person shall act in a vacant post for a period in excess of six months without the post being advertised.

ARTICLE 6 APPOINTMENTS

All appointments to positions at the Bermuda College shall be recommended to the

President through the appropriate member of the Executive, and by the Head of the Department in which the new appointee works. (See Organisation Chart on Page 5). Terms of appointment and conditions of service shall be in conformity with this Agreement. Terms of appointment and conditions of service not covered in this Agreement shall be in conformity with the individual employment contract between the employee and the Board. Terms of appointment and conditions of service not covered in this Agreement or in individual employment contracts will be in conformity with the Bermuda College’s Code of Conduct and Guidelines.

The Trade Union and Labour Relations (Consolidation) Act 2020

As a result of The Trade Union and Labour Relations (Consolidation) Act 2020, the College was required to make changes to its payroll, thus, affecting employees who, at that time, contributed their Agency Shop dues 100% to Charity.

For context, the Act was passed in an effort to strengthen the rights and obligations of employees and employers in Bermuda. As such, The 2020 Trade Union and Labour Relations (Consolidation) Bill was passed into law, to be effective: 1st June, 2021. The new legislation affected some provisions in the College’s Collective Bargaining Agreement and some clauses in the existing contract of employment.

An amendment has been made to the “Agency Shop Rules, affecting employees who make contributions to Charities”.   Therefore, effective 1st June, 2021, Agency Shop contributions are now designated:

100% to the Union;

OR

50% partial contribution to Charity and 50% to Union