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Summary of Ratified Collective Agreement Changes

Summary of Ratified Collective Agreement Changes

March 28, 2022

Articles to remain essentially status quo, aside from issues addressed in the MOU on reorganisation:

1,2,3,4,7,8,9,10,11,13,14,16,17,19,20,21,22,23,24,25,26,27,29,30,32,33

Schedules to remain status quo:

D,E,F,G,H,J,L,M,N,O,P,Q

We have signed agreements to amend 9 Articles:

5 “Recognition” (relationships between ULFA and the BoG),
6 “Communication and Information” (between ULFA and the BoG),
12 “Criteria for Extension of Probation, Tenure, Promotion and Salary Increments for Faculty Members”,
15 “Instructors and Academic Assistants”,
18 “Appointment of Faculty Members” (referenced in appointment provisions for all non-Sessional Members),
28 “Intellectual Property” (the only article signed prior to mediation),
31 “Salary Schedules, Career Progress Increments, Merit Increments and Economic Benefits”,
34 “Sessional Lecturers”,
YY “Equity, Diversity, and Inclusion (EDI)” (currently Schedule R).

We have agreed to delete Schedules C, I, and K (they were no longer relevant).

We have signed MOUs on the following topics:

We have also signed a Return to Work Protocol.

The Mediator has issued a public report with recommendations for:

Schedule A “Salary Schedules and Stipends”
Schedule B “Economic Benefits”

Finally, according to our usual practice, Memoranda of Understanding that have been signed since the ratification of the 2018-2020 Collective Agreement will be appended as Schedules to the new Collective Agreement if they affect groups of Members in an ongoing way.

Highlights, grouped by mandate item from the original bargaining mandate:

Salary and Benefit Erosion

We did not suffer the 4% retroactive rollback the Board originally proposed.
We did not agree that that when floors increase pre-existing salaries should not be bumped upward.
We did not agree to remove the clauses saying that career progress and merit persist for 2 years after the expiry of the Collective Agreement.
8% increase to minimum stipends for Sessional Lecturers I and II effective July 1 2022, from $6212 to $6709 for Sessional I and from $6500 to $7020 for Sessional II. (Mediator’s Report)
10% increase to floors for Assistant/Associate Profs/Professional Librarians II, III effective July 1 2022, followed by 2% increase to Assistant Prof/Librarian II salaries (followed by career progress & merit). (Mediator’s Report)
- The 2% increase applies to all current Assistant Prof/Librarian II salaries, including those of individuals who will be promoted on July 1
1.25% increase to salaries, floors, and ceilings effective April 1, 2023. (Mediator’s Report)
1.5% increase to salaries, floors, and ceilings effective Dec 1, 2023. (Mediator’s Report)
Possible 0.5% increase to salaries, floors, and ceilings in February 2024 retroactive to Dec 1 2023, depending on “gain sharing”. (Mediator’s Report)

Deficiencies in Benefits

EFAP extended to sessionals, terms. (Mediator’s Report)
Dental fee guide increased to 2022 levels (at Member expense). (Mediator’s Report)
Additive tuition benefit for couples. (Mediator’s Report)
Flexible health/wellness benefits spending plan $250/Member/year for all but sessionals (Term <0.5 FTE get pay in lieu)*. (Mediator’s Report)

* details: starts immediately, by calendar year (prorated for 2022), no saving of unused balances, can claim expenses back in following year. Broadly defined wellness (eg parking, transit passes, vet expenses for pets). Choice of tax free health plan or taxable wellness plan.

Workload

We did not agree to proposals that service duties can regularly be assigned.
We did not agree to proposals that service criteria should create a higher bar overall for promotions.
ULFA will receive all policies and procedures about workload on an annual basis in October. (Article 6)
Scholarship of Teaching and Learning can be counted as research/creative work in any discipline. (Article 12)
Instructors have an expectation to conduct research/scholarship if it is directly related to their professional development responsibilities (and approval for Instructor research need not be provided in writing in advance). (Article 15)
Instructor participation in department/faculty meetings counts toward their service assignment. (Article 15)

EDI

We did not agree to proposals to create a “winner takes all” merit system.
ULFA will receive information about any EDI categories on which HR collects information if Members have self-identified and consented to the sharing of that info with ULFA. (Article 6)
SETs can’t be used to compare Members’ teaching effectiveness. (Article 12, Article 15)
Dissemination to appropriate communities is part of research/creative work. (Article 12)
The definition and understanding of service is significantly expanded and detailed, along lines proposed by GEDC, to better recognise work often done by members of equity-deserving groups. (Article 12)
Service to communities that relates to research can be counted as research or service at the Member’s discretion. (Article 12)
Dated terminology of “life style” is removed (as something that should not factor into hiring decisions). (Article 18)
Joint Committee on EDI (JCEDI) is larger, has clearer terms of reference and purpose, and issues broad annual reports. (Article YY)
Regular EDI studies including pay equity studies must be performed, with redress normally within 12 months; the process, scope, and timeframes are decided by the JCEDI. (Article YY)
Accommodation must be meaningful, and can be suggested by the Member. (Article YY)
If documentation is required for a mental/physical accommodation, it is limited to an appropriate Medical Certificate (defined in the CA) and costs are borne by the Board. (Article YY)
Biannual training around accommodation rights and responsibilities is made available to Members and provided regularly to supervisors. (Article YY)
Groundbreaking Indigenous evaluation language has been agreed to, reflecting consultation with all ongoing Indigenous Members, including:
- Recognition of traditional ways of doing and knowing, knowledge, and knowledge production.
- Indigenous Members may report their work according to Indigenous understandings rather than the usual teaching/research/service categories.
- At the option of an Indigenous Member, an expert advisor may be appointed to assist in evaluation of their work. The Member has the right to approve the advisor.
- If a community withdraws consent for the Member’s work, the work to that point is evaluated as if it had reached a successful conclusion. (Article YY)
Equity training including bias training is required for all evaluators at least every 3 years. (Article YY)
Research that does not result in measurable outcomes still has value and is recognised in evaluations. (Article YY)
Switch to gender-neutral language throughout the CA. (MOU on Reorganisation)

Collegial Governance

We did not agree to the limits on academic freedom from the original Board proposal
The rights, privileges, and responsibilities of Members to participate in policy/procedure making and governance are recognised. (Article 5)
There shall be at least one Member on BAC and on any subcommittees and successor committees. (Article 5)
There shall be at least one Member on the appointment/review/reappointment committee for every Senior Academic Administrator (Associate Deans and up). (Article 5)
The proportion of Members on such committees shall remain similar over time to the current proportions. (Article 5)
MOU on Joint Benefits Committee creates a working group to study models and feasibility and provide information around benefits. Prepares recommendations for the next round of bargaining. (MOU on Joint Benefits)

Teaching Professoriate

MOU creates a working group to study models and consider desirability. Prepares recommendations for the next round of bargaining. (MOU on Teaching Professoriate)

The remaining matters weren’t explicitly listed under mandate categories, but were included in the original mandate and plans:

Sessionals/Terms

We did not agree that all Term positions should be subject to the generally poorer working conditions of Sessional Lecturers.
We did not agree that Term and Sessional appointees could be terminated without cause.
We did not agree to introduce a third rank for Sessionals at a lower stipend than the existing two ranks (which would have been renamed)
Term appointments used to replace leaves can include the full semesters of the leave, not just the term of the leave. (Article 18)
Term appointments can be used to provide flexibility in program development only for a specified period. (Article 18)
Reappointments of Term Members can be made at a higher rank. (Article 18)
There is more flexibility around what it means to attain a credential. (Article 18)
Term positions are advertised at least on the HR web site unless time does not permit. (Article 18)
Sessional appointments can be provided to post-docs and research associates to provide time-limited teaching experience. (Article 34)
The ROFR for Sessional Lecturers looks back at the number of courses taught over 5 years to determine priority. (Article 34)
If a Sessional is not evaluated (or not re-evaluated on appeal) within 30 working days, the evaluation is deemed satisfactory. (Article 34)
Unsatisfactory evaluations cannot be relied upon for hiring considerations until appeal options are exhausted. (Article 34)
ULFA is cc’d on all offers of appointment, which will include justifications for making a term/sessional (as opposed to probationary) appointment. (Letter of Commitment)
In principle, consecutive term/sessional appointments become continuing at some point. We will work collaboratively to address this issue for the next round of bargaining. The active grievance is put into abeyance and will be withdrawn unless language is not agreed to. (MOU on Consecutive Term Appointments)

Union Strength

We did not agree to a significant reduction in Inactive Member dues as the Board originally proposed.
ULFA will not have to pay rent as the Board originally proposed
We did not agree to limit Members’ right to accompaniment as the Board had proposed.
The Association recognises the authority of the Board to manage operations. (Article 5)
The CA takes precedence over all University policies and procedures. (Article 5)
The Association may participate in HR orientations for new Members. (Article 5)
Instead of coming in units of “course releases”, ULFA services come in units of normally 10% of FTE duties taken from teaching assignments. (Article 5)
ULFA receives 1 additional course release every year, and 1 more additional in every bargaining year. (Article 5)
ULFA may buy twice as many course releases as previously. (Article 5)
Contact information for the Association shall be included with the URL of the CA in all offers of appointment. (Article 6, Article 18)
ULFA will receive the university email address for each Member with the other information provided about Members. (Article 6)

Other

We did not agree that it should be made easier for the President to declare a Financial Emergency (“Disruption or Restraint”)
All ongoing positions are advertised at least on the HR web site. (Article 18)
Major clean-up and improvement to Intellectual Property provisions, especially around patents and commercialisation. (Article 28)
MOU on Reorganisation provides a mechanism for implementing Schedule S (simplifying and reorganising the CA, unifying and collecting language for easier understanding) during the clean-up phase. (MOU on Reorganisation)

Instructors/Academic Assistants

Instructors and Academic Assistants are the group that has the least in terms of obvious, specifically-directed gains in the explanation above. We highlight here some of the changes that will impact Instructors and Academic Assistants. All of these are drawn from points noted above.

Percentage increases (1.25% April 1 2023, 1.5-2% December 1 2023 – range depending on gain sharing) apply to salary, salary floors, and salary caps.
- These are the same financial impacts that apply to Professors/Librarian IV, and to most current Associate Professors/Librarian IIIs.
- The increase to salary caps impacts only Instructors/Academic Assistants, allowing all non-sessionals to actually benefit from these salary increases.
Greater recognition that the expectation of professional development requires a time commitment that must be recognised.
Greater recognition of what “counts” in Instructor/Academic Assistant service duties (participation in dept/faculty meetings is explicitly acknowledged as a time-consuming part of these duties).
20 of the current 23 term positions are Instructors; gains for this category were highlighted above. This represents 86% of Term appointees, and 15% of Instructors/Academic Assistants.
Workload and EDI gains should be of direct benefit to Instructors/Academic Assistants (e.g. workload information, equitable/fair assignment of duties, pay equity studies, broader definition of service).
Recognition of the Scholarship of Teaching and Learning as research may be very helpful in the development of paths to a teaching stream of professoriate.
MOU on Teaching Professoriate creates a working group to study models for such streams, and consider the local desirability. Recommendations will be made for the next round of bargaining. ULFA’s intent is to ensure that any such stream includes a career path into it for Instructors.

Return to Work Protocol Highlights

Getting back to Normal

Picketing/lockout ends as soon as CA is ratified (4-6 hours to turn systems back on)
Return to work (pay, benefits, pension) begins the following calendar day. Most typical work (service, research, etc.) is expected to resume.
Classes resume the day after that (or later by mutual agreement, likely only if significant problems arise)
Submission deadlines for internal awards will be extended by at least the duration of the strike.
CA timelines (e.g. for STP, discipline) are extended by the duration of the strike. Dates in Schedule A are not affected. Other adjustments can be agreed to.
Previously-submitted applications for leave will begin to be processed again.
Active grievances carry forward.

Research

Professional expenses incurred shall be reimbursable through grants etc. as usual.
Post-strike audit will investigate pay for research employees during the job action. Disputes will be settled by the Mediator.

Teaching

Online classes continue online, with online exams/evaluations. Accommodations will be made as necessary for in-person classes with respect to students who cannot return in person. The Testing Centre will not be available for online courses unless prior arrangements were made.
No assessment will be done in the first 72 hours after work resumes. All out-of-town students will be accommodated with respect to in-person expectations during that period.
The Board will endeavour to continue to provide TAs for the duration of courses.
The Student Learning Policy will be flexible to alterations being made to facilitate completing the semester, that do not disadvantage students.
SETs from this semester will have a disclaimer.
If sessional/term Members are unable to complete an extended contract, that will not be held against them.

Benefit implications

Strike is considered continuous service for internal (not Schedule A, B) and pension purposes. For pension, Members may buy back time on strike by paying their own and Board premiums (as for a normal unpaid leave).
Professional Supplement allocations will not be prorated.
Members’ ability to use their vacation shall not be impacted by extensions of the semester. Vacations that had been approved to take place during the job action can be rescheduled.

Financial

Annual parking pass deductions will not take place for March or April.
Library materials are due 2 weeks after ratification, with no fines.

Strike activity

All surveillance data collected by Board and/or contractors will be destroyed.
Strike activity by Members will not impact evaluations, or be subject to discipline or legal action.
Not returning to work in accordance with this protocol would be a matter for discipline.