Essential Services Agreement Negotiations Ongoing

Negotiations to establish an Essential Services Agreement resumed Tuesday 18 June. The Board’s team (Chris Hosgood, Scott Harling, Carolin Cattoi-Demkiw) presented to ULFA’s team (Kelly Williams-Witt, Aaron Chubb, Rob Sutherland) its response to ULFA’s 13 February ESA proposal. There is good progress on key points; only a couple of issues remain unresolved. We are optimistic that an agreement will be in place in a timely manner.

ULFA membership ratifies 2018-2020 Collective Agreement

In a strong expression of support for its executive and bargaining team, the membership of the University of Lethbridge Faculty Association voted to ratify the 2018-2020 Collective Agreement between the Association and Board of Governors.

The electronic ballot opened with a special general meeting on June 11 and closed at midnight on June 18. 249 members, or approximately 55% of the Association Membership, participated in the election. 223 ballots (90.8%) were cast in favour of the executive’s motion to approve the agreement. 23 ballots (9.2%) opposed. Since the Board of Governors voted to approve the agreement on June 14, this vote of support in the executive by the ULFA membership means that the Agreement is now ratified.

“This was a difficult negotiation and a tough settlement for our members,” Chief Spokesperson Daniel Paul O’Donnell said. “While we made important gains in job security and conditions of employment, the lack of across the board financial increases will affect our competitiveness as an institution for years to come.”

“We are grateful for this vote of support,” he added. “This demonstration of solidarity can only help us as we prepare almost immediately for the next round of negotiations.”

ULFA President Jon Doan congratulated Association volunteers on the conclusion of the ratification. “I would like to extend another thanks to the thorough and thoughtful members of our bargaining team and our bargaining resource committee,” Doan said. “We will update our communication blog in the next couple of days with information on what this ratification means for Member salary and benefits  starting July 1 2019.”

Final copy will be posted to the University website after a technical review.

Board of Governors ratify Proposed ULFA/University of Lethbridge 2018-2020 Collective Agreement

On Friday afternoon, Vice President (FInance and Administration) Nancy Walker informed the ULFA executive that the Board of Governors has voted to ratify the proposed ULFA/University of Lethbridge 2018-2020 collective agreement.

ULFA are currently voting electronically on ratification of this same agreement. The ballot closes June 18. All current members of ULFA should have received an invitation to vote. Please contact Aaron Chubb (aaron.chubb@uleth.ca) if you have not received a notification of the ballot.


You can read more about the details of the proposed agreement here. A marked up draft showing the proposed changes is available here. An unofficial HTML version of the final version of the proposed agreement is available here.

Electronic Voting on 2018-2020 Academic Staff Collective Agreement Open to June 18th

Electronic Voting on the 2018-2020 Academic Staff Collective Agreement is open until June 18th

An electronic ballot has been sent to all active ULFA Member Uleth email accounts.


You can read more about the details of the proposed agreement here. A marked up draft showing the proposed changes is available here. An unofficial HTML version of the final version of the proposed agreement is available here.

Collective Agreement Town Halls and Ratification Meeting

A special meeting, required by our bylaws in order to put ratification of the proposed collective agreement to a vote, will be held on June 11 at 1pm in PE250 (Calgary members can join via video conference from room S6025 on the Calgary Campus; Members who are unable to join in person or on the Calgary campus should contact Aaron Chubb (aaron.chubb@uleth.ca) for access information).

To give Members an opportunity to discuss the pros and cons of the proposed Collective Agreement, members of the Bargaining Team also will be hosting four town hall style meetings in the next two weeks.


Town Halls

  • Tuesday, May 28 at 2pm in PE250
  • Friday, May 31 at 10am in E690
  • Monday, June 3 at 2pm in S6031 (Calgary Campus)
  • Friday, June 7 at 10am in PE250

Ratification Meeting
Tuesday, June 11 at 1pm in PE 250

Calgary Campus Members can join via video conference from our large board room in Bow Valley College, S6025. Members outside of Calgary and Lethbridge can email aaron.chubb@uleth.ca for access to the meeting via Web-X.

 

Understanding the Proposed 2018-2020 ULFA/Board of Governors Collective Agreement

The ULFA executive has voted to recommend the proposed 2018-2020 Collective Agreement to its membership for ratification. This process will involve the convening of a Special Meeting of the Membership (June 11 @1pm in PE250) in order to put the agreement on the ballot for an electronic vote (June 11-18). This special meeting will be preceded by several town hall-style meetings on the Lethbridge and Calgary Campuses.


Town Halls

  • Tuesday, May 28 at 2pm in PE250
  • Friday, May 31 at 10am in E690
  • Monday, June 3 at 2pm in S6031 (Calgary Campus)
  • Friday, June 7 at 10am in PE250

Ratification Meeting
Tuesday, June 11 at 1pm in PE 250

Calgary Campus Members can join via video conference from our large board room in Bow Valley College, S6025. Members outside of Calgary and Lethbridge can email aaron.chubb@uleth.ca for access to the meeting via Web-X.

Voting
Electronic Voting will commence following the June 11 meeting and will be open until June 18.


This post explains some of the highlights of the proposed agreement. It also points out some of the shortcomings and places for future work. Finally, it ends with a detailed description of the changes in all Articles and Schedules.

A PDF of the signed off articles can be found here. The pdf version shows what was signed at the negotiating table and includes all deletions and additions made during negotiations from the base text of the 2015-2018 Sessional Lecturers and 2016-2018 Faculty Handbooks. 

An easy to navigate HTML version of the final agreed-in-principle text of this agreement (i.e. showing final copy only) can be found here. This version is not official and the text of the agreement is in-principle only until both sides ratify. Until ratification, our terms and conditions are as under the 2015-2018 Sessional Lecture and 2016-2018 Faculty Handbooks.

We encourage all Members to review this and to ask questions at the Special Meeting and any town halls we are able to organise.

Table of contents

Background

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The proposed agreement involves changes, additions, and deletions to 53 Articles and Schedules (the 2016-2018 Faculty Handbook had 32 Articles and 18 Schedules). Negotiations began in April 2018 and concluded on May 22, 2019. The Fall of 2017 and Spring of 2018 also saw extensive preparatory work including mandate development and several applications to the Labour Board.

As we have discussed previously, negotiations took place within an externally imposed government mandate, which significantly limited the scope for monetary gains by unions, while encouraging improvements in terms and conditions. While there initially was some doubt as to how strong this government mandate would prove, early settlements by the Nurses and Teachers unions according to this template helped establish the pattern across the public sector.

In the case of the Comprehensive Academic and Research Universities (CARUs), moreover, attempts to confront the mandate were hampered by their relatively recent unionisation: Bill 7 (which legislated their new status in response to the Supreme Court’s 2015 Saskatchewan Federation of Labour decision) was proclaimed in the Spring of 2017. While some Faculty Associations had begun developing job action funds before this date, even the best prepared (such as, indeed, ULFA), had relatively small amounts of money available at the beginning of the bargaining period to support job action. Since in the new labour environment, the ultimate arbitrator of impasse is job action, this placed the new Faculty Unions at a considerable disadvantage this round.

Highlights

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As at every other university in the province, negotiations at the University of Lethbridge followed the broad provincial model, with few gains in terms of compensation or benefits and but broader success in terms and conditions.

The following are some of the highlights of the proposed agreement:

    • Two year agreement (July 1, 2018 through June 30, 2020)
    • Cost of Living Adjustment (COLA) set to 0% for both years of contract
    • Increases to salary floors for Faculty/LIbrarians and Instructors/Academic Assistants
    • Contractual payment of Merit and Career Progress for up-to two years post contract, should negotiations continue (similar to bridging under the Labour Code).
  • Union rights
      • Sessional Lecturer Handbook and Faculty Handbooks completely merged
      • ULFA receives new detailed information on Membership, including
        • Access to all appointment and change of appointment letters
        • Course assignments by rank and level
        • Disaggregated salary and other information.
      • Accompaniment no longer restricted to Members (can include staff and, in certain conditions, external parties)
      • ULFA assumes responsibility for internal payroll and process for dues and information remittance to CAFA and CAUT
      • Improved clarity around Grievance and Interpretation (including limits on use of interpretation)
      • Increased number of course releases available to ULFA for purchase, and no Board rules around how these can be allocated
  • Sessionals
      • New Right of First Refusal (ROFR) upon request and assuming no unsatisfactory evaluations
      • New two-rank system with $288/course increase in pay for new rank of Sessional Lecturer II
      • New 10% payment before start of classes with access to library and email at that point
      • New evaluation process (required for ROFR) involving chair with appeal to dean
      • New ban on uncompensated work (i.e. pre-contract syllabus, etc).
      • Sessionals now may be assigned more than one course in a semester (maximum of three in a year)
      • Automatic promotion to Sessional Lecturer II if assigned more than one course in semester
      • Sessionals who have previously been Faculty or Instructors/AAs at Uleth or elsewhere are automatically Sessional Lecturer II
      • Sessionals who teach 5 courses in three years are automatically promoted
      • Promotion to Sessional Lecturer II (for any reason) is permanent
  • Instructors/Academic Assistants
      • Removal of 15.09 which allowed the Board to declare individual positions (including continuing positions) redundant outside of financial emergency or programme redundancy
      • Research leave now allowed if directly related to teaching/position description and responsibilities (since “responsibilities” includes “professional development” this should make leave easier to obtain)
      • Instructors/Academic Assistants at the salary cap will now be eligible for cash bonus (not part of base salary) distributed proportionately according to Merit score from money remaining in merit pool/fund after merit is paid out (we believe this year this would have amounted to about 50% of what merit payment would be otherwise).
      • No longer a distinction among Instructors/Academic Assistants and Faculty Members/Librarians in terms of seniority rights in event of Financial Emergency or Programme Redundancy
  • Term appointees
      • New “look back clause” requiring payment in lieu of benefits if multiple contracts in a single academic year result in de facto 50%+ appointment
      • Term appointments now must be justified according to explicit criteria
  • Faculty/Librarians/Instructors/Academic Assistants
      • Improvements to criteria for evaluation of teaching, research and service, particularly for Faculty. Academic Assistants and Instructors (the Article on Professional Librarians was left for the next round):
        • Grant writing, refereeing explicitly listed as evaluation criteria under research
        • Research no longer has to be connected to teaching department
        • Service is broader
        • Teaching effectiveness can include work outside university
        • Student Questionnaires are no longer listed explicitly in the (non-exclusive) list of acceptable evidence; cannot be required
        • Should student questionnaires be presented, adjudicators will be given training and information on acceptable use
        • While training is being developed, MoU agrees that they will be given the Kaplan/Ryerson arbitration ruling (which contains detailed expert information on limitations)
      • Dental benefits now based on 2019 fee schedule (increase paid partially by Board, partially by Members)
      • New Domestic Violence Leave
      • Personal leave now explicitly paid for 5 days
      • New Compassionate Care (unpaid) leave of up to 27 weeks, can be taken concurrently by Members in the same family
      • Improved Maternity leave (extended Parental leave topped up to 100% of salary for 20 weeks if the Member has taken a Mat leave)
      • Change in nature of any disciplinary proceedings underway results in explicit reset of process (i.e. from Minor to Major)
      • Discipline in Personal files now can be removed after 2 (minor) and 5 (major) years
      • Material removed from Personal File now must be destroyed and cannot be reused
      • Unfair material now can be removed on request at any time
      • Processes for medical leave modernised
      • Board pays for medical certificate should they require a second opinion; Board can choose required specialisation of second opinion, but not the professionals themselves.
      • Payment of Career Progress and Merit guaranteed for two July 1sts past the end of Collective Agreement should negotiations continue (similar to bridging)
      • New right to not cross picket lines on campus, at cost of a day’s pay for any day this prevents carrying out scheduled duties
      • Members are expected to inform their Dean (or designate) with reasons when timetabled instructional time is cancelled
  • Senior Academic Administrators
    • Retained Collective Agreement rights for Academic Freedom, Promotion, and Tenure
    • This means that Administrators can be protected in teaching, service, and research even as they are being fired (i.e. avoids the “silence of the deans”)

Summary and next steps

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The proposed agreement can be said to represent a real success in terms of our terms and conditions of work and a real disappointment in terms of economic benefits.

On the positive side, we addressed some fundamental inequities within our contract and made gains that we have sought in some cases for over a decade: Sessional ranks and Right of First Refusal; improved job security for Instructors and Academic Assistants, and bonus payments for those at the cap; long-sought equity language and processes; improved maternity leave, discipline processes, rules surrounding personal files, accompaniment and union support. We are much stronger, know more about our members, and have addressed some long standing inequities and injustices as a result of this agreement.

On the negative side, however, we have been unable to address long-standing concerns about relative salaries, salary growth, and, with a few exceptions, benefits (including sick leave, which is the worst on campus and among the worst in our sector). While it might not have been easy for the Board to resist the government’s “template,” its acquiescence nonetheless makes these problems worse and ensures that the solution, when it comes, has the potential to be more dramatic and painful than would otherwise have been necessary. And in the meantime, we fall farther and farther behind our peers as an employer of choice in the province.

In the new labour environment, a key determinant of success at the negotiating table is the ability to initiate and/or sustain job action–either by initiating a strike or by resisting a lockout. If, as is currently anticipated, the government continues to interfere in collective bargaining, this will make it even more important for ULFA members to be vigilant and proactive in developing their job action fund and fostering unity among our colleagues. Only with such careful and deliberate planning will it prove possible to address the areas in which we have not been able to make the necessary advances during the current round of bargaining!

Detailed discussion of changes

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Below is a detailed discussion of changes found in the new agreement. These can be best read in conjunction with the marked-up document, a PDF of which is found here. In reading this PDF with these notes, please keep in mind the following:

  • The text of this document is subject to minor corrections;
  • Several different markup conventions were used during negotiations. In broad terms, however, the following is true in all versions:
    1. Strike through is used for text that is to be deleted from the previous (2016-2018) agreements.
    2. Underline is used for text that is to be added to the previous (2016-2018) agreements.
    3. Plain text is used for text that is to be carried over from the previous (2016-2018) agreements.
  • Colour differences were used during negotiations to indicate agreement and disagreement (green was used for text agreed upon in previous drafts; red, blue, and black for text that had not been agreed upon at the time of document preparation). These show up in the signed sheets, which represent the final proposal before agreement-in-principle was reached. Since the signed versions represent our agreement-in-principle, however, this use of colour is irrelevant at this point: except when there is a hand-correction, the printed text in this PDF reflects the final agreement-in-principle between the parties; all additions, deletions, and carried over text in these documents are now agreed-upon in principle and subject to ratification.

Macro changes

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The following are some large scale changes made throughout the document:

  • Reorganisation throughout to improve clarity (and agreement to continue in next round)
  • Removal of Article 23 (Mediation): this is a Management responsibility
  • Sessional Lecturers brought into the Faculty Handbook rather than simply added as a distinct (and separable) section
  • Article 1 (Interpretation) and 22 (Grievance) merged and integrated with each other, interpretation can no longer be used to intervene in issues that are being grieved

Changes to Individual Articles/Schedules

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The following is an account (largely in document order) of changes made during this round of negotiations.

Article 1 (Old “Preamble and Objectives”): Purpose and Objectives

  • Language has been deleted in recognition that Academic Freedom in general, including in Member service (and not just in teaching and research) is essential to the search for truth and its free expression.
  • Insertion to clarify that specifying terms and conditions of employment is an objective of the Collective Agreement.
  • Clarification that the Parties can mutually agree that a grievance doesn’t stay whatever procedures are otherwise underway.
  • The Parties can mutually agree to ignore anything in the Collective Agreement, deadlines aren’t special that way, so that language has been deleted.

Article 2: Definitions

  • Change to “Academic Career” definition describes the effect of ACY rather than just the number of years.
  • New definition of “Academic Position” is used in Article 4 to explain how inactive Members are covered by the Collective Agreement.
  • The terms “Academic Year” and “Contract Year” are used through the Collective Agreement but were not previously defined.
  • Definition of “Agreement”/“Collective Agreement” is to include a standing URL at which the University will maintain the Collective Agreement.
  • “Bargaining Year” definition has been moved from Article 5.
  • “Code” is defined as the Labour Relations Code.
  • “Dean” is inclusive of the University Librarian, and of Deans of Schools.
  • “Department Chair” is inclusive of Area Chairs.
  • “Faculty” is inclusive of Schools.
  • There is no need to define A/B where A and B are separately defined.
  • “Handbook” is retained in definitions as a historical term referring to previous agreements.
  • “Medical Certificate” is defined, to explain the documentation required for medical and maternity leaves as well as compassionate care leaves.
  • “Medical Leave” is defined for clarity, and includes leaves for medical consultation.
  • “Member” is inclusive of Sessional Lecturers.
  • “Personnel Committee” is defined.
  • The definition of “Procedural Fairness” is adjusted to include equity, being informed of the right to representation, and all other relevant principles of natural justice.
  • The VP (Finance and Admin) and Associate VP (Admin) are no longer Senior Academic Administrators (these are not academic positions).
  • “SUB Plan” is defined.
  • “Working Days” is defined to not include holidays or days when the University is closed.

Article 3: Amendments and Modification of the Collective Agreement

  • Timelines for bargaining are removed, since this is now covered by the Code.
  • Language allows for limited modification during the term of the Collective Agreement via MOUs.
  • New language around strikes and lockouts reflects that there shall be none while the Collective Agreement is in effect as required by the Code.
  • New language gives Members the right during a strike/lockout by other bargaining units at the University (there are some technical details around just what this means), to:
    • not be required to do their work;
    • not be subject to any new or additional duties, etc., beyond anything required for safety;
    • not cross their picket lines so long as this does not prevent the Member from carrying out any scheduled duties (no discipline, loss of pay, etc.);
    • not cross their picket lines even if this does prevent the Member from carrying out scheduled duties, so long as they advise their Dean and take a penalty of 1/252 of their pay for each Working Day for which they exercise this right. The President may waive this penalty.

Article 4: Applications and Exclusions

  • Clarifies who is an inactive Member and for how long, and that all other people who are Faculty Members, Professional Librarians, Instructors, Academic Assistants, or Sessional Lecturers are active Members.
  • States that the entire Collective Agreement applies to Board members who are Faculty Members, with respect to their Academic Position (not just when they are acting as members of the Academic Staff), and all except the salary increments, structure, and PAR form apply to Senior Academic Administrators with respect to their Academic Position.
  • Language on Retired Members is deleted. The important part is what their position is now if they are a member, not that they previously held a position from which they retired. If they have one of the job titles that our Members hold, then they are a Member.

Article 5: Recognition

  • ULFA is the exclusive bargaining agent for all Members, although for Senior Academic Admin there are limitations to ULFA’s representation, as noted in Article 4.
  • ULFA has specified facilities and services provided by the Board. Most of these are existing, but there is an added right to buy a departmental rover parking permit that would allow ULFA reps to park in Lot H facilities spots, one at a time, for up to 2 hours.
  • New language around Association Activity clarifies that service to ULFA is service for work; the Board won’t interfere with Members doing it (if it doesn’t unduly interfere with assigned duties); email relating to ULFA business is the property of the people involved in the communication; that Members have the right to attend open meetings of the Board, and that ULFA has the right to call in the provincial and national associations.
  • The Board will now remit all dues to ULFA, and ULFA will have to pass the CAFA and CAUT dues along, but the Board will give ULFA the breakdown. Dues will be remitted by the 15th day of each month (for the previous month).
  • The Board no longer has to provide CAFA or CAUT with info about Members, that is ULFA’s job.
  • (Bargaining Year definition was moved into Article 2.)
  • ULFA can allocate course releases as it sees fit, with no interference from the Board.
  • ULFA can purchase two additional course releases in any year, and three in a bargaining year, beyond what was already allowed.
  • Instead of paying 1/3 of the Assistant Prof floor plus 25% if ULFA wants to buy someone 2 course releases in a semester, ULFA has to pay 1/3 of the Associate Prof floor plus 25% if it wants to buy someone 2 course releases in a year. However, for that fee ULFA can buy out as many of their courses as it wants, and this only applies to course releases that ULFA buys.
  • Reduction in duties comparable to course release applies to Professional Librarians as well as to Instructors/Academic Assistants.
  • The Dean can’t refuse (reasonably or unreasonably) to grant a request for ULFA course releases. This is a president-to-president discussion if there is an issue.

Article 6: Communication and Information

  • The agreement is explicit that email is good enough for written notice, except in the case of grievance, supervision, and discipline.
    1. Notice involved in any of the latter has to be delivered during business hours, and permit acknowledgment of receipt.
    2. Email outside business hours is deemed to have arrived the next working day morning.
    3. Correspondence to the Association can only be used for Collective Agreement administration.
  • The Collective Agreement will be available at the URL listed in the definitions, and this URL will be included in all offers of appointment. Amendments to the Collective Agreement will also be posted at the same web site.
  • ULFA gets a ton of new information about Members, all with names attached (previously ULFA received much less and mostly in aggregated form), which will facilitate much better data analysis in preparation for bargaining and for equity issues and grievances:
    • read-only access to letters of appointment or change in appointment for 3 years.
    • lists of people who have been promoted etc. will now include continuing appointment, and will include the names of everyone whose applications for extension of probation, continuing appointment, tenure, or promotion was unsuccessful.
    • dates of birth
    • current home contact info (address and phone)
    • end date of appointment if term, probationary, or sessional
    • not campus (this is apparently not something they keep track of in HR)
    • FTE status
    • ACY (for Faculty Members/Professional Librarians)
    • how many years they’ve been on consecutive term appointments (where applicable)
    • the justification for making a term or Sessional appointment rather than a permanent position
    • salary
    • dues
    • benefits category (single or family).
  • In aggregate data, credit hours taught each semester will be broken down by
    • the level of the course (1000 etc, not just junior/senior);
    • by Faculty; and
    • by the job category of the person who taught it.
  • ULFA also gets information about inactive Members (i.e. Board Members and Senior Academic Administrators):
    • name;
    • when they started;
    • when their position is due to end; and
    • dues being paid for them.
  • There are some clarifications around the limitations that apply to how ULFA uses personal information provided by the Board. Both Parties commit to disclosing unauthorised access/disclosure of personal Member data, and to working to deal with such issues.
  • The piece that said the Board doesn’t need to provide any Article 6 information if it’s inconvenient was removed.
  • For extra information ULFA may request, a clarification was added that while the Board doesn’t need to compile it specially or if it’s confidential, they may if it’s required for administering the Collective Agreement.
  • Added language says ULFA can ask for a meeting to discuss anomalies and concerns that arise from this information.

Article 7: Quarterly Labour/Management Meetings

  • The Presidents will meet at least quarterly, rather than annually.

Article 8: Delegation

  • Only general changes around readability and consistency.

Article 9: Personal Files

  • For privacy etc. Personal Files are kept according to the University’s policies,
  • Personal files don’t contain information other than that related to employment or required for the Collective Agreement.
  • Material in Personal Files must be used in accordance with procedural fairness/natural justice.
  • When a Senior Academic Administrator seeks advice about information in a Personal File, they no longer have to insure that the Member’s identity is not revealed (for very specialised issues, this could prevent consultation entirely) but they are bound by FOIP etc. to ensure that confidentiality is maintained.
  • When copies are made of documents in a Personal File, they have to be treated like the originals for privacy etc.
  • CVs explicitly get updated and submitted with PAR reporting, or at the start of the contract period for Sessionals.
  • Electronic mail is considered signed if there is a valid digital signature (for purposes of when material is considered unsigned).
  • ULFA can request things to be removed from a Personal File on behalf of a Member if the things violate Article 9 or are unfair. Things that are removed in this way are also explicitly destroyed.
  • Supervisory and minor discipline records are removed and destroyed after 2 years upon request.
  • Major discipline records are removed and destroyed after 5 years upon request.
  • If a Dean doesn’t want to remove and destroy something under ay of the preceding points, they have to provide a rationale in writing to the Member and the Association (this part is existing language, but in some cases this went to interpretation; that has been deleted. The recourse is now grievance).

Article 10: Courses Taught in Addition to Assigned Duties, including Summer Session Courses (Excluding Sessional Lecturers)

  • Explicitly excludes Sessionals, for obvious reasons
  • If such a course is not 3 credit hours, the rate is subject to individual negotiation and the Dean has to remind the Member of their right to Participation and Accompaniment.

Article 11: Rights and Responsibilities

  • Academic Freedom includes the right to criticize governments or public figures, and to act according to the professional standards of the Member’s field.
  • Both Parties are committed to promoting and preserving good will among all members of the University community.
  • Prospective/former Members are not expected to perform duties related to Member work without remuneration. Compensation is based on their previous/prospective contract.
  • Discrimination language includes all protected categories, so won’t need updating as legislation changes.
  • The Board may do research about many things; singling out research on whether or not discrimination has occurred is not particularly effective.
  • ULFA has the right to be represented when a Member is going through disciplinary processes, whether or not the Member asks for representation, since these cases often lead to difficult legal issues and may have broader implications for the Collective Agreement. Either Party may bring lawyers to such meetings, with advance notice.
  • Staff members of ULFA are officially allowed to accompany Members to meetings, as is the Chair of the Grievance Committee (although the Grievance Chair is disallowed by ULFA policy).
  • If the Board is bringing a lawyer along to any Collective Agreement procedure, they are supposed to inform ULFA, and ULFA then has the option of sending a lawyer or some other representative who need no longer be a Member or staff person of ULFA.
  • Someone exercising their right to accompaniment must provide information in advance about who will be accompanying them.
  • Schedule L is incorporated into Article 11. No one really has “custody and control” of many of these documents. Documents that were previously listed as not in the custody or control of the Board, are now explicitly stated to belong to the Member. Rather than going to an arbitrator in the case of a dispute, the question goes to Interpretation (which may lead to arbitration).
  • The responsibility for Members to act fairly is extended to staff and Board members, and not restricted to actions as teachers, colleagues or administrators.
  • The responsibilities of Members as Teachers also extend to duties as supervisors of students (but not as supervisors of research staff who are not students).
  • Sessionals or Term Members who are asked to be available for grade appeal issues shall be compensated at an appropriate rate based on their contract.
  • Anyone cancelling actual timetabled instruction (things that are assigned, not deemed to have been assigned like supervision or independent studies) has an obligation to inform their Dean (or designate) with reasons.
  • The language around not exploiting evaluative/supervisory relationships with students has been changed around in an attempt to clarify that it doesn’t mean someone can’t hire one of their students for casual labour on the open market outside of their university connection, etc.
  • It has been agreed that it is not appropriate, under any circumstances to have both a supervisory/evaluative and a personal, intimate relationship with a student. This does not preclude a situation where your kid or spouse (for example) takes your course, but other arrangements have to be made for the evaluation.
  • Language about responsibilities as scholars has been modified to more clearly include creative activity alongside research, and to protect the welfare of any animal involved in such work, not just lab animals.
  • Sessional Lecturers are excluded from any responsibilities for administrative/committee work. All other Members are expected to be active members of their academic units etc.
  • ULFA gets copies of complaints about Members (around harassment etc.).
  • Such complaints only go into a Personal File if they’re found to have merit, and then only according to the procedures of Article 9. However, other actions such as discipline may be taken on the basis of such complaints, and if that happens, the complainant may be informed of the outcome if the University can bind them to confidentiality.

Article 12: Criteria for Extension of Probation, Tenure, Promotion and Salary Increments for Faculty Members

  • Contributions to teaching beyond the university count toward teaching effectiveness.
  • The Collective Agreement neither requires nor forbids the use of Student Questionnaires in the evaluation of teaching, and no longer says that they can’t be the main evidence.
    • We’ve added a long list of things that can be used as evidence and this list does not include such questionnaires (though it is a non-exclusive list).
    • When student appraisals are used, the data must be presented clearly and appropriately, and anyone doing the evaluation must be educated in the inherent biases of such tools, and take them into account.
    • We signed an MOU about how to implement this new language (see Schedule P below) which provides the Kaplan report as training material until new material can be developed
  • Members can now submit research/creative activity that relates to anything taught at the university, not just in their own department, without extra onus for justifying it.
  • Writing grant applications, and academic work of organising conferences (eg choosing the participants) are both explicitly listed as factors that can contribute to research evaluation, and editorial duties are separated from refereeing work.
  • Work on Library, Area, and Program committees etc. is explicitly listed as service, when this is outside one’s normal assigned duties (e.g. for Professional Librarians, Academic Assistants), as are working groups and task forces. Community service related to a Member’s appointment counts, even if it doesn’t involve community organizations.
  • Supplementary policies about what does/doesn’t count have to be readily available and their location made known to all affected Members (not currently happening). They are explicitly secondary to the Collective Agreement and can’t reduce or expand on what is set out in Article 12.

Article 13-14 (unchanged)

  • No changes this round; MoU describing changes to be negotiated for next

Article 15: Instructors and Academic Assistants

  • An incipient Instructor is no longer explicitly consulted in the creation of their Position Description, but must still be consulted about amendments and ULFA must receive copies of amendments.
  • Qualification for Instructor II is either a degree plus experience, or effectiveness as an Instructor I. Similarly for Instructor III. The minimum qualifications can be waived by the VP (Academic) for equivalent relevant experience (eg. for elders or industry specialists).
  • Probationary and continuing Instructor positions always need to be advertised through CAUT and the web site. Term positions should be advertised at least on the web site, where time permits.
  • The offer of appointment includes the position description, the rank, and the URL of the Collective Agreement.
  • If the Dean rejects a search committee recommendation the reasons go to the VPA rather than the President, but must also be communicated to the Association. Other parts of the appointment process are also explicitly delegated to the VPA.
  • It is not the case that Instructors are normally appointed at Instructor I. This language has been deleted.
  • Fine arts studio performance assignments are included in the list of Instructor duties. Language is adjusted to be more inclusive of arts classes.
  • Instructor Is should only have full responsibility for teaching courses on an exceptional basis.
  • Instructors are not expected to conduct research or scholarship unless it’s directly related to their teaching/Position Description duties *or responsibilities*. (The last 2 words are the new language.) Since professional development is a responsibility, we believe this opens the door wider to leaves for professional development as described elsewhere in the Article (the Instructor’s version of study leaves).
  • Instructors are full members of their departments etc.
  • Promotion requires satisfactory performance on annual reviews rather than the more ambiguous “successful performance”, and may come with increased relevant qualifications etc or proven ability to perform the appropriate duties, not necessarily the latter primarily.
  • Most changes for AAs parallel those for Instructors. The Board wanted to eliminate a lot of the AA language based on their reading of Schedule M, but it was agreed to leave it in and disagree about the implications.
  • Term appointments for Instructors/AAs require justifications just like Term appointments for Faculty Members/Professional Librarians. Likewise for renewals and extensions of Term appointments.
  • Term appointments for less than a year get salary based on the full-time rate if the duties are full-load equivalent. If short-term contracts accumulate to or exceed a .5 FTE load, financial compensation in lieu of benefits is made accordingly.
  • The STP Committee isn’t allowed to make recommendations other than those listed in the Collective Agreement at the end of the first probationary appointment.
  • Unfair Probationary Periods as described in Article 19 also apply to Instructors and AAs, and may extend timelines for probation.
  • A Term Appointment with Conversion can only convert if a Search Committee recommended that it do so.
  • No matter how the appointment gets converted, the probation is understood to have begun at the start of the appointment.
  • Someone is only eligible for a Continuing Appointment (for a Partial Year) if they hold a probationary appointment (not a term appointment).
  • Disciplinary meetings that follow an unsatisfactory evaluation don’t start until after the appeal process is completed (and the unsatisfactory evaluation is confirmed).
  • Promotion is explicitly included in the things that have evaluation criteria explained.
  • Teaching effectiveness language same as for Faculty Members above.
  • Re-assignment of duties for improving qualifications is now for professional development, tying it to a responsibility of Instructors & AAs.
  • Position Abolishment is no longer an option outside of Article 25 (Financial Emergency/Program Redundancy)

Article 16: Termination of Appointment

  • Resignation for people on term appointments (less than 3 years) or Sessional Lecturers requires only one month’s notice rather than 3. Members don’t need to provide notice “as early as possible” beyond that.
  • Similarly, Term and Sessionals aren’t expected to make their resignation effective June 30 or Dec 31.
  • Similarly, one year’s notice of retirement doesn’t apply to Term people or Sessionals.
  • Notice of retirement comes with a cool-down period of 20 Working Days during which it can be withdrawn.
  • All types of approved leave can be taken by someone who doesn’t have LTD before they’re expected to retire, and accommodations need to be offered within reason.
  • Death benefits are moved into Schedule B (Benefits).
  • Previous reference to position abolition now points to Article 25 and is about termination of appointment due to financial emergency or program redundancy.
  • Language about Voluntary Termination by Mutual Agreement more clearly hints that Members can ask for and expect an incentive for agreeing to such an arrangement.
  • The language saying there is no obligation on the Board to reappoint Sessionals is deleted, since there is now a Sessional Right of First Refusal.

Article 17-21 (unchanged)

  • No changes this round; MoU describing changes to be negotiated for next

Article 22: Grievance and Interpretation

  • This merges the old Articles 22 and 1. Some broad general language has been moved up front (it was previously later in the Article).
  • Interpretations and clarifications only enter the Collective Agreement by mutual consent of the Parties.
  • Issues of process and procedural fairness are now explicitly subject to grievance in general, whether or not the content of the decision is.
  • The agreement is now silent on whether or not matters not covered by the Collective Agreement are grievable. This leaves open the possibility that we can grieve Board policies that affect terms and conditions of employment for example (and their application).
  • It is explicitly mentioned that a grievance can be settled with or without mediation, without going through the full grievance process.
  • It is clarified that only ULFA or the Board can claim grievances; a Member has to go through ULFA.
  • The first step of an informal meeting is laid out in clear detail.
  • Similarly, formal notice is laid out clearly. At this stage, particulars rather than evidence is being provided; and a remedy is proposed. This is followed by an investigation by the other Party, that culminates in a written report and recommendation. If this doesn’t resolve it, there’s another meeting, and then it moves to arbitration. Arbitration requires written notice. The presidents have 10 Working Days (rather than 5) to agree on an arbitrator, or the provisions of the Code are used to appoint one. The Code governs the arbitration, except the arbitrator is explicitly allowed to assign costs (experts on both sides say this would never happen unless one side’s case were deemed frivolous). Beyond that, we no longer make any attempt to tie the arbitrator’s hands, which wouldn’t actually bind an arbitrator anyway.
  • There is a new explanation of what interpretation is and how it should be used, up front, as well as how it shouldn’t be used.
  • It is clarified that the request for an Interpretation Meeting should explain the issue so the other side can be prepared.
  • The “report” of the Interpretation Committee can be an agreement, or can be two separately-issued statements by the presidents. If it’s not an agreement, either president can take the issue to arbitration, which proceeds as above. Again, the arbitrator’s hands can’t be tied, so the agreement no longer tries to do so.

Deleted Article 23: Mediation

  • Deleted as this was a management responsibility and involved groups that were not bound by the Collective Agreement.

Article 23 (Previously 24): Appeals of Recommendations by STP Committees and Appeal Committees

  • Appeals apply to denial of continuing appointment.
  • All motions listed in the Collective Agreement are automatically before the Appeal Committee, and don’t require movers or seconders.
  • Hearing Committee appeals can explicitly be grieved for violations of procedural fairness or natural justice. Similarly for recommendations of the Appeal Committee about salary.
  • It no longer says that search committee decisions can’t be appealed. However, this would only affect candidates who are Members (eg term appointments with conversion), and no process is laid out.

Article 24 (Previously 25): Supervision and Discipline

  • Key principles are gathered and moved up to the front.
  • “penalty” is changed to “discipline” throughout.
  • Appropriate investigation is required before any discipline.
  • Signed letter delivered by email to uleth account suffices for notification.
  • Anytime there’s an Article 24 meeting with a Senior Academic Administrator, the Member has to be reminded about the right to accompaniment.
  • The Association receives copies of all letters the Member gets relating to discipline (but not necessarily supervisory letters).
  • The Dean as well as the VPA has the right to suspend or terminate an investigation if it begins to be investigated by the police etc.
  • Wherever it’s appropriate to the cause, Members may be given the right to seek treatment or counselling, not just for illness or substance abuse, and this cause is no longer referred to as “the problem”.
  • The VPA may mitigate, alter, reduce, or suspend discipline on considering the factors behind the behaviour; this is no longer contingent on participation in an active treatment program.
  • The Dean gets to decide the effective date for minor discipline.
  • Members always have the right to seek legal counsel at their own expense, it wasn’t necessary to say it explicitly. The agreement no longer requires written notice when a Member wants to bring their personal lawyer to something.
  • All of the exceptions to when Article 24 documents go into a Personal File are clearly cross-referenced.
  • Vague language about the right to request removal of documents from a Personal File has been removed as it’s superseded by new language in Article 9.
  • The sort of behaviour that can lead to discipline is spelled out more clearly: violation of University policies or Article 11 responsibilities.
  • Supervisory actions, minor discipline actions, and major discipline actions are clearly separated and examples of each are provided. There is a new type of minor discipline listed: a letter of warning.
  • There is no need to say that grievance is available specifically here, since it is always available.
  • Re-appointment is included in the list of things that have to be considered separately from discipline and supervision.
  • It is clarified that all timelines for assessments (eg extension of probation) are suspended if disciplinary investigations/procedures are underway, so this doesn’t cause someone to exceed max times.
  • The list of assessments that can’t be affected by supervision and discipline independent of the facts of the case is expanded.
  • Procedural Fairness is explicitly invoked around whether or not supervisory/discipline materials are appropriately brought before an STP committee.
  • It isn’t necessary to say that a verbal discussion isn’t discipline since the agreement is now clear about what is and isn’t discipline up above (similarly for letter of guidance).
  • The Dean’s opinion about improvement isn’t specifically part of the criteria for moving to discipline.
  • The Discipline section specifically excludes Sessionals, who are treated separately at the end of the Article. Their language is from the SLHB, which was a significantly different process.
  • When there is a disciplinary investigation, the Member gets a summary of the findings.
  • In the minor discipline meeting, or as a result of investigation, the Dean may decide that the issue is more serious and major discipline is warranted. However, if that happens, the major discipline process must be started from scratch with its own independent investigation.
  • The Parties agreed to delete the discipline appeal committee. This was apparently never used, and only applied to minor discipline. Grievance still applies.
  • The nature of the complaint and the right to accompaniment are explicitly included in the VPA’s initial letter to the Member about the possibility of major discipline.
  • Professional Librarians and Instructors are eligible to serve on Investigation Committees, as are external investigators (but the Association must still agree in writing to anyone named).
  • Senior Academic Administrators from other Alberta universities can’t be on Investigation Committees. The length of time such people and ULFA Executive members are banned from serving on Investigation Committees after their term of office is shortened from 3 years to 2, but any restrictions can be waived by mutual agreement.
  • The agreement is less prescriptive about how the investigation is conducted, instead saying simply that it must be thorough and fair.
  • The Investigation Committee shall make no inferences based on someone’s willingness to meet with them or write to them.
  • The report of the Investigation Committee will recommend resolutions, rather than addressing the appropriateness of disciplinary penalties.
  • If there are minority reports from the Investigation Committee, these go to all members of the Investigation Committee.
  • If the VPA wants further investigation or information, they have to provide a rationale to the Member (and the Dean), and all the same procedures apply around responses to that information.
  • It is reiterated that discipline should be commensurate to the offense.
  • Non-performance of duties and breach of responsibilities as well as persistent neglect of both are grounds for dismissal for cause.
  • Clarification is provided that resolutions are not limited to the disciplines listed in Article 24, as long as both sides agree.
  • Mediation under alternative measures should be confidential and professional.
  • Arbitration is rewritten somewhat to clarify that the Association holds sole carriage rights for any grievances; a Member can’t pursue this without the Association.
  • The arbitrator is appointed through provisions in the Labour Relations Code if the Presidents can’t agree, and all other aspects of arbitration are exactly as in Article 22.
  • It is stated that for Sessional Lecturers also, discipline is commensurate to the offence. Supervisory matters and what goes into a Personal File all apply to Sessionals so don’t need to be repeated here.

Article 25 (Previously 26): Termination of Appointment for Financial Emergency or Due to Program Redundancy, Not Applicable to Members Holding Term Appointments or Sessional Lecturer Appointments

  • Throughout, this is rewritten to include Instructors and AAs with probationary or continuing appointments. Since they are now included throughout, the few places where there had been special provisions for taking them into account and treating them fairly in the context of all that was being done to protect Faculty Members/Professional Librarians have been removed.
  • In the definition of a financial emergency, threatening the continued function of the University encompasses extending for more than one year and turning into a deficit cash flow situation. The new definition requires that the situation need to include reductions from more than one employee group, not just reductions of our Members.
  • Information passes to the Association at various points.
  • The Board must consult with ULFA before announcing the terms of any Career Transition Incentive Program. This applies to the Career Transition program for program redundancy also.
  • Failing agreement, the chair of the Financial Emergency Commission gets appointed by the provincial Director of Mediation Services.
  • Clarification is provided that the Financial Emergency Commission looks at whether or not a wide variety of options other than layoffs have been considered.
  • Since the work of the Financial Emergency Commission could be blocked by non-cooperation from Board representatives and the Board is empowered to act unilaterally if the Commission fails to report, it has been added that in the absence of a consensus report, members of the Commission can write their own reports and all of these together are considered the report of the Commission. A similar provision is made around the report of the Program Redundancy Committee, later in this Article.
  • The President is no longer precluded from declaring a second financial emergency within 12 months if the first one doesn’t hold water (for example, if sudden unexpected provincial budget cuts come down), but is still precluded from doing so for the same or substantially similar reasons.
  • The recommendations from GFC that lead to changing/restructuring don’t need to recommend that the university make major changes in its priorities.
  • It requires 3 years rather than 2 of low enrolment to justify considering a declaration of program redundancy.
  • The redundancy committee is already dominated by Board/GFC reps; the Board non-voting members are now eliminated and the ULFA reps are reduced from two to one.
  • The redundancy committee doesn’t have the right to close its meetings to members of the university community.
  • Quorum for the redundancy committee is all voting members, and efforts will be made to accommodate the schedule of the ULFA rep also.
  • It is agreed to eliminate retraining provisions, which were largely unrealistic for highly-specialised employees. The agreement does still allow for someone to transfer to a position for which they can acquire the skills in a reasonable period.
  • ULFA gets copies of notifications of vacant academic positions, along with Members who have been affected by program redundancy.
  • Seniority is explicitly accumulated during leaves of absence with pay, and leaves covered by an SUB plan.
  • Seniority is no longer limited by an Academic Career.
  • The 12% of Members the VPA can choose to protect from layoffs is calculated only from active Members; the effect is that a lower number can be singled out in this way for inequitable treatment.
  • ULFA gets copies of the cases made for retaining individuals, and of all written layoff notices.
  • Members who have attained their “Academic Career” are no longer cut back from 12 months of severance pay to 4 in the event of layoffs.
  • Faculty Members and Professional Librarians no longer have a separate right of first refusal for Instructor/AA positions that open up; all Members have equal ROFR for any academic position that opens up, except that there is a higher right for positions within the same academic unit.
  • People who are recalled have one month instead of two to decide, but have at least six months instead of a reasonable period of not more than 12 months, to take up the position.

Article 26 (Previously 27): Holidays

  • Holiday names are updated. Municipal holidays aren’t observed by the university.
  • Added language says that Members will ensure that the instructional time listed per academic course will be adhered to, unless trumped by other provisions in the Collective Agreement or legislation.

Article 27 (Previously 28): Vacations

  • Members don’t need to be accountable to the university when on vacation, specifically for the performance of duties.
  • Payment in lieu of vacation is an option, to accommodate Sessionals and Members holding less than 0.5 FTE appointments.

Article 28 (Previously 29): Intellectual Property

  • No changes (largely duplicate schedule removed except for form)

Article 29 (Previously 30): Travel Fund and Expenses for Board-Assigned Travel

  • When someone makes use of the travel fund, they are expected to arrange for their classes to be covered or reschedule them, with no extraordinary expense to the Board or to students.
  • Travel expenses apply to travel that has been assigned by the Board; such expenses do not come out of the Travel Fund.

Article 30 (Previously 31): Research Fund

  • Explicitly includes creative activities.

Article 31 (Previously 32): Salary Schedules, Career Progress Increments, Merit Increments and Economic Benefits

  • No changes except housekeeping

Article 32 (Previously 33): Gradual Retirement & Reduced Load Status for Members other than Sessional Lecturers

  • Members must be reminded of their rights to participation and accompaniment before signing a Gradual Retirement or Reduced Load agreement.
  • There is a 20-day cooling-off period before any gradual retirement agreement becomes final.
  • All Gradual Retirement Plans are copied to the Association; if it is shortened, that agreement is also copied to the Association.
  • Reduced Load Status isn’t available under the Collective Agreement until the Member holds a probationary, tenured, or continuing appointment.
  • All Reduced Load Status agreements are also copied to the Association.
  • Members on Gradual Retirement or Reduced Load Status get a very thorough salary letter explaining all aspects to any adjustments they receive (this actually applies to all Members through a recent MOU that has been added as a Schedule).
  • Benefits are as in Schedule B, which pro-rates Professional Supplement and the Spouse/Dependent Tuition Benefit. Reference to Relocation Allowance has been eliminated since these are existing Members.

Article 33 (Previously 34): Leaves of Absence, excluding Sessional Lecturers

  • Time spent on leaves that have any pay/benefits count towards seniority. Leaves without pay interrupt the accumulation of seniority but don’t reset it.
  • Unpaid leave also doesn’t count for ACY or toward probation, tenure, etc.
  • Language is changed throughout to refer to medical leaves, medical conditions, and medical certificates.
  • When going on medical leave, the supervisor should be informed before duties are affected if that is practicable.
  • If Management has reason to doubt the medical capacity of the Member, they may require another examination and specify the type of professional required (but not the person); this examination and a Medical Certificate will be at the cost of the Board, who receive the Medical Certificate.
  • A Member is not moved to the LTD application process until 50 working days of medical leave (rather than 10).
  • When someone applies for LTD, the Wellness Department helps them and provides updates to them and the Association during the processing of the application.
  • The Dean is explicitly involved in coordinating the return to work of a Member who has been on LTD.
  • A Member going on parental/mat leave needs to supply evidence that they are eligible for EI, not that they are already getting it.
  • In language around adoption, “receipt” is replaced by “placement”.
  • The Dean doesn’t have to go to the President for a mat/parental leave as long as eligibility is met.
  • Agreement to alter the dates of a mat/parental leave shall not be unreasonably withheld.
  • Maternity and Parental Leaves are adjusted to take into account changes to EI:
    • there is a one-week waiting period rather than 2 weeks, so the total period of mat leave is shortened from 17 weeks to 16 weeks;
    • the available SUB Plan paid parental leave following a mat leave is increased from 3 weeks to 4 weeks, to keep the total period available at 20 weeks;
    • extended parental leaves allow Members to take up to 18 months (roughly speaking) rather than a year of parental leave, with lower weekly payments from EI;
    • Mothers who take extended mat leave will receive 100% of salary for full 20 weeks (followed by reduced EI payments thereafter)
    • Parents who are not birth mothers who take extended parental leave will receive their regular salary minus $225 for 20 weeks and EI at the reduced extended rate thereafter.
    • an extra 8 weeks is available on an extended parental leave if the second parent takes at least 8 weeks, and an extra 5 weeks for a standard parental leave.
  • Added language to reflect that for someone not eligible for a regular maternity/parental leave who gets a leave at 50% pay, that 50% pay plus their EI benefits can’t exceed 100% of their usual salary (this is to accord with EI regulations).
  • A lot of language was moved around.
  • Agreed to several new categories of leaves, similar to leaves available under the Employment Standards Code. (ULFA reads the Code as applying to Members, but the Board says that the government has issued a guide for employers saying that it doesn’t.)
  • Personal Leave (which did exist already) is up to 5 Working Days (but may be extended by an “Other Leave”), and is now explicitly paid leave.
  • Compassionate Care Leave is unpaid, and lasts up to 27 weeks. It must be taken to support a family member expected to die within 26 weeks. 2 weeks notice should be provided where practicable. More than one Member can apply to their Deans for concurrent Compassionate Care leave for the same relative.
  • Domestic Violence Leave includes up to 5 Working Days paid, and another up to 5 unpaid. The Member has to have been employed here for 90 days, and an incident of domestic violence has to have occurred, as defined in the Code. “Reasonable” notice is to be given (they explicitly said verbally that this could be same morning).
  • Language in political leave is moved around but not really changed.
  • In Secondment/Exchange leave, the Board may specify responsibilities during the leave, but there should not be any duties as it’s an unpaid leave.
  • During any of the unpaid leaves except secondment/exchange, Members retain rank and tenure/continuing status, but otherwise none of the Collective Agreement applies to them. They are responsible for all premiums for benefits, although they may opt out of some.
  • For all of the other leaves, the Collective Agreement applies fully.

Article 34 (New article based in part on SLHB Article 9): Sessional Lecturers

  • Tenure-track positions are also included as a way of meeting continuing academic staffing needs.
  • “other” communities are mentioned to allow for appointment of elders, for example.
  • There will be a general list of opportunities for Sessionals listed on the HR Careers page every July 1, to include disciplinary areas and levels of instruction (not just “we’ll be hiring Sessionals”).
  • Evaluation at another university counts for demonstrating teaching effectiveness.
  • Sessionals may be hired to teach up to 3 courses in a year, which could mean more than one in a semester. If they are teaching more than one in a semester, they become Sessional IIs for all such courses.
  • Summer Sessions can be included in Sessional contracts that cover multiple terms.
  • A Dean has to recommend the appointment.
  • The URL of the Collective Agreement goes into the appointment letter. Also included are rank, the courses and any special requirements, and info about the cancellation fee. Sessional lecturer appointments will now specify a start date (eg Aug 1 for Fall appointments) early enough that the Sessional can access library and email for prep. 10% of the stipend (the part that would be forfeited for cancellation) will be paid for that prep work, in advance of the start of classes.
  • To ensure right of first refusal, a Sessional has to write to the dean and include evidence that they have not been evaluated as unsatisfactory previously (e.g. via evaluations or, until this process is fully in place, by evidence that they were rehired). The Sessional who has done this, and taught the same or similar course most often in the past 3 years, has the right of first refusal. In the case of a tie, the Dean can choose among those tied. If no one has a right of first refusal, or everyone with one has declined, the Dean can choose a candidate. The right of first refusal is also contingent on not having received an unsatisfactory evaluation for teaching from the university within the past 3 years.
  • There are 2 ranks available for Sessional Lecturers. The default rank is Sessional I, but Sessional II applies if the person has not had an unsatisfactory evaluation in the past 3 years (from the university) and at least one of:
    • they’ve taught at least 5 courses here in those 3 years;
    • they’ve been a Sessional II before;
    • they’ve had any other academic appointment here before (Faculty Member/Prof Librarian/Instructor/AA); OR
    • they are teaching more than one course in a semester.
  • Same language for teaching effectiveness as was agreed to in Articles 12 and 15. They have to submit evidence within 20 Working Days of the end of their appointment in order to qualify for the right of first refusal. The Dean assigns someone to provide a written evaluation based on this evidence. If that is less than satisfactory, they have 5 days to appeal (in writing, with reasons) to the Dean. The Dean’s decision is final.
  • As in other evaluation processes, personal/social compatibility are not criteria.
  • As with other Members, they need to inform their supervisor of the need for a medical leave before it affects their duties if practicable.
  • Leave for special circumstances is no longer a subcategory of medical leave.

Schedule A: Salary Schedules and Stipends

  • Floors for Faculty Members/Professional Librarians increase by $2500 each of the two years. Floors for Instructors/AAs increase by $1500 each year. This is the most the Board could give without increasing existing salary mass (which was their biggest red line) and is roughly equivalent as a percentage.
  • The new Sessional II rank has a minimum stipend just under $300 higher than the Sessional I stipend.
  • Sessional language is imported from the SLHB.
  • Since the Board contributes full amounts into the merit pools and fund for people on reduced load/gradual retirement, but only actually pays them a reduced value (because their salaries are pro-rated), money is left in these pools and fund. This money is to be distributed as (non-base-pay) bonuses to Instructors/AAs who are at the cap, in proportion to the merit they earn (effective this July).
  • The COLA formula has been deleted. COLA remains a concept in the agreement, but is set to 0% for July 1 2018 and July 1 2019.
  • The fee paid to Sessional Lecturers when a course is cancelled does not depend on the reason for the cancellation, or on who made the decision.
  • Career Progress and Merit Increments will continue to be paid for two 1 Julys after the agreement expires even if a new agreement has not yet been ratified (through July 1 of 2021, in recognition that those increments are based on work that has been completed within the period of this contract (the 2019-20 PAR)); this is a process similar to, but distinct from, bridging, in that it is explicitly contracted. COLA does not bridge (it would be 0 anyway).

Schedule B: Economic Benefits

  • It’s effective for the life of the contract, and only a few of the provisions apply to Sessionals.
  • Increased the dental coverage from the 2016 fee guide to the 2019 fee guide. This will use up any unspent part of the Board’s contributions as listed in B.03.1, and result in most members paying a small monthly fee for these benefits (about $5 we believe).
  • Both the per-year allocation and the cap on professional supplement are prorated for people on reduced load etc. This had been the Board’s practice. Additional language around the pro-ration agrees with material in the Reduced Load article and sees everyone whose load is less than full time treated the same.
  • Unused balance of professional supplement for Members who leave is reduced by prorating the final year’s payment proportional to the time they are here.
  • The spouse and dependent tuition benefit is prorated for Members on reduced load, more clearly.
  • An out-of-date URL is deleted.
  • The EI rebate agreement is moved from Schedule N to here, since it is an economic benefit.
  • We agree that in the event of a strike or lockout, the Board continues benefits coverage but the Association undertakes to reimburse the costs that are incurred during the job action. (Waiving such repayment could be part of the negotiations.)
  • Death benefits are moved into Schedule B, from Article 16 and the SLHB respectively.

Deleted Schedule C: Negotiation and Impasse – Resolving Procedures

  • This is now covered by the Labour Relations Code. Agreed to delete it.

Schedule C (Previously D): MOU Grandfathering Clause for Probationary Appointments

  • No one was sure whether or not any Members are still impacted by this, so agreed to keep it for now.

Schedule D (Previously E): Copyright

  • The form remains. All of the other useful language had already been incorporated into the old Article 29 (now Article 28) so is deleted.

Schedule E (Previously F): Professional Activities Report

  • Unchanged

Deleted Schedule G: Equity Working Group

  • This work is complete. We are deleting the MOU.

Deleted Schedule H: Code of Conduct for BoG Faculty Reps

  • Agreed that how Board Members interact with Board policies and the university community is a Board concern, not a Collective Agreement issue. Agreed to delete.

Schedule F (Previously I): ACY implementation

  • Unchanged

Schedule G (Previously J): Daycare

  • Unchanged

Schedule H (Previously K): Maternity/Parental Leave Examples

  • Updated to reflect changes to EI and changes negotiated in Article 34 (now 33).

Deleted Schedule L: Categories of Documents

  • Useful material has been incorporated into Article 11. Agreed to delete.

Schedule I (Previously M): Implementation of Academic Assistant/Instructor Language

  • Unchanged

Schedule J (Previously Q): Conflict of Interest and/or Conflict of Commitment Declaration

  • Preamble deleted (not useful); form retained.

Deleted Schedule N: EI Premium Rebate

  • Moved into Schedule B and deleted.

Deleted Schedule O: Lecturers Grievance

  • Has been dealt with. Agreed to delete

Deleted Schedule P: Deleting Lecturers

  • Has been dealt with. Agreed to delete

Schedule K (New): Student Evaluations of Teaching

  • A working group (2 Board Reps, 2 ULFA reps) is established to consider how to implement the new language on student evaluations of teaching from Articles 12, 15, and 34. They are to report back within a year.
  • In the interim, assessors will be provided with a copy of arbitrator Kaplan’s ruling from Ryerson about the use of student evaluations of teaching, and their inherent biases.

Schedule L (New): Harassment and Discrimination Policy

  • Grievance resolution

Schedule M (New): Agreement Re. Hiring ULFA Employees as Sessional Lecturers MOU

  • Grievance resolution

Schedule N (New): Grieving Administrative Suspensions

  • Grievance resolution

Schedule O (New): Evidence for appeals

  • Grievance resolution

Schedule N (New): Academic Career Years (ACY) Resolution

  • Grievance resolution (redacted to remove personal details)

Schedule O (New): Merit Pool/Fund Contributions

  • Grievance resolution

Schedule Q (New): MOU on Diversity, Equity and Inclusion

  • The Parties agree on overarching goals and principles about promoting these ideals and getting rid of things that hinder them, in the context of Academic Staff. A Joint Equity Committee (2 Board reps, 2 ULFA reps, co-chairs chosen from these 4 people one from each side) is established to investigate equity issues in the context of academic staff, and to report annually to ULFA and the Board. Basic principles of accommodation are listed: what it is, what needs to be done to accommodate Members as needed.

Schedule R: Conclusion of Bargaining (Replaces previous iteration)

  • The Parties commit to ratification before the end of October. The agreement is July 1 2018-June 30 2020. All of the Articles and Schedules that have been modified in this round of bargaining are listed (there are 47 of them, counting the Schedules that are being carried forward unmodified, of which there are 6).
  • The Parties agree to add the 7 new MOUs mentioned above (6 signed between negotiations, plus the student evaluations of teaching one). (The Equity one is listed among the 47 things being modified.)
  • The Parties agree to delete the SLHB, now covered by the Collective Agreement.
  • The Parties agree to a set of 10 housekeeping changes that will be carried out through all the Articles (these have been largely carried out in the negotiated Articles).
  • The Parties agree to a restructuring template for the next round: section applying to all Members, section applying to everyone but Sessionals, and individual job category Articles. The following principles for restructuring are agreed to:
    • language shall be written to apply as broadly as possible, and shall appear only once (where possible);
    • there will be a new Article about Evaluation, including material from Articles 12, 13, 14, 15, and 21.
    • there will be a new Article about STP procedures, based on a genericised version of 20.03.
    • material from Articles 14 and 15 will be merged into Articles 13, 17, 18, 19, 20 and 21 so they apply to everyone but Sessionals (and to Sessionals as well for 18).
    • Articles 21 and 32 (now 31) will be reorganised so 21 is about increments and 32 is about everything else.
  • The Parties agree that to start the re-structuring, the relevant proposals from ULFA will be considered re-tabled for the next round of bargaining, with language updated based on things that have been agreed to since they were tabled.
  • The Parties agree that any ambiguities in Articles that were carried forward because of the way they interact with articles that were changed will be dealt with through interpretation.
  • Finally, the Board agrees to pay Career Progress and Merit Increments upon ratification by ULFA, or on July 1, 2019, whichever comes later, whether or not they’ve ratified the Collective Agreement yet.