Memorandums of Understanding
Table of Contents
New Member Salary Increment Pro-Rating
December 2, 2022
In 2021, ULFA became aware of an issue impacting new Members who begin work between September 16 – March 31 of any given academic year. According to the existing salary increment structures, new Members would not normally be entitled to any salary increase after their first academic year. To ameliorate that shortcoming, ULFA and the Board have agreed to a
negotiated benefit for new Members, in effect providing them whatever salary increment a score of 1.0 on their PAR would have earned them for the year. If Members start between September 16 – March 31 of an academic year, then the negotiated benefit is accordingly pro-rated. For instance, someone starting their position on January 1 of a year would
receive one-half of the negotiated benefit on the following July 1, in recognition of the fact that they have worked one-half of the academic year.
The issue brought to ULFA’s attention is that the Board had been pro-rating the salary increments for new Members starting between September 16 – March 31 in their second academic year, based on the number of months worked in their first academic year. As a result, someone who started on January 1 in a given year would receive a salary raise that reflected
12 months of work after 18 months of work, and the discrepancy between the number of months worked and the number of months reflected in salary increases would not be made up during their career at the institution.
ULFA grieved this issue, arguing that such pro-rating of salary increments was not in accordance with the provisions of the collective agreement. After several discussions, ULFA and the Board settled the grievance. As a result of the settlement, the Board will no longer pro-rate salary increments for Members starting between September 16 – March 31 of an
academic year in their second academic year, which will eliminate the discrepancy outlined above. Additionally, Members who were impacted by this issue in recent years will have their salaries adjusted and be provided a lump-sum payment to reflect the difference between what their salary has been and what their salary should have been, had this settlement been operative in 2019.
You can read the full Minutes of Settlement here. If you have any questions about this agreement, please contact ULFA Staff at admin@ulfa.ca
Study Leave Grievance Settlement
June 8, 2022
In 2021, ULFA became aware that the Board denied a study leave application on the grounds that it would exceed the award rate in the relevant unit. Under the 2018-2020 Academic Staff Collective Agreement in force at the time, Article 13.09 states that, “The number of Faculty Members assigned to research and study leave each year shall accord with past practice.” After investigating the issue, ULFA grieved the Board’s interpretation of “past practice” as being defined by the award rate of 8% set in the 1980s when this language was introduced.
ULFA argued that if the practice of awarding study leaves had increased since that time, then such leaves should continue to be awarded at the prevailing rate of recent years. After productive discussions, the Board agreed with ULFA’s position, and produced data on the study leave award rate for the past ten years. To conclude the grievance, ULFA and the Board agreed to set the award rate at 9.5%, in accordance with the data from recent years. The target award rate ensures that study leaves will continue to be awarded at contemporary rates moving forward as a proportion of normally-eligible academic staff. You can read the full details of the agreement in the Minutes of Settlement here. If you have any questions about this agreement, please contact ULFA staff at admin@ulfa.ca.
COVID-19 and Academic Freedom MOU
October 12, 2021
ULFA and the employer have signed an MOU that ensures instructors can choose to move classes online without asking for prior permission from their deans. The MOU is a temporary measure for the COVID period that leaves disputes about whether such changes are covered by academic freedom to one side.
Under the agreement, ULFA Members can choose to move courses online for two weeks or less without seeking approval, provided they provide an appropriate rationale to their chairs or deans after the move has been made.
Moves to online delivery of content beyond 2 weeks are to be done in consultation with the Dean. Discussions were had that consultation with the Dean does not require permission of the Dean, but is a chance to collaboratively discuss making the change. When shifting the method of delivery, every reasonable effort must be made to notify students and that the shift does not unfairly disadvantage students. Such moves to online delivery must also not require that students purchase any new equipment for the class beyond what was indicated they must have at the start of term (e.g. a webcam).
ULFA had filed a grievance arguing that University policies requiring Members to seek approval before changing the method of instruction in their classes from in-person to online violated members academic rights. In exchange for this MOU, ULFA withdraws the original grievance, without prejudice. The purpose of this MOU is to seek a workable solution to the immediate risk caused by the COVID-19/Delta wave, since grievances can take months or even years to settle.
The agreement extends until the end of the 2021-2022 Academic year. ULFA recommends using your right of accompaniment in these meetings, an ULFA member or staff can be provided by request to such meetings. This MOU does not change any existing policies or procedures that provide a Member additional flexibility in program delivery than what this MOU has allowed.
SARCC - 19P MOU Announcement
April 21, 2021
ULFA is pleased to announce that we have signed another Memorandum of Understanding (MOU) with the Board of Governors. This MOU is being made in response to the specific circumstances of the COVID-19 Pandemic.
A copy of this new MOU is available here.
PAR MOU Details and Information Sessions
April 7, 2021
As part of the resolution of a grievance launched by ULFA concerning the impact of COVID-19 on our members’ workloads, we are pleased to announce that a Memorandum of Understanding (MOU) has been signed between ULFA and the Board of Governors. This MOU concerns how Professional Activity Reports (PARs) will be handled throughout the period of the pandemic.
If you submitted a PAR in September 2020, you have a choice to make by April 15, 2021. Read below for details.
Below is an explanation of the options presented to each member. ULFA will also hold information sessions to explain the options this MOU presents to you and answer any questions you may have. Those sessions will be held on:
Thursday, April 8 from 10:00-11:00am.
Friday, April 9 from 1:00-2:00pm.
Monday, April 12 from 3:00-4:00pm.
Please check your email for zoom details.
This MOU contains… read full PAR MOU details.
ULFA MOU Travel Fund for Online Teaching
December 7 , 2020
ULFA has signed an MOU with the employer regarding use of the Article 29 Travel Fund for September 2020 to March 2021.
Sessional and term instructors, who do not have access to a professional supplement by the employer, can receive up to $500 in reimbursements from the Travel Fund for eligible costs related to the move to online instruction. See 6b of the MOU for eligible expenses and 6c for excluded expenses.
If you are currently teaching Fall 2020, but not employed for next Spring Semester, the deadline to submit expenses to Financial Services is December 16th, 2020.
If you are teaching in Fall 2020 and Spring 2021 Semester the deadline to submit expenses is February 15, 2021.
Please note, only one expense claim will be reimbursed per eligible claimant.
Any unused monies in the Travel Fund will roll over to be added to the March 31, 2021 to June 30, 2022 Travel Fund period.
If you have any questions please contact ULFA Staff.
Read the MOU in detail here.
NDA MOU Announcement
April 21, 2021
ULFA is pleased to announce that we have signed another Memorandum of Understanding (MOU) with the Board of Governors. This most recent MOU concerns the use of confidentiality agreements, both those that had been introduced earlier this year to all Members as well as supplemental confidentiality agreements that are often used on various committees and for department chairs. We received many concerned communications from our membership about these agreements, and we subsequently grieved their use.
A copy of this new MOU is available here. We have provided a summary of its contents:
1) All Members will be required to sign one (and only one) confidentiality agreement as a condition of employment. This requirement is part of the University’s government-mandated Employee Code of Conduct. The contents of that agreement are included in the MOU, and changes to that agreement must be mutually agreed upon by ULFA and the Board.
2) The confidentiality agreement that you will be required to sign explicitly states that it “will not be interpreted or applied so as to limit or amend the provisions contained in the ASCA.” This clause means that all of your rights contained in the Academic Staff Collective Agreement (ASCA), including the rights pertaining to and extending from academic freedom, cannot be impaired or limited by signing this agreement.
3) For the purposes of this agreement, “Confidential Information” is defined as “Personal Information as defined in the Freedom of Information and Protection of Privacy Act, RSA 2000 Chapter F-25.” Since all Members already have a legislated responsibility not to divulge Personal Information as defined in this act, the confidentiality you sign as a condition of employment will not limit your ability to divulge or discuss information in a way that was not already previously prohibited by law.
4) As part of this MOU, “the Board will provide training to academic staff with respect to the nature and use of Confidential Information, consistent with this MOU.” ULFA believes this training will be beneficial to our Members in helping them understand their legislated requirements which this confidentiality agreement reinforces.
5) Lastly, as this MOU is implemented, you will be asked to sign the confidentiality agreement contained in it. There may also be some modifications of pre-existing documents to reflect the existence of this MOU and the confidentiality agreement.
If you have any questions or concerns, please do not hesitate to contact the ULFA staff.
PAR MOU Details and Information Sessions
April 7, 2021
As part of the resolution of a grievance launched by ULFA concerning the impact of COVID-19 on our members’ workloads, we are pleased to announce that a Memorandum of Understanding (MOU) has been signed between ULFA and the Board of Governors. This MOU concerns how Professional Activity Reports (PARs) will be handled throughout the period of the pandemic.
If you submitted a PAR in September 2020, you have a choice to make by April 15, 2021. Read below for details.
Below is an explanation of the options presented to each member. ULFA will also hold information sessions to explain the options this MOU presents to you and answer any questions you may have. Those sessions will be held on:
Thursday, April 8 from 10:00-11:00am.
Friday, April 9 from 1:00-2:00pm.
Monday, April 12 from 3:00-4:00pm.
Please check your email for zoom details.
This MOU contains… read full PAR MOU details.
ULFA MOU Travel Fund for Online Teaching
December 7 , 2020
ULFA has signed an MOU with the employer regarding use of the Article 29 Travel Fund for September 2020 to March 2021.
Sessional and term instructors, who do not have access to a professional supplement by the employer, can receive up to $500 in reimbursements from the Travel Fund for eligible costs related to the move to online instruction. See 6b of the MOU for eligible expenses and 6c for excluded expenses.
If you are currently teaching Fall 2020, but not employed for next Spring Semester, the deadline to submit expenses to Financial Services is December 16th, 2020.
If you are teaching in Fall 2020 and Spring 2021 Semester the deadline to submit expenses is February 15, 2021.
Please note, only one expense claim will be reimbursed per eligible claimant.
Any unused monies in the Travel Fund will roll over to be added to the March 31, 2021 to June 30, 2022 Travel Fund period.
If you have any questions please contact ULFA Staff.
Read the MOU in detail here.
Signed MOU in Response to COVID-19 – Updated
September 29, 2020
Signed MOU in response to COVID – 19 initial notice.
The Faculty Association has signed an MOU with the employer in response to the COVID-19 Pandemic. This MOU is particularly relevant to members who are currently on a probationary appointment, were awarded study leave commencing in the 2020-2021 Academic Year, or had travel funds allocated to them for the period of April 1st through August 31, 2020.
Update:
The Parties hereby rescind Clause 6, Probationary Appointments, in the MOU between the Parties dated April 29, 2020. All other terms and clauses in that MOU remain in full effect.
Clause 6, Probationary Appointments, of the April 29, 2020 MOU between the Parties is replaced with the following terms and conditions pertaining to probationary appointments, owing to the significant impacts as a result of the COVID-19 Pandemic (the “Pandemic”).
(1) A Member currently holding a probationary appointment, or accepting a probationary appointment at the University during the Pandemic, may request an extension of their maximum probationary period by one year.
(2) Extensions under Clause (1) above may be made to Members whose ability to execute their duties has been compromised by virtue of the Pandemic.
(3) A Member requesting an extension of their maximum probationary period must submit their request for such an extension, with a rationale, to the Provost and Vice-President (Academic):
(a) by October 15, 2020 in the case of Members subject to review by an STP Committee in
Spring, 2021 review cycle; and
(b) by September 15 in the year prior to the following Spring, in which their review by an
STP Committee is to be held, up to September 15, 2026 after which date this MOU
expires and is of no further effect.
(4) A request made by a Member under Clause (1) above shall not be unreasonably denied.
View updated, signed MOU here.
The MOU in its entirety is available here.
If you have any questions, please contact Aaron Chubb, eo@ulfa.ca
Signed MOU in Response to COVID-19
May 1, 2020
The Faculty Association has signed an MOU with the employer in response to the COVID-19 Pandemic. This MOU is particularly relevant to members who are currently on a probationary appointment, were awarded study leave commencing in the 2020-2021 Academic Year, or had travel funds allocated to them for the period of April 1st through August 31, 2020.
The MOU remains in place up to October 31st, 2020 with an option for a six month extension.
Study Leave
Any Member who was awarded study leave commencing in 2020-2021 can make a request to the Dean for a postponement or modification of that study leave. This request must be made on or before May 11th, 2020. Your request to the Dean will outline parts of your study leave plan that are no longer safe or possible as a result of the Pandemic. And propose a new timeframe for when the study leave would commence and end.
ULFA has explicitly discussed with the Administration the degree to which it may prove difficult for Members to predict accurately the time frame for their delayed study-leave, due to issues such as uncertainty around travel restrictions, immigration rules and requirements, or requirements for visiting researchers at the proposed host institution, etc. In such cases, faculty are to give their best estimate at this time. Deans have been instructed to be flexible in dealing with such uncertainty and ULFA can assist should problems arise.
Probationary Appointments
Members who are currently on a probationary appointment (i.e. pre-tenure) may extend their probationary period by one year if they believe that the Pandemic has compromised their performance. You must notify the interim Provost and Vice President (Academic), Erasmus Okine, on or before June 30, 2020 in order to exercise this right.
Travel Fund
Monies that were allocated from April 1 2020 to August 31, 2020 for the Travel Fund in Article 29.01 of the Collective Agreement will be returned to the Board, since no travel should have been incurred or anticipated in this time. Expenses incurred for travel booked prior to the March 14th, 2020 Travel Advisory can still be reimbursed. ULFA and the Board believe that no Members will be out of pocket as a result of this agreement. Please let us know if you are adversely affected.
Summary
The following table summarizes the changes and deadlines introduced as a result of this MoU. Please see the relevant sections above for important details and requirements in each case.
Member affected | Change implemented in MoU | Relevant dates/deadlines |
Members awarded study leave commencing in the 2020-2021 academic year | Members may request a postponement of that study leave. | Request must be made before May 11, 2020 |
Members on a probationary appointment | Members may request a one-year extension. | Request must be made on or before June 30, 2020 |
Members allocated funds from the University of Lethbridge Travel Fund for Spring and Summer 2020 | Only travel booked prior to the March 14th Government Travel Advisory is eligible for reimbursement. | Travel must have been booked before March 14, 2020. |
The MOU in its entirety is available here.
If you have any questions, please contact Aaron Chubb, eo@ulfa.ca
University Employee and Family Assistance Program (EFAP) for Term and Sessional, effective April 1, 2021
March 25, 2021
The University of Lethbridge and the University of Lethbridge Faculty Association (ULFA) recognize the effects that the COVID-19 pandemic has had on employees of the University of Lethbridge. As a result of interest-based discussions between the parties to resolve concerns raised by ULFA arising from the effects of COVID, and in an effort to support sessional and term instructor members through this difficult time, the University of Lethbridge Faculty Association and the Board have reached agreement on a Memorandum of Understanding (MOU) that will extend the University Employee and Family Assistance Program (EFAP) to sessional and term instructor members who do not currently receive this benefit.
Instructions for access to EFAP for eligible members will be provided on April 1, 2021.
2020-2021 Workload and COVID
Please read the full report here.