Memorandum of Agreement for a
Renewal of the Collective Agreement
2001-2003
Contents:
Cover Page
Table of Contents
Dates
References to University Librarian
Definitions
Article 7 - JCOAA
Article 8 - Information
Article 9 - Grievance and Arbitration
Article 11 - Professional Responsibilities
Article 12 - Appointments
Article 13 - Tenure & Promotions
Article 14 - Retirement
Article 16 - Discipline
Article 18 - Terms and Conditions of Employment
Article 19 - Leaves
Article 22 - Access to Employee Files
Article 25 - Compensation
Article 26 - Employee Benefits
Article 27 - Rights and Privileges of the Association
Article 32 - Term of Agreement
Appendix A - Bargaining Unit Inclusions/Exclusions
Appendix C - Exceptions to the Agreement
Appendix I - Librarians' Workload
Appendix L - Shadow Salaries
Appendix M - Research Development Fellowships
Appendix N - Merit Procedures
Appendix O - Benefits Booklet
Appendix P - Pension Same Sex Benefits
Appendix Q - Reciprocal Transfer Agreements and Mortality Issues
Appendix R - Candidate Self-identification Form
Appendix S - Tenure & Promotion
Appendix - Procedures for Harassment or Discrimination
Complaints
Appendix - Graduate Supervision
Appendix - Academic Administrative Positions
Attachment 1 - Alternate Stream Document
Attachment 2 - Criteria and Procedures for Promotion and Continuing Appointment
of Professional Librarians
IN THE MATTER OF NEGOTIATIONS FOR A RENEWAL COLLECTIVE AGREEMENT BETWEEN: YORK UNIVERSITY BOARD OF GOVERNORS (THE "EMPLOYER") -AND- YORK UNIVERSITY FACULTY ASSOCIATION (THE "ASSOCIATION")
MEMORANDUM OF AGREEMENT FOR A RENEWAL COLLECTIVE AGREEMENT
1. The members of the parties' respective negotiating committees hereby agree to unanimously recommend to their principals for ratification a renewal collective agreement on the terms and conditions set out herein.
2. The Association will hold a ratification meeting as expeditiously as practicable.
3. The term of the renewal collective agreement shall be from the date of ratification by both parties to 30 April 2003.
4. The provisions of the renewal collective agreement shall have no retroactive effect whatsoever prior to the date of ratification by both parties, except as specifically set out in this Memorandum of Agreement for a Renewal Collective Agreement.
5. Retroactive pay for the period 1 May 2001 to the date of ratification for base salary and PTR adjustments under Articles 25.01 and/or 25.03, 25.04.1, 25.05 and/or promotion to a higher rank and promotion increment under Article 25.07 will be by way of a lump sum payment, less deductions required by law, at the end of October 2001.
6. With respect to Article 26.08 Supplemental Benefits Fund the parties agree that benefits available under this fund will include coverage for hearing aids prescribed for hearing loss due to a cause other than an accident at a maximum of $300 every 36 months. This change will be implemented as expeditiously as practicable after the date of ratification.
7. The renewal collective agreement shall be in the form of the predecessor collective agreement which expired 30 April 2001 except for the amendments set out below.
[Changes to the 1999 - 2001 predecessor agreement are as follows. All clauses not noted are assumed to be stet. In general, italics indicate contract language.]
Amend the dates on the cover page of the collective agreement and the duration, effective date, expiry date and ratification date on the inside of the front cover in accordance with the renewal collective agreement.
Amend as necessary in accordance with provisions of renewal collective agreement.
A variety of dates need to be amended in the renewal collective agreement to be consistent with the term of a renewal collective agreement. By way of non-exhaustive example only, Articles 12.07(a) and Article 14.02(d)(i).
Amending References to "University Librarian"
Where appropriate, amend references to "University Librarian" to "University Librarian/Dean Faculty of Law"
Amend the definition of "Faculty" to read as follows:
Faculty designates a Faculty, or a College with the
status of a Faculty, created according to the statutes of the University. There
are ten (10) Faculties at York University:
...
Joseph E. Atkinson Faculty of Liberal and Professional Studies
...
Amend the definition of "Librarian" to read as follows:
Librarian designates the professionally qualified person who has a master's degree in librarianship from an accredited university or recognized equivalent and who is appointed as a librarian in the York University Libraries or the Law Library.
Article 7 - Joint Committee on the Administration of the Agreement
Delete existing Articles 7.06, 7.07, and 7.08 and renumber the balance of Article 7 as required.
Add new Article 7.09 (after existing Article 7.11 Joint Subcommittee on Employment Equity) as follows:
Subcommittee on Student Electronic Contact
Within sixty (60) days of the ratification of this agreement, the parties agree to form a Subcommittee on Student Electronic Contact (SSEC). The Subcommittee will review issues, including workload issues, related to electronic (e.g. email) contact between students and faculty.
Add a new Article 7.10 as follows:
7.10 Task Force on Inclusivity and Diversity
Within 90 days of the ratification of this agreement, a Task Force on Inclusivity and Diversity shall be established as a sub-committee of JCOAA to make recommendations to the parties regarding inclusivity and diversity in the faculty, including, for example, recommendations on whether to undertake a Diversity Audit. Members of the Task Force shall be: the Special Assistant to the President (Equity), a YUFA member appointed by YUFA, and one additional member appointed by the Employer. The Task Force shall report to JCOAA within one (1) year. The Employer will provide the Task Force with up to $15,000 to pay for consultation and research services.
Add a new Article 8.01(b)(xi) as follows:
8.01(b)(xi) within thirty (30) days of the first official enrolment reporting date in each session, official enrolment information for each Faculty.
Article 9 - Grievance and Arbitration
Amend the first paragraph of Article 9.21 to read: "...tenure/continuing appointment, transfer from one stream to another , or promotion..."
Article 11 - Professional Responsibilities
Delete existing Article 11.02(c) and replace with the following:
11.02(c) Service to the University is performed by librarians through participation in the decision-making councils of the University, and through sharing in the necessary administrative work of the Libraries and the Law Library, the University or the Association. The parties agree that librarians appointed in the Law Library shall participate in relevant committees, councils and administrative bodies of the University and the York University Libraries on the same basis as all other professional librarians. For greater clarity, service to the University includes participation on relevant decision-making councils and administrative bodies of the Faculty of Law.
Article 12 - Appointment Categories
Add a new second paragraph to Article 12.13 as follows:
Notwithstanding the provision above that employees shall not normally transfer their appointments from one stream to another, in exceptional circumstances related to the professional contribution of an alternate stream employee, such an employee may wish to apply for a transfer of his/her appointment from the alternate stream to the professorial stream. In such circumstances, the employee may apply to the Dean/Principal for transfer. Such application shall show that the employee's professional contribution accords with the responsibilities of a professorial stream appointment. The Dean shall consult with the Chairperson(s) concerned and the employee and shall reply in writing, with copy to the Association. In her/his reply, the Dean shall agree to recommend transfer to the President, or shall state reasons for denying the transfer, which reasons will include any issues concerning the employee's professional contribution as it accords with the professional responsibilities of a professorial stream employee . Employees who are transferred will be appointed at the rank of Assistant Professor and shall retain tenure, seniority, and years of service toward sabbatical leave and pension, and similar entitlements.
Delete the existing preamble/first paragraph of Article 12.16 and substitute the following:
The availability of positions to which it is proposed to appoint probationary or tenured faculty, or probationary or continuing appointment librarians, shall normally be widely advertised prior to the selection of a candidate for appointment. Advertisements shall be posted on York's website at www.yorku.ca and in the relevant Canadian publications, University Affairs and CAUT Bulletin. Advertisements shall include the following statement:
"York University has an Affirmative Action Program with respect to its faculty and librarian appointments. The designated groups are: women, racial/visible minorities, persons with disabilities and aboriginal peoples. Persons in these groups must self-identify in order to participate in the Affirmative Action Program. The [insert name of hiring department] welcomes applications from persons in these groups. The Affirmative Action Program can be found on York's website at www.yorku.ca or a copy can be obtained by calling the affirmative action office at 416-736-5713. In accordance with Canadian requirements, this advertisement is directed to Canadian citizens and permanent residents."**
**This last sentence is specific to advertisements for tier 1 searches. Advertisements for tier 2 searches and for simultaneous tier 1 and tier 2 searches will include the following sentence in its place: "Canadian citizens and permanent residents will be considered first for this position."
In the context of Article 12.19(b), the parties agree to review at JCOAA the existing Appointment Procedures for Librarians with a view to revising same as necessary or appropriate for librarians appointed in the Law Library.
Article 12.21(c) - Delete
Amend Article 12.22(b) by changing "four" to "three"
Delete the existing last sentence of the first paragraph of Article 12.23 and replace with the following:
The Plan will include a provision that the hiring committee shall review self-identification information for all candidates from the outset of the process.
Add the following sentence to the end of existing Article 12.23(a):
Representatives shall be strongly encouraged by the Dean/Principal/University Librarian to attend a workshop organized by the Joint Committee On Affirmative Action pursuant to 12.24(a) prior to assuming their responsibilities.
Article 12.24(a) - in the first sentence change "...may organize..." to "...shall organize...".
Article 12.24(b) - add a new last sentence as follows:
Monitors shall be strongly encouraged by the Dean/Principal/University Librarian to attend a workshop organized by the Joint Committee On Affirmative Action pursuant to 12.24(a) prior to assuming their responsibilities.
Delete existing Article 12.32 - Special Renewable Contracts - and replace with the following:
12.32 The parties agree that members of the CUPE 3903 bargaining unit who, as of 1 May 1999 were in the Unit 2 'Affirmative Action Pool' and who as of that date have fifteen (15) or more years of experience in Unit 2 (may be non-consecutive and includes approved leaves) and who have taught at an intensity of an average of 2.5 courses or their equivalent over the last five (5) years will be eligible to apply for a five (5) year 'Special Renewable Contract' (SRC) in the YUFA bargaining unit.
A hiring unit wishing to receive an SRC position must apply through their Dean/Principal to the Office of the Vice President Academic. The application must describe how a renewable teaching appointment of the recommended candidate would assist the hiring unit in addressing its teaching needs and priorities. Hiring units may wish to discuss with cognate/sibling units, intra-or inter-Faculty, their needs and priorities and how they are currently met by contract faculty. The application must also document the quality of the recommended candidate's teaching, research or research potential, service potential, and the advantages to the hiring unit and candidate in awarding the candidate an SRC appointment.
Note: An individual will apply for an SRC to a hiring unit(s) or a Dean(s)/Principal and shall have 45 days to prepare her file which may include all the information the candidate deems appropriate. Where an application is submitted directly to a Dean(s)/Principal the Dean(s)/Principal will consult with the relevant hiring unit(s) concerning the application. The University will make its best efforts to announce SRC appointments before the common posting date of April 22.
Eight SRC's were awarded in 1999-2000, five will be awarded in 2000-2001, and six will be awarded for 2001-2002 commencing on 1 July of each year, on the basis of the quality of the candidates and how the contracts would address the teaching needs and priorities of the hiring units. Appointment criteria will take into account the following: incumbency in courses falling within the position description, relevant academic qualifications, demonstrated research achievement or potential for same, service contributions or willingness to make service contributions, and seniority. Based on these criteria, the hiring unit will make a recommendation to its Dean/principal for the appointment of an SRC. In each case, the recommendation of the Dean will be forwarded to the Vice President Academic for approval.
The initial term of each contract will be five (5) years but the contract will normally be renewed by agreement of the department, Dean and individual for one additional five (5) year term or until retirement, whichever comes first. If at the end of the contract(s) an employee is within three (3) years of retirement, she or he will normally be extended to normal retirement date by agreement of the hiring unit, the Dean/Principal and the individual. Such agreement will not be unreasonably withheld.
As members of the YUFA bargaining unit, SRC appointees shall be eligible under the terms of this collective agreement for Progress-Through-the-Ranks increments (PTRs) and normal benefits and opportunities which accord to full-time faculty. However, credit towards sabbatical leave will be awarded on the basis set out in Article 12.31(c) above, but an SRC appointee will be eligible for only one sabbatical leave during the total duration of the appointees' term(s) (i.e. one leave in ten years or less).
SRC appointees may be in one Department/Faculty or cross-appointed to more than one Department/Faculty.
Note: The parties agree that this clause will be interpreted and applied in a manner consistent with the arbitration award concerning SRC's.
Article 13 - Tenure and Promotion
Amend the latter part of Article 13.06 as follows:
"...as outlined in 'Criteria and Procedures for Continuing Appointments or Promotion of Professional Librarians, of 25 September 1978, as amended, a copy of which is included in this collective agreement in its entirety as Attachment 2. Amendments to these criteria and procedures shall require approval of both parties."
Amend Article 14.01(b) by changing "$40,000" to "$44,320".
Amend existing article 14.08(b) by changing "$300,000" to "$450,000" and deleting the last two sentences of the first full paragraph re discussing benefit improvements for retirees in the Joint Benefits Subcommittee.
Amend existing Article 16 to read as follows:
Discipline of employees by the Employer shall be only for just cause, taking into account if appropriate the principle of progressive discipline.
Article 18 - Terms and Conditions of Employment
Article 18.02 - Holidays: Delete the December, 1999 and December, 2000 dates and substitute the following:
27, 28, 31 December 2001
23,27, 30, 31 December 2002
Article 18.04 - Outside Professional Activities delete existing Article 18.04(a) and replace with the following:
18.04(a) Employees shall, upon request, make available to their Dean/Principal/University Librarian or designate information on the scope of outside activities of a substantial or continuing nature. Further, between requests, employees shall report to their Dean/Principal/University Librarian the fact and scope of outside activities of a substantial or continuing nature.
Article 18.08.1 - Workload of Faculty Members revise existing Article 18.08.1(b) and the existing third last paragraph to read as follows:
18.08.1(b) Class sizes and total student load, with
particular consideration given to large lecture courses.
...
The teaching load of each member of the unit and the unit as a whole shall be
made available to each member of that unit by January 15 of each year.
Article 18.16 - Workload of Professional Librarians amend existing Article 18.16 (a) to read as follows:
18.16(a) The normal work week for a professional librarian shall be thirty-five (35) hours per week, scheduled fairly and equitably during the operating hours of the Libraries.
A librarian will not normally be required to work more than one (1) evening per week or on consecutive weekends.
The workload of professional librarians...[STET the balance of existing 18.16(a)].
Article 18.16(b) change "University Librarian" to "Dean/University Librarian" and change the end of the existing first sentence to read: "...priorities and consistent with the normal work week of thirty-five (35) hours."
Revise existing Article 18.16(e) by changing "nineteen (19) days" to "twenty (20) days".
Article 18.24 - Delete the existing last paragraph and replace the existing last sentence of the first paragraph with the following:
Except in extraordinary circumstances, a faculty member will not be required to teach for more than ten (10) consecutive months as the consequence of a compulsory summer teaching assignment. Except in extraordinary circumstances, a probationary employee shall not be required to teach in two (2) consecutive summers.
Delete existing Article 18.31 and replace with the following:
18.31 (a) Secondment within a single Faculty
The secondment shall be made only after consultation among the Dean concerned, the Chairpersons concerned, and the employee. The Dean shall be accountable for ensuring that adequate consultation occurs in accordance with Article 18.28 and clause (c) below.
The Dean of the "home" unit shall confirm a decision about secondment in writing to the employee, with a copy to the Association, at least 4 months prior to the date when the secondment shall take effect, for example, March 1 for secondments beginning July 1.
18.31 (b) Secondment involving more than one Faculty
The secondment shall be made by the Vice-President Academic or designate, only after consultation among the Deans concerned, the Chairperson(s) concerned, and the employee. The Vice-President shall be responsible for coordinationg and facilitating the consultation process and shall be accountable for ensuring that adequate consultation occurs in accordance with Article 18.28 and clause (c) below.
The Dean of the "home" unit shall confirm a decision about secondment in writing to the employee, with a copy to the Association and the Vice-President Academic at least 4 months prior to the date when the secondment shall take effect, for example, March 1 for secondments beginning July 1.
18.31 (c) Without limiting the normal discretion of the Dean under this Article, the consultation referred to in 18.31(a) and (b) above shall include consideration of the implications of the secondment for both units and the employee with regard to:
(d) The written notice of the decision shall indicate:
the reasons requiring the secondment from the one unit to the other;
the reasons for the selection of the particular individual for secondment;
a statement of the results of the consultations that have taken place as required by (c) above, such statement to itemize any provisions and/or accommodations agreed upon by the parties.
18.31(e) The selection of a particular employee shall not be in an unreasonable manner.
Article 18.41 - Accommodation for Persons with Disabilities. Revise existing Article 18.41 to read as follows:
18.41 The parties acknowledge their duty to accommodate persons with disabilities in the manner and to the extent required by the Ontario Human Right Code. The parties agree that this means accommodating disabled employees to the point of undue hardship if such accommodation will enable the employee to perform the essential duties of his or her position. An employee with whom an accommodation is being discussed shall be informed of his or her option to have a union representative present during any such discussions.
Delete existing Article 18.42 and replace with the following:
18.42 A Course Directorship shall at a minimum be assigned assistance to reflect course enrolments above 50 as follows:
[STET existing 18.42(a) to (d)]
(e) Units may consider forms of teaching assistance to reflect course enrolments above 50 in addition to or in lieu of marker/grader assistance, including for example tutorial support or consideration of large lecture courses in determining "normal teaching load" in the context of Article 18.08.1.
Article 19.02 - Amend the existing first sentence to read as follows:
19.02 Sick leave, compassionate leave, bereavement leave, emergency leave, leave for extraordinary elder or child care , or other short term leaves for up to one month....
Article 19.08(c) - [parental leave] change "eighteen (18) weeks" to "thirty-five (35) weeks".
Article 19.10(b) - [parental leave] change "eighteen (18) weeks" to "thirty-five (35) weeks"
Revise existing Article 19.29(a) to read as follows:
19.29(a) The Employer agrees to maintain as "Faculty/Library Research Grant Funding" the budgeted level of Minor Research Grant Funding established by Article 19.29(a) of the 1999-2001 collective agreement plus 4.5.%. Any funds not expended shall be available in the following year.
Article 19.29(b) Junior Faculty Fund amend to read as follows:
19.29 (b) Junior Faculty/Librarian Fund
A fund of $68,970 per year will be provided to support research by junior (untenured) faculty members and to support research and professional development by junior (untenured) librarians.
In Article 19.29(c) amend "$55,000" to "$57,475"; in Article 19.30 amend "$133,000" to "$138,985"; in Article 19.31 amend "$21,000" to "$21,945" and "$10,500" to "$10,970"; and in Article 19.32 amend "$53,500" to "55,900".
Article 22 - Access to Employee Files
Amend the title of the Article to read "Personnel Files."
In existing Article 22.01 amend the first use of the word "personal" to "professional" and amend the other references to the word "personal" to "personnel".
In existing Article 22.02 (a) amend the reference to "personal" to "personnel"
Delete existing Article 22.02(b), renumber existing Article 22.02(c) to (b) and change the first sentence to read as follows:
22.02(b) An employee shall have access to all documents and materials to be used by the Employer in making professional assessments of that employee, except for:
[22.02(b) (i) to (iii) STET]
Article 25.01 - Amend existing Article 25.01 to read as follows:
The salary floors of the ranks shall be:
|
Rank |
Floors effective 1 May 2001 |
| Lecturer | $40 755 |
| Assistant Professor | $48 535 |
| Associate Professor | $58 200 |
| Professor | $74 565 |
| Assistant Lecturer | $40 755 |
| Associate Lecturer | $48 535 |
| Senior Lecturer | $50 630 |
| Assistant Librarian | $42 225 |
| Associate Librarian | $50 630 |
| Senior Librarian | $64 870 |
No one shall be paid beneath the floor of his/her rank.
Adjunct Librarians shall not be paid beneath the floor rate for Assistant Librarians.
Delete existing Article 25.03(a) and (b) and replace with the following:
25.03(a) Base salaries will be calculated as of 1 May 2001, with payment effective as of June 1 2001, on the following basis: base salary increase of 2.0%.
25.03(b) Effective 1 May 2002: Base salary increase equal to 2.0% of the sum of bargaining unit salaries on 30 April 2002, to be distributed as an equal dollar amount per capita.
25.03(c) Effective 1 September 2002: Base salary increase of 0.5%
Article 25.04 add a new 25.04.1 as follows:
25.04.1 Notwithstanding Article 25.04 above, progress through the ranks effective May 1, 2001 and May 1, 2002 shall be $2,340.
Article 25.05 - Revise to read as follows:
25.05 Subject to 25.06, on 1 May 2001 and 2002 , the previous year's academic base salary of all otherwise eligible probationary or tenured employees employed as of 1 January of the current year and all otherwise eligible contractually limited employees employed as of 1 January of the current year (with the exception of employees serving on a contractually limited basis in the current year pursuant to a negative tenure decision) shall be increased by the Progress through the Ranks Increment of Article 25.04.1.
Article 25.06 - Revise existing Article 25.06 as follows:
Sequence and Eligibility
25.06(a) STET except dates
25.06(b) Employees eligible for increments under 25.03 and 25.05 who receive promotions shall have their salaries adjusted as follows:
(i) if the floor salary of the new rank exceeds the employee's base salary, the employee's base salary will be increased to the floor for the new rank;
(ii) the employee's base salary will be adjusted by the amount of the increment as per Article 25.07
25.06(c) STET except dates
25.06(d) STET
Article 25.08 - Amend the last sentence of the first paragraph as follows:
...in the amount of $1025 for the periods of 1 May 2001 to 30 April 2002, and 1 May 2002 to 30 April 2003.
Article 25.09 Overload Rates revise last sentence to read: "...Unit 2 rates ($25.13 per hour for 2001/02)"
Article 25.10 - Administrative Stipends amend to read as follows:
25.10 Stipends and Release time for academic administrative positions shall be as set out in Appendix XX. Administrative stipends shall not form part of the employees continuing base salary.
Article 25.11 - Amend the first sentence of 25.11(c) and add a new last sentence as follows:
25.11(c) The Employer shall provide in 2001/02,and in
2002/03 a fund in the amount of $210,000 (plus fringe benefits) in order....
...
The final number and amounts of such adjustments to individual salaries shall be
added to the information provided as per Article 8.01(b)(i).
Article 26 - Employee Benefits
Article 26.02 Pensions. Amend the first sentence to read
"The parties agree to continue the York Pension Plan in effect as of 30 April 2001"
Delete existing Articles 26.02(a) (b) (c) and (e), re-number existing 26.02(d) to 26.02(a), and delete the second paragraph of existing Article 26.03.
Article 27 - Rights and Privileges of the Association
Amend existing Article 27.04(a) by adding the following to the existing first paragraph:
27.04(a) The Employer agrees to provide to the Association one (1) additional full-course or equivalent release in each of 2001/2002 and 2002/2003 to be distributed among its officers and/or representatives, said one (1) additional release not to continue beyond 2002/2003.
Amend the first sentence of existing Article 27.04(b) and add a new last sentence as follows:
27.04(b) The Association shall be further entitled to
purchase a course-load reduction in the normal teaching load...to a maximum of
fifteen (15) full course equivalents....
...
Course-load reduction entitlement not used may be carried forward for use the
following year.
Article 32 - Term of Agreement
Article 32.01 - Delete the existing first paragraph and replace with the following:
32.01 This Agreement shall be binding on both parties and shall be deemed to commence and remain in effect from the date of ratification to 30 April 2003.
APPENDIX A - Bargaining Unit Inclusions/Exclusions
Delete existing Article A(4) and renumber the balance of Article A, it being understood and agreed that any current Directors of Research Centres or Institutes who have chosen not to remain in the bargaining unit remain excluded from the bargaining unit so long as they are in a Director position.
Amend paragraph A to add "(19) Director Academic Staff Relations"
Amend paragraph B(1) to read as follows:
The number of Associate Deans excluded from the unit shall not exceed two (2) per faculty, (except in the Faculty of Arts and the Joseph E. Atkinson Faculty of Liberal and Professional Studies, where the number shall not exceed three (3)), unless otherwise agreed between the parties.
APPENDIX C - Memorandum of Understanding Regarding Exceptions to the Agreement
Delete existing paragraph 4 and replace with the following:
The parties agree that the Employer may, at its discretion, make additional adjustments to the salaries of individual employees, to a cumulative total of market/anomalies increments of:
2001-02: $367,898 plus fringe benefits
2002-03: $367,898 plus fringe benefits
The final number and amounts of such adjustments to individual salaries shall be reported to the Association by the Employer.
APPENDIX I - Letter of Intent Regarding Librarians' Workload
Delete the first sentence of existing Appendix I and revise the existing second sentence (now the first sentence) to read as follows:
The Employer will approve, in a timely manner....
Delete
APPENDIX M - Research Development Fellowship Program
Add a new second sentence to existing paragraph 2(h) as follows:
2(h) In cases where the impediment relates to professional responsibilities or service to the University, the letter should indicate whether the applicant received any course release or leave for the professional responsibilities or service. If any course release or leave was provided, the letter should indicate what the release was and why the additional time was insufficient for the purpose of carrying out the responsibilities or performing the service.
Add a new paragraph 8(c) as follows:
8(c) A Research Development Fellowship may be deferred for up to a maximum of 12 months in the event that the Fellowship recipient accepts an extension of an administrative appointment or agrees to an interim administrative appointment which precludes taking up the award.
Revise existing Appendix N to read as follows:
1.
(a) The Employer shall establish a merit pool consisting of a total of 225 merit awards, 175 of which will be $2,000, and 50 of which will be $3,000 for the period 1 May 2001 to 30 April 2002, and 1 May 2002 to 30 April 2003.
(b) The above-noted awards shall be allocated to Faculties / University Library on the basis of the Faculty's / the Library's proportion of bargaining unit members as of 1 May 2001, and 1 May 2002. Eligible employees shall be those who are members of the bargaining unit on 1 September 2000 and expected to continue to be members on 1 July 2001, and 1 September 2001 and expected to continue to be members on 1 July 2002. Merit awards shall be paid as a lump sum, less deductions required by law, and will not be incorporated into the base salaries of those employees who receive them.
2. Merit awards shall be used to reward meritorious accomplishment in the previous three years, and shall be based upon:
(a) in the Professorial stream an evaluation of each employee's research / scholarly / creative / professional contributions, teaching, and service to the University and professionally related community service;
(b) in the Alternate stream, normally an evaluation of each employee's teaching and service to the University and professionally related community service unless the employee opts by 15 September 2001, or 15 September 2002 in writing to the Dean /Principal / University Librarian of the unit to have his/her research / scholarly / creative / professional accomplishments included in the evaluation;
(c) for Professional Librarians, an evaluation of the employee's professional performance, contributions to librarianship and scholarship, and service to the University.
3. Evaluations shall be based upon summary information and up-to-date c.v.s to be provided by the employee to Dean / University Librarian by 15 September 2001, and 1 September 2002. An employee who fails to provide such information and c.v. shall not be evaluated for merit.
4.
(a) By 1 October 2001, and 1 October 2002 the Employer shall provide to YUFA, and to each Faculty, a list of those eligible to be considered for merit and the total number and amounts of merit awards available for distribution in the Faculty.
(b) Employees on sabbatical or other leave are entitled to be considered for merit. No such employee shall be denied a merit award on the grounds that he/she is on such leave. In order to be evaluated, such employee shall comply with the provisions of paragraph (3) above.
(c) Eligible employees who are cross appointed to more than one department in the same Faculty shall elect a unit for purposes of consideration for a merit award, and shall do so to the Chairs involved by 15 September 2001, and 15 September 2002.
(d) Eligible employees who are jointly appointed between Faculties shall be eligible for consideration in each Faculty. Merit evaluation files of employees recommended for a merit award shall be forwarded by the respective Dean to the Vice-President (Academic) who will make decisions regarding merit awards for such jointly appointed employees.
5. Each Faculty and the University Library shall have one or more elected committees which shall make recommendations to the Dean/Principal/University Librarian on the distribution of merit awards. The Dean / Principal / University Librarian of the unit will be responsible for decisions on distribution of merit awards from among employees who comply with the provisions of paragraph (3) above.
6. Criteria and procedures to be used in respect of the distribution of merit awards shall:
(a) ensure that no achievement during the period under assessment in any of the areas of performance being evaluated is excluded from consideration for a merit award;
(b) allow for accomplishments by employees who were, during the period being assessed, particularly strong in any area(s) of activity, or equally strong in all areas of activity under consideration;
(c) be applied in the evaluation of all employees eligible to be considered for merit in the unit.
7. On or before 15 October each Dean / Principal / University Librarian shall forward to the Vice-President Academic Affairs a summary of his or her merit award decisions.
8. Merit evaluation files shall not be used for any purpose other than evaluation of an employee for merit.
9. Upon completion of the merit exercise, all employees and the Association shall be provided with a list of those who received merit awards by Faculty.
10. Decisions concerning merit awards will be subject to the grievance and arbitration procedure of the collective agreement only to the extent of allegations that a decision concerning merit was discriminatory as defined in Article 3 of the collective agreement, or made in a manner contrary to the procedures set out herein. However, in no case shall an arbitrator have the jurisdiction to make a merit award.
Delete existing Appendix "O" and substitute the following:
The parties agree that the Employer will provide a copy of a Benefits Booklet to all new hires at the time of appointment. The parties will discuss in JCOAA on an ongoing basis whether and when updated information concerning benefits might need to be distributed to employees and the appropriate method of distribution and/or the preparation of an updated Benefits Booklet.
APPENDIX P - Letter of Understanding Regarding Pension Same Sex Benefits
Delete
APPENDIX Q - Letter of Understanding Regarding Reciprocal Transfer Agreements and Mortality Issues
Delete
APPENDIX R - Candidate Self-Identification Form
Delete
APPENDIX S - Memorandum of Understanding Regarding Tenure And Promotion
Delete
LETTER OF INTENT - Procedures for Harassment of Discrimination Complaints
Add a new Letter of Intent as follows:
LETTER OF INTENT - PROCEDURE FOR DEALING WITH COMPLAINTS OF HARASSMENT OR DISCRIMINATION
This letter of intent, which incorporates many of the elements of the "Draft Procedure for Dealing with Complaints of Harassment and Discrimination by University Employees" now stands as the Procedure for Dealing With Complaints of Harassment of Discrimination with respect to YUFA bargaining unit employees. Where the procedures described in this letter of intent differ from those procedures, the procedures in this letter of intent shall apply to YUFA bargaining unit employees.
The parties agree that all members of the YUFA bargaining unit, whether a Complainant or a Respondent, shall be subject to the following procedures. The parties further agree that they will jointly endeavour to have other bargaining agents representing employees of the University agree that employees covered by other collective agreements will also be subject to these procedures:
(1) These procedures are not intended to extinguish rights and remedies available at law to any of the parties or persons concerned.
(2) In order to help facilitate the informal resolution of harassment or discrimination issues and treat Complainants and Respondents fairly, reasonable steps will be taken throughout these procedures so that only those who need to be made aware of a complaint in order to administer or participate in these procedures are provided with information about a complaint. Further, all memoranda and reports made in the course of action taken pursuant to these procedures shall be considered to be confidential to the parties involved and to those who, in providing advice and carrying out duties contemplated in these procedures, have a need to know of their existence and content.
(3) The Complainant (and the Respondent where appropriate) shall be informed by the Centre that an advocate of their choice may accompany them throughout the process described below.
(4) An individual who believes she/he is being harassed or discriminated against on a prohibited ground set out in the collective agreement shall discuss the incident(s) with the appropriate complaint centre (e.g. The Centre for Human Rights and Equity ,The Centre for Persons with Disabilities, The Centre for Race and Ethnic Relations, The Sexual Harassment Education and Complaint Centre). Managerial/supervisory employees who receive a complaint about harassment or discrimination by an individual on a prohibited ground set out in the collective agreement will provide that person with a copy of these procedures and assist that person in making an appointment to discuss the incident(s) with the appropriate complaint centre. Managerial/supervisory employees who receive a complaint shall prepare a brief written memorandum to the Centre setting out the date and time the complainant first contacted them, and confirming that they gave the complainant a copy of these procedures and assisted the Complainant in making an appointment with the Centre and will forward this Memorandum to the Centre. Managerial/supervisory employees shall not keep copies of such memoranda.
(5) Normally, within ten (10) working days following this discussion the Centre shall make a preliminary determination as to whether the complaint is one which:
(i) Is based on facts which have occurred more than six months prior to the date of the lodging of the Complaint;
(ii) Is one which might be resolved informally; or
(iii) Is one which might be resolved by mediation; or
(iv) Is one which might not be resolved informally or by mediation and requires a formal complaint and investigation;
(v) Is trivial, frivolous, vexatious or made in bad faith.
(6) Where it appears to the Centre that the facts upon which the Complaint is based occurred more than six months before the Complaint is made, unless the Centre is satisfied that the delay was incurred in good faith, the Centre may recommend that the University not deal with the Complaint.
(7) If, in the opinion of the Centre, the Complaint is trivial, frivolous, vexatious or made in bad faith, it will so advise the Complainant and may decline to assist the Complainant further.
(8) Informal resolution:
(i) If the matter is one which, in the opinion of the Centre and the Complainant, might be resolved informally, the Centre will use its reasonable efforts to assist the Complainant in effecting an informal resolution which, if achieved, will be the end of the process. The parties to any such resolution may include the respondent and (where required or desirable), representatives of the union(s) of which each of the Complainant and Respondent are members and the University represented by a manager.
(ii) Advice given to a Complainant concerning informal resolution will be reflected in a memorandum prepared by the Centre and signed by the Complainant. If the Complainant names the Respondent and the Respondent is named in the memorandum, the Respondent must be notified.
(iii) Should informal resolution fail, either party may request mediation or a formal investigation.
Mediation
(i) If the matter is one which, in the opinion of the Centre, the Complainant and the Respondent might be resolved by mediation, the parties will be referred to the mediation services of Mediate@York. Within ten (10) working days of such referral, a mediator will be appointed from among a panel of internal mediators agreed upon by the Employer and the Association. Within ten (10) working days the mediator will then coordinate a meeting between the mediator and the parties involved.
(ii) The parties to any such mediation will include the Complainant and Respondent, representatives of the union(s) of which each of the Complainant and Respondent are members, the University (represented by the manager(s) of the area(s) in which each of the Complainant and respondent are employed) and a representative of any other department that will be affected by the result of the mediation.
(iii) The outcome of the mediation will result in one of the following:
- No resolution is reached and the Complainant decides to withdraw the allegation and take no further action.
- A resolution is reached, written up and signed by all parties to the mediation. The Centre and each of the paries to the mediation shall receive a copy.
- No resolution is reached and the Complainant requests that the matter proceed to the Formal Complaint and Investigation stage.
(10) Formal Complaint and Investigation
(i) If a matter is one which, in the opinion of the Centre, could not be appropriately dealt with by informal resolution or mediation , or has not been resolved by either informal resolution or mediation within a reasonable time, the Centre will upon request assist the Complainant in preparing a formal complaint. A formal complaint will be in writing and signed by the Complainant, and, where appropriate, includes a Complaint contained in a grievance under a collective agreement.
(ii) A copy of the formal complaint will be forwarded to the Respondent and to the Dean/Principal/University Librarian/Vice-President in whose area the Respondent is employed and if the Complainant is an employee, to the Dean/Principal/University Librarian/Vice-President in whose area the Complainant is employed.
(iii) The Respondent will submit a written response to the formal complaint to the appropriate Dean/Principal/University Librarian/ Vice-President.
(iv) Within fifteen (15) working days of receiving a Formal Complaint and the Response, the Dean/Principal/University Librarian/Vice-President shall determine whether a formal investigation is warranted, and if so will appoint an Investigator from a list of internal investigators agreed to by the Employer and the Association to look into and report on the facts surrounding the Formal Complaint. The investigator shall promptly conduct an investigation of the allegations giving rise to the Complaint and compile a draft investigation report.
(v) Upon receiving a Formal Complaint against an employee in his/her area the Dean/Principal/University Librarian/Vice-President will (in consultation with Employee and/or Academic Staff Relations, or with other University officials as appropriate) make a decision as to what remedial action, if any, should take place in the workplace while the investigation is taking place.
(vi) The investigator shall provide a copy of the draft investigation report to each of the Complainant and the Respondent, who shall have ten (10) working days in which to notify the investigator, in writing, or any errors or omissions in the report and the description of the facts or allegations provided by each of them to the Investigator.
(vii) The investigator shall forthwith after receiving any comment provided for above make such further enquiries, if any, as are necessary and prepare a final Investigation Report. A copy of the Investigation Report will be given to the relevant Centre, the Complainant, the Respondent, representatives of the union(s) of which each of the Complainant and Respondent are members, and the University.
(11) Administrative Action
(i) Within twenty (20) working days of the receipt of the Investigation Report the President or Dean/Principal/University Librarian/Vice-President in whose area the Respondent is employed shall consult as appropriate and make a decision or give directions on:
- What remedial action, if any, shall be taken or continued in the Respondent's workplace in the circumstances;
- Whether the facts as revealed in the Investigation Report are such that some managerial action is warranted in the circumstances, and if so what managerial action (including the disposition of a grievance, disciplinary action or discharge) is so warranted;
(ii) A copy of the decision shall be sent to the relevant Centre and to each of the Complainant and the Respondent, and representatives of the union(s) of which each of the Complainant and Respondent are members.
(12) Reprisal
No person shall be penalized in employment for bringing forward a Complaint in good faith, or for co-operating in the resolution or investigation of any Complaint.
(13) Penalties for Vexatious or Bad Faith Complaints
Individuals who make a Complaint against another person in bad faith or for a vexatious purpose may be subject to disciplinary action.
NEW APPENDIX "XX" - Graduate Supervision
Add a new Letter of Understanding re graduate supervision as follows:
Letter of Understanding - Graduate Supervision
Faculty members who are appointed to a unit with a "normal teaching load" of 3.0 FCE's per year shall receive credit for graduate supervision as follows:
Principal supervisors of at least one Masters student in the first 2 years of his or her program or PhD student in the first 6 years of his or her program shall receive a 0.125 FCE credit per year for each such year of principal supervision (to be credited on a 'slip year' basis).
Faculty members who are actively involved in other formal supervisory activity of at least one Masters student in the first 2 years of his or her program or PhD student in the first 6 years of his or her program shall receive a 0.125 FCE credit per year for each such year of other formal supervisory activity (to be credited on a 'slip year' basis)
The 0.125 credit referred to in (b) above applies to a principal supervisor to whom (a) above applies if that faculty member, in addition to that principal supervision, also does other formal supervisory activity for at least one other student as per (b) above, or more than one principal supervision.
The maximum credit per year pursuant to the above is 0.25 FCE.
Note: No faculty member will have his or her current FCE credit for graduate supervision diminished as a result of this Letter of Understanding.
NEW APPENDIX "XX" - Academic Administrative Positions
Add a new Letter of Understanding re Academic Administrative Positions as follows:
The Stipend and minimum Release for Academic Administrative positions is a follows:
CATEGORY 1
Stipend: $5000
Minimum release 1.5 full course
CATEGORY 2
Stipend: $4000
Minimum release: 1 full course
CATEGORY 3
Stipend: $3500
Minimum release: 1 full course
CATEGORY 4
Stipend: $2500
Minimum release: 0.5 course
CATEGORY 5
Stipend: $1250
Minimum release: 0
CATEGORY 6
Stipend: $5000
Minimum release: 0
CATEGORY 7
Stipend: $0
Minimum release: 0.5 course
Notes:
(i) No person currently in an academic administrative position set out above will have their existing stipend or release diminished as a result of this Letter of Understanding so long as they remain in that academic administrative position.
(ii) Academic administrative positions not listed above or new academic administrative positions will be brought to JCOAA for category placement.
(iii) Notwithstanding Article 25.11, the stipend and minimum release provisions above do not apply to the Schulich School of Business for the term of this collective agreement.
(iv) All stipends, including the Schulich School of Business stipends, are subject to the reporting requirements of Article 8.01(b)(i).
ATTACHMENT - Alternate Stream Document
Delete the existing first 2 sentences of the fourth paragraph and replace with the following:
Since the Alternate Stream sets up career orientation that is substantially different from that of the regular stream, in normal circumstances this document does not foresee the possibility of transfers or joint-appointments between streams. In those cases where qualifications and aspirations change, movement across the streams would, of course, be possible on the basis of a new appointment in competition with other qualified applicants, or in exceptional circumstances a transfer as provided for in the second paragraph of Article 12.13.
ATTACHMENT - Criteria and Procedures for Promotion and
Continuing Appointments of Professional Librarians
September 25, 1978
Substitute "University Librarian/Dean Faculty of Law" in place of all references to "Director" or "Director of Libraries".
Delete the existing section on Membership of the Promotion and Continuing Appointments Committee and substitute the following:
Membership of the Promotion and Continuing Appointments Committee
A standing committee on Promotion and Continuing Appointments shall advise the University Librarian/Dean Faculty of Law on promotions and continuing appointments; its deliberation shall be in camera and completely confidential.
Normally, the Committee shall consist of five members, at least two of whom shall be librarians with continuing appointment, one to be a non-librarian and one librarian without continuing appointment.
When considering the file of a librarian appointed in the Law Library, at least one member of the Committee shall be a librarian appointed in the Law Library with continuing appointment. If necessary to meet this requirement, the Committee shall, for the purpose of reviewing such a file, add one member.
No person may serve on a committee to consider an appeal relating to continuing appointment if he/she was a member of the PCAC which made the original recommendation.
In connection with new Article 18.42 Teaching Assistance, the Employer will after ratification promptly provide a side letter to the Association confirming that a total of $300,000 in each year of the collective agreement will be distributed to the faculties.
The parties agree that the foregoing constitutes the full and final settlement of all issues in dispute and all other issues or proposals are withdrawn.
DATED AT TORONTO THIS 2nd DAY OF AUGUST 2001