Appendix A
Bargaining Unit Inclusions/Exclusions

[Article 2, etc.]

A. York University and the York University Faculty Association agree to the following unit appropriate for collective bargaining.

All persons holding appointments as full-time faculty members or full-time librarians employed by York University, save and except:

(1) President,
(2) Deans (except the Dean of Students at Glendon College),
(3) Associate Deans,
(4) Senior academic administrator responsible for Office of Research Administration,
(5) Director of York International
(6) Director of Research and Executive Development (Schulich School of Business),
(7) Faculty members on the Board of Governors,
(8) Faculty members employed at York University while on leave from other universities or educational institutions,
(9) University Librarian,
(10) Law librarian,
(11) Two (2) professional librarians to be designated by York University.
(12) Provost
(13) Secondees Faculty of Education
(14) Associate Vice President, Academic Resource Planning
(15) Senior Policy Advisor to the President
(16) Assistant Legal Counsel
(17) Associate Vice President, Strategic Academic Initiatives
(18) Vice President of Enrolment and Student Services
(19) Director, Academic Staff Relations

1. 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 College of Liberal and Professional Studies, where the number shall not exceed three (3), unless otherwise agreed between the parties.

2. The University is at liberty to exclude from the unit, upon their appointment, an Academic Vice-President and up to three (3) academic assistants in the Office of the President at any one time.

3. The unit does not include Post-Doctoral Fellows, Research Associates, or persons appointed to the Centre for Continuing Education, unless they are full-time members of faculty.

4. The bargaining unit includes:

(a) persons holding appointments as full-time faculty members:

(i) at the rank of Instructor,
(ii) in the Department of Physical Education,
(iii) in the Writing Workshop,
(iv) serving terminal appointments,
(v) in the contractually limited classification other than in A (9), above,
(vi) serving as Masters or Senior Tutors/Academic Advisers of Colleges,
(vii) serving as Chairpersons of Departments or Divisions, save and except any such persons excluded under the terms of A (1) - A (19), above;

(b) part-time professional librarians appointed on a continuing basis for 50% or greater F. T. E.;

(c) "administrative" faculty members as defined in C, below;

(d) SSHRC Canada Research Fellows appointed to York University.

5. (a) The number of faculty members in A (8), excepting Secondees in the Faculty of Education, shall not exceed twelve (12) without agreement between the parties.

(b) The number of Secondees in A (13) in the Faculty of Education shall not exceed 30.

6. All full-time faculty members serving in administrative positions excluded from the bargaining unit will rejoin the bargaining unit upon completion of their terms.

C. The parties agree that the "administrative" faculty member specified in B 5 (c), above, is, at 1 May 1996, Femida Handy. The parties further agree that this employee does not hold appointment in the full-time faculty stream, that her appointment may be terminated at the discretion of the Employer upon reasonable notice of no less than twelve (12) months, and that her employment as faculty members is governed by the following Articles: 3, 4.01, 9, 10, 11, 18.01, 18.02, 18.03, 18.04, 18.05, 18.10, 18.17, 18.25, 18.26, 18.27, 18.33, 18.35, 19.01, 19.02, 19.03, 19.04, 19.05, 19.07, 19.08, 19.09, 19.10, 19.11, 19.14, 19.16, 22, 27. 04, 25and 26.

D. The parties agree that the SSHRC Canada Research Fellow, appointed to York University do not hold appointments in the full-time faculty streams, that their appointments are subject to the terms of the SSHRC Canada Research Fellowships, and that their employment as members of the YUFA bargaining unit is governed by the following Articles: 1; 2; 3; 5; 6; 7; 8; 9; 10; 11; 15; 16; 17; 18. 01; 18. 02; 18. 33 (Working Environment); 18. 35 (Fines and Charges); 18. 36; 19. 01; 19. 02; 19. 05; 19. 07; 19. 14; 22 and 23.

E. 1. For purposes of identification, SSHRC Canada Research Fellows shall normally be designated as Assistant Professor (Canada Research Fellow) or Assistant Professor and Canada Research Fellow.

2. Individuals who have been Canada Research Fellows and who are subsequently appointed to a tenure stream position shall receive credit towards sabbatical, calculated at 1/2 of a year of York service for each year in which the Fellowship is held at York.

3. Individuals who are Canada Research Fellows, Undergraduate Research Fellows (URFs) and Natural Sciences and Engineering Research Council (NSERC) Women's Faculty Award Holder's shall be guaranteed a place on the short-list and an interview for full-time position tenure track positions or CLA provided that s/he applies and holds prima facie qualifications for the position for the next three (3) years.

4. A list of all Canada Research Fellows, URFs and NSERC Women's Faculty Award holders along with curriculum vitae will be circulated among all Faculties/ Departments/Divisions/Academic Units by 31 August 1992, accompanied by a letter from the Vice-President (Academic) and the AVP (Research) recommending that units and faculties explore the possibilities of maximizing the qualifications of multidisciplinary Canada Research Fellows, URFs and NSERC Women's Faculty Award holders and the benefits to units through cross-appointments or other co-operative arrangements.

5. Parties agree that the Administration explore other initiatives which would assist Canada Research Fellows, URFs and NSERC Women's Faculty Award holders in securing full-time positions at other institutions.

F. The parties agree that in the matter of workload of secondees and the appointments processes for secondees existing practices will maintain until 30 April 1993 or until the mutual agreement of the Parties on these matters.

Appendix B
Lay-off for Reason of Financial Necessity

The percentage figure of 39.46%, for insertion in the appropriate clauses of Lay-off for Reason of Financial Necessity was arrived at as follows: ($000)

Appendix C
Memorandum of Understanding
Regarding Exceptions to the Agreement

[Article 25.11]

1. The parties agree that any member of the bargaining unit whose formal terms of appointment in respect of salary or entitlement to leave are contrary to the provisions of Articles 19, 20, or 25 shall be treated according to those terms of appointment, if the employee so desires.

2. The parties agree that the Employer may, at its discretion, award additional years accredited toward entitlement to sabbatical leave to individual employees in recognition of their service as academic-administrators in the bargaining unit, or for service to the University in non-bargaining unit capacities. In exceptional cases, an increased level of sabbatical salary support may be used as an alternative to the award of years accredited toward entitlement to sabbatical leave.

3. The parties agree that where members of the bargaining unit who have served in academic-administrative positions excluded from the unit have entered into an agreement with the Employer with respect to salaries, leaves, or special duties to be effective upon their return to the bargaining unit, the terms of any such agreement shall supersede the relevant terms of this Agreement.

4. 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:

2001-2002: $367 898, plus fringe benefits

2002-2003: $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.

5. The Employer undertakes to apply the provisions of this Agreement to the Chairperson and the Alternate Chairperson of the Joint Grievance Committee.

Appendix D
Memorandum of Understanding
Regarding Long-Term Disability Insurance

(Article 26.10)

1. With respect to the Long-Term Disability Insurance coverage specified under Article 26.10 of this Agreement, the Employer agrees, effective 1 November 1985, to maintain a nominal or "shadow" salary for employees receiving Long Term Disability benefits, and to make such additional contributions to the York Pension Plan in respect of that employee as are needed to bring the contributions to the Pension Plan to the level of the contributions required of the Employer and the employee for a salary at the level of the employee's "shadow salary". At retirement, Final Average Earnings shall be based upon the annual "shadow" salaries thus established, and the employee shall be credited for Pension Plan purposes with a full year of service for each year for which Pension Plan contributions are made on the basis of this full "shadow" salary.

Should these provisions require amendment of the York Pension Plan the administration agrees to recommend to the Board of Governors that the necessary amendments be made and submitted as required to the appropriate regulatory agencies for approval.

2. An employee receiving Disability benefits under the terms of the Constellation Life Long Term Salary Continuance Plan, whose disability payments will end at age 65, shall be paid a monthly payment by the Employer equal to the amount of his/her monthly payment from the LTSCP at the time of its termination, for that period of months until he/she reaches normal pensionable age and becomes eligible to receive a pension from the York Pension Plan.

3. In paragraph (1) above, "shadow" or "nominal" salary shall mean the academic base salary of the employee at the time of proceeding to Long-Term Disability, increased annually in accordance with any base adjustments, Career Progress Increments, or other across-the-board increments agreed upon between the Employer and the Association in their periodic contract negotiations, to a maximum of the increase in the Consumer Price Index, calculated as per Appendix F of this Agreement, for the contract period in question. The maintenance of a "shadow" salary in this manner shall be solely for the purposes of pension calculation for persons who spend periods of time receiving payments from the Long-Term Disability coverage, and carries no implication for those other clauses of the Collective Agreement which deal with the matter of determining academic base salary for individuals on various other kinds of leaves.

Appendix E
Pay Equity

[Article 25.13]

Faculty Pay Equity

For active women faculty employees as of 1 July 2000 and who were also active women faculty as of 1 July 1995, the parties agree to distribute 
$450 000 in base monies for faculty pay equity adjustments as per 25.13(a) pursuant to the following method:

(a) Identify women eligible for compensation as those whose pay, on 1 July 1995 was

(i) $2500 or more below the male line, regressing pay only on years since first full-time teaching appointment and a variable to identify Alternate Stream faculty; or

(ii) $2500 or more below the male line, regressing pay only on age and a variable to identify Alternate Stream faculty; or

(iii) $2500 below the male line in (a), above, when relevant previous experience is credited.

(b) To identify women who would be eligible in (a)(iii) above, information on potentially relevant previous experience has been obtained by means of telephone interviews conducted under contract by the Institute for Social Research, as included in the agreed-upon questionnaire, including:

(i) part- or full-time teaching in educational institutions of various levels. Only for members of the Faculty of Education will elementary and high school teaching be considered relevant;

(ii) research work;

(iii) employment in business or profession;

(iv) professional creative activity;

(v) other work experience relevant to the present academic position.

Different information will be collected for: faculty with a graduate degree; faculty with an undergraduate degree but no graduate degree; and faculty without a university degree. The parties have agreed on what constitutes relevant experience in the above.

(c) In allocating this fund of $450 000 referred to in Article 25.13(a), the parties affirm the principle that the proportion of the anomaly to be compensated will increase for larger anomalies.

Librarian Pay Equity

The parties hereby agree as per 25.13(b) to the following:

(a) An adjustment to base to straighten the line to 87% of the faculty line. Such adjustments were retroactive to January 1990. Pensions and early retirement sums for librarians who retired between January 1990 and 14 December 1995 were adjusted to reflect an appropriate increase. Pro-rated adjustments were paid to librarians who had not been members of the bargaining unit continuously since January 1990.

Salaries for professional librarians in the bargaining unit were reviewed and readjusted as required after the faculty pay equity adjustments were made.

(b) Librarians who are currently in the bargaining unit and who have one or more graduate degree(s) if additional to professional librarian degree, received a $1000 base adjustment. These base adjustments were applied after adjustments in (a) were made.

After these adjustments were applied, Librarians whose salaries remained below 85% of the faculty pay line received a base adjustment to raise their salaries to 85% of the faculty pay line. The base adjustments in (b) were effective 1 January 1996.

Appendix F
Retired Employee's Benefit Coverage

[Article 14.08(b)(ii)]

[For a summary of current coverage, click here]

Dear Professor X:

We are pleased to provide you with the various benefit options available to you effective 1 October 1997. To finalize your retirement plans, you must confirm the accuracy of the information provided in this package by completing the enclosed RETIREMENT ELECTION FORM and return it to our office.

Please return a signed copy of the enclosed Option Selection Form with your selection indicated. We have also enclosed a Personal Tax Return Credit Form (TD1) to be completed and returned to our office so that your tax exemption may be recorded.

We can advise the Canada Trust Company to send your payments to your home address or, you may take advantage of their automatic deposit system for your monthly pension benefits by returning a completed Transfer Of Funds Form to our office. Canada Trust will confirm the deposit date of your first payment.

Before any pension benefits can be released proof of age for you and your spouse is required. Please forward a copy of your birth certificates or, if this is not readily available, a Certificate of Baptism or Citizenship papers. Please include your spouse's Social Insurance Number.

After retirement, your York University pension benefits will be adjusted annually. Pension benefit adjustments are based upon the average rate of return of the fund for the previous four years, less 6%. However, should any four-year average fall below 6%, your pension benefit will not be reduced.

The University has established a post-retirement benefits programme for retired employees who were members of the York University Faculty Association. This programme consists of Extended Health Care and Dental Plan coverage. A brochure outlining the details of coverage under both the Extended Health and Dental Care Plans is enclosed. Please note that your monthly cost to subscribe to the programme is $18.00 for single coverage and $34.00 for family coverage.

To ensure that your decision regarding the Extended Health and Dental Care Plans is recorded, we ask that you complete the attached Enrolment Participation Form. Completion of the attached Payment Of Premiums Form is also required if you choose to subscribe.

A letter confirming your selections for the funds in the York University Pension Plan will be forthcoming after we are in receipt of all required items. In addition, confirmation of your Post Retirement Benefit selections will be included.

If you have any questions or require further information, please do not hesitate to contact us at (416) 736-2100 extension 40181.

Sincerely,

Pension and Benefits Counsellor
Department of Human Resources

Appendix G
Childcare

[Article 26.14]

Memorandum of the Agreement Between YUFA
and the Board of Governors

1. The parties agree that the attached agreement shall constitute full and final settlement of YUFA's policy grievance of 13 March 1984 (Grievance re Daycare Support).

2. The parties further agree that so long as the attached agreement continues in force, it shall form part of their Collective Agreement and shall be deemed to renew itself and form part of any Collective agreement subsequently entered into between the parties.

3. The parties agree that this agreement shall be without prejudice to any agreement that might be negotiated between the parties on matters other than daycare.

27 March 1985

Agreement

WHEREAS, the parties to this agreement mutually recognize the continued desirability of the provision of daycare services of high quality for students, staff and other members of the University; and,

WHEREAS, the York University Co-operative Daycare Centre (the "Centre") continues to provide such services for and on behalf of the University Community; and,

WHEREAS, the parties agree to the continued provision of the University facilities and support for the Daycare in pursuance of these objectives;

THEREFORE, the parties undertake as follows:

1. The parties to this agreement are the Board of Governors of York University ("the Board"), the York University Faculty Association ("YUFA"), and the York University Co-operative Daycare Centre ("the Centre").

2. The Centre shall continue to occupy its present space on the ground floor of the Atkinson Residence Building, or equivalent space elsewhere in the University designated by the Board and acceptable to the Centre.

3. The Board shall continue to extend the benefit of a 60-day courtesy account to the Centre.

4. The board shall continue to permit the Centre to administer its payroll and staff benefits through the University's facilities, as a matter of convenience to the Centre. The Board, YUFA, and the Centre agree that employees of the Centre are not employees of the University.

5. The level of direct financial support by the Board to the Centre shall be determined as follows:

(a) For 1984-85, the sum of $50 000 (fifty thousand dollars);

(b) For 1985-86, a sum consisting of:

(i) $56 000 (fifty-six thousand dollars), plus

(ii) an amount equal to the dollar increase over 1984-85 in the University's rental charge for space occupied at present by the Centre, plus

(iii) an amount equal to the dollar increase over 1984-85 in the University's annual charge of 32 hours per week DPP cleaning. Thirty-two hours per week shall constitute the basis for calculation of this amount irrespective of the number of hours actually supplied the Centre by the DPP.

(c) For 1986-87 and subsequent years, a sum consisting of the previous year's direct financial support plus amounts equal to the dollar increase over the previous year's rental and cleaning charges respectively, calculated as in (ii) and (iii) above.

(d) Should the Centre be relocated from its present location, pursuant to paragraph 2 above, the Board's direct financial support to the Centre shall continue to be calculated on the basis set out in paragraph 5(c) above.

6. Notwithstanding the agreement in (4) above, the parties agree that the Board may at its discretion grant such requests for additional funding as the Centre may from time to time submit.

7. The Centre undertakes that no fewer than sixty per cent of its daycare spaces shall be available for the children of students registered at York University.

8. This agreement shall remain in force for the period 1 March 1985 to 30 April 1990, and shall thereafter renew itself annually unless notice of intent to terminate or renegotiate the agreement is served by any of the parties, in which event this agreement shall expire two years from the date on which notice is served, unless otherwise agreed by the parties.

Appendix H
Letter of Offer

(Article 12.28)

Letters of offer as provided for in 12.28 shall include the appropriate version of the following text:

Version 1.

Your salary rate commencing _________ will be $_________ per annum. This rate is a ________ (appointment year) salary rate and will not be increased by any increments effective (appointment year) which (have been, are being, will be) negotiated between the York University Faculty Association and the York Administration.

Version 2.

Your salary rate commencing _________ will be $_________ per annum. This salary is expressed in _________ (current year) terms and will be increased by a percentage equal to the following categories of salary increments: (These categories can be found in Article 25 of the YUFA/Board of Governors Collective Agreement.

Appendix I
Letter of Intent
Regarding Librarians' Workload

[Article 18.17]

The Employer will also approve, in a timely manner, a continuing stream position each time a professional librarian retires or resigns from employment during the term of the collective agreement, it being understood that the position need not necessarily be to replace the professional librarian who retired or resigned.

In addition, the Employer will continue a fund of $15 000 (approximately 15 hours per week) in each year of the collective agreement to support part-time assistance for the Libraries to provide support for peak periods, sick leave replacements, and other such factors.

The YUFA Library Chapter shall, in light of the library's needs and priorities, recommend to the University librarian the areas of responsibility for any continuing stream appointments. Any such recommendations shall be seriously considered and not be unreasonably denied.

The provisions of this Letter are without prejudice and do not establish a precedent.

Appendix J
Form Letter
Regarding Misconduct in Academic Research

(Article 11.07(c))

Re: Text of Employer's written statement to an external agency in response to a request for information:

York University has received your request of [place/date here], and source of request for information concerning... We are authorized to advise you that:

(a) no such investigation is being conducted;

(b) an investigation is being conducted and no determination as to the validity of any allegation(s) has been made. We trust that you share our concern and responsibility to protect our valued colleagues from rumour and false accusations. If a finding of misconduct in academic research is made and subsequently sustained by dismissal, we shall advise you of the decision. We shall also advise you if the allegations(s) is dismissed at any stage;

(c) an investigation was conducted and all complaints/allegations were dismissed.

In the interests of protecting all concerned it is the policy and practice of York University to treat such information as being available on a need to know basis only.

Appendix K
Form Letter
To Short-listed Candidates

It is agreed that the Administration will inform all Chairs that they must send the following letter to all short-listed candidates, on or before the interview.

Dear X:

The York University Faculty Association is the certified bargaining agent of all persons holding appointments as full-time faculty members or full-time librarians employed by York University. The Association is responsible for negotiating the terms and conditions of employment of this group.

In addition to representing the interests of existing employees in this group, if it is requested, the Association will assist short-listed candidates in preparing to negotiate their potential contract. Assistance must be requested before the letter of appointment is signed.

If you require further information or any advice concerning the negotiation of the terms and condition of your appointment, please do not hesitate to contact the Association at: 4700 Keele Street, 241SSB, M3J 2R6; tel. 416 736 5236; email yufa@yorku.ca.

Yours Sincerely,

Chairperson
York University Faculty Association

Appendix L
Research Development 
Fellowship Programme

[Article 19.33]

The current terms and conditions respecting the Research Development Fellowship (RDF) Programme as per 19.33 are as set forth hereunder and form part of this Agreement.

Although it is clearly intended that a full-time faculty member's responsibilities in teaching, service to the University and research/scholarly/creative/professional contributions and a professional librarian’s professional responsibilities, service to the University, and research/scholarly/professional contributions be complementary, it is sometimes the case that excessive commitments in teaching or professional responsibilities and/or service can be detrimental to the progress in another area. In recognition of this fact, as well as of the impact of other factors such as illness can have on an individual's attempts to complete a project, the Administration shall offer, on a competitive basis, up to 4 Research Development Fellowships from a fund consisting of the equivalent of 12 Course Directorships in monies available to be awarded in each year of the Agreement. The academic unit or library branch shall be entitled to receive replacement costs for the employee. Such fellowships are intended to provide a participant with a period of time during which his/her teaching or professional responsibilities and service commitments are reduced or eliminated, thereby enabling the individual to devote more time and energy to a particular project.

1. Eligibility

The Research Development Fellowship Programme is open to tenured faculty and librarians with continuing appointments with at least five years full-time service at York. In keeping with the expressed intent of the Programme, priority will be given to those nominations demonstrating that heavy teaching or professional responsibilities and/or service to the academic community or other relevant factors have delayed the completion of a project. Successful candidates shall not have been on leave in the year immediately preceding the fellowship year and so as not to unduly disrupt the scheduling of a department's/unit's teaching or the scheduling of professional responsibilities in the Library may be unable to take leave in the year immediately following the fellowship year.

2. Application Process

Eligible faculty/librarians should complete the application agreed upon by the parties and forward it to: Research Development Fund Secretary, 241 Schulich School of Business. Each application shall include the following:

(a) a clear statement as to whether the applicant is applying to take the fellowship year as a full course load reduction or full leave from professional responsibilities, or on a reduced-load basis (one or two course load reduction, reduced professional responsibilities); such a statement to include a rationale supporting his/her preference;

(b) a description of the project in progress which the individual wishes to complete;

(c) an explanation of the scholarly/creative/professional significance of the project;

(d) the proposed methodology to be employed in completing the project;

(e) a schedule for the completion of the project;

(f) an up-dated curriculum vitae;

(g) an assessment of the project from a referee familiar with the applicant's work and area of research;

(h) a letter of support from someone familiar with the service/teaching/professional responsibilities or other factors that have blocked progress of the project.

3. The replacement of Fellows will be supported on the basis of part-time rates in accord with the following formula: 75 per cent of replacement teaching costs to be paid from the Research Development Fund, and 25 per cent to be covered by the Faculty of the recipient or the Library, whichever is appropriate.

4. Selection Process

The Research Development Fellowship Joint Committee will select, on the basis of all the information at its disposal, up to ten successful applicants. Written notification of selection will be provided to each nominated applicant and, where requested in writing by an unsuccessful candidate, the Committee will provide a brief written statement of the reasons for its decision.

5. Any course directorship monies that are allocated for a given competition but are unspent will be carried forward to the next year’s competition.

6. Terms and Conditions of the Fellowships

(a) The fellowship year will be taken either as a full teaching load reduction or a full leave from professional responsibilities or on a reduced-load basis (one or two courses reduction, reduced professional responsibilities); which option is selected will depend upon the preference of the successful candidate, the nature of his/her project and the needs of the relevant Faculty/Department.

(b) Regardless of which option is selected, participants will receive 100 per cent of their regular base salary during the “fellowship year”. The “fellowship year” will count as a year of service.

(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 a administrative appointment or agrees to an interim administrative appointment which precludes taking up the award.

(d) Projects involving human participants must receive approval from the Human Participants Review Committee before they can proceed. Projects involving animals must be approved by the Animal Care Committee before they can proceed.

7. If the full teaching load reduction or full leave from professional responsibilities option is agreed upon the participant will receive the fellowship year in addition to his/her normal sabbatical. In the interests of not unduly disrupting the department's/unit's scheduling of courses or the Library's scheduling of professional responsibilities, if scheduled for the year immediately following the fellowship the normal sabbatical may be delayed by one year.

8. The Research Development Fellowship Programme has been initiated to provide opportunities to employees who have been unable as a result of excessive teaching or professional responsibilities, service commitments and/or other relevant factors to complete a particular project in the third area of their responsibilities—research/creative/scholarly/professional activities. To facilitate a participant's completion of such project, the Administration is providing 100 per cent base salary support, a release from service commitments and is agreeing to teaching load reductions or reductions in professional responsibilities. Consequently, and subject to the terms of the Collective Agreement, it will not normally be expected that a participant will engage in overload teaching or committee work during the fellowship year. In keeping with the purpose of the fellowship year - to complete a stalled project - and in accord with the provisions of the Collective Agreement, in particular Article 18.04, outside activities should not interfere with the participant's progress or should be correspondingly reduced.

9. A participant in the Programme has one calendar year from the date of completion of his/her fellowship year within which to report to the Dean/Principal/University Librarian with a copy to the Associate Vice President (Research) on his/her activities during the fellowship year and the status of his/her project as a result of his/her participation in the Programme.

As in the case with other University Fellowship Programmes, the recommendations, nominations and decisions made pursuant to the terms of the Research Development Fellowship Programme are not subject to the grievance/arbitration procedures of the Collective Agreement. Disputes respecting recommendations, nominations and decisions made pursuant to the terms of the Research Development Fellowship Programme shall be submitted to the Appeals Committee established for this purpose.

10. Appeals Procedure

(a) An Appeals Committee of five members shall be constituted to hear appeals by applicants who have not been awarded a Research Development Fellowship. Only applicants who have been denied a Research Development Fellowship outright shall be entitled to appeal. Applicants awarded less “time-off” than requested shall not be eligible to appeal.

(b) All appeals to the Appeals Committee shall be made within 14 days of receipt of written notification of the Research Development Fellowship Joint Committee's decision on awards. Appellants shall submit the reasons for their appeal and arguments supporting their case in writing and may cite, as part of their appeal, alleged procedural irregularities and/or perceived academic misjudgements. Appeals shall be sent to the Appeals Committee via the Secretary of the Research Development Fellowship Fund (241 Schulich School of Business). Appellants shall have the right to appear before the Appeals Committee.

(c) Upon receiving an appeal, the Parties to the Agreement shall then proceed to select from a previously agreed upon pool of ten a panel of 5 Appeal Committee members. In the event that the Parties are unable or fail to select the five members of the Appeals Committee within 7 days of yufa’s receipt of the notice of Appeal, the Secretary of the Research Development Fellowship Fund shall inform the co-Chairs of the Joint Grievance Committee, one of whom shall select the members.

(d) The Appeals Committee once selected shall set the appeals process in motion.

(e) The Appeals Committee shall select its own Chairperson from among its members and a member to serve as secretary, who will keep appropriate minutes.

(f) The Appeals Committee shall meet within 21 days of the date of the closing of appeals to hear those appeals submitted to it. The Committee shall complete its work within 14 days of its first meeting to hear appeals and shall communicate its decision within 48 hours to the appellants.

(g) If not available from the current year’s allocation, release time awarded to successful appellants will be taken from the release time allocation for the following year’s competition.

(h) All files submitted to the original RDF Joint Committee shall be made available to the Appeals Committee to enable appropriate comparisons to be made.

(i) All material from the Appeals Committee shall be deposited with the Secretary of the Research Development Fellowship Fund after the appeals process has been completed.

(j) Decisions of the Appeals Committee are final and binding on all concerned including the Parties to the Agreement.

Appendix M
Merit Procedures

1. (a) The Employer shall establish a merit pool consisting of a total of 225 merit awards, 175 of which will be $2000, and 50 of which will be $3000 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 2000 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 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.

Appendix N
Benefits Booklet

The parties agree that the Employer will produce 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 O
Letter of Understanding
Regarding 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:

1. 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).

2. 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)

3.  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.

Appendix P
Academic Administrative Positions

[Article 25.10]

The Stipend and minimum Release for Academic Administrative positions is a follows:

CATEGORY 1
Stipend: $5000
Minimum release 1.5 full course

• Chairs - Departments, School, Divisions - Large
• Director - Athletics
• Directors - ORUs
• Director - Admin Studies (ATK)
• College Masters
• Director - Centre for Support of Teaching

CATEGORY 2
Stipend: $4000
Minimum release: 1 full course

• Chairs - Departments, School, Divisions - Medium
• Directors - Graduate Programs (Large)
• Directors - Undergraduate Programs (Large)

CATEGORY 3
Stipend: $3500
Minimum release: 1 full course

• College Academic Advisors
• Coordinator - Sports Admin Certificate
• Director - French Program Glendon
• Director - Centre for Academic Writing
• Director - Computer-Assisted Writing Centre
• Chairs - Departments, School, Divisions - Small
• Directors - Graduate Programs (Small)
• Directors - Undergraduate Programs (Small)
• Co-ordinator Atkinson Writing Program

CATEGORY 4
Stipend: $2500
Minimum release: 0.5 course

• Coordinators - Interdisc Programs (Large)
• Coordinators - Language Programs Arts (Large)
• Directors/Coordinators, Glendon (w/ release)
• Academic Systems Admin, Computer Science, FPAS
• Area Coordinators - Atkinson

CATEGORY 5
Stipend: $1250
Minimum release: 0

• Coordinators - Interdisc Programs (Small)
• Coordinators - Language Programs Arts (Small)
• Directors/Coordinators, Glendon (w/ NO release)
• Coordinators - Diploma & Certificate Programs
• Head - Archives & Special Collections, Libraries
• Head - Map Library

CATEGORY 6
Stipend: $5000
Minimum release: 0

• Head - Reference, Libraries
• Head - Bibliographic Services, Libraries
• Head - Frost Library
• Head - Steacie Science Library
• Head - Business & Government Publications Library
• Head - Sound & Moving Images Library

CATEGORY 7
Stipend: $0
Minimum release: 0.5 course

• Coordinator, Health Studies, Atkinson Nursing
• Coordinator, Foundation Courses

Notes:

1. 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.

2. Academic administrative positions not listed above or new academic administrative positions will be brought to JCOAA for category placement.

3. 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.

4. All stipends, including the Schulich School of Business stipends, are subject to the reporting requirements of Article 8.01(b)(i).

Appendix Q
Letter of Intent
Regarding 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:

(a) Is based on facts which have occurred more than six months prior to the date of the lodging of the Complaint;

(b) Is one which might be resolved informally; or

(c) Is one which might be resolved by mediation; or

(d) Is one which might not be resolved informally or by mediation and requires a formal complaint and investigation;

(e) 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:

(a) 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.

(b) 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.

(c) Should informal resolution fail, either party may request mediation or a formal investigation.

9. Mediation

(a) 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.

(b) 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.

(c) 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

(a) 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.

(b) 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.

(c) The Respondent will submit a written response to the formal complaint to the appropriate Dean/Principal/University Librarian/ Vice-President.

(d) 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.

(e) 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.

(f) 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.

(g) 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

(a) 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;

(b) 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.