Article 18
Terms and Conditions
of Employment
Length of the Employment Year
18.01
The employment year shall normally be from 1 July to
the subsequent 30 June, and shall include eleven (11) months of
professional obligations and responsibilities to the University (as
defined in Article 11) and one (1) month's vacation, payment for which is
included in the annual salary. Employees with appointments of less than
twelve (12) months shall receive a portion of one (1) month's salary
pro-rated according to the fraction which their appointments are of twelve
(12) months.
Holidays
18.02
Employees are entitled to the following holidays:
Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; the day before
Christmas, Christmas Day, Boxing Day, New Year's Day; Good Friday,
Victoria Day; and any other day proclaimed as a holiday by the University
or as a statutory holiday by federal or provincial authorities, and:
27, 28, 31 December 2001
23, 27, 20, 31 December 2002
Payment of Salaries
18.03
Salaries and administrative stipends are paid to
employees in twelve (12) equal instalments, by payment to their bank,
credit union, or trust account on the 25th day of each month. When the
25th falls on a Sunday or a Monday holiday, payment is made on the
following day. When the 25th falls on a Saturday or a Friday holiday,
payment is made on the previous day.
Outside Professional Activities
18.04
The nature of the professional competence of many
employees affords opportunities for the exercise of that competence
outside the employee's University duties, on both remunerative and
non-remunerative bases. Recognizing that such outside professional
activities can bring benefits to and enhance the reputation of the
University and the capacities of employees, the Employer agrees that
employees have the right to engage in part-time outside activities paid or
unpaid, including participation in their Professional Associations and/or
Learned Societies or professionally-related community service, provided
that such activities do not interfere with their obligations, duties, and
responsibilities to the University, and subject to the following
conditions:
(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.
(b) When an employee's outside activities involve
the use of University facilities, supplies, or services, permission for
the use of such facilities, supplies, or services, and agreement on
appropriate reimbursement therefore shall be obtained in advance by the
employee from his/her Dean/Principal/University Librarian or designate.
Costs in excess of the agreed reimbursement shall be borne by the employee
on the request of the Employer.
Travel While on University
Business
18.05
The Employer will reimburse its employees the same
as administrative staff for actual out-of-pocket travel expenses which are
reasonable and appropriate to the type of University business to which
they are related. Expenses will be reimbursed for University business for
which specific prior authorization has been given.
Intra-University Transfers
18.06
The Employer agrees that any employee who desires to
transfer to a vacancy for which he/she is qualified in another
Department/Division, or Faculty, or the Library, shall be given first
consideration for such a vacancy.
18.07
Any employee who transfers or is transferred to a
position within the bargaining unit in another Department/Division, or
Faculty, or the Library, of the University shall retain, as a minimum,
salary, tenure/continuing appointment, rank, seniority, years of service
toward sabbatical leave and pension, and all similar entitlement.
Workload of Faculty Members
18.08.1
The workload of faculty members shall, consistent
with the stream concerned, include teaching, research / scholarly /
creative
activities, and service to the University. The Employer shall attempt to
achieve an equitable distribution of workload among faculty members. The
"normal workload" of a Faculty shall be defined by current
practices, or as may hereafter be agreed to by the parties.
The "normal teaching load" component of
work load or "normal work load" is recognized to constitute a
complex of course direction (including duties attendant on mode of
delivery), tutorial direction or advising or their equivalents,
supervision of dissertations, theses, senior essays or their equivalents
and directed reading courses. The number of full courses or full course
equivalents constituting a "normal teaching load" shall be
defined by current practices. In calculating full course equivalents, the
factors named below shall be considered, in particular class size and
student load.
Determination of the full course equivalents taught
by a faculty member in any given year in satisfaction of the "normal
teaching load" shall include consideration of:
(a) Course direction and co-ordination;
(b) Class sizes and total student load, with
particular consideration given to large lecture courses;
(c) Course levels;
(d) The nature of the course (e.g. writing intensive
or critical skills components, Foundations);
(e) Mode of delivery;
(f) Advising or equivalents;
(g) Graduate supervision, including but not limited
to supervision of dissertations, theses or equivalents;
and course related responsibilities such as:
(h) Tutorial, lab, or studio direction or
equivalents;
(i) Supervision of tutors, markers/graders or
equivalents;
(j) Marking/grading responsibilities or their
equivalents;
(k) Course preparation, including extraordinary
course preparation such as new courses, "short notice",
preparation of courses delivered by alternate modes, and for courses which
are cancelled;
(l) Supervision of seniors essays or their
equivalents;
(m) Directed reading courses.
In the context of the teaching load of the unit as a
whole, units shall, using normal collegial and consultative processes,
specify which of the factors listed above are used to calculate full
course or full course equivalents, and "normal teaching load",
and how the factors are applied. This may include a unit committee
established specifically for this purpose.
The specifications shall be submitted to JCOAA for
information no later than 30 April 2000.
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 15
January of each year.
Alterations of these specifications shall follow the
procedure outlined above.
It is understood by the parties that any alteration
of normal workload, including "normal teaching load" (including
class size), shall be subject to any relevant Articles, including Articles
18.09, 18.13, and/or 17 of this Agreement, where one or more of those
Articles is relevant.
18.08.2
Normally, the structure, format and mode of delivery
of courses shall be determined by the relevant unit(s) in conformity with
the requirements of the curriculum as approved by Senate and with
established practices.
For the purposes of Article 18, modes of delivery of
instruction include correspondence courses, and courses delivered all or
in part by technologically enhanced instruction, including, but not
limited to, computer-mediated conferencing, teleconferencing and the
Internet. Assignment of courses using alternate modes of delivery shall be
consistent with the pedagogic and academic judgements and principles of
the faculty member employee as to the appropriateness of the use of
technology in the circumstances. Furthermore, it is recognized that not
all courses are appropriate for alternate delivery. Normally, a faculty
member will not be required to convert a course without his/her agreement.
Disputes respecting these matters shall be submitted to JSIT or DRC for
resolution.
The parties agree to refer issues respecting courses
employing alternate modes of delivery, including appropriate class size,
to JSIT, which may make recommendations to the parties and, where
relevant, to the appropriate Senate committees.
In the case of Atkinson correspondence courses:
(a) the parties agree to invite CUPE
3903 to participate in the deliberations of JSIT when it is
considering issues respecting Atkinson correspondence courses;
(b) the administration will also request that CUPE
3903 agree to invite YUFA to participate in the joint (Employer/CUPE)
review of Atkinson correspondence courses including such issues as course
credit, preparation time, class size and workload;
(c) in addition, the administration will request
that CUPE 3903
agree that YUFA will have intervenor status in the arbitration, if any,
which may be filed by CUPE 3903 should the parties (Employer and CUPE) be
unable to agree during the course of their review.
In keeping with the responsibilities for maintaining
an environment for work, as outlined in Article 18.37, the administration
shall use all available means to provide an infrastructure, both human and
material, to support technologies to enhance teaching and research
activities. In fulfilling this responsibility, the administration will
give serious consideration to all reasonable recommendations from the JSIT
respecting such matters.
Employees assigned to teach courses delivered by
alternate modes, as defined above, shall be provided with all reasonable
technological and human resources required to develop and to conduct the
course. Employees shall be provided with necessary training in the use of
required technology. Employees shall be notified before such a course is
assigned, of the resources available to them, and any travel requirements
associated with the course.
For clarity, Articles 21 and 23 and other relevant
provisions of this agreement apply to courses delivered by alternate
modes.
18.09
An alteration by the Employer of the normal workload
of a unit, or Faculty, including normal teaching load component of the
workload shall not be unreasonable, and shall only be made with the
agreement of the Joint Committee, after consultation with the unit or
Faculty concerned. The agreement of the Joint Committee to such an
alteration shall require agreement of a majority of the Association
representatives. The reasons for the alteration shall be presented to the
academic unit so affected, in writing, with a copy to the Association.
The parties recognize that class sizes are a
pedagogical concern, and are normally determined by collegial decisions in
conformity with established practices.
18.10
Within an academic unit, the Dean of the Faculty, or
his/her designate, shall, with due notice, assign teaching duties to
individual faculty members in the light of the individual's discipline and
specialities, and consistent with the normal teaching load of the stream
and the Faculty or Department in question, and its equitable (i.e. fair)
distribution among members of the unit. Teaching duties shall include, but
not be limited to, advising students and prospective students, and
conducting scheduled classes. Adherence to the normal teaching load shall
encompass necessary minor year-to-year fluctuations in an individual's
teaching load, these fluctuations balancing out over time. An individual
may, also, with the agreement of the Dean or designate, undertake more
than a normal teaching load. The parties agree that the Dean will exercise
his/her powers under this clause consistent with current practices.
18.11
In exceptional cases, the Dean or designate may
increase or reduce the teaching load or service commitments of an
individual faculty member in the light of the individual's
research/scholarly/creative and service contributions. Any increase in the
teaching load or service commitments of an individual shall be based on
the individual's research/scholarly/creative and service contributions as
assessed by the academic unit in question, or by procedures agreed to by
the academic unit in question.
The reasons for any variations in the normal
teaching or service load, and the exceptional circumstances therefore,
shall be communicated in writing to the faculty member so affected, with a
copy to the Association, and the decision shall be subject to the grievance
and arbitration procedures established by this Agreement, for the
purpose of determining whether such a variation was justified.
18.12
In the case of an increase in the normal teaching or
service load without the consent of the individual, the individual shall
be given reasonable notice in writing of the increase. In no such case may
an exceptional increase in teaching or service load be made two (2) years
in succession, and the same individual may not receive an exceptional
increase in teaching load two (2) times in succession, nor may he/she
receive an increase of more than one course above the normal load.
Exceptional increases shall not be assigned in the sabbatical year or the
year following sabbatical leave.
18.13
There shall be no increase to normal workload and
teaching workload (including class size) unless the Committee named in
18.14 is activated and makes its report, which shall be due no later that
30 April 1994. Further, the Parties agree that alterations in workload
(including class size) in response to changing circumstances shall not be
considered as establishing new workload norms.
18.14
The parties agree to establish a Joint Committee on
Teaching Load and Class Size, composed of an equal number of
representatives appointed by each party.
(a) The Committee will study the issue of teaching
loads, including class size.
(b) The administration agrees to provide the
Committee with any information required to conduct its work in this
regard.
(c) The Committee will receive from academic units
reports respecting teaching load, taking into consideration factors such
as, but not limited to: availability of space, facilities, and resources;
programmatic/curricular requirements; overall workload and teaching load
of each faculty member; workload and teaching load of untenured faculty;
complement; comparable data at other universities; such other concerns as
it may wish to bring to the attention of the parties.
(d) The Committee shall meet a minimum of four times
per year.
(e) The administration agrees to inform the
Committee of any relevant plans or intentions that might have an impact on
teaching load, including class size.
(f) The Committee will study and make
recommendations in light of the Collective Agreement concerning (i) the
appropriateness in particular instances of teaching load, including class
size; (ii) notice, when within a month of the commencement of classes,
enrolments exceed those planned; and (iii) credit for course
cancellations, exceptional course preparation, and alternate forms of
delivery. The Committee will include student load in its study of (i)
18.15
The Employer agrees to continue reductions in the
normal teaching loads of employees holding academic administrative
positions within the bargaining unit on the same basis as in 1976-77,
unless otherwise agreed to by an employee and his/her
Dean/Principal/University Librarian or unless agreed to by the parties in
the Joint Committee on Administration of the Agreement. Changes agreed to
in the JCOAA shall not take effect until the employee currently holding
the academic administrative position completes the appointment.
The Employer further agrees to inform the
Association annually of all academic administrative functions or tasks for
which release-time is granted.
The parties agree to a review by JCOAA of
release-time for academic administrative positions within the bargaining
unit.
Workload of Professional
Librarians
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 shall, consistent with their specialities and
qualifications, include public service, collections development, and
bibliographic control. The workload of librarians shall, also consistent
with a librarian's specialities and qualifications, include professional
development, research and scholarship, and service to the University.
(b) The University Librarian / Dean, Faculty of Law or his/her designate
shall be responsible for assigning in writing the general responsibilities
of librarians in the light of the individual's specialities and
qualifications, and in the light of the Libraries' and the University's
needs and priorities and consistent with the normal work week of
thirty-five (35) hours.
The University Librarian / Dean, Faculty of Law or his/her designate shall ensure that the
assignment of duties and responsibilities is fair, equitable and
reasonable. Within the components of public service, collections
development and bibliographic control, responsibilities shall include
working with colleagues, supervising non-professional staff, and providing
services to Library users. The University Librarian / Dean, Faculty of Law or his/her designate
shall meet with each librarian once each year to review the assignment of
responsibilities. If the responsibilities of a librarian on sabbatical or
leave of more than one (1) month are assigned to another librarian, the
written assignment of responsibilities shall be modified for the period of
the assignment. An increase in librarian workload which is in response to
changing circumstances shall not be unreasonable and shall not be
considered as establishing new norms.
(c) The workload for librarians shall be established
with due regard for their research and scholarly responsibilities. Release
time shall be made available, within the scheduling of the normal work
week, so that librarians may pursue research and scholarly work. The
librarian desiring release time shall make application through his/her
departmental chairperson to the University Librarian / Dean, Faculty of
Law. Such requests shall
not be unduly denied.
(d) In the assignment of workload the University
Librarian / Dean, Faculty of Law or his/her designate may reduce assigned responsibilities of a
librarian in candidacy to enable the librarian to engage in professional
development, research and scholarship.
(e) A librarian shall be entitled to twenty (20)
days during the eleven (11) months of professional obligations and
responsibilities to the University to pursue professional development,
research and scholarship. This entitlement shall be made available within
the scheduling of the normal work week. In order to ensure the orderly
carrying out of a Librarians' responsibilities and the Libraries'
responsibilities, a librarian shall inform his/her department head at
least one (1) week in advance of when these days will be taken. Entitled
days for professional development, research and scholarship may be
accrued. Normally, no more than two (2) weeks of accrued entitlement may
be taken in any four (4) week period.
18.17
The parties recognize the need for the Libraries and
the professional librarians to maintain effective public services,
collections development, bibliographic control in support of academic
program, research and scholarly pursuits, and therefore, the need to halt
the erosion of the librarian complement. In pursuit of this objective, the
parties have agreed to the Letter of Intent as per Appendix
I.
Reassignment/Transfer
18.18
The assignment of responsibilities may require the
permanent reassignment of a librarian from one department or branch of the
Libraries to another. Normally such reassignment shall be effected by the
University Librarian / Dean, Faculty of Law with the consent of the individual librarian and the
chairpersons of the departments or branches involved. The parties
recognize, however, that in exceptional circumstances, the effective
management of the Libraries may require that librarians be reassigned
without their consent.
In such cases, the University Librarian / Dean,
Faculty of Law shall
continue to take into account the specialities and qualifications of the
librarian involved, shall effect such reassignment only after consultation
with the individual librarian and chairpersons of the departments or
branches involved, and shall give reasonable notice in writing to the
persons concerned and the Association of the decision to reassign. The
written notice shall state the reasons for the decision to reassign, and
the exceptional circumstances that render it necessary. The University
Librarian / Dean, Faculty of Law shall inform all librarians of the reassignment. Professional
librarians who are permanently reassigned will retain continuing
appointment, rank, seniority, salary, and the years of service toward
sabbatical leave application, pension, and all similar entitlement.
Length of the Academic Year
18.19
Faculty shall be available for on-campus
responsibilities from one (1) full week before classes commence in the
session in which they are teaching until the consideration of grades by
their Department or Faculty at the end of the appropriate session, and
shall make themselves available, on reasonable notice, to address grade
information requests after such Departmental/Faculty considerations,
subject to clauses 18.20, 18.23, and 18.24, below.
18.20
The nature of the University's work is such that all
faculty members share responsibility for the administration of the affairs
of their respective Faculty and/or Departments, and for the year-round
supervision of students. Thus all faculty members not formally granted
leave may be required to assist in the carrying out of the affairs,
responsibilities, and academic obligations of their Faculties and/or
Departments throughout the calendar year.
(a) In order to ensure the orderly carrying-out of a
faculty member's duties and Faculty and/or Department responsibilities,
faculty members shall inform their Dean or designate of their planned
summer schedule, indicating the anticipated vacation period. Assignment of
summer duties shall be equitably shared among members of the Faculty or
Department.
(b) Faculty members appointed to administrative
duties shall inform their Dean or designate, or the Vice-President
designated by the President, in advance of their one-month vacation period
and any other planned absences from campus, and shall schedule such
absences so as to ensure that their administrative responsibilities are
performed in a manner satisfactory to the Dean or designate or
Vice-President.
18.21
In order to ensure the orderly carrying out of a
librarian's responsibilities and the Libraries' responsibilities,
librarians shall inform the University Librarian / Dean, Faculty of Law or his/her designate of
their planned vacation periods.
Summer Teaching
18.22
A faculty member in the bargaining unit applying to
teach in the Summer Session shall be given first consideration for
appointment to one (1) full course, or the equivalent, within his/her area
of expertise.
18.23
The Employer may, upon the giving of reasonable
notice, assign teaching in the Summer Session to a faculty member without
his/her consent, but the Employer shall normally exhaust the possibilities
for staffing of summer courses through part-time appointments, overload
appointments, or voluntary assignments, prior to the exercise of such
right. The reasons for a compulsory summer teaching assignment shall be in
terms of the needs of the University for effective scheduling of its
curricular offerings, and shall be conveyed in writing to the faculty
member by his/her Dean. For the purposes of this Agreement the Summer
Session shall be construed as a term.
18.24
Compulsory summer teaching assignments shall be
distributed among faculty members of the bargaining unit as equitably as
possible, but, in any event, a faculty member may not be assigned summer
teaching duties in more than one (1) full course or in two (2) consecutive
summers. Summer teaching duties assigned compulsorily shall be balanced by
a corresponding reduction in teaching load in the subsequent term or at a
time to be agreed upon between the Dean/Principal/ University Librarian
and the individual. Normally, a faculty member will not be required to
teach in three (3) consecutive terms as the consequence of a compulsory
summer teaching assignment.
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.
Reduced Load
18.25
Employees may apply to their Dean/University
Librarian or designate for a reduced load for a specified period of time.
If such a reduction is granted, such employees shall be designated as
"full-time; reduced load" and shall remain members of the
bargaining unit. Salary and the Employer's contribution to salary-based
fringe benefits will normally be reduced in proportion to the workload
reduction, as will the credited years of service toward sabbatical leave
and consideration for tenure.
Where an application for reduced load status of up
to and including one-third of normal load is denied, the Dean/University
Librarian shall set out in a written reply to the employee the reasons for
the denial, which shall normally be in terms of the effective scheduling
of a unit's teaching/library programme or administrative duties (in the
case of those employees listed in Appendix A, Section
C).
18.26
An employee granted "full-time;
reduced-load" status may, at his/her own expense, maintain his/her
salary-based fringe benefits on a full-rate basis. Employees applying for
such status may also apply for a continuation of the Employer's
contribution to salary-based fringe benefits on a full-rate basis, and the
Employer may approve same, depending upon the nature of the reduction in
load and the Employer's judgement as to the degree to which it is in the
interests of the University as well as the employee.
Note: Employees eligible for Reduced Load under
clause 14.02 (a) or (b) shall
be treated according to the terms of that clause.
Restructuring and Redeployment
18.27
The parties recognize the importance of effective
academic planning in maintaining the well-being of the University. In
exercising its role in the academic planning process, in particular
through its decisions concerning the disposition of the University's
resources, the Employer shall respect the role of Senate in academic
matters and shall also make reasonable efforts to ensure that all planning
proposals are in conformity with the provisions of this agreement.
Further, in conformity with the collegial role in academic planning, the
Employer shall inform academic units as early as possible of any proposal
that would affect them, and shall provide academic units with reasonable
opportunity to participate in the planning process.
Restructuring
18.28
Before implementation, proposals for significant
academic restructuring of Faculties, units, programs, and the use of
redeployments shall be referred to the Joint Subcommittee on Long Range
Planning.
Redeployment of Faculty Members
18.29
The parties agree that effective use of the
University's resources, and the prevention of lay-offs for reason of
financial necessity, require, inter alia, mechanisms for the redeployment
of employees from one Faculty to another and/or one Department to another
within a Faculty. Normally, such redeployment is effected with the consent
of the individual employee and the Deans and Chairpersons of the Faculties
and Departments involved. The parties recognize, however, that in
exceptional circumstances the effective management of the University's
academic work may require that employees be transferred from their
Faculty/Department of original appointment on either a short-term or a
permanent basis without their consent. Such compulsory transfers shall be
of two (2) kinds.
Short-Term Transfer
18.30
Compulsory secondment of an employee to a unit other
than the unit of his/her appointment, for a portion of his/her teaching
duties, would normally be occasioned by:
(a) efforts to implement a Senate approved decision
establishing particular academic priorities or emphases among
programmes/units or within programmes/units;
(b) enrolment patterns which create serious
imbalances in teaching loads of a kind which could be alleviated by
transfers.
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, 1 March for secondments beginning 1 July.
(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 coordinating 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, 1 March for secondments
beginning 1 July.
(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:
(i) the programmatic needs of both units;
(ii) minimizing the impact on the academic life and
processes of each unit; and
(iii) minimizing of the disruption to the scholarly
pursuits of the seconded employee.
(d) The written notice of the decision shall indicate:
(i) the reasons requiring the secondment from the one unit
to the other;
(ii) the reasons for the selection of the particular
individual for secondment;
(iii) 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.
(e) The selection of a particular employee shall
not be in an unreasonable manner.
Permanent Transfer
18.32
Compulsory permanent transfer, in which case the
employee's unit of appointment is changed, would normally be occasioned
by:
(a) efforts to implement a Senate-approved decision
establishing particular academic priorities or emphases among
programmes/units or within programmes/units;
(b) significant and long-term changes in enrolment
patterns which create serious imbalances in teaching loads of a kind which
could be alleviated by transfers.
Compulsory permanent redeployment will only occur
after the Employer has considered other alternatives, including temporary
transfer, and determined that they were not appropriate.
18.33
Permanent transfers shall be effected by the
President or designate, only after consultation among the Dean(s)
concerned, the Chairperson(s) concerned, and the employee. The President
or designate shall confirm a decision to transfer to the employee in
writing at least seven (7) months prior to the date on which the transfer
is to become effective.
The written notice of the decision shall indicate:
(a) the reasons requiring the permanent transfer
from the one unit to the other;
(b) the reasons for the selection of the particular
employee for permanent transfer.
(c) the reasons that other solutions, including
short term transfer, were not considered appropriate.
The selection of a particular employee shall not be
done in an unreasonable manner.
18.34
Sixty (60) days prior to the conveying of notice of
permanent transfer to the employee, the President or designate shall
inform the Joint Committee on the Administration of the Agreement of
his/her intention to make a permanent transfer between the units in
question, and shall provide documentation setting forth the need for or
advisability of the transfer. A copy of this letter shall be sent to the
Departments/Faculties involved.
18.35
Employees who are transferred will retain tenure,
rank, seniority, salary, and years of service toward sabbatical leave and
pension, and all similar entitlement.
18.36
No employee shall be compulsorily transferred during
his/her period of candidacy.
Working Environment
18.37
The Employer recognizes its responsibility to
provide an adequate level of facilities and services in support of the
work of employees, including provision of reasonable office, studio, and
laboratory space, telephone, secretarial, library, computing, duplicating,
technical, and other support services.
The Employer recognizes a responsibility to provide
sufficient facilities, supplies, and services to protect the health and
safety of employees as they carry out their duties on University premises.
The Employer agrees to adhere to health and safety
standards as embodied in current government legislation.
Employees who have reason to believe that a work
situation is likely to endanger them have the right to refuse unsafe work
pursuant to and in accordance with the provisions of the Occupational
Health and Safety Act.
The parties agree that the Employer shall provide,
and employees shall make use of, protective equipment wherever the same is
required for the safe and efficient performance of employees duties. The
parties agree to carry on continuing educational programmes on safety and
security procedures for employees. The Employer agrees that YUFA shall be
represented on any University-wide safety committee involving bargaining
unit representatives.
The Association shall be entitled to name one member
to the University's Computer Services Committee (Advisory to the
Vice-President (Academic Affairs)).
Office Space for Sabbaticants
18.38
All reasonable efforts will be made to accommodate
employees proceeding on sabbatical leave, who have given advance notice of
this need, for office space on-site during that sabbatical. Should the
employees' normal on-site office not be available, replacement office
shall be provided but may be on a shared basis.
Fines and Charges
18.39
The Employer agrees to impose no fines other than
for the violation of library
borrowing regulations and parking
regulations. The Employer agrees that the Association shall be
represented on the Presidential Advisory Committee which recommends the
level of fines for violation of parking regulations. The Employer agrees
that no levies shall be made against the salaries of employees during the
life of this Agreement without the consent of the Association.
Parking for Physically Challenged
18.40
The Employer shall provide parking locations which
are satisfactorily proximate to the offices of faculty/librarians who are
physically challenged.
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.
Teaching Assistance
18.42
A Course Directorship shall at a minimum be assigned assistance to
reflect course enrolments above 50 as follows:
(a) The assistance assigned shall be at least in the
form of marker/grader assistance;
(b) The assistance shall be at least at the rate of
15 hours for each block of 5 students, or portion thereof, exceeding 50;
(c) Assistance shall be provided from the
commencement of the course where the projected enrolment exceeds 50, but
the assistance may be modified so as to reflect the actual enrolment as of
the first official enrolment reporting date in each session;
(d) Where the projected enrolment is 50 or less but
actual enrolments as of the first official enrolment reporting date in
each session exceeds 50, assistance shall be provided as per (a) and (b).
(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.
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