Appendix A
Bargaining Unit Inclusions/Exclusions

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. The number of Associate Deans excluded from the unit shall not exceed two (2) per Faculty, (except in the Faculty of Arts, 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 Research Centres and Institutes referred to in (4), above, are, as at 1 May 1997:

(a) Institute for Social Research,
(b) Centre for Feminist Research
(c) Centre for Atmospheric Chemistry (CAC)
(d) Centre for International and Strategic Studies (CISS)
(e) Centre for Refugee Studies
(f) Centre for Research on Earth and Space Science (CRESS)
(g) Centre for Research on Latin America and the Caribbean (CERLAC)
(h) Centre for Research on Public Law and Public Policy
(i) Centre for the Study of Computers in Education
(j) Centre for Jewish Studies
(k) Centre for Vision Research
(l) LaMarsh Research Program on Violence and Conflict Resolution
(m) Joint Centre for Asia Pacific Studies
(n) Centre for Research on Work and Society
(o) Robarts Centre for Canadian Studies
(p) York Centre for Health Studies
(q) Centre for Practical Ethics
(r) Centre for Applied Sustainability
(s) Nathenson Centre for the Study of Organized Crime and Corruption
(t) Office of the Associate Vice-President (Research)
(u) Office of Research Administration
(v) Canadian Centre for German and European Studies

4. 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.

5. 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.

6. (a) The number of faculty members in A (9), excepting Secondees in the Faculty of Education, shall not exceed twelve (12) without agreement between the parties.

(b) The number of Secondees in A (14) in the Faculty of Education shall not exceed 30.

7. 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 of 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

(Article 24)

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

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:

1999-2000: $157 898, plus fringe benefits (plus an additional $210 000, plus fringe benefits)

2000-2001: $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

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

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

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

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

In pursuit of the objective outlined in 18.17, the Employer will approve two (2) additional continuing stream librarian positions to be recruited during the term of the collective agreement. 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
Letter of Understanding
Regarding Shadow Salaries For Individuals Retiring During the Social Contract Period

For the purpose of

(i) calculating the Employer's and Employee's required pension contributions; and

(ii) calculating the final average salary on which the supplementary pension required by the minimum guarantee is based;

a 'shadow' salary will be calculated for any YUFA member who retires and for whom the last five years of service overlaps with any part of the social contract period. The 'shadow' salary will be the 1992-93 Academic Base Salary incremented in each year of the social contract period by an amount equal to PTR as it is computed in the 1992-93 YUFA Collective Agreement. It is understood that such increments will not be added to the salary of an individual who has attained normal pensionable age (i.e., 65 years).

The Employer agrees to pay any additional Employer's and Employee's contributions required as a result of this provision, up to a maximum of $100 000 from the actuarial surplus in the Minimum Guarantee Fund, provided that the Board of Governors agrees to amend the York Pension Plan as necessary to permit that arrangement.

YUFA and the Administration agree to reactivate the Pay Equity Committee and agree that its recommendations will by submitted to JCOAA by 15 January 1994.

Appendix M
Research Development 
Fellowship Programme

The current terms and conditions respecting the Research Development Fellowship 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 four (4) Research Development Fellowships from a fund consisting of the equivalent of twelve (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 who are interested in applying should do so in writing to their Dean/Principal/University Librarian. The Dean/Principal/University Librarian shall be required to forward all applications to the Research Development Fellowship Joint Committee. 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) a copy of draft manuscript(s), notes or other proof of the present state of the project (which items will be returned when no longer needed);

(g) an up-dated curriculum vitae;

(h) a letter of support from his/her Chair/Area Co-ordinator which letter should contain an assessment of the current state of the project, the likelihood of its completion as a result of receiving the fellowship and a candid explanation as to why the project has been delayed;

(i) the names of three (3) referees chosen by the applicant ¾ (at least one such individual to be external to York).

The candidate should endeavour to obtain from each of the three named, prior agreement to serve as a referee. Candidates whose projects involve work or documentation which is difficult and/or expensive to duplicate are encouraged to select as external referees individuals who can readily access the candidates' complete files which will be held in the Office of Research Administration.

3. The Dean/Principal/University Librarian shall consider all the applications received and taking into consideration all pertinent information, including the needs of the Faculty/College/Library, nominate those applicants which he/she considers most likely to benefit from this opportunity. In his/her letter of nomination to the Associate Vice-President (Research) the Dean/Principal/ University Librarian shall discuss the relevant information from the applicant's background, particularly with respect to impediments to research/scholarly/ creative/professional productivity both as they related to the discipline involved and to the applicant in particular.

4. The Dean/Principal/University Librarian shall create a "file" for each nominated candidate which shall include the application and all supporting documentation as well as the letter of nomination. The Dean/Principal/University Librarian shall forward these files, along with a confidential letter ranking all nominated candidates from his/her Faculty/College/Library to the Associate Vice-President (Research). This letter shall include an explanation as to how the relevant applications were ranked. The Dean/Principal/University Librarian shall send to each applicant whose proposal is not being nominated a brief statement of the reasons for such decision. A copy of this letter shall be forwarded to the Associate Vice-President (Research) and to the appropriate Chair/Area Co-ordinator.

5. Both the letter from the Chair described in paragraph 2(h) and the letter from the Dean/Principal/University Librarian to the unsuccessful applicant described in paragraph 4, shall be kept confidential except as is otherwise specified.

6. The letter from the Chair/Area Co-ordinator described in paragraph 2(h) must include an explanation as to how he/she intends to cover or replace by part-time faculty the applicant's teaching assignments or professional responsibilities.

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

7. Selection Process

(a) The Associate Vice-President (Research), upon receipt of the files of the candidates nominated by the Deans/ Principal/University Librarian shall write to the three (3) referees chosen by each candidate enclosing a copy of these guidelines and the application. Referees shall be informed that the candidate's complete file, including all supporting documentation, will be available in the Office of Research Administration. In the cases of external referees who do not have ready access to York, copies of all supporting documentation will, where practicable, be included in the letter from the Associate Vice-President. (The confidential letter from the Dean/Principal/ University Librarian ranking the nominated candidates will not be included in the file). Each referee will be asked to respond within a specified period of time providing a written rationale for his/her assessment of the value of the project and the likelihood of its completion were the applicant to be selected to participate in the Programme.

(b) The Associate Vice-President (Research) shall present the complete file of each recommended applicant, including the referees' written assessments to the Research Development Fellowship Joint Committee comprised of YUFA and Administrative representatives--membership to be determined. The Research Development Fellowship Joint Committee shall review each file and, where necessary, consult the Chair/Area Co-ordinator and/or any other colleague who he/she suggests has expertise in the particular area of the discipline of the applicant's project.

(c) 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.

8. 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% of their regular base salary during the "fellowship year". The "fellowship year" will count as a year of service.

9. 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.

10. 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% 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.

11. 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.

12. 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 fourteen (14) days of receipt of a registered letter sent to unsuccessful candidates. 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 Office of Research Administration (ORA). Appellants shall have the right to appear before the Appeals Committee but may choose not to exercise this right.

(c) Upon receiving an appeal ORA shall inform YUFA, in writing. The parties to the Agreement shall then proceed to select from a previously agreed upon pool of ten a panel of five (5) Appeal Committee members. In the event that the Parties are unable or fail to select the five members of the Appeal Committee within seven (7) days of YUFA's receipt of the notice of Appeal, the ORA shall inform the co-Chairs of the Joint Grievance Committee, one of whom shall select the members.

(d) Appeals Committee once selected and to 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 twenty-one (21) days of the date of the closing of appeals to hear those appeals submitted to it. The Committee shall complete its work within fourteen (14) days of its first meeting to hear appeals and shall communicate its decision within forty-eight (48) hours of its final meeting to the Associate Vice-President, Research, who shall inform appellants via registered mail.

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

(h) All material from the Appeals committee shall be deposited with the ORA after the appeals process has been completed.

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

With the exception of the amendments made to the Selection Process, all other changes will be applicable to those individuals selected to participate in the Programme this year. Participants will be advised of the changes to the terms and conditions of their fellowships in writing as soon as is practicable.

In consideration for these amendments, YUFA agrees to withdraw the dispute from Arbitration.

The Parties agree that the details set forth in this Memorandum of Settlement represent full and final settlement of the dispute between them.

This settlement is without prejudice to the parties' position as to the interpretation of the Collective Agreement prior to the signing of this Agreement.

Appendix N
Merit Procedures

1. The Employer shall establish a merit pool consisting of a total of 180 merit awards of $2500 each for the period 1 May 2000 to 30 April 2001. The 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 2000. Eligible employees shall be those who are members of the bargaining unit on 1 September 1999 and expected to continue to be members on 1 July 2000. 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 2000 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. An employee who fails to provide such information and c.v. shall not be evaluated for merit.

4. (a) By 1 October 2000 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 2000.

(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 O
Benefits Booklet

The parties agree that the Employer will produce a Benefits Booklet to be reviewed by YUFA and distributed to employees as expeditiously as practicable after the ratification of the renewal collective agreement. The Employer will provide a copy of this Benefits Booklet to all new employees at the time of appointment. The parties will also 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

The parties agree to recommend the following to the All-University Committee on Pensions (AUCP):

1. The Plan will be modified with effect as of 23 April 1998 to incorporate the provision of the same survivor benefits available for opposite sex spouses of Plan members to the same sex spouse of a member who retires or dies on or after 23 April 1998.

2. For greater clarity, an eligible same sex spouse will be permitted the same options available to an opposite sex spouse to elect to take the survivor benefits either in the form of a pension or as a lump sum payment. For purposes of assessing eligibility for such benefits, the same criteria will be applied to assess whether an individual qualifies as the same sex common law spouse of a Plan member. The survivor benefits provided pursuant to this section will be based on all years of pensionable service of the applicable plan member.

3. That if or when transfers of lump sum payments in respect of survivor benefits to same sex spouses, or the purchase of an annuity with the value of such benefits is permitted under the Income Tax Act they will recommend to the All-University Committee on Pensions (AUCP) that the York Pension Plan be amended to permit such transfers or purchases, retroactive to the effective date of the legislation.

Appendix Q
Letter of Understanding
Regarding Reciprocal Transfer Agreements and Mortality Issues

The parties agree to recommend the following to the All University Committee on Pensions:

Reciprocal Transfer Agreements

1. That the first sentence of clause 5.01 Reciprocal Transfer Agreements be amended to read: "The University shall make its best efforts to facilitate reciprocal transfer agreements with other employers with respect to superannuation benefits and plans when such agreements are deemed appropriate by the Board of Governors."

Mortality Issues

2. The parties agree to recommend that the All University Committee on Pensions promptly address and resolve mortality issues concerning conversion factors and future mortality experience adjustments.

Appendix R
Candidate Self-identification Form

(Article 12.21(c))

The form and procedures shall be regularly reviewed for usefulness and appropriateness by the Joint Subcommittee on Employment Equity, which will report to JCOAA in this regard.

INVITATION TO ALL CANDIDATES FOR FULL-TIME FACULTY AND PROFESSIONAL LIBRARIAN POSITIONS AT YORK UNIVERSITY

The collective agreement between York University's Board of Governors, and the York University Faculty Association provides for an Affirmative Action programme. A copy of the Affirmative Action article from the collective agreement is on the reverse. To assist the Joint Association/University Affirmative Action Committee in administering the programme, candidates are invited to complete the Candidate Self-Identification Form below and return it in the enclosed postage paid envelope. Candidates may answer more than one question if applicable.

The release by you of this information is strictly voluntary. Please be advised, however, that the Affirmative Action provisions for members of visible/racial minorities, aboriginal people, and persons with a disability will not be applied to the application files of candidates who do not complete and return this self-identification form. If you choose not to provide this information, your application will be considered but these Affirmative Action provisions will not be applied.

If you would like to receive the information in this form and/or communicate a response in an alternate format please contact the office of the Special Assistant to the President (Equity) at [phone number, fax number and email address].

THE INFORMATION SUPPLIED WILL BE USED SOLELY FOR THE PURPOSE OF AFFIRMATIVE ACTION IN HIRING.

Candidate Self-Identification Form

Please return by: ______________________________

Candidate's Full Name: ______________________________

Position(s) Applied For: ______________________________

______________________________

Department/Academic Unit: ______________________________

1. Do you consider yourself to be a member of a visible/racial minority group1?

Yes_____ No_____ Choose Not to Answer_____

2. Do you consider yourself to be an aboriginal person?

Yes_____ No_____ Choose Not to Answer_____

3. Do you consider yourself to be a person with a disability2?

Yes_____ No_____ Choose Not to Answer_____

Notes: The federal Employment Equity Act contains the following definitions:

1. "Members of Visible Minorities" means persons, other than aboriginal peoples, who are non-Caucasian in race or non-white in colour.

2. "Persons with Disabilities" means persons who have a long-term or recurring physical, mental, sensory, psychiatric or learning impairment and who (a) consider themselves to be disadvantaged in employment by reason of that impairment, or (b) believe that an employer or potential employer is likely to consider them to be disadvantaged in employment by reason of that impairment, and includes persons who functional limitations owing to their impairment have been accommodated in their current job or workplace.

Signature _______________________________
Date __________________

Appendix S
Memorandum of Understanding
Regarding Tenure and Promotion

Over the past few months we have had several exchanges on the matter of reforming the rules governing tenure and promotions. We have, however, stopped short of bringing these exchanges to the point where we, along with the Chair of Senate, have met together in our official capacities to consider amending the criteria and procedures for tenure and promotion. We would like to take this next step.

It is apparent to us that we share an interest in a more transparent tenure and promotion process, and in a process that is less complex, less daunting to individual candidates, and less time consuming to both candidates and adjudicators. There may well be other issues relevant to tenure and promotion reform that have to be addressed.

We propose that we and the Chair of Senate meet within the next 30 days, to form a working group, to agree on its agenda, and to propose a schedule for meetings beginning this summer. For our parts, we are committed to a timely, reasoned, and reasonable resolution to the reform of tenure and promotion processes.

Lorna R. Marsden
President and Vice-Chancellor

Penni Stewart
Chairperson, YUFA

[Note: The above Memorandum of Understanding is without prejudice to either party with respect to the provisions of Article 13 of the Collective Agreement.]