To elect a retirement pension benefit from the York University Pension Plan, please return a signed copy of the enclosed OPTION SELECTION FORM with your selection indicated. We have also enclosed the PERSONAL TAX RETURN CREDIT FORMS to be completed and returned to our office so that your tax exemption may be recorded.

If you decide to receive a pension from York University, we can advise CIBC Mellon 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. CIBC Mellon will confirm the deposit date of your first payment.

Before any pension benefits can be released, proof of age for you and your spouse (if applicable) and their Social Insurance Number is required. Please forward copies of birth certificates or, if these are not readily available, a Certificate of Baptism or Citizenship papers.

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.

To elect a transfer of your funds out of the York University Pension Plan, please contact us for a TERMINATION OPTION FORM. Please note that the figures will be based upon a Fund rate of return of 0% for 2003. At the time of transfer, the total value of your entitlement will be re-calculated based upon the most current quarterly fund rate of return. The annualized rate of return as of <current date> is xx%.

The University has established a post-retirement benefits program for retired employees who were members of the York University Faculty Association. This program 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 program is $18 for single coverage and $34 for family coverage. Please note dependants cannot be added/changed after retirement.

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.

Within thirty (30) days of your retirement you may convert the group life insurance and/or voluntary personal accident insurance (if applicable) to an individual policy. Please contact us for the necessary forms if you would like to proceed with converting either policy.

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.

If you have any questions or require further information, please do not hesitate to contact us at (416) 736-2100 extension xxxxx or email xxxxxxx@yorku.ca.

Sincerely,

Xxxxx xxxxx 
Pension & Benefits Counsellor

Encl.
Note: The full text of any subsequently revised Retired Employees’ Benefit Coverage letter will be submitted to JCOAA in order to provide an opportunity for timely input.

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.

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:

1. $56,000 (fifty-six thousand dollars); plus
2. 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
3. an amount equal to the dollar increase over 1984-85 in the University’s annual charge of thirty-two (32) hours per week DPP cleaning. Thirty-two (32) 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 percent 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 (2) 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 Article 12.28 shall include the appropriate version of the following text:

Version 1

Your salary rate commencing [month and date 20XX] will be $[amount] per annum. This salary is expressed in [month and date 20XX to month and date 20XX+1] terms and will not be increased by any increments in the period [month and date 20XX+1] which have been or may be negotiated between the York University Faculty Association and the York Administration.

Version 2

Your salary rate commencing [month and date 20XX] will be $[amount] per annum. This salary is expressed in [month and date 20XX to month and date 20XX+1] terms and will be increased by a percentage equal to the following categories of salary increments during this period: [specify any categories of salary increases during the period found in Article 25 of the YUFA/Board of Governors Collective Agreement that will be applicable during the period].

Appendix I
Letter of Intent
Regarding Librarians' Workload

(Article 18.17)

The Employer will 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.

In the case of retirements or resignations from the University Libraries, the YUFA Library Chapter members from the University Libraries shall, in light of the Libraries’ needs and priorities, recommend to the University Librarian the areas of responsibility for any continuing stream appointments. In the case of retirements or resignations from the Law Library, the Law Library members of the Library Chapter shall recommend to the Dean, Faculty of Law the areas of responsibility for any continuing-stream appointments in light of the specific needs of the Law Library. Any such recommendations shall be seriously considered and not 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:

1. no such investigation is being conducted; or
2. 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; or
3. 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
Successful Candidates

It is agreed that the Administration will inform all Chairs that they must send the following letter to candidates upon being advised that they are the successful candidate.

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 candidates who have been advised that they are the successful candidate 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 conditions of your appointment, please do not hesitate to contact the Association at: 4700 Keele Street, Health, Nursing & Environmental Studies Building, Room 261, M3J 2R6; tel. 416 736 5236; email yufa@yorku.ca.

Yours Sincerely,
President
York University Faculty Association

Appendix L
Research Development 
Fellowship Programme

(Article 19.33)

The current terms and conditions respecting the Research Development Fellowship Programme as per clause 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 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 seven (7) Research Development Fellowships, where one (1) Fellowship is equivalent to a full-course release, 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 (5) 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, Health, Nursing & Environmental Studies Building, Room 261. Each application shall include the following:

1. 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;
2. a description of the project in progress which the individual wishes to complete;
3. an explanation of the scholarly/creative/professional significance of the project;
4. the proposed methodology to be employed in completing the project;
5. a schedule for the completion of the project;
6. an up-dated curriculum vitae;
7. an assessment of the project from a referee familiar with the applicant’s work and area of research;
8. 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 percent of replacement teaching costs to be paid from the Research Development Fund, and 25 percent 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 fourteen (14) 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. Notification of the Committee’s award decisions will be mailed no later that 15 January.

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

1. 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.
2. Regardless of which option is selected, participants will receive 100 percent of their regular base salary during the “fellowship year”. The “fellowship year” will count as a year of service.
3. A Research Development Fellowship may be deferred for up to a maximum of twelve (12) months in the event that the Fellowship recipient accepts an extension of an administrative appointment or agrees to an interim administrative appointment which precludes taking up the award.
4. 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 (1) 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 percent 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 professional activities should not interfere with the participant’s progress or should be correspondingly reduced.

9. A participant in the Programme has one (1) 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

1. An Appeals Committee of five (5) 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.
2. All appeals to the Appeals Committee shall be made within fourteen (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 (Health, Nursing & Environmental Studies Building, Room 261). Appellants shall have the right to appear before the Appeals Committee.
3. Upon receiving an appeal, the parties to the Agreement shall then proceed to select from a previously agreed upon pool of ten (10), a panel of five (5) Appeal Committee members. In the event that the parties are unable or fail to select the five (5) members of the Appeals Committee within seven (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 Dispute Resolution Committee, one of whom shall select the members.
4. The Appeals Committee once selected shall set the appeals process in motion.
5. The Appeals Committee shall select its own Chairperson from among its members and a member to serve as secretary, who will keep appropriate minutes.
6. 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 to the appellants.
7. 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.
8. All files submitted to the original RDF Joint Committee shall be made available to the Appeals Committee to enable appropriate comparisons to be made.
9. 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.
10. 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 325 merit awards, 250 of which will be $2,000, and 75 of which will be $3,000 for the period 1 May 2009 to 30 April 2010, 1 May 2010 to 30 April 2011 and 1 May 2011 to 30 April 2012.

(b) The above-noted awards shall be allocated to Faculties/University Library on the basis of the Faculty’s/Library’s proportion of bargaining unit members as of 1 May 2009, 1 May 2010, and 1 May 2011. Eligible employees shall be those who are members of the bargaining unit on 1 September 2008 and expected to continue to be members on 1 July 2009, and 1 September 2009 and expected to continue to be members on 1 July 2010, and 1 September 2010 and expected to continue to be members on 1 July 2011. 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 one (1) year (i.e., previous 1 July to 30 June), and shall be based upon:

1. 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;
2. 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 October 2009, 15 October 2010, or 15 October 2011 in writing to the Dean/Principal/University Librarian of the unit to have his/her research/scholarly/creative/professional accomplishments included in the evaluation;
3. 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/Principal/University Librarian by 15 October 2009, 15 October 2010, and 15 October 2011. Eligible employees may also be nominated by others with the approval of the eligible employee and the provision by the nominated employee of summary information and an up-to-date c.v. to the Dean/Principal/University Librarian by 15 October 2009, 15 October 2010, and 15 October 2011. An employee who fails to provide such information and c.v. shall not be evaluated for merit.

4. (a) By 1 November 2009, 1 November 2010, and 1 November 2011 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 October 2009 and 15 October 2010 and 15 October 2011.

(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 (1) or more elected committees which shall make recommendations to the Dean/Principal/University Librarian on the distribution of merit awards. Along with their recommendations, committees shall indicate in an aggregated manner the total number of recommendations which were based on (i) professional contribution and standing, (ii) teaching, (iii) service and (iv) the various possible combinations of the three (3) areas of professional responsibility. Aggregate information will similarly be provided to the Association with the list of award recipients. 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:

1. 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;
2. 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;
3. be applied in the evaluation of all employees eligible to be considered for merit in the unit;
4. Faculty committees or the University Library Committee may identify standards consistent with paragraphs 2 and 6(a), (b), and (c), above in respect of merit awards in the relevant Faculty or the University Library and refer to these standards in the Committee's recommendation to the Dean/Principal/University Librarian on the distribution of merit awards.

7. On or before 15 November each Dean/Principal/University Librarian shall forward to the Vice-President Academic 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 provide a copy of a Benefits Booklet to all new hires at the time of appointment. The parties will discuss in JCOAA on an ongoing basis whether and when updated information concerning benefits might need to be distributed to employees and the appropriate method of distribution and/or the preparation of an updated Benefits Booklet.

Appendix O
Letter of Understanding Regarding 
Graduate Supervision

Faculty members who are appointed to a unit with a “normal teaching load” of 3.0 FCEs per year and who do not receive other course releases related to or predicated on graduate supervision shall receive credit for graduate supervision TO A MAXIMUM CREDIT PER YEAR OF 0.5 FCE (all credits to be credited on a ‘slip year’ basis) as follows:

1. Principal supervisors of a thesis of a Masters student in the first two (2) years of his/her program or of a Ph.D. student in the first six (6) years of his/her program shall receive a one-sixth (1/6th) FCE credit per year for each such year of principal supervision. Principal supervisors of a thesis or dissertation of more than one (1) such student may receive an additional credit of a one-sixth (1/6th) FCE per year for each such year of principal supervision TO A MAXIMUM CREDIT PER YEAR OF 0.5 FCE.

2. Supervisors of a Major Research Paper of a Masters student in the first two (2) years of his/her program shall receive a 0.125 FCE credit per year for each such year of supervision of a Major Research Paper. Supervisors of a Major Research Paper of more than one (1) such student may earn an additional credit of a 0.125 FCE per year per Major Research Paper for each such year of Major Research Paper supervision TO A MAXIMUM CREDIT PER YEAR OF 0.5 FCE.

3. Faculty members who are actively involved in other formal supervisory activity of at least one (1) Masters student in the first two (2) years of his/her program or Ph.D. student in the first six (6) years of his/her program shall receive a 0.125 FCE credit per year for each such year of other formal supervisor activity. Faculty members who are actively involved in other formal supervisory activity of two (2) or more such students shall receive an additional 0.125 FCE credit per year for each such year of other formal supervisory activity TO A MAXIMUM CREDIT PER YEAR OF 0.25 FCE.

4. Faculty members may combine credits they receive as set out in 1-3 above to a maximum credit per year of 0.5 FCE.

For example: 

• Three (3) or more principal supervisions – 0.5 FCE
• One (1) principal supervision and three (3) or more Major Research Papers – 0.5 FCE
• One (1) principal supervision, one (1) Major Research Paper and two (2) or more other formal supervisory activities – 0.5 FCE
• Two (2) Major Research Papers and two (2) or more other formal supervisory activities – 0.5 FCE
• One (1) Major Research Paper and one (1) other formal supervisory activity – 0.25 FCE
• Two (2) or more other formal supervisory activities only – 0.25 FCE

Additional Graduate Supervision Credit

5. In addition to the provisions set out in paragraphs 1 to 4 above, faculty members who are appointed to a unit with a “normal teaching load” of 2.5 fces or higher per year and who are principal supervisors of a thesis or a Major Research Paper of four (4) or more Masters students in the first two (2) years of their program or of a dissertation of four (4) or more Ph.D. students in the first six (6) years of their program (or a combination of both totalling four (4) or more) shall receive an annual lump sum credit of one-sixth (1/6th) fce for each year of such principal supervision. Effective 1 May 2008, a faculty member who is a principal supervisor of seven (7) or more such supervisions shall receive a further additional annual lump sum credit of one-sixth (1/6th) fce for each year of such principal supervision.

6. Effective 1 May 2008, faculty members who are appointed to a unit with a “normal teaching load” of 2.5 fces or higher per year and who are actively involved in other formal supervisory activity of six (6) or more Masters students in the first two (2) years of their program or Ph.D. students in the first six (6) years of their program shall receive a 0.125 fce credit per year for each such year of other formal supervisory activity.

For example:

• A faculty member who is appointed to a unit with a “normal teaching load” of 2.5 FCEs with four (4) principal supervisions – one-sixth (1/6th) FCE.
• A faculty member who is appointed to a unit with a “normal teaching load” of 3.0 FCEs with four (4) principal supervisions – 0.5 FCE as per paragraph 1 above, plus an additional one-sixth(1/6th) FCE as per paragraph 5 above.
• A faculty member who is appointed to a unit with a “normal teaching load” of 2.5 FCEs with five (5) principal supervisions – one-sixth (1/6th) FCE.
• A faculty member who is appointed to a unit with a “normal teaching load” of 3.0 FCEs with five (5) principal supervisions – 0.5 FCE as per paragraph 1, above plus an additional one-sixth (1/6th) FCE as per paragraph 5 above.
• A faculty member who is appointed to a unit with a "normal teaching load" of 2.5 fces with seven (7) principal supervisions – two (2) one-sixth (1/6th) FCEs as per paragraph 5 above.
• A faculty member who is appointed to a unit with a "normal teaching load" of 2.5 fces with five (5) principal supervisions and other formal supervisory activity for six (6) Masters students – one-sixth (1/6th) FCE as per paragraph 5 above and 0.125 FCE as per paragraph 6 above.

No Duplication of Graduate Supervision Credits

It is understood and agreed that the additional Graduate Supervision Credits set out in paragraphs 5 and 6 cannot be accrued by faculty receiving other course releases related to or predicated on graduate supervision resulting in a teaching load of less than 2.5 FCEs.

7. (a) It is understood that faculty will use accumulated graduate supervision credit in the form of course release at the earliest opportunity subject to academic planning in their unit.

(b) Consistent with 7(a) above, unused credits of 0.5 FCEs or more earned prior to the year before retirement will be used in the form of course release in the year before retirement, subject to academic planning.

(c) Faculty members who will have accumulated unused graduate supervision credits of at least 0.25 FCEs as of their retirement will discuss with their Dean/Principal or designate using the accumulated credits to a maximum of 0.5 FCEs in the form of compensation with the YUFA Overload ate.

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
Letter of Understanding Regarding
Academic Administrative Positions

(Article 25.10)

The stipend and minimum release for academic administrative positions is as follows:

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. Except in exceptional circumstances approved by the Dean/Principal/University Librarian, no person may receive greater teaching release credit in a given academic year than the amount of teaching release credit which reduces his/her teaching load in that academic year to 0 full course equivalents.
3. Academic administrative positions not listed above or new academic administrative positions will be brought to JCOAA for category placement.
4. 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.
5. All stipends and release time granted, including the Schulich School of Business stipends and release time, are subject to the reporting requirements of Article 8.01(b)(i).

Department Sizes - Division of Departments Based on FFTEs (pdf)

Appendix Q
Letter of Intent
Procedure for Dealing with Complaints 
of Harassment or Discrimination

This Letter of Intent now stands as the Procedure for Dealing With Complaints of Harassment or Discrimination with respect 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:

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 for Human Rights (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 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 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:

1. is based on facts which have occurred more than six (6) months prior to the date of the lodging of the complaint; or
2. might be resolved informally; or
3. might be resolved by mediation; or
4. might not be resolved informally or by mediation and requires a formal complaint and investigation; or
5. 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 (6) 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:

1. 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 parties involved 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.
2. Advice given to a Complainant concerning informal resolution will be reflected in a memorandum prepared by the Centre and acknowledged by the Complainant. If the Complainant names the Respondent and the Respondent is named in the memorandum, the Respondent must be notified.
3. At any point in the process, 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 mediation. 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:

1. No resolution is reached and the Complainant decides to withdraw the allegation and take no further action.
2. A resolution is reached, written up and signed by all parties to the mediation. The Centre and each of the parties to the mediation shall receive a copy.
3. No resolution is reached and the Complainant requests that the matter proceed to the Formal Complaint and Investigation stage.

10. Formal Complaint and Investigation

1. 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.
2. 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.
3. The Respondent may submit a written response to the formal complaint to the appropriate Dean/Principal/University Librarian/Vice-President within ten (10) working days of receiving a copy of the formal complaint.
4. Within fifteen (15) working days of receiving a formal complaint and the response, if any, 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 (normally within thirty (30) working days). The investigator will have had no previous involvement with the Complaint in any of the processes under this Appendix prior to the appointment of the investigator.
5. Upon receiving a formal complaint against an employee in his/her area the Dean/Principal/University Librarian/Vice-President will (in consultation with the employee and/or Employee 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. The investigation report will not give any direction with respect to disciplinary action.
6. 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, of any errors or omissions in the report and the description of the facts or allegations provided by each of them to the investigator.
7. 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. The final report will not draw any conclusions with respect to disciplinary action. A copy of the investigation report will be given to the 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:

1. what remedial action, if any, shall be taken or continued in the Respondent’s workplace in the circumstances;
2. 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 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 cooperating 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.

Appendix R
Letter of Understanding Regarding
Joint Long Range Planning Subcommittee on Workload

Preamble

The parties, the Employer and the York University Faculty Association (“Association”), share an interest in establishing a process for a thorough and meaningful review of all aspects of faculty workload with a view to providing the means for equitable opportunities for Professorial, tenure-stream faculty members to reduce their teaching load to 2.0 FCEs per year where such reductions are consistent with the academic priorities of the University.

Joint Long Range Planning Subcommittee on Workload

To this end, the parties agree that a Joint Long Range Planning Subcommittee on Workload (“Subcommittee”) will be established on the bases outlined below. The Subcommittee’s objective will be to make recommendations to the parties regarding a framework for providing the means for equitable opportunities for Professorial, tenure-stream faculty members in units with a normal teaching load higher than 2.0 FCEs to reduce their teaching load to 2.0 FCEs, in support of the University’s academic priorities.

Composition of the Subcommittee

The Subcommittee shall be comprised of ten (10) members, five (5) appointed by the Employer and five (5) appointed by the Association. Each party will designate one (1) of its representatives as a Co-Chair of the Subcommittee. In appointing their members, each party will endeavour to have representation from a cross-section of teaching and research cultures in the humanities, social sciences and fine arts.

Terms of Reference and Mandate for the Subcommittee

i.       Principles Informing the Operation and Recommendations of the Subcommittee

The following principles shall inform the Subcommittee's recommendation:

• $1.5 million dollars will be set aside for the specific purpose of supporting the implementation of the workload reduction framework. The framework will be implemented 1 May 2011 upon approval by the parties.

• Recommendations by the Subcommittee will be subject to the appropriate approval process in each of the Association and the Employer as expeditiously as possible. Where the framework is not approved by both parties by 15 January 2011, a further across-the-board base wage increase funded by the $1.5 million dollars set aside to support the implementation of the workload reduction framework will be added to the base salary of all bargaining unit members, effective 1 May 2011. For clarity, any across-the-board base wage increase shall not exceed a total cost to the Employer of $1.5 million dollars.

• In particular, evidence must be provided that a framework for providing the means for equitable opportunities for a reduction in teaching load to 2.0 FCEs can be supported and sustained by available financial resources, including the amount cited above. The Subcommittee will be provided with the costing and other financial information necessary for consideration of the cost and economic practicality of its recommendations.

• By 15 January 2012, the Subcommittee will receive the costing and other financial information of the implementation of the framework. In the event that the cost of implementing the framework is less than $1.5 million dollars, the difference will be made available to the Association and the parties shall promptly meet to determine how to best distribute the monies to employees in the bargaining unit.

• There will be no reduction in course releases as set out in the renewal Collective Agreement unless agreed to by the parties.

• The parties agree to remove Articles 18.13, 18.14, and Appendix O of the renewal Collective Agreement on the approval of the framework.

• Within thirty (30) days of approval of the framework, and prior to implementation, the parties agree to resolve the issue of outstanding credits under Appendix O. Outstanding credits shall be paid out at the relevant proportion of the overload rate in the 2009-2012 Collective Agreement.

ii.     Data Collection

The Subcommittee will gather data that is relevant to its mandate, including but not limited to:

• existing overall workloads and normal teaching loads in all hiring units across the University, including data on the proportion of undergraduate and graduate teaching delivered by Professorial, tenure-stream faculty within a unit,

• all teaching releases currently available to faculty in all hiring units which shall include the current levels of administrative and other non-research based course releases, and

• overall workload and teaching load data from Ontario and Canadian universities selected by the Subcommittee.

iii.   Data Review

The Subcommittee will make recommendations to the parties regarding any and all course releases in accord with the following principles:

1. equity in opportunity/access,

2. transparency, and

3. consistency for comparable work.

iv.  Principles Informing the Framework

The following principles shall inform the framework that establishes the means for equitable opportunities for Professorial, tenure-stream faculty members to reduce their teaching load to 2.0 FCEs per year:

• Reductions in teaching load to 2.0 FCEs per year shall require the satisfaction of clearly identified eligibility criteria for research activity, to be collegially developed and approved by a majority of members within the units and approved by the respective Dean/Principal.

• Reductions in teaching load to 2.0 FCEs per year shall require the satisfaction of service expectations, to be collegially developed and approved by a majority of members within the units and approved by the Dean/Principal to meet service and governance needs.

• The framework shall have regard to the student experience and shall avoid diminishing student contact with Professorial, tenure-stream faculty, to the extent practicable.

• Changes to individual unit workload plans required to implement the approved framework for teaching load reduction will be undertaken by a collegial process, with the support of a majority of the members of the unit.

• Workload plans shall be consistent with Articles 18.08.1 and 18.08.5.

Process and Timelines

• The Subcommittee will convene within one (1) month of the ratification of the renewal Collective Agreement and will make its recommendations to the parties within twelve (12) months of the ratification of the renewal Collective Agreement.

• Provided that such recommendations are approved by the Association and the Employer and that the approval occurs within a timeframe allowing for proper planning, the framework for teaching load reduction approved by the parties will be implemented effective 1 May 2011.

• Revised unit workload plans will be submitted to the Dean/Principal for approval on the basis of their consistency with the recommended framework for teaching load reduction and the principles informing the framework. If the Dean/Principal does not approve a workload plan, they will provide written reasons for their decision in this regard within sixty (60) days.

• Timelines set out in this Memorandum may be revised by mutual agreement of the parties.

Outstanding Workload Grievances