YUFA

Collective Agreement

2009-2012

 

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Article 18
Terms and Conditions
of Employment

Length of the Employment Year

18.01

The employment year shall normally be from 1 July to the subsequent 30 June, and shall include eleven (11) months of professional obligations and responsibilities to the University (as defined in Article 11) and one (1) month’s vacation, payment for which is included in the annual salary. Employees with appointments of less than twelve (12) months shall receive a portion of one (1) month’s salary pro-rated according to the fraction which their appointments are of twelve (12) months.

Holidays

18.02

Employees are entitled to the following holidays: Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, the day before Christmas, Christmas Day, Boxing Day, New Year’s Day, Family Day, Good Friday, Victoria Day, and any other day proclaimed as a holiday by the University or as a statutory holiday by federal or provincial authorities, and:

  1. 29, 30, 31 December 2009;
  2. 29, 30, 31 December 2010;
  3. 28, 29, 30 December 2011.

2009-2012 Holiday List (pdf)

Payment of Salaries

18.03

Salaries and administrative stipends are paid to employees in twelve (12) equal installments, by payment to their bank, credit union, or trust account on the 25th day of each month. When the 25th falls on a Sunday or a Monday holiday, payment is made on the following day. When the 25th falls on a Saturday or a Friday holiday, payment is made on the previous day.

Outside Professional Activities

18.04

The nature of the professional competence of many employees affords opportunities for the exercise of that competence outside the employee’s University duties, on both remunerative and non-remunerative bases. Recognizing that such outside professional activities can bring benefits to and enhance the reputation of the University and the capacities of employees, the Employer agrees that employees have the right to engage in part-time outside activities paid or unpaid, including participation in their Professional Associations and/or Learned Societies or professionally-related community service, provided that such activities do not interfere with their obligations, duties, and responsibilities to the University, and subject to the following conditions:

  1. Employees shall, upon request, make available to their Dean/Principal/University Librarian or designate information on the scope of outside activities of a substantial or continuing nature. Further, between requests, employees shall report to their Dean/Principal/University Librarian the fact and scope of outside activities of a substantial or continuing nature.
  2. When an employee’s outside activities involve the use of University facilities, supplies, or services, permission for the use of such facilities, supplies, or services, and agreement on appropriate reimbursement therefore shall be obtained in advance by the employee from his/her Dean/Principal/University Librarian or designate. Costs in excess of the agreed reimbursement shall be borne by the employee on the request of the Employer.

Travel While on University Business

18.05

The Employer will reimburse its employees the same as administrative staff for actual out-of-pocket travel expenses which are reasonable and appropriate to the type of University business to which they are related. Expenses will be reimbursed for University business for which specific prior authorization has been given.

Intra-University Transfers

18.06

The Employer agrees that any employee who desires to transfer to a vacancy for which he/she is qualified in another department/division, or Faculty, or the Library, shall be given first consideration for such a vacancy.

18.07

Any employee who transfers or is transferred to a position within the bargaining unit in another department/division, or Faculty, or the Library, of the University shall retain, as a minimum, salary, tenure/continuing appointment, rank, seniority, years of service toward sabbatical leave and pension, and all similar entitlements.

Workload of Faculty Members

18.08.1

The workload of faculty members shall, consistent with the stream concerned, include teaching, research/scholarly/creative activities, and service to the University. The Employer shall attempt to achieve an equitable distribution of workload among faculty members. The “normal workload” of a Faculty shall be defined by current practices, or as may hereafter be agreed to by the parties.

The “normal teaching load” component of workload or “normal workload” is recognized to constitute a complex of course direction (including duties attendant on mode of delivery), tutorial direction or advising or their equivalents, supervision of dissertations, theses, senior essays or their equivalents and directed reading courses. The number of full courses or full course equivalents constituting a “normal teaching load” shall be defined by current practices. In calculating full course equivalents, the factors named below shall be considered, in particular class size and student load.

Determination of the full course equivalents taught by a faculty member in any given year in satisfaction of the “normal teaching load” shall include consideration of:

(a) Course direction and coordination;
(b) Class sizes and total student load, with particular consideration given to large lecture courses;
(c) Course levels;
(d) The nature of the course (e.g., writing intensive or critical skills components, Foundations);
(e) Mode of delivery;
(f) Advising or equivalents;
(g) Graduate supervision, including but not limited to supervision of dissertations, theses or equivalents;

and course related responsibilities such as:

(h) Tutorial, lab, or studio direction or equivalents;
(i) Supervision of tutors, markers/graders or equivalents;
(j)  Marking/grading responsibilities or their equivalents;
(k) Course preparation, including extraordinary course preparation such as new courses, “short notice”, preparation of courses delivered by alternate modes, and for courses which are cancelled;
(l) Supervision of seniors’ essays or their equivalents;
(m) Directed reading courses.

In the context of the teaching load of the unit as a whole, units shall, using normal collegial and consultative processes, specify which of the factors listed above are used to calculate full course or full course equivalents, and “normal teaching load”, and how the factors are applied. This may include a unit committee established specifically for this purpose.

Newly created or revised teaching load documents setting out the specifications described in the preceding paragraph using collegial processes, shall, upon approval of the Dean/Principal, be submitted to JCOAA for information. Following the ratification of this Collective Agreement, units shall provide updated teaching load documents.

The teaching load of each member of the unit and the unit as a whole shall be made available annually to each member of that unit by 15 March of the year in which the teaching loads are applicable. The 15 March reports should be structured as follows: (i) full-time faculty members (including CLAs and SRCs) should be listed alphabetically with the courses they are teaching in the current year (i.e., by 15 March 2010, courses taught in Summer 2009 and Fall/Winter 2009-10 should be listed); (ii) where the teaching assigned to a faculty member in a given year is different from the unit’s normal load, an explanatory note should be added, specifying the amount of difference attributable to a particular cause, including changes arising from Article 18.11.

Alterations of these specifications shall follow the procedure outlined above.

It is understood by the parties that any alteration of normal workload, including “normal teaching load” (including class size), shall be subject to any relevant Articles, including Articles 17, 18.09, and/or 18.13 of this Agreement, where one or more of those Articles is relevant.

18.08.2

As expeditiously as practicable following the ratification of the 2006-2009 Collective Agreement, those units with a “normal teaching load” of 3.0 FCEs per year and whose members do not receive other course release (e.g., a unit whose members routinely receive a 0.5 FCE reduction for membership in a graduate program) will form a Unit Workload Committee using normal collegial procedures for the purpose of considering ways of reducing the “normal teaching load” for probationary and tenured faculty in the unit to 2.5 FCEs per year. Such committees will make recommendations to the Dean/Principal to reduce the “normal teaching load” for implementation beginning 1 May 2008. The recommendations will take into account and address the factors in Article 18.08.1 and the relationship between teaching load and research/scholarly/creative activity.

Changes shall be made to a unit’s “normal teaching load” on the approval of the Dean/Principal in writing. If the Dean/Principal does not approve the Unit Workload Committee’s recommendations, the reasons will be indicated in writing with suggested changes.

In the event that differences remain between the Unit Workload Committee and the Dean/Principal, either the Unit Workload Committee and/or the Dean/Principal may request the assistance of the Vice-President Academic in achieving the objectives set out above.

This clause is not to be used to reduce the “normal teaching load” of a unit below 2.5 FCEs per year.

18.08.3

Normally, the structure, format and mode of delivery of courses shall be determined by the relevant unit(s) in conformity with the requirements of the curriculum as approved by Senate and with established practices.

For the purposes of Article 18, modes of delivery of instruction include correspondence courses, and courses delivered all or in part by technologically enhanced instruction, including, but not limited to, computer-mediated conferencing, teleconferencing and the Internet. Assignment of courses using alternate modes of delivery shall be consistent with the pedagogic and academic judgements and principles of the faculty member employee as to the appropriateness of the use of technology in the circumstances. Furthermore, it is recognized that not all courses are appropriate for alternate delivery. Normally, a faculty member will not be required to convert a course without his/her agreement. Disputes respecting these matters shall be submitted to JSIT or DRC for resolution.

The parties agree to refer issues respecting courses employing alternate modes of delivery, including appropriate class size, to JSIT, which may make recommendations to the parties and, where relevant, to the appropriate Senate committees.

In the case of Atkinson correspondence courses:

  1. the parties agree to invite CUPE 3903 to participate in the deliberations of JSIT when it is considering issues respecting Atkinson correspondence courses;
  2. the Administration will also request that CUPE 3903 agree to invite YUFA to participate in the joint (Employer/CUPE ) review of Atkinson correspondence courses including such issues as course credit, preparation time, class size and workload;
  3. in addition, the Administration will request that CUPE 3903 agree that YUFA will have intervenor status in the arbitration, if any, which may be filed by CUPE 3903 should the parties (Employer and CUPE ) be unable to agree during the course of their review.

In keeping with the responsibilities for maintaining an environment for work, as outlined in Article 18.37, the Administration shall use all available means to provide an infrastructure, both human and material, to support technologies to enhance teaching and research activities. In fulfiling this responsibility, the Administration will give serious consideration to all reasonable recommendations from the JSIT respecting such matters.

Employees assigned to teach courses delivered by alternate modes, as defined above, shall be provided with all reasonable technological and human resources required to develop and to conduct the course. Employees shall be provided with necessary training in the use of required technology. Employees shall be notified in writing before such a course is assigned, of the resources available to them, and any travel requirements associated with the course.

For clarity, Articles 21 and 23 and other relevant provisions of this Agreement apply to courses delivered by alternate modes.

18.08.4 

A faculty member will not normally be required to teach more than five (5) days in any week. A faculty member will not normally be required to teach over a period of time spanning more than ten (10) hours in any one (1) day. A faculty member will not normally be required to teach within eleven (11) hours following the end of his/her scheduled teaching on one (1) day and the beginning of his/her scheduled teaching on the following day. It is understood that a faculty member may voluntarily agree to teach other than as set out above.

18.08.5

The service component of normal workload is recognized as including contributions to the governance of the University and collegial academic and administrative activities. Service to the University is an important part of one’s professional obligations and responsibilities.

Service includes, but is not limited to, the factors listed below:

  1. participation on Senate and subcommittees of Senate;

  2. participation on Faculty, School or Departmental Councils and their subcommittees;

  3. participation in the Association and subcommittees;

  4. participation in joint YUFA/Administration committees and activities;

  5. participation in the governance and activities of the Research Centres;

  6. participation in such units as the Centre for the Support of Teaching, and advising centres;

  7. participation in deliberative and governance bodies of the Colleges;

  8. holding of academic administrative positions, not mentioned above, as set out in Appendix P;

  9. participation in unit or Faculty level academic and administrative committees including but not limited to Executive, Academic Planning, Curriculum, Hiring, Affirmative Action, Program Review Committees, and Tenure and Promotion Committees;

  10. University Advisory Committees and Task Forces;

  11. Service to organizations outside the University which is of an administrative nature, and not part of an employee’s research program, such as serving on review committees for awards, grants, and scholarships;

  12. University related development activities;

  13. Service to the external community (e.g., service to aboriginal communities) demonstrably relevant to the University’s academic priorities.

Service may include both service of a routine administrative nature, as well as service which contributes to the academic goals and governance of an employee’s unit and/or Faculty, the Association and the University as a whole. Consideration of service may distinguish between membership on and leadership of the various activities and committees. The time horizon used in considering service may exceed one (1) academic year.

18.09

An alteration by the Employer of the normal workload of a unit, or Faculty, including normal teaching load component of the workload shall not be unreasonable, and shall only be made with the agreement of the JCOAA, after consultation with the unit or Faculty concerned. The agreement of the JCOAA to such an alteration shall require agreement of a majority of the Association representatives. The reasons for the alteration shall be presented to the academic unit so affected, in writing, with a copy to the Association.

The parties recognize that class sizes are a pedagogical concern, and are normally determined by collegial decisions in conformity with established practices.

18.10

Within an academic unit, the Dean of the Faculty or designate, shall, with due notice, assign teaching duties to individual faculty members in the light of the individual’s discipline and specialties, and consistent with the normal teaching load of the stream and the Faculty or department in question, and its equitable (i.e., fair) distribution among members of the unit. Teaching duties shall include, but not be limited to, advising students and prospective students, and conducting scheduled classes. Adherence to the normal teaching load shall encompass necessary minor year-to-year fluctuations in an individual’s teaching load, these fluctuations balancing out over time. An individual may, also, with the agreement of the Dean or designate, undertake more than a normal teaching load. The parties agree that the Dean will exercise his/her powers under this clause consistent with current practices.

18.11

In exceptional cases, the Dean or designate may increase or reduce the teaching load or service commitments of an individual faculty member in the light of the individual’s research/scholarly/creative and service contributions. Any increase in the teaching load or service commitments of an individual shall be based on the individual’s research/scholarly/creative and service contributions as assessed by the academic unit in question, or by procedures agreed to by the academic unit in question.

The reasons for any variations in the normal teaching or service load, and the exceptional circumstances therefore, shall be communicated in writing to the faculty member so affected, with a copy to the Association, and the decision shall be subject to the grievance and arbitration procedures established by this Agreement, for the purpose of determining whether such a variation was justified.

18.12

In the case of an increase in the normal teaching or service load without the consent of the individual, the individual shall be given reasonable notice in writing of the increase. In no such case may an exceptional increase in teaching or service load be made two (2) years in succession, and the same individual may not receive an exceptional increase in teaching load two (2) times in succession, nor may he/she receive an increase of more than one (1) course above the normal load. Exceptional increases shall not be assigned in the sabbatical year or the year following sabbatical leave.

18.13

There shall be no increase to normal workload and teaching workload (including class size) unless the Committee named in 18.14 is activated and makes its report, which shall be due no later than 30 April 1994. Further, the parties agree that alterations in workload (including class size) in response to changing circumstances shall not be considered as establishing new workload norms.

18.14

The parties agree to establish a Joint Committee on Teaching Load and Class Size, composed of an equal number of representatives appointed by each party.

  1. The Committee will study the issue of teaching loads, including class size.
  2. The Administration agrees to provide the Committee with any information required to conduct its work in this regard.
  3. The Committee will receive from academic units reports respecting teaching load, taking into consideration factors such as, but not limited to: availability of space, facilities, and resources; programmatic/curricular requirements; overall workload and teaching load of each faculty member; workload and teaching load of untenured faculty; complement; comparable data at other universities; such other concerns as it may wish to bring to the attention of the parties.
  4. The Committee shall meet a minimum of four (4) times per year.
  5. The Administration agrees to inform the Committee of any relevant plans or intentions that might have an impact on teaching load, including class size.
  6. The Committee will study and make recommendations in light of the Collective Agreement concerning (i) the appropriateness in particular instances of teaching load, including class size; (ii) notice, when within a month of the commencement of classes, enrolments exceed those planned; and (iii) credit for course cancellations, exceptional course preparation, and alternate forms of delivery. The Committee will include student load in its study of (i).

18.15

The Employer agrees to provide reductions in the normal teaching loads of employees holding academic administrative positions within the bargaining unit as set out in Appendix P, unless otherwise agreed to by an employee and his/her Dean/Principal/University Librarian or unless agreed to by the parties in the JCOAA. Changes agreed to in the JCOAA shall not take effect until the employee currently holding the academic administrative position completes the appointment.

The Employer further agrees to inform the Association annually of all academic administrative functions or tasks for which release time is provided.

Workload of Professional Librarians

18.16

(a) The normal work week for a professional librarian shall be thirty-five (35) hours per week, scheduled fairly and equitably during the operating hours of the Libraries.

A librarian will not normally be required to work more than one (1) evening per week or on consecutive weekends.

Librarians shall be entitled to request a flexible distribution of the thirty-five (35) hours per week for a specified period of time from the University Librarian/Dean, Faculty of Law or designate who shall consider accommodating such requests taking into account operational needs. Where a request for the flexible distribution of the thirty-five (35) hours per week is denied, the University Librarian/Dean, Faculty of Law shall set out in a written reply to the employee the reasons for the denial.

The workload of professional librarians shall, consistent with their specialties and qualifications, include public service, collections development, and bibliographic control. The workload of librarians shall, also consistent with a librarian’s specialties and qualifications, include professional development, research and scholarship, and service to the University

(b) The University Librarian/Dean, Faculty of Law or designate shall be responsible for assigning in writing the general responsibilities of librarians in the light of the individual’s specialties and qualifications, and in the light of the Libraries’ and the University’s needs and priorities and consistent with the normal work week of thirty-five (35) hours. The University Librarian/Dean, Faculty of Law or designate shall ensure that the assignment of duties and responsibilities is fair, equitable and reasonable. Within the components of public service, collections development and bibliographic control, responsibilities shall include working with colleagues, supervising non-professional staff, and providing services to Library users. The University Librarian/Dean, Faculty of Law or designate shall meet with each librarian once each year to review the assignment of responsibilities. If the responsibilities of a librarian on sabbatical or leave of more than one (1) month are assigned to another librarian, the written assignment of responsibilities shall be modified for the period of the assignment. An increase in librarian workload which is in response to changing circumstances shall not be unreasonable and shall not be considered as establishing new norms.

(c) The workload for librarians shall be established with due regard for their research and scholarly responsibilities. Release time shall be made available, within the scheduling of the normal work week, so that librarians may pursue research and scholarly work. The librarian desiring release time shall make application through his/her departmental chairperson to the University Librarian/Dean, Faculty of Law. Such requests shall not be unduly denied.

(d) In the assignment of workload the University Librarian/Dean, Faculty of Law or designate may reduce assigned responsibilities of a librarian in candidacy to enable the librarian to engage in professional development, research and scholarship.

(e) A librarian shall be entitled to twenty-two (22) days during the eleven (11) months of professional obligations and responsibilities to the University to pursue professional development, research and scholarship. This entitlement shall be made available within the scheduling of the normal work week. In order to ensure the orderly carrying out of a librarian's responsibilities and the Libraries’ responsibilities, a librarian shall inform his/her department head at least one (1) week in advance of when these days will be taken. Entitled days for professional development, research and scholarship may be accrued. Normally, no more than two (2) weeks of accrued entitlement may be taken in any four (4) week period.

(f) Up to six (6) half course-equivalent releases, one half course-equivalent release per successful applicant, will be available annually to support research projects. A half course-equivalent release comprises the equivalent of one (1) day per week over six (6) months. Librarians may apply for a half course-equivalent release in each of the three (3) years. Applications will be submitted to the Office of the University Librarian and must include a detailed proposal of the project to be supported by the course-equivalent release. Applications will be reviewed by the Research and Awards Committee, which will, as appropriate, make recommendations to the University Librarian/Dean, Faculty of Law. Where a recommendation is denied by the University Librarian/Dean, Faculty of Law, the University Librarian/Dean, Faculty of Law shall set out in a written reply to the Research and Awards Committee, with a copy to the applicant, the reasons for the denial.

In the interest of maintaining effective scheduling of library services, plans for when the half course-equivalent release will be used must be approved by the University Librarian/Dean, Faculty of Law or designate in consultation with the Department Head, as appropriate.

18.17

The parties recognize the need for the Libraries and the professional librarians to maintain effective public services, collections development, bibliographic control in support of academic program, research and scholarly pursuits, and therefore, the need to halt the erosion of the librarian complement. In pursuit of this objective, the parties have agreed to the Letter of Intent as per Appendix I.

Reassignment/Transfer

18.18

The assignment of responsibilities may require the permanent reassignment of a librarian from one department or branch of the Libraries to another. Normally such reassignment shall be effected by the University Librarian/Dean, Faculty of Law with the consent of the individual librarian and the Chairpersons of the departments or branches involved. The parties recognize, however, that in exceptional circumstances, the effective management of the Libraries may require that librarians be reassigned without their consent.

In such cases, the University Librarian/Dean, Faculty of Law shall continue to take into account the specialties and qualifications of the librarian involved, shall effect such reassignment only after consultation with the individual librarian and Chairpersons of the departments or branches involved, and shall give reasonable notice in writing to the persons concerned and the Association of the decision to reassign. The written notice shall state the reasons for the decision to reassign, and the exceptional circumstances that render it necessary. The University Librarian/Dean, Faculty of Law shall inform all librarians of the reassignment. Professional librarians who are permanently reassigned will retain continuing appointment, rank, seniority, salary, and the years of service toward sabbatical leave application, pension, and all similar entitlements.

Length of the Academic Year

18.19

Faculty shall be available for on-campus responsibilities from one (1) full week before classes commence in the session in which they are teaching until the consideration of grades by their department or Faculty at the end of the appropriate session, and shall make themselves available, on reasonable notice, to address grade information requests after such departmental/Faculty considerations, subject to clauses 18.20, 18.23, and 18.24, below.

18.20

The nature of the University’s work is such that all faculty members share responsibility for the administration of the affairs of their respective Faculty and/or departments, and for the year-round supervision of students. Thus all faculty members not formally granted leave may be required to assist in the carrying out of the affairs, responsibilities, and academic obligations of their Faculties and/or departments throughout the calendar year.

  1. In order to ensure the orderly carrying-out of a faculty member’s duties and Faculty and/or Department responsibilities, faculty members shall inform their Dean or designate of their planned summer schedule, indicating the anticipated vacation period. Assignment of summer duties shall be equitably shared among members of the Faculty or Department.
  2. Faculty members appointed to administrative duties shall inform their Dean or designate, or the Vice-President designated by the President, in advance of their one-month vacation period and any other planned absences from campus, and shall schedule such absences so as to ensure that their administrative responsibilities are performed in a manner satisfactory to the Dean or designate or Vice-President.

18.21

In order to ensure the orderly carrying out of a librarian’s responsibilities and the Libraries’ responsibilities, librarians shall inform the University Librarian/Dean, Faculty of Law or designate of their planned vacation periods.

Summer Teaching

18.22

A faculty member in the bargaining unit applying to teach in the Summer Session shall be given first consideration for appointment to one (1) full course, or the equivalent, within his/her area of expertise.

18.23

The Employer may, upon the giving of reasonable notice, assign teaching in the Summer Session to a faculty member without his/her consent, but the Employer shall normally exhaust the possibilities for staffing of summer courses through part-time appointments, overload appointments, or voluntary assignments, prior to the exercise of such right. The reasons for a compulsory summer teaching assignment shall be in terms of the needs of the University for effective scheduling of its curricular offerings, and shall be conveyed in writing to the faculty member by his/her Dean. For the purposes of this Agreement the Summer Session shall be construed as a term.

18.24

Compulsory summer teaching assignments shall be distributed among faculty members of the bargaining unit as equitably as possible, but, in any event, a faculty member may not be assigned summer teaching duties in more than one (1) full course or in two (2) consecutive summers. Summer teaching duties assigned compulsorily shall be balanced by a corresponding reduction in teaching load in the subsequent term or at a time to be agreed upon between the Dean/Principal/University Librarian and the individual. Normally, a faculty member will not be required to teach in three (3) consecutive terms as the consequence of a compulsory summer teaching assignment. Except in extraordinary circumstances, a faculty member will not be required to teach for more than ten (10) consecutive months as the consequence of a compulsory summer teaching assignment. Except in extraordinary circumstances, a probationary employee shall not be required to teach in two (2) consecutive summers.

It is understood that a faculty member may voluntarily agree to teach other than as set out in Articles 18.23 and 18.24, above.

Reduced-Load

18.25

Employees may apply to their Dean/University Librarian or designate for a reduced-load for a specified period of time. If such a reduction is granted, such employees shall be designated as “full-time; reduced-load” and shall remain members of the bargaining unit. Salary and the Employer’s contribution to salary-based fringe benefits will normally be reduced in proportion to the workload reduction, as will the credited years of service toward sabbatical leave and consideration for tenure.

Where an application for reduced-load status of up to and including one-third of normal load is denied, the Dean/University Librarian shall set out in a written reply to the employee the reasons for the denial, which shall normally be in terms of the effective scheduling of a unit’s teaching/library programme or administrative duties (in the case of those employees listed in Appendix A, Section C).

18.26

An employee granted “full-time; reduced-load” status may, at his/her own expense, maintain his/her salary-based fringe benefits on a full-rate basis. Employees applying for such status may also apply for a continuation of the Employer’s contribution to salary-based fringe benefits on a full-rate basis, and the Employer may approve same, depending upon the nature of the reduction in load and the Employer’s judgement as to the degree to which it is in the interests of the University as well as the employee.

Note: Employees eligible for Reduced-Load under clause 14.02(b) shall be treated according to the terms of that clause.

Restructuring and Redeployment

18.27

The parties recognize the importance of effective academic planning in maintaining the well-being of the University. In exercising its role in the academic planning process, in particular through its decisions concerning the disposition of the University’s resources, the Employer shall respect the role of Senate in academic matters and shall also make reasonable efforts to ensure that all planning proposals are in conformity with the provisions of this Agreement. Further, in conformity with the collegial role in academic planning, the Employer shall inform academic units as early as possible of any proposal that would affect them, and shall provide academic units with reasonable opportunity to participate in the planning process.

Restructuring

18.28

Before implementation, proposals for significant academic restructuring of Faculties, units, programs, and the use of redeployments shall be referred to the Joint Subcommittee on Long Range Planning.

Redeployment of Faculty Members

18.29

The parties agree that effective use of the University’s resources, and the prevention of lay-offs for reason of financial necessity, require, inter alia, mechanisms for the redeployment of employees from one Faculty to another and/or one department to another within a Faculty. Normally, such redeployment is effected with the consent of the individual employee and the Deans and Chairpersons of the Faculties and departments involved. The parties recognize, however, that in exceptional circumstances the effective management of the University’s academic work may require that employees be transferred from their Faculty/department of original appointment on either a short-term or a permanent basis without their consent. Such compulsory transfers shall be of two (2) kinds.

Short-Term Transfer

18.30

Compulsory secondment of an employee to a unit other than the unit of his/her appointment, for a portion of his/her teaching duties, would normally be occasioned by:

  1. efforts to implement a Senate approved decision establishing particular academic priorities or emphases among programmes/units or within programmes/units;
  2. enrolment patterns which create serious imbalances in teaching loads of a kind which could be alleviated by transfers.

Secondment within a single Faculty

18.31

(a)

  1. The secondment shall be made only after consultation among the Dean concerned, the Chairpersons concerned, and the employee. The Dean shall be accountable for ensuring that adequate consultation occurs in accordance with Article 18.28 and clause (c) below.
  2. The Dean of the “home” unit shall confirm a decision about secondment in writing to the employee, with a copy to the Association, at least four (4) months prior to the date when the secondment shall take effect, for example, 1 March for secondments beginning 1 July.

Secondment involving more than one Faculty

(b)

  1. The secondment shall be made by the Vice-President Academic or designate, only after consultation among the Deans concerned, the Chairperson(s) concerned, and the employee. The Vice-President shall be responsible for coordinating and facilitating the consultation process and shall be accountable for ensuring that adequate consultation occurs in accordance with Article 18.28 and clause (c) below.
  2. The Dean of the “home” unit shall confirm a decision about secondment in writing to the employee, with a copy to the Association and the Vice-President Academic at least four (4) months prior to the date when the secondment shall take effect, for example, 1 March for secondments beginning 1 July.

(c) Without limiting the normal discretion of the Dean under this Article, the consultation referred to in 18.31(a) and (b), above shall include consideration of the implications of the secondment for both units and the employee with regard to:

  1. the programmatic needs of both units;
  2. minimizing the impact on the academic life and processes of each unit; and
  3. minimizing of the disruption to the scholarly pursuits of the seconded employee.

(d) The written notice of the decision shall indicate:

  1. the reasons requiring the secondment from the one unit to the other;
  2. the reasons for the selection of the particular individual for secondment;
  3. a statement of the results of the consultations that have taken place as required by (c) above, such statement to itemize any provisions and/or accommodations agreed upon by the parties.

(e) The selection of a particular employee shall not be in an unreasonable manner.

Permanent Transfer

18.32

Compulsory permanent transfer, in which case the employee’s unit of appointment is changed, would normally be occasioned by:

  1. efforts to implement a Senate-approved decision establishing particular academic priorities or emphases among programmes/units or within programmes/units;
  2. significant and long-term changes in enrolment patterns which create serious imbalances in teaching loads of a kind which could be alleviated by transfers.

Compulsory permanent redeployment will only occur after the Employer has considered other alternatives, including temporary transfer, and determined that they were not appropriate.

18.33

Permanent transfers shall be effected by the President or designate, only after consultation among the Dean(s) concerned, the Chairperson(s) concerned, and the employee. The President or designate shall confirm a decision to transfer to the employee in writing at least seven (7) months prior to the date on which the transfer is to become effective.

The written notice of the decision shall indicate:

  1. the reasons requiring the permanent transfer from the one unit to the other;
  2. the reasons for the selection of the particular employee for permanent transfer;
  3. the reasons that other solutions, including short-term transfer, were not considered appropriate.

The selection of a particular employee shall not be done in an unreasonable manner.

18.34

Sixty (60) days prior to the conveying of notice of permanent transfer to the employee, the President or designate shall inform the Joint Committee on the Administration of the Agreement of his/her intention to make a permanent transfer between the units in question, and shall provide documentation setting forth the need for or advisability of the transfer. A copy of this letter shall be sent to the departments/Faculties involved.

18.35

Employees who are transferred will retain tenure, rank, seniority, salary, and years of service toward sabbatical leave and pension, and all similar entitlements.

18.36

No employee shall be compulsorily transferred during his/her probationary period.

Working Environment

18.37

The Employer recognizes its responsibility to provide an adequate level of facilities and services in support of the work of employees, including provision of reasonable office, studio, and laboratory space, telephone, secretarial, library, computing, duplicating, technical, and other support services.

The Employer recognizes a responsibility to provide sufficient facilities, supplies, and services to protect the health and safety of employees as they carry out their duties on University premises.

The Employer agrees to adhere to health and safety standards as embodied in current government legislation.

Employees who have reason to believe that a work situation is likely to endanger them have the right to refuse unsafe work pursuant to and in accordance with the provisions of the Occupational Health and Safety Act.

The parties agree that the Employer shall provide, and employees shall make use of, protective equipment wherever the same is required for the safe and efficient performance of employees’ duties. The parties agree to carry on continuing educational programmes on safety and security procedures for employees. The Employer agrees that YUFA shall be represented on any University-wide safety committee involving bargaining unit representatives.

The Association shall be entitled to name one (1) member to the University’s Computer Services Committee (Advisory to the Vice-President Academic).

Office Space for Sabbaticants

18.38

All reasonable efforts will be made to accommodate employees proceeding on sabbatical leave, who have given advance notice of this need, for office space on-site during that sabbatical. Should the employee's normal on-site office not be available, replacement office space shall be provided but may be on a shared basis.

Fines and Charges

18.39

The Employer agrees to impose no fines other than for the violation of library borrowing regulations and parking regulations. The Employer agrees that the Association shall be represented on the Presidential Advisory Committee which recommends the level of fines for violation of parking regulations. The Employer agrees that no levies shall be made against the salaries of employees during the life of this Agreement without the consent of the Association.

Parking for Physically Challenged

18.40

The Employer shall provide parking locations which are satisfactorily proximate to the offices of faculty/librarians who are physically challenged.

Accommodation for Persons with Disabilities

18.41

  1. The parties acknowledge their duty to accommodate persons with disabilities in the manner and to the extent required by the Ontario Human Rights Code. The parties agree that this means accommodating disabled employees to the point of undue hardship if such accommodation will enable the employee to perform the essential duties of his/her position. An employee with whom an accommodation is being discussed shall be informed of his or her option to have a union representative present during any such discussions.
  2. The parties recognize that the work of the Task Force on Accommodation referenced in Appendix S of the 2003-2006 Collective Agreement has resulted in the document titled, “Employee Accommodation Process”, which was reviewed at JCOAA.
  3. Any changes to the process included in that document shall be brought to JCOAA for consultation prior to the implementation of the changes.
  4. Such changes can be proposed by either party.
  5. The parties to this Agreement recognize their joint responsibilities to effect accommodation in the workplace.
  6. The Employee Accommodation Protocol will be posted on the York University website within thirty (30) days of ratification of this Agreement.

Teaching Assistance

18.42

A Course Directorship shall at a minimum be assigned assistance to reflect course enrolments above fifty (50) as follows:

  1. The assistance assigned shall be at least in the form of marker/grader assistance.
  2. The assistance shall be at least at the rate of fifteen (15) hours for each block of five (5) students, or portion thereof, exceeding fifty (50).
  3. Assistance shall be provided from the commencement of the course where the projected enrolment exceeds fifty (50), but the assistance may be modified so as to reflect the actual enrolment as of the first official enrolment reporting date in each session.
  4. Where the projected enrolment is fifty (50) or less but actual enrolments as of the first official enrolment reporting date in each session exceeds fifty (50), assistance shall be provided as per (a) and (b).
  5. Units may consider forms of teaching assistance to reflect course enrolments above fifty (50) in addition to or in lieu of marker/grader assistance, including, for example, tutorial support or consideration of large lecture courses in determining “normal teaching load” in the context of Article 18.08.1.