July 25, 2003 - August 31, 2005
FRAMEWORK AND IMPLEMENTATION
1.01 The Parties recognize that the main purposes of the University are: the pursuit of truth and the advancement of knowledge; the development and maintenance of the highest standards of academic excellence in teaching and research; and the dissemination and application of knowledge.
1.02 The objectives of this Collective Agreement are to promote and maintain well-defined and harmonious relationships between the Parties by adhering to principles which are consistent with the overall purposes of the University, and to provide fair means acceptable to the Parties for settling differences which may arise between them from time to time.
1.03 For the purposes of this Collective Agreement:
aa. "Tenure-track" shall mean an appointment with a probationary period leading to a consideration for the granting of tenure in accordance with the procedures for this purpose in this Collective Agreement.
bb. "University" shall mean the Memorial University of Newfoundland as defined in the Act.
cc. "University Librarian" shall mean the University officer responsible for the administration of the University Library.
dd. When a word in the singular number or either gender is used in this Collective Agreement, it shall be construed as if the plural number or the other gender has been used and vice-versa where the context requires.
RECOGNITION OF THE FACULTY ASSOCIATION
1.04 The University recognizes the Association as the exclusive bargaining agent for all ASMs included in the bargaining unit as defined by the Certification Order issued on March 24, 1988, by the Newfoundland Labour Relations Board and as amended October 1, 2002 attached as Appendix A.1 and A.2, as may be amended, or as modified by this Collective Agreement.
1.05 The Bargaining Unit as set out in the Certification Order is altered in the following ways:
1.06 No person shall be required to join the Association as a condition of employment.
DEDUCTION OF ASSOCIATION DUES
1.07 The University agrees to deduct on a biweekly basis the dues or assessments of the Association from the salary of each ASM.
1.08 The Association shall advise the Director of Faculty Relations in writing of the amount or rate of its biweekly dues or assessments. The University shall remit to the Association the amounts deducted within one (1) week following each biweekly pay day.
APPOINTMENT, PROMOTION, TENURE AND ENTRY OF EXCLUDED ASMs
1.09 An ASM who is excluded from the bargaining unit as described under Clause 1.04, by virtue of holding an administrative appointment and who would otherwise fall within the scope of the bargaining unit shall, at the termination of that appointment, automatically become a member of the bargaining unit with all the rights and privileges attendant thereto as if he or she had been a member continuously throughout the duration of such an appointment.
1.10 The appointment, review, promotion and tenure of persons to or in excluded positions shall be in accordance with Memorial University of Newfoundland Policies and Procedures Governing the Appointment, Review, Promotion and Tenure of Academic Administrators in effect October 26, 2000.
1.11 The Association recognizes that all rights, powers and authority which are not specifically abridged, delegated, or modified by this Collective Agreement are vested in the University. The University shall exercise such rights, powers and authority in a fair, equitable and reasonable manner.
COLLEGIAL RIGHTS OF MEMBERS
1.12 The University recognizes the right, privilege, and responsibility of ASMs to participate in collegial processes of the University as set out in Senate regulations, guidelines, policies and decisions, and as specified by this Collective Agreement.
1.13 When the Promotion and Tenure Committee is late when making recommendations to the Administrative Head, the time deadlines specified in this Collective Agreement for the actions of the Administrative Head and all other academic administrators shall be extended for this case by the amount of time by which the committee's recommendations were late. If such an extension exceeds ten (10) days, the Joint Association/University Relations Committee shall meet to agree upon revised appropriate procedures and a schedule.
OFFICE SPACE AND UNIVERSITY SERVICES FOR THE ASSOCIATION
1.14 The University shall continue to provide the Association with its present space or equivalent University space at no cost to the Association.
1.15 The University shall provide the Association, without charge, with office space at the Sir Wilfred Grenfell College.
1.16 Use of specified University facilities shall be available to the Association for Association business; mail and telephone shall be provided on a cost recovery basis; duplicating, computing services, meeting rooms, and other services or facilities on each campus shall be on the same basis and charged at the same rates as are applicable to Academic Departments. The internal mail service shall be provided to the Association on the same basis as it is provided to Academic Departments.
RELEASE TIME FOR, AND RECOGNITION OF, ASSOCIATION SERVICE
1.17 Up to two (2) officials of the Association, upon request by the Association, shall each receive a reduction of one half in his or her annual assigned teaching load or, with his or her consent, an equivalent reduction in non-teaching duties. The Association shall inform the Vice-President (Academic) of the names of these individuals at least three (3) months before the date on which the reduction of duties will begin.
1.18 The Association may purchase release time for additional officers at the per course stipend subject to the exigencies of the University. The request to purchase shall be submitted to the Vice-President (Academic) at least three (3) months before the date on which the release time is to begin.
1.19 Members of the Association Negotiating Committee, provided it is kept to a reasonable number, shall be granted time off without loss of pay for the time they are involved in actual negotiating sessions. Each individual on the Committee shall notify his or her Administrative Head of the arrangements made or the need for the Administrative Head to make suitable arrangements.
1.20 An ASM's service to the Association shall be deemed academic service as set out in the appropriate articles in this Collective Agreement.
JOINT ASSOCIATION/UNIVERSITY RELATIONS COMMITTEE
1.21 There shall be a Joint Association/University Relations Committee consisting of not more than three (3) representatives of the Association and three (3) representatives of the University.
1.22 The Association's representatives shall be members of the bargaining unit appointed by the Association, and the University's representatives shall be appointed by the President from within the University. No lawyer shall serve on this Committee except by mutual consent of the Parties.
1.23 The Committee shall have Co-Chairpersons appointed by the respective Parties. Each Co-Chairperson will alternately be responsible for convening and chairing meetings of the Committee.
1.24 The Committee shall meet whenever the need arises, but in any event, at least every two (2) months.
1.25 The purpose of the Committee is to review matters of mutual interest arising from the application of this Collective Agreement and to foster communications and co-operation between the Parties, but the Committee shall not have the power to deal with any matters which are properly the subject of a grievance or negotiation.
1.26 A similar Committee composed of two (2) representatives each of the University and the Association shall be set up at the Sir Wilfred Grenfell College.
PENSIONS AND BENEFITS COMMITTEES
1.27 The Association shall name persons to fill at least 33 1/3 percent of the positions on the University Pensions Committee and the Employee Benefits Committee.
ASSISTANCE FOR THE ASSOCIATION
1.28 The Association shall have the right at any time to call on the assistance of representatives of the CAUT or any other counsel it deems advisable. Such representatives or counsel shall have normal access to the University premises to consult ASMs.
CORRESPONDENCE AND INFORMATION
1.29 Except for correspondence relating to grievance matters, all correspondence between the Association and the University arising out of this Collective Agreement or incidental thereto shall pass between the President of the Association and the President of the University, with correspondence originating with the Association being copied to the Vice-President (Academic) of the University.
1.30 The University shall provide the Association with the following:
COPIES OF THE COLLECTIVE AGREEMENT
1.31 The University shall provide for the printing of this Collective Agreement and shall pay all costs associated with:
1.32 The University shall supply the Association with additional copies as the Association requires them, with the Association reimbursing the University for marginal costs incurred in printing the extra copies.
1.33 The University shall supply the Association with a computer disk containing the complete text of this Collective Agreement.
1.34 The Association shall arrange for copyright clearance and pay all costs associated with copyright for the "CAUT Teaching Dossier" which appears as Appendix B of this Collective Agreement.
TRANSITION TO THE COLLECTIVE AGREEMENT
1.35 All evaluations for the renewal of tenure-track appointments and the granting of tenure or promotion in process on the date that this Collective Agreement comes into force, shall be continued and concluded according to the procedures, practices and criteria prevailing before that date. Any grievance arising out of such evaluations shall be dealt with in accordance with the appropriate Clauses of the Collective Agreement signed January 25, 2001.
1.36 If a vacancy for a position covered by this Collective Agreement has been advertised as of the date the Collective Agreement comes into force, the appointment procedures and practices prevailing before that date shall be followed until the position is filled or re-advertised. Otherwise the procedures specified in this Collective Agreement shall apply.
1.37 Benefits and entitlements of ASMs which accrue or are carried forward from year to year under the Collective Agreement signed January 25, 2001, and which remain outstanding on the date that this Collective Agreement comes into force, shall be carried forward under this Collective Agreement.
1.38 Any grievance filed before the date that this Collective Agreement comes into force shall continue to be processed under the provisions of the Collective Agreement signed January 25, 2001.
DURATION OF COLLECTIVE AGREEMENT
1.39 This Collective Agreement shall remain in effect from the date of signing until such time as a new Collective Agreement is signed or until there is a strike or lockout, whichever comes first. Either Party may give notice in writing, not more than ninety (90) days and not less than thirty (30) days before August 31, 2005 or not more than ninety (90) days and not less than thirty (30) days before August 31 of each subsequent year, if notice was not given by either Party in the previous year, of its desire to commence collective bargaining with a view to the renewal or revision of this Collective Agreement or the conclusion of a new Collective Agreement.
1.40 Within twenty-one (21) days of receipt of the notice to bargain, the Parties shall notify each other in writing of the names of their Negotiating Committee members and shall begin negotiations for a new Collective Agreement.
NO STRIKE OR LOCKOUT
1.41 In accordance with the provisions of The Labour Relations Act, c. L-1, R.S.N. 1990, as amended, while this Collective Agreement is in force:
CONFLICT OF INTEREST
1.42 Peer assessment, review, and other processes concerning appointment, re-appointment, dismissal, salary, rank, promotion, tenure, sabbatical or other leaves, pensions or fringe benefits shall be performed in a non-discriminatory manner as set out in Article 2. No person shall participate in the processes leading to the decisions listed above affecting his or her own position or that of an individual with whom in the opinion of the Parties that person has or has previously had a marital, familial, sexual or on-going significant financial relationship.
1.43 The parties recognize that an ASM may not be aware that a conflict of interest exists until after the work of a committee begins (for example, when the names of applicants are made known to the committee). Nevertheless, the ASM shall inform the Administrative Head at the earliest convenient time when a potential conflict is discovered.
1.44 In this Article the word "file" means the official personal file.
1.45 The file, which shall be the file of record, shall be maintained by and located in the Department of Human Resources.
1.46 The file of an ASM at Grenfell College shall be made available to him or her in the Office of the Principal no later than the second day following his or her request to view the file.
1.47 Material not in an ASM's file shall not be used in any evaluative or disciplinary procedure, or otherwise to the disadvantage of the ASM.
CONTENTS OF THE FILE
1.48 The file shall include but not be limited to the following items:
1.49 No anonymous correspondence or other material shall be placed in the file except for documents recording salary, rank changes, leaves, and similar matters, and student evaluations when submitted by candidates for tenure or promotion as part of their assessment file.
1.50 Confidential material kept in an ASM's file shall be limited to signed letters of reference and assessments transmitted in confidence to the Administrative Head or a Committee, solicited in relation to appointment, promotion or tenure. The ASM shall be informed that such letters are being sought unless the letters are those described in Clauses 12.10 - 12.15.
1.51 An ASM shall receive an inventory of the confidential materials in his or her file upon written request to the Director of Human Resources, such an inventory to include the date and topic of the confidential material.
1.52 Only the ASM, his or her Administrative Head, the Dean or Principal to whom the Head reports, the Vice-President (Academic), or the President may authorize the placing of documents in the file, except for documents recording salary and rank changes, leaves, and similar matters. An ASM may challenge the inclusion of any document in the file. An ASM has the right to include in the file rebuttal or written comments on the accuracy or meaning of any document in his or her file; and to add to the file any documents that he or she considers relevant, except that ASMs shall not file copies of books, articles or other similar materials, but may include a list of such materials. Material for inclusion in the file shall be sent by the ASM to the Administrative Head who shall ensure that it is placed in the file.
1.53 When an addition is made to the file, it shall be copied to the ASM with the following exceptions:
Material shall not be placed in the file later than four (4) months after its original production.
1.54 The official documents constituting the file shall be the paper originals or, in the event the original document is received in facsimile or electronic form, an accurate paper copy.
1.55 For the purposes of this Article, the documents in the file can be divided into four (4) classes:
1.56 Access to the electronic data base copy of the file shall be by means of terminals physically located only in the Department of Human Resources and the Division of Labour Relations, or by means of copies printed in those units.
1.57 An inventory of documents in classes (a), (c) and (d) shall be maintained. The inventory shall, except as noted below, show the date of correspondence and the topic. The inventory entries for documents in class (4) shall be coded to conceal the topic.
1.58 In normal circumstances, the ASM shall receive a copy of the inventory for his or her file within one (1) day of requesting it from the Director of Human Resources.
1.59 An ASM may view the contents of his or her file either by computer access to the electronic data base or in paper form as determined by the Department of Human Resources.
1.60 For legal proceedings including, but not limited to, arbitrations, presentation of the file or any part thereof shall be in paper copy or shall be the original, as required.
1.61 Material shall only be removed from the file in the following circumstances:
ACCESS TO THE FILE
1.62 An ASM, or his or her duly authorized representative, shall have the right to examine the contents of his or her file, except that confidential material solicited after January 1, 1989 shall be made available to the ASM upon request and with reasonable notice, and shall have the identifying letterhead and signature block removed. Confidential material solicited prior to January 1, 1989 shall be made available only after the identifying letterhead and any part of the material which may identify the author is removed. The ASM, or his or her duly authorized representative, shall be allowed to examine the ASM's file during normal working hours in the presence of the Director of Human Resources, or his or her designated representative, or the Principal, or his or her designated representative.
1.63 An ASM may, on written request, obtain a copy of any document to which he or she has a right of examination, on a cost recovery basis. For documents that have not been copied to the ASM, he or she shall be entitled to one (1) copy at no cost.
1.64 An ASM may at any time submit his or her curriculum vitae to the Administrative Head for inclusion in the file. It is the responsibility of the ASM to prepare and keep up to date his or her curriculum vitae.
1.65 Neither the file nor any of its contents shall be made available to any person or institution other than the ASM, his or her duly authorized representative, his or her Administrative Head, or other members of the University administration, except on the written request of the ASM or as a part of established assessment procedures and other proceedings as specified in this Collective Agreement. When information is released under law, the details of the release shall immediately be conveyed in writing to the ASM.
1.66 Any individual seeing the file, except for staff members in the Division of Labour Relations and the Department of Human Resources, shall sign a form included in the file to indicate that he or she has seen the file and the date.
1.67 Medical information concerning an ASM shall not be made available to any person except on a need-to-know basis.