August 17, 2000
As we pointed out in Negotiating News #13, there has been no response from the administration to MUNFA's proposals on core contract issues of salary, early retirement, pension plan reform, and the collegial appointment of academic administrators. There has been some progress over the last 10 months in the negotiation of contract language changes in the Collective Agreement. This has taken 60 negotiating sessions. Resolution of those remaining differences which have financial implications will require the tabling of the administration's financial proposals. Other areas of disagreement reflect fundamental differences in attitude toward collegial rights and appropriate working conditions, and MUNFA members should be aware of these issues as conciliation commences.
The following list summarizes many of the remaining contract language differences between MUNFA and administration positions on each article of the Collective Agreement. Members who are interested in the details of particular articles are encouraged to contact the MUNFA Office for the latest MUNFA and MUN proposals.
Article 1: Framework and Implementation -- This article addresses a range of basic matters, most significantly such items as conflict of interest, personal files, and the rights of the administration and the union. MUNFA and the administration agreed early in negotiations that this article should be set aside; most outstanding differences should be readily negotiated once the remainder of the Collective Agreement is resolved.
Article 2: Academic Freedom and Non-Discrimination -- MUNFA has proposed additions setting out the administration's legal obligation to accommodate (through adjustment of duties) faculty and librarians with disabilities, and providing for the election and fair operation of the Research Ethics Boards established under the Tri-Council Guidelines. The administration has repeatedly returned our proposals with these items crossed out, and has made no effort to negotiate a common position on either of these issues.
Article 3: Faculty Workload -- Numerous issues separate MUNFA from the administration, including teaching norms, the definition of scholarly activity, course equivalencies, teaching remission for above-norm scholarly activity, the assignment of distance education, and marker support.
Article 4: Librarian Workload -- Outstanding issues include work overload, special assignments, and professional development.
Article 5: Reduction in Duties and Responsibilities -- Agreed and signed off.
Article 6: Research Appointments -- Agreed and signed off.
Article 7: Appointment of Faculty Members -- The primary outstanding issue is the question of collegial processes in the initiation and definition of appointments. MUNFA has proposed a process of "formal approval" entailing a vote of the members of the academic unit, with adequate notice. The administration rejects this concept.
Article 8: Procedures for Forming Promotion and Tenure Committees for Faculty Members -- The primary outstanding issue concerns the process for establishing these committees at Sir Wilfred Grenfell College.
Article 9: Assessment Files for Faculty Members -- Outstanding issues concern the role of academic administrators, and letters of reference in the assessment process.
Article 10: Procedures for Promotion and Tenure for Faculty Members -- The administration proposes that Lecturers would in general not be eligible for tenure, and that for most new hires without doctorates, time as a Lecturer would not count towards tenure.
Article 11: Probationary Appointment and Tenure for Faculty Members -- The differences are similar to those in Article 10.
Article 12: Procedures and Criteria for Promotion of Faculty Members -- A number of issues concerning procedures and criteria are outstanding.
Article 13: Appointment of Librarians -- The primary outstanding issues concern collegial processes and formal approval (see Article 7, above).
Article 14: Procedures for Forming Promotion and Tenure Committees for Librarians -- Agreed and signed off.
Article 15: Assessment File for Librarians -- One issue is outstanding, concerning the obligation of an administrator to notify a librarian of his or her right to respond to material inserted in the Promotion and Tenure file.
Article 16: Procedures for Promotion and Tenure Committees for Librarians -- Outstanding issues relate to calculation of years in rank for promotion, and the transmission of files.
Article 17: Probationary Appointment and Tenure for Librarians -- A number of issues are outstanding, including the counting of previous MUN experience towards tenure, criteria for tenure, procedures for early tenure, and the role of professional development activities.
Article 18: Procedures and Criteria for Promotion of Librarians -- Outstanding issues include the relation between length of service and promotion, definition of scholarship, treatment of professional development.
Article 19: Disciplinary Measures -- The outstanding issue concerns the administration's proposal of language limiting the right to invoke medical disability as a defence against discipline. The section on gross misconduct in academic research has been agreed and signed off.
Article 20: Complaints, Grievance and Arbitration -- An outstanding issue is the administration's desire to remove three current members of the arbitration panel.
Article 21: Outside Professional Activities -- The administration wishes to impose a "guideline" restricting the amount of time spent on outside professional activities, even when such activities do not interfere with university work.
Article 22: Leaves -- Numerous differences remain concerning holidays, vacation carryover, sabbaticals, maternity and paternity leave, compassionate leave, and long term disability.
Article 23: Term Appointments -- Outstanding issues include remuneration, working conditions, and membership in the bargaining unit. The administration also refuses to consider MUNFA's proposals incorporating shared and adjunct appointments.
Article 24: Counselling Faculty Members -- Agreed and signed off.
Article 25: Resignation, Retirement, Transfer and Layoff -- The outstanding issues include moving expenses in the event of transfers, the definition of core functions which would be protected in the event of financial exigency, and limits on the administration's ability to declare academic program redundancies.
Article 26: Miscellaneous Working Conditions -- There are many outstanding issues prominent among which are the administration's unwillingness to give advance notice of hazardous, work to mitigate perceived dangers from such work, or even to have a contractual obligation to test for asbestos; its unwillingness to commit to the provision of private offices or the maintenance, cleaning and heating of offices; its unwillingness to commit to academic staff members' right to privacy; its unwillingness to increase the travel fund; and its desire to have no contractual limits whatsoever on its ability to raise parking fees.
Article 27: Patents and Copyrights -- The main outstanding issues concern copyrights and royalties for university-commissioned work.
Article 28: Academic Staff Members with Delegated Administrative Responsibilities -- The outstanding issues are a reference to Article 31 (see below) and the introduction of formal approval for the appointment of programme chairs at Grenfell.
Article 29: Employment Equity -- Major differences include the roles of the Joint Equity Committee and the Employment Equity Officer, and whether the position of Equity Officer should be full time.
Article 30: Salaries and Benefits -- The administration has not responded to MUNFA's salary, early retirement, and pension proposals.
Article 31 -- The current Collective Agreement has thirty articles. MUNFA has proposed that a modified version of the old Policies and Procedures Governing the Appointment, Review, Promotion and Tenure of Academic Administrators be incorporated as Article 31 in the new Collective Agreement. The administration has stated that it does not want to discuss this matter.
MUNFA Negotiating Committee:
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