A Summary of the Proposed Collective Agreement Between the Brock Faculty Association and Brock University

July 17, 2008

Proposed Collective Agreement (2008-2011)

A Summary of the Proposed Collective Agreement Between the Brock Faculty Association and Brock University

Written and Presented By: Carol Sales, Chief Negotiator on behalf of
Miriam Richards, Deputy Chief Negotiator, and team members: Kimberly Benoit, Don Dworet, Peggy Hutchison, Derek Knight, Linda Rose-Krasnor, Doug Suarez.

Please Note: If ratified, the new Agreement would be retroactive to July 1, 2008

HIGHLIGHTS OF THE TENTATIVE (THREE YEAR) AGREEMENT:

·        Phase-in Retirement Plan (Article 22A): The introduction of a three year phase-in Retirement Plan for full-time faculty and librarian members. Eligibility: 1. The member must 60 to 67 years old inclusive, and 2. must have at least 10 full years of service at Brock University and must declare intent to participate at least 12 months in advance; eligible members may apply in the first 60 days after the ratification of the Collective Agreement for a July 1, 2009 start to their phased retirement.

Participants’ responsibilities over this three year period shall be between 150% and 200% of a full-time annual workload, with a minimum workload of 25% and a maximum workload of 75% in any one of the three (3) years and will continue the full range of their normal duties (teaching, research/scholarly/creative activity, and service) as agreed with the Dean.  In the case of professional librarian members  workload shall consist exclusively of professional practice during the phase-in period of three years. At the end of the three year phase-in period, the participants must retire.  Once agreed to, the phase-in plan their retirement shall be irrevocable except under special circumstances.

(One example of possible workload for each of three years: Year One: 75% of normal workload; Year 2: 50%; and Year 3: 25%.)

A participant’s actual salary (as opposed to nominal salary i.e., the salary if the member was not in phase-in retirement) during the three-year phased retirement period will be a pro-rated proportion of his/her nominal salary, concomitant with the reduced workload in each year. If a participant is a member of the Brock University Pension Plan (BUPP), he/she has the option to contribute to the BUPP based on their nominal salary or actual salary. The corresponding contribution made by the University, in accordance with the BUPP, will also be based on the option elected by the member. Sick leave, extended short-term sick leave, and long-term disability will be paid on the basis of the participant’s actual salary in the phased retirement 3 year period. All other benefits (including Professional Development Reimbursement) will continue as though the participant has a full-time workload and will be based on their nominal salary in each year of the Phased Retirement program.   

                 Participants shall receive a Phased Retirement Supplement equal to 75% of the previous year’s nominal salary. The supplement may be paid in one, two, or three installments, understanding that the amount paid before retirement must be reported as T4 income. The portion of the supplement the participant elects to receive must not exceed the member’s nominal salary for that year when combined with actual salary for the year.

·        Scheduled and Unscheduled Teaching and Workload (Article 24): The introduction of a department-centred planning process (a new Equitable Departmental Workload System) aimed at achieving equitable workloads (teaching, research, and service and not just teaching) within departments – a one-size-does-not-fit-all answer to the unscheduled teaching issue across Faculties. Teaching redefined in the Agreement for the first time as scheduled (graduate and undergraduate) and unscheduled teaching (supervision of graduate and undergraduate research theses and projects, etc.) “Tools” of the new system are: Normal Departmental Workload Distribution Standards (NDWS) and Annual Departmental Workload Plans (ADWP), both created by each department and approved the Dean. The intent of the new system is to change the process whereby equitable workload, including teaching workload, is determined and assigned. The University and BUFA have not agreed to increase or decrease workload, including workload as existed prior to these revisions being made, nor have the Parties agreed to allow any past practice inconsistent with the terms of the current or previous (2006-2008) Collective Agreements to continue. 

The JCAA will appoint a joint committee to establish procedures and timelines for the implementation of the NDWS and ADWP by August 31, 2008 as a guidelines for department and chairs in creating their NDWS and ADWP.    

·        Annual Performance Review (Article 35): The abolishment of the satisfactory/unsatisfactory dichotomy.

·        Tenure and Promotion Process (Article 21): 1. The abolishment of the decanal balloting system for P&T; 2. The abolishment of the term “Problematic Hearing” in connection with the P&T process now called: “Information Hearing;” 3. A new system of “absentee balloting” for departmental P&T decisions (necessitated by the abolishment of the decanal balloting system); 4. The requirement for the members of the University P&T Committee, prior to the consideration of candidates’ dossiers, to meet and discuss the criteria and evidence upon which tenure and promotion decisions are made, according to Article 21 and the diverse forms of scholarship that exist across the University; 5. A blended approach to criteria for P&T re: teaching, research and service which moved the special criteria out from under separate Faculty headings to make them available to all faculty members in all Faculties; 6. One confidential external letter for tenure applicants (not 3 as the University originally proposed) but only for those faculty hired on or after July 1, 2008 (= grandparenting); 7. If a faculty member chooses to apply for tenure earlier that the normal timeframes (Article 21.06 a), the member shall be subject to the same procedures, criteria, and expectations for evidence as an application made at the normal time; 8. Candidates for promotion to the rank of Professor shall normally have completed at least 6 years of service at the rank of Associate Professor, including 2 full years at the rank of Associate Professor at Brock University; and 9.  (Article 34) A member who is on an approved sick leave of 105 days or longer may elect to have academic appointment decisions related to his or her tenure or permanency delayed by one (1) year for each leave.

·        For professional Librarian members (Article 34): 1. A new proportionate distribution of time system which allows professional librarian members to choose annually any one of three distribution of time plans i.e., 100% professional practice; or 90% professional practice with 10% scholarly activity and/or service to the Union, the profession and the community or 80% professional practice (Article 25); and 2. Compensation for working on a holiday increases from 1.5 lieu days to 2 lieu days.

·        Moving allowance (Article 19): 1. For probationary track appointments increases from up to $3000 plus 50% of any overall additional expenses to an overall maximum reimbursement of $5000 to up to $5000 plus 50% of any overall expenses up to a maximum of $7500; and 2. For limited term appointments: increases from up to $1000 plus 50% of any overall additional expenses to an overall maximum reimbursement of $2000 (Article 19) to $2000 plus 50% of any overall additional expenses to a maximum of $3000.

·        Parental Leave (Article 34): A member on pregnancy/adoption leave may take a further 18 weeks (up from 13 weeks in the 2006-2008 Agreement) of paid parental leave (95% of full salary less E.I. parental leave benefits).

·        Employment Equity (Article 19): 1. The University and the Union shall each identify an appropriately qualified Employment Equity Advisor who will provide expert advise to the University, the Union, the JCEE, and Departments on employment equity issues including advice on methods for increasing the diversity of the applicant pool for positions covered by the Agreement, and 2. New system for approval from JCEE.

·        No Discrimination (Article 7): “Gender identity” has been added to the list of prohibited grounds.

·        Respectful Work and Learning Environment Policy (RWLEP) (Article 8): 1. The RWLEP continues to form the backbone of Article 8. The RWLEP from now forward will be available online (www.brocku.ca/secretariat); 2. The terms of the RWLEP shall not be amended nor shall the Policy be replaced without the prior agreement of the Union; 3. When a Union member is the respondent to a complaint filed under the RWLEP, the investigation committee shall be comprised of a majority of Union members; 4. The University will consult with the Union prior to finalizing the appointment of any Union members to the pool of internal investigators under the RWLEP and 5. Administrative Note: The University agrees that, as part of the upcoming review of the RWLEP (scheduled for July 2008) selection criteria for appointments to the pool of internal investigators under the RWLEP will be established.

·        For ILTAs (Article 19): 1.The end of 10 month ILTA contracts i.e., only 6 month and 12 month contracts permitted; and 2. Percentage of ILTA appointments up from 5% to 7% (=the possibility approximately 11 new appointments) .

·        Process for Hiring a New President (Article 3A): A second attempt by BUFA to increase the transparency in the process of the hiring of a new University President.

·        Health and Safety (Article 31): 1. Joint approval on the sourcing of trainers for H&S officers; and 2. A letter of understanding which states that the University commits to developing a policy that will address, among other things, safety in field research. Policy to be presented to the JCAA by December 31, 2008.

·        Facilities (Article 32): 1. The University shall make every effort to ensure that shared lab space is allocated prudently with respect to the compatibility of research needs of the members working in shared spaces.

·        Computers for Faculty (Article 32): The University agrees to provide one of the following, as the member chooses, every 4 years: 1. A standard computing system through the redeployment of University computers; or 2. A maximum of $700 toward the purchase of a computer system of the member’s choosing. Any additional amount required for the purchase will come from other sources already available to the member. The Dean is responsible for

·        Offiice Space While on Sabbatical (Article 34): The University will make reasonable efforts to accommodate members’ requests for retaining the use of adequate and appropriate office space during the leave, provided such is required for the member to fulfill his/her obligations as approved in the academic leave plan. Research facilities may be retained with the agreement of the Dean or University Librarian.

·        Complaints, Grievances and Arbitration (Article 10): A change in the number of days at the various stages of the complaint i.e., from 20 days to 15 days for the commencement of informal discussion stage, from 10 working days to 15 working days in the minimum number of days for the informal resolution stage, and from 30 days to15 working days for the matter to become grievable if not resolved.

·        Annual Report and Teaching Evaluations (Article 12): 1. When reporting on teaching, faculty members shall provide information about their teaching to their Dean during the evaluation period by means of student evaluations and, if desired by the member, additional information as described in Article 21.11(a). No single measure provides complete information about teaching quality and effectiveness. When assessing teaching quality and effectiveness, Deans shall ensure that all evidence provided by the member is evaluated in the full context of available information; 2. The Parties agree that student course evaluations are not public documents and are the property of the instructor. The results of student course evaluations shall be made available by members to their Deans during the Annual Review process and other processes as provided for in this Agreement as a source of information about teaching quality and effectiveness; and 3. The University and BUFA agree to review together during the life of this Agreement, under the auspices of the JCAA (Joint Committee on the Administration of the Agreement) the validity, interpretation, and use of student evaluations of teaching in assessing the quality and effectiveness of teaching.

·        Clarification of Legal Liability (Article 47).

·        Rights and Responsibilities of Faculty Members (Article 12): Many improvements in existing language i.e, re: respectful dealings with students and colleagues, colleagues objectively assessing the performance of their colleagues when this is required, avoiding discrimination, observing appropriate principles of confidentiality; and not infringing upon their colleagues' academic freedom. 

·        Accommodations of Persons With Disabilities (Article 15): 1. The terms of the Brock University Policy on Accommodation of Persons with Disabilities in Employment Opportunities shall not be amended nor shall the Policy be replaced without the prior agreement of the Union; and 2. A copy of the Brock University Policy on Accommodation of Persons with Disabilities in Employment Opportunities, including any amendments agreed to by the Parties, will be made available on the University Secretariat’s website (www.brocku.ca/secretariat).

·        No Strike Or Lockouts (Article 42): 1. Members have the right to decline to perform the duties of other University employees during any legal strike by, or lock-out of, those employees; 2. No member shall be disciplined on the basis of his or her decision not to cross a legal picket line, or on the basis of any consequences of that decision; 3. The University and BUFA agree that, in the event of a legal strike or lockout, the following rights shall continue to be observed until a new Collective Agreement has been reached, despite the expiry of the rest of this Collective Agreement: In the event that a legal strike or lockout puts a member’s research at risk of irreparable damage, the University shall facilitate access to specific research facilities by the member or a mutually acceptable designate in order to minimize any such risk. Irreparable damage includes but is not limited to physical harm to animal specimens, loss of live or decomposable materials, missing the occurrence of an infrequent event, and damage to sensitive equipment; and 4. Members will continue to receive pregnancy/adoption and parental leave benefits.

·        Major clarification in language and improvements in overall readability throughout the Agreement.

Appendix E: Salaries and Benefits

·        Across the board salary (scale) increases of 3.50% in each of three years (July 1, 2008, 2009, 2010) to be applied as 2.5% of individual salaries + a dollar amount of eh mean salary from the previous academic year. For July 1, 2008, this will result in a 2.5% + $1016 (i.e., 1% of $101, 575) increase for eligible members.

·        Catch-up – 0.85% to be paid as dollar amounts , calculated using the previous year’s mean salary. For July 1, 2008, this will result in an increase of $864 for eligible members.

·        PTR – 2.40% to be paid as dollar amounts, calculated using the previous year’s mean salary for all faculty members. For July 1, 2008, this will result in a PTR increase of $2438

·        PTR Caps: The University and BUFA Parties agreed to a new committee to be struck by JCAA to study and report on the issue of PTR caps and how these caps might be implemented. The Committee will review and report on issues including grandparenting, phase-in time, nature of caps, etc. The Committee will report to JCAA by December 31, 2009.

Note: the University first sought to devise and implement a PTR cap system asap. Next, the University sought to have the BUFA Team agree to a committee as above and if that failed to resolve the issue in a timely manner to seek mediation to resolve the issue and on to arbitration if needed. Team BUFA was not in favour of salary caps.

·        Salary Floors: Increased by scale and catch-up percentages.

·        Professional Development Reimbursement (PDR): $1500 as of July 1, 2008; $1600 as of July 1, 2009; and $1700 as of July 1, 2010.

·        Overload Stipends: Increased as follows: July 1, 2008 - $5600; July 1, 2009 - $5800; and July 1, 2009 - $6000.

·        Chair Stipends: Increased to $4500 – July 1, 2008; $4650 – July 1, 2009; and $4800 – July 1, 2010.

·        Anomalies Fund: .08% (no change from the 2006-2008 Agreement)

Benefits:

·        Vision: Current benefit entitlement except an added benefit to allow dependants age 16 or under $375/year.

·        Orthotics: New benefit is $500 overall maximum per year (changed from $225/pair, two pair per year).

·        Paramedical: Coverage under psychological benefits to include Master’s of Social Work.

·        Dental: Current Major Restorative Benefit changed as follows:                1. include dental implants and dental surgery; and 2. Increase annual maximum from $1500 to $2000.

·        Mileage: Improve mileage rate from 39.5 cents per kilometer to 44 cents per kilometer effective January 1, 2009.

·        Tuition Waiver: Current policy extended to include graduate programs excepting those classified as cost recovery programs by the Ontario Council on Graduate Studies. Increased age to include children under age 26 (up from under 25).

·        Retiree Benefits: (Health Care Spending Account): Increased benefit as follows: January 1, 2009 - $2050; January 1, 2010 - $2100; and January 1, 2011 - $2150