Joint #18 Article 1

November 12, 2000
Joint #18
Article 1

FRAMEWORK AND IMPLEMENTATION

PREAMBLE

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.

DEFINITIONS

1.03 For the purposes of this Collective Agreement:

(a) “Academic Staff Member,” hereinafter referred to as “ASM,” shall mean an Academic Employee included in the bargaining unit as defined by the Certification Order issued on March 24, 1988, by the Newfoundland Labour Relations Board attached as Appendix A, as may be amended, or as modified by this Collective Agreement.

(b) “Academic Unit” shall mean an Academic Department, research unit, School, non-departmentalized Faculty, Grenfell College Division, the Fisheries and Marine Institute, the Counselling Centre, or the University Library, to which one or more ASMs have their primary or sole appointment. For Faculty Members at Sir Wilfred Grenfell College who are not members of a Division, the Academic Unit shall be the College.

(c) “Academic Year” runs from September 1 to August 31.

(d) “Act” shall mean An Act Respecting The Memorial University of Newfoundland, c. M-7, R.S.N. 1990, as amended.

(e) “Administrative Head” shall mean the head of an Academic Department, Grenfell College Division, or the Dean or Director of an Academic Unit. In the case of a joint appointment, this shall be the unit with primary responsibility as defined in Clause 23.18. For Counselling Faculty Members in St. John’s, the Administrative Head shall be the Director of Counselling. For Librarians, the Administrative Head shall be the University Librarian. For Faculty Members at the Fisheries and Marine Institute, the Administrative Head shall be the Associate Executive Director. For Faculty Members at Sir Wilfred Grenfell College who are not members of a Division, the Administrative Head shall be the Principal.

(f) “Association” shall mean the Memorial University of Newfoundland Faculty Association (MUNFA).

(g) “Basic Annual Salary” shall be the annual salary as determined in Article 30. It shall not include payment for extra duties nor stipends.

(h) “Board” shall mean the Board of Regents of the University.

(h#1)u “College Programme Unit” shall mean one of the groupings of which ASMs are members by virtue of being members of the discipline(s) indicated in Appendix xxxx as constituting a College Programme Unit. In addition, a College Programme Unit may include any other ASM in accordance with Clause 28.06#1x.

(h#1)x “Collegial Consultation” shall mean a process whereby ASMs meet collectively with their Administrative Head to discuss and vote on an issue. Notice of this meeting, stating its purpose, shall be distributed to all ASMs in the Academic Unit or appropriate unit indicated in a specific clause in this Collective Agreement, in advance of the meeting. The result of the vote, which shall be disseminated to all ASMs in the unit, is advisory only.

(j) “Counselling Faculty Member” shall be an ASM whose primary appointment and functions are in the Counselling Centre or in the case of the Sir Wilfred Grenfell College who is specifically appointed as a Counsellor and who also holds the rank of Lecturer, Assistant Professor, Associate Professor, or Professor.

(k) “Course” shall be a unit of academic instruction for credit or designated “foundation” normally taught for three or more hours a week over a thirteen-week semester, or an equivalent period for a session, preceded by registration and advising of students and followed by an examination period. Courses may be taught by various methods including, but not limited to, lectures, laboratories, correspondence, teleconferencing, and educational television.

(l) “Day” shall mean a weekday when the University is open for the transaction of administrative business, unless otherwise stipulated in this Collective Agreement.

1.03(l#1)x “Distance Education” shall mean the teaching of a course section when the instructor is not in the presence of the students. This definition notwithstanding, a course section in which the instructor and the students are on a single campus, interacting in real time through Telecommunications Technology, is not a Distance Education section and such a course section shall only be taught if the ASM has been offered Telecommunications Technology training at the University’s expense.

(m) “Faculty Member” shall be an ASM appointed to the rank of Lecturer, Assistant Professor, Assistant Professor (Research), Associate Professor, Associate Professor (Research), Professor or Professor (Research).

(o) “Grenfell College” or “the College” shall be the Sir Wilfred Grenfell College at Corner Brook.

1.03(o)#1u A course shall be considered to be a Laboratory Course if its delivery is determined by the Administrative Head in consultation with the ASM(s) delivering the course to require the ASM(s) to prepare, or to make major revisions to, the laboratory component of a course, or to grade the students’ laboratory work, or to be present in the laboratory.

(p) “Librarian” shall mean an ASM appointed to the rank of Librarian I, Librarian II, Librarian III, or Librarian IV.

(q) “Parties” shall mean parties to this Collective Agreement: the Memorial University of Newfoundland and the Memorial University of Newfoundland Faculty Association.

(r) “President” shall mean the President of the University or any University employee authorized to act on his or her behalf.

(s) “President of the Association” shall mean the President of MUNFA or any ASM or employee of MUNFA authorized to act on his or her behalf.

(s#1)x “Principal” shall mean the Principal of Sir Wilfred Grenfell College or any University employee authorized to act on his or her behalf.

(t) “Report” of a committee shall consist of the written recommendations of the majority of the members of the committee and any additional dissenting recommendations of other members of the committee, together with written statements of the reasons for each recommendation.

(u) “Shall” means that the action is mandatory.

(u#1)u “Telecommunications Technology” shall mean any mechanisms of real-time communication in which some of the participants are not in the physical presence of the others. Such communication mechanisms shall include, but not be limited to teleconferencing, video conferencing, the Internet, and any other forms of interactive audio or audio-video systems. Meetings using Telecommunications Technology shall be acceptable only when all members have all appropriate documentation and it is not feasible for the committee to meet in person within the time necessary to make a decision.

(u#1x) “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.

(v) “University” shall mean the Memorial University of Newfoundland as defined in the Act.

(w) “University Librarian” shall mean the University officer responsible for the administration of the University Library.

(x) 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 attached as Appendix A, as may be amended, or as modified by this Collective Agreement.

1.04#1u The Bargaining Unit as set out in the Certification Order is altered in the following ways:

(a)u A “Director equivalent to a Dean” shall be interpreted to mean a Director of an Academic Unit, holding academic rank, with administrative responsibility over ASMs. Other directors of units who hold academic rank and are engaged primarily in teaching and/or research but who have no administrative responsibility over ASMs are members of the Bargaining Unit. Directors of non-academic Departments or Divisions are excluded from the Bargaining Unit;

(b)u Associate and Assistant Directors, when the Director is excluded from the Bargaining Unit, are themselves excluded from the Bargaining Unit;

1.05 No person shall be required to join the Association as a condition of employment.

DEDUCTION OF ASSOCIATION DUES

1.06 The University agrees to deduct on a biweekly basis the dues or assessments of the Association from the salary of each ASM.

1.07 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

1.08 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.

1.09 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.

MANAGEMENT RIGHTS

1.10 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

1.11 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.

1.12 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

1.13 The University shall continue to provide the Association with its present space or equivalent University space at no cost to the Association.

1.14 The University shall provide the Association, without charge, with office space at the Sir Wilfred Grenfell College.

1.15 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

1.16 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.

1.17 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.

1.18 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.

1.19 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 COMMITTEES

1.20 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.

1.21 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.

1.22 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.

1.23 The Committee shall meet whenever the need arises, but in any event, at least every two (2) months.

1.24 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.

1.25 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.

1.26 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.

1.27 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

1.28 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.

1.29 The University shall provide the Association with the following:

(a) On March 1, August 1 and November 1 of each year, a list of names in printed and computer-readable forms of all academic administrators holding academic rank, together with the following information for each:

1. Employee identification number

2. Department

3. Department code number

4. Job class (rank and administrative position)

5. Job class code number

6. Pay group number, indicating bargaining unit status

7. Employment status code

8. Regular or contractual status code

9. Current hire date

10. Date current administrative job began

11. Date current administrative job ends

12. Date received tenure

13. Date of promotion to current rank

14. Sex

(b) On a biweekly basis, a list of names in printed and computer-readable forms of all persons in the MUNFA bargaining unit, together with the following information for each:

1. Employee identification number

2. Department

3. Department code number

4. Job class (rank and administrative role)

5. Job class code number

6. Pay group number, indicating bargaining unit status

7. Employment status code

8. Regular or contractual status code

9. Current hire date

10. Original hire date

11. Tenure status

12. Date received tenure

13. Date of promotion to current rank

14. Date of birth

15. Sex

16. Basic Annual Salary

17. Leave status code

18. Leave starting date

19. Leave return date

20. Biweekly MUNFA dues deducted

21. MUNFA dues deducted for year to date

22. Separation code

23. Separation date.

(c) In addition to the items provided under Clause 1.29 (b), the following will be provided biweekly on the same basis starting within six (6) months of the signing of this Collective Agreement:

1. Years of service as an ASM at the University

2. Years of prior academic employment

3. Years of prior relevant employment

4. Rank code

5. Degree code

7.u Annual value of any Market Differential.

(d) At least once each semester, no later than the end of the fourth week of lectures, a list in printed and computer readable forms of all persons with teaching term appointments who are not in the bargaining unit, including the following information:

1. Name of appointee

2. Academic Unit and course number for each course assigned

3. Laboratory or other non-lecture responsibilities, if any, for each current assignment

4. Starting date of each current assignment

5. End date of each current assignment

6. Total courses or full-course equivalents assigned for the current semester.

(e) Minutes of the University Pensions Committee and the Employee Benefits Committee and audited and other reports concerning the pension and benefit plans.

(f)u Copies of the letters of appointment of ASMs issued after the date of signing of this Collective Agreement.

COPIES OF THE COLLECTIVE AGREEMENT

1.30 The University shall provide for the printing of this Collective Agreement and shall pay all costs associated with:

(a) Four (4) official copies of the Collective Agreement, to be signed by the signing officers of the University and the Association (two (2) copies for each Party);

(b) Sending a copy of the Collective Agreement to each ASM;

(c) One hundred (100) extra copies for Association use.

1.31 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.

1.32 The University shall supply the Association with a computer disk containing the complete text of this Collective Agreement.

1.33 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

1.34 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 of February 26, 1996 – August 31, 1999.

1.35 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.

1.36 Benefits and entitlements of ASMs which accrue or are carried forward from year to year under the Collective Agreement of February 26, 1996 – August 31, 1999, and which remain outstanding on the date that this Collective Agreement comes into force, shall be carried forward under this Collective Agreement.

1.37 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 of February 26, 1996 – August 31, 1999.

DURATION OF COLLECTIVE AGREEMENT

1.38 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, 2002 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:

(a) The Association shall not declare or authorize a strike of ASMs.

(b) The University shall not declare or authorize a lockout of ASMs.

(c) No ASM of the bargaining unit shall strike.

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.

1.42#1x 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.

PERSONAL FILES

1.43 In this Article the word “file” means the official personal file.

1.44 The file, which shall be the file of record, shall be maintained by and located in the Department of Human Resources.

1.45 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.

1.46 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

1.47 The file shall include but not be limited to the following items:

(a) Pre-appointment materials including correspondence associated with the application, curriculum vitae, transcripts and letters of reference.

(b) Copies of letters relating to Board actions respecting the ASM including initial appointment, renewal of appointment, leaves of absence, administrative appointments and salaries.

(c) Employment-related correspondence.

(d) Documentation relating to recommendations on tenure and promotion.

(e) Correspondence and other documentation respecting professional development and achievement.

1.48 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.

1.49 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 12.08 – 12.11.

1.50 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.

1.51 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.

1.52 When an addition is made to the file, it shall be copied to the ASM with the following exceptions:

(a) Confidential materials described in Clause 1.49.

(b) Routine documentation that is periodically entered in the files of a class of ASMs.

(c) Documentation originating from the ASM.

(d) Documentation that has already been copied to the ASM.

(e) Documentation that is addressed to the ASM and includes the notation “cc: PF” to indicate that it is copied to the personal file.

Material shall not be placed in the file later than four (4) months after its original production.

1.53 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.

1.54 For the purposes of this Article, the documents in the file can be divided into four classes:

(1) Personnel and evaluative material copied into the electronic data base;

(2) Routine employment information not copied into the electronic data base and stored in paper form in the Department of Human Resources;

(3) Letters of reference, parts of which, in accordance with Clause 1.61, are kept confidential from the ASM, are copied into the electronic data base; and

(4) Materials to which the ASM has access but which are confidential to all but the Director of Human Resources and his or her delegate. These are not copied into the electronic data base and are stored in paper form in the Department of Human Resources.

1.55 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.

1.56 An inventory of documents in classes (1), (3) and (4) 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.

1.57 In normal circumstances, the ASM shall receive a copy of the inventory for his or her file within one day of requesting it from the Director of Human Resources.

1.58 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.

1.59 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.

1.60 Material shall only be removed from the file in the following circumstances:

(a) Upon receipt of proof that there is false or inaccurate information in an ASM’s file, the Director of Human Resources shall remove that information.

(b) Any disciplinary action given in writing and becoming part of an ASM’s file shall be destroyed after two (2) years have elapsed provided that further disciplinary action concerning a similar matter has not been issued within that period. If a grievance is filed relating to disciplinary action given in writing, and the grievence is not upheld, then the time between filing the grievance and the resolution of the grievance shall be added to the two (2) year period referenced in this Clause.

(c) As all or part of the settlement of a grievance or complaint.

(d)u By mutual consent between the Parties or between the University and the ASM.

ACCESS TO THE FILE

1.61 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.

1.62 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 copy at no cost.

1.63 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.

1.64 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.

1.65 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.

1.66 Medical information concerning an ASM shall not be made available to any person except on a need-to-know basis.
W. E. Schrank

J. E. Strawbridge