Executive Summary of Substantive Changes Tentative Collective Agreement 2008-2011
JUNE 13, 2008
Back to the Tentative Collective Agreement
NOTE: Throughout the tentative agreement, SABU Articles or sections have been incorporated where appropriate. In general, where language applicable to all Members was more favourable for Members in either the FLABU Agreement or the SABU Agreement, that is the language retained.
GAINS MADE
Article 9 - Non-discrimination and Accommodation
The University acknowledges its legal obligation to accommodate Members with physical or mental disabilities via changes to physical work space, workload and removal of barriers (time lines, measures of performance) to tenure and promotion. University is also required to hire an individual with appropriate expertise to assess the need for accommodation and advise on an accommodation plan.
Article 16 - Intellectual Property
This Article now covers only IP created by a Member in the course of their employment or with University facilities or resources.
Members who create IP have ownership unless other arrangements have been agreed to in advance for funding, the creator has arranged a conveyance of ownership by individual contract, or the University has been granted a licence to use by individual contract. The University's non-exclusive, royalty-free, fully-paid-up licence to use Members' copyright material for non-commercial educational and research purposes is deleted.
Either the Member (and any co-inventors) or PARTEQ may reject commercialization through PARTEQ. The assignment of moral rights respecting modification may be the subject of an Agreement between the Inventor(s) and PARTEQ. There is a new protocol to resolve disputes respecting intellectual property rights requiring Inventors with disputes to meet with the V-P (Research) do discuss possible resolutions; if that fails to meet with an independent mediator (shared costs).
Article 21A - Harassment by Students
New article in which the University acknowledges that Members are entitled to be free from harassment by students. The University shall adopt rules and procedures to promote the above and respond to actions that are inconsistent with it. The rules and procedures will be publicized and shall indicate who has responsibility to take action in response to Member's concerns and harassment by students.
Article 23A - Privacy
New Article limiting the circumstances in which the University can undertake surveillance in public areas and in Members' offices, private workspaces or private labs. The University shall develop policies (in consultation with the Association) to govern who has the authority to initiate and manage surveillance, shall keep records of all surveillance.
No information gain by surveillance shall be used in a Member's evaluations, renewal, tenure or promotion proceedings, nor be part of a Member's Official File. Information gained through surveillance shall not be used in disciplinary action unless it is evidence of unlawful activity or breach of the Agreement.
The University has recognized Members' right to privacy of personal and professional communications, except in cases where a Member may be threatening the security or integrity of the computing/network facilities, violating software licencing agreements, or attempting unauthorized access another user's account/data.
Article 24 - Employment Equity
Added definitions for "Designated Groups" (women, members of visible minorities, aboriginal peoples, and persons with disabilities covered by the Employment Equity Act) and "Equity-seeking Groups" (the four Designated Groups plus persons of non-heterosexual orientation or gender identity). Wherever applicable and practical in the Agreement, employment equity for the broader equity-seeking group will apply.
In section 24.2.2, the Equity Representative on Appointments Committees and Personnel Committees now must normally have tenure.
Article 25 - Appointments
Term Adjunct appointments now defined as limited-term appointments of one term to 3 years duration with appropriate rank and a limited range of academic responsibilities. Members with Non-Renewable appointments who are reappointed (on or after July 1, 2008) in another non-renewable appointment shall be deemed to have been granted a Tenure-track appointment. Non-Renewable Spousal/Partner appointments have been eliminated. Librarians/Archivists have been added to the Special appointment wording.
A Limited-Term (not more than 3 years) Librarian/Archivist appointment type, with appropriate rank and a full-range of responsibilities has been added.
Broader definition of scholarship now included in the criteria for renewal and tenure.
New section on written confirmation of appointment requiring the University to notify a Term Adjunct candidate who has accepted an offer of appointment within 10 days of acceptance. The written confirmation must include: rank; start and end dates; name, number, type, level and location (if not on the main campus) of the course to be taught; the percentage responsibility for the course; expected enrolment; any labs/practicums or additional duties; remuneration for the courses and any additional duties; and compensation arrangements for eligible travel expense associated with the appointment.
Article 30 - Renewal, Tenure and Promotion for Tenure-track
and Tenured Faculty Members AND Article 31 - Renewal, Continuing Appointment and Promotion for Librarian and Archivist Members
Renewal, Tenure and Promotion Committee members may be elected for staggered terms of more than one year. RTP Committee members with a conflict of interest/ commitment or for whom there may be reasonable apprehension of bias must resign (and be replaced if the reviewing process has not yet started).
Improved equity language and broader definition of scholarship added to the Criteria for RTP section (30.6.1 (b) for renewal and 30.6.3 (b) for tenure).
Article 32 - Reappointment and Promotion of Adjunct Members
QUFA bargained for a progression through job security entitlements that flow through earning a Right of Reappointment to a specific course, to a general right of reappointment to Continuing Adjunct status. General ROR (not course specific but a right to a given full-course equivalent equal to all the specific RORs earned) is attained through 3 or more years of consecutive service multiplied by the cumulative total of the full-course equivalents taught equaling 12 or more. Reappointment for Term Adjuncts with general ROR shall be not less than 2 years and not more than 3 years.
Eligibility for Continuing Adjunct appointment has been divorced from promotion in rank. Members who have a minimum of 6 consecutive years of service as bargaining unit members and whose years of service multiplied by the full-course equivalents they have taught in that period equals 72 may apply for a Continuing Adjunct Appointment (Members who have held Non-Renewable, Non-Renewable Replacement, Non-Renewable Spousal/Partner, and Special appointments and who move to Term Adjunct appointments with consecutive service will be able to count those years and full-course equivalents). Authorized leaves will not be considered a break in service, nor shall one gap in membership in the Bargaining Unit for not more than 12 months due to lack of work.
Members appointed as Continuing Adjuncts will be entitled to a course load no less than the higher of the average number of half courses taught per year in all years used to calculate eligibility for Continuing appointment or the average number of half courses taught per year in the last three years.
Article 33 - Leaves
Second and subsequent academic leaves at 85% of the Member's regular salary, up from 82.5%.
Longer Compassionate Leave with pay of 6 months or until the end of an appointment available to Members employed continuously for 1 year or more with the University at the start of the leave and who currently hold an appointment of 1 year or more. During Compassionate, Bereavement or Sick Leave, the University will continue to pay its portion of the premiums for the group benefits plans (in which the Member is enrolled) and the Pension Plan (if applicable) if the Member continues to pay their share. Members on unpaid leaves without the entitlement to University payment of a share of benefits premiums can pay the total amount of premiums to maintain benefits.
Article 35 - Maintenance of the Scholarly and Professional Environment
"Complement" section added that reads: "Subject to available funding, The University shall, during the currency of this Agreement, increase the Full-Time Equivalent of tenure and tenure-track faculty sufficient to decrease the weighted student/faculty ratio (including bridging appointments) as calculated in the Annual Budget Report prepared for the Senate Budget Review Committee".
Article 36 - Working Conditions
The Fund for Scholarly Research and Creative Work and Professional Development (Adjuncts) has been merged ($130,000 previous total) and increased to $185,000.
Professional expense reimbursements (PER) annual maxima for Members other than Term Adjuncts increase to $1,575 in 2008-2009, $1,600 in 2009-2010, and $1,650 in 2010-2011. Term Adjunct Members shall be reimbursed to an annual maximum per half-course (0.5 credit) of $215 in 2008-2009, $225 in 2009-2010, and $235 in 2010-2011 (for existing Sessional Adjuncts this is an improvement, but existing Term Adjuncts who are teaching less than 2.0 credits may wind up with slightly less PER).
Article 37 - Workload
This Article has undergone significant rewording and reordering. Changes have been directed at removing the discretion of Unit Heads and the Deans to consider/apply factors not contained within the Units' Workload Standards.
The functions and goals of the Workload Standard are: to allow members to arrange their responsibilities in the most efficient allocation of work and time, given the academic obligations of the Unit; to allow Members to see and understand the calculation of their own responsibilities and those of their colleagues; to distribute responsibilities equitably; to integrate teaching and research; and to define teaching loads in a manner that encompasses all teaching responsibilities.
If the Dean rejects the Workload Standard, the meeting to address his/her concerns with the Workload Committee shall address only matters relevant to whether the Standard allows the Unit to meet its academic program obligations.
In assigning duties, the Unit Head shall take into account the Workload Standard, previously accepted service and/or teaching duties, whether the Member is in the first year of an Initial Appointment and the need to limit teaching assignments to two 4-month periods in most circumstances.
The University will make reasonable efforts to ensure Members will have one day a week in each term that is free of teaching and service responsibilities.
University Archivist Members are to develop a Workload Standard to be ratified by the University Archivist. New list of guidelines and functions/goals as for Academic Units and elimination of the list of factors to be considered in assigning individual Member's workload. The University Librarian or University Archivist shall follow the Workload Standard in assigning duties.
Article 42 (and other Articles) - Compensation and Benefits
Scale increase of 3.2% in each of the three years to Members' salaries, the Assistant Professor Floor and Floor F. No change to structure of career development, merit, and junior increments/senior abatements.
Anomalies funds up from $370,000 to $500,000. Anomalies Side-Table Fund has increased from $150,000 to $350,000 per each year of the Agreement. $150,000 will address within discipline group anomalies and $200,000 to address between discipline group anomalies in the six non-market-driven discipline groups. An extra one-time sum of $300,000 is to be set aside for distribution in 2010-2011 for a Special Adjustment, with the distribution to be studied and decided by the JCAA. If the JCAA cannot come to an agreement as to the distribution of these extras funds, the $300,000 will be added to the Anomalies Side-Table funds to be distributed according to Appendix J. The Principal's Anomaly Fund shrinks from $220,000 to $150,000.
Calculation Continuing Adjunct FTE now includes course-related administration and assigned extra duties, and must follow the Years of Experience Guidelines from the JCAA.
Term Adjunct Base Stipend per 0.5 credit course increases by scale and by a $105 Special Adjustment in each of the three years ($6,669 in 2008-2009, $6,987 in 2009-2010, and $7,315 in 2010-2011). The 4-year limit on the 1.5% increase in Base Stipend for years of teaching experience has been removed (now no limit to the number of credited years). There is a supplement to the Base Stipend for a half-credit course of a minimum $700 for each additional hour per week of assigned tutorial or lab duties over the first three hours of lectures, labs or tutorials per week.
Librarian/Archivist Members' salary Floor will increase to $50,000 in 2008-2009, $51,600 in 2009-2010, and $53,251 in 2010-2011. There will be a Special Adjustment of $3,000 per Member spread over three years to bring the average salary more in line with the national average for this group. Librarian/Archivist Career Development increments shall be calculated relative to the General Librarian/Archivist Floor as follows in each of the three years: 4.3% for Members with salaries less than 1.25 times the Floor; 3.5% for Members at less than 2.0 times the Floor; 1.5% for Members at less than 2.1 times the Floor; and 1.0% for Members with salaries greater or equal to 2.2 times the Floor.
The value of a merit point for Librarian/Archivist Members has increased by scale (3.2%). The maximum number of merit points that can be added in a year by the V-P (Academic) has changed from a fixed 12 to "not more than a number equal to one-third (1/3) of the librarian/archivist complement on May 1 of each year". Junior increments and senior abatements for librarian/archivist Members have been eliminated. Librarians and Archivists now have access to the Principal's Anomaly Fund, as well as $5,000 per year anomalies fund administered by the JCAA.
Academic Heads' stipend has increased from $7,000 to $8,500. The minimum/normal administrative stipend for Library 'department' heads is $5,500, to be pro rated if "department' head duties are less than full-time.
All Members, except Term Adjuncts with appointment of less than two years, are eligible for benefits. Effective May 1, 2009 the University shall pay 100% of the Dental Plan premiums. Child care benefit plan now covers children under the age of seven instead of under the age of six. Ceilings on half-day and full-day reimbursements are eliminated, as is the limit to 50% of usual and customary billings. Annual limit raised to $2,250 from $2,000. Total value of the fund is $320,240 for 2008-2009, $340,808 for 2009-2010, and $351,714 for 2010-2011. All Members are eligible for the full amount. Tuition support total amounts are $630,219 for 2008-2009, $650,386 for 2009-2010, and $671,198 for 2010-2011. Adjunct members' spouses and dependent children are now eligible pro rated to 25% of the full per annum amount per half-credit course a Member teaches.
Term Adjuncts who have been appointed as Commuting Adjuncts will be able to claim accommodation amounts for rent (with rent receipts) and maximum amounts are now excluding taxes.
The wording preventing changes or amendments to benefits plans (including the Pension Plan) without the agreement of the Association is unchanged.
MOA Re: Transition Provisions - Appointments
The rank of Adjunct Members with an appointment or right to an appointment as of May 1, 2008 shall not change because of any provision in the new Collective Agreement. All 2005-08 FLABU and 2006-08 SABU provisions will continue to apply for as long as a Member holds an academic appointment at Queen's or he/she is granted a change in rank under the provisions of the new Agreement.
The terms and conditions of current Non-renewable Spousal/Partner appointments will not change as a result of the elimination of this appointment category in the tentative Agreement.
CHANGES
Article 41 - Heads of Departments
For Library 'Department' Heads, Groups A and B have been eliminated (41.8.1.3). Members in 'Department' Head positions that are abolished shall negotiate reassignment and compensation with the University Librarian or designate. If no resolution can be negotiated the matter shall be referred to the JCAA for resolution.
MOA Re: Merit and Career Development
Parties have signed three Memoranda of Agreement to Joint Committees to review merit & career development models, the distribution of anomalies funds, and matters relating to intellectual property created by Members.
Article 16 - Intellectual Property
In response to University's concern about third party claims to patentable material, Members are now required to list the names of co-inventors on PARTEQ disclosure forms, and the Office of the V-P (Research) is required to investigate with due diligence the extent of involvement of any and all co-inventors whether or not they are identified on the disclosure form.
Article 30 - Renewal, Tenure and Promotion for Tenure-track
and Tenured Faculty Members AND Article 31 - Renewal, Continuing Appointment and Promotion for Librarian and Archivist Members
In the Notification section (30.7.2), the deadlines for RTP applications, the meeting of the Member with the Unit Head to give advice on the application and the selection of referees, and for the Member to provide the required material for their application file have been moved back two weeks. The deadline for the Member to provide a list of prospective referees to the Committee has been moved back by one day.
For faculty, the Member will be able to reject 25% of student names provided by the RTP Committee, rather than up to 100%
Article 32 - Reappointment and Promotion of Adjunct Members
Promotion to Associate Professor (no "Adjunct" qualification to the title either external or internal to the University) will require the Adjunct Faculty Member to meet the same criteria as tenure-track/tenured faculty.
Article 36 - Working Conditions
Laptop program is discontinued.
