In This Issue...

President's Report (March 1997)

Dear Colleagues,

Members of the Executive, the Negotiating Team, and the Council of Representatives have been hard at work trying to iron out all the transitional issues, participate in a One-Time Costs Task Force with the other employee groups and the administration, and get a new constitution (including a new model of governance) ready to discuss with the membership. The transitional issues are reported on in this issue, the Unity Council report on one-time costs has been distributed, and we are in the process of setting up an information meeting to get your feedback on the proposed constitution.

In terms of transitional issues, we have had many, many calls or communiques asking for advice and guidance. If we took some time getting back to you, it did not mean that we were not acting on your concerns. In the early stages of transition, we found it necessary to group questions and requests rather than deal with each one immediately and individually, because the full implication of certain issues only became clear over time and in a relatively broad context. Moreover, our responses often had to await our transitional meetings with the Administration, and often one meeting was not enough to resolve an issue. Finally, there were two people responsible for handling all the transitional issues (Allan Manson and Marvin Baer both of the Faculty of Law), in addition to carrying out their normal academic responsibilities. (Unfortunately, there is no time to reorganize after unionization before getting into major tasks such as negotiating and implementing a Collective Agreement. As a result, an enormous amount of new and exhausting work has to be done with old structures and, often, by the same few people.)

In short, we have been working as hard for you as ever in the past two months, though the cessation of publications such as the Negotiation Updates has made that work less visible. My sense now is that we have responded to every issue raised by the our members. There is additional clarification elsewhere in this QUFACTS. Moreover, now that the transitional issues have nearly all been addressed, we are in a position to hold informational meetings on interpreting the Agreement. Arrangements have been made for such a meeting, open to everyone but with a special invitation to the Council of Representatives and unit Heads. Unfortunately, we still do not have a date for the release of the finalized copies of the Agreement. However, there should be enough rough drafts in circulation for members to consult. Contact your Council representative or your departmental/faculty office.

The drafting of a new constitution is part of an extensive restructuring process necessitated by QUFA's expanded responsibility and activity following certification and ratification of the Collective Agreement. We need more input than ever from the membership. So, if you are interested in contributing in any of the areas listed below, PLEASE contact the QUFA office (Ext. 2151, qufa@post.queensu.ca) and leave your name, phone number or e-mail address, and some indication of the area(s) in which you are interested.

If I have missed any areas in which you feel you can make a contribution, by all means let me know.

We have already been able to staff some committees and panels emerging from the Collective Agreement. Our representatives on the Joint Committee to Administer the Agreement will be Elizabeth Hanson (English), Roberta Lamb (Music), and Allan Manson (Law). Our reps on the University Promotion Appeals Committee will be Julian Barling (School of Business) and Gek Forkert (Anatomy & Cell Biology). Our reps on the Pay Review Panel will be Joan Geramita (Math & Statistics) and Dave Hanes (Physics). Our thanks to all of them for their willingness to serve. We will report on the membership of other committees as they are staffed.

I look forward to the possibility of working with many of you as the Faculty Association evolves to meet the challenges and opportunities of certification.

Frank Burke

Frequently Asked Questions

From QUFA Members

17. The Collective Agreement says we get $750 professional expense allowance for 1996-97. If I already claimed $650 do I get another $100? Can I save that $100 and add it on to the professional expense allowance for 1997-98?
18. All bargaining unit members, except adjuncts, may make one claim for the full $750 or if you already claimed $650 you may make a claim for the additional $100, but you must do so within this year (1996-97). There is no carry forward of professional expense allowance.
17. What about professional expense allowance for adjuncts?
18. Current adjunct II's (initial adjuncts in the Collective Agreement), are eligible for $375; current adjunct III's (renewable adjuncts) for $562.50. Again, the claim must be made this year (1996-97).
17. I'm on sabbatical as of January 1997. Do I get the new rate?
18. Yes. See Leaves under the "Collective Agreement and Transitional Issues" column elsewhere in this QUFACTS.
17. I think I deserve an anomaly. I was going to apply last summer, but was told I couldn't because of negotiations, even though my head said I should get an anomaly. So now that we have an agreement, how soon can I apply?
18. See Anomalies under the "Collective Agreement and Transitional Issues" column elsewhere in this QUFACTS. Notices will be going out very soon. These notices will tell you deadlines and specific procedures. After you receive the notice and when you are preparing your application, call QUFA if you have questions.
17. Who initiates the committees required by the Collective Agreement, i.e., workload, appointments, personnel? No one seems to know.
18. It is up to the department, unit or non-departmentalized faculty. Some departments have set up a special committee to examine all previous practices to see how they conform to the Collective Agreement or how they need to be changed. In some, the head has initiated the process. In others, the members have set up procedures through a regular department meeting to elect their committees. The important thing to remember is that committees are now elected by the department members.
17. What does the Workload article mean where it says "committee established by the department/unit"?
18. The department/unit must either elect a committee or confirm by passing a resolution that an existing committee has been assigned this task.
17. I wonder if you could tell me how a department such as mine, i.e., one which is mostly composed of non-bargaining unit members, is supposed to set up committees such as the appointments and personnel committees? There is only a handful of QUFA members in my department.
18. Excellent question! This is an example of where the Collective Agreement allows for different possibilities, rather than requiring all departments to do everything in the same way. On the other hand, it requires a bit of thought on the part of our membership. Ask the other bargaining unit members in your department how they think the appointments and personnel committees should be set up. There is provision for including people from other related or cognate departments. In the first instance, you might brainstorm with colleagues to see if anyone has some good thoughts on bringing in others (whether from a cognate department, or from outside the QUFA bargaining unit but within your department). For example, a small department has only four bargaining unit members (including head and adjuncts) and, therefore, is considering including those who are cross-appointed or teaching related courses for the purpose of forming these committees. The key thing is that the committees must have a minimum of three bargaining unit members, so it seems possible that some of your non-bargaining unit colleagues could be on committees. The most important thing is to attempt to develop a local structure that meets both the principles in the Collective Agreement and your local context. Good luck. Please keep QUFA posted as to how it works out.
17. Can a department elect all of its members to the Personnel or Appointments Committees?
18. This is not prevented by the Collective Agreement out of consideration for small departments. For example, it may be better to include all the members of a four or five member department, rather than exclude one. It is important to remember that all provisions of the Appointments and/or Personnel articles still apply in such situations. So, to give a few examples, if a department elected all of its members to these committees, it would be necessary for all to be present at all meetings and presentations, review all materials, etc. in order to vote on the recommendation; all would need to participate in the appropriate employment equity training. This would not be a problem for a committee-sized department of five, but would likely be difficult for large departments. Moreover, the difficulties that a very large committee might encounter in meeting the terms of the Collective Agreement could lead to a greater number of grievances.
17. What do we do about the equity training this year? The procedures are not specified in the Collective Agreement.
18. These procedures are being worked out now between the university administration and QUFA, and will be ready for the committees established for the year beginning 1 July 1997. For appointments and promotions currently in progress, make every attempt to apply the Collective Agreement procedures. In other words, apply the equity principles as best as you can, even though we have not been able to put an educational program in place in time for this round. See the three cardinal principles under the "Collective Agreement and Transitional Issues" column elsewhere in this QUFACTS.
17. Are non-bargaining unit members to be excluded from the Personnel Committee?
18. No, not necessarily. Specific provisions are made for student representatives. In addition, some departments have included a support staff person or adjunct 1 in the past. Again, the minimum requirement is for three bargaining unit members. If your department wants to follow its previous traditions and include someone not in the bargaining unit, then you may do so. This is possible because it is up to the department to decide the composition of its personnel committee.
17. There were some problems with the QUEST form. What has been decided? Do I have to allow other evaluations in my classroom?
18. The QUEST evaluation will proceed as scheduled for this year; however, with the autumn term evaluations the form will be changed so that you will be asked directly to indicate whether or not you want the quantifiable data released to student representatives. QUFA understands QUEST to be the university teaching evaluations; these are the only evaluations you have an obligation to allow.
17. How do teaching dossiers now figure into our evaluation, given that we are currently under the Collective Agreement and yet when we had to fill out our annual Dean's report, we weren't asked to submit a teaching dossier? While I understand that we are certainly free to submit a teaching dossier if we wish, how would this be taken into account?
18. The responsibility for the teaching dossier is up to the member, not the dean or the head. It is QUFA's understanding that should you submit a teaching dossier, then it will be considered. Since you do have an opportunity to see the assessment on which your merit will be decided prior to merit decisions being made (beginning this year if you haven't in the past), then you will see how all aspects are being taken into account. You may add written comments to the assessment prior to it being signed by your dean (or delegate). If some factor, e.g., the teaching dossier you submitted, was not considered in this assessment, you will have an opportunity to discuss it and comment on its absence. As with any article in the Collective Agreement, the provisions of Article 33 are grievable.
17. Can I see my Official File now?
18. Yes. QUFA recommends that you do so. See Official File under the "Collective Agreement and Transitional Issues" column elsewhere in this QUFACTS.
17. Where in the contract is there recognition that we are permitted to devote time to consulting and professional work? In the past I know that this has been a guideline.
18. This concept was not bargained away . . . just put more broadly to apply to a range of activities. See Article 19 "Conflict of Interest and Conflict of Commitment." Section 19.2 deals with consulting, etc., and the procedures for declaring that work.
17. Who is responsible for interpreting the Collective Agreement and seeing that its procedures are followed?
18. The short answer: All of us should be cognizant of the agreement and vigilant about its procedures. Soon each member of the bargaining unit will receive a neatly printed (no handwritten addenda!) copy with a table of contents. Each of us then has a responsibility to read the Collective Agreement and make a judgment about the process that concerns us. The first step when you disagree with someone about the interpretation of a clause is to go to that person and discuss the issue. Raise questions with your heads and deans. If a situation cannot be resolved or your question is not answered to your satisfaction, then call QUFA for advice. It is QUFA's job to oversee the implementation of the Collective Agreement; QUFA is the exclusive bargaining agent. However, QUFA cannot do this interpretation and implementation without the input from our members.
17. But my head says that interpreting the Collective Agreement is his job.
18. That is also true. Heads are members of the bargaining unit. In addition, they have certain delegated management responsibilities. It is the job of university administration to interpret to heads how they want the Collective Agreement carried out in terms of these delegated management functions. So, yes, the Deans and VP's are meeting with the heads and giving them instructions . . . this in itself is not a bad idea. QUFA does not want to be managing the university; that is the administration's job. The important point to remember here is that there can be more than one interpretation of a clause within the Collective Agreement. Where a bargaining unit member's (including a head) and the administration's interpretation differs, then the first step of discussing the issue must be taken. If it cannot be resolved, then call QUFA for advice.

MEMBERSHIP ON THE COUNCIL OF REPRESENTATIVES

Mike Baird is the Chair of the Council (email: bairdmc@chem.queensu.ca, voicemail:x2614).
A complete list of members is on our PEOPLE page

The Collective Agreement and Transitional Issues

Since ratification by the Board of Trustees in January, the Collective Agreement has been in force. For some issues, transitional provisions had been negotiated. Other matters and processes required transitional phases to move from the old regime to the Collective Agreement. This has been especially true of those decision- making processes which had already commenced. As well, the signed document needed to be edited to ensure consistency of language and terminology and a set of definitions needed to be drafted and appended.

QUFA began meeting with the Administration regularly from early January to negotiate the necessary transitions and deal with transitional issues. These negotiations have been marked by an atmosphere of co- operation and goodwill which QUFA hopes will continue.

We began with a set of cardinal principles, the object of which was to move into the new regime as soon as possible:

1. Transitional provisions in the Collective Agreement would inform the interpretation to be placed on related transitions;
2. All new issues would be governed by the Collective Agreement; and
3. Decision-making processes already commenced would be considered separately so that work already done would not be re-done, but new stages, where practicable, would be governed as much as possible by the Collective Agreement.

The tenure process has been completed. Promotion, renewal and appointments are still underway. For 1997/98, the new regime will govern. For 1996/97, different units are at different stages. It is not possible to impose a rigid directive that will apply across the board. For now, we are asking each unit to endeavour to move into the new regime sooner rather than later. This means encouraging units to conform with the spirit of the new rules as best as they can. It has been agreed that all current processes will be grievable.

Compensation:

As you know, we have returned to the previously negotiated career salary policy. We expect that the end of March paycheques will include, for those employed prior to July 1, 1996, increases to reflect the 1996 merit/PTR allocation. This will be retroactive to October 1, 1996, based on an average of $1900, and determined by your 1996 merit point allocation. (Another merit/PTR allocation will be added as of August 1,1997 to all those employed as of July 1, 1997, based on new merit scores and an average of $2000.00. There will also be a .9% scale increase at that time.)

Merit increases are subject to junior increments and senior abatements.

Anomalies:

During negotiations, increases to adjust for anomalies were frozen. The Collective Agreement represents a significantly different approach to anomalies based on a larger overall pool (total of $150,000 per year), a role for a jointly constituted pay review panel, and a set of priorities which emphasizes equity but includes market differentials. We have negotiated a transitional process which will, for the current period, essentially merge two years.

Notices will be published advising members of the negotiated process. Anyone who believes that his or her rate of pay is anomalous by reason of their experience, qualifications or achievement, or by comparison to others of similar experience, qualifications and achievement, should apply for an anomaly review. Those who have already applied have been considered for the 1996/97 university-administered fund. Successful applicants have already been advised. Others will be considered by the pay review panel. Increases from the 1996/97 funds will be considered soon and will be effective October 1, 1996. Then, the process will examine new applicants and those who did not receive increases in the previous round. The university-administered fund ($90,000) will be allocated and then the pay review panel will allocate its $60,000. The pay review panel will see all material relating to how the University made its allocations.

Leaves:

As you are aware, the rate of compensation for those on academic leave has been increased to 80% generally and 100% for those on a first academic leave. These rates will apply to everyone on leave as of January 1, 1997 and thereafter, regardless of when the leave commenced. Anyone who is being compensated at a higher rate will not be prejudiced. If you were on leave for the fall of 1996, you will receive the merit increase discussed above but no increase in the rate of compensation unless your leave extends past January 1, 1997. All leaves commencing July 1, 1997 will be at the new rates regardless of what may be stipulated in your authorizing letter. If this is your first academic leave, you should ensure that your unit head knows that it should be compensated at the rate of 100%. You still qualify for 100% if you have taught elsewhere so long as the leave is your first academic leave and your total tenure or tenure track career is not more than 10 years.

Official Files:

The Collective Agreement ensures that every member will have access to her or his official file. If anything is relevant to you, it must be produced to you upon request. However, the current files may contain what was generated by an earlier promotion, tenure, renewal or appointment process and which was covered by a promise of confidentiality. While the Collective Agreement is moving towards greater transparency, promises of confidentiality previously given must be respected. Accordingly, we have agreed that all old promotion, tenure, renewal or appointment process material will be archived, except in the case of untenured members where it may have relevance and current processes which are unsuccessful. The negotiated protocol should ensure that we can move into the new regime without prejudicing anyone, especially our members.

Other Transitional Issues:

There are a number of other matters under consideration, some of which only affect a small number of people. If you have any questions about your situation, please call the QUFA office and Donna Ede will direct you to someone involved with the specific issue who will provide you with advice. We will try to keep you posted. The difficulties of moving into a new regime will continue for a few months but we can now see the light at the end of the tunnel.

CAUT Executive Director Retires
(Don Savage)

On September 1, Don Savage will retire from CAUT, after serving twenty-four years as Executive Director. Don's assistance to QUFA was invaluable during certification and throughout the negotiation of our first contract. The CAUT Executive and Council will help mark Don's retirement by sponsoring an international conference on "Academic Freedom, Politics, and the Future of the University," on May 2-3. If you would like to attend the conference or contribute to a book in honour of Don (CAUT is looking for letters of reminiscence, tributes, photographs), please contact the QUFA office.

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