The information on this page outlines the details of the Collective Agreement between the Board of Regents of Huntington University (hereinafter referred to as "the Employer") and Laurentian University Faculty Association - H (hereinafter referred to as "the Union").
Expiry: June 30, 2020
1. Academic Year shall mean the twelve (12) calendar-month period commencing on the first day of July and ending on the thirtieth day of June following in any year.
2. Adjunct Professor is conferred by a University on certain people not holding a University appointment, but whose professional background and qualifications have led to their active participation in joint undertakings with University Faculty. The position is intended to provide formal recognition of this special relationship between a scholar outside the University, or anyone else whose special expertise contributes directly and significantly to studies currently being undertaken by the University, and an academic unit within the University. Such a position assumes some degree of active collaboration between the adjunct professor and one or more Members. The position provides formal recognition of a special relationship. The position is an honorary one and carries no stipend.
3. Agreement shall mean this Collective Agreement.
4. Board of Regents shall mean the Board as cited in the Act to Incorporate Huntington University, 1960.
5. Doctorate means a terminal degree (scholarly or professional doctorate) from an accredited academic institution.
6. Employer shall mean the Board of Huntington University, or its successors, or officers, as delegated by the Board to act on its behalf.
7. Enrolment shall mean the number of students enrolled in a course determined by the Laurentian class counts on November 1, February 1, and June 22 within the twelve (12) calendar-month period commencing on the first day of May and ending on the thirtieth day of April following in any year.
8. Fall Session shall run from September 1 to December 31 for the purpose of this agreement.
9. LUFA-H is the union local comprised of Huntington academic staff.
10. Member shall mean a Member of the bargaining unit. Such person shall be employed as a full-time or part-time (Sessional) academic staff of Huntington University, within the Bargaining Unit described in the certificate and decision of the Ontario Labour Relations Board dated December 17, 2004.
11. Overload is any teaching assignment after, and over and above, the assignment of the teaching load.
12. Parties shall mean the Board of Regents of Huntington University and the Laurentian University Faculty Association.
13. President shall mean the President & Vice-Chancellor of Huntington University, or the Board’s designate.
14. Professor shall be defined as attaining the rank of Assistant, Associate, or Full.
15. Senate shall mean the Senate of Huntington University as constituted in Huntington University’s Bylaws.
16. Spring Session shall run from May 1 to July 30 for the purpose of this Agreement.
17. Union or Association or LUFA shall mean the Laurentian University Faculty Association certified to be the exclusive Bargaining Agent for the full-time and part-time (sessional) academic staff of the University pursuant to the various relevant decisions of the Ontario Labour Relations Board.
18. University shall mean Huntington University.
19. Winter Session shall run from January 1 to April 30, for the purpose of this Agreement.
LUFA-H Collective Agreement 2016-2020
The Parties recognize The United Church of Canada heritage of the University. The Parties are committed to sustainable practices of work/life balance and a healthy environment.
LUFA-H Collective Agreement 2016-2020
ARTICLE 1 - PURPOSE
1.01 It is the purpose of this Collective Agreement to set forth the terms and conditions of employment and other specific contractual provisions, to promote and maintain harmonious relationships between the Parties, to facilitate the Parties in working together to encourage the development of research and teaching necessary for the provision of high quality education to students, and to provide a means for settling such disputes as may arise from time to time.
LUFA-H Collective Agreement 2016-2020
ARTICLE 2 - ACADEMIC FREEDOM
2.01 In addition to their legal rights as citizens, Members have the right to academic freedom. Academic freedom is the right to search for truth, knowledge and understanding and to express freely what one believes. The University and Faculty Association as institutions and the community of their scholars have a duty to protect and defend the search for knowledge and truth by all who enquire, teach, and learn under its auspices. They shall be free to carry out research and to publish its results, free to teach, to discuss and to criticize both the University and the wider society it serves. However, in doing so they shall maintain the proper academic tradition of reasonable discussion.
2.02 Academic freedom entails the obligation to base all research and teaching on a responsible search for truth and knowledge. It requires the fulfillment of responsibilities to other Members of the teaching and learning community. It requires the acknowledgement of the work of others and the acceptance of responsibility for one’s own beliefs and utterances. Academic freedom does not confer legal immunity.
LUFA-H Collective Agreement 2016-2020
3.01 Human Rights Code: The Parties agree to abide by the Ontario Human Rights Code. There shall be no discrimination or harassment exercised or practiced with respect to any Member regardless of salary, rank, appointment, promotion, tenure, reappointment, dismissal, leaves, benefits, or any other matter arising from this Collective Agreement, for reasons of age, race, language, creed, colour, ancestry, ethnic or cultural background, national origin, political or religious affiliation or belief, sex, sexual orientation, gender identity, gender expression, marital status, family relationship, personal or social life style or behavior, clerical or lay status, or disability.
3.02 Union Activity: The Employer and the Union agree that there will be no intimidation, discrimination, interference, restraint, or coercion exercised or practiced by either of them or by any of their representatives or Members because of any employee’s Membership or non-Membership in the Union or because of an employee’s activity or lack of activity in the Union.
3.03 The choice of the most competent person for any position described in formally approved job descriptions will not constitute discrimination.
3.04 Nothing in this Article shall be interpreted to preclude action aiming at equitable representation of designated employment equity target groups in the academic community.
3.05 The parties agree that no person shall take part in formal discussions, lead or initiate any process or vote with respect to the determination of any term or condition of employment of a Member of her/his immediate family.
LUFA-H Collective Agreement 2016-2020
ARTICLE 4 - WORKING ENVIRONMENT
4.01 The Employer recognizes the need to provide appropriate support services and facilities for Faculty to carry out their responsibilities.
4.02 There shall be one representative from the Union and one from the Employer on the Plant and Residence Committee and there shall be one representative from the Union and one from the Employer on the Health and Safety Committee.
4.03 The Employer recognizes its responsibility to provide an environment intended to protect the health, safety and security of Members as they carry out their duties. The Employer will provide a copy of the annual report of the Health and Safety Committee to the Membership.
4.04 The Union has the right to observe, assist in and, when necessary, to grieve the implementation of rules adopted to protect the health and safety of its Members, and to maintain the security of persons and premises.
LUFA-H Collective Agreement 2016-2020
ARTICLE 5 - RECOGNITION OF THE BARGAINING UNIT
5.01 Certificate
The Board recognizes the Union as the exclusive Bargaining Agent for the Bargaining Unit defined in the OLRB Certificate dated 12/17/04:
Upon the application of the applicant and in accordance with the provisions of the Labour Relations Act, 1995 THIS BOARD DOTH CERTIFY Laurentian University Faculty Association as the Bargaining Agent of full and part-time academic staff, including professional librarians, employed by Huntington University, in the Province of Ontario, save and except the President.
5.02 The Parties acknowledge that the University benefits when it recognizes Emeritus, Adjunct, and/or visiting professors and administrators who teach. Such individuals are excluded to the extent that they teach six (6) credits. A course load of over six (6) credits shall be agreed to by MOA between Board of Regents as Employer and LUFA.
LUFA-H Collective Agreement 2016-2020
ARTICLE 6 - MANAGEMENT RIGHTS
6.01 The Union recognizes that the Employer has retained and shall possess and exercise all rights and functions, powers, privileges, and authority that the University possessed prior to the signing of this Agreement with the Union, excepting those that are clearly and specifically relinquished or restricted in this Agreement, or modified by the statute. The Employer shall have the right to discipline for just cause. The Employer undertakes that all rights and functions, powers, privileges, and authority shall be exercised in a manner consistent with the provisions of this Agreement.
6.02 The Union recognizes that the Employer is the owner of all facilities, equipment, furniture, computers and peripherals, access cards, keys, codes and other property of the Employer and is responsible for the maintenance and servicing of same. These items are for the sole use and responsibility of the Member.
6.03 The Employer’s failure to exercise any right, function, power, privilege, or authority hereby reserved to it, or the Employer’s exercise of any such right, function, power, privilege, or authority in a particular way, shall not be considered a waiver of the Employer’s right to exercise such right, function, power, privilege, or authority, or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement.
LUFA-H Collective Agreement 2016-2020
ARTICLE 7 - JOINT LABOUR MANAGEMENT COMMITTEE
7.01 There shall be a Joint Labour Management Committee which will meet monthly during the academic year. The Committee will be composed of two representatives of each party as follows: the Chief Steward of the Union and the LUFA-H representative or their respective designates; and the President of the University and/or his/her designate(s).
7.02 The Committee shall not have the power to add or to modify the terms of this Collective Agreement.
LUFA-H Collective Agreement 2016-2020
8.01 The Employer shall deduct once monthly, during the term of this Agreement, from the salary of each Member of the Bargaining Unit monthly dues or other assessments for general Union purposes uniformly and regularly payable by a Member authorized in accordance with the Constitution and Bylaws of the Union and certified in writing to the Employer by the Union.
8.02 At the commencement of this Agreement, the Union shall advise the Employer in writing of the amount of its regular monthly dues. Thereafter the Union shall advise the Board in writing of any change in the amount of monthly dues, such notice to be given at least thirty (30) days prior to the effective date of such change.
8.03 The amounts so deducted shall be remitted to the Union by the fifteenth of the month following the month in which the deductions are made, together with a list specifying the names of those Members from whose salaries the dues have been deducted, and the individual amount of each deduction. As well, the Employer shall provide the names of all Members who cease to be employed by the University.
8.04 Indemnification
In consideration of the deducting and forwarding of Union dues, the Union shall indemnify and save harmless the Employer, its agents and/or employees acting on behalf of the Employer from any and all claims, and/or actions arising out of the collection or attempted collection of such dues as herein provided and from any claims arising from information provided by the Employer under the provisions of this Collective Agreement.
LUFA-H Collective Agreement 2016-2020
9.01 Appointment of Union Representatives
The Employer acknowledges the right of LUFA to appoint or elect representatives according to its Constitution. LUFA shall notify the Employer in writing of the names of its representatives. These will include Stewards, Bargaining Committee Members and any other such representative as may be identified by LUFA’s work and Constitution. The Employer shall not be required to recognize any representative until such notification from LUFA has been received.
9.02 Representatives’ Responsibilities
The Parties agree that LUFA representatives have a duty to represent Members of LUFA-H, and that this duty shall not interfere with the activities described in Article 11, Academic Activity, except in extraordinary circumstances.
LUFA-H Collective Agreement 2016-2020
10.01 All correspondence from the Employer to Members of the Bargaining Unit that describe or affect terms and conditions of employment, including, but not limited to, offers of employment, workload assignment, terms of approved leaves, and discipline, shall be copied to the Union simultaneously.
10.02 All correspondence from the Employer to Members of the Bargaining Unit that describe or affect terms and conditions of employment, including, but not limited to, offers of employment, workload assignment, terms of approved leaves, and discipline, shall be copied to the Union simultaneously.
10.03 The Employer shall, within thirty (30) days of the ratification of this Agreement, provide at no charge a copy of the Agreement to each Member. The Employer shall also issue at no charge a copy of the Agreement to each new appointee whose appointment falls within the Bargaining Unit, seven (7) days after acceptance of the offer.
10.04 The Employer further undertakes to provide the Union with a list of all Members of the Bargaining Unit, their workload and actual remuneration. The Employer will also provide the aggregate of remuneration provided to non-Bargaining Unit Members employed by the University.
10.05 The Employer also agrees to provide the Union with audited financial statements on an annual basis.
10.06 All offers of (Full time) employment shall include the standard letter as attached at Schedule A.
10.07 The workload assignment of all Members will be given to LUFA, and all Members of each academic unit will also receive the assigned workloads for all Members of that unit.
10.08 The workload for full-time academic staff will be communicated to those staff in writing by July 1 for the following year, and for the spring session by March 1, and will reflect consultation within the academic unit. Full-time academic staff have a right to be consulted in the discussions leading to workload assignments.
10.09 The workload for Sessional Members teaching in fall and/or fall/winter will be communicated to those staff in writing by July 15. The workload for Sessional Members teaching in winter will be communicated to those staff in writing by November 15. The workload for Sessional Members teaching in spring will be communicated to those staff in writing by March 15.
10.10 The Registrar of Huntington University shall provide a report of the number of students enrolled in each of the classes offered by Huntington University (the class counts); these shall include enrolments at the Sudbury campus and Envision courses. These reports are to be provided to LUFA as they become available.
10.11 A list of the Sessional Members with Establishment and the courses to which this applies is to be forwarded to LUFA and to the respective chairs of departments by March 1.
LUFA-H Collective Agreement 2016-2020
11.01 Members have rights andresponsibilities, which derive from their positions as teachers, scholars andlibrarians working within the university community, and which reflect thereasonable expectations of the Members, the university community, the communityat large, and the contractual expectations of the Employer.
11.02 Rights and Responsibilitiesas Full-Time Teachers/Librarians
a) Full-time academic staff havean obligation to develop and maintain their scholarly competence andeffectiveness as teachers/librarians within the area of their expertise. To this end, they will be expected to takeadvantage of opportunities for professional/academic development or upgradingwhere appropriate.
b) Full-time academic staff shallinform their students regarding their methods of evaluation. They shall also inform their studentsregarding their instructional methods and seek approval of the HuntingtonSenate for substantial changes in instructional methods involving significantincreases in costs or significant departures from established practices, e.g.conversion of a lecture course to a reading course.
c) While it is recognized thatwhenever possible there shall be adequate consultation with the Member and theProgram Chair as to the assignment of teaching duties, once such teachingduties have been assigned in a fair and equitable manner by the President, itis the responsibility of the Member to teach the assigned courses to studentsregistered in them at the time and place designated by the President in amanner which is consistent with the course description in the LaurentianUniversity calendar. Teaching responsibilities include being available forreasonable consultation with students at their teaching locale.
d) Full-time academic staff shallcomply with all properly established regulations of the University, which arenot at variance with this Agreement. Full-time academic staff shall accept responsibility for participationin the effective operation of the University, including responsibilities foracademic counselling, registration, and the supervision of examinations asappropriately assigned by the President and any processes related to communitysafety.
e) It is the responsibility offull-time academic staff to deal ethically and fairly with students and theiracademic colleagues in relation to their own teaching. Ethical and fair dealing with students andcolleagues includes respecting the Policy on a Respectful Working and LearningEnvironment. It is also theresponsibility of Full-time academic staff to foster a free exchange of ideasincluding a discussion of differing views, to avoid discrimination, to respectthe principles of confidentiality in a manner consistent with the performanceof their academic role and to acknowledge their indebtedness to students andtheir academic colleagues in relation to their own teaching.
f) Each Member shall have freedomof discussion. However, in the exerciseof this freedom in the classroom, reasonable restraint shall be used inintroducing matters unrelated to the Member’s subject or discipline.
g) Full-time academic staff shallbe free to organize and to structure classroom activities and to adoptreasonable means to maintain a learning environment, which is both productiveand orderly.
h) Full-time academic staff shallnot alter or cancel scheduled instruction or substitute another instructorexcept with prior permission of the President in any but exceptionalcircumstances. Such permission shall notbe unreasonably refused. Both partiesagree that every reasonable effort will be made to notify the studentsaffected. Timetable changes of apermanent nature require the prior permission of the President.
11.03 Rights and Responsibilitiesof Full-Time Scholars/Researchers
a) Full-time academic staff shallhave the right and responsibility to devote a reasonable proportion of theirtime to scholarly activity
b) It is understood for thepurpose of this Collective Agreement the term “scholarly activity” means:
i) Research directed towards acontribution to knowledge, and the dissemination of its results; and/or
ii) Participation in those academicactivities that contribute to the enhancement, creation and dissemination ofknowledge, including Full-time academic staffing and participation inappropriate professional and/or learned societies, scholarly conferences,workshops or seminars; and/or
iii) Creative and professionalactivities which contribute to one’s discipline.
c) It is understood that scholarlyactivity may involve, although not necessarily be limited to the following, butin each case, the Member must demonstrate that the activity is of good qualityand is consistent with the contribution to knowledge described in the paragraphabove. It is understood that this listdoes not imply an order of priority.
i) The writing and publication ofbooks and of articles,
ii) The obtaining of additionalappropriate academic and/or professional qualifications,
iii) Research for a doctoraldissertation
iv) Research carried out onresearch contracts
v) The writing of cases studies,
vi) The development ofteaching/library materials of innovative sort which have a wider applicationthan the Member’s own teaching activities,
vii) The development of computerprograms,
viii) The compilation of substantial scholarly bibliographies,
ix) Translation of scholarly andcreative standard,
x) Literary and artistic worksappropriate to one’s discipline,
xi) Demonstrated leadership in professionaleducation, including workshops,
xii) Consulting which contributes toone’s discipline,
xiii) Field work which contributes to one’s discipline,
xiv) Writing of Study Guides for Distance Education,
xv) Writing and publication of bookreviews,
xvi) Presentations and workshops at conferences,
xvii)Demonstrated leadership in the areaof professional education, including workshops.
d) It is understood that the aboveenumerated forms of scholarly activity are not necessarily of equalsignificance and are not necessarily to be given equal weight and applicationfor each discipline when a Member is being evaluated. In such evaluations where the evidence doesnot rest on publications (broadly defined), other evidence of scholarlyactivity must be considered, but the burden of proof must rest upon thecandidate.
e) All Full-time academic staffshall deposit one signed copy of their published material in the HuntingtonUniversity Library and a hard or electronic copy in the Office of thePresident.
f) Full-time academic staff havethe right to participate in the activities of professional or learned societiesand the like, providing such activities do not conflict with the reasonablefulfillment of assigned duties.
11.04 Rights, Responsibilitiesand Duties of University Governance as Full-Time Academic Staff
a) While the primaryresponsibilities of Full-time academic staff are teaching and scholarlyactivity, Full-time academic staff have the right and the responsibility toparticipate in the governance of Huntington University through Full-timeacademic staffing on appropriate bodies, including LUFA, Huntington Senate, theBoard, and Laurentian University faculty bodies and when called upon, toparticipate to a reasonable extent in other university community bodies.
b) While exercising universitygovernance and administrative responsibilities, Full-time academic staff shalldeal ethically with other university employees and students so thatobjectivity, fairness, and absence of discrimination are maintained in alldeliberations including assessment of performance of any Employee orstudent. The Member shall dischargegovernance duties diligently and to the highest standards. Full-time academicstaff shall not infringe on the academic freedom of academic colleagues orstudents or breach confidentiality in this regard.
11.05 Rights and Responsibilitiesas Full-Time academic staff of the Learned Professions and the Community atLarge
a) When addressing themselves tothe community at large, Full-time academic staff retain the rights andresponsibilities associated with academic freedom. Except when specifically authorized to speakon behalf of the University, a Member shall not by her/his conduct or words,purport to be speaking or acting on behalf of the University.
b) Recognizing that Full-time academicstaff are part of a wider community and have responsibilities to this communityin addition to their specific University obligations, and, to enhance thereputation of Huntington University, to help keep Full-time academic staff intouch with practice in their fields and to enhance the quality of their primaryfunctions at the University, the Employer agrees that while Full-time academicstaff are committed to full-time employment with the University, they mayengage in paid or unpaid outside professional activities and community serviceprovided that:
i) The scope and nature of anysuch activities of a substantial nature, whether paid or unpaid shall bereported in writing to the President as part of the annual report of Full-timeacademic staff.
ii) Notwithstanding the above,activities that would involve Full-time academic staff spending a total of morethan one half day a week on a regular basis between Monday and Friday during aterm in which they teach shall be reported in writing to the President prior tothe signing of a contract or beginning of the work.
iii) The President may require theFull-time academic staff not to undertake an activity or to moderate such anactivity on the grounds that the time involved would or does interfere with theMember’s academic obligations as defined in this Agreement, A reasonable periodof time shall be allowed for the Full-time academic staff to comply.
iv) When a Member’s outsideprofessional activities involve the use of the University’s facilities,supplies or services, permission for their use shall be sought from thePresident. Such permission shall not beunreasonably refused. These servicesshall normally be paid for at the prevailing internal University user rate,unless the President agrees in writing to waive all or part of the fee(s).
11.06 Academic Rights andResponsibilities as Sessional Members
a) Sessional Members have anobligation to develop and maintain their scholarly competence and effectivenessas teachers/librarians within the area of their expertise. They shall also inform their studentsregarding their methods of evaluation. They shall also inform their students regarding their instructionalmethods and seek approval of the Huntington Senate for any changes in instructionalmethods involving increases in costs or significant departures from establishedpractices, e.g. conversion of a lecture course to a reading course.
b) Sessional Members employed toteach distance-education courses shall be expected to answer student’s queriespromptly and professionally and to return assignments in a timely manner.
c) Teaching responsibilities forthose teaching on campus courses include being available for reasonableconsultation with students at their teaching locale. Teaching responsibilitiesfor those instructing distance education courses include being available forreasonable consultation with students by telephone or through e-mail.
d) Sessional Members teachingon-campus courses shall accept responsibility for participation in theeffective operation of the University, including responsibilities for academiccounselling, registration, and the supervision of examinations as appropriatelyassigned by the President. Staff teaching distance education courses shall beavailable for consultation on matters relating to effective operation of theUniversity.
e) It is the responsibility ofSessional Members to deal ethically and fairly with students and their academiccolleagues in relation to their own teaching. Ethical and fair dealing with students and colleagues includesrespecting the Policy on a Respectful Working and Learning Environment. It is also the responsibility of staff tofoster a free exchange of ideas including a discussion of differing views, toavoid discrimination, to respect the principles of confidentiality in a mannerconsistent with the performance of their academic role and to acknowledge theirindebtedness to students and their academic colleagues in relation to their ownteaching.
f) Each Sessional Member shallhave freedom of discussion. However, inthe exercise of this freedom in the classroom, reasonable restraint shall be usedin introducing matters unrelated to the Member’s subject or discipline
g) Sessional Members shall be freeto organize and to structure classroom activities and to adopt reasonable meansto maintain a learning environment which is both productive and orderly.
h) Sessional Members shall followthe procedures and direction of the Chair/Co-coordinator of theDepartment/Program responsible for the course being taught.
i) Sessional Members shall havethe right to attend Departmental/Program meetings. In terms of voting rights, Sessional Membersshall have the right to one (1) voting representative as elected annually bythe Sessional Members teaching in the respective Department/Program.
j) Sessional Members shall notalter or cancel scheduled instruction or substitute another instructor exceptwith prior permission of the President in any but exceptionalcircumstances. Such permission shall notbe unreasonably refused. Both partiesagree that every reasonable effort will be made to notify the studentsaffected. Timetable changes of apermanent nature require the prior permission of the President.
k) Sessional Members areaccountable to the President for fulfilling the conditions of their contractedemployment as defined by this Collective Agreement, specifically includingthose expectations defined by this article, Rights and Responsibilities asPart-Time Teachers.
LUFA-H Collective Agreement 2016-2020
12.01 The President will assignacademic workload in a fair and equitable manner. Such workload includes, in proportions that may vary from Member to Member, and from year to year for the same Member, thefollowing components: teaching/librarianship, scholarly activity, andgovernance and community service.
12.02 Full-time Members teach fifteen(15) credits during the fall-winter academic session. The Full-time Librarian willteach 6 credits.
12.03 A Full-time Member may choose,but shall not be compelled, to teach overloads in any term. In no case will aMember teach more than six (6) credits as overloads during the combinedFall/Winter Session. Courses taughtpursuant to Articles 26.09 and 26.10 shall not be counted as overload credits.
12.04 Sessional Members will teachless than fifteen (15) credits during the fall/winter academic session and nomore than nine (9) credits during the spring academic session.
12.05 The workload shall bedetermined in reference to program and departmental requirements by theChair/Coordinator and recommended to the President. The counting of coursesshall commence the beginning of the fall-winter session of each academic year.
12.06 If, through cancellation, theworkload is less than a full load, the Member may be required to performadditional duties as deemed acceptable by the President in consultation withthe Chair and in consultation with the Member.
12.07 The Employer reserves the rightto cancel an elective course if the enrolment is less than 15. In case of arequired course or a first year religious studies course, it must be offered atleast once during the fall/winter session, on-campus or Envision. If a Sessional Member was contracted to teach the cancelled course, then that Memberwill receive a $300 cancellation stipend for a 3 or 6 credit course, inrecognition of the work performed to that date. When a course is cancelled which the Sessional Member has been assignedfor the first time, that Member shall receive $600.00 cancellation stipend in recognition of the work performed to that date.
12.08 Teaching assistants, whereassigned to a Member in consultation with the Department Chair and with theapproval by the President, are a factor in workload assignment, and so arecovered by the principles of equity and fairness that inform this Article.
12.09 Normally full-time academicstaff will not teach at another campus. Full-time academic staff may be askedto accept teaching duties outside of Sudbury. In the event that an emergencyinterferes with a Member’s ability to complete the course for a period greaterthan the Special Needs Leave, those duties shall be assumed either by Full-timeacademic staff of the Bargaining Unit who submit their names voluntarily to anemergency replacement roster or by persons specifically hired for the purpose.The Parties agree that when a problem arises with this process, the Partieswill settle it by MOA. Full- time academic staff, when requested to travel fromoutside the location where the replacement teaching occurs will be reimbursedaccording to Article 32.05.
12.10 Members who apply for a courseoutside their normal campus (geographic location) or who apply specifically fora position at a specific campus will not be reimbursed for travel.
12.11 Where work relating to teachingor governance, specifically requested by the President, is to take place in alocation outside of Sudbury (for example, Conestoga College, Georgian Collegeor George Brown College) expenses will be reimbursed according to Article 32.05
12.12 Annual Reports
All full-timeacademic staff are to submit an annual report to the President by June 1 ofeach year, reviewing Academic Activity as established in Article 11, for theperiod May 1-April 31. In the case of Sabbatical/Study Leave, this shallgenerally be within one month upon return from Leave. The annual report is toconsist of:
i) Updated curriculum vitae usingthe HU template
ii) Copies of Senate approvedstandardized student evaluations
iii) Completed report based on HUreport template
iv) Electronic copies ofpresentations
v) Update on doctoral studies
12.13 Bank or Owe TeachingCredits
The Partiesagree that it is mutually beneficial to allow Full-Time Members to bank or oweteaching credits for the purposes of scholarly activity. Members shall not be permitted to bank or owemore than six (6) teaching credits any given time. Members with banked teaching credits mayrequest a maximum of six (6) credits release per academic year. The scheduling of the reduction shall be withthe mutual agreement of the Member and the Department. If the Member’s department agrees with theMember’s proposal to arrange a teaching-reduced or teaching-free term for thepurposes of scholarly activity and recommends it to the President, thePresident shall not unreasonably refuse such a recommendation. No remuneration for banked teaching creditswill be provided in lieu of release time. Members will be permitted to bank credits only during the fall andwinter terms. Members owing creditsshall teach above the normal teaching load without remuneration within two (2)years of the end of the term in which they borrowed the credits. In the event the Member leaves his/heremployment due to retirement, resignation or dismissal, the Member shall beentitled to remuneration for any banked teaching credits, and he/she will berequired to repay any teaching credits owning at the time of the termination ofemployment. Members shall be required touse banked credits to make up for the shortfall in a workload.
12.14 Buying out Teaching Credits
Requests forworkload reductions as a result of other paid scholarly activity as defined inArticle 11.03 b), shall be considered by the President upon the recommendationof the department.
a) To buy-out credits withoutcompensation to the University: For suchan assignment to become operative, it shall require the recommendation of theDepartment and approval of the President.
b) To buying-out credits withcompensation to the University: AFull-Time Member with a regular teaching load may elect to buy-out up tofifteen (15) credits of teaching load over five (5) years, not to exceed six(6) credits per year. The buy-out mustbe applied for no later than February 1 of the year preceding the academic yearfor which it is requested and the President shall not unreasonably refuse suchrequest. The President shall communicatehis/her decision by April 1. A Membershall not be refused such a request for two (2) consecutive years. The buy-out shall cover the actual cost toreplace the teaching credits. Membersshall not be permitted to buy-out teaching credits in order to teach at anotherinstitution.
LUFA-H Collective Agreement 2016-2020
13.01 The process of developingrecommendations on the appointment of Faculty is a peer-review process. TheUniversity recognizes that input from Members of the same discipline as thecontemplated appointment is important; however, it is agreed that the Employerdetermines the faculty complement necessary to carry out its objectives andmission, and final decisions are the responsibility of the Board and President.
13.02 Ranks of Appointment
All initial appointments of full-time Members shall be at one of thefollowing ranks:
Lecturer/Sessional
Assistant Professor
Associate Professor
Full/Professor
13.03 Categories of Appointment
All initial appointments of full-time Members shall be in one of thefollowing categories:
Limited Term
Probationary (tenure-track)
Tenure
13.04 Rank Criteria: TeachingFaculty
The following criteria will be used as general guidelines whenconsidering the minimum qualifications of Members relative to the indicatedranks. These guidelines are not intended to be used as rigid criteria. Eachinstance of appointment or promotion will be assessed on its own merits.
a) Lecturer: the candidate shallhold at least a Master’s degree.
b) Assistant Professor: thecandidate shall hold
i) a Doctorate, or in the processof completing a doctorate, and
ii) be able to provide evidence ofteaching of good quality; plus
iii) be able to provide evidence ofscholarly activity of good quality;
c) Associate Professor: thecandidate shall
i) hold a Doctorate plus,
ii) be able to demonstrate evidenceof teaching of good quality; plus,
iii) be able to provide evidence ofscholarly activity of good quality; plus,
iv) have a minimum of five (5)years’ full time satisfactory teaching and research experience.
d) Full Professor: the candidateshall
i) have successfully met allrequirements for Associate Professor and hold a Doctorate; plus, have shownevidence of exceptional scholarly activity throughout the Member’s career afterthe Member’s promotion or appointment to Associate Professor that ranks as arecognized contribution to the scholarly field of the candidate, which work isjudged by four Full Professor referees external to Laurentian University and,two of whom may be nominated by the candidate and each of whom is qualified toassess the research and creative work of the candidate; plus,
ii) have accumulated at least ten(10) years of satisfactory full-time teaching at the University level orequivalency.
13.05 Rank Criteria: Librarians
a) General Librarian: thecandidate shall hold a Master’s degree in Library and Information Science.
b) Assistant Librarian: thecandidate shall hold
i. a Doctorate, it beingunderstood that unless this doctorate is in the field of Library andInformation Science it shall be accompanied by a Master’s degree or equivalentqualifications in Library and Information Science; or
ii. a Master’s degree in Libraryand Information Science and professional service and library supervisory skillsrelevant to academic librarianship, the quality of which is established asclearly satisfactory by whatever is the generally accepted method of evaluationover a period of four years; and demonstrated evidence of scholarly activity.
c) Associate Librarian: thecandidate shall
i. hold a Doctorate, it beingunderstood that unless this doctorate is in the field of Library andInformation Science, it shall be accompanied by a Master’s degree or equivalentqualifications in Library and Information Science; or
ii. in exceptional cases, aMaster’s degree in Library and Information Science and professional service andlibrary supervisory skills relevant to academic librarianship, the quality ofwhich is established as clearly satisfactory by whatever is the generallyaccepted method of evaluation over a period of four years; and demonstratedevidence of scholarly activity; and
iii. have a minimum of five (5)years of full-time professional service relevant to academic librarianship.
d) Full Librarian: the candidateshall
i. hold a Doctorate, it beingunderstood that unless this doctorate is in the field of Library andInformation Science, it shall be accompanied by a Master’s degree or equivalentqualifications in Library and Information Science;
ii. have demonstrated outstandingprofessional performance and, in addition, have shown exceptional evidence ofongoing scholarly activity of good quality throughout the Member’s careerincluding after promotion to Associate Librarian. This work must be judged byfour (4) external referees, two (2) ofwhom may be nominated by the candidate; plus,
iii. have accumulated at least ten(10) years of full-time professional service relevant to academiclibrarianship, or equivalency.
13.06 Category Criteria
The following criteria will be used as general guidelines whenconsidering Members relative to the indicated category:
a) Limited Term
Limited term appointments are made to vacancies in the BargainingUnit that the Employer has determined are not to be part of its permanentcomplement.
Such appointments carry no implication of renewal or continuationbeyond the stated term of one year, or a minimum of six months (where it is tocover a leave of 6 months or less by a member), to a maximum of three years andno implication that the Member shall be considered for promotion or tenure. AMember on a limited term contract may apply for promotion in any but the lastyear of the term appointment.
b) Probationary (Tenure-track)
i. Probationary appointments aredefined as appointments lasting up to a maximum of five (5) years, during whichthe Employer and the Member are afforded an opportunity for mutual appraisal.
ii. A probationary appointmentcontemplates an initial appointment of three (3) years and a reappointment fortwo (2) years. A probationary appointment, however, does not implyreappointments will be automatic or that tenure will be granted at the end ofthe appointments or reappointments; it does imply that the Employer will giveserious consideration to awarding tenure.
iii. The initial probationaryappointment shall be for three (3) years.
iv. A subsequent probationaryappointment shall be for two (2) years.
v. Renewal of a probationaryappointment will require satisfactory performance and a clear indication ofgood progress toward eligibility for granting of tenure.
c) Tenure
Tenure means permanency of appointment. In the interest of theUniversity community and of society at large, tenure protects free criticismand independent judgment, and hence forms an integral part of academic freedom.Such an appointment may be terminated through resignation, retirement,dismissal for cause, or as otherwise stated in this Agreement.
13.07 Appointment Procedure forFull Time Members
a) All new appointments must beadvertised within the University and outside the University in suitablenational publications, such as University Affairs and the Canadian Associationof University Teachers’ Bulletin. The President or his/her designate, inconsultation with the Department, will identify appointments and core areasneeded for the Department.
b) The department in which theappointment is to be made shall establish a search committee consisting of atleast three (3) persons, including the department Chair, a representative ofanother department, a Member designated by the President. All full-time Members of the Department shallalso be allowed to sit on the committee. The candidate will present a lecture toa group of students, who will evaluate the lecture as part of the appointmentprocedure.
c) The departmental committeeshall recommend draft advertisements to the President or his/her designate,review applications, conduct interviews, consult with the President andrecommend candidates to the President in a written reasoned report
d) The President shall make anappointment taking into consideration the reasoned recommendation of thedepartmental committee.
13.08 The rank and starting salary ofa new appointment shall be established by the President considering the newappointee’s teaching, research, and/or other relevant professional experience.Such salary shall be consistently established in relation to other newappointees.
13.09 Appointment Procedure forSessional Members
a) Appointments are first offeredto Members with establishment in the course.
b) If an appointment cannot befilled by a Member with establishment, Sessional appointments shall be madefrom rosters of names of potential instructors maintained by the Employerprovided they meet the qualifications of the posting. This will enable appointments to be madeexpeditiously and at the same time in a way that honours SessionalMembers.
c) Rosters shall consist ofMembers who have taught in the department in the previous academic year. SessionalMembers on the University roster shall be notified of the courses expected tobe offered in their Department in all sessions of the upcoming year. This shall be done by April 15. Sessional Members interested in teaching anyof the available courses shall send a letter of application and a current CV tothe President by May 15.
d) If an appointment cannot befilled by a Member with establishment or by a Member on the roster, theappointments will be advertised on employment websites
e) The application processconsists of the submission of a curriculum vitae, a current teaching dossier,reference letters as outlined below and any relevant supplementary information,which shall be filed with the President of the University. Members are responsiblefor updating their curriculum vitae and teaching dossiers.
f) The President will makeappointments on the basis of a recommendation from the Chair of the Departmentin consultation with full-time Members of the department.
g) Three academic letters ofreference speaking specifically to the position will be sent directly to theEmployer from the referee where the appointment is for a new applicant, it is anew course offering or the course is out of the applicant’s expertise ordepartment.
LUFA-H Collective Agreement 2016-2020
14.01 Huntington UniversityFaculty Affairs Committee
In recognition of the centrality of peer evaluation, there shall bea Huntington University Faculty Affairs Committee (HUFAC) whose role is toprovide recommendations to the President on such applications from Faculty,including:
Renewal of probationary appointments;
Promotion;
Tenure.
14.02 HUFAC Membership
a) The Chair of the HUFAC shall beappointed by the President of the University and shall not be a member ofLaurentian University Faculty Association. The Chair of HUFAC shall appoint thecommittee Membership with the approval of the Joint Labour ManagementCommittee.
b) The committee shall consist offive (5) tenured Huntington Members, plus the Chair, except as outlined in 14.02b) (ii), (iii) and (iv) below.
(i) Any shortfall in HuntingtonMembers shall be selected with the approval of the Joint Labour ManagementCommittee, drawn from tenured Members of the Federated Universities or, fromthe Faculty of Arts, the Faculty of Health or the Library at LaurentianUniversity. Not more than onenon-Huntington Member shall be drawn from the same academic unit.
(ii) In the case of the evaluationof the Librarian, one of the five (5) members will be a tenured Librarian fromLaurentian University.
(iii) In the case of the evaluationof a member from Gerontology, the member may request that one of the five (5)members be a tenured faculty member from the Faculty of Health. This request will not be unreasonably denied.
(iv) In the case of the evaluationof a member from Communication Studies or Religious Studies, the member mayrequest that one of the five (5) members be a tenured faculty member from theFaculty of Arts. This request will notbe unreasonably denied.
14.03 An applicant may ask that aHUFAC Member recuse herself/himself on the grounds that a conflict of interestexists. The applicant shall state the reasons in writing to the Chair of theCommittee. The Chair shall render adecision with reasons in writing to the applicant and the Member inquestion. Even without a request fromthe applicant, the Chair of HUFAC may require a Member to recuseherself/himself on the grounds that a conflict of interest exists. A Member may recuse herself/himself on her/hisown volition.
14.04 Members of the committee arerequired to keep strict confidentiality on all matters discussed at meetings,especially the comments of referees.
14.05 The applicant shall beinterviewed by the committee, and be provided an opportunity to address anyconcerns the Members may have.
14.06 Applications for probationaryrenewal, promotion, and tenure must be filed by 30 September of each year, andmust include all necessary supporting documentation. Members on probationaryappointments shall normally begin to undergo a formal tenure evaluation by theHUFAC in the final year of their probationary status. However, a Member mayapply for tenure evaluation one year prior to the final year. A Member may notbe considered for tenure more than twice. Members applying for promotion to Full Professor or Full Librarian mustsubmit their complete application in both print and electronic formats.
14.07 All votes on applicationsbefore the committee will be written and will supply supporting reasons for therecommendation being made by the committee Member. The votes will be providedto the Chair who will record them and draft a summary of the reasons given. TheChair will incorporate the recommendation and reasoned summary into the minutesof the committee which require approval prior to being forwarded to thePresident, applicant and the Union. The minutes and written votes shall bemaintained by and kept in the office of the President.
14.08 The recommendation of thecommittee shall be sent to the applicant at the same time it is sent to thePresident. All letters of recommendation shall include the following: “TheMember may make written representations to the President within ten (10)working days of the date on which the HUFAC forwards to the Member a copy of itsdecision to the President.”
14.09 The committee shall issue itsrecommendations no later than 1 December, except for applications to FullProfessor or Full Librarian, the committee shall issue its recommendations nolater than 1 February.
14.10 The committee’s recommendationwith respect to tenure or renewal or promotion shall be considered by thePresident in making a decision on the application. In order that peer reviewand due process be respected, all recommendations shall be set forth in writtenform, including the findings and grounds and reasons supporting these findings.Further, all decisions of the President on these matters, and the reasons forthem, shall also be set forth in writing. In cases where the President intendsto reverse recommendations from HUFAC, the President shall first refer thematter(s) back to HUFAC, giving written reasons for the potential reversal, andseeking further clarification from HUFAC. In making a final decision, thePresident shall also take into consideration any representations made by theMember as well as the response of the committee to the specific concernsaddressed. Such decision shall be communicated to the applicant in writing nolater than 15 February of the academic year in which the assessment takesplace, except for applications to Full Professor or Full Librarian, such decision shall be communicated to the applicant in writing no later than 15April of the academic year in which the assessment takes place. If the President’s decision is negative fortenure or renewal, it shall be communicated in writing to the applicant withreasons for the decision.
14.11 Committee Documentation
The committee shall have recourse to the following documents inaddition to the application in order to assess the Member’s application:
a) The HUFAC Chair shall request awritten assessment from each Full Time Member of the applicant’s department.
b) Senate-approved student courseevaluations and the material provided in the applicant’s teaching dossier;
c) an up-to-date curriculum vitae that detailsthe applicant’s scholarly research activity and University service record;
d) those parts of the Member’scurrent personnel file that are relevant to the matter being discussed. TheMember shall be provided with a list of material from the personnel file thatis being considered which has not accompanied the application.
14.12 Quorum shall consist of thefull committee.
LUFA-H Collective Agreement 2016-2020
Criteria
15.01 Evaluations of applicants shallbe based upon an assessment of the applicant’s performance inteaching/librarianship, scholarly activity, and university, professional andcommunity service as set out in Article 11, Academic Activity. The applicant shall identify all the specific items according to which the committee willassess the applicant’s scholarly activity.
15.02 In addition to the items setout in Article 11, Academic Activity, in conducting evaluations for the purposeof recommending renewal of probationary appointments, the committee shallreview both prior performance and provide necessary formative comments as towhat further is required for the obtaining of tenure, as well as any concernsraised about satisfactory performance.
15.03 In addition to the items setout in Article 15.01, in conducting evaluations for the purpose of tenure, thecommittee shall invite each tenured Member of the academic staff of Huntingtonto submit a written evaluation of the applicant based on the provisions ofArticle 11, Academic Activity, along with a recommendation regarding theoutcome of the application;
a) assess the Member’s scholarlyactivity performance based on the applicant’s curriculum vitae and on suchmaterial submitted by the applicant as the applicant deems relevant andappropriate.
LUFA-H Collective Agreement 2016-2020
Criteria
16.01 Promotion shall mean theadvancement from one rank to the next higher rank.
16.02 A Member is eligible to applyfor promotion while on leave, but the Member is responsible for maintainingcontact with the University and for all expenses incurred in making appearanceswhen requested.
16.03 Members shall normally applyfor their own promotion. Applications may also be submitted by Members or bythe President on behalf of Members who have not applied themselves, where theMembers have declared their willingness to be considered.
16.04 In addition to the items inArticle 15, Renewal and Tenure Evaluation, an application for promotion shallinclude a copy of the research and creative works the applicant wishes to have considered,and, where the application is for promotion to Full Professor, the names of thereferees as required by Article 13, Faculty Appointments.
16.05 Unless otherwise stated in thisAgreement, promotions shall be effective on 1 July of the academic year followingthe year in which the application was made and approved. A Lecturer who obtainsa doctoral degree shall have an approved promotion to Assistant Professor. Thepromotion shall be effective the first day of the month following theUniversity receiving a diploma or a letter from the University where thedoctorate was obtained, that indicates all conditions for the doctorate have been met.
LUFA-H Collective Agreement 2016-2020
a) The assessment of a Member’steaching performance shall be based on Senate-approved course evaluations andthe Member’s annual teaching dossier.
b) Members shall have access tothe results of course evaluations prior to their use by the University.
c) It is the responsibility ofMembers to maintain on an annual basis their teaching dossiers, which shallcontain for each course taught sufficient material to allow the evaluation of thecontents of the course, the teaching/learning process, the means of assessingthe performance of the students, and any other material the Member deemsrelevant to the duties of teaching. This will include, but is not limited to,course syllabi, representative incidental handouts, sample examinations,multi-media presentations and course notes.
d) Committees which use theresults for the course evaluations and the contents of the teaching dossier intheir deliberations shall receive suitable guidelines on their use andinterpretation from the President.
e) The contents of the personnelfile, excluding medical information unless express consent is given by theMember.
17.02 Priorities
a) The work of a Member falls intoa number of categories as listed in Article 11, Academic Activity. Thesecategories differ in significance, and they are also variable according to thenature of the evaluation underway. Thus, while teaching is the highest priorityduring tenure and renewal evaluation, teaching and research activity aretogether the highest priority during promotion evaluation.
b) Notwithstanding the primaryconsiderations noted above, the Parties recognize that the University benefitsgreatly from significant contributions in many areas including academicadministration and/or university governance, continuous involvement in aMember’s professional/learned society, or in community activity directlyrelated to the work of the University. Members who have made such contributionsmay have them compensate for lesser performance in another area.
c) Notwithstanding the prioritiesnoted above, the University does benefit greatly from the contributions ofMembers who are exceptional teachers. Members who can make such a contributionmay have this compensated for lesser performance in another area.
17.03 Reporting
Every assessing body shall put forward its recommendation ordecision in written form, setting forth its findings and grounds forrecommendation or decision in order that a Member may know which factors werepersuasive in a recommendation or decision.
LUFA-H Collective Agreement 2016-2020
18.01 Official personnel files of aMember shall be kept by the Office of the President. This file shall be theonly file used in decisions respecting terms and conditions of employment of aMember except as required by law. The documents comprising the file shall beaccurate paper copies.
18.02 Members shall have the right toexamine all of their personnel files during normal business hours, after noticein writing, in the presence of the President or his/her designate. Material inthe files which is held to be confidential according to the provisions of thisAgreement will be removed from the files prior to their inspection by theMember. However, an inventory of this confidential material will be provided tothe Member.
18.03 Members shall have the right tohave their files supplemented or corrected in the event of error or inadequacy.Members shall have the right to provide additional material for inclusion intheir personnel files.
18.04 No anonymous material can be keptin the file or used in any formal proceeding, with the exception ofSenate-approved student evaluations.
18.05 Letters of assessment receivedin relation to the appointment of a Member shall be confidential and shall notbe submitted as evidence in any subsequent proceedings.
18.06 Letters of reprimand areinadmissible evidence if used against a Member for any purpose when no furtherdisciplinary measures have been imposed on the Member for two subsequentacademic years. After three academic years with no further discipline, lettersof reprimand will be removed from the Member’s personnel file and destroyed. AMember may not claim that the Member’s disciplinary record is clear for morethan three (3) years if that has not been the circumstance.
18.07 None of the contents of thefile may be released or made available to anyone without the express writtenconsent of the Member, except where required for official Universityadministrative purposes, grievance and arbitration purposes, other purposesdescribed within this Agreement, or by law.
LUFA-H Collective Agreement 2016-2020
19.01 Normally a Member may resigneffective June 30 or December 30, with at least one month’s written notice tothe President. All leaves to which a resigning Member would be entitled shallbe terminated at that date.
19.02 Employment may be terminated atany time by mutual written agreement between a Member and the President.
LUFA-H Collective Agreement 2016-2020
20.01 The following days and all daysgenerally declared to be recognized holidays by Federal or Provincial authoritiesare recognized holidays, and paid time off shall therefore be give to Members:
a) Family Day, Good Friday, EasterMonday, Victoria Day, Canada Day, August Civic Holiday, Labour Day,Thanksgiving Day, Christmas Day, Boxing Day, New Year’s Day, President LudoWinckel Day and a Silas Huntington Day to be taken by the Member as long asthere is no conflict with their teaching responsibilities;
b) Other holidays as declared bythe Employer, including the customary Christmas recess.
20.02 Members shall receive designatedholidays off from work without any loss of regular earnings.
20.03 Pay rates include publicholiday pay and vacation pay except as otherwise stated in this Agreement.
LUFA-H Collective Agreement 2016-2020
21.01 In addition to designatedholidays, each full-time academic staff Member is entitled to a vacation oftwenty-five (25) working days, after eleven (11) months of service and annuallythereafter. Employees on contracts of less than one-year (1) duration areentitled to a pro-rated period of vacation. When an employee has accumulatedfive (5) full consecutive years of employment at the University, for each yearof employment thereafter he/she shall be entitled to an additional two (2) days of vacation to a maximum entitlement of thirty-five (35) working days.
21.02 Members on sabbatical leave orstudy leave will be deemed to have used up, during their leave, all theirvacation entitlement accrued prior to the commencement of the leave. On July 1next occurring after the Member’s return from leave, the Member shall receivethe normal vacation entitlement set out above.
21.03 Where a Member is required totake the vacation to which he/she is entitled and the Member has to teachduring the spring session, at the discretion of the President, considerationwill be given to accumulating the requested vacation entitlement in thefollowing year.
21.04 Members will continue toreceive their normal earnings during vacation periods, but there shall be noremuneration in lieu of vacation in the event that a Member chooses not to takehis /her vacation entitlement.
21.05 Members shall schedule theirvacation between June 1 and Labour Day unless prior permission for another timehas been granted by the President.
21.06 Members may take their annualvacation at any time in the period set out above provided that
a) the period of the vacation doesnot conflict with a time during which the Members have scheduled dutiesassigned to them, and
b) the Members have advised thePresident of their vacation dates one month in advance.
21.07 In the event of the death of aMember, the value of any unused vacation entitlement will be paid to thebeneficiary of the Member’s estate.
21.08 Sessional Members will receivethe negotiated percentage in lieu of vacation leave.
LUFA-H Collective Agreement 2016-2020
22.01 Normally, full-time academicstaff shall take their regular sabbatical leave when eligible for the purposeof fostering the pursuit of knowledge and to serve the academic and scholarlyobjectives of the University.
22.02 All tenured Members areeligible for sabbatical leave on the basis of one (1) full year’s leave forevery six (6) years or on the basis of six (6) months for every three (3) yearsof full-time employment at the University. The University may require that a sabbatical be delayed up to three (3) years due to departmental oradministrative reasons provided to the Member in writing by the President, withreasonable notice and after consultation with the Member’s department. In suchcases, there will be a 5% increase in the sabbatical stipend for each year. Ingranting the first sabbatical leave to a Member, credit may, at the discretionof the President be given for previous service, to a maximum of three (3)years.
22.03 A Member requesting a six-month(6) sabbatical leave after six (6) years of continuous full-time employmentshall receive 100% of the Member’s regular salary.
22.04 A Member taking a twelve-month(12) sabbatical leave after six (6) years of continuous employment is entitledto a stipend equivalent to 85% of the salary they would have normally received.
22.05 A Member requesting asabbatical leave shall provide the President with a dossier by 30 September of the year prior to the leave,and it should include the report of the previous sabbatical, an outline of theproposed plans which explains why these should contribute to the Member’sscholarly, pedagogical or professional development, an updated curriculumvitae, an explanation of the locale chosen, a summary of the Member’spreparation for that project, and a statement of scholarly and/or professionalachievements since the previous sabbatical, and, where applicable, plans totake paid employment elsewhere.
22.06 The President shall reach adecision as to the granting of sabbatical and shall transmit it to the Memberno later than 15 December of the academic year preceding that in which theleave is to take place.
22.07 A sabbatical leave is for aperiod of twelve (12) months, commencing on 1 July, or for six (6) monthscommencing on 1 July or 1 January. No portion of the academic year in which asabbatical leave is taken shall count toward the years of eligibility entitlement pursuant to Article 22.02 above. A sabbatical leave includes theappropriate vacation entitlement proportional to the length of the leave.
22.08 Upon return, all accumulatedyears of eligibility entitlements shall be exhausted, unless a sabbatical hasbeen delayed past its normal date due to a request made by the President. TheMember may apply to receive part of the stipend as a research grant to coverresearch and travel expenses. The Member is responsible for making the properapplications in accordance with the applicable provincial or federal statutes. Uponthe Member’s request, the Employer will provide a portion of the sabbaticalleave stipend as a research grant subject to provincial and federalregulations. A Member who receives sucha research grant from the Employer must make the necessary deductions anddeclarations as applicable under either the federal or provincial laws. The Employer accepts no responsibility inthis regard. The maximum amount of this stipend will normally be no more than10% of gross salary. Exceptions may be made at the discretion of the President.
22.09 Compensation for sabbaticalleaves coincides with the Collective Agreement in place. Salary, benefits and other provisions will beadjusted according to any new agreement between the Board and the Association.
22.10 A Member on sabbatical leaveshall continue, subject to the terms of such policies, to be covered by theUniversity’s group benefit plans, and the University shall continue its normalcontributions toward the premium costs for such plans.
22.11 The University and the Membershall continue normal percentage contributions toward the Member’s pensionplans based on the Member’s regular salary. The period of leave shall beincluded as credited years of service in determining University pensionbenefits.
22.12 Members on sabbatical leaveshall continue to be Members of the Bargaining Unit and enjoy all duties andobligations arising therefrom.
22.13 While on sabbatical leave, aMember may accept, with the prior written permission of the President, paidemployment outside the University.
22.14 Immediately following thecompletion of a sabbatical leave, the Member is required to return to theUniversity for a period equal to the length of the leave taken, or to satisfysome other arrangement that is mutually acceptable to the Member and theUniversity. Failure to return to the University shall require the Member toreimburse the Employer for all of the salary and benefits received during theleave, except as such obligations may be waived by the Employer.
22.15 Within thirty (30) working daysof the date of return to the University from a sabbatical leave, the Membershall submit to the University a detailed written report of scholastic orprofessional activities undertaken during the leave. The report shall becomepart of the Member’s personnel file.
LUFA-H Collective Agreement 2016-2020
23.01 A study leave with pay isgranted to enable a Member to pursue a program of study of benefit to theMember and in order to meet specific needs of the University. Study leaveperiods may vary to a maximum of twelve (12) months and may be renewablewithout compensation. A study leave includes the appropriate vacationentitlement proportional to the length of the leave.
23.02 A Member on study leave shallreceive 30% of the Member’s salary to a maximum of $40,000. Time spent on anyother type of leave with a period of more than six (6) months, including LTDleave, shall not count toward the eligibility requirements of three (3) yearsof uninterrupted service, nor toward years of service for the purpose ofdetermining salary while on study leave.
23.03 Members on study leave shallcontinue to be Members of the Bargaining Unit and shall continue to have duesdeducted from their salaries.
23.04 A Member seeking study leaveshall submit a written application to the President by 1 October of the yearimmediately preceding the academic year for which the leave is requested. Theapplication shall include the following information:
a) the period of the leave;
b) a statement of the proposedprogram of study and of its academic value to the Member and to the University.
23.05 Before 15 December, thePresident, after consulting the department Chair, shall notify the applicant inwriting whether the study leave has been approved, and shall state the reasonsin case of non-approval of such an application. A successful applicant maycancel the leave by notifying the President in writing no later than 31January.
23.06 It is understood that a Membershall be required to return to the University for a period not less than thestudy leave, or to repay the amount of the stipend.
23.07 Within thirty (30) working daysof returning from study leave, the Member must prepare and forward to the Presidenta full written account of the scholastic activities undertaken during the studyleave.
LUFA-H Collective Agreement 2016-2020
24.01 Members shall adviseadministration of a leave for illness, family issues or any other reason notedin this agreement as soon as possible in order to properly arrange to coverteaching and administrative responsibilities.
24.02 Leave of Absence WithoutPay
a) A Member may apply for and theEmployer may grant a leave of absence without pay for a period of up to 24months. Faculty members on a leave of absence from the University and employedat another University in a tenure or tenure track faculty position shall bedeemed to have resigned from the University six (6) months after theiremployment at that other University begins.
b) The Member shall apply inwriting to the President, who shall consult with the Member’s department.
c) The President shall approve ordeny the leave in writing to the Member, with a copy to the Union.
d) If the leave is approved, theterms of the leave shall be set out in the written notification.
e) A Member granted such a leavefor the purposes of taking employment elsewhere pursuant to the terms of thisArticle, who wishes to maintain such group insurance coverage as is permissibleby the terms of the plan shall be responsible for payment of the total premiumcost.
24.03 Special Needs
A Member shall be eligible for a paid leave of absence for a periodof up to four (4) weeks to fulfill responsibilities relating to the specialneeds of a Member of the Member’s family. Special needs may include, but arenot restricted to, resettlement of aged or disabled parents, serious illness ofparents, partner or child, medical treatment of partner or child that cannot beprovided in the Sudbury region. The teaching/professional and serviceresponsibilities of a Member on this type of leave shall be assumed by theircolleagues without additional expense to the Employer.
24.04 Bereavement/Compassionate
In the event of the death of a Member of a Member’s family, theMember shall be granted a leave of absence of at least seven (7) working dayswithout loss of pay. If more than sevendays is requested, the President shall decide the maximum number of leave daysgranted to qualify for this leave.
The term “Member of a Member’s family” means
Spouse (which includes common-law spouse and same-sex)
Child (which includes step-child)
Sibling (includes step-sibling)
Parent (includes step-parent)
Parent-in-law
Sibling-in-law
Grandparents
Guardians
Grandchildren
Daughter-in-law and son-in-law
24.05 Court Leave/Jury Duty
a) Leave of absence with pay shallnormally be granted to any Member, other than Members on a leave of absencewithout pay, who are required to serve on a jury or to attend as a witness oran expert in a court of justice or before any legal or statutory body in Canadawith power to compel the attendance of witnesses before it.
b) The Member shall notify thePresident/Chair/Coordinator in advance, in writing, and shall provide proof ofhis/her attendance. A Member shallattempt to make arrangements to ensure that his/her duties are properly carriedout during the period of his/her absence.
c) Leave with pay does not applyto a Member serving a sentence or appearing as a witness on his/her own behalf.
d) When a Member wishes time offin order to pursue a civil action in court, the Member shall apply to thePresident for leave of absence without pay.
LUFA-H Collective Agreement 2016-2020
25.01 Pregnancy Leave
a) A pregnant Member shall beentitled to seventeen (17) weeks of Pregnancy Leave.
b) During the period of pregnancyleave as specified in Article 25.01, a Member shall receive from the Employer
i) for the first two (2) weeks,100% of her nominal salary,
ii) for up to a maximum of fifteen(15) additional weeks, an amount equal to the difference between the EmploymentInsurance (EI) benefits received by the Member and 100% of the Member’s nominalsalary subject to 25.01 (c).
c) If the Member is disentitled ordisqualified from receiving EI benefits or should EI cease to provide coveragefor pregnancy benefits or adjust the amount of benefits that were receivedthen, the Employer shall maintain the Member at 100% of her nominal earningsfor the period of her leave unless the Member is disqualified or reduced due tofraud or for engaging in alternate employment.
25.02 Notice Required forPregnancy Leave
a) The Member shall give theemployer at least four (4) weeks’ written notice of the date the pregnancyleave is to begin. The notice period may be altered by mutual agreement.
b) The notice period in Article25.02 a) shall not apply if the Member stops working because of complicationscaused by her pregnancy or because of a birth, still birth or miscarriage.
25.03 Duration of Pregnancy Leave
a) The pregnancy leave of a Memberwho is entitled to take parental leave shall end seventeen (17) weeks after thepregnancy leave began. In the case where the newborn child is hospitalized, aMember may postpone or interrupt her pregnancy leave by the number of weeks thenewborn child is hospitalized but it must be taken within the fifty-two (52)weeks from the date of the birth of the child.
b) The pregnancy leave of a Memberwho is not entitled to take parental leave shall end on the later of either theday that is seventeen (17) weeks after the pregnancy leave began or the daythat is six (6) weeks after the birth, still birth or miscarriage.
25.04 Leave for Parent Not TakingParental Leave
On the occasion of the birth of a child or the adoptionof a child coming into the care or custody of a parent for the first time, thechild’s parent who is not taking the pregnancy or the parental leave shall beentitled to a leave with full salary and benefits of up to six (6) weeks, to betaken at the discretion of the Member within the fifty-two (52) weeks from thedate of the birth of the child or the adoption of a child coming into the careor custody of a parent for the first time.
25.05 Parental Leave on theOccasion of the Birth of a Child
a) On the occasion of the birth ofa child, a Member who is a parent and who has opted to take parental leaveunder the Employment Insurance Act and applicable legislation shall be entitledto a parental leave of up to thirty-five (35) weeks.
b) During the period of parentalleave as specified in Article 25.05 a.), a Member shall receive from theEmployer
i) for the first two (2) weeks,100% of the Member’s nominal salary,
ii) for up to a maximum of seven(7) additional weeks, an amount equal to the difference between the EI benefitsreceived by the Member and 100% of the Member’s nominal salary subject to 25.05(c).
c) If the Member is disentitled ordisqualified from receiving EI benefits or should EI cease to provide coveragefor parental benefits or adjust the amount of benefits that were received, theEmployer shall maintain the Member at 100% of the Member’s nominal earnings forthe period of the leave unless the Member is disqualified or reduced due tofraud or for engaging in alternate employment.
25.06 Parental Leave on theOccasion of the Adoption of a Child or birth of a child through Surrogacy
a) On the occasion of the adoptionof a child coming into the care or custody of a parent for the first time, aMember who is a parent shall be entitled to a parental leave of up to thirty-seven(37) weeks. The parental leave must be commenced within the fifty-two (52)weeks from the date the child comes into care or custody of the parent for thefirst time.
b) During the period of parentalleave as specified in Article 25.06.a), a Member shall receive from theEmployer
i) for the first two (2) weeks,100% of his/her nominal salary,
ii) for up to a maximum of (15)additional weeks, an amount equal to the difference between the EI benefitsreceived by the Member and 100% of the Member’s nominal salary subject to 25.06(c).
c) If the Member is disentitled ordisqualified from receiving EI benefits or should EI cease to provide coveragefor parental benefits or adjust the amount of benefits that were received, theEmployer shall maintain the Member at 100% of the Member’s nominal earnings forthe period of the leave unless the Member is disqualified or reduced due tofraud or for engaging in alternate employment.
25.07 Notice Required forParental Leave
a) A Member shall give writtennotice to the Employer of the Member’s intention to take a parental leave atleast four (4) weeks prior to the commencement of such leave. The notice periodmay be altered by mutual agreement.
b) The notice period in Article25.07 a) shall not apply if the Member stops working because the child comesinto the custody, care and control of the parent sooner than expected.
25.08 Extended Parental Leave
An extended parental leave without pay, up to a maximum of one (1)year, shall be given to Members who request it. Members must continue to pay uniondues in order to remain within this Collective Agreement. Group benefits maycontinue to be paid by the employee during this leave.
25.09 General Considerations
a) During leaves under thisArticle, the Member shall continue to participate in the pension plan and theother benefit plans set out in this Collective Agreement. The Member and theEmployer shall each continue to pay their applicable share of contributionsand/or premiums, unless the Member elects not to do so in writing.
b) Nothing in this Article shallprevent a Member from claiming sick leave for absences from work due toillnesses.
c) Upon return to work, a Memberwho has taken leaves under this Article shall resume the Member’s formerposition with the Member’s full nominal salary and benefits as provided forunder this Agreement.
d) The period of a Member’s leaveshall be included in the calculation of the Member’s length of service forseniority purposes.
e) A Member on pregnancy orparental leave may elect to defer contractual decisions on reappointment ortenure by an equivalent period of time. When a Member elects to defer suchdecisions, the Member shall provide the President with written notice of theMember’s intention.
f) The Parties agree that theprovisions of this Article shall be no less than those in the ProvincialEmployment Standards Act/Legislation and Employment Insurance Act as may befurther amended. Differences in the interpretation of this Article shall beresolved based on consistency with the Acts.
g) Nothing in this Article shallprevent a Member claiming pregnancy or parental leave during a sabbaticalleave. Any unused portion of a sabbatical leave shall be taken at a timemutually acceptable to the Member and the President.
h) If both parents are Members,they may share their paid periods of leave between them and not to exceed theagreed upon threshold.
LUFA-H Collective Agreement 2016-2020
26.01 Compensation for full timeMembers shall be as follows:
a) a scale increase equal to thatnegotiated in the Laurentian University Collective Agreement for 2016/2017,2017/2018, 2018/2019, 2019/2020.
b) A progress-through-the-rankincrement as negotiated in the Laurentian University Collective Agreement for 2016/2017,2017/2018, 2018/2019, 2019/2020.
c) the base structure salary asnegotiated by Laurentian University CollectiveAgreement.
26.02 Overload stipend for afull-time academic staff will be equivalent to the base pay of a SessionalMember for teaching a course.
26.03 Under regular circumstances, acourse taught in spring session puts a Member in an overload position. Theoverload does not apply if, due to cancellation of a course during fall-wintersession, a Member is required to teach a course in the next spring session tocomplete his/her required workload.
26.04 Members will receive a stipendto assist with marking. One of thefollowing stipends will be paid to the Member based on the total enrolment oftheir load (fall/winter). Each studentenrolled in a 3 credit course counts as one (1) and each student enrolled in a6 credit course counts at two (2).
100-150students $ 750.00
151-200 students $1,000.00
201-250 students $1,250.00
251-300 students $1,500.00
301-350students $1,750.00
351-400 students $2,000.00
401+ students $2,250.00
26.05 Merit awards are awarded by thePresident and do not become a permanent part of the Member’s salary structure.The Member who is awarded a merit award may elect to receive the whole or partof the bonus in the form of an equivalent enhancement to the professionalallowance.
26.06 All merit awards have the valueof one (1) three-credit (3 credits) overload payment.
26.07 No one shall receive a meritaward more than once every three years.
26.08 To receive the merit award therecipient must have achieved excellence in teaching, scholarship, governanceand/ or community service.
26.09 Members supervising a thesisstudent will receive three hundred and thirty-three dollars ($333) per studentor a 1/3 credit value.
26.10 Where a 4000 elective course isnot part of a full-time Member’s regular teaching workload or a Sessional Member's teaching assignment, andthe course has less than the normally required fifteen (15) students, theMember shall be compensated at a rate of five hundred dollars ($500) for a six(6) credit course or two hundred and fifty dollars ($250) for a three (3)credit course per student times the number of students registered in the courseup to a maximum of 14 students.
LUFA-H Collective Agreement 2016-2020
27.01 The Employer shall issuewritten letters of appointment no later than July 15 for employment startingSeptember 1st, and no later than November 15 for employment starting January1st and no later than March 15 for employment starting May 1st.
27.02 Sessional Members shall be paidas follows for each three-credit course:
WithoutEstablishment
|
| Base Pay | 4 % in lieu of vacation | 4% in lieu of benefits | Total rate of pay |
| July 1, 2016 | $6,552 | $262 | $262 | $7,076 |
| July 1, 2017 | TBA* | TBA* | TBA* | TBA* |
| July 1, 2018 | TBA* | TBA* | TBA* | TBA* |
| July 1, 2019 | TBA* | TBA* | TBA* | TBA* |
With Establishment
|
| Base Pay | 4 % in lieu of vacation | 4% in lieu of benefits | Total rate of pay |
| July 1, 2016 | $6,880 | $275 | $275 | $7,430 |
| July 1, 2017 | TBA* | TBA* | TBA* | TBA* |
| July 1, 2018 | TBA* | TBA* | TBA* | TBA* |
| July 1, 2019 | TBA* | TBA* | TBA* | TBA* |
*asnegotiated by Laurentian University
27.03 Sessional Members shall qualifyfor establishment when they have been offered a contract to teach a coursethree (3) times in the last five (5) offerings at a designated campus.Establishment lapses if the Member has not taught the course over a two-year(2) period, except in a circumstance where the Sessional Member has been on anapproved sick leave. The redescriptionof a course shall not affect establishment. A full-time Member’s right to teacha course supersedes the right of a Sessional Member with establishment to thecourse. Establishment shall be sitespecific.
27.04 The employer shall maintain anestablishment list, which includes a Member’s acquired establishment and theMember’s status. This list shall be updated regularly and shall be communicatedto the association by March 1.
27.05 Sessional Member positions, andother accrued rights must conform with Article 13 (appointments), Article 12(workload), and any equity policies and provisions.
27.06 Individual Sessional contractsshall specify the term of the contract and the tasks to be performed.
LUFA-H Collective Agreement 2016-2020
28.01 Where the teaching of adistance-education course is part of a full-time Member’s normal workloadassignment, it shall be equivalent to the credit value of the course. Full-TimeMembers may only teach three (3) credits of envision in their normal workload. The development of a distance-educationcourse in this circumstance shall be considered as twice the credit value ofthe course.
28.02 For the purposes of calculatingSessional workload caps, distance-education course credits shall be calculatedat one (1) credit for every fourteen (14) students per four (4) months.Compensation for courses with enrolments greater than forty- two (42) students(3 credits) shall be paid per student without affecting the credit weight.
28.03 Distance courses i.e. manuals,study guides etc. will normally be developed by qualified full time academicstaff. Where full time academic staffare not available or do not have expertise in the field, the chair will requesta posting to hire someone with the proper qualifications.
28.04 Where the supervision of adistance-education course is not part of a full-time Member’s normal workloadassignment, or where it is assigned to a Sessional Member, the Member shall becompensated at the following rates:
| 2016-2017 | Without establishment (6 credit course) | With establishment (6 credit course) | Without establishment (3 credit course) | With establishment (3 credit course) |
| Base Rate 1-5 students | $1608 | $1608 | $804 | $804 |
| For each additional student >5 | $256 | $262 | $128 | $131 |
| 2017-2018 | Without establishment (6 credit course) | With establishment (6 credit course) | Without establishment (3 credit course) | With establishment (3 credit course) |
| Base Rate 1-5 students | $TBA* | $TBA* | $TBA* | $TBA* |
| For each additional student >5 | $TBA* | $TBA* | $TBA* | $TBA* |
| 2018-2019 | Without establishment (6 credit course) | With establishment (6 credit course) | Without establishment (3 credit course) | With establishment (3 credit course) |
| Base Rate 1-5 students | $TBA* | $TBA* | $TBA* | $TBA* |
| For each additional student >5 | $TBA* | $TBA* | $TBA* | $TBA* |
| 2019-2020 | Without establishment (6 credit course) | With establishment (6 credit course) | Without establishment (3 credit course) | With establishment (3 credit course) |
| Base Rate 1-5 students | $TBA* | $TBA* | $TBA* | $TBA* |
| For each additional student >5 | $TBA* | $TBA* | $TBA* | $TBA* |
* as negotiated byLaurentian University
28.05 The development of a distanceeducation course shall be equivalent to twice the credit value of the course.
28.06 The revision of a distanceeducation course shall be equivalent to the credit value of the course.
28.07 The Employer will determine thenumber of students enrolled in a course as of November 1, February 1 or June 22and compensation shall be paid based on the number of students registered inthe course.
28.08 Where the supervision,development or revision of a distance education course is assigned to asessional Member, the appointment process must conform with Article 13Appointments and Article 12 Workload.
LUFA-H Collective Agreement 2016-2020
29.01 The Employer acts in concertwith Laurentian University in regard to making fringe benefits available tofull-time Members, including the following:
Semi private Hospital Coverage
Group Life Insurance Plan
Accidental Death and Dismemberment Plan
Dependent Group Plan
Extended Medical Plan
Dental Plan
Long Term Disability Plan
Retirement Plan
29.02 The cost of the premiums shallbe shared by the University and the Member on the following basis:
University Member
Semi-privatehospital coverage 90% 10%
Lifeinsurance: (includes A.D.&D. and D.G.P.) 50% 50%
Extendedmedical 90% 10%
Dentalcare plan 90% 10%
Long-termdisability 100%
Retirementplan
29.03 Pension premiums, benefits, andoffsets shall be as negotiated in the current Laurentian University CollectiveAgreement.
29.04 Any Member on an unpaid leaveof absence shall make special arrangements for benefit coverage as outlined inArticle 24, Leave of Absence without Pay.
29.05 Short-term Disability forFull-time Members
a) There shall be a short-termsick-credit accumulation bank.
b) Full-Time Members will receive60 sick day credits at the initiation of employment.
c) Full-time Members shall subsequentlyaccumulate sick credits at the rate of 1.5 sick-leave days per month of activeservice to a maximum of 120 sick day credits.
d) Where a full-time Member isabsent due to legitimate illness, the Member may draw sick credits from thebank to the extent of the Member’s sick day credits.
e) The Member shall inform thePresident as soon as possible of the Member’s illness so that adequatealternate arrangements can be made to fulfill the Member’s duties.
f) The President may, withreasonable notice, request that the Member provide an acceptable medicalcertificate stating to the extent possible the impact on the Member’s abilityto perform the duties required of the Member and the prognosis with respect tothe Member’s ability to return to work.
LUFA-H Collective Agreement 2016-2020
30.01 Each full-time Member shall beeligible to receive a professional allowance for each contractual year, suchallowance to be spent for expenses related to approved academic research orprofessional purposes. Such an allowance shall be cumulative over two (2)academic years.
30.02 The amount of the allowance forfull-time Faculty shall be paid in accordance with the rates set in theLaurentian Collective Agreement.
30.03 Professional developmentexpenditures allowable under this Article include the following:
a. Membership fees forprofessional and/or learned societies related to the Member’s discipline.
b. Subscriptions to professionaland/or learned journals.
c. Books, materials, equipment,and services directly related to research and teaching/professional Librarywork.
d. Registration fees for theMember to attend a scholarly conference.
e. Travel includingtransportation, food and accommodation (subject to University travel policies)for the Member to attend relevant scholarly conferences or seminars, or tovisit other universities or research sites to conduct research and scholarlywork which cannot be done at Huntington University.
f. Page and reprint charges orcosts incurred in the preparation and completion of scholarly manuscripts.
g. Professional/academicdevelopment or upgrading.
h. Hiring part-time assistants insupport of research and teaching, excluding marking.
i. Tuition fees
30.04 Expenditures must be approvedin advance by the President and reimbursements will be made on verification ofreceipts. In the event that expenditures are incurred in relatively smallamounts - less than 25% of the total or less than the remaining maximumallowable amount - reimbursements should be accumulated but receipts must besubmitted not later than April 1 following the date the expenditures have beenmade.
30.05 Full-time academic staff whoare on sabbatical leave, are eligible for the professional developmentexpenditures. Full-time academic staff who are on study leave, or voluntaryreduced workload are eligible for the professional development expenditures ona prorated basis.
30.06 Any equipment purchased withfunds provided under this Article remains the property of the University but afull-time academic staff Member shall have the right if he/she so chooses tobuy back such equipment at fair market value (normal depreciation).
30.07 Sessional Members shall beeligible for professional development money of two hundred and fifty (250) dollars, per each three credit course thatthey teach up to a limit of two thousand (2,000) dollars. Such an allowance shall be used in the current and subsequent academicyear.
LUFA-H Collective Agreement 2016-2020
31.01 Expenses Reimbursed
a) On initial appointment to theUniversity, each full-time Member moving from a distance of 100 kilometres ormore shall be entitled to reimbursement for moving expenses subject to thefollowing conditions:
i) All claims must besubstantiated by official receipts or reasonable facsimiles;
ii) the Employer shall reimburseclaims at the rate of 100% to a maximum of $3,000.00. In exceptionalcircumstances, the Employer may exceed this amount.
31.02 Moving Expenses Include:
a) moving, packing, crating, andunpacking of household goods and personal effects;
b) transfer of family by the mosteconomical means of transportation;
c) reasonable living expenseswhile travelling to Sudbury;
d) one advance visit for thepurpose of securing suitable housing. The newly appointed Members may beaccompanied by their spouse in this instance.
31.03 Moving Expenses as Loan
a) Moving expenses paid to a newMember will constitute a loan made by the University. This loan will be retiredwhen the Member has completed three (3) years of continuous service with theUniversity, each year being equivalent to one-third of the reimbursement of theloan.
b) Should the beneficiary of sucha loan leave the University before completing three (3) years of continuousservice for personal or disciplinary reasons, they must reimburse theUniversity for a pro-rated portion of the loan.
LUFA-H Collective Agreement 2016-2020
32.01 Tuition Exemption andTuition Bursaries
a) Tuition Fee Exemption andTuition Bursaries for Full-Time faculty will be as per Laurentian Universitypractice.
b) Sessional Members shall be entitled to exemption fromtuition fees for credit courses taken at Huntington University. The exemption available shall equal thenumber of credits taught by the Sessional Member and must be used within the current or subsequent academic year.
32.02 Physical EducationFacilities
PhysicalEducation Facilities will be provided as per the Laurentian Universitypractice.
32.03 Public Liability
The University shall maintain public liability insurance insuring,among others, Members who are acting within the scope of their employmentagainst liability claims (including negligence, property damage, personalinjury, libel, and slander) up to a limit of one million dollars ($1,000,000).
32.04 Parking
All Members who teach on-campus shall be eligible, on a first-comefirst-serve basis, for free parking at the University during the duration oftheir contract. Members shall receive reimbursement for parking to a maximum of$4.00 per day (based on the actual and most economical parking costs) ofscheduled teaching at partner institutions excluding the Laurentian campus.
32.05 Reimbursement of Expenses
All Members will be reimbursed within the normal amounts payable forreasonable out-of-pocket expenses incurred while on authorized business for theUniversity, where such business is requested by the president and has receivedprior approval, such as parking fees, transportation costs, meal allowances,equipment for field trips, accommodation costs, and incidental expenses. Receipts for such expenses will be provided. The claim for reimbursement including receiptsshall be submitted to the President. Amounts reimbursed will be as follows: Parking or equipment (actualcost), kilometric rate for the use of privately owned vehicle will be theNational Joint Council rates, actual cost of bus, rental car, or plane. Accommodation and meal and incidentalallowance rates shall be adjusted on 1 January and 1 July of each year toreflect the National Joint Council rates and shall be posted on the Huntingtonwebsite.
LUFA-H Collective Agreement 2016-2020
33.01 Chairs/Coordinators are electedto a three-year (3) term by a simple majority of the full-time Members of a department/program, in a departmental/program meeting chaired by the Presidentor his/her designate and held no later than March 15 of the year in which thenew Chair/Coordinator is to assume duties. Chairs/Coordinators are responsiblefor providing academic leadership to their department/program, and forrepresenting the decisions and objectives of the department/program. Theirduties are the following and shall be carried out in accordance with goodadministrative practices:
a) To ensure that the Members ofthe Department are informed of their duties and responsibilities in accordancewith the University Senate regulations, the regulations of the University andthis Collective Agreement.
b) To convene and preside overmeetings of the Department at regular intervals during the academic year, toprovide minutes and actions to the President, and to be an ex officio andvoting Member of its standing committees.
c) To consult on budgetaryrecommendations in conjunction with the President and/or Executive Director andto administer the annual budget for the Department.
d) To ensure that the Members ofthe Department have an opportunity to share in the decision-making process, inthe formulation of policies, and in the administrative tasks of the Department.
e) To coordinate formaldepartmental/program reviews;
f) To approve the mark forms forcourses offered in the department/program;
g) To oversee the development andrevision of correspondence courses;
h) To supervise studentcounselling on academic matters and the assignment of programs of study withinthe Department.
i) To administer space andequipment allocated to the Department.
j) To be responsible forpresenting the academic programs of the Department for accreditation orapproval of external bodies, as needed.
k) To advise the President on theteaching roster, timetable and office hours for the Department followingconsultation with all Members of the Department and other appropriateUniversity bodies and officers including the University Registrar and tosupervise the implementation of the roster, timetable and office hours.
l) To prepare a succinct annualreport for submission to the President due by June 30, on the enrolment,curriculum and other programmatic issues facing the Department. The annual report shall also include a listof Sessional Lecturers with establishment in specific courses. The Chair will distribute a copy of thisreport to all Members of the Department.
m) To maintain relations betweenthe department/program and external constituencies, and the broader community,as relevant and appropriate; and to arrange representation as necessary.
n) To attend allmeetings/consultations within the University. In the absence of the Chair, he/she will designate someone to attend ontheir behalf.
o) To confirm in writing to thePresident consultation with Department Members concerning workload.
p) To perform such other duties inconnection with the work and administration of the Department that thePresident may assign and that are consistent with this agreement.
33.02 Department Chairs, shallreceive a 6 credit reduction in teaching or the value equivalent to 6-creditsadded to their salary for every year they are Chair. Chairs duties begin on July 1.
33.03 If filling the position for aportion of a year, the stipend will be prorated.
33.04 Chairs whose program hasenrolment in excess of 500 students shall receive an additional stipend asfollows:
501-750students $1,500.00
751-1,000students $2,500.00
1,000+ students $3,500.00
33.05 Proceedings for the removal of the Chair may beinitiated by:
a) A written complaint to thePresident specifying the reasons for the complaint, signed by at least amajority of the full-time Members of the Department excluding the Chair. The President or his/her designate shallinvestigate the situation and offer services to resolve the matter. If the attempt is unsuccessful, procedureswill be in initiated under Article 33.06.
or
b) A written complaint by thePresident. The grounds for such complaintsshould normally be related to Article 33.01. The letter shall be forwarded to the Chair, the full-time Members of thedepartment and the Union.
33.06 The Office of thePresident shall create an ad hoc committee to investigate the complaint. The Chairof the ad hoc committee shall be appointed by the President of the Universityand shall not be a member of LUFA.
33.07 The committee shallconsist of all Department Chairs, excluding the Chair under investigation, andone union designate.
33.08 The committee Chairshall invite all parties involved to appear before the committee.
33.09 The ad hoc committeewill make a written recommendation to the President regarding the removal ofthe Chair of the Department.
33.10 As a result of thecommittee’s investigation, the President shall rule on the question of removalfrom office.
33.11 The decision of thePresident, with respect to a complaint under 33.05 a), shall be final,non-grievable and binding on all parties.
33.12 If the Member is removedas Chair of the Department, the Member retains all other rights andresponsibilities as defined in this Collective Agreement.
LUFA-H Collective Agreement 2016-2020
34.01 Normally, a Member has nogrievance until he/she has first given the President an opportunity to addresshis/her complaint. In discussing his/her complaint, the Member may beaccompanied by a Union representative.
34.02 Any Member’s complaint which isnot settled by the President within ten (10) working days of initiallydiscussing the complaint shall commence at stage one (1) of the grievanceprocedure.
LUFA-H Collective Agreement 2016-2020
35.01 The Parties agree to make everyreasonable effort to settle all grievances in a prompt, just, and equitablemanner. The Union shall have carriage over all grievances. The Employer shallonly deal with the Union, and its elected representative, with respect to agrievance. On request of either theUnion or the Employer, the other Party shall provide access to allnon- privileged documents relevant to the grievance to provide for an open, fairand expeditious processing of the grievance.
35.02 There are three types ofgrievance: an individual grievance, on behalf of one Member; a group grievance,on behalf of a group of Members similarly affected by an Employer action; and apolicy grievance, involving a matter of general policy or of generalapplication of the Collective Agreement.
35.03 All Members’ grievances may besubmitted provided that no more than twenty (20) working days have elapsedsince the occurrence of the alleged grievance became known or should havereasonably become known.
35.04 In the event that either Partymisses a deadline according to the time limits, the other Party may submit thematter to the next step, as if a denial or negative reply had been received onthe last day of the time allowed.
35.05 A grievance shall be submittedin writing, signed by the Union representative, and it shall specify thematter(s) in dispute, the Article(s) alleged to have been violated, and theremedy sought. Within ten (10) workingdays of receipt of the grievance, the Employer representatives shall meet withthe Union representative and any Member(s) affected. The Parties shall makeevery reasonable attempt to resolve the grievance. If resolved at this stage,the grievance settlement will be reduced to writing and countersigned by theParties within ten (10) working days of the resolution. If after twenty (20) working days no resolution is reached, the Employer representatives shallforward in writing the reasons for the denial of the grievance.
35.06 Communications exchanged aimedat informal resolution at this stage cannot be relied upon in subsequenthearings.
35.07 Any step of the grievanceprocedure may be waived by mutual agreement in writing between the Employer andthe Union.
35.08 The parties agree that thereason for discipline shall be disclosed.
35.09 If a grievance is resolvedduring the grievance procedure, the settlement shall be reduced to writing andcountersigned by the Association representative and a University representativewithin ten (10) working days of the settlement. Such settlement shall be finaland binding upon the Employer, the Union and the Member(s) concerned.
LUFA-H Collective Agreement 2016-2020
36.01 Within fifteen (15) workingdays of the Employer response issued in Article 35.05 above, the Union may givewritten notice of its referral to arbitration of the matter in dispute. The Parties will then proceed to agree to anarbitrator. If no agreement is reachedwithin fifteen (15) working days, either Party may request the Minister ofLabour to appoint an arbitrator.
36.02 The arbitrator shall have theauthority to issue interim orders requiring the Employer to provide relief. Thearbitrator shall not have the power to alter, add to or modify the Agreement inany respect.
36.03 No person may be appointed asan arbitrator who has been involved in an attempt to negotiate or settle thegrievance.
36.04 If no written notice ofreferral to arbitration is received within fifteen (15) working days after thedecision under Article 35.05 is given, the grievance shall be deemed to havebeen abandoned.
36.05 The decision of the Arbitratorwill be final and binding upon the Parties hereto and the Member(s) concernedexcept as provided by law.
36.06 Each of the Parties hereto willshare, equally, the fees and expenses of the Arbitrator.
36.07 The time limits set out in theGrievance and Arbitration Procedures herein are mandatory, and failure tocomply strictly with such time limits, except by the written agreement of theParties, shall result in the grievance being deemed to have been abandonednotwithstanding s. 48(16) Labour Relations Act.
LUFA-H Collective Agreement 2016-2020
37.01 Disciplineof Members including dismissal shall be only for cause. Discipline shall bejust and reasonable, based on the principle of progressive discipline, except inserious cases.
37.02 Discipline shall be imposed only in compliance with principles ofnatural justice and due process. Accordingly, the Member has a fundamentalright to know, in a timely manner, the nature of the allegations againsthim/her, and the right to respond to such allegations. This does not limit the Employer’s right toinvestigate.
37.03 The following are the only forms of discipline which may be taken by theEmployer against a Member:
a) A letter of reprimand, specifying the grounds and adding this reprimandto the personnel file;
b) The suspension with pay; if and only if the President cites thesuspension with pay as a disciplinary measure. It is understood that where asuspension with pay is non-disciplinary such suspension shall not be referencedas disciplinary in any subsequent disciplinary actions;
c) The suspension without pay; the reduction in pay shall be computed asone two hundred and sixtieth (1/260) of normal salary per day of suspension;
d) The withholding of an annual increment;
e) Dismissal of a Member.
37.04 Whenthe Employer becomes aware of a matter that may lead to the imposition ofdiscipline under this Article, including investigations triggered by a formalcomplaint pursuant to a discrimination and harassment policy, the Employershall commence an investigation within twenty (20) working days. Except incircumstances where to do so would compromise the integrity of theinvestigation, the Member and the Union shall be notified in writing of thenature of the allegation(s) upon commencement of the investigation. Theinvestigation shall be completed within sixty (60) working days of its commencement. Prior to completing the investigation, the Employer shallschedule a meeting with the Member and his/her Union representative. The Memberand her/his Union representative shall be given five (5) working days’ noticeof the time and place of the meeting wherever possible or practicable. TheEmployer shall also provide with the notice of meeting full particulars of theallegation(s) against the Member, including the name(s) of any complainant(s).At the meeting the Employer shall provide the Member with the opportunity torespond to these allegations.
37.05 When contemplating disciplining aMember following an investigation, the President shall meet with the Member and his/her Union representative within 20 working days of the conclusion of theinvestigation to review the matter with the Member. The Member and her/hisUnion representative shall be given five (5) working days’ notice of the timeand place of the meeting wherever possible or practicable along with a summaryof the factual findings of the investigation. The President shall consider therepresentation of the Member and Union prior to the imposition of discipline.
37.06 Within five (5) working days of the meetingthe President shall notify the Member and Union in writing as to whether discipline shall be imposed, the nature of the disciplinary action, the reasonsfor it and the events being relied upon to support it.
37.07 All timelines in this Article canbe extended by consent of the parties. The consent of either party shall not beunreasonably withheld. Non-compliance with this Article will not result indiscipline being automatically void. The effect of any prejudice to a Member asa result of non-compliance may be considered by an Arbitrator.
37.08 Cases involving non-culpable behaviour by aMember as a result of a physical or mental illness, which has been confirmed byan independent physician agreed to by LUFA and the Employer, shall be treatedseparately from cases for disciplinary conduct and shall be dealt with inaccordance with the OntarioHuman Rights Code.
LUFA-H Collective Agreement 2016-2020
The Employer agrees there shall be no layoffs of Members during theterm of this Agreement.
LUFA-H Collective Agreement 2016-2020
39.01 The Board of Regentsand the Association agree that the first duty of the University is to ensurethat its academic priorities remain paramount, particularly with regard to thequality of instruction, library service and research, and the preservation of academic freedom.
39.02 For the purposes ofthis Article, Financial Exigency shall be defined as substantial and recurringdeficits, which threaten the long-term solvency of the University as a whole.
39.03 Reductions in academicstaff for reasons of financial exigency shall occur only in extraordinarycircumstances, and only then after efforts to alleviate the financial crisis byeconomies in all other segments of the budget have been undertaken and afterall reasonable means of improving the University's revenues have beenexhausted.
39.04 Members may be laid off inaccordance with this Article only in the event that a state of financialexigency has been both declared and confirmed pursuant to the procedurescontained in this Article.
39.05 In the event that the Board ofRegents considers that a financial exigency exists, within the meaning ofParagraph 2, it may give notice of such a belief. As of the date of such noticethe procedures specified in this Article shall apply, and no new appointmentsmay be made to either the academic or administrative staff complement.
39.06 Within two (2) days ofgiving notice of its belief that a financial exigency exists, the Board ofRegents shall forward to the Faculty Association all financial documentationrelevant to the alleged state of financial exigency.
39.07 Within fifteen (15)days of the notice specified in Paragraph 5 above, the parties shall establisha Financial Commission which will consider the alleged financial exigency andeither (a) confirm it (under whatever conditions it chooses to impose) or (b)reject it.
39.08 The FinancialCommission shall be chosen, as is an Arbitration Board per Article 36. It isagreed that in this instance no Member of the Financial Commission shall be agovernment official, and the Minister of Labour, if requested to appoint a Chair, shall choose a person who is not in the employ of a government.Decisions of the Financial Commission under this Article shall be final andbinding on all parties. In this regard the Financial Commission shall be deemedto be an Arbitration Board.
39.09 The onus of proof shallbe on the Board to establish to the satisfaction of the Financial Commissionthat a state of financial exigency exists within the meaning of this Article.
39.10 Within seven (7) daysof the choice of a Chair, the Financial Commission shall meet and invite andconsider submissions on the University's financial condition. Inter alia itshall consider:
a) Whether the University's financialposition (as evidenced from the total budget and not just the academic orsalary components thereof) constitutes a bona fide budgetary crisis such thatdeficits projected by generally accepted accounting principles are expected tocontinue for more than two (2) fiscal years.
b) Whether in view of the primacyof academic goals at the University the reduction of academic staff is areasonable type of cost saving.
c) Whether all reasonable means ofachieving cost-saving in other areas of the University budget have beenexplored and exhausted.
d) Whether all reasonable means ofimproving the University's revenue position have been explored and exhausted.
e) Whether every effort has beenmade to secure further assistance from the provincial government.
f) Whether enrolment projectionsare consistent with a proposed reduction in the academic staff complement.
g) Whether all means of reducingthe academic staff complement including voluntary early retirement, voluntaryresignation, voluntary reduced workload, voluntary redeployment and leaves,etc. have been exhausted; and
h) Whatever other matters itconsiders relevant.
39.11 The FinancialCommission will normally be expected to hand down its Report and deliver a copyto the Board and to the Association within sixty (60) days of its firstmeeting. If the Commission finds that a state of financial exigency does notexist, no reductions of academic staff for reasons of financial exigency maytake place. If the Commission finds that a financial exigency does exist, itsReport shall specify the amount of reduction required, if any, in the budgetaryallocation to salary and benefits for Members of the bargaining Unit. Anyreduction in the budgetary allocation for academic salaries and benefits may bemade conditional upon the further exploration of alternative cost-savingmeasures by the University, and the Commission shall remain seized of itsjurisdiction in this matter pending the satisfactory exhaustion of all suchspecified alternatives. Within five (5) days of receipt of the Report of theFinancial Commission, the parties shall meet and confer with respect to itsimplications.
39.12 Pursuant to the rulingof the Financial Commission, the Board of Regents may reduce the budgetaryallocation for salaries and benefits of Members of the bargaining Unit but suchreduction shall not exceed the amount of the reduction specified by theCommission. The decision of the Board of Regents shall be taken and writtennotice thereof sent to the Financial Commission within two (2) weeks of receiptof the notice mentioned in Paragraph 11 above.
39.13 Within twenty (20) days theFinancial Commission shall apportion among the Faculties, Library and similarUnits, the reduction in the budgetary allocation for salaries and benefits ofthe Members of the bargaining Unit. Whenever possible, such reductions will bedivided in a proportionate amount among the Faculties and Library within theUniversity unless there is a clear and substantial reason for doing otherwise.
39.14 Within thirty (30) days, theFaculties/Library through their respective Faculty/Library Councils shallapportion the budgetary reduction among the academic Units within theFaculty/Library and determine which among its Members are to be laid off. Whenever possible such reductions will be divided among the Units within aFaculty/Library in a proportionate amount unless there is a clear andsubstantial reason for doing otherwise.
39.15 The principal criteria in thetermination/lay-off of Members within a department, school or similar Unitshall be:
a) The possession ofqualifications suitable for the continuing function of the Faculty, School,Department or Library.
b) Quality of performance inteaching and research or scholarly activity where applicable.
c) The possession ofqualifications suitable for transfer with or without retraining to anotheracademic or administrative position within the University.
d) Contributions to the widercommunity.
e) the department in which theMember is housed.
39.16 Within a Unit, a tenured Membershall not be terminated in preference to a non-tenured Member. For tenuredMembers, the more senior Member, in terms of service determined from the dateat which tenure at the University became effective shall be retained unless,after applying the above criteria, there is a clear and substantial reason fordoing otherwise.
39.17 Those Members who are at leastforty (40) years of age, have tenure and in respect of whom the sum of years ofseniority from the effective date of tenure plus age equals at least fifty-five(55) shall be exempt from lay-off until all other academic staff within theFaculty/Library and not included in this category have been laid off.
39.18 Should the Faculty/LibraryCouncil fail to determine within thirty (30) days who among its Members is tobe laid off, it shall be the responsibility of the Deans/Director of theLibrary to apportion the budgetary reduction within their faculty/library. Should the Chairs/Librarian of the Library fail to make such a decision withinseven (7) days, the Financial Commission shall make the apportionment of thebudgetary reduction.
39.19 Members who are selected forlay-off under this Article shall be provided with written notice of the reasonsfor their selection. Lay-offs under this Article shall not be treated orrecorded as dismissals for cause.
39.20 After the selection of theMembers who are to be laid off, but prior to the implementation of suchlay-offs, the Board shall make every reasonable effort to secure positionselsewhere in the University, including administrative positions, for those Members who are to be laid-off. Members who accept alternative academicemployment retain all pre-existing employment rights, including credit forsabbaticals, salaries and pensions. Members who accept alternative employmentshall be given the opportunity to retrain for a period of up to one (1) yearfor their new duties. The employer shall pay any related tuition fees and fullsalary to the Member during this retraining period.
39.21 Groups and/or individuals whoare selected for lay-off, may grieve their selection under the Grievance andArbitration Article on the ground of bias or procedural error, as well as onthe grounds that the criteria for lay-off have been applied in a manner that isdiscriminatory or is in bad faith. The right to grieve does not include theright to challenge the validity of the financial exigency.
39.22 All tenured and probationaryMembers whose appointments are terminated pursuant to this Article shall haverights as set out hereafter:
a)
i) The University shall be obliged to offertwelve (12)months' notice or twelve (12) months' salary in lieu of noticefollowed by;
ii) One (I) month's salary for each year as afull-time employee provided that no tenured Member shall receive less thantwelve- (12) month's salary.
All payments under this paragraphshall be based on the Members' total salary including the University'scontribution to pension and other benefit plans for their final full academicyear of service at the University. In no case shall the number of months'salary paid under this paragraph exceed the time remaining until the normalretirement age of the Member.
b) First right of refusal of allacademic vacancies within the University, for which they have academiccompetence as judged by the President in consultation with the Unit to whichthe individual is to be appointed for a period of three (3) years from theeffective date of termination. Individuals who accept such positions shallreturn to the University at the rank they held when they were laid off, withfull recognition for years of service at the University. Disputes arising outof these recall procedures are referable to the Grievance and Arbitrationprocess set out in this Agreement.
Individuals who are recalled pursuant to this Articleshall have up to thirty (30) days to accept such recall offer, and shallterminate their alternative employment and take up the offered post, as soon asthey are contractually able to do so but in no instance later than six (6)months after accepting the recall offer.
c) Reasonable efforts by the Boardto assist a laid off Member in obtaining alternative employment including theuse of professional assistance as well as access to University resources.
d) Reasonable access to Libraryand computer facilities subject to the agreement of the President concerneduntil suitable alternative employment is secured or for three (3) yearswhichever is less.
e) Eligibility for themselves andtheir dependants for exemption from tuition and Physical Education fees untilsuitable alternative employment is secured or for three (3) years, whichever isless.
39.23 Notice of academic vacanciesshall be deemed to be good and sufficient if they are sent by the Board ofRegents to the Member's last known address with a copy to the Association. AnyMember who fails to reply within thirty (30) days or who refuses a permanentposition offered under this Article shall lose all rights of recall.
39.24 A Member accepting a permanentposition at Huntington University or any Federated University will no longerreceive severance pay.
39.25 Any vacancy that occurs and thatcannot be filled through the recall procedures in this Article will be filledin accordance with the normal hiring practices.
39.26 Tenured Members, whoseappointments are terminated while they are on leave as in Article 3.2, shallhave the same rights as other tenured Members in accordance with the terms ofthis Article.
39.27 Laid off Members who arerecalled shall repay any portion of the allowance specified in Paragraph 22which exceeds their entitlement had they continued to occupy their normalposition.
39.28 The cost of the FinancialCommission established under this Article shall be borne by the Board.
LUFA-H Collective Agreement 2016-2020
40.01 The parties agree tocreate a continuing Committee on Intellectual Property, Patents and Copyright,which shall be composed of two (2) individuals appointed by the Board and two(2) Full-time academic staff appointed by the Association, with the Chairalternating between the Board's representatives and the Association'srepresentatives at each successive meeting.
40.02 The Committee shall meet atleast twice annually to:
a) Define intellectual patents andcopyright.
b) Conduct such business as isreferred to it.
c) Consider strategies formarketing inventions, improvements or discoveries.
d) Recommend to the CommitteeChair any proposals for modifications or changes in the patents and copyrightarticles of this Collective Agreement.
LUFA-H Collective Agreement 2016-2020
41.01 The Union agrees that,during the term of this Agreement, it will not authorize or condone anyunlawful strike. The Employer agrees that, during the term of this Agreement,it will not illegally lockout Members. The terms “strike” and “lockout” shallbear the meaning given them in the Labour Relations Act.
LUFA-H Collective Agreement 2016-2020
42.01 This Agreement shall come into effect 1 July 2016 and continue in effect to 30 June 2020.
42.02 Notice to bargain for a renewal of this Agreement with or without modifications or making of a new Agreement shall be given in accordance with the Labour Relations Act of Ontario.
42.03 The Agreement shall remain in force during any period of negotiations, until a new Agreement is ratified by both Parties, or until a strike or lockout is declared.
LUFA-H Collective Agreement 2016-2020