Article 1 — Preamble
The Parties recognize that the University is a community of learning, knowledge, and accomplishment that serves the people of British Columbia, and the global community. In teaching, learning, research, artistic creativity and professional practice, the Parties are committed to attaining the highest quality, to meeting the highest standards of integrity, to providing students with an environment in which they may develop intellectually and professionally, to promoting the advancement and dissemination of knowledge, and to supporting a climate of academic freedom, responsibility, and mutual respect. The Parties agree, in the furtherance of these aims, to promote harmonious relations and to attempt to settle any misunderstandings or disputes in a respectful manner.
Article 2 — Definitions
For the purposes of this Agreement:
“Academic Unit” or “Unit” means a Faculty, School, Division or Department, and includes the University Libraries, as appropriate in the context;
“Academic Year” means the period July 1 of any one year to June 30 of the next year;
“Agreement” means this Collective Agreement;
“Association” means the University of Victoria Faculty Association;
“Career Progress Increment” or “CPI” is defined in section 63.12;
“Chair” means the Chair of a Department and includes the Director of a School. Where a power or duty is given to a Chair under this Agreement, “Chair” also includes the Dean of a Faculty without Departments;
“Conflict of Interest” is defined in section 61;
“Department” means a Department of a Faculty and includes a School within a Faculty and a Faculty without Departments;
“Differentiated Productivity Adjustment” or “DPA” is defined in section 63.11;
“Evaluation Policy” means the Departmental, Faculty or Libraries policies pertaining to evaluation of Faculty Members or Librarians as defined in section 19;
“Existing Practices” is defined in section 14.5;
“External Professional Activity” is defined in section 60.1;
“Faculty” means an Academic Unit that is so named and approved by the University Senate and Board of Governors and includes the Division of Medical Sciences but does not include the Faculty of Graduate Studies unless the text of a section expressly refers to the Faculty of Graduate Studies;
“Faculty Member” means a person holding one of the following academic appointment classifications at the University:
• A tenured appointment or an appointment with eligibility for tenure as an Assistant Professor, Associate Professor or Professor or a grant-tenured appointment with eligibility for grant-tenure at any of those ranks;
• A tenured appointment as Teaching Professor;
• Assistant Teaching Professor;
• Associate Teaching Professor;
• Limited-Term appointment with a term of more than one year appointed at the rank of Assistant Professor, Associate Professor or Professor or appointed as an Assistant Teaching Professor, Associate Teaching Professor or Teaching Professor. This includes a person who has held a Limited-Term appointment with a term of more than one year and who, immediately following the end of that appointment, is reappointed for a further term, regardless of the length of that further term;
• Lecturer; and
• Academic Administrator;
each of whom is represented by the Association;
“Grant-Tenure” means an academic appointment without term where funds to support more than 50% of the salary for the appointment come from an external source and that may be terminated by the University in accordance with section 16.14 if external funds are no longer available to pay the proportion of the Faculty Member’s salary that was anticipated at appointment or in any way in which a tenured appointment or an appointment with eligibility for tenure could be terminated;
“Joint Committee on Administration of Agreement” or “JCAA” is defined in section 15;
“Librarian” means a person holding a Regular Librarian Appointment (probationary or confirmed) or Limited-Term appointment as a Librarian and includes an Archivist, each of whom is represented by the Association;
“Limited-Term” means an appointment for a limited period of time;
“Line Authority” means a Dean, Associate Vice-President or Vice-President designated under section 17.45;
“Member” means a Faculty Member or a Librarian;
“Merit Increase” or “MI” is defined in section 63.12;
“Normal Retirement Date” or “NRD” means the June 30th immediately following a Member’s 65th birthday;
“Official Performance File” is defined in section 21.3;
“Other Contributions” is defined in section 19.11;
“Parties” means the University and the Association;
“Personnel File” is defined in section 21.8;
“Professional Performance (Librarians)” is defined in section 126.96.36.199;
“Promotion Increment” is defined in section 63.21;
“Reasonable Apprehension of Bias” has the meaning described in section 61.23;
“Regular Academic Appointment” means any one of the following appointments:
• A tenured appointment or an appointment with eligibility for tenure as an Assistant
Professor, Associate Professor or Professor;
• A tenured appointment as Teaching Professor;
• Assistant Teaching Professor, holding or eligible for a continuing appointment; or
• Associate Teaching Professor, holding or eligible for a continuing appointment;
“Regular Librarian Appointment” means either one of the following appointments:
• A probationary status Regular appointment; or
• A confirmed Regular appointment;
“Retire” means leaving the employment of the University after becoming eligible to collect pension benefits and without the intention of moving to other professional employment;
“Retirement Phase-In Plan” is defined in sections 30.7 – 30.29;
“Scholarly and Professional Achievement” is defined in Section 19.8 when used in respect of Faculty Members and in Section 188.8.131.52 when used in respect of Librarians;
“Scholarship” is synonymous with scholarly and professional achievement;
“Scholarship Related to Teaching” is defined in section 19.6;
“Service” when used in relation to Librarians is defined in section 184.108.40.206;
“Standard” means the standard for the distribution of duties and responsibilities of Faculty Members and is defined in section 27.1;
“Standard for Librarians” means the standard for the distribution of duties and responsibilities of Librarians and is defined in section 27.8;
“Teaching Performance” is defined in section 19.6;
“Tenure” means an academic appointment without term that may only be terminated by resignation, retirement, death, or in accordance with the terms of this Agreement;
“University” means the University of Victoria;
“University Academic Appointments Committee” or “UAAC” is defined in sections 41.6 and 41.7;
“Working day” means Monday to Friday, except Statutory holidays and University-wide closures.
Article 3 — Interpretation of Agreement
3.1 Where a date specified in this Agreement for completing an act, including submitting a recommendation or filing an appeal, falls on a day on which University offices are closed, the deadline for completing the act is the close of business on the next day when the University office is open.
3.2 The headings of this Agreement are inserted for convenience of reference only and will not affect the construction or interpretation of this Agreement.
3.3 If any provision of this Agreement is held to be legally invalid or unenforceable, such invalidity or unenforceability will not affect or impair the validity or the enforceability of the remaining provisions of this Agreement, which will remain in full force and effect and the Parties will continue to be bound by them. The Parties agree to bear equal responsibility for the content of this Agreement.
3.4 If a statute or regulation is passed by the Government of Canada or the Province of British Columbia or a ruling or assessment is made by the Canada Revenue Agency that alters or renders any provision of this Agreement null and void, the remaining provisions will remain in effect for the term of the Agreement and the Parties will seek to negotiate a mutually agreed-upon substitution for the affected provision.
Article 4 — Academic Freedom
4.1 In a democratic society, academic freedom in teaching, scholarship, and research is a fundamental value that is essential to the common good. The search for knowledge and the free expression of it are inherent rights that both Parties will protect vigilantly. Academic freedom is the freedom to conduct research, examine, question, teach and learn, and it involves the right to investigate, speculate and comment, as well as the right to criticize and challenge the University, the Association and society at large.
4.2 The Parties agree that they will not infringe on or abridge the academic freedom of any Member. Members have the right, regardless of prescribed doctrine, to be free from the threat of institutional reprisals and arbitrary constraint, and without regard to outside influence, to pursue their academic interests and activities, to conduct research and publish the results thereof, to engage in teaching and discussion, to pursue creative activity, and to select, acquire, disseminate, or otherwise use all forms of documentary materials in the exercise of their professional responsibilities.
4.3 Except as otherwise specified in this Agreement, Members will not be hindered in any way by the University or the Association in the exercise of their legal rights, including but not limited to the exercise of their freedom of thought, belief, opinion or expression, nor will they suffer any institutional reprisals because they choose to exercise such rights. A Member must not purport to represent or speak on behalf of the University except to the extent that the Member has been authorized by the University. This does not limit Members in expressing their own academic or professional opinions.
4.4 Access to information is fundamental to the free pursuit of knowledge. The Parties recognize and agree that subject to the laws of Canada and the Province of British Columbia:
4.4.1 The collection, organization, and dissemination of knowledge must proceed fairly without censorship based on moral, religious, commercial, political or other grounds;
4.4.2 Members have the right to collect, organize, disseminate and use any information, knowledge and creative works without censorship; and
4.4.3 The development of the University Libraries’ collections will proceed without censorship.
4.5 In exercising academic freedom, Members must act in a responsible manner and respect the academic freedom and rights of other members of the University community.
Article 5 — Intellectual Property and Scholarly Integrity
5.1 The Policy on Intellectual Property that was approved by the Association at a Special Meeting held on November 21, 2000 and Board of Governors of the University on November 27, 2000 (hereinafter called the “IP Policy”) is appended to this Agreement as Appendix “D” and forms part of this Agreement. Notwithstanding the application provision in the IP Policy, it applies to all Members covered by this Agreement. In so far as the IP Policy applies to Members, the Policy will not be amended except by the mutual agreement of the Parties.
5.2 The principles and expectations regarding scholarly integrity and procedures for the review of and inquiry into allegations of scholarly misconduct are appended to this Agreement as Appendix “F” (the Policy on Scholarly Integrity) form part of this Agreement and will not be amended except by mutual agreement of the Parties.
Article 6 — Equal Opportunity and Non-Discrimination
6.1 The University and the Association are committed to ensuring equal opportunities for Members and to ensuring that no systemic discrimination or unnecessary barriers (including discriminatory or hostile environments) to the full participation of Members exist or arise. The University and the Association are committed to the identification and removal of discriminatory barriers to the selection, hiring, promotion and training of persons in designated equity groups.
6.2 There will be no discrimination, interference, restriction or coercion exercised or practiced regarding any term or condition of employment, including but not limited to:
6.2.1 salary, rank, appointment, promotion, tenure, confirmed appointment, termination of employment, lay-off, study leave, other leaves or benefits, by reason of age (except as provided in section 6.3), race, colour, ancestry, place of origin, citizenship (except for new appointments provided through this Agreement), political affiliation or belief, religion, creed, marital status, family relationship, serious physical or mental ill-health or disability (provided that such condition can be accommodated to provide the ability to carry out the assigned duties of the position), language (except where the lack of language competence would impede the effective carrying out of duties), sex, sexual orientation, gender identity, physical attributes, conviction of a criminal or summary conviction offence that is unrelated to the Member‘s employment, investigation by the Member’s professional association into behaviour unrelated to the Member’s employment, place of residence (provided that the place of residence does not impede the carrying out of any part of the Member’s assigned duties), membership or participation in the Association, or any other prohibited ground of discrimination that is stipulated in the British Columbia Human Rights Code.
6.3 This section does not apply to any personnel benefits that have been mutually accepted by the Parties or which make actuarial distinctions on the basis of age or to appointments or accommodations made under a mutually agreed employment equity program. Notwithstanding the University’s duty to accommodate under human rights law, section 6.2 does not apply with respect to a refusal, limitation, specification or preference by the University based on a bona fide occupational requirement.
Article 7 — Recognition of Association
7.1 The University of Victoria recognizes the University of Victoria Faculty Association as the exclusive bargaining agent for all Members for whom the Association has been certified as bargaining agent, in accordance with the order of the British Columbia Labour Relations Board dated January 29, 2014, or as subsequently amended by the Board.
7.2 The Association does not represent and does not have the authority to negotiate or enter into an agreement on behalf of persons excluded in conformity with the B.C. Labour Relations Code, including persons with any of the following appointments (including any period of leave):
7.2.3 Associate Vice-Presidents;
7.2.5 Associate Deans;
7.2.6 University Librarian;
7.2.7 Associate University Librarians;
7.2.8 any person appointed to any of the above positions in an acting capacity.
7.3 Faculty Members and Librarians newly appointed to the University and who fall within the description of the bargaining unit approved by the British Columbia Labour Relations Board on January 29, 2014, are members of the bargaining unit and are represented by the Association.
7.4 The University agrees to inform all applicants for employment which falls within the description of the bargaining unit in the advertisement that the Association represents the bargaining unit, and that this Agreement is in effect, and provide a link to the website of the Association.
7.5 No Member will be permitted or required to make any written or oral agreement with the University or its representatives which conflicts with the terms and conditions of this Agreement.
7.6 The University will not meet with any employee or group of employees undertaking to represent the Association without the authorization of the Association. The Association will notify the University of its authorized representatives.
7.7 A Member excluded under section 7.2 will be represented by the Association on completion of their term of office and any administrative leave taken following the term in office.
7.8 The University recognizes the right of Members, as a matter of individual conscience, to refuse to cross a picket line arising out of a dispute as defined in applicable labour legislation. Such absence will be without salary. 7.9 In accordance with section 68(2) of the Labour Relations Code, the University will not require a Member to perform any work of an employee in any bargaining unit of University employees that is on a legal strike or that is locked out, or who is honouring a legal picket line.
Article 8 — Association Dues and Fees
8.1 Subject to the provisions of section 17 of the Labour Relations Code, it is a condition of employment of all Members of the bargaining unit to complete an authorization form providing for the deduction from salary of such fees, dues and assessments as the Association may require. Upon receipt of written authorization signed by the Member, the University will deduct monthly the amount of such fees, dues, and assessments from the salary payable to Members and remit such fees, dues, and assessments to the Association within ten (10) days of the end of each month.
8.2 All fees, dues and assessments payable by Members of the bargaining unit to the Association on the date that this Agreement comes into force will continue until the Association provides the University with a notice of revised fees, dues and assessments. Where a Member of the bargaining unit has delivered written notice to the University to remit fees, dues and assessments payable to the Association to the Faculty Association Scholarship Fund, the University will continue to remit such fees, dues and assessments until directed otherwise by the Association.
8.3 The Association may provide the University with written notice of revised fees, dues and assessments. The University will deduct the revised fees, dues and assessments in the pay period that begins thirty days after receipt of such notice.
8.4 The Association may upon written notice direct the University to remit fees, dues and assessments payable by a Member of the bargaining unit to the Faculty Association Scholarship Fund.
8.5 The University will remit to the Association on a monthly basis the amounts deducted in accordance with section 8.1 together with a copy of the deduction control register at the time when the University makes other remissions of funds derived from payroll deductions and in any case not later than the last day of the month following the month in which the deduction is made.
8.6 A report will accompany the monthly remission of deductions that includes:
8.6.1 the name, rank and department of each Member from whose salary or wage deductions were made;
8.6.2 the amount deducted for each Member;
8.6.3 the names of Members whose deductions were remitted to the Faculty Association Scholarship Fund; and
8.6.4 the deduction start date for new Members.
8.7 The University will provide the Association with the following reports:
8.7.1 on July 1, September 1 and January 1, an up-to-date list of all Members of the bargaining unit, including all Members on any type of leave permitted under the Agreement with the following data: name, UVic email, gender, tenure status, rank, salary and Department (“Membership List”); and
8.7.2 a monthly report updating the Membership List indicating new Members and Members who have retired or resigned.
Article 9 — Release Time for Officers of the Association
9.1 The University recognizes that it has an interest in maintaining the Association’s ability to adequately represent its Members.
9.2 The University will annually pay the cost of twelve course units of sessional replacement in order to provide release from teaching or Librarian duties for officers of the Association. The Association may allocate these releases at its sole discretion. Upon receiving notification of the allocation from the Association, the University will transfer the requisite funds to the Member’s Department or the University Libraries.
9.3 The University will pay for the costs of a further three units of sessional replacement in the year during which an Agreement is being negotiated, in order to provide teaching or service release for the members of the Association negotiating team.
9.4 The Association may purchase, at its cost, teaching release for Members in addition to release time described in sections 9.2 and 9.3. The cost of purchasing release time under this section is the Step 6 cost on the Sessional Instructor pay-scale.
9.5 In order to permit the Member’s Department or Faculty or the Libraries to find suitable replacements for the Members who are provided with release from teaching or other duties under this section, the Association will provide the University with 4 months’ notice prior to the commencement of the term to which the release will apply with regard to the allocation under section 9.2.
9.6 Where release is provided to a Member under this Section, there will not be any loss of salary or benefits to the Member.
9.7 In the event that a Librarian receives one or more releases under this section, they will receive a reduction in their service obligations of six hours per week per term as the equivalent for each unit of teaching release.
Article 10 — Office Space and Services
10.1 The University will provide the Association with suitable, rent-free office space that is not less than the current area in square metres occupied by the Association.
10.2 The Association may use University services such as printing, audio-visual, and similar services, with the Association being charged at the internal user rate.
10.3 The Association may use the internal University mail delivery service for the purpose of communicating with Members without restriction and free of charge.
10.4 The University will provide the Association, free of charge, access to meeting rooms on the University campus for Association business, in accordance with the normal booking procedures and regulations.
10.5 The Association may pay its staff through the University payroll system at the Association’s expense.
10.6 The University’s telecommunication system may be used for communications between the Association and its Members. With regard to that communication, the University agrees that it will not seek to intercept, review, or otherwise gain access to communications between the Association and its Members. Notwithstanding the above, the University reserves the right to conduct an investigation with regard to the use of the University telecommunication system under University Policy #IM7200 on Responsible Use of Information Technology Service.
Article 11 — Copies of Agreement
11.1 The Agreement will be posted on the University and Association websites. The University will provide each newly appointed Member, and any Member who makes a request, with a paper copy of the current Agreement. The University and the Association will share equally the cost of producing these copies.
Article 12 — Association's Right to Call Upon CAUT for Assistance
12.1 The University recognizes that the Association has the right at any time to call upon the assistance of the Canadian Association of University Teachers (CAUT). Such duly authorized representatives will have access to University premises to consult with Association officials and Members.
Article 13 — Management Rights
13.1 The Association acknowledges that the University has the right to manage the operations of the University and its employees in accordance with the University’s purpose and obligation and in accordance with the University Act except as specifically restricted in this Agreement. The University agrees that in exercising these rights, it will act in good faith and will neither attempt to circumvent the provisions of this Agreement, nor act in a manner that is inconsistent with the terms and conditions of employment set out in it.
Article 14 — Existing Agreements, Policies, Practices and Procedures and Collegial Rights
14.1 Members have the right to participate in the formulation and recommendation of academic policies and procedures within the University as members of duly constituted bodies and committees at the Departmental, Faculty and University level.
14.2 The Parties accept and support the principles contained in policies of Senate and of the Board of Governors for the limits to terms of appointments and the participation of Members in the selection of Chairs and senior academic administrators, and in particular in the selection of:
14.2.2 Vice-President Academic and Provost;
14.2.3 Vice-President Research;
14.2.4 Associate Vice-President Academic Planning;
14.2.5 Associate Vice-President Research;
14.2.6 Deans of Faculties;
14.2.7 Associate Deans of Faculties;
14.2.8 University Librarian; and
14.2.9 Associate University Librarians.
14.3 Nothing in this Agreement restricts the exercise by Senate and the Board of Governors of their jurisdiction over these procedures.
Policies and Agreements Appended to this Agreement
14.4 The following University polices and agreements are appended to this Agreement and form part of this Agreement and cannot be amended without Association consent, such consent not to be unreasonably withheld:
14.4.1 Appendix “A”: Memorandum of Understanding on Calculation of DPA and Meaning of Economic Stability Dividend;
14.4.2 Appendix “B”: Professional Expenses Reimbursement;
14.4.3 Appendix “C”: Reduced Appointments;
14.4.4 Appendix “D”: Policy on Intellectual Property;
14.4.5 Appendix “E”: Conflict of Interest in Student Faculty Relationships;
14.4.6 Appendix “F”: Scholarly Integrity;
14.4.7 Appendix “G”: Deadlines for Reappointments, Tenure and Promotion;
14.4.8 Appendix “H”: Equity Policy for Female Faculty Members;
14.4.9 Appendix “I”: Policy on Chairs of Departments and Directors of Schools;
14.4.10 Appendix “J”: Policy on Duties and Responsibilities of Directors of Research Centres;
14.4.11 Appendix “K”: Memorandum of Understanding on Various Issues Arising from the Agreement; and
14.4.12 Appendix “L”: Transitional Issues of Assistant Teaching Professors.
14.5 Existing Practices are those written policies, practices and procedures approved by the Board of Governors, the President of the University, a Vice-President, or an Associate Vice-President that are known and in force as of January 1, 2000 and that remain applicable to Members; or mutually agreed by the Parties in writing to be applicable to Members after January 1, 2000 unless the subject matter has been otherwise dealt with by this Agreement.
Amendment of Existing Practices
14.6 The University will not introduce amendments to or repeal Existing Practices that alter the terms and conditions of this Agreement (including its Appendices) without the prior agreement of the Association.
14.7 The University will not introduce amendments to or repeal Existing Practices that affect directly the terms and conditions of employment of Members without prior consultation with the Association.
New Policies and Procedures
14.8 The University will not adopt new policies or procedures that alter the terms and conditions of this Agreement (including its Appendices) without the prior agreement of the Association.
14.9 The University will not adopt new policies or procedures that affect directly the terms and conditions of employment of Members without prior consultation with the Association.
14.10 The consultation referred to in sections 14.7 and 14.9 requires the University to forward to the Association a copy of the proposed new or amended policy or procedure and to give the Association forty (40) working days from the date of its receipt of the proposal to provide the University with the Association’s comments in writing on the proposal. The time period may be extended with the mutual agreement of the University and the Association.
14.11 At the request of either Party made within 40 working days of the Association receiving a policy proposal under section 14.10, the University and the Association will strike a joint policy committee for purposes of consultation. The joint policy committee will contain a maximum of six members with an equal number of members from the Administration and from the Association plus a chair, jointly selected by the President of the University and the President of the Faculty Association. The role of the committee will be to make best efforts to reach a consensus on recommendations regarding the policy.
14.12 In the event that the committee cannot reach a consensus, the committee will prepare a report that fairly reflects the divergent views of the committee members.
14.13 The committee’s report containing its recommendations and reflecting the divergent views, if any, of the members will be forwarded to the relevant decision-making authority for the policy within 40 working days from the committee’s appointment. The decision-maker will review the report and will give good faith consideration to adopting any recommendations. In the event that the report is not unanimous, the decision-maker will consider all the expressed views in reaching their decision.
14.14 Nothing in this section prevents either party from submitting a grievance under section 59.
14.15 The Parties agree that any new policies or any amended policies that came into force prior to May 1, 2015 will not be the subject of a grievance under this section or the previous Article 7 of the Framework Agreement. The provisions of this section on consultation come into effect May 1, 2015.
Article 15 — Joint Committee on Administration of Agreement (JCAA)
15.1 The JCAA will be composed of three representatives of the University appointed by the President of the University and three representatives of the Association appointed by the President of the Association. A quorum will be four members, provided that two representatives of each Party are present.
15.2 The JCAA will:
15.2.1 endeavour to maintain and develop a spirit of cooperation and mutual respect between the Parties;
15.2.2 review matters of concern arising from the administration of this Agreement excluding any dispute that is the subject of an appeal or grievance under any other provision of this Agreement or that has been submitted to arbitration under this Agreement;
15.2.3 oversee the accuracy and timely updating of the web versions of the Agreement and resolve any editorial inconsistencies in the web versions; and
15.2.4 foster good communication between the Parties and to serve as a forum for the exchange of information.
15.3 The JCAA will not have the power to add to or to modify in any way the terms of this Agreement. The JCAA will function in an advisory capacity to the Association and the University and will seek the timely correction of conditions which may give rise to misunderstandings.
15.4 If the JCAA becomes aware of a serious ambiguity or omission that affects the application of the terms of this Agreement, the JCAA may make a unanimous recommendation to the Parties regarding the resolution of that ambiguity or omission for the term of the Agreement. If the Parties agree to adopt the recommendation of the JCAA, the Parties may sign a Letter of Understanding to that effect.
15.5 All paper copies of the Agreement will state on the title page that any changes adopted by the Parties and any interpretations of the JCAA relating to any section of the Agreement will be posted with the Agreement on the websites of the Parties. A page or pages on those websites will set out this information and will normally be amended within 20 working days of the change or interpretation. An electronic alert of the change or interpretation will also be sent to Deans, the University Librarian, Chairs, and the Faculty Association at the same time the website is amended.
15.6 The JCAA will prepare and distribute an annual report of its work in the previous calendar year by January 31 of each year. The annual report will be distributed as determined by the JCAA but will, in any event, be sent to the President of the University, the Vice-President Academic and Provost, and the President of the Association.
15.7 The Committee will meet as necessary but at least once every two months during the academic year. Either the Association or the University may call a meeting on seven days written notice. Written agendas will be circulated at least 48 hours in advance of each meeting.