Part 9

Part 9

Article 67 — Legal Representation And Indemnity

 

67.1 Members performing their normal responsibilities in good faith and within the scope of their employment or other authorized employment responsibilities will be defended and indemnified by the University against legal actions brought by third parties in accordance with this section. Such legal actions may concern bodily injury, personal injury (e.g. libel or slander), damage to the property of others or by error or omission causing financial loss to the third party. Such defence and indemnification will be provided even if there is error or negligence by the Member. The University will not defend or indemnify Members against legal actions arising from outside professional activities not expressly sanctioned and approved by the University.

67.2 The University may choose not to defend and/or indemnify a Member who has not acted in good faith, such as where the Member has inflicted intentional or willful injury to others or damage to property; or committed acts of fraud, dishonesty, criminal activity, harassment, sexual harassment, or discrimination on a ground that is prohibited under the British Columbia Human Rights Code.

67.3 To support the financial cost of defending legal actions and paying settlements, the University maintains on behalf of itself, its officers, employees, volunteers and certain other named insureds, Comprehensive General Liability, Errors and Omissions and other insurance policies. These policies contain certain exclusions requiring the University to carry the risk itself of certain exposures such as contract liability, wrongful dismissal, or pollution (other than sudden and accidental). Where the insurer will defend and indemnify, the insurer must be in agreement on the selection of legal counsel, the terms of any settlement and other such issues during the course of proceedings. Similarly, in consideration for such defence and indemnification, the University and/or its insurer shall be permitted by the Member to reduce contributions to defence and indemnity settlements by calling on other insurers who have insured the same risk to contribute and/or provide reimbursement from other wrongdoers by way of exercising legal rights to subrogation.

Indemnity

67.4 To clarify the agreement of the University to indemnify Members, the University agrees to indemnify Members with regard to a judgment or settlement in a legal proceeding in which the Member is named as a defendant or respondent where:

67.4.1 the Member was authorized to act on behalf of the University with regard to the subject matter of the proceedings;

67.4.2 the subject matter of the proceeding relates to performance in good faith of the Member’s duties and responsibilities within the scope of the Member’s employment with the University; or

67.4.3 the proceeding is under a federal or provincial statute where the Member may be liable for a monetary administrative penalty or award with regard to the performance in good faith of the Member’s normal duties and responsibilities within the scope of the Member’s employment with the University.

67.5 The agreement to indemnify under section 67.4 prevails notwithstanding that the form of the proceeding may take the form of a prosecution that would otherwise be excluded from indemnification under section 67.2 and that portion of section 67.6 that refers to conduct by the Member that constitutes an offence under the laws of Canada or British Columbia.

67.6 For further clarity, the University’s agreement to indemnify Members does not extend to or include intentional or wilful damage to property caused by a Member; intentional or wilful injury to persons caused by a Member; acts of fraud or dishonesty by the Member; harassment or sexual harassment by the Member; discrimination on a ground that is prohibited under the British Columbia Human Rights Code; or conduct by the Member that constitutes an offence under the laws of Canada or British Columbia.

67.7 Before any obligation by the University to indemnify a Member arises, the Member must give notice of the claim to the University. Immediately after the University receives notice of the claim, the University must be given the opportunity to assume carriage of the defence of the claim; and in the case of an out of court settlement of the claim, the University must approve the settlement.

 

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Article 68 — Strike or Lock-Out

 

68.1 There will not be any strike by Members and the University will not lock out Members for the term of this Agreement.

 

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Article 69 — Terms of Agreement and Renewal

 

69.1 Except as otherwise stipulated in individual sections of this Agreement or by a Letter of Understanding signed by the Parties, this Agreement comes into force and effect following approval by the Board of Governors and the Association, and continues in force until June 30, 2019.

69.2 By no later than January 31, 2019, the Parties may agree to renew this Agreement without amendments for a specified period.

69.3 If either Party wishes to commence negotiations for an amended Agreement, that Party must, by not later than February 1, 2019, give notice to the other Party. In such case, negotiations will begin not later than February 15, 2019.

69.4 If negotiations toward an amended Agreement extend beyond June 30, 2019, this Agreement will continue in force during negotiations.

 

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