Letters of Understanding and Other Agreements

From time to time, the Association signs letters of agreement or understanding with the University to either amend an existing policy, establish a practice not adequately covered by policy, or clarify the intepretation of some aspect of policy or agreement.

These letters form a part of the overall agreement between the University and SFUFA, and have all the force or effect of any other agreement between the parties.

Transition Period
• It is agreed that mandatory retirement for members who are scheduled to retire between May 1, 2007 and December 31, 2007, is suspended. Those members
who were scheduled to retire on August 31, 2007 must advise the University of their intention to retire or not to retire by July 1, 2007 or earlier if possible.

Notification Issues
• Revise Policy A 30.07 (Retirement Date: Faculty Members) section 1 to read:
1. The normal retirement date for faculty members shall be the first day of September next, succeeding their sixty-fifth birthday.
• Members will give at least twelve months notification of their retirement, and preferably eighteen months. This period may be reduced by mutual agreement
of the member and the University. Once notification is given it is irrevocable. Normal Retirement Date
• The concept of “normal retirement date” (“NRD”) at age 65 as defined in the existing version of the Academic Pension Plan Text is retained.

Benefits
• Modify Policy A 21.01 (Benefits for SFUFA Bargaining Unit Members, Retirees and Visiting Faculty) to reflect this agreement.
• Members working past the age of NRD until the date that the member retires will receive all benefits with the following exceptions:

  • Accidental Death and Dismemberment is discontinued
  • Long Term Disability is discontinued
  • Basic life insurance is reduced to 1 x normal salary (to next $1,000)
  • Optional life insurance is available for members only
  • Sick leave (Members working past their NRD who have exhausted their sick leave entitlement and are unable to return to work and perform the full scope of their duties may either elect to retire or to remain on an unpaid leave of absence for a maximum of 24 months. The extent of coverage during such an unpaid leave of absence is subject to carrier approval and the cost of premiums will be paid by the member.)
  • The University’s pension contributions will cease when a faculty member elects to receive a pension from the Academic Pension Plan or by applicable legislation (currently age 69 under the Income Tax Act).

• For those faculty members who are hired after September 1, 2001 and not eligible for retiree benefits, such members at the time of retirement will be
given the option to join the applicable retiree group but will be required to pay the full cost of the premium coverage.

Retirement Options
1. All SFUFA members aged 60 and over who have 10 years of full-time continuous service may elect to participate in one of two retirement options after giving notice. Eighteen months notice is preferred, but a minimum of twelve months is required, which may be waived by mutual agreement of the member and the Chair. Each option is 3 years in duration plus the notice period.

The options are:
(1) Reduced Workload Appointment

(2) Reduced Scope Appointment (change allocation among teaching, research and
service)

2. Where a member takes a retirement option, their eligibility for study leave is as provided in the Academic Study leave policies except as follows:
a) There will be no further accrual of service towards study leave eligibility once a retirement option has commenced;
b) Where a member may be eligible for a study leave it must be planned before entering into a retirement option and completed within the time of the option;
c) Salary paid during the study leave will be at the percentage provided in the study leave policy times the actual salary received during the retirement option.

3. The Retirement Options will be implemented commencing September 1, 2007.
Beginning January, 2008, the parties agree to annually review the results. There will be a period of grace for the notice provisions for those whose normal retirement date is September 2007.

4. Option 1: Reduced Workload Appointment
a) A member may elect to take a reduced workload appointment for a maximum of three years. This period of time can be altered with the agreement of both
parties.
b) A member who elects to take this option must continue to perform the full scope of their duties.
c) Notice by a member to enter into this option constitutes irrevocable notice to retire.
d) Salary during a Reduced Workload Appointment is commensurate with percentage of workload performed.
e) The member may select an appointment over the three year period between 150% and 225% of the total appointment. This can be modified by mutual
agreement of the member and the Chair.
f) Full benefits will be maintained based on the nominal salary.
g) Pension contributions will be based on the nominal salary.

5. Option 2: Reduced Scope Appointment
a) A member may request from his/her Chair and Dean a Reduced Scope Appointment. The Reduced Scope Appointment option is for a maximum of three
years. This may be accompanied by a reduction in workload under Option 1 allowing for a full or part-time appointment.
b) A Reduced Scope Appointment provides for reduced scope of duties where the member can request a reduction in their contribution in one area of their
duties, and possibly increase it in others.
c) Approval of a Reduced Scope Appointment is at the sole discretion of the Dean of the Faculty (or equivalent), upon the recommendation of the Chair.
d) Notice by the member to enter into this option constitutes irrevocable notice to retire.
e) The maximum period for a Reduced Scope Appointment is three years. The duration of the Reduced Scope Appointment may be modified with the agreement of the parties identified in (c) above.
f) Salary during a Reduced Scope Appointment is commensurate with percentage of workload performed.
g) Full benefits will be maintained based on the nominal salary.
h) Pension contributions will be based on the nominal salary.
Pre-Retirement Support.

The University will provide.

  • One day session for members who are interested in retirement planning.
  • For members who are at least 60 years old, provide up to three hours of individual counseling with a University approved financial consultant.

May 10, 2007
Time 7:54 pm
The terms of this Agreement are in accordance with the terms of the Framework Agreement, specifically s.9 and s.14.1 (Interpretations)

Letter of Agreement

Simon Fraser University
and
Simon Fraser University Faculty Association

Section 9.2 of A12.01 states “A Lecturer may apply for promotion to Senior Lecturer if he/she has at least five years experience as a lecturer at SFU.”

The parties agree that a Lecturer may apply to be considered for promotion to Sr. Lecturer prior to the time specified in section 9.2 if s/he has at least three (3) years as a continuing Lecturer at Simon Fraser University PLUS three (3) years as a Lecturer (or equivalent position) at another post-secondary institution prior to the continuing appointment at SFU. The continuing and limited term appointments must have been at least half time. (For lecturers who held a limited term lecturer position at SFU immediately preceding the continuing appointment see section 3.7 of A 12.01.)

He/She must make a written submission, including a full curriculum vitae, to the Dean and copied to the Chair of the Teaching Appointments Review Committee (TARC) by September 15 outlining the reasons for the request. In making his/her determination, the Dean shall consult with the Chair of the TARC. The Dean must inform the Lecturer of his/her decision in writing by October 1, with reasons, copied to the Chair of the TARC.

An unsuccessful early promotion application shall not be a relevant consideration in any future promotion consideration.

This agreement is effective November 15, 2007.

SIMON FRASER UNIVERSITY

Office of the Vice-President, Academic
To: Policies and Procedures Manual Holders
From: Judith Osborne, Sharon Cochrane
Re: Letter of Agreement

Date: January 29,1996

The recently negotiated Letter of Agreement on Investigative Procedures (below) is not, intended to replace existing investigative procedures in other University policies (e.g., R. 60-01 Integrity in Research and Misconduct in Research, GP 18 Harassment Policy, T 20.01 Grading Practices and Grade Appeals), nor is it intended to replace informal problem-solving mechanisms. Rather the investigative procedures are intended to fill a void where an existing formal or informal process does not exist. If you receive a written complaint against a member of the Faculty Association of Simon Fraser University and are unsure of the appropriate mechanism for resolving the complaint or unsure of the applicability of the Letter of Agreement, the Vice-President Academic’s office will assist you.

cc. The Faculty Association of Simon Fraser University

LETTER OF AGREEMENT BETWEEN
SIMON FRASER UNIVERSITY
AND
THE FACULTY ASSOCIATION OF SIMON FRASER UNIVERSITY

Pending the conclusion of the negotiation of procedures for an investigation process for members of the Faculty Association bargaining unit on matters not covered by existing policies, and without prejudice to the outcome of those negotiations, the University agrees that, if there is a complaint against a bargaining unit member(s) that requires an investigation, it will observe procedural fairness and the following practices:
The investigation and any follow-up will be coordinated by the Director of Academic Relations or the Associate Vice-President Academic.

A preliminary review will be undertaken and completed forthwith to determine the need for a formal investigation. The parties will be informed that a preliminary review is being conducted. In order to minimize groundless complaints, it will be the responsibility of the complainant to provide written reasons for the University to proceed with an investigation. The respondent(s) will be given an opportunity to respond to the complaint.

If a formal investigation is deemed necessary, the process will be as follows:
The coordinator will provide the designated investigator with terms of reference for conducting the investigation, including a time frame for completion;

There will be full disclosure of the case to the member(s) at the outset of the investigation and a full opportunity for both sides to be heard by an impartial investigator;

Any party may speak through a representative; and

The investigator will provide written recommendation(s) with reasons to the coordinator and to the parties.

The co-ordinator shall ensure that any action taken as a result of the investigator’s findings or recommendations shall be done in a timely way and communicated to the parties in writing. Alternatively, the coordinator shall ensure that the parties will be provided with a written rationale for any decision not to implement the investigator’s recommendations. The investigator will also be informed of the outcome of the process.

Any disciplinary action exceeding a letter of reprimand resulting from .the investigation may be appealed to a single, external arbitrator. The costs of the arbitrator will be shared equally by the mernber(s) and the University.

Original signed on behalf of:

Simon Fraser University The Faculty Association of Simon Fraser University
by Judith Osborne & Sharon Cochran by Malgorzata Dubiel & Susan Taylor

on November 15,1995