Article 8 – Collective Bargaining on Salaries and Economic Benefits
8. COLLECTIVE BARGAINING ON SALARIES AND ECONOMIC BENEFITS
The following procedure for determining salaries and economic benefits reflects the mutual commitment of the parties to:
(a) maintaining a harmonious relationship and achieving a mutually acceptable negotiated settlement of salaries and economic benefits as important to that end, and
(b) seeking a negotiated settlement consistent with the need to maintain the quality of the academic staff, the need to provide fair compensation for members of the bargaining unit, and the need to maintain and to develop the quality of education.
8.2.1 Scope of Bargaining
The University shall not conduct separate negotiations with individuals who are members of the bargaining unit, except where permitted by Academic Policies and Procedures. Merit (career progress) increments shall be excluded from the scope of bargaining. Stipends for administrative duties and other terms of administrative appointments shall also be excluded.
If the parties are agreed that the University is in a state of financial emergency, (definition to be agreed upon by parties), subsequent bargaining for salaries and economic benefits may include the cost of merit for the duration of the financial emergency.
8.2.2 Salaries and economic benefits for all employees in each of the six groups in the bargaining unit shall be determined in accordance with the following procedures.
Not later than October 15 of the salary year (July 1 – June 30) in which an agreement on wages and economic benefits for any of the six groups in the bargaining unit is to expire, each of the parties shall select not more than four accredited representatives to negotiate a new agreement on wages and economic benefits and shall forward to the other party the names of its negotiators. Negotiators for each party may utilize the services of such consultants and resource persons as they see fit.
Between October 15 and October 31 the parties shall endeavor to agree on a list of three people who may be asked to act as a mediator and a list of three people who may be asked to act as an arbitrator in the event of an impasse in negotiations. If no agreement is reached by October 31, the Associate Chair, (Mediation Division) Labour Relations Board of British Columbia shall be asked to name three people to act as mediator and three people to act as arbitrator. Only if all of the mediators on these lists are unavailable, shall the parties mutually agree to appoint another individual as mediator. Only if all of the arbitrators on these lists are unavailable, shall the parties mutually agree to appoint another individual as arbitrator.
8.3.3 Items for Negotiation
If either party wishes to negotiate major items such as discontinuation or major revision of a salary scale or substantial restructuring of one or more economic benefits it will provide the other party with details by October 1 so that the implications can be more fully studied before negotiations commence.
Within twenty-one working days of the receipt of the provincial government allocation letter, the Association and the University shall deliver to each other notice of their positions on the items on which agreement is sought. Additional items may be introduced subsequently by mutual agreement. The provisions of existing salary scales, pension plans, leave provisions and other economic benefits which have not been specifically referred to in the notice from either party or introduced subsequently by mutual agreement shall remain in force for the ensuing salary year commencing July 1 or for the term of the negotiated agreement on salaries and economic benefits should that be longer than one year.
8.3.4 Period of Negotiation
During the thirty calendar days following the exchange of items on which agreement is sought, the parties shall bargain in good faith and make every reasonable effort to reach an agreement. Negotiations on salaries and economic benefits may not commence until agreement on the previous year's salaries and economic benefits has been concluded.
8.3.5 Approval of Negotiated Settlements
Any agreement on salaries and economic benefits reached by the negotiators shall be subject to the approval of both the Board of Governors and the membership of the bargaining unit. The approval procedures for both parties shall be concluded within thirty days of the completion of the negotiations. If the Board of Governors and the membership of the bargaining unit approve the agreement, the President of the University and the President of the Faculty Association shall sign the agreement on behalf of their respective principals. If the agreement is not approved by both the Board of Governors and the membership of the Faculty Association, negotiations may be resumed for a two week period by mutual consent.
8.3.6 Impasse Resolution
The parties desire to reach a negotiated settlement and will make every effort to do so.
(a) During the period of negotiation, should the parties determine that they cannot reach agreement without assistance, they may agree to call on a mediator from the list mentioned in 8.3.2. In the event that the parties cannot agree on a specific mediator, the mediator shall be selected by lot.
(b) In the event that the negotiators do not reach a settlement on all of the items for negotiation during thirty calendar days, or if the negotiators fail to reach a revised settlement after reconvening under 8.3.5, the following procedure shall apply:
i) the negotiators shall move immediately to appoint an arbitrator by mutual agreement from the list of arbitrators or mediators mentioned in 8.3.2 and in the event that the parties cannot agree on a specific arbitrator, the arbitrator shall be selected by lot from the list of arbitrators mentioned in 8.3.2;
ii) within twenty-one calendar days of the date on which an arbitrator has been determined, each party shall deliver to the other and the arbitrator a written statement of its final position with respect to all unresolved items in negotiations. The statement shall also list any of the items for negotiation which the negotiators had resolved prior to the cessation of negotiations and these items shall form part of the final position of each party;
iii) within twenty-one calendar days of the submission of the final position statements to the arbitrator, he/she shall hold one or more hearings with the negotiators, giving each party opportunity to make presentations using a format determined by the arbitrator in consultation with the parties;
iv) within twenty-eight calendar days of the submission of the final position statement to the arbitrator he/she shall select either the position of the Faculty Association or the University;
v) the award of the arbitrator shall be binding on the Board of Governors and the Association;
vi) the arbitrator is not required to state reasons for the award.
(c) Each party shall pay one half of the fees and expenses of any mediator or arbitrator called upon to act under this agreement.
(d) In the event that any of the dates and timelines specified above cannot be met due to circumstances beyond the control of the parties, the dates and timelines may be adjusted by mutual consent.