Article 9 – Collective Bargaining on Other Matters
9. COLLECTIVE BARGAINING ON OTHER MATTERS
9.1 No Unilateral Change in Certain Policies
The University agrees that, during the term of this Agreement, the following policies previously established by negotiations shall remain in effect unless they are changed by mutual consent of the parties:
(a) Policy A 10.01 (Academic Appointments);
(b) Policy A 11.01 (Renewal, Tenure and Promotion);
(c)Policy A 11.02 (Criteria for Appointment, Promotion, Contract Renewal, Tenure and Evaluation);
(d) Policy A 11.08 (Appointment of Part-Time Faculty);
(e) Policy A 11.05 (Modification of SFUFA Bargaining Unit Members’ Appointments);
(f) Policy A 12.01 (Teaching Appointments);
(g) Policy A 12.02 (Laboratory Instructors I and II) was repealed September 13, 1999;
(h) Policy A 12.03 (Librarians) ; excluding 6.2.1, 6.2.2, 7, 8 (superseded by Section 12.0 of the Framework Agreement), 9, 10.1, 10.2, and 13.0;
(i) Policy A 12.05 (Limited Term Faculty);
(j) Policy A 12.10 (Post-Retirement Appointments);
(k) Policy A 20.01 (Faculty Salaries);
(l) Policy A 20.02 (Academic Salary Scale);
(m) Policy A 21.01 (Benefits for SFUFA Bargaining Unit Members, Retirees and Visiting Faculty);
(n) Policy A 21.02 (Relocation Expenses for Tenure-Track Faculty);
(o) Policy A 21.04 (Reimbursement of Professional Development Expenses for Members of the SFUFA Bargaining Unit);
(p) Policy A 21.05 (Tuition Waiver Policy);
(q) Policy A 21.06 (Enhanced Early Retirement);
(r) Policy A 30.01 (Code of Faculty Ethics and Responsibilities);*
(s) Policy A 30.02 (Trimester Operation);*
(t) Policy A 30.03 (Tenure-Track Faculty Workload);
(u) Policy A 30.09 (Disiplinary Measures Policy);
(v) Policy A 31.02 (Study Leave);
(w) Policy A 31.05 (Parental Benefits Policy);
(x) Policy A (Archivists);*
(y) Policy R 30.01 (Copyright Policy); *
(z) Policy R 30.02 (Patent Policy); *
(aa) Policy R 60.01 (Integrity in Research Policy);
Such other policies and procedures which may be negotiated under 9.2.
If a new category of bargaining unit member is created, those provisions of the governing policy which parallel policies included in 9.1 shall be protected under this section from unilateral change.
*These policies are currently being revised in consultation with the Association. The existing version of each policy will be replaced once revisions are finalized and will thereafter be included in 9.1.
9.2 Additional Matters by Mutual Agreement
The parties may at any time agree to determine by negotiation any additional matter relating to the conditions of employment of members of the bargaining unit.
(a) At any time either party may submit to the other written notice of the item(s) on which agreement is sought. If the matter is specified in this article or if it is agreed that the matter is negotiable the parties shall bargain in good faith and make every reasonable effort to reach agreement.
(b) If agreement is reached the matter will be submitted to the membership of the bargaining unit for approval within thirty days. If agreement is reached and if the matter negotiated falls within the powers of the Board of Governors as defined in the University Act (1979) or as subsequently amended, the matter shall be submitted to the Board for approval. If agreement is reached and if the matter does not fall within the powers of the Board, the matter shall be submitted to the President for approval. The date on which the policy enters into force shall be mutually agreed upon and shall be specified at the time of its approval.
9.3 Failure to Reach Agreement
If agreement is not reached and the matter falls under 9.1 above, the policy shall remain unchanged. If agreement is not reached and the matter does not fall under 9.1 it shall remain the responsibility of the University to determine policy.