Full Agreement for Printing
- on the Framework for Collective Bargaining & Consultation
- Simon Fraser University
- The Faculty Association of Simon Fraser University
- 1. Introduction
- 1.1 Preamble
- 1.2 Academic Freedom
- 1.3 Responsibilities of the members of the Bargaining Unit
- 2. Definitions
- 3. Bargaining Agent
- 4. Bargaining Unit
- 4.1 Membership in the Bargaining Unit
- 4.2 Association Membership & Payment of Dues or Equivalent
- 5. No Discrimination
- 6. Limitations of the Agreement
- 6.1 Existing Relationships and Practices to the Terms & Conditions of Employment
- 6.2 Governance
- 7. Duty to Bargain in Good Faith
- 8. Collective Bargaining on Salaries & Economic Benefits
- 8.1 Purpose
- 8.2 Scope of Bargaining
- 8.3 Procedures
- 9. Collective Bargaining on Other Matters
- 9.1 No Unilateral Changes in Certain Policies
- 9.2 Additional Matters by Mutual Agreement
- 9.3 Failure to Reach Agreement
- 10. Consultation on Academic Personnel Policies
- 11. Complaints
- 12. Resolution of Disagreement
- 12.1 Definition & Scope
- 12.2 Step One: Informal respolution of Disagreements
- 12.3 Grievances
- 13. Prohibition of Strikes & Lockouts
- 14. Statements of Interpretation & Amendments
- 14.1 Statements of Interpretation
- 14.2 Amendments to the Agreement
- 15. Association Relations
- 15.1 Provision of Services
- 15.2 Released-Time for Association President & Chair of Economic Benefits Committee
- 15.3 Recognition of Service
- 14.4 Cost Sharing on Approval Procedures
- 16. Approval and Entry into Force
- 16.1 Approval by the Association
- 16.2 Approval by the University
- 16.3 Entry into Force
- 17. Legal Representation
- 18. Duration of Agreement
- Schedule A
- Letter of Agreement
Recognizing that the University is committed to the pursuit of excellence in the advancement and dissemination of knowledge through teaching and research and to service to the local, national and international community, the parties to this Agreement are resolved to cooperate in promoting the attainment of these goals, abiding by the principles of academic freedom and dedication to the performance of professional obligations and responsibilities. It is the purpose of this Agreement:
(a) to establish formally an effective and orderly procedure for the discussion and determination of salaries and economic benefits of bargaining unit members;
(b) to provide protection from unilateral changes to negotiated policies and procedures regarding renewal, tenure, promotion and dismissal of faculty members, to similar provisions for Laboratory Instructors, Professional Librarians and Archivists, and to other policies negotiated under 9.1 and 9.2.;
(c) to confirm the mutual commitment of the parties to consultation in the development and revision of academic personnel policies other than those in (b) above;
(d) to maintain and promote the existing harmonious relationships within the University community and to provide a mutually acceptable means of settling differences which may arise from time to time without resorting to strikes and lock-outs.
1.2 Academic Freedom
Academic freedom is the freedom to examine, question, teach and learn, and it involves the right to investigate, speculate and comment without reference to prescribed doctrine, as well as the right to criticize the University, Faculty Association and society at large. Specifically, academic freedom ensures:
(a) freedom in the conduct of teaching;
(b) freedom in undertaking research and publishing or making public the results thereof;
(c) freedom from institutional censorship.
Academic staff shall not be hindered or impeded in any way by the University or the Faculty Association from exercising their legal rights as citizens, nor shall they suffer any penalties because of the exercise of such rights. The parties agree that they will not infringe or abridge the academic freedom of any member of the academic community. Academic freedom carries with it the duty to use that freedom in a manner consistent with the scholarly obligation to base research and teaching on an honest search for knowledge.
As part of their teaching activities, teachers are entitled to conduct frank discussion of potentially controversial matters which are related to their subjects. This freedom of expression shall be based on mutual respect for the opinions of other members of the academic community.
Librarians have a duty to promote and maintain intellectual freedom. They have a responsibility to protect academic freedom and are entitled to full protection of their own academic freedom. This includes the right to express their academic judgement in the development of the Library collection within the context of Article 1.3.2 and to make the collection accessible to all users in accordance with the University Library policies, even if the materials concerned are considered controversial.
1.3 Responsibilities of the Members of the Bargaining Unit
1.3.1 Responsibilities of Academic Staff (other than Librarians and Archivists )
Appointment as a member of academic staff (other than librarians and archivists) entails a year-round commitment to the varied responsibilities of the position, unless the individual has a written contractual agreement with the University to the contrary. The primary commitment expected of a person holding one of the above positions is the pursuit of excellence in the responsibilities he/she undertakes on behalf of the university. These responsibilities may include:
(a) the conduct of undergraduate and graduate instruction, including curriculum development;
(b) research and scholarly work;
(c) study and professional development;
(d) supervision of student research and thesis preparation;
(e) participation in university administration and service to the university;
(f) public service through such activities as the dissemination of research and the provision of advice and assistance in the community at large.
1.3.2 Responsibilities of Librarians
All Librarians have certain responsibilities which derive from their practice as Librarians and their position as members of the academic community. The responsibilities of Librarians may include:
(a) Professional practice in the University Library by providing professional consultation and assistance to library users and by maintaining and developing the library holdings and information systems on the basis of the needs of Faculties, Schools, Academic Departments and the University Library and the financial resources allocated to the Library.
(b) Academic service within the university, which may include working with other members of the university community to enhance the academic excellence of the University and the quality of academic life, and working in the community at large through the application of the Librarian's academic or professional competence or expertise.
(c) Research and scholarly work, professional development and teaching activities.
1.3.3 Responsibilities of Archivists
All Archivists have certain responsibilities which derive from their practice as Archivists and their position as members of the academic community. The responsibilities of Archivists may include:
(a) Professional practice in the University Archives by providing professional consultation and assistance to archives users and by maintaining and developing archival holdings and information systems on the basis of institutional needs and available financial resources. It is the responsibility of archivists to aid researchers in identifying relevant research materials and in facilitating access to these materials.
(b) Academic service within the university, which may include working within the university community to enhance the academic excellence of the University and the quality of academic life, and working in the community at large through application of the Archivist's academic competence or professional competence or expertise.
(c) Research and scholarly work, professional development and teaching activities.
For the purpose of this Agreement:
"Agreement" means this Agreement;
"agreement" means an agreement in writing, other than this Agreement, between the Association and the University;
"Association" means the Faculty Association of Simon Fraser University;
"consultation" means the mutual exchange of information and opinions for the development or modification of policies and procedures;
"parties" means Simon Fraser University and the Faculty Association of Simon Fraser University;
"President" means the President of Simon Fraser University;
"University" means Simon Fraser University.
3. BARGAINING AGENT
The University recognizes the Association as the sole collective bargaining agent for all members of the bargaining unit on salaries and economic benefits as specified in section 8 below. In addition, the University recognizes the Association as the sole collective bargaining agent on the development or modification of policies and procedures mentioned in 9.1 and additional matters by mutual agreement under Section 9.2.
The University recognizes the right of the Association to represent each of the six distinct groups in the bargaining unit in consultation on the separate policies which relate to each group or which relate to more than one group.
After the date of this Agreement, the University shall not enter into an agreement with any individual member or group of members of the bargaining unit superseding or contravening the terms of the Agreement.
4. BARGAINING UNIT
4.1 Membership in the Bargaining Unit
The bargaining unit shall consist of six separate and distinct groups of academic staff. Specifically it shall consist of all persons employed by the University full-time or part-time as:
(a) Faculty members: instructor, lecturer, senior lecturer, assistant professor, associate professor or professor;
(b) Limited Term Faculty;
(c) Librarians, including Limited Term Librarians and Archivists;
(d) Laboratory Instructors, including Limited Term Laboratory Instructors;
(e) Sessional Lecturers; and
(f) Retired SFU Faculty, Librarians, Archivists and Laboratory Instructors who hold post-retirement appointments;
except persons holding appointment or acting appointment as president, vice-president, associate vice-president, dean, associate dean, university librarian for the period of their administrative appointment or persons designated by the president for specific negotiating or advisory roles in negotiations with the Association for the period of their specific role.
Persons holding visiting or sessional instructor appointments are excluded from the bargaining unit even if the term of appointment or of successive appointments exceeds one year.
4.2 Association Membership and Payment of Dues or Equivalent
No member of the bargaining unit as of January 16, 1980 shall be required to join the Association or to pay dues or the equivalent as a condition of employment. However, except as specified below, it shall be a condition of employment that each member of the bargaining unit appointed during the term of this Agreement join, and pay membership dues to the Association. An exception shall be made to this provision for a person who affirms a conscientious objection to membership in the Association in which case that employee shall pay to a recipient mutually agreed upon by the University and the Association an amount equivalent to membership dues.
The University shall honour a bargaining unit member's written assignment of salary to this effect:
"To Simon Fraser University: Until this assignment is revoked by me in writing I hereby authorize you to deduct from my salary a sum equal to the membership dues in the Faculty Association fixed annually in accordance with its Constitution and to pay that sum to the Faculty Association."
The University shall deduct regularly from the salary of each member of the bargaining unit who provides a written assignment the amount specified above and shall each month forward to the Association the total amount collected together with a list of members from whom deductions were made in that month. In January, May, and September each year the University shall also provide the Association with a list of all members of the bargaining unit. The list shall identify those employees who hold part-time or limited term appointments.
5. NO DISCRIMINATION
The University and the Association agree that decisions concerning the terms and conditions of employment of a bargaining unit member shall be made on the basis of performance and/or performance-related criteria. The University shall not discriminate against any member of the bargaining unit because of race, colour, sex, sexual orientation, national origin, creed, marital status and/or family relationship (except to avoid supervision of one family member by another), political or religious affiliation or belief, age (except where mandatory retirement is permitted by law) or membership or non-membership in, or activities on behalf of, the Association. Nor shall the University discriminate against any member of the bargaining unit by reason of physical or mental disability, illness or incapacity unless two conditions are met: first, that the member cannot satisfy the bona fide occupational requirements; and second, that the University cannot reasonably make an accommodation which would have the effect of enabling the member to satisfy the bona fide occupational requirements.
For the purpose of determining whether or not reasonable efforts to accommodate would enable the member to satisfy the bona fide occupational requirements, the University shall consider past or present disability, illness or incapacity, including addictive illness, only to the extent that it affects the member's current ability to perform the duties required.
6. LIMITATIONS OF THE AGREEMENT
6.1 Existing Relationships and Practices Relating to the Terms and Conditions of Employment
In order to make changes in University Policies not listed in 9.1 or other University practices affecting terms and conditions of employment; or in the relationships between the University and the Association, the following conditions must be met:
When either party indicates that it wishes to change an existing relationship or practice, the other party may indicate in writing that it opposes immediate implementation of the proposed change. In such circumstances, the party proposing the change must give written notice to the other party and may not implement the proposed change for a period of two months from the date of the notice. Where the party proposing the change modifies its original proposal in any substantial way after giving notice, the two month period will be deemed to have commenced on the day that the final modification is transmitted to the other party. The other party may waive all or part of the two month period at its discretion. For the purpose of this provision, "relationships or practices" refer exclusively to Association or University level relationships or practices.
The parties believe that University policies and this Agreement are essentially compatible; however, should conflicts arise between University policies and the express provisions of this Agreement, the latter shall prevail. Nevertheless, nothing in this Agreement shall be taken to limit the powers of Senate, the Board of Governors, the President or other administrative officers as those powers are established in statute, except to the extent essential to implement the arbitration provision.
7. DUTY TO BARGAIN IN GOOD FAITH
The parties shall bargain in good faith in accordance with the procedures set out below, and shall make every reasonable effort to reach agreement.
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.
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 11.04 (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) excluding Sections 11, 13.1, 13.2 (65th birthday) and 15
(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.
10. CONSULTATION ON THE DEVELOPMENT OR MODIFICATION OF ACADEMIC PERSONNEL POLICIES AND PROCEDURES
10.1 Development or modification of policies and procedures significantly relating to the professional duties, responsibilities and privileges of members of the bargaining unit which do not fall under 8 or 9 above shall be subject to consultation with the Association. The Association shall be provided with drafts and given adequate opportunity to suggest revisions.
10.2 In the absence of established policy and procedures, the University is responsible for the operation of the institution and this may involve the formulation of interim policies and procedures. In such an event, the Association shall also be consulted.
10.3 The primary forum for consultation regarding development or modification of policies and procedures shall be a regularly scheduled meeting between representatives of the Association (Executive) and the University (President, Vice-President, Academic ) and such others as are designated by the President.
The University Affairs Committee is a duly established committee of the Faculty Association charged with investigating complaints by members of its bargaining unit. If a complaint is brought to the Committee by a member of the bargaining unit and if the Committee deems the complaint to merit further investigation, the Chair of the Committee has the right, upon one week's notice to the Vice-President, Academic, to review the University's personnel file relating to the complainant, provided that the complainant has authorized the review of the file. Confidential documents contained in the personnel file may not be copied for or by the University Affairs Committee Chair. The Chair or his/her designate may not reveal to anyone any confidential information contained in the file which does not bear on the specific complaint. The Chair may not reveal to the Committee any information which would serve to identify any specific person who was the source of any confidential information contained in the file unless the Chair believes that to do so is in the interest of the investigation. In no case may the identity of any specific person who was the source of any confidential information contained in the file be revealed to the complainant.
12 .RESOLUTION OF DISAGREEMENTS
The University and the Association are committed to resolving disagreements informally wherever possible. They also undertake to resolve disagreements expeditiously.
12.1 Definition and Scope
(a) This section of the Framework Agreement provides a method for resolving disagreements concerning
(i) the interpretation of this Agreement, or of any policy affecting members' terms and conditions of employment.* Issues of interpretation raised by the Association or the University will be referred to the President of the University and the President of the Association. If they are unable to agree, the interpretation issue will proceed directly to arbitration.
(ii) the application or alleged violation of this Agreement, or of any policy affecting members' terms and conditions of employment,* or complaints alleging a breach in the duty of fairness in the application of any policy to individual members or complaints from individual members alleging a breach in the duty of fairness in relation to matters not covered by this Agreement or any policy. These disagreements shall be dealt with in accordance with the procedures set out in this section of the Framework Agreement, although they may be varied by mutual consent.
(b) This Section does not apply to decisions covered by appeal mechanisms already contained in University policies. (See Schedule A)
12.2 Step One: Informal Resolution of Disagreements
(a) The parties agree to use every reasonable effort to encourage informal, amicable and prompt settlement of disagreements.
(b) Informal discussions among the persons directly concerned in the matter giving rise to a disagreement, such as a faculty member and a chair and their respective representative(s) or support person(s), must normally commence within ten (10) working days of the date on which the act or omission giving rise to the complaint became known or ought reasonably to have become known to the party or parties affected. Efforts at informal settlement shall not be unreasonably prolonged.
(c) If the informal discussions fail to resolve the disagreement within ten (10) working days of their commencement, a grievance may be filed.
(a) Types of Grievances
(i) An individual grievance is a grievance initiated by a single member. Where two or more individual grievances relate to the same subject matter, any party to these grievances may suggest that they be dealt with together as a common grievance. The common grievance shall name all the members involved and shall be initiated only with the written consent of all named members.
(ii) A group grievance is a grievance initiated by two (2) or more members involved in the same dispute with the University. The group grievance shall name the members involved and shall be initiated only with the written consent of all named members.
iii) An Association grievance is a grievance initiated by the Association which may, but need not, relate to an actual dispute involving an individual member or group of members.
(iv) A University grievance is a grievance initiated by the University against the Association.
(b) Grievance Procedures
A grievance shall be accompanied by any pertinent documentation available at the time, subject to conditions of privacy and confidentiality. At any time during the grievance, the grievor may opt out of the process upon written notice to all parties involved.
Step Two: Problem Solving
Grievances shall be submitted in writing to the administrator immediately above the person whose act or omission is the basis of the complaint or in the case of a University Grievance to the Faculty Association President.
The appropriate administrator shall meet with the parties directly concerned in the matter giving rise to the disagreement and their representatives or support persons no later than five (5) working days after receipt of the written grievance. Every reasonable attempt to resolve the grievance shall be made. If a settlement is reached it shall be committed to writing and signed by the administrator and the Association or the grievor, if not represented by the Association. In the event that the grievor and the administrator cannot resolve the grievance within ten (10) working days, the administrator shall, within five (5) working days after the expiration of this period, forward to the grievor written reasons for denying the grievance, with a summary of the decision, without identifiers, to the Association.
Step Three: Conciliation
If no resolution is reached a copy of the grievance may be forwarded to the Grievance Conciliation Panel by the grievor(s), within ten (10) working days of the termination of step two.
A Grievance Conciliation Panel shall be constituted within thirty (30) working days of the signing of this Agreement and shall consist of eight (8) persons; four (4) appointed by the University and four (4) appointed by The Association. All members of the Panel shall hold an academic, academic/administrative, professor emeritus, laboratory instructor, librarian or archivist position at the University.
Terms of individuals chosen for the Panel shall be three years. Terms of office will be staggered to ensure some continuity of membership. Should a member of the Panel resign or be unable to serve their full term of office, the party which made the appointment shall name a replacement to serve for the remainder of that member's term of office. Should a member's term of office expire prior to the completion of a case in which he/she is involved, that term will automatically be extended until completion of all the procedures set out in step 3.
Members of the Panel shall be impartial, using their independent judgment to help resolve grievances.
Once notice of the intention to proceed to conciliation has been duly given, the President of the University and the President of the Association1 or their delegates shall each, within five (5) working days of giving or receiving notice, select one (1) member from the Grievance Conciliation Panel to form a Conciliation Committee. These two (2) members will immediately select a Chair for the Conciliation Committee from the Panel or, in the event of a disagreement, the Chair will be chosen by lot from the Panel.
A Committee member shall be excused from hearing a particular grievance where he/she has had prior involvement in the grievance, or where there is a reasonable apprehension of bias or conflict of interest. This issue may be raised by the Committee member or by a party to the dispute and the remaining two members of the Panel will decide if replacement of the Committee member is warranted. Where a Committee member has to be replaced, the party which made the appointment shall name a replacement from the Panel. Should the Chair of the Committee be excused for this reason, then the two remaining members of the Committee will choose a Chair from the Panel. If they cannot agree, the Chair will be chosen by lot from the Panel.
Within five (5) working days after the formation of the Committee, the Grievance Conciliation Committee shall call a meeting of the parties and representative(s)/support person(s) directly involved in the grievance.
The Grievance Conciliation Committee shall assist the parties in their effort to resolve the grievance using mediation, conciliation or other procedures to encourage settlement. If a settlement is reached, it shall be committed to writing and signed by the parties. A copy of the settlement shall be forwarded to the Association where it has represented a grievor(s). Where the Association has not represented the grievor(s), the settlement will be without identifiers. The Committee shall, at the request of either or both parties, produce a written report within ten (10) working days of the final meeting with the parties. This report will be forwarded to the Association where it has represented the grievor(s). Where the Association has not represented the grievor(s), it shall receive a summary of the report without identifiers.
If the efforts of the parties at step 3 to resolve a grievance are unsuccessful, any of the parties may submit within ten working days, the matter to binding arbitration by a single arbitrator. All parties shall be notified of such action in writing.
Step Four: Arbitration
(a) Appointment of Arbitrator
Every other year the University and the Association will name six (6) arbitrators to serve for a two year period. Each of the arbitrators shall serve singly on a rotating basis. If an arbitrator is not available within a reasonable period of time, but in any event not to exceed one (1) calendar month, the next arbitrator in the rotation shall be selected until one of the arbitrators is available. For the next arbitration thereafter the arbitrator who is listed after the arbitrator last selected shall be next in line. By mutual consent of the parties to the grievance, any one may be selected out of turn. If none of the arbitrators is available within a reasonable time, but in any event not to exceed one (1) month, another arbitrator may be selected unless the parties agree to delay the arbitration long enough to make it feasible for one of the named arbitrators to serve. If such selection has not been made within seven (7) working days, any party may request the Minister of Labour for British Columbia to make the appointment.
(b) Time Frame
Following consultation between the parties, the arbitrator will establish the procedure to be followed within two (2) weeks of his/her appointment. The arbitrator shall render his/her decision within four weeks of establishing the procedure. The time frame may be varied by mutual consent of all parties.
(c) Resolution of Grievances
(i) Where the grievance relates to the interpretation, application or alleged violation of the Framework Agreement or of any policy affecting members' terms and conditions of employment, the decision of the arbitrator is final and binding upon the parties.
(ii) Where the grievance relates to a void in the Agreement or policy or to a breach in the duty of fairness and the grievance is upheld, the arbitrator shall annul the decision on which the grievance was based. The matter shall then be referred back to the appropriate administrator for reconsideration. In referring the matter back the arbitrator may make such recommendations as he/she deems appropriate. The decision-maker shall respect the general principles articulated by the arbitrator in making the decision de novo .
(iii) In making a decision, the arbitrator shall not modify the language of the Framework Agreement or of any policy affecting members' terms and conditions of employment.
(d) An arbitrator shall not be barred from hearing a grievance and rendering an award solely on the basis of a procedural or technical irregularity arising under this Agreement.
(e) The respondent has the right to seek to prevent a case proceeding to step 4 by requesting an arbitrator to rule whether the case is frivolous or vexatious. If the arbitrator rules in the affirmative, the case may not proceed further and the grievor will bear 100% of arbitrator's costs. If the arbitrator rules in the negative, the respondent will bear 100% of cost of the arbitrator. The case may then proceed to step 4.
(f) In Step 4, the next arbitrator in rotation will be chosen to hear the case. The respondent and the grievor shall share equally the cost of the arbitrator in step 4.
12.4 The Association will do its utmost to provide representation and/or support at Steps 1 and 2 for any bargaining unit member who so requests. Beyond Step 2, representation and/or financial support are discretionary. If no such representation or support is provided by the Association, the member may still proceed beyond step 2; however, in this situation, the Association will take no part in any proceedings that occur beyond step 2 and will not be responsible for any costs incurred in relation to steps 3 and 4.
12.5 The Resolution of Disagreements section will not be applicable to disagreements which became known or ought reasonably to have become known to the party or parties affected prior to this section entering into force. However, if all parties agree in writing, a disagreement may be dealt with under this section even though the disagreement arose prior to this section entering into force.
13. PROHIBITION OF STRIKES AND LOCKOUTS
For the purpose of this Section:
"strike" includes a cessation of work, or a refusal to work, or a refusal to continue to work, or an act or omission that is intended to, or does, restrict or limit services by members of the bargaining unit in combination or in concert, or in accordance with a common understanding.
"lockout" includes the closing of the University or of any of its facilities, a suspension of the work of members of the bargaining unit, or a refusal to continue to employ a number of members of the bargaining unit, done with a view to compel the Association or members of the bargaining unit to agree to the terms of an agreement.
The Association shall not declare, authorize, ratify or in any way participate in a strike during the term of this Agreement or of any agreement made pursuant to it during such term.
The University shall not lock out members of the bargaining unit during the term of this Agreement or of any agreement made pursuant to it.
14. STATEMENTS OF INTERPRETATION AND AMENDMENTS
14.1. Statements of Interpretation
During the life of this Agreement, statements signed jointly by the President of the University or by his/her designate and the President of the Association may be issued for the purpose of clarifying or implementing the terms of this Agreement or of any of the policies identified in 9.1. Such statements shall have the same force as the Agreement or the policies identified in 9.1 respectively.
Such statements may not amend, add to, or subtract from the terms of the original Agreement or the policies identified in 9.1.
Where the parties cannot agree on a matter of interpretation, the issue will proceed directly to arbitration in accordance with 12.1 (a) (i).
This section supersedes any contradictory or inconsistent interpretation provision in any of the policies identified in 9.1.
14.2 Amendments to the Agreement
Amendments to this Agreement may be made at any time by agreement of the parties. They shall be subject to the same approval procedure as the Agreement.
15. ASSOCIATION RELATIONS
15.1 Provision of Services
The University agrees to provide the Association with office space at standard rental rates and, subject to availability, to provide at standard rates those services normally available to departments, e.g. telephone, duplicating, audio visual, computing, meeting rooms.
15.2 Released-Time for Association President and Chair of Economic Benefits Committee
(a) The President of the Association shall be entitled to a reduction in work load over the term of the appointment. For a tenured or tenure-track faculty member, there shall be a reduction in teaching load and in research expectations of at least half. In addition, there may be such other relief from the normal duties of a faculty member as are consistent with the spirit of this section and which have the approval of the department Chair. For someone other than a tenured or tenure-track faculty member, there shall be commensurate relief. The cost of replacement resulting therefrom shall be shared equally by the Association and the University provided the total shall not exceed the equivalent of sessional stipends for the teaching of four courses per year or if the parties agree, the equivalent of assistant professor, step 4 salary for an eight month appointment.
(b) The Chair of the Association's Economic Benefits Committee shall be entitled to a reduction in workload over the term of the appointment. For a tenured or tenure-track faculty member there shall be a reduction in teaching load of one course. For someone other than a tenured or tenure-track faculty member there shall be commensurate relief. The cost of replacement resulting therefrom shall be shared equally by the Association and the University provided the total shall not exceed the equivalent of a sessional stipend for the teaching of one course per year.
15.3 Recognition of Service
A member's contribution to the work of the Association shall be deemed service to the University and shall be recognized in all assessments of performance including, but not limited to, renewal, tenure, promotion and salary review.
15.4 Cost Sharing on Approval Procedures
Cost of approval procedures conducted under 8.3.5, 9.2 and 16.1 shall be shared equally between the University and the Association.
16. APPROVAL AND ENTRY INTO FORCE
16.1 Approval by the Association
The Association shall submit this Agreement and any amendments subsequently made to it to a mail ballot of members of the bargaining unit. Approval by a majority of those voting shall constitute ratification by the Association.
16.2 Approval by the University
Majority vote by the Board of Governors voting shall constitute approval by the University.
16.3 Entry into Force
Upon approval by the Association and approval by the Board of Governors the Agreement shall be signed by the President of the University and by the President of the Association and shall thereupon enter into force.
16.4 The Resolution of Disagreements section will enter into force thirty working days from the signing of this agreement.
17. LEGAL REPRESENTATION
The University recognizes the obligation not only to provide a harassment-free environment and conditions under which academic freedom can flourish, but also, to provide legal advice, representation and/or indemnification to members of the bargaining unit who encounter problems as a result of carrying out in good faith their responsibilities as defined in 1.3.
This article does not apply to legal action initiated by a member. Also, it does not apply to internal proceedings initiated by the University against a member except that an investigator(s) may recommend payment of reasonable legal expenses when a member is exonerated.
Eligibility for coverage under this article will be treated as a question of interpretation as outlined in 14.1 when the parties cannot agree.
18. DURATION OF AGREEMENT
This Agreement, excepting 1.2, 1.3 and 5 shall commence on the date of signing and shall extend to June 30, 1997. It shall be automatically renewed for one year and thereafter annually unless six months in advance of the expiry date either party has given the other written notice of its intention to renegotiate. Sections 1.2, 1.3 and 5 shall continue without term but are subject to amendment under 14.2.
18.1 This Agreement shall lapse if and when the Faculty Association obtains certification under the provisions of the labour legislation of the Province of British Columbia.
Policies Affecting Terms and Conditions of Employment With Appeal Procedures
A 10 Academic Appointments
A 10.01 Academic Appointments
A 11 Tenure-Track Appointments
A 11.01 Contract Renewal, Tenure and Promotion
A 11.02 Criteria for Appointment, Promotion, Contract Renewal, Tenure and Evaluation
A 12 Other Academic Appointments
A 12.02 Laboratory Instructors I and II *
A 12.03 Librarians *
A 20 Salaries for Academic Appointments
A 20.01 Faculty Salaries (cases under the jurisdiction of USAC and final offer selection)
A 30 Employment Policies for Academic Personnel
A 30.09 Disiplinary Measures Policy
R Intellectual Property
R 60.01 Integrity in Research and Misconduct in Research (when proposed Disciplinary Procedures are negotiated)
* Only those parts which contain appeal procedures. This will be reviewed by both parties.
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
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:
on November 15,1995
LETTER OF AGREEMENT BETWEEN
SIMON FRASER UNIVERSITY
|THE FACULTY ASSOCIATION OF SIMON FRASER UNIVERSITY|
|Simon Fraser University||The Faculty Association of Simon Fraser University|
|by Judith Osborne & Sharon Cochran||by Malgorzata Dubiel & Susan Taylor|