Collective Bargaining Report - caut-council

12 (a)
(2015-04)
Collective Bargaining Report
Date:
April 2015
To:
CAUT Council
From:
Jeff McKeil, Chantal Sundaram, Neil Tudiver
Acadia University Faculty Association (AUFA)
Salary increases
 2014-2015 1.75% to the grid (scale and step)
 2015-2016 1.75% to the grid (scale and step)
 2016-2017 1.75% to the grid (scale and step)
Complement revised from Professorial Complement of 182 and the Librarian Complement of
10.
Professorial Complement Floor
 2014-2015—144
 2015-2016—150
 2016-2017—152
Librarian Complement Floor
 2014-2015—6 plus 2 CLTs
 2015-2016—7 plus 1 CLT
 2016-2017—8
New Stipends for Supervision, Independent Studies, and Reading Courses
 $150 per completed honours supervision/Independent Study/Reading Course
 $300 per Masters/PhD supervision
Open Acadia (correspondence courses)
 Course development stipend is the equivalent of a course stipend (increase from
$2500 to $5800/5901/$6005)
 Course redevelopment stipend is the equivalent of half a course stipend
(standardized what was a variable stipend)
ERIP
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1/2 of the payout in 2014-2015
1/2 of the payout in 2015-2016
Return to the language of the 12 CA in 2016-2017
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Collective Bargaining Report / April 2015
Instructor Sabbaticals
 First sabbatical at 100% up from 80%
Equitable Formula for placing hires on the grid
 Removed market differentials
 Acknowledged full-time parenting as relevant professional experience
Pay Equity
 $25,000 fund (down from $50,000)
Non-Compensation
 Student Evaluations are now called Student Surveys
 Streamlined hiring procedures for Part-time courses
 Revived precedence for Part-time Employees
 Improved equity language in hiring procedures
 New sabbatical credit system
 More departmental oversight on Open Acadia (correspondence) courses
Many employer proposals were successfully resisted, including negotiating numerous issues
away from the table, new financial exigency language, deletion of Equity, Pay Equity and
Childcare provisions.
CUPE 3902 Unit 3, University of Toronto Sessionals
On the last day of mediation and with a strike date looming, CUPE 3902 reached a tentative
agreement with the University of Toronto on Wednesday February 18, 2015. The
agreement, which has been subsequently ratified, accomplishes many of the main priorities
the Unit 3 had for this round, including significant job security improvements. Highlights:
Compensation
 Sept. 1, 2014 1.00%; Sept. 1, 2015 0.50% ; Jan. 1, 2016, 0.50% (based on Aug.
31, 2015 salary); Sept. 1, 2016 0.50%; Jan. 1, 2017 0.75% (based on Aug. 31,
2016 salary)
 “One time only” bonuses per courses taught or blocks of hours worked in each year
of the agreement
 Sessionals: $300 bonus per full course ($150 per half)
 Hourly Workers: to 74 hours (per year) $70 bonus; 75 - 149 hours $125 bonus; 150
- 224 hours $180 bonus; 225 - 229 hours: $240 bonus; 300 + hours: $300 bonus
 Course cancellation compensation increased
Job Security
 Courses will not be posted to Unit 1 (TAs) if the same Sessional Lecturers (SL) I Long
Term, SL II, or SL III employee has taught the course during its previous 2 offerings.
A course will not be posted to Unit 1 if the same SL I has taught the course during its
previous 3 offerings
 The rank of SL III is to become a permanent rank at UofT
 The job security commitment to SL III is now extended to all of UofT divisions
(previously limited to selection of divisions)
 Hiring preference can no longer be given “preference” to recent PhD graduates
 Posted positions will no longer be able to be filled by retired faculty
 Joint Working Group to consider/recommend Writing Instructors job security options
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Collective Bargaining Report / April 2015
Advancement
Improved protections and procedures, including: advance notice of classroom observation
date and observers; summary of evidence/reasoning provided if unsuccessful: candidates
appealing now can reply to the Departments submission; new 10 day timeline for
advancement decision.
Health Care Spending Account (HSCA)
 Sessionals: increase from $275 to $325 per half course and cap up from $1375 to
$1625
 Hourly workers/per year: 50 - 99 hours now eligible for $162 HCSA; 100 - 299 hours
increase from $275 to $325; 300 - 449 hours increase from $275 to $487; 450 +
hours increase from $275 to $650
Postings and Application Process
 Improved posting and application procedures, including deletion of the automatic
requirement to produce a syllabi if one already on file
Academic Freedom, Equity and Workplace Human Rights
 Academic freedom rights extended to Writing Instructors
 Employment equity/equal opportunity statement added to agreement
 Gender Identity and Gender Expression added to the no-discrimination clause
 Gender Expression protected under sexual harassment language
 Workplace harassment amended to reference existing labour law as opposed to just
the University’s Civility Guidelines
Leaves
 New Serious Illness, Surgery and Hospitalization Leave (up to two months paid)
 EI top up option for parental leave (previously only for pregnancy leave)
 If a Pregnancy and/or Parental Leave constitutes less than 50% of contract, the
courses will have been deemed to have been taught for advancement purposes
 Bereavement Leave, the leave may be extended without pay
 The Employer will take on the responsibility of finding substitutes for Short Term
Leaves if members are unable to do so (previously it was entirely up to the
employee)
Misc.
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Sessionals and Writing Instructors have the right to be included in Departmental
meetings open to all staff and faculty
Sessional lecturers shall receive advance notice of classroom performance evaluation
visits
Evaluations can be grieved for procedural violations
Members have the right to use Departmental printing and other regular office
equipment (along with the existing right to photocopy) as required for their duties
SL IIIs shall have access to a library card and email services for as long as they hold
their rank
Employer will pay for two members to have basic Health and Safety certification
CUPE 3902 Unit 5 Postdoctoral Fellows
Unit 5 of CUPE 3902, which represents approximately 700 internally, funded Postdoctoral
Fellows at the University of Toronto, reached a tentative agreement for a first collective
agreement in December 2014, which was subsequently ratified by the membership on
January 12, 2015. This hard fought agreement provides a solid foundation from which CUPE
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Collective Bargaining Report / April 2015
can build upon in future rounds. Postdoc's voted to join CUPE 3902 in April 2013, rejected
the employer's initial offer in May 2014 and voted to support a strike in December 2014.
Compensation
 Minimum salary of $27,500 increases to $30,500 January 1, 2015 and to $31,000
January 1, 2016
 $600 lump sum payment for those employed on March 15, 2015 and a $200 lump
sum payment for those employed on January 1, 2016
 Employer assuming 50% of health benefit premiums (up from 100% employee paid)
 EI top up for members on parental and pregnancy leave: less of $700 or 95% of
salary for 2 week waiting periods and lessor of $300 or 95% of salary for 15 weeks
of pregnancy and 8 weeks of parental leaves
 20 paid annual days in total to:
 5 paid sick days
 3 to 5 paid bereavement leave days
 5 paid compassionate care leave days
 12 paid holidays and any UofT Presidential holidays (ESA provides only 9 days)
 15 paid vacation days
Terms and conditions include
 Grievance and arbitration procedure
 Just cause protection for early termination
 Access to job posting procedure
 12 month standard appointment term
 Over work safeguards
 Employer commitment to provide PD opportunities and access to University support
services
 Termination of a $200 service fee charged by the University
Dalhousie (DFA)
The Association ratified a three-year agreement which they achieved without conciliation.
There are salary increases of 2% in the first year, 1.75% in the second year and 1.5% in
the third year. There are also comparability payments for Professors and Associate
Professors in the first two years of the agreement. Major non-monetary gains include the
creation of a new category of Instructor, “University Teaching Fellow,” which will provide
Instructors with a path to promotion similar to that of the Professoriate. Five new tenuretrack positions will be created under the Diversity Faculty Award Program, which recruits
academics from communities that are currently underrepresented at Dalhousie.
Moncton (ABPPUM)
The employer announced a complete hiring freeze during negotiations in which the
Association's main proposal is staff complement. This unpopular move resulted in much
media attention in December. The Association is still in conciliation.
Moncton – Edmundston (ABPPUMCE)
In March 2015 the employer proposed reopening the salary agreement in the final year of a
three-year deal ratified in May 2014 to replace “parity with the Moncton campus” with “0%.”
The Association refused.
Moncton – Shippagan (ABPPUMCS)
In March the Association reached a four-year deal with increases of 0.5% - 2% - 2% with
the fourth year left open. It also includes new course release for new faculty, inclusion of
“pedagogical methods” in the Academic Freedom article, and protection of seniority and
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Collective Bargaining Report / April 2015
eligibility for research course release, sabbatical, promotion and tenure for members on
maternity leave, as well as a joint committee on the development of work-life/family
balance.
Mount Allison (MAFA) Arbitration Award
The 2014 strike by full-time and part-time units was ended after the parties agreed to bring
all outstanding issues to arbitration with Kevin Burkett. The salary award for full-time
members, of 1.75, 2.0% and 2.25%, fell between the union’s position of 3.0% per year of a
three-year agreement and the employer’s 1.25%, 1.5%, 1.75% and 1.75% for a four-year
deal. This is in addition to the 0.5% increase already agreed to in the employer’s
contribution to the DC pension plan. The arbitrator stated that he took the pension
contribution increase into account when determining the salary award. The arbitrator did not
go with either the comparator list of the union or of the employer, on grounds that
“collective bargaining is not intended to be a formula-driven exercise.” The part-time
stipend in the previous agreement was 8.75% of the Assistant Professor floor, or $5,809:
the arbitrator awarded an increase to 9.0% so that the stipend in the first year of the new
agreement rises to $6,079 (9.0% of the floor after increase of 1.75%), or an increase of
4.65%. Anonymous Student Questionnaires (ASQ) are currently used in tenure, promotion
and evaluation at the member’s option. The employer wanted to make the use mandatory.
The arbitrator recognized that “this is a complex, multifaceted and divisive issue that goes
to the heart of what Mount Allison University is as an institution.” He decided to give the
parties “an opportunity to re-engage on this issue” through a joint committee. The
arbitrator retains jurisdiction to rule on ASQs if the parties fail to agree. The arbitrator did
not award any of the Association’s back-to-work protocol requests, to compensate members
for additional make-up work required after the strike and for members’ benefits, on grounds
that “it would be unusual, to say the least, for a third party to direct an employer to
compensate its striking employees for loss of wages incurred as a result of withholding their
labour in the form of a lawful strike.”
Regina (URFA)
At the end of January the Academic Staff Unit ratified an agreement for 2014-2017 with flat
amount increases (instead of percentages): $1,625, $2,200, and $2,200 in each of the
three years (when calculated from the average faculty member salary of approximately
$108,500, this works out to 1.5%, 2.0% and 2.0%). There were also increases to all floors,
ceilings, and merit ceilings, but librarians, instructors, and lab instructors add an increment
at the ceiling. The Sessional Lecturer I stipend of $6,388 increased by flat amounts of $200,
$225, and $250 in each year; the Sessional II stipend of $6,673 and Sessional III stipend of
$7,241 increased by the same flat amounts (this works out for Sessional I to 3.1%, 3.4%
and 3.7% and for Sessional III to 2.8%, 3.0% and 3.3%). Hourly sessional rates go up 3%.
A floor was introduced for the costs of dental, optical, and extended health at the rate of
2% of the payroll for members covered; the Health Care Spending Account increased from
$500 to $900; a new Wellness Spending Account was established to redirect funds from the
HCSA; professional expenses increased from $1,500 to $1,900 with a carry forward of up to
four times the current funds; and expense reimbursement for CAS increased from $200 to
$250 per course. Service (internal and external to the University) was included in Academic
Freedom. The Association gained teaching release time for sessional lecturers to participate
in Association activities, and improvements to CAS preferential status (i.e. “right of first
refusal”): preference is maintained if an assigned course is cancelled, and is maintained for
two years from the time of last appointment; preference trumps qualifications unless formal
written procedures are established. The Association resisted a new "teaching professor"
category and other employer concessions.
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Collective Bargaining Report / April 2015
Royal Roads University Faculty Association (RRUFA)
After many months of bargaining, the RRUFA reached a tentative settlement on February
19th, 2015, which was subsequently ratified by both parties. The Association’s primary goal
for this round was access to sabbatical leaves which was accomplished with the creation of
Research and Scholarship leaves. The key highlights include:
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5 year term: April 1, 2014- March 31, 2019
Wage increases of 5.5 percent over five years, as per the Provincial bargaining
mandate
Research and Scholarship leave for 6 RRUFA members a year (approximately 30
members)
Members who have continuance status and have been at Royal Roads for a minimum
of 6 years are eligible to apply. Preference to be given to those who have not had a
leave previously
Leaves are for 3 months (at 100% pay) or six months (80% pay)
Applications for RS leaves will start immediately (up to May 1 st) upon ratification to
be exercised in fiscal year 2015 or 2016
A new retirement policy that provides ongoing status for retired members (retention
of e-mail address, library privileges, access to buy parking passes at staff rates;
recreation passes at staff rates) and opportunity to exercise phased retirement
during their last two years
Revision of the vacation policy – payout of unused vacation to end and all our
vacation days in the year they are earned are to be taken. Existing accruals of
vacation days (up to March 31, 2015) can be used any time or paid out at time of
employment termination
New Librarian wage scales for Librarian 1, II and III
New language on the Appointment, (17) Continuance (18) and Promotion articles
(19) that broadens the description of a faculty member at each of the ranks so that
it is more inclusive of the various roles and pathways that faculty at Royal Roads
may take. Promotion at all levels (article 19) recognizes the different emphases of
teaching, service and research/scholarship that a faculty member may have
demonstrated during their years at Royal Roads. Research and scholarship activities
have been broadened to be inclusive of many types of activities
St. Michael’s College (UTFA)
After 17 hours of mediation negotiations, the University of Toronto Faculty Association
(UTFA) bargaining committee representing Faculty and Librarians at the University of St.
Michaels’ College (USMC) reached a tentative agreement with the employer early in the
morning of Friday February 6th, 2015. USMC Faculty and Librarians are organized as a
certified bargaining unit and members of UTFA. The negotiations were motivated by the
Associations’ request for a no board report, a 100% strike vote by the members at USMC
and a Friday February 6th strike-lockout deadline.
The parties had been negotiating a renewal of a first collective agreement since May 2014.
A priority issue for the Association was securing proper language within the Agreement for
three Teaching Intensive Faculty whose terms and conditions are covered by a LOU. When
the parties met with a provincially appointed conciliator on October 15 th, 2014, the
employer stated that they no longer wanted a teaching intensive stream and gave notice
that the three positions would be terminated as of June 30, 2015. The Association called an
emergency meeting of the Faculty, after which the employer withdrew the termination
notice, and negotiations resumed. The main issues going into mediation was job security
for Senior Lecturers and compensation.
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Collective Bargaining Report / April 2015
Highlights:
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PTR minima and maxima for each rank shall be the same as the minima and maxima at UofT
LTD will be the same as provided to UTFA members, if the cost is reasonable
The parties shall meet to determine salary after UofT/UTFA salary settlement. If no agreement is
reached, the question of whether the UofT/UTFA settlement or another adjustment should be
applied will be forwarded to arbitration
The Union’s anomaly pay increase proposal for three members will be forwarded to Frank
Iacobucci to determine if adjustments are warranted, and if so how much
Confirmation and agreement that involuntary termination of Teaching Stream Faculty positions
are only possible through just cause or program redundancy
Workplace violence and harassment training for all employees, including persons who exercise
supervisory responsibilities. Training to be offered on campus before April 30, 2015 and
facilitated by third party agreeable to both parties who shall meet with the H&SO Committee
prior to the commencement of the training
Timelines for grievances regarding “Article 3 Non-Discrimination, Harassment, Workplace
Violence and Equal Opportunity” are extended to 6 months
PD Allowance title changed to Professional Expense Reimbursement Allowance and increased to
$1500 from $1000 per academic year for FT tenured/permanent/continuing members
and $1600 for pre-promotion faculty and librarians. PERA for PT members with a 50%+ load shall
be eligible for 80% of the FT PERA amount and for PT members with 49% or less of the FT load
shall be eligible for 50%
Association Unit Chair to be granted a 1 course release annually
New CLTA Librarian positions created limited to 3 year terms with a 2 year break in service
required to re-start the three years period. Only 1 CLTA appointment may be appointed for
“special projects” at any time
University of Toronto Faculty Association (UTFA)
The UTFA and the employer reached a tentative agreement in the fall of 2014 which was
subsequently ratified by the members regarding changes to the role of UTFA in negotiating
terms and conditions in future rounds. This agreement is the culmination of a Special Joint
Advisory Committee that had been meeting since April 2012 and includes:
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Modernization of the Memorandum of Agreement (MoA) between UTFA and the
Governing Council
2.Changes to policies for tenure stream faculty appointments, including an extension
in the time to tenure and provision for a pre-tenure research term
3.Changes to policies for teaching stream faculty including enhanced security of
initialappointments, professorial titles, and three ranks (Assistant, Associate, and
Full); and
4.A new policy laying out procedures to be followed in instances of significant
academic
These are significant changes to the MoA, which has remained unchanged since the early
1980’s. Terms and conditions of employment for faculty and librarians will now be
negotiable through two different avenues of dispute resolution.
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Current method of an independent neutral mediation and arbitration – which
previously was only for across-the-board salary increases, health care benefits,
pension benefits, and a workload policy – now includes a slightly expanded list,
primarily to leave provisions (e.g., sick leave, parental leaves, and research leaves)
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Collective Bargaining Report / April 2015
A new non-binding facilitation and fact-finding process for many matters not
captured by the mediation/arbitration, in particular significant terms or conditions of
employment for faculty or librarians of a University-wide character
Additionally, negotiations began in the fall of 2014 for a new settlement covering issues the
MoA prescribes as being subject to bargaining between the parties and are now heading to
mediation. These negotiations preceded the implementation of the SJAC agreement, and
pertain to matters of compensation and workload.
University of Western Ontario Faculty Association (UWOFA)
UWOFA reached and ratified a 4-year agreement in November 2015 with a 90% strike
mandate which included significant improvements for contract staff and rejected employer
concessions on annual evaluation and merit. Limited-Term (LT) appointments increased to 7
years max; renewal as LT “with no end date” for those with 14 or more years of continuous
LT service (67 Members eligible over life of Agreement). Up to 12 conversions of Limited
Duty (LD - CAS) to LT, one per unit or two joint appointments per unit.
PT (CAS) Salaries: 5% - 2% - 2% - 2%
FT Salaries
Scale
Lump
Sum
2014-15
1.25%
0.81%
0.10%
2.16%
2015-16
1.00%
0.78%
0.05%
1.83%
2016-17
1.00%
0.76%
0.07%
1.83%
2017-18
1.00%
0.09%
1.65%
Year
Career
Trajectory
0.56%
Other*
Total
0.31%
7.68%
Total
4.32%
2.37%
0.56%
*Other = Chairs and Directors in 2014-15 plus PLCP Enhancement (“merit pay” increases).
Career Trajectory Fund: Year 4: $800 per Member (=0.56% of average salary)
 First distribution to correct gender-based anomalies; remaining funds "to be
distributed systematically based on experience and accomplishment” with special
consideration for faculty whose salaries below a trajectory appropriate to their career
stage
 Performance-Linked Career Progress (PLCP): breakpoints and Salary Point Values
increase by 2% each year
Flexible benefit credits for FT Members, as of January 1, 2016: $2000 to be allocated freely,
in $100 increments, to the PER, the HCSA or a taxable Wellness Account Faculty Start-up
Grant: automatic minimum $6000 for all new Probationary Members and LT Members with
at least 40% research. Employer pension contributions increase to 9.0% for FT Members
with 20+ years FT service who are contributing 5.5% of Pensionable Earnings; Members
may elect at any time to increase their contribution from 1.5% to 5.5%. For online courses,
developer holds copyright & has right to teach first time offered, and enrolment limits not to
exceed maxima in unit Workload document.
Wilfrid Laurier University Faculty Association (FT- WLUFA)
Three year term: 2014-2017
 Improved protections and improved conditions for those with multi-campus teaching
assignments
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Collective Bargaining Report / April 2015
Professional Teaching positions: language clarified for: workload priorities for PTPs –
recognition that principal duty is teaching; in-class evaluation procedures;
requirements for scholarly/creative/professional activity and promotion and tenure to
take into consideration heavier teaching load
3-year provisional appointment; external letters required for tenure for non-PTP
Members
Compensation
 1.5% scale increase each year
 CDI, salary floors, overload and online learning stipends increase by scale
 Ontario System Adjustment of $1200 (Assistant, Associate <5 years in rank) or $700
(Associate 5-10 years, Librarian II & III 10 years or less)
 $500 increases to stipends for chairs, program coordinators, area heads and
department heads, with additional stipends for some program coordinators
 New merit increment of $1000 in base for 24% of members, with award distribution
of 40% research, 40% teaching, and 20% service
 New merit process involving self-identification and review by committee
 Research Allowances which can be taken in place of or along with course release (1
course release = $7500 Research Allowance)
 Set minimums for course release (or Research Allowance) and sabbatical credit
 $500 increase to stipends
Special Limited Term Appointments in Business
 3-year renewable contracts after 4th consecutive year as an LTA
 Special consideration for new Professional Teaching Positions
 Limit of 15 in Department of Business
 Sunset clause (2 years) for letters of discipline except for violence or harassment
 Members will be notified of a FIPPA request and will be advised that WLUFA can
assist them
 Role/responsibilities of new Vice-Deans (3 max0 to be examined by a Bilateral
Committee
Benefits
 Increased maximums for paramedical expenses and vision care
 No benefits for retirees who withdraw the commuted value of their pension
 Members retiring after Jan. 1, 2017 will pay 15% of premium (with a 0.5% salary
offset Jan. 1, 2017 to all Members)
Pension
 July 1, 2015 Member contributions increase from 7.5% to 8% below YMPE and from
9% to 9.5% above YMPE (with a 0.5% salary offset)
 January 1, 2016 Member contributions increase from 9.5% to 10% above YMPE (with
a 0.5% salary offset)
 No benefits for retirees who withdraw the commuted value of their pension
Many employer proposals were successfully resisted, including the elimination of
complement language, in-class evaluations for all faculty and radical changes to the
(reduction in CDI, movement to performance-based pay).