1. business and industrial
2. energy
3. oil
4. oil and gas prices

Capilano University (“the University” or “the Employer”)
And
Capilano University Faculty Association (“CFA”, “the
Association” or “the Union”)
Offer of Settlement (“The Offer”)
March 30, 2015
The following package of items is to be considered an Offer for Settlement
(the Offer) submitted by the CFA to the Capilano University for the renewal
of the expired 2014 collective agreement.
The Offer is presented in a package format. Any issue not included in the
Offer from the original list of proposals submitted by either the University
or the Union is deemed to be withdrawn. Where the Offer is not accepted
as a whole, the Offer is withdrawn completely. Any issues left out of the
Offer return to active bargaining status if this Offer is rejected. Any issues
previously tentatively agreed to will retain that same status if this Offer is
rejected.
The Offer is advanced on a without prejudice basis to conclude the renewal
of a Collective Agreement.
1|Page
MEMORANDUM OF AGREEMENT
Between
CAPILANO UNIVERSITY
(“the University” or "the Employer")
And
CAPILANO UNIVERSITY FACULTY ASSOCIATION
(“the Association”, "the Union" or “the CFA”)
THE UNDERSIGNED BARGAINING REPRESENTATIVES OF THE EMPLOYER AGREE
TO RECOMMEND TO THE CAPILANO UNIVERSITY BOARD;
AND
THE UNDERSIGNED BARGAINING REPRESENTATIVES OF THE UNION AGREE TO
RECOMMEND TO THE ASSOCIATION MEMBERSHIP;
THAT THEIR COLLECTIVE AGREEMENT COMMENCING APRIL 01 2014 (the “new
Collective Agreement”), SHALL CONSIST OF THE FOLLOWING:
1. Terms of the 2014 - 2019 Collective Agreement
All of the terms of the 2014-2019 collective agreement continue except as specifically varied in
Schedule A – Proposals and Schedule B Tentatively Agreed.
2. Effective Dates
The effective date for all changes to the new Collective Agreement will be the date of
ratification of this Memorandum, unless otherwise specified.
3. Ratification
The parties expressly agree that, upon the completed signing of this Memorandum of
Agreement, the parties shall recommend the approval of this Memorandum to their respective
principals. Capilano University, and the CFA will conduct their ratification votes within thirty
calendar days of signing of this MOA.
2|Page
This Memorandum of Agreement is also subject to ratification by the Post-Secondary
Employers’ Association Board of Directors within thirty days of signing of this MOA.
Signed this ___ day of March 2015
BARGAINING REPRESENTATIVES FOR
THE EMPLOYER
BARGAINING REPRESENTATIVES FOR
THE UNION:
3|Page
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: CFA proposal of March 26th in MOA format without article numbers and with
clarification of retirement impacts.]
MOA (NEW)
Labour Adjustment Buyouts
The University and the Union agree to Labour Adjustment Buyouts (buyout) being made available on the
following basis:
The University and Union recognize an employee of a functional area facing layoffs often may
prefer to approach their functional area with a buyout proposal subject to the approval of the
functional area under Article 2.8 with respect to the effect on employees being impacted. The
amount of the buyout is governed by Article 11.9 and not subject to functional area approval.
The University and the Union agree to allow the “buyout” this buyout option where the
voluntary choice to resign is requested by the employee and approved by the functional area.
The agreement of the functional area will not be unreasonably withheld.
For the purposes of this agreement the term “buyout proposal” is defined as a voluntary
proposal made by an employee with greater seniority than other employees facing reduction,
where the employee making the proposal will receive an amount equal to the severance they
would be eligible for under 11.8.5.3.5 if reduced under 11.8.
o
The proposing employee will resign from the University at a date agreed to in the
proposal. The reduction eliminations will happen on the same date.
o
The proposing employee shall establish a buyout payment schedule that is consistent
with income tax rules and regulations.
o
The proposing employee will maintain all the rights or benefits of a retiring employee if
they are eligible to begin receiving a College Pension Plan pension. Articles 20.1 and
20.2 will apply to eligible proposing employees.
This language expires on March 31, 2019.
1|Page
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: No change to the CFA proposal of March 26th]
LETTER OF UNDERSTANDING
BETWEEN:
CAPILANO UNIVERSITY
AND:
CAPILANO UNIVERSITY FACULTY ASSOCIATION
Re: Paid Educational Leave
The employer and the union agree to participate in a joint committee (the committee) to review the
provisions of Paid Educational Leave as set out in the collective agreement to:
come to a mutual understanding about effective changes and alterations to PEL process
establish fair and reasonable transition arrangements to any changes with which the
participants may agree
make such recommendations to the parties for their consideration.
The Parties agree that notwithstanding 10.4.2, effective the selection year from August 1, 2016 to July
31, 2017, the total number of full time paid educational leaves shall be divided into two categories:
1. One-half of the available PEL resources for a year shall continue to apply the provisions of
10.4.2 (Paid Educational Leave Seniority Credits); and
2. One-half of the available PEL resources for a year shall be awarded on the basis of merit only
and without application of PEL Seniority Credits.
3. Where the total number of available full time equivalent PEL positions are divided into two
and results in an odd number of positions, the higher number of positions shall be assigned
to Paragraph 1 above (PEL based on employee PEL Seniority Credits).
4. All eligible faculty are entitled to apply for PEL in both categories; that is they may
simultaneous apply in Paragraphs 1 or 2 or both.
Within 30 days after the ratification the parties will each select three representatives and establish
initial meeting dates. The committee shall conclude its work and report out to the parties within 6
months of establishment of the committee.
2|Page
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: No changes to University’s proposal of March 27th.]
1.1
TERM
1.1.1
Term
This Agreement shall be binding on the respective parties from April 1, 201014 to
March 31, 201419. If no Agreement is reached at the expiration of this Agreement,
this Agreement shall remain in force up to the time a strike or lockout commences,
or until a new or renewed Agreement is entered into.
3|Page
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: Only change to University’s proposal of March 27th allows some retro.]
7.3 SALARY SCHEDULE
7.3.1 Effective February 3, 2014
Instructor, Counsellor, Librarian, Special Appointee
Step
1
2
3
4
5
6
7
8
9
10
11
Common
Grid
2%
Stipend
Combined
Per
Annum
Per
Section
Per Inst.
Hour
Per
NonInst.
Hour
86,611
81,136
75,577
72,485
69,829
67,175
64,519
61,864
59,209
56,554
53,900
1,732
1,623
1,512
1,450
1,397
1,344
1,290
1,237
1,184
1,131
1,078
88,343
82,759
77,089
73,935
71,226
68,519
65,809
63,101
60,393
57,685
54,978
11,043
10,345
9,636
9,242
8,903
8,565
8,226
7,888
7,549
7,211
6,872
121.47
113.79
106.00
101.66
97.94
94.21
90.49
86.76
83.04
79.32
75.59
58.43
54.73
50.98
48.90
47.11
45.32
43.52
41.73
39.94
38.15
36.36
7.3.2 Effective April 1, 20151
Instructor, Counsellor, Librarian, Special Appointee
Step
1
2
3
4
5
6
7
8
9
10
11
Common
Grid
2%
Stipend
Combined
Per
Annum
Per
Section
Per Inst.
Hour
Per
NonInst.
Hour
87,477
81,947
76,333
73,210
70,527
67,847
65,164
62,483
59,801
57,120
54,439
1,750
1,639
1,527
1,464
1,411
1,357
1,303
1,250
1,196
1,142
1,089
89,227
83,586
77,860
74,674
71,938
69,204
66,467
63,733
60,997
58,262
55,528
11,153
10,448
9,733
9,334
8,992
8,651
8,308
7,967
7,625
7,283
6,941
122.69
114.93
107.06
102.68
98.91
95.16
91.39
87.63
83.87
80.11
76.35
59.01
55.28
51.49
49.39
47.58
45.77
43.96
42.15
40.34
38.53
36.72
4|Page
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
7.3.3 Effective February 1, 20161,2
Instructor, Counsellor, Librarian, Special Appointee
Step
1
2
3
4
5
6
7
8
9
10
11
Common
Grid
2%
Stipend
Combined
Per
Annum
Per
Section
Per
Inst.
Hour
TBD3
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
Per
NonInst.
Hour
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
TBD
7.3.4 Effective April 1, 20161,2
Instructor, Counsellor, Librarian, Special Appointee
Step
1
2
3
4
5
6
7
8
9
10
11
Common
Grid
2%
Stipend
Combined
Per
Annum
Per
Section
Per Inst.
Hour
Per
NonInst.
Hour
87,914
82,357
76,715
73,576
70,880
68,186
65,490
62,795
60,100
57,406
54,711
1,758
1,647
1,534
1,472
1,418
1,364
1,310
1,256
1,202
1,148
1,094
89,672
84,004
78,249
75,048
72,298
69,550
66,800
64,051
61,302
58,554
55,805
11,209
10,501
9,781
9,381
9,037
8,694
8,350
8,006
7,663
7,319
6,976
123.30
115.51
107.59
103.19
99.41
95.63
91.85
88.07
84.29
80.51
76.73
59.31
55.56
51.75
49.63
47.82
46.00
44.18
42.36
40.54
38.73
36.91
5|Page
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
7.3.5 Effective February 1, 20171,2
Instructor, Counsellor, Librarian, Special Appointee
Step
1
2
3
4
5
6
7
8
9
10
11
Common
Grid
2%
Stipend
Combined
Per
Annum
Per
Section
Per Inst.
Hour
Per
NonInst.
Hour
88,793
83,181
77,482
74,312
71,589
68,868
66,145
63,423
60,701
57,980
55,258
1,776
1,664
1,550
1,486
1,432
1,377
1,323
1,268
1,214
1,160
1,105
90,569
84,845
79,032
75,798
73,021
70,245
67,468
64,691
61,915
59,140
56,363
11,321
10,606
9,879
9,475
9,128
8,781
8,434
8,086
7,739
7,393
7,045
124.53
116.66
108.67
104.22
100.40
96.59
92.77
88.95
85.13
81.32
77.50
59.90
56.11
52.27
50.13
48.29
46.46
44.62
42.79
40.95
39.11
37.28
7.3.6 Effective April 1, 20171,2
Instructor, Counsellor, Librarian, Special Appointee
Step
1
2
3
4
5
6
7
8
9
10
11
Common
Grid
2%
Stipend
Combined
Per
Annum
Per
Section
Per Inst.
Hour
Per
NonInst.
Hour
89,237
83,597
77,869
74,684
71,947
69,212
66,476
63,740
61,005
58,270
55,534
1,785
1,672
1,557
1,494
1,439
1,384
1,330
1,275
1,220
1,165
1,111
91,022
85,269
79,426
76,178
73,386
70,596
67,806
65,015
62,225
59,435
56,645
11,378
10,659
9,928
9,522
9,173
8,825
8,476
8,127
7,778
7,429
7,081
125.16
117.24
109.21
104.74
100.91
97.07
93.23
89.40
85.56
81.72
77.89
60.20
56.39
52.53
50.38
48.54
46.69
44.85
43.00
41.15
39.31
37.46
6|Page
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
7.3.7 Effective February 1, 20181,2
Instructor, Counsellor, Librarian, Special Appointee
Step
1
2
3
4
5
6
7
8
9
10
11
Common
Grid
2%
Stipend
Combined
Per
Annum
Per
Section
Per Inst.
Hour
Per
NonInst.
Hour
90,129
84,433
78,648
75,431
72,666
69,904
67,141
64,377
61,615
58,853
56,089
1,803
1,689
1,573
1,509
1,453
1,398
1,343
1,288
1,232
1,177
1,122
91,932
86,122
80,221
76,940
74,119
71,302
68,484
65,665
62,847
60,030
57,211
11,492
10,765
10,028
9,618
9,265
8,913
8,561
8,208
7,856
7,504
7,151
126.41
118.42
110.30
105.79
101.91
98.04
94.17
90.29
86.41
82.54
78.67
60.80
56.96
53.06
50.89
49.02
47.16
45.29
43.43
41.57
39.70
37.84
7.3.8 Effective April 1, 20181,2
Instructor, Counsellor, Librarian, Special Appointee
Step
1
2
3
4
5
6
7
8
9
10
11
Common
Grid
2%
Stipend
Combined
Per
Annum
Per
Section
Per Inst.
Hour
Per
NonInst.
Hour
90,580
84,855
79,041
75,808
73,029
70,254
67,477
64,699
61,923
59,147
56,369
1,812
1,697
1,581
1,516
1,461
1,405
1,350
1,294
1,238
1,183
1,127
92,392
86,552
80,622
77,324
74,490
71,659
68,827
65,993
63,161
60,330
57,496
11,549
10,819
10,078
9,666
9,311
8,957
8,603
8,249
7,895
7,541
7,187
127.04
119.01
110.86
106.32
102.42
98.53
94.64
90.74
86.85
82.95
79.06
61.11
57.24
53.32
51.14
49.27
47.39
45.52
43.65
41.77
39.90
38.03
7|Page
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
7.3.7 Effective February 1, 20181,2
Instructor, Counsellor, Librarian, Special Appointee
Step
1
2
3
4
5
6
7
8
9
10
11
7.3A
Common
Grid
2%
Stipend
Combined
Per
Annum
Per
Section
Per Inst.
Hour
Per
NonInst.
Hour
91,486
85,704
79,831
76,566
73,759
70,957
68,152
65,346
62,542
59,738
56,933
1,830
1,714
1,597
1,531
1,475
1,419
1,363
1,307
1,251
1,195
1,139
93,316
87,418
81,428
78,097
75,234
72,376
69,515
66,653
63,793
60,933
58,072
11,665
10,927
10,179
9,762
9,404
9,047
8,689
8,332
7,974
7,617
7,259
128.31
120.20
111.96
107.38
103.45
99.52
95.58
91.65
87.72
83.78
79.85
61.72
57.82
53.85
51.65
49.76
47.87
45.98
44.08
42.19
40.30
38.41
PRIVATE MUSIC INSTRUCTION SALARY SCHEDULE
7.3A.1 Effective February 3, 2014
Step
1
2
3
4
5
Per
Hour
57.98
55.81
53.72
51.74
49.81
Per
Section
5,798
5,581
5,372
5,174
4,981
Per
Annum
46,384
44,648
42,976
41,392
39,848
7.3A.2 Effective April 1, 20151
Step
1
2
3
4
5
Per
Hour
58.56
56.37
54.26
52.26
50.31
Per
Section
5,856
5,637
5,426
5,226
5,031
Per
Annum
46,848
45,094
43,406
41,806
40,246
8|Page
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
7.3A.3 Effective February 1, 20161, 2
Step
1
2
3
4
5
Per
Hour
TBD3
TBD
TBD
TBD
TBD
Per
Section
TBD
TBD
TBD
TBD
TBD
Per
Annum
TBD
TBD
TBD
TBD
TBD
7.3A.4 Effective April 1, 20161, 2
Step
1
2
3
4
5
Per
Hour
58.85
56.65
54.53
52.52
50.56
Per
Section
5,885
5,665
5,453
5,252
5,056
Per
Annum
47,082
45,319
43,623
42,015
40,447
7.3A.5 Effective February 1, 20171, 2
Step
1
2
3
4
5
Per
Hour
59.44
57.22
55.07
53.04
51.06
Per
Section
5,944
5,722
5,507
5,304
5,106
Per
Annum
47,553
45,772
44,059
42,435
40,851
7.3A.6 Effective April 1, 20171, 2
Step
1
2
3
4
5
Per
Hour
59.74
57.50
55.35
53.31
51.32
Per
Section
5,974
5,750
5,535
5,331
5,132
Per
Annum
47,791
46,001
44,279
42,647
41,055
9|Page
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
7.3A.7 Effective February 1, 20181, 2
Step
1
2
3
4
5
Per
Hour
60.34
58.08
55.90
53.84
51.83
Per
Section
6,034
5,808
5,590
5,384
5,183
Per
Annum
48,269
46,461
44,722
43,073
41,466
7.3A.8 Effective April 1, 20181, 2
Step
1
2
3
4
5
Per
Hour
60.64
58.37
56.18
54.11
52.09
Per
Section
6,064
5,837
5,618
5,411
5,209
Per
Annum
48,510
46,693
44,946
43,288
41,673
7.3A.9 Effective February 1, 20191, 2
Step
1
2
3
4
5
Per
Hour
61.24
58.95
56.74
54.65
52.61
Per
Section
6,124
5,895
5,674
5,465
5,261
Per
Annum
48,995
47,160
45,395
43,721
42,090
1
The first day of the first full pay period after this date. For April 1, 2015, the first day of the first full pay
period after this date or the first day of the first full pay period after the date of ratification of the
collective agreement (whichever is later).
2
See Common Agreement on the Economic Stability Dividend (ESD). Annual wage rate may be adjusted
depending on the ESD.
3
Annual wage rates to be determined depending on the ESD.
10 | P a g e
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: Only change to University’s proposal of March 27th is to specify the current Senate
Policy.]
LETTER OF AGREEMENT (New)
BETWEEN:
CAPILANO UNIVERSITY
AND:
CAPILANO UNIVERSITY FACULTY ASSOCIATION
Re: Academic Freedom
The University and CFA agree that the Senate Policy on Academic Freedom (Policy No. S2003-01, as of
May, 2010) applies.
EXECUTED this day of
, 2015.
_________________________________
_________________________
Chairperson, Capilano University Board
President, CFA
_________________________________
_________________________
Director, Human Resources
Chair, Bargaining Committee, CFA
11 | P a g e
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: No changes to the University’s proposal of March 27th.]
9.2
GENERAL (STATUTORY) HOLIDAYS
9.2.1
The following days are recognized as General (Statutory) Holidays:
New Year’s Day
British Columbia Day
Family Day
Labour Day
Good Friday
Thanksgiving Day
Easter Monday
Remembrance Day
Victoria Day
Christmas Day
Canada Day
Boxing Day
and any other day declared as such by the Federal or Provincial Government.
12 | P a g e
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: No changes to the University’s proposal part 1 of March 27th. Delete new part 2
proposal of March 27th ]
9.4.7.3 Extended Health
1. Effective the first of January following the date of ratification,
9.4.7.3.1
Default level is:








$25 $50 annual deductible single, couple or family
100% reimbursement of eligible expenses including semi-private hospital room,
paramedical services at $750 per practitioner per person per year,
private duty nursing at $15,000 per year (after age 65 the lifetime maximum
becomes $25,000),
hearing aid maximum at $1,000 in any four consecutive years,
international travel assistance for out-of-Canada coverage,
prescription drugs, and
other costs prescribed by a medical practitioner.
9.4.7.3.2
Options:
9.4.7.3.2.1
Option 1: $250 $275 annual deductible.
9.4.7.3.2.2
Option 2: $500 $525 annual deductible single, couple, or family and prescription
drugs are not covered.
2. Effective the 1st of January 2017 hearing aid coverage which is referred to in Article 9.4.7.3.1 will be
amended to read as follows:

hearing aid maximum at $1,000 in any four consecutive years hearing aid maximum at $1,000
every three consecutive years for enrolled employees and $1,000 in any four consecutive
years for enrolled retirees who are covered under article 9.4.2.3
13 | P a g e
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: No changes to the University’s proposal of March 27th.]
LETTER OF AGREEMENT (New)
BETWEEN:
CAPILANO UNIVERSITY
AND:
CAPILANO UNIVERSITY FACULTY ASSOCIATION
Re: Librarians
The Parties agree to establish a Joint Committee by December 1, 2015. This committee will be
comprised of two (2) representatives from the University and two (2) representatives from the Union.
The Parties agree the Joint Committee:
1. will meet to discuss and understand the concerns of the librarians; and
2. may make recommendations on the items set out in (1) above to their respective principals no
later than December 31, 2016.
EXECUTED this ___ day of
, 2015.
_________________________________
_________________________
Chairperson, Capilano University Board
President, CFA
_________________________________
_________________________
Director, Human Resources
Chair, Bargaining Committee, CFA
14 | P a g e
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: No changes to the University’s proposal of March 27th. Except for grammar
correction.]
LETTER OF AGREEMENT (New)
BETWEEN:
CAPILANO UNIVERSITY
AND:
CAPILANO UNIVERSITY FACULTY ASSOCIATION
Re: TEN MONTH OR THREE TERM & PAY PERIOD REVIEW COMMITTEE
The Parties agree to establish a Joint Committee by January 1, 2016. This committee will be comprised
of two (2) representatives from the University and two (2) representatives from the Union.
The Parties:
1.
will meet to discuss the compatibility of 10 month and 3 term programs with provisions of the
collective agreement;
2. review issues related to the elimination of averaging of pay; and
3. may make recommendations on the items set out in (1) and (2) above to their respective
principals no later than December 31, 2016.
EXECUTED this day of
, 2015.
_________________________________
_________________________
Chairperson, Capilano University Board
President, CFA
_________________________________
_________________________
Director, Human Resources
Chair, Bargaining Committee, CFA
15 | P a g e
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: No changes to the University’s proposal of March 27th.]
11.2.1.2
Deans
Selection of Deans administrators is a duty of the University Board. Such appointments
shall only be made after a Search Committee has recommended an appointee to the
Board University.
11.2.1.2.1
The Committee shall be comprised of an equal number of members of the Union
representatives from the Faculty in which the hire is occurring and the Administration.
The Union shall select its members for such committees and, within two calendar weeks
of receiving a written request, provide the names of the Faculty members to the
University. In addition to the members so selected, a chairperson shall be named by the
President. The chairperson shall be non-voting.
11.2.1.2.2
Staff and/or student representatives may be invited to join such a Committee. In the
event that such additional representatives do join the Committee, the number of
representatives from each additional constituency shall not exceed the number of
Faculty Union representatives on the Committee.
11.2.1.2.3
Although appointments will normally be made from the names submitted by the Search
Committee, the Board University may appoint any candidate whose application has
been placed before the Search Committee. Further, the names of all qualified internal
candidates, whether or not they hold acting appointments, shall be included in the
recommendations referred to above.
16 | P a g e
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: Changed for clarity.]
5.2.1.2
Stage I for Group, Union and Policy grievances shall be a referral submitted to the Joint
standing Committee Union’s Vice President Chief Steward and the University’s Manager,
Employee Relations or designate. The time limit for initiating a Group, Union or Policy
grievance shall be ninety (90) working days after the cause of the difference. This stage
shall not exceed fourteen (14) calendar days.
17 | P a g e
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: Only changes to the University’s proposal of March 27th is to allow terminations
at end of term.]
11.4.2
Continuous Appointment
11.4.2.1
A satisfactory completion of the probationary appointment period shall result in a
continuous appointment and shall establish the employee’s five (5) year cycle for
evaluation pursuant to 11.5.1.4.
11.4.2.2
In the event that the evaluation conducted pursuant to 11.5.1.4 results in the
determination of less than satisfactory performance and judged by the criteria set out in
11.5.2, this appointment will be terminated. Such termination can only occur after
adequate alerting and guidance (see 11.6.7.1).
11.4.2.3
Terminations shall be subject to the procedures specified in 11.6.7.
11.4.2.4
Notice of termination pursuant to 11.4.2.2 shall take effect no earlier than the end of
the last month of the term in which the SEC process is activated by 11.6.7.6. The time
limits of such notice are mandatory. Failure to observe the timelines shall result in the
notice having no force and effect.
18 | P a g e
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: No changes to the University’s proposal of March 27th.]
LETTER OF AGREEMENT (New)
BETWEEN:
CAPILANO UNIVERSITY
AND:
CAPILANO UNIVERSITY FACULTY ASSOCIATION
Re: EVALUATION
The Parties agree to establish a Joint Committee by December 1, 2015 . This committee will be
comprised of three (3) representatives from the University and three (3) representatives from the
Union.
The Parties:
1.
will meet to discuss changes to improve the Article 11.5 Evaluation; and
2.
may make recommendations on the items set out in (1) above to their respective principals no
later than June 30, 2016.
EXECUTED this___day of
, 2015.
_________________________________
_________________________
Chairperson, Capilano University Board
President, CFA
_________________________________
_________________________
Director, Human Resources
Chair, Bargaining Committee, CFA
19 | P a g e
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: No changes to the University’s proposal of March 27th.]
11.7.1.6
A qualified internal candidate is one that has the necessary credentials required by the
functional area, and has Capilano University as his/her primary place of employment.
11.7.1.6.1
Where an internal candidate on alerting and guidance is the recommended candidate,
the regularization of the internal candidate is subject to satisfactory evaluation as
outlined in article 11.5.6.1.
20 | P a g e
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: No changes to the University’s proposal of March 27th except adding “Without
Prejudice and clarifying the language around dual appointment.]
LETTER OF AGREEMENT (Without Prejudice)
Re: MULTI-LOCATION
Articles 6.8.8 and 7.7 of the Collective Agreement will be suspended and have no force or effect for the
term of this Agreement. These Articles will be replaced by the following:
MULTI-LOCATION and MULTI-SITE WORK
1. For the purpose of this Letter of Agreement, the University shall be deemed to be comprised of the
following locations:
North Vancouver Campus
Sunshine Coast Campus
Howe Sound Campus
Mt. Currie Learning Centre
An employee may be assigned to work at any one location of the University.
An employee who accepts an instructional assignment to work in more than one location and is
required to travel to more than one location in the same week shall be reimbursed for travel
expenses at the University’s current rate and shall receive a stipend in lieu of re-imbursement
for other related expenses.
An employee who accepts an instructional assignment to work in more than two locations and is
required to travel to those locations in the same week shall be reimbursed for travel expenses at
the University’s current rate and shall receive stipends in lieu of re-imbursement for other
related expenses.
The above two clauses do not apply to:
employees on reduction
employees who have appointments in different functional areas and at all locations of
assignment
employees who are doing substitution who shall be reimbursed only for travel expenses at the
University’s current rate unless the substitution becomes an assignment
employees who are doing non-instruction work shall be reimbursed only for travel expenses at
the University’s current rate
employees who reside in the location of an additional assignment. However, if an employee
who resides in the location of the additional assignment accepts an instructional assignment to
work at more than one location on the same day, he/she shall be reimbursed for travel
expenses at the University’s current rate.
21 | P a g e
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
An employee cannot demand, and the University cannot insist, that an employee be assigned to
work at more than one location of the University which results in the payment of a stipend.
The stipend, paid on a weekly basis when travel is required, will be sixty dollars ($60.00)
2. For the purpose of this Letter of Agreement, the North Vancouver location shall be deemed to be
comprised of the following sites:
All sites in the Lower Mainland north of the U.S. border up to and including Vancouver and
Burnaby
The municipalities on the North Shore
As far east as Coquitlam, Pitt Meadows, and Surrey (Langley, Maple Ridge and further east
are outside of this area)
An employee may be assigned to work at any one site.
An employee who accepts an instructional assignment to work at more than one site on the same
day shall be reimbursed in the usual manner for kilometers driven at the University’s current rate.
An employee who is required to travel to more than one site for University business not related to
an instructional assignment shall be reimbursed in the usual manner for kilometers driven at the
University’s current rate.
An employee cannot demand, and the University cannot insist, that an employee be assigned to
work at more than two sites.
3. Reimbursement for kilometers traveled between locations and sites will be based on the
University’s current rate.
EXECUTED this [insert date]3rd day of February, 2014.
________________________________
_________________________
________________________________
_________________________
22 | P a g e
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: No changes to the University’s proposal of March 27th.]
6.11.2
Work Overload (see 2.8)
6.11.2.5
Where an overload induced by the following circumstances does not exceed an
aggregate of 0.5 sections overload in any academic year, provisions to comply with
6.11.2.2 shall not be required:





6.11.2.9
Student overloads per 6.11.2.7
Emergency transfers per 6.13
Substitution per 6.14
Assignment to Continuing Studies and Executive Education Extension Programs and
Services as part of workload per 6.15
Travel time per 7.7
Travelling time as calculated under 7.7 of this Agreement may be worked as an
overload under this Agreement.
23 | P a g e
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: The following proposal represents some adjustment to the interest calculation
and approved uses of the fund.]
Article 21
TRUST FUND
21.1
The University and the Union agree that monies owed to faculty as per 21.4 are to be
held in trust for the benefit of faculty. The trust is to be jointly administered in
accordance with the terms and conditions below.
21.2
ADMINISTRATION
21.2.1
The University shall continue to administer and account for the ongoing aspects of the
trust amounts. The University shall provide the Union with an annual reconciliation
summarizing the changes in the trust amounts and shall give the Union access to the
supporting records upon request. All information required to be given to the Union
under this letter of agreement shall be at no cost to the Union.
21.2.2
Annually, prior to October 15, the University shall inform the Union of the amount of
benefit (21.4) generated by the holding of the trust and add this amount to the Benefit
Trust Fund (21.3).
21.3
21.3.1
BENEFIT TRUST FUND
The Benefit Trust Fund is an ongoing trust fund maintained by the University on behalf
of the Union. The use of this fund for any or all of the approved purposes of 21.3.3 is at
the discretion of the Union. The Union will make every reasonable effort to allocate the
annual benefit amount by December 15.
21.3.2
The University shall maintain records for the Benefit Trust Fund. Separate sub-accounts
shall be maintained for each approved purpose. The University shall provide the Union
with an annual reconciliation summarizing the changes in the Benefit Trust Fund and its
sub-account balances and give the Union access to the supporting records upon
request.
21.3.2.1
The balance of these accounts is an ongoing liability of the University. The balances
shall carry forward until used as intended or reallocated by the Union.
21.3.3
Approved Purposes
The approved purposes are:
The purchase of the University’s portion of College Pension Plan past service for
faculty employed as of July 31, 1995, who, prior to 1989, were unable to enrol in
the College Pension Plan;
24 | P a g e
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
The purchase of the employer’s portion of the College Pension Plan past service
for faculty employed as of July 31, 1995 who, prior to 1989 did not join the
College Pension Plan.
Retraining for continuing employees facing the loss of work due to reduction or
changing curriculum requirements;
Retraining for continuing employees to meet new minimum credential
requirements or to facilitate their return to duties in other areas of the
University ;
Reimbursement of continuing employees for professional development
expenses on the basis of sections worked;
Contribution to a matching Grants Fund to encourage the use of Article 24,
Educational Partnership;
Additional contributions to the Paid Educational Leave Fund (10.4.1.1.4);
CFA Award Program;
The cost of benefits, scale placement and step advancement for Private Music
Instructors, will be calculated at eighty-eight (88) hours per section and will be
paid from the amount for vision care coverage referred to above. These costs
will be mutually agreed.
Other purposes as mutually agreed to by the University and the Union.
21.4
ANNUAL BENEFIT
21.4.1
The annual benefit amount is: the deemed investment revenue (21.4.2).
21.4.2
The deemed investment revenue is determined by multiplying the trust fund base
(21.4.2.1) by the trust fund interest rate (21.4.2.2). The deemed investment revenue
shall be the total sum of the following calculations: multiplying the trust fund base
(21.4.2.1), less $600,000, by the trust fund interest rate (21.4.2.2); and, multiplying
$600,000 by the annually confirmed Capilano University Foundation distribution rate in
effect on July 31 of each year.
The deemed investment revenue is determined by multiplying the trust fund base
(21.4.2.1).
The trust fund base is the sum of the following amounts measured on July 31 of each
year:
21.4.2.1
21.4.2.1.1
The value of sections not yet paid to employees as a result of banked 6.11.2 overloads;
21.4.2.1.2
The unspent balance of the Professional Development Accounts (9.4.5.1);
21.4.2.1.3
The unspent balance of one-time amounts identified by the University for faculty;
21.4.2.1.4
The unspent balance of the Benefit Trust Fund and its sub-accounts.
21.4.2.2
The trust fund interest rate shall be the rate for the third quarter prescribed by Revenue
Canada in regulation 4301(b), the rate applicable to refunds made by the Minister on
corporate overpayments.
[Note to Bargaining: The effect of the change in 21.4.2.2 for the third quarter of 2014 would be to have
reduced the interest rate from 3% to 1%.]
25 | P a g e
21.4.3
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
The $600,000 referred to in Article 21.4.2 may not be distributed for any of the
approved purposes of Article 21.3.3 without the Union first providing the University one
year’s notice of a planned distribution. The Union and the Employer may mutually agree
to a different notice period for any planned distribution.
[Note to Bargaining: The extended notice period for distributions allows for a greater investment horizon
and thus greater investment revenue.]
26 | P a g e
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: Only change to the University’s proposal of March 27th.is the provision of 60
copies to the CFA]
3.6
DUTY TO PROVIDE COPIES OF AGREEMENT
3.6.1
Within sixty (60) days of execution of the Collective Agreement the University shall
provide make an electronic copy of the Agreement available to each member of the
bargaining unit.
3.6.2
The University shall provide an electronic copy of the current Collective Agreement to
each prospective employee at such time as the prospective employee is requested to
sign the “Assignment of Wages” mentioned in 3.2.
3.6.3
The University, at its cost, will provide 60 print copies of the Collective Agreement to the
Union. for Coordinators, Stewards and Union Executive Members, plus 50 additional
copies. If the Union requests additional copies it will pay $5.00 per copy thereafter. An
electronic copy of the Collective Agreement will be provided on the University web site.
27 | P a g e
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: No changes to the University’s housekeeping proposal of March 27th.]
Article 15
SEXUAL HARASSMENT
(Housekeeping)
See Article 2 – “Harassment” in the 2014-2019 Common Agreement and Appendix E
Harassment Policy and Procedures.
28 | P a g e
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: No change to the CFA proposal of March 26th]
Article 25
Common Table
Include with appropriate internal numbering the following as Article 25.
Effective [Enter new date]March 3, 2014, the Parties agree to the provisions of the 2010-2012 20142019 Common Agreement and the 2014 FPSE Template Table except as modified herein and by the
2012 [insert correct reference to Common Agreement] FPSE Compensation Template Table Agreement:
1.
2.
Common Faculty Professional Development Fund Article 16 clause 3.1 – Fund shall be amended
to:
(a) “The Fund will be set at zero point two percent (0.2%) of faculty salaries.
Article 9.2.1 – Specific Benefits of the 2010-2012 2014-2019 Common Agreement shall not apply
except as necessary for the application of article 9.2.2.
3.
Notwithstanding 2 above:
a. Life insurance and AD&D will be as per article 9.4.7.1 and 9.4.7.2 of the local agreement
until 11:59pm on March 31, 2014.
The cost of benefits, scale placement and step advancement for Private Music Instructors will be
calculated at eighty-eight (88) hours per section and will be paid from the from Article 21 Trust
Fund. These costs will be mutually agreed.
4.
Article 9.3 – Disability Benefits of the 2012-2014 Common Agreement and 2014 FPSE Template
Table Agreement shall apply except as modified in this local agreement in article 9.5.
5.
Article 11 – Early Retirement Incentive of the 2010-2012 2014-2019 Common Agreement shall
not apply.
6.
Article 3 – Expedited Arbitration except clause 3 “Expedited Arbitrators”, where the following
shall apply: “The Parties will mutually agree on an arbitrator.”
7.
Article 6.6: Educational Technology / Distributed Learning
6.6.1
It is understood that the phrase defining Distributed Learning in this and all following articles
also refers to Educational Technology activities.
6.6.4/ 6.6.5
It is understood that the employer determines what is “necessary”.
Article 7: Leaves
7.1 Definitions
It is understood that “stepchild, stepchild in-law” refers to “stepchildren, step children’s
spouses”.
Article 8: Parental Leave
8.1.1 Definitions
(b) It is understood that base salary does not include stipends, overloads etc…
Article 14: International Education
It is understood that this Article shall govern the terms and conditions for employees originally
hired at BC campuses who travel outside Canada and the US.
14.2 Expenses
8.
9.
10.
29 | P a g e
11.
12.
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
It is understood that travel and other expenses referred to do not include those expenses
incurred when an employee is living in another country.
14.5 Orientation and Return
It is understood that when travel is to Mexico, the employee may not require three (3) working
days inclusive of travel.
Article 15: Health and Safety Equipment
It is understood that “all” relates to appropriate Health and Safety apparel and equipment
required by Worker’s Compensation.
The following provisions of the 2014 FPSE Template Table do not apply:
a. Article 9 – Health and Welfare benefits (c) (ii)
b. Appendix A – Provincial Salary Scale – this has been replaced by the Capilano University
salary grid (see article 7.3)
c. Appendix D – (List of arbitrators)
d. LOA 9 – Section 3 “Expedited Arbitrators”; (note: the remainder of LOA 9 applies)
e. Housekeeping – (e),(f),(h), and (i)
13.
Within 30 days following the date of ratification, the CFA may elect to have the existing short
term disability benefits (STD) cut-off date be amended to be the date upon which the employee
reaches age seventy (70), or the date upon which the employee’s employment terminates,
whichever first occurs. All existing administrative and eligibility requirements remain
unchanged.
The CFA agrees that the STD benefits beyond age 65 component of all current grievances, with
regard to the continuation of STD benefits beyond age 65 shall be withdrawn on a with
prejudice basis. No new grievances on the STD age related coverage issue will be advanced by
the CFA.
[Note to Bargaining: Replace Common Table language with local Article 9.4.6.]
14.
Article 9.1 Joint Committee on Benefits Administration below shall become Article 9.9
9.9.1 Committee Established
The Parties agree to maintain a Joint Committee on Benefits with three (3) members
appointed by each side.
9.9.2 Committee Mandate
The Joint Committee on Benefits has a mandate to undertake tasks related to health
and welfare benefits and disability benefits including:
(a) Comparison and analysis of contract administration and costs, using criteria
developed by the committee.
(b) Monitoring carrier performance including receiving reports from the plan
administrator(s).
(c) Reviewing the cost effectiveness and quality of benefit delivery, service, and
administration by carriers, including access issues.
(d) Tendering of contracts.
30 | P a g e
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
9.9.3 Savings
All savings realized through the process of the Joint Committee on Benefits will be used
to improve benefits, including disability benefits, either through actions taken by the
Committee or the formal bargaining process between the Parties.
9.9.4 Constraints
The Joint Committee on Benefits will not make any changes to the plan provisions that
would increase the costs of health and welfare benefits or disability benefits for
individual employers or reduce plan provisions without the agreement of the Parties to
this Agreement. The Joint Committee shall be authorized to determine appropriate use
of the Article 9.1.3 savings.
9.9.5 Costs of the Joint Committee
The employers will pay for the costs of the committee's operations.
9.4.6
Plan Monitoring
9.4.6.1
The Joint Benefits Review subcommittee of the Joint Standing Committee shall
monitor the implementation and administration of the Flexible Benefits Plan.
9.4.6.2
Joint Committee on Benefits Administration
9.4.6.2.1
Committee Established
The Parties agree to maintain a Joint Committee on Benefits with three (3) members
appointed by each side.
9.4.6.2.2
Committee Mandate
The Joint Committee on Benefits has a mandate to undertake tasks related to health
and welfare benefits and disability benefits including:
9.4.6.2.2.1
Comparison and analysis of contract administration and costs, using criteria developed
by the committee.
9.4.6.2.2.2
Monitoring carrier performance including receiving reports from the plan
administrator(s).
9.4.6.2.2.3
Reviewing the cost effectiveness and quality of benefit delivery, service, and
administration by carriers, including access issues.
9.4.6.2.2.4
`Tendering of contracts.
9.4.6.2.3
Savings
All savings realized through the process of the Joint Committee on Benefits will be used
to improve benefits, including disability benefits, either through actions taken by the
Committee or the formal bargaining process between the Parties.
9.4.6.2.4
Constraints
The Joint Committee on Benefits will not make any changes to the plan provisions that
would increase the costs of health and welfare benefits or disability benefits for or
reduce plan provisions without the agreement of the Parties to this Agreement.
9.4.6.2.5
Costs of the Joint Committee
The University will pay for the costs of the committee's operations.
31 | P a g e
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: No change to the CFA proposal of March 26th]
Amend article 1.6 as follows:
1.6
PERSONNEL AND EVALUATION FILE INFORMATION RELEASE
1.6.1
The University shall not release information contained within individual personnel or
evaluation files without the written authority of the individual employee. In the case of
information, the release of which is necessary to obtain bank loans and mortgages, the
employee may provide the University with prior written authorization for such release.
1.6.2
Nothing in the above provision shall restrict the University in furtherance of the proper
administration of this Agreement or in the reasonable and proper conduct of the
University’s affairs, and shall include, but not be limited to, from the supply of statistical
data to the Ministry responsible for the University or other government bodies to which it is
accountable, and the supply of information to other educational institutions.
1.6.3
The university shall remove all material related to evaluation or discipline related matters
from the personnel file, or any other permanent file maintained by the University, two years
following the earlier of the date of creation or date of submission.
32 | P a g e
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: counter proposal with new language on the issue.]
No Layoffs – Financial Exigency
Amend the collective agreement by adding the following:
11.8.1.1 University Responsibilities
Where the University intends to reduce the workload of employees and/or the number of
employees because of the reasons set out in 11.8.1, the University shall:
11.8.1.1.1 Explore all alternative ways of preventing the layoff of regular faculty members.
11.8.1.1.2 Establish that there are bona fide reasons for the reduction of regular faculty members.
Bona fide reasons are limited to financial exigency (including but not limited to a shortage of
funds); low enrolments continuing after a reasonable attempt by the University to mitigate
and reverse the low enrolments; elimination of a program, course or other work that is
demonstrably redundant.
11.8.1.1.3 Meet with the CFA, by January 15th or a mutually agreed to date, to present preliminary
budget assumptions for the following academic year. The University will give notice at this
meeting if financial exigency is projected for the following academic year.
11.8.1.1.4 If financial exigency will precipitate faculty reductions, the University will consult with the
CFA on the impact of such financial exigency and seek the advice of the CFA on alternatives
to the potential reductions.
11.8.1.1.5 Within 5 business days after a request, the University will provide the CFA or its financial
consultant with the financial records which the University relies on to support its necessity
to reduce the work load of employees and/or the number of employees.
11.8.1.1.6 Financial Exigency is defined, for the purpose of Article 11.8, as a situation in which the
University projects substantial and continuing financial operating deficits which threaten the
continued operation of the University and which are projected, by consistently applied,
generally accepted accounting principles, to persist for at least two years into the future.
33 | P a g e
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: Counter with a retraining in financial exigency moved to retraining.]
Retraining
Amend Article 11.8.5.4 with the following:
Amend Article 11.8.5.4 with the following:
11.8.5.4
Retraining
11.8.5.4.1
The University will use its good offices to secure retraining for any all those reduced
regular employees whose actual workload is zero regular employees reduced below four
(4) sections. Prior to the expiry of their rights to further assignments, these employees
may use the instructional facilities of the University free of charge.
11.8.5.4.2
The University shall make every reasonable effort to assist reduced regular employees
retrain to meet the qualifications for RGA appointments under 11.8.5.2.2.3
11.8.5.4.2.1
An employee who accepts an RGA shall be given the opportunity to retrain for the new
duties , and shall be allowed to perform the new duties while s/he engages in retraining
for a period of one year, and up a maximum of four additional continuous years,
providing the training or retraining is approved by the relevant search-like committee.
34 | P a g e
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: counter proposal with new language on the issue.]
Opt Out of Benefits
Amend the collective agreement as follows:
9.4.2.1
Regular Employees
All regular employees must participate in the Flexible Benefits Plan and the Disability
Income Plans. Eligibility to participate occurs with the commencement of employment
as a regular employee. For a regular employee a Benefit Year is defined as that period
commencing on August 1 and ending on the succeeding July 31.
9.4.2.1.1
Notwithstanding 9.4.2.1 a regular employee with comparable benefits coverage may
suspend their participation in the Flexible Benefits Plan and the Disability Income Plans
for the time while on an approved unpaid leave or leaves.
9.4.2.1.1.1
After the leave ends the employee shall be reinstated in the Flexible Benefits Plan and
the Disability Income Plans.
9.4.2.2
Non-regular Employees
9.4.2.2.1
All non-regular employees may participate in the Flexible Benefits Plan once their
eligibility is established. Eligibility to enrol occurs once the non-regular employee is
assigned four (4) or more sections, or section equivalents in a Benefit Year, or two (2) or
more sections or section equivalents, in an appointment term, with a minimum
appointment of at least four months. For non-regular employees, a Benefit Year is
defined as that period commencing on September 1 and ending on the following August
31.
9.4.2.2.2
Non-regular employees who enrol in the Flexible Benefits Plan must continue to
participate in the Flexible Benefits Plan and must pay the costs of such participation
unless the costs are paid by the University under 9.4.2.2.2.1 to 9.4.2.2.2.3. The employee
may be required by the University to prepay for any period in which the University is not
yet obligated to pay the costs.
9.4.2.2.2.1
Non-regular employees who are assigned two (2) or more sections or section equivalents
in an appointment term shall have the costs of the Flexible Benefits paid by the
University for a period of six months.
9.4.2.2.2.2
Non-regular employees who are assigned four (4) or more sections or section equivalents
in a Benefit Year shall have the costs of the Flexible Benefits paid by the University for a
period of one (1) Benefit Year.
9.4.2.2.2.3
The costs of Flexible Benefits paid by the University for a non-regular employee in a
Benefit Year under 9.4.2.2.2.1 and 9.4.2.2.2.2 shall not exceed one (1) Benefit Year’s
costs.
9.4.2.2.3
Non-regular employees may participate in the dental benefits only when they are
assigned one and one-half (1½) sections or section equivalents, or more, in an
appointment term and are placed on scale. Such participation shall be at the University’s
cost and shall be for a period of six months.
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9.4.2.2.4
SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
Participating non-regular employees must maintain coverage for so long as their
appointment rights exist (i.e. the current semester and three (3) semesters thereafter).
9.4.2.4
Non-Regular Opt Out of Flexible Benefits Plan and Disability Income Plans
9.4.2.4.1
Notwithstanding 9.4.2.2.2 and 9.4.2.2.4 non-regular employees who have enrolled in the
Flexible Benefits Plan and the Disability Income Plans, or any part thereof, may
withdraw from all enrolled Flexible Benefits Plan and the Disability Income Plans at the
end of any Benefit Year.
9.4.2.4.2
Such withdrawing non-regular employees will not be able to rejoin the Flexible Benefits
Plan and the Disability Income Plans until they reestablish their eligibility under 9.4.2.2.1
or become a regular employee.
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SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: No change to the CFA proposal of March 26th]
Non-Regular Appointment Rights Extended by All Work
Replace article 11.5.2.3 with the following:
Non-regular employees who have had workload assigned outside of their appointment area shall have
their reappointment rights extended as if the workload was assigned in their appointment area.
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SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining:
Prejudice.]
No change to the CFA proposal of March 26th except adding Without
Without Prejudice
Union Leave and Union Release
Amend as follows:
10.5.5.2
Union Release
Reasonable release time without pay shall be provided by the University to persons named
by the Union for the conduct of Union business; this release time shall be provided in
section units. The provision of the said release time is contingent on suitable arrangements
being made for the carrying out of the contractual duties to the University of the persons
released. Union release time is considered time worked for purposes of the collective
agreement.
10.5.5.3
Union Leave
An employee shall be granted part or full-time leave of absence for union business, including
work or duties performed for any organization to which the Union is affiliated, subject to the
following:
10.5.5.3.1 The leave shall not exceed two (2) years.
10.5.5.3.2 The leave shall be subject to the reasonable and bona fide curriculum and scheduling
requirements of the University.
10.5.5.3.3 An employee granted the leave shall continue to receive full salary and benefits from the
University and the Union shall, on a monthly basis, reimburse the University for the full
amount of the employee’s salary and benefits.
10.5.5.3.4 The employee shall continue to accrue seniority equal to the sections or section
equivalencies for which s/he is released. Union leave release time is considered time
worked for purposes of the collective agreement.
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SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: A new approach to dealing with the issue that involves no change in current
collective agreement language. If this new approach is not acceptable we revert to our original
proposal.]
LETTER OF UNDERSTANDING
BETWEEN:
CAPILANO UNIVERSITY
AND:
CAPILANO UNIVERSITY FACULTY ASSOCIATION
Re: Regularization Creation and Increase
The employer and the union agree to submit the interpretation of existing language of Articles 11.7.1.1,
11.7.1.3, 11.7.2, and 11.7.3 to binding arbitration with the following constraints:
Any resulting award can recognize the change in status of employees based on past workload,
but such change in status may not cause an increase in salary of affected employees before
August 1, 2015.
Correspondence with the CFA Chief Steward or other members of the executive between
January 1, 2012, and August 15, 2013 shall not be admissible.
Previous agreements or arrangements between the union and the employer, through the Joint
Standing Committee minutes or in separate documents, shall not be admissible.
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SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: No change to the CFA proposal of March 26th]
Changing Regularization for Three Term to Two Term Basis
Replace article 11.7.3 with the following:
11.7.3
Increased or Changed Regularization of Employees
11.7.3.1
A RPT employee shall have the option of increasing his or her regularization commitment
level when the employee has worked one or more sections over the commitment level for
the past two consecutive years (i.e. six consecutive terms) ending at the end of any term.
The increase commitment shall be in whole sections. The maximum number of increased
sections possible shall be determined by the total workload over the two consecutive years,
six terms, divided by two and rounded down to a whole number.
11.7.3.1.1 Where the RPT employee opts for a new commitment level that was realized by work done
over more than two terms in one or both of the two years, then the RPT employee cannot
demand the commitment be met in a shorter time period, nor can the University demand
that a longer time period be applied.
11.7.3.2
Where a RPT employee has previously opted under 11.7.3.1.1 for a commitment level to be
met over more than two terms, and he or she has worked at least four sections in each of
the past two years using only the workload from two terms in each year, the RPT employee
may opt to have his or her commitment level changed to one over two terms. The revised
commitment level shall be determined by the total workload over the four terms used
divided by two and rounded down to a whole number.
Replace 11.7.5.1 with the following:
11.7.5.1
The calculation of the past two, three, or five consecutive years` workload shall be done for
a period ending with a term designated by the employee and based on the known
assignments for the employee as at the earlier of the designated term end or April 1. Any
resulting regularization is to be effective immediately commencing August 1.
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SCHEDULE A – PROPOSALS
CFA Package Proposal March 30, 2015
[Note to Bargaining: We note that this item was not previously agreed with a green sheet.
CFA added three housekeeping changes to the three housekeeping proposals the University’s made
on March 27th.]
Housekeeping
The Parties agree that the following housekeeping changes will be made to the Collective
Agreement:
1. The words “per section” in article 6.2.2.2 should be amended to read “per section per
week”;
2. Change the words “Long Term Disability Plan” in Article 10.1.3 to read “Disability and
Income Plan”; and
3. Change the title “Disability Management and Wellness Advisor” which is found in articles
10.1.4 and 10.3.2 to read “Human Resources”
4. In Article 3.3.3 change “Noon” to read “11:30” and delete “or from 12:30 – 1:30”.
5. Add “(See 2.8) at the end of Article 6.9.2.1
6. Change “unit” to read “bargaining unit” in Articles 8.3.1 and 10.5.5.1
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SCHEDULE B– TENTATIVELY AGREED
CFA Package Proposal March 30, 2015
[Note to Bargaining: No changes to the University’s proposal of March 27th.]
LETTER OF AGREEMENT
Re: 6.2.2.2.1 – SCHEDULED ABE HOURS
Renew
LETTER OF INTENT
RE: COORDINATOR TRAINING
Renew
LETTER OF AGREEMENT
Re: NON-BASE FUNDED PROGRAMS
Renew
LETTER OF INTENT
Re: IMPROVE TERMS OF REFERENCE AND PROVIDE TRAINING FOR THE ALERTING AND
GUIDANCE/CHALLENGE COMMITTEE
Renew
LETTER OF INTENT
Re: LINKAGES TO THE COORDINATORS' MANUAL, UNIVERSITY POLICY AND PAST PRACTICE
Renew
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