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Reclaiming the University FASBU Collective Bargaining Proposals for 2012 1
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The Message Reclaiming the University Teaching and Scholarship - Core of the University Compensation (in all its forms) - Comparable to other Universities Governance - Faculty as Key Stakeholders in the University 2
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The Process Surveyed Membership to discover your priorities for bargaining Visited the academic departments Developed a multi-pronged approach to compensation Ensured all proposed articles are related to the message Reviewed the provincial climate 3
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The Climate Settlements in Ontario since the Public Service Wage Restraint push: average 1.9% ATB increases Since the Ontario election: Public Service cost increase: maximum 1% per year CASBU bargaining made significant gains 4
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The Articles Teaching and Scholarship Compensation Article 14 Confidentiality/Access to Personnel Files Article 28 Sabbaticals Article 15 Privacy Article 29 Financial Compensation Article 19 Faculty Appointments Article 31 Group Benefits Article 20 Limited Term Appointments Article 32 The Nipissing University Pension Plan Article 26 Student Evaluations of Teaching Article 34 Professional Expenses Reimbursement (PER) Article 27 Academic Workload Article 34 b Conference Travel Reimbursement (CTR) NEW Article 28 Sabbaticals Article 35 Leaves and Authorized Absences for Members Governance Housekeeping Article 5 Rights and Privileges of the Association Article 1 Definitions Article 7 Correspondence and Information Article 2 Purpose Article 32 The Nipissing University Pension Plan Article 16 Health, Safety and Security Article 41 Election/Removal/Resignation of Chairs Article 17 Academic Freedom & Academic Responsibility Article 43 Scheduling of Courses Article 18 Rights and Responsibilities Appendix L Tenure and Promotion Procedures Article 23 Cross-Appointment of New Faculty Article X Governance NEW 5
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The Highlights 6
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Teaching and Scholarship Article 14 Confidentiality and Access to Personnel Files Article 15 Privacy Article 19 Faculty Appointments Article 20 Limited Term Appointments Article 26 Student Evaluations of Teaching Article 27 Academic Workload NB 27.7(f) Article 28 Sabbaticals 7
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Article 14: Official Files and Members’ Files Delineated “Official Files” and “Members’ Files” (14.1 a) Official Files have evaluative material e.g. annual reports, student opinion surveys, commendations, complaints (14.1 b) Tenure and Promotion files annexed to the Official Files (14.1 d) Access to Official Files requires identification (14.2 a) 8
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Article 14: Official Files and Members’ Files (cont’d) Official Files available only to authorized representatives of the Employer for the purpose of administering the Collective Agreement (14.2 b) Member may review/amend Official Files for accuracy, relevance, meaning and completeness (14.3) No anonymous material (14.4) Procedures regarding confidential materials (14.5) Procedures regarding filing complaints (14.6) 9
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Article 15: Privacy Right to privacy of Members’ electronic, paper, and other files protected to fullest extent possible (15.1) Only access with the Member’s permission (15.2) Exceptions relate to integrity of the computer network, search by law enforcement acting under court order, access required for the operation of the university (15.3) 10
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Article 15: Privacy (cont’d) Prior notice to Member and Association if access required (15.4) Access to be logged (15.5) Exemptions from FIPPA listed (15.6) 11
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Article 19: Faculty Appointments The addition of Faculty Ratios where “the total number of tenure-track and tenured Members across all ranks will not fall below 75% of the total faculty complement” (19.7) The addition of a start-up research grant application process for LTA3 appointments (19.9) 12
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Article 20: Limited-Term Appointments LTA1 changed to 12 months minimum (20.2 a) In extraordinary circumstances, minimum of 6 months (20.2 e) LTA3 to have Normal or Research Intensive Workload (20.5 d) 13
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Article 26: Student Opinion Surveys of Faculty Teaching Change in title from “Student Evaluations” Primary purpose for self-development and improvement of teaching abilities (26.1a) Paper summaries maintained for previous seven years (26.1c) All completed surveys returned to Member (26.2d) May be used for tenure and promotion but must include mean, standard deviation, frequency distribution, number of respondents and number of students registered in course (26.3) 14
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Article 27: Academic Workload Transition to new workload removed, since it is completed Any faculty doing research can apply for a course release, not just those with tri-council grants (27.2 f) Reduced teaching load potentially renewable after a sabbatical (27.2 g) 15
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Article 27: Academic Workload (cont'd) Two, three-credit course releases for Chairs/Directors (27.4 a,ii) Deans to inform the Association re change to faculty workload from normal to teaching intensive (27.5) The Association also to be informed of number and type of alternative delivery courses taught by FASBU (27.9) 16
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Article 28: Sabbaticals Years of service to include CASBU appointments to a maximum (28.2 b iv) Once approved, the relevant program will maintain the same or greater FTE teaching complement (28.5 c) Changes to first (100%) and subsequent (90 or 100%) sabbatical allowances (28.6) 17
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Compensation Article 28Sabbaticals Article 29Financial Compensation Article 31Group Benefits Article 32The Nipissing University Pension Plan Article 34Professional Expenses Reimbursement (PER) Article 34 bConference Travel Reimbursement (CTR) NEW Article 35 Leaves and Authorized Absences for Members 18
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Article 31: Group Benefits Changes to cost sharing arrangements of group benefits for active Members up to and including age 65, and for those over 65 (31.2, 31.4) Increase in the Health Care Spending Account (HCSA) for retired Members age 65 or over (31.7) Changes to benefits for all retired Members to line up with OTPP Addition of a Long Term Disability Insurance Committee to oversee the plan regarding LTD (31.10 b) 19
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Article 32: The Nipissing University Pension Plan Clarification regarding the Employer’s contribution of 9% (32.1) Members choice of amount of contribution at 1.5%, 3.5%, 5.5% or 7.5% Inclusion of Teacher Pension Plan from former Appendix K 20
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Article 34: Professional Expenses Reimbursement Increased amounts in year 1 ($1900), year 2 ($2000), year 3 ($2100) (34.2) Three year roll-over (currently two) (34.4) Specified per diem amounts: in Canada $60/day, outside Canada $75/day (34.7) Account balance available for Member to view on Webadvisor (34.12) 21
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Article 34b: Conference Travel Reimbursement (New) Annual Conference Travel Fund (CTF) For travel to present at a conference In addition to PER Members may apply for and are eligible to receive a reimbursement of $750 per budget year 22
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Article 35: Leaves and Authorized Absences for Members Parental leave extension of 17 weeks pregnancy leave: 12 weeks at 95% salary Family Day added as statutory holiday 30 days vacation (up from 21) 23
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Article 29: Financial Compensation Faculty Salary Scale (29.2 a) (i) Beginning May 1, 2012 = 3.2% (ii) Beginning May 1, 2013 = 4.0% (iii) Beginning May 1, 2014 = 4.2% 24
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Article 29: Financial Compensation (cont’d) Plus one additional step upon promotion (29.2 b ii) Five additional steps added to each rank on the Salary Scale (29.2 c) Competitive adjustment of $1500 to base salary of every Member (29.2 d) 25
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Compensation Summary Article 28 Sabbaticals with 1 st at 100%, 2 nd at 90% Article 29 Financial Compensation with ATB increases, competitive adjustment, five additional steps to each rank, plus one additional step upon promotion Article 31 Group Benefits Article 32 The Nipissing University Pension Plan with true 9% contribution by Employer 26
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Compensation Summary (cont’d) Article 34 Professional Expenses Reimbursement (PER) increase of $100 per year Article 34 b Conference Travel Reimbursement (CTR) NEW with $750 per year per Member Article 35 Leaves… with 29 weeks of Pregnancy/Parental Leave at 95% salary 27
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Governance Article 5 Rights and Privileges of the Association Article 7 Correspondence and Information Article 32 The Nipissing University Pension Plan Article 41Election, Removal and Resignation of Chairs Article 43Scheduling of Courses Appendix LTenure and Promotion Procedures Article X Governance NEW 28
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Article 5: Rights and Privileges of the Association The addition of course releases for the Association Executive particularly preceding and during a bargaining year (5.7) 29
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Article 7: Correspondence and Information The requirement of the Employer to provide to the Association, the contracts for each of the senior administrative positions (7.3 b vi) 30
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Article 41: Election, Removal and Resignation of Chairs Addition of Directors Addition of Concurrent Education Change of M.Ed to “Graduate Programs in Education” 31
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Article 43: Scheduling of Courses NEW Article 43.1 General Scheduling Provisions One teaching free day per week (Monday-Friday) (43.1 a) All reasonable efforts to schedule as the Member chooses and in consultation with the relevant Academic Unit (43.1 b) Accommodation requests regarding scheduling “will not reasonably be denied.” Any denials will be reported to the Association by March 1. (43.1 c) Joint Scheduling Committee will be constituted annually (43.1 d) 32
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Appendix L:Tenure and Promotion Procedures Bring into the Agreement Some proposed changes may include: Limitations on powers of University President--VPAR as sign-off Clarity on deferral of tenure--right to grieve deferrals out of URAB Flexibility in constitution of FRC for APS- collapsing TP for APS into AS or Education Access to files for grievances 33
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Appendix L:Tenure and Promotion Procedures (cont’d) Timelines One of the references could be an expert in the profession who may not be an academic Clarification on whether candidates can reapply for tenure Option for an abbreviated package with the Member’s ok Chairs of committees to communicate with candidates about delays 34
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Article x : GOVERNANCE, POLICIES, AND OPEN DECISION MAKING (New) Preamble The bicameral system of governance established by the Nipissing University Act, 1992 recognizes the fundamental and important role Members play in the academic governance of the University. The provisions in this article outline best practices for open and transparent governance, and recognize Members’ right to participate in decision making at all levels that relate to the University’s academic mission and programs. 35
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Article x : GOVERNANCE, POLICIES, AND OPEN DECISION MAKING (cont’d) 5.1 Board of Governors (BOG) The Association recognizes the rights, powers, and responsibilities of the Board of Governors to operate and manage the University in accordance with the Nipissing University Act, 1992. The BOG shall exercise those rights, powers, and responsibilities which are pursuant to this Agreement in a fair and reasonable manner. 36
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Article x : GOVERNANCE, POLICIES, AND OPEN DECISION MAKING (cont’d) 5.2 University Senate The BOG and the Association recognize the rights, powers, and responsibilities of the Nipissing University Senate in accordance with the Nipissing University Act, 1992. Any Senate policies which modify terms and conditions of employment for Members will conform to the terms of this Agreement. 37
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Article x : GOVERNANCE, POLICIES, AND OPEN DECISION MAKING (cont’d) 5.3 University Policies Affecting Terms and Conditions of Employment The BOG acknowledges the reasonable, certain, and known rights and responsibilities of Members to participate in the formulation and/or recommendation of academic and Library policies and procedures within the University including the involvement and participation of Members in the selection of senior academic administrators. 38
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Article x : GOVERNANCE, POLICIES, AND OPEN DECISION MAKING (cont’d) (a) All University policies affecting the terms and conditions of employment of Members of the Association will be consistent with the terms of the Collective Agreement. In case of conflict between this Agreement and any University policy, the terms of this Agreement will take precedence. (b) Policies referenced in 5.3 (a) will be subject to grievance and arbitration by either party as provided in Article 39. (c) Any discipline arising from the policies and their implementation will follow the procedures and, if necessary, the disciplinary actions described in Article 40. 39
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Article x : GOVERNANCE, POLICIES, AND OPEN DECISION MAKING (cont’d) (d) Where the Employer is required by law or government agency to introduce or amend policies referenced in 5.3 (a), the Employer may impose such changes only after consultation with the JCAA, and, subsequent to such consultation, by serving written notice to the President of the Association of changes it will impose. Should the Association challenge the imposed introductions or amendments such grievance must be filed within twenty (20) working days of receipt of the written notice. 40
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Article x : GOVERNANCE, POLICIES, AND OPEN DECISION MAKING (cont’d) (e) Every search committee for a Senior and Middle Academic Administrator (President/ Vice- Chancellor; Vice President Academic and Research; Executive Director of Aboriginal Initiatives; Executive Director of External Relations and Advancement; Director of Institutional Planning; Deans; Associate Deans; Assistant Vice President of Research; Vice Deans; Executive Director of the Learning Library; Registrar/ Director of Institutional Planning and Research; Chief Information Officer; Associate Director of Library Services; and any other Senior and Middle Academic Administrative position) will have at least four (4) faculty members as part of its membership. The Faculties of Applied and Professional Studies, Arts and Science, and Education, and Senate will each elect one representative to serve on the search committee. 41
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Article x : GOVERNANCE, POLICIES, AND OPEN DECISION MAKING (cont’d) 5.4 Openness and Transparency The parties agree that openness and transparency are essential to encourage collegiality and academic freedom. In addition, openness fosters accountability and responsibility. Finally, openness serves to safeguard fairness and due process by providing the parties with an opportunity to know and to respond fully to the evidence before a decision maker. 42
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Article x : GOVERNANCE, POLICIES, AND OPEN DECISION MAKING (cont’d) (a) The decision making structure and financial operations of the Employer shall be open. Openness and transparency shall extend to most matters before the BOG and the Senate. (b) An open and transparent process includes but is not limited to the provision of copies of the line budget and expenditure report; the opportunity for timely participation (by the interested parties) when administrators engage in major planning exercises; and public access to debates and decisions. 43
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Article x : GOVERNANCE, POLICIES, AND OPEN DECISION MAKING (cont’d) (c) Open processes and public minutes may be closed in exceptional circumstances. The parties agree that a motion to close a meeting shall require a two-thirds majority and be recorded in the minutes. (d) An open and transparent process requires that the Employer provide at least two weeks advance notice of all open meetings as well as access to the agenda of scheduled meetings. (e) An open and transparent process is equally applicable to the meetings of standing committees and sub- committees. 44
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Housekeeping Article 1 Definitions Article 2 Purpose Article 16 Health, Safety, and Security Article 17 Academic Freedom and Academic Responsibility Article 18 Rights and Responsibilities Article 23 Cross-Appointment of New Faculty 45
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The Strategy NUFA sets the timelines Ratification Vote from December 1-3, 2011 If approved, Notice of Intent to Bargain to be filed December 15, along with list of dates available for negotiation 46
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Your Support Ratification Vote Members for Public Relations and Strike Committee Stay informed and get vocal …. 47
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The Next Steps VOTE DECEMBER 1-3 in the NUFA OFFICE Bracebridge and Brantford may vote by e-mail 48
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Reclaiming the University Together…. 49
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