Comps 1 & 2 Ratification – Settlement Memorandum

Components 1 & 2  Bargaining 2019 Tentative Settlement Summary   

(Complete Settlement Memorandum follows the summary) (UVic and 4163 (1 and 2) Memorandum Of Agreement Feb 10 2020b signed)


MASTER AGREEMENT

3.07  Information

Addition to membership list info the Union receives:  the number of hours for T.A. appointments


6.02   Sexual and Personal Harassment

Updated the language around harassment complaints.


6.04       Other Complaints or Concerns

Added language to make allowances (e.g. leaves of absence) for those facing violence or abuse in their personal lives.


17.03   Compassionate Leave

Widened scope of reasons for compassionate leave from “life-threatening” to “severe” injury or illness.


17.05 & 17.12   Pregnancy/Parental Leave

Housekeeping – language change – “Pregnancy” to “Maternity”


Article 19 – Health and Safety

19.02 & 19.05 Safety Committee

Housekeeping – language change – “Department/Building” to “Joint Local“ Safety Committee

19.06  Investigation of Work Situations

Housekeeping – change to reflect WCB policy


20.01 Facilities

Added language ensuring employees have both space for student consultation and access to secure storage of student materials (eg tests)


COMPONENT 1

General Wage Increase – Senior Rate

April 1, 2020     1.90%,   September 1, 2020     2.00% ,     September 1, 2021      2.00%

(0.1% in first year buys extra increase to Junior rates)

General Wage Increase – Junior Probationary and Post-Probationary Rates

April 1, 2020     2.00%,   September 1, 2020     2.00% ,     September 1, 2021      2.00%

 


13.01 Postings

Language change – updated equity and human rights language that appears on job postings


16.03 Group Benefit Plans

Language change to reflect the end of MSP premiums


17.06 Pregnancy Leave

Renamed “Maternity Leave”

17.07 Parental (Including Adoption Leave)

Housekeeping – language changes reflecting changes to EI maternity/parental benefits


Letters of Agreement (LOUs)

LOU TA1 – Re: Article 13, Appointment Procedures,  

LOU TA4 – Article 13.01(j) Posting for Additional Positions,   and

LOU TA5 – Re: Procedure for Establishing Initial Job Classification Descriptions

Put in place new deadlines for the Union and the University to accomplish tasks set out in each LOU


LOU TA3 – Conference Award Fund

Increased the award amount from $250 to $450; number of recipients to stay roughly the same.  The increased award amount will come into effect September 1, 2020


LOU TA6 – Hardship Support Fund (NEW)

Establishment of a fund for those facing hardship, using $90,885 in savings from delayed implementation of wage increase. There will be two levels of funding – up to $250 and up to $500. Examples of eligible expenses are rent, emergency child care, groceries, and medical expenses.

The fund will commence September 1, 2020


LOU TA7 – Prep Time (NEW) & Appendix ‘E’ Sample Checklist of Assigned Duties and Approved Work Schedule

New language and an updated Checklist to ensure that TA prep hours are accounted for.


COMPONENT 2 – 2nd LANGUAGE INSTRUCTORS

General Wage Increase

September 1, 2019     2.00%,   September 1, 2020     2.00% ,     September 1, 2021      2.00%

 


ELC Appendix Description

Added “and French Language Program”


9.02 Employee Definitions and Seniority for Second Language Teachers

9.02 (b) (iii)

Language change to reflect practice around maintaining Regular status

9.02 (d)

Housekeeping  change to align language with legislated changes to maternity and parental leave durations.


13.04 (c) Postings of Vacant Second Language Teacher Positions

Language change – updated equity and human rights language that appears on job postings


13.05 Reappointment of Second Language Teachers

13.05 (b)

Language change – divided into four points to increase clarity; language change to reflect existing practice re: Regular Sessional annual work schedule; addition of numerals to (eg 1 with “one”) for clarity

13.05 (c) (ii)

Language changes to reflect existing practice regarding Regular Sessional instructors’ program adds and drops; addition of language stating summer program choice will be by seniority, though subject to operational considerations (see 13.05(d))

13.05 (d)

Language changes to reflect existing practice regarding Regular Sessional instructors’ yearly teaching preferences and assignments; addition of language indicating operational considerations of peak periods (eg August programs) can influence work assignments.


13.05 (g)

Changes to clarify language around rules for substitute teachers being put on contract and paid retroactively


13.06  Probation

Moved Probation Letter of Understanding into main body of agreement, reflecting current practice.  Lowered probation period from 850 to 650 hours.


16.04 Group Benefit Plans & 16.05 Group Benefit Plans – Term Employees

Language change to reflect the end of MSP premiums


17.08  Pregnancy Leave

Renamed “Maternity Leave” ; language change – “Pregnancy” to “Maternity”

17.09 Parental (Including Adoption)

Housekeeping – language changes reflecting changes to EI maternity/parental benefits

17.10 Pregnancy/Parental Leave Supplementary Benefit

Housekeeping – title change to “Maternity” from “Pregnancy” ; language changes reflecting changes to EI maternity/parental benefits

17.11 Pregnancy/Parental Leave – Other Conditions

Housekeeping – title change to “Maternity” from “Pregnancy”; removed outdated mention of physical Record of Employment


17.13 Sick Leave

Brought English Language Centre Term teacher sick leave plan Letter of Understanding into main agreement.


17.14 Long Term Leave Without Pay

Deadline for notification of leave moved from November 30 to 15 to be consistent with other timelines.


17.15 Session Out Second Language Teachers

Language changes to reflect existing practice; addition of a suggested November 15th to request a session out.


25.02 Professional Development for Second Language Teachers  (NEW)

New personal pro-d fund.  Regular Sessionals – $250/year, carry-over up to $1000.  Term instructors  who have worked a minimum of 4250 hrs overall and 900 hours in past year – $250/year, carryover up to $1000 as long as they still qualify (ie 900hrs/year).


26.05 Unanticipated Layoff Following First Two Weeks of Program

Addition of notification by email.


26.06 Pre-Layoff Canvass

New language reflecting existing practice around trying to find alternatives to layoffs.


Letters of Understanding (LOUs)

LOU #ELC3  Re: Teacher Movement

Housekeeping – divided language and changed title to reflect that letter references two different types of teacher movement (elective and short term teachers)


LOU #ELC6-Preparation Time During Easter Holidays

Changed to “Statutory” holidays


LOU #ELC8 – Part time work pre-retirement

Addition of  option to teach full time for ½ of the year; addition of November 15th deadline to request this change to work schedule.


LOU – NEW – Re: Regular Sessional Teachers in the English Language Centre converting to Term Status (Article 9.02(b))

Language allowing, on a trial basis,  Regular Sessional instructors to convert to Term status (maximum 1 teacher/year). Requests to be made by November 15th.


LOU – NEW – Re: Regular Sessional Employees in the English Language Centre converting to Half-Time Status for us to 2 years (Article 13.05)

Allows for 2 Regular Sessionals at any given time to teach less than full time (but at least .5).  Requests to be made by November 15, and once approved, schedule is locked in for that year. Term teachers filling in for such leaves can’t use the work to count towards regularization. Trial scheme to be reviewed before next bargaining.


LOU – NEW – Conference Award Fund

Creation of an annual $14,000 fund to finance conference attendance for ELC teachers.


COMPONENT 2 – CULTURAL ASSISTANTS

General Wage Increase

September 1, 2019     2.00%,   September 1, 2020     2.00% ,     September 1, 2021      2.00%


3.02 Orientation  & 27.04 Seniority

Language changes to reflect that cultural assistants work in more than one area of the Division of Continuing Studies”


26.03 Recall Period

Addition of notification by email.


27.01 Work Scheduling, Breaks, & Overtime

Change to reflect existing practice of weekly hours averaging in peak periods; Change to reflect long standing 40 hr work week for Cultural assistants


27.05 Cultural Assistant Movement Once a Program Has Begun

Housekeeping – change of “Study Centre” to “Learning Centre”


Letters of Understanding (LOUs)

LOU #CA1 Sick Leave for Cultural Assistants

Changes to reflect existing practice and student year; increase of sick leave fund from $1500 to $2000


LOU #CA2 (NEW)  Professional Development Awards for Cultural Assistants

A fund to finance ELC Cultural Assistants’ professional development (workshops, courses, or seminars). 1st year $1200; 2nd year – $2400; 3rd year and continuing – $3600


COMPONENT 2 – RESIDENCE LIFE

General Wage Increase

September 1, 2019     2.00%,   September 1, 2020     2.00% ,     September 1, 2021      2.00%


17.16 Leave for Coop and Exchange (NEW)

Ability to take leaves for co-ops or exchanges; application for such by March 31st and October 15th; leave during fall term gives right of first refusal to work in Spring term.


LOU #RL 1 Residence Life Leaders

Changes to reflect new Letter of Agreement from September 2019 – SCLs receive full room and board for one bedroom apartment and have an increase of stipend form $2000 to $4000.



Memorandum of Agreement

University of Victoria Settlement Proposal to CUPE, Local 4163 (Components 1 & 2)

MASTER AGREEMENT

ARTICLE 3 – UNION DUES AND INFORMATION

3.01 through 3.06 No change.

3.07            Information

(a)      No change

(b)      The University agrees to provide the Union, either prior to or by the fifth (5th) week of each academic term, (or upon reasonable request), with a listing alphabetically by department and by classification of the names, phone numbers, emails, mailing addresses and student status (graduate, undergraduate or none) of bargaining unit members, unless an employee specifically requests otherwise to be excluded from the listing. The listing will also include the appointment hours of the bargaining unit members. For Component 1 members this listing will include the hours of appointment.

Note: Above article 3 originally agreed January 27, 2020.

 

ARTICLE 6 – DISCRIMINATION, HARASSMENT, EMPLOYMENT EQUITY AND OTHER COMPLAINTS

6.01            Discrimination Defined

No change

6.02            Sexual and Personal Harassment

(a)      No change.

(b)      The parties agree to the following guidelines in the event of a harassment complaint affecting any employee in the bargaining unit:

(i)        The Equity and Human Rights Office will inform an employee that Union representation is available at the informal stage of the complaint process.

(ii) (i)         Where an employee has submitted a complaint of harassment beyond the informal stage of the Harassment Policy, the Union will be advised in confidence of the existence of a complaint and the employee will be represented by the Union if the employee elects to proceed with a complaint to the completion of the investigation stage under the Harassment Policy.

Complaints of harassment may be dealt with, in the strictest confidence permissible under the law, as an informal complaint under the University Discrimination and Harassment Policy or as a formal complaint through a grievance under article 10 of the grievance procedure.  Article 7 or any other procedures acceptable to all concerned may be used instead. Participation in such procedures will be without prejudice to all parties and will not prejudice the rights of employees to invoke the grievance procedure under Article 10. The Equity & Human Rights Office will inform an employee that Union representation is available.

(ii)       Where an employee wishes to pursue a formal complaint of harassment beyond the informal or investigative stage of the Harassment Policy, the Union will process the complaint as a grievance under Article 10 of the Agreement, and the complainant and the Union agree to abandon pursuing the complaint under any other University policy, including the Harassment Policy and Procedures. As an alternative, the formal complaint process of the University Discrimination and Harassment Policy or any other procedure acceptable to all concerned may be used and by agreeing to such an alternative, all parties agree to waive their right to file a grievance. All employees will be entitled to union representation during the process they have decided to use and the union will draft an advisory of such to the Equity Office to provide to the employee.

(iv) (iii)      Where an employee is a respondent to a complaint of harassment beyond the informal stage of either the Harassment Policy or another collective agreement, the Union will be advised in confidence of the existence of a complaint affecting the respondent, and the respondent will be referred to the Union for representation throughout any proceedings.

(v) (iv)       These guidelines may be modified, as circumstances warrant by written agreement of the parties and the employee(s) involved in any complaint.

6.03            Employment Equity

No change

6.04            Other Complaints or Concerns

The University and the Union agree to co-operate in a timely manner to resolve complaints of behaviour, including those under Articles 6.01 and 6.02, that involve or affect members of the bargaining unit and have an unreasonably detrimental effect on work performance.

On a case-by-case basis, the parties agree to work collaboratively to make allowances (e.g. leaves of absence) for those facing violence or abuse in their personal lives, while maintaining confidentiality.

 

ARTICLE 17 – LEAVE [For Res Life staff, see instead the Res Life Appendix]

17.01         Leave Provisions

No change.

17.02         Short Term Leave (Four (4) Weeks or less)

No change.

17.03         Compassionate Leave

(a) through (b) No change

(c)      Compassionate leave without loss of pay may be granted by a Department Chair under other reasonable circumstances (e.g. to attend to a family member or close personal friend who has suffered a life-threatening severe injury or illness).

Note:  Above article 17.05 per Union proposal tabled on November 13, 2019.

17.04         Leave for Court Appearances

No change.

17.05         Pregnancy Maternity/Parental Leave

Employees are entitled to Pregnancy Maternity and Parental (including Adoption) Leave as specified in this Collective Agreement and under the Employment Standards Act of British Columbia (RSBC 1996, c. 113), as amended from time to time.

Upon return from leave, employees will be placed in their original positions or, if such placement is not possible, in a comparable placement. It is understood that any such placement is not intended to create employment for which the employee would not have otherwise been eligible under Article 13 of the TA and ELC Appendices.

Note: Above article 17.05 originally agreed January 27, 2020.

17.12         Pregnancy Maternity/Parental Leave

Upon request employees will be granted up to two (2) days’ leave without pay at the time of the birth or adoption of their child.

Note: Above article 17.12 originally agreed January 27, 2020.

17.13         Sick Leave

No change.

17.14         Long Term Leave Without Pay

No change.

17.16         Union Leaves

No change.

 

ARTICLE 19 – HEALTH AND SAFETY

19.01         Cooperation on Safety

No change.

19.02         Safety Committee

It is agreed that employees will have a representative on any departmental or Building Joint Local Safety Committee where members of the bargaining unit are employed.  The Union will have the right to have representation on any University committee which includes employee representatives and which deals with health and safety matters affecting members of the bargaining unit.

19.03         Proper Training

No change.

19.04         Protective Clothing and Equipment

No change.

19.05         Work Hazards

The University will advise employees of hazards known to the University and associated with the work of the employee.  Likewise, the employee will have the duty to make reasonable efforts to be informed of hazards known to the University and associated with the employee’s work, and to report to the Supervisor the absence of or any defect in any protective devices, clothing or equipment, or of any hazard associated with the workplace of which he/she is aware.  If prompt action does not ensue, the employee will inform the Department/Building Joint Local Safety Committee through the Co-Chair or Department Head.

19.06         Investigation of Work Situations

Employees have the right to refuse unsafe work in accordance with regulations enacted by the Workers’ Compensation Board of British Columbia which require a worker who believes work is unsafe to first raise the  issue with his/her  supervisor. If the issue cannot be resolved between them then the supervisor must jointly investigate the matter with a union safety representative before the work continues. If the issue still remains unresolved a Work Safe BC representative must be called. The University and the Union will work cooperatively to resolve these situations quickly and afterwards will take steps utilizing processes through the Joint Local Safety Committee and University Safety Committee to ensure that any unsafe working conditions that might be found do not reoccur.

Employees who believe their work situation is unsafe will immediately notify their supervisor.  The supervisor will immediately notify the Manager of Occupational Health and Safety and the Associate Vice President of Human Resources.  The employees may refuse to work in the situation until the safety problem has been corrected by the University, or until an investigation has determined that the situation is safe.  Any investigation will be initiated by the Associate Vice-President of Human Resources and conducted by a committee of two (2) Union and two (2) University appointees.  If it is the unanimous opinion of the investigating committee members that the work situation is safe, the employees will return to their normal work duties.  Employees may be assigned alternate work during the investigation.

19.07         Transportation of Accident Victims

No change.

Note: Above article 19 originally agreed January 27, 2020.

 

ARTICLE 20 – GENERAL CONDITIONS

20.01         Facilities [For Res Life staff, with respect to 20.01 only, see instead the Res Life Appendix]

Where applicable, and consistent with the facilities available to departments, the University will provide employees with an appropriate place for holding consultations with their students. The University will provide the required equipment, supplies, academic text(s) and facilities that, in the judgment of the University, are necessary for the performance of the employee’s duties, including but not limited to consultation with students and secure storage of student materials, which have been assigned under the provisions of Article 13 of the TA and ELC Appendices. Such facilities will include access to an existing University telephone for work related use.

20.02         Mailbox

No change.

20.03         Record of Employment

No change.

 

ARTICLE 29 – TERM OF AGREEMENT

29.01         Term of Agreement

This Agreement will be binding and remain in full force from the first (1st) day of September 2014 2019 to the thirty-first (31st) day of August 2019 2022 and will continue in force for that period of time required by any applicable Statute of the Province of British Columbia governing collective bargaining.

 

LETTERS OF UNDERSTANDING

Extend into the new collective agreement the below Letters of Understanding:

LOU # 1    Work of the Bargaining Unit   Note: originally agreed December 11, 2019.

LOU # 2    Employee Input   Note: originally agreed December 11, 2019.

LOU # 3    Article 2.02 Exclusions   Note: originally agreed December 11, 2019.

LOU # 5    Re: Article 17.13c) – Sick Leave for Employees working in Appointments of less than three months and/or less than half-time  Note: originally agreed January 27, 2020.

Allow the below Letters of Understanding to fall away:

LOU # 4    Article 6.02 b) Sexual and Personal Harassment (per change to article 6.02)

LOU # 6    Economic Stability Dividend Note: originally agreed December 11, 2019.

 

APPENDIX C       DEFINITIONS

No change.

TA APPENDIX

ARTICLE 13 – POSTINGS & APPOINTMENT PROCEDURES

13.01         Postings

(h)      The application form will identify the position(s) as CUPE 4163, Specialist Instructional, and will contain the following a statement: “  that the University of Victoria is an equity employer and encourages applications from women, persons with disabilities, visible minorities, Aboriginal Peoples, people of all sexual orientations and genders, and others who may contribute to the further diversification of the university.”   committed to upholding the values of equity, diversity, and inclusion in our living, learning and work environments. In pursuit of our values, we seek members who will work respectfully and constructively with differences and across levels of power. We actively encourage applications from members of groups experiencing barriers to equity.  The University’s full equity statement is dated February 10, 2020.

 

ARTICLE 16 – HOLIDAYS, VACATIONS AND BENEFITS

16.03         Group Benefit Plans

(a) through (c) No change.

(d)      Medical Services and Extended Health Benefit Plans

Voluntary participation provided appointment is for a minimum of three (3) consecutive months and half-time or more.

(e)      No change.

(f)       Premiums

All eligible employees who elect to participate, will contribute 50% of the required total premiums for Medical (until the cessation of employee premium requirements), Extended Health, Basic Group Life, and Dental Plans by payroll deduction. Employees will contribute 100% of Optional Group Life premiums.

ARTICLE 17 – LEAVE

17.06         Pregnancy Maternity Leave

Employees who have given birth to a child are entitled to seventeen (17) consecutive weeks of pregnancy maternity leave without pay. Further pregnancy leave without pay, of up to six (6) consecutive weeks, will be granted where the employee is unable to return to work for reasons related to the birth, as certified by a medical practitioner.

Note: Above article 17.06 originally agreed January 27, 2020.

17.07         Parental (Including Adoption) Leave

 

Employees who meet the requirements of one of the following categories are entitled to parental leave without pay as outlined below:

  • i) An employee who has given birth to a child is entitled to either thirty-five (35) consecutive weeks of standard parental leave without pay or sixty-one (61) consecutive weeks of extended parental leave without pay if pregnancy maternity leave is taken. If pregnancy maternity leave is not taken, an employee is entitled to thirty-seven (37) consecutive weeks of standard parental leave without pay or sixty-two (62) consecutive weeks of extended parental leave without pay.
  1. ii) The total pregnancy maternity and parental leave taken must not exceed fifty-two (52) seventy-eight (78) weeks unless further leave is granted under the provisions of Article 17.06 above and/or 17.07(d) (e)

(b)      A birth father of a child, or another person who is recognized by the child’s birth mother as her life partner, and who will act as a parent in relation to the child, is entitled to thirty-seven (37) consecutive weeks of unpaid leave for standard parental leave or sixty-two (62) consecutive weeks of unpaid leave for extended parental leave.

(c)       An employee who is the adoptive parent of a child is entitled to thirty-seven (37) consecutive weeks of unpaid leave for standard parental leave or sixty-two (62) consecutive weeks of unpaid leave for extended parental leave.

(d)       Where a member is eligible for the Employment Insurance (EI) Parental Sharing Benefit, the duration of the parental leave available under this article is extended by:

  1. five (5) weeks where the member has elected to receive the standard parental benefit of thirty-five (35) weeks, such that the total parental leave is extended to forty (40) weeks; or
  2. ii) eight (8) weeks where the member has elected to receive the extended parental benefit of sixty-one (61) weeks, such that the total parental leave is extended to sixty-nine (69) weeks.

(d) (e) Further parental leave without pay, of up to five (5) additional weeks, will be granted where the child is certified, by a medical practitioner or the agency which placed the child, to be suffering from a physical, psychological or emotional condition.

Note: Above article 17.07 originally agreed January 27, 2020.

 

Salary Schedule

Academic & Scientific Assistants

 

General wage increases as follows:

 

April 1,

2020

September 1, 2020 September 1, 2021
Junior Assistants

Probationary Rate

2.00%* 2.00% 2.00%
Junior Assistants

Probationary Rate

2.00%* 2.00% 2.00%
Senior

Assistants

1.90% 2.00% 2.00%
Program Resources Centre Assistants 2.00% 2.00% 2.00%

 

Note: The monthly equivalent may be calculated by multiplying the hourly rate by 152.

*Bargaining Note: the Junior Assistant rates will be additionally increased by the savings from a 1.9% increase to the Senior Rate.

 

APPENDIX A       APPOINTMENT PRIORITY POLICY

No change.

Note: Above Appendix A ‘no change’ originally agreed January 27, 2020 through union withdrawal of its proposal.

APPENDIX B       LETTERS OF UNDERSTANDING

Extend into the new collective agreement the below Letter of Understanding:

LOU # TA 2 Leave for Academic Requirements Note: originally agreed January 27 2020.

Revise the below Letters of Understanding:

LOU #TA 1   Re: Article 13, Appointment Procedures

Originally signed Feb. 22, 1999

Modified Sep. 24, 2012 & Feb 10 2020

The University and the Union, in establishing the appointment/reappointment provisions in Article 13 of the first collective agreement have, to the degree practicable, standardized procedures and working conditions applicable to academic Component I members and positions.

Due to varying practices and procedures within and between faculties and departments, and also due to financial and pedagogical considerations, standardization has not been achieved. The Union understands that these considerations are based on departments’ objectives both to attract quality graduate students by offering bargaining unit positions to incoming students, and to provide appropriate teaching support to the undergraduate programs within existing budgets. During the life of this Collective Agreement the University and the Union are committed to making every reasonable effort to ensure that variances from Appointment Priority Policy A and the terms of appointment as set out in Article 13 above, are limited to those departments where reasonable fiscal and/or pedagogical alternatives or constraints exist.

The University and the Union will, upon request of either Party no later than November 1, 2020, establish a sub-committee of the Labour Management Committee. The purpose of such a committee would be to discuss and, by mutual agreement, make timely recommendations that would:

(a)     facilitate standardization, taking into consideration fiscal and/or pedagogical concerns, and/or

(b)     review proposals from departments for a variance from existing standards.

As a matter of principle, it is agreed that where there is a possibility continued support would not be provided, this must be clearly communicated in a timely manner to the student(s) concerned.

Notwithstanding the foregoing the parties agree that in order to ensure that existing Variances to the Appointment Procedures are current and still meet the standardizing criteria set out above, a committee of one Union person and one Human Resources person will meet to review variances more than three years old. The parties will continue to review variances on a three year rotation basis. Where the department no longer meets the criteria, the department will be given a date (normally the next un-committed assignment year) in which the department must revert to appointment procedures in accordance with the collective agreement.

 

LOU # TA 3 Conference Award Fund

Originally signed Nov. 2, 2012

Modified Feb. 10, 2020

The parties are agreed, for the life of the collective agreement, that a fund including:

  • $55,670 one-time funding ($27,560 in 2012/13 contract year and $28,110 in 2013/14 contract year) due to savings from implementing the general wage increase in four 1% increments on September 1, 2012, March 1, 2013, September 1, 2013 & March 1, 2014 and
  • $21,692 recurring funding due to savings from direct deposit agreement (effective September 1, 2013) and
  • $17,000 upon ratification of the 2019-2022 collective agreement, $34,000 on September 1, 2020, and $52,000 on September 1, 2021 – all from the Service Improvement Allocation

will support Conference Travel awards that will be available to eligible CUPE Local 4163 Component 1 members for the purpose of attendance at academic or research related conferences, workshops or seminars that  enhance currency in their field of study and their work in CUPE 4163 positions which support  the academic achievement of undergraduate students.

The funds will be dispersed as determined by a joint committee of two representatives appointed by the Union and two representatives appointed by the University. The committee will follow these criteria in making their decisions:

  1. Applications, available on the CUPE 4163 website, must be complete prior to consideration by the committee;
  2. Applications will only be considered from those who have not received prior funding from this account in the current academic year (September to August);
  3. Awards, normally of no more than $450 will be distributed on a first come, first serve basis;
  4. Eligible expenses will include:
  • conference, workshop or seminar fees;
  • travel (excluding travel to UVic) at standard fares;
  • accommodation at standard room rates;
  • meals up to the UVic per diem rate;
  • material costs associated with the event (e.g. creating a conference poster), or
  • other reasonable expenses as agreed to by the committee.
  1. Equipment purchasing costs will not be considered for reimbursement.

 

Reimbursement will be through submission of an itemized UVic travel expense claim form (available on the CUPE 4163 website) with written approval from the committee and original receipts to Accounting.

 

The $22,192 is available from savings accruing due to agreement to the move to direct deposit. While this LOU is for the life of the collective agreement, the funds are continuing in nature; therefore, if the parties do not extend this LOU in the next collective agreement, these funds will be redirected to another mutually agreed purpose.

 

LOU # TA4 Article 13.01(j) Posting for Additional Positions

Originally signed Mar. 31, 2016

Modified Feb. 10, 2020

The parties are agreed that on or before October 1, 2018 2020 2 Union and 2 University representatives will meet to review departmental data gathered by the University showing the number and nature of additional positions that came available in the time after the original posting closed and a month before the beginning of the term for the winter and fall terms in 2016, 2017 and 2018 2019 and 2020. Based on that data the parties will make a joint recommendation, if possible, to the 2019 2022 bargaining committees with respect to the introduction of the following language into the 2019 2022 collective agreement:

(j)   If additional positions become available after the original posting and before August 1 for the fall term and December 1 for the winter term then the department will post the positions for 5 days with a deadline for applications set for 2 days after the last day of the posting. When additional positions become available after August 1 or December 1 then these positions may be filled without a posting. When the academic unit fills these assignments, the provisions of article 13.02 will apply and the Dean, Director, Chair, or designate, will consider those who have previously done the work, or have submitted an application for this or similar work in response to the most recent posting.

Note: The above LOU #TA4 originally agreed January 27, 2020.

LOU # TA5      Re: Procedure for Establishing Initial Job Classification Descriptions

Originally Signed Feb. 22, 1999

Modified Feb. 10, 2020

The parties agree to make their best efforts to complete the process below within three months of signing the Collective Agreement. by August 31, 2020.

  • Job Classification descriptions will be prepared describing the general nature of duties for all classifications within the bargaining unit.

(b)  The format of the job and classification description(s) will be developed by mutual agreement, taking into consideration the principle of gender neutrality.

(c)   Draft position descriptions will be completed by representative incumbent(s) in the classification, and submitted to the supervisor(s) for review and comment.

(d)  Completed draft descriptions shall be forwarded to the Human Resources Department. Human Resources will prepare a Classification Description in consultation with the Union.

(e)  The final agreed job classification description(s) will be forwarded to all relevant employees and supervisors.

Note: The above LOU # TA 5 originally agreed January 27, 2020.

Add the below new Letters of Understanding:

LOU # TA 6      Hardship Support Fund (new in TA Appendix)

The parties are agreed, for the life of the collective agreement, that a fund including:

  • $90,885 due to implementation of the Year 1 Component 1 (TA) wage increase on either March 1, 2020 or if that date is impractical for payroll, then April 1, 2020.

will support employees experiencing financial hardship.  The fund will be available to eligible CUPE Local 4163 Component 1 members who have not already received funding from the Account in the current academic year (September 1 through August 31).

The funds will be dispersed as determined by a joint committee of two representatives appointed by the Union and two representatives appointed by the University.  The committee will follow these criteria in making their decisions:

  1. Application, available on the CUPE 4163 website, must be completed prior to consideration for approval of funding.
  2. Funds will be distributed on a first come, first serve basis.
  3. Reimbursement of up to $500 is available for eligible expenses involving:
  • Rent or accommodation costs
  • Emergency Child Care expenses
  • Extreme household emergencies not covered by insurance
  • Other reasonable expenses as agreed by the committee
  1. Reimbursement of up to $250 is available for eligible expenses involving:
  • Groceries
  • Transportation Cost
  • Medical expenses
  • Other sundries for employee and/or dependants
  • Other reasonable expenses as agreed by the committee
  1. Expenses eligible under the Conference Award Fund will not be considered for reimbursement.

Reimbursement will be through submission of an itemized expense claim form, paired with original receipts and the written approval of the committee.

LOU # TA 7      Prep Time (new in TA Appendix)

The parties are agreed that TA appointments which include assigned teaching (i.e. seminar, tutorial, laboratory, or studio session) will also include assigned prep time for such teaching. If the union wishes to discuss any questions or concerns they will schedule such through a meeting under Article 10.

Note: The above LOU # TA 7 originally agreed January 27, 2020.

 

APPENDIX D       ORIENTATION FORM

No change.

Note: The above Appendix D originally agreed December 11, 2019.

NON-STUDENT APPENDIX

LETTER OF UNDERSTANDING #NS1
Re: COUS non-student employees

Extend into the new collective agreement

Note:  Originally agreed January 27, 2020.

 

APPENDIX ‘E’     SAMPLE CHECKLIST OF ASSIGNED DUTUES AND APPROVED WORK SCHEDULE

The work schedule must be defined in writing at the beginning of the term, and reviewed and adjusted, if necessary, at the mid-term to ensure the required duties are consistent with, and will be completed within, the defined schedule.
DEPARTMENT/SCHOOL: DATE:
POSITION: COURSE:
APPOINTMENT, From:                        To: TOTAL HOURS:

 

WORK SCHEDULE

ASSIGNED RESPONSIBILITY (CHECK THOSE APPLICABLE) HOURS (1) (per week or per term)

INITIAL

 

 

MID-TERM (2), (3), (4)

 

DAYS/

DATES (5)

Establishing Grading Criteria
Grade Papers/Lab/Studio Assignments
Lead Seminars/Tutorials, Laboratory/Studio Sessions
Prepare Teaching Materials for Seminars/Tutorials, Laboratory/Studio Sessions
Teach Courses in the Absence of a Lecturer
Prepare for Teaching Courses
Student Consultation, Deal with Grade Complaints
Prepare for Student Consultations
Assist to Design Laboratory/Studio Activities
Prepare Laboratory/Studio Materials
Attend Supervising Faculty Member’s Lectures
Attend Orientation/Information/Training Sessions
Assist in Developing Course Outline
Supervise mid-Term(s) and/or Final Exam
Mark Mid-Term(s) and/or Final Exam
Prepare Tests and other Assessment Instruments
Keep Records
Lead Field Trips
OTHER (6):
OTHER:

 

EMPLOYEE SUPERVISOR                                                                                                                                              

CHAIR/DIRECTOR/DESIGNATE                                                                                                                                     

Name                                                              Signature

Mid-Term Review

                                                                                                                                               

Employee’s Signature                       Supervisor’s Signature                    Date

 

  1. Article 02 of the TA Appendix dictates the weekly limit for hours of work. The supervisor enters the expected values in the Initial Hours and Days/Dates columns at the onset of employment. The actual hours as of the mid-term are entered at the mid-term review.
  2. This LOU does appear in the CA after
  3. If any problem arises that cannot be resolved by the supervisor and employee, it should be referred to the Chair and Union.
  4. A performance review may be completed in accordance with Article 02 (Performance Review). A copy will be provided to the employee.
  5. List the day or days (e.g., M,T,W,R,F) that the duties are to be performed or the anticipated dates of concentrated work (e.g., marking). For self-scheduled work, use
  6. Attach additional sheet(s) if

COPY TO SUPERVISOR, EMPLOYEE, AND ACADEMIC DEPARTMENT FILE

ELC and FLP APPENDIX

ELC and FLP APPENDIX

Note: This Appendix contains collective agreement language that pertains specifically to English Language Center and French Language Program Teachers. It is intended to be read in conjunction with the CUPE Local 4163 Master Agreement. The numbering of the Articles in this appendix is intended to match the numbering of the Articles in the Master Agreement that generally address the same topic.

Note: The above Appendix Title and Note originally agreed December 18, 2019.

 

ARTICLE 9 – SENIORITY

9.02            Employee Definitions and Seniority for Second Language Teachers

  • No change
  • Seniority Definitions
    • No change
    • No change
    • Regular Sessional Second Language Teachers who have not been appointed to teach a long term program at full-time within three (3) consecutive English Language Centre (ELC) sessions will be converted to Term status and have their seniority converted to hours at commencement of the fourth (4th) session. If there is insufficient work to maintain a Regular Sessional Teacher’s status for two (2) consecutive years, they will be converted to Term status at the beginning of the third (3rd) year. [See also Article 26.06 below]
    • through (vii) No change

Note:  The above Article 9.02(b)(iii) per Uvic proposal dated November 13, 2019.

  • No change

 

(d)      Seniority continues to accrue while on approved leaves of absence defined under Article 17 for a maximum period of twelve (12) consecutive months, or for the period of maternity or parental leave as defined in Articles 17.08 and 17.09.

Note:  The above Article 9.02(d) originally agreed January 20, 2020.

ARTICLE 13 – POSTING POSITIONS AND APPOINTMENT PROCEDURES

13.04         Postings of Vacant Second Language Teacher Positions

  • No change
  • No change
  • Copies of all postings shall be sent to the Union. Postings will include the job classification, a summary of the duties and responsibilities of the position, the education and experience required, the hourly rate, the hours of work, and the anticipated starting and completion date of the appointment. In addition, a statement will be included to advise applicants that the University of Victoria is an equity employer, and encourages applications from women, persons with disabilities, visible minorities, Aboriginal Peoples, people of all sexual orientations and genders, and others who may contribute to the further diversification of the University. committed to upholding the values of equity, diversity, and inclusion in our living, learning and work environments. In pursuit of our values, we seek members who will work respectfully and constructively with differences and across levels of power. We actively encourage applications from members of groups experiencing barriers to equity. The University’s full equity statement is located at www.uvic.ca/equitestatement.
  • No change

Note: The above Article 13.04(c) originally agreed November 27, 2019.

13.05         Reappointment of Second Language Teachers

(a)       No change

(b)      (i)       Regular Sessional employees will normally are expected to teach three (3) full-time long term programs or equivalent per year unless taking a session out once in every three (3) calendar years under Article 17.15 below. Regular Sessional employees will teach either September, January and April ELPI sessions or equivalent with summer as the layoff period, or September ELPI, January ELPI or equivalent and Summer ELPI with April ELPI session as the layoff period.

(ii)       Regular Sessional employees may, subject to operational considerations and required qualifications, request to replace one (1) long term program each year with alternative short term programs of at least eleven (11) weeks’ total duration, without loss of seniority, benefits, or ability to request leave under Article 17.14 and/or 17.15 below.

(iii)      Regular Sessional employees may request to teach half-time for a period of up to two (2) years for equity or medical reasons without loss of seniority.

(iv)     Regular Sessional employees who teach less than thirty-six (36) weeks in a year will have their seniority pro-rated pursuant to Article 9.02 above.

(c)       (i)        No Change

(ii)       Regular Sessional employees must apply to teach additional short-term programs during the anticipated layoff period by November 15th of each preceding calendar year.  Regular Sessional teachers with a layoff period in July and August will have until May 1st to add short term programs during the summer layoff period and until May 15th to drop short term programs during the summer layoff period.  Notwithstanding Article 13.05(c)(i) above, Regular Sessional employees will be appointed to the summer program of their choice in order of seniority, subject to operational considerations as outlined in Article 13.05(d)(i) below, so long as the appointment does not result in an annual full-time equivalency of more than 1.00 FTE.

Note:  The above Article 13.05(b)(i) to (iv) are per UVic proposal tabled November 13, 2019 and agreed in principle on January 20, 2020.  Article 13.05(c)(ii) – first sentence is per UVic proposal tabled November, 13, 2019; 2nd sentence is per 4163 proposal tabled November 13, 2019 with addition of UVic counter reference to Article 13.05(d)(i) below.

(d)      (i)        Regular Sessional English Language Teachers will submit their intended work schedules intentions and preferences for the upcoming calendar year, including their intention to replace a long term program with eleven (11) weeks of short term programs and/or their intention to teach additional short term programs during their anticipated layoff period, to their Director ELC Management by November 15th of the preceding year.  Work schedules will then be determined by Management by December 15th, based on work availability, seniority, required qualifications and operational considerations including teaching coverage requirements at peak enrollment periods, and, to the extent its operationally possible, the employee’s work intentions and preferences.

(ii) to (v)  No change

(e)      No change

(f)       No change

(g)      When the a Term Teacher substitutes for a Second Language Teacher who has been sick for a number of days subsequently replaces the regular instructor Teacher for the duration of the program due to continued illness, the substitute will be put on contract, and paid accordingly, retroactive to the first day of subbing. [Also see LOU #ELC2 on Substitute Teachers.]

Note: The above Article 13.05(d)(i) and (g) originally agreed November 27, 2019.

13.06         Probation  [See LOU #ELC5]

  • English Language Centre Term Teachers – Level One newly hired will have probation as follows:
    • All Second Language Teachers appointed to positions in the English Language Centre will be on probation from their initial date of
    • Teachers must complete nine hundred (900) hours worked to pass Probation Level One. Work performed includes work in Long-term Programs and Short-term Programs, including

(i)        The probation period will be eight hundred and fifty (850) six hundred and fifty (650) contract contact hours.

(ii)       Probation will include the following structures: HR support; observations done jointly by a director (or designate) and a peer teacher selected from an agreed on roster (should a probationary employee choose a specific peer Teacher such choice will not be unreasonably refused); written reviews approximately every two hundred and fifty (250) hours; and should a staff member not pass probation, an exit-meeting to explain reasons.

(iii)      Probation will be passed upon completion of eight hundred and fifty (850) six hundred and fifty (650) contract contact hours unless extended by agreement of the parties.  Upon passing probation, all hours, including any substitute teaching work, will be applied to seniority.

(iv)     Decisions on non-successful conclusion to probation are not subject to the grievance procedure.

(v)      The English Language Centre will provide the Union with copies of the probationary rankings list whenever changes to it occur.

(vi)     The English Language Centre will not conduct routine observations of staff who have passed probation. Upon passing probation, there will be no numerical standards applied to student evaluations; should student evaluation comments or other complaints cause concern, Management will call a meeting with the teacher and Union to discuss the issue. Further observation will take the same form as the probation review.

  • English Language Centre – Level Two
    • Once Teachers complete Level One, they are no longer on probation for purposes of Short-term Programs and Electives, but remain on probation for Long-term Programs.
    • Teachers must successfully complete a Long-term program of twelve (12) or more weeks’ duration to pass Probation Level
    • Teachers who successfully teach in the twelve (12) week program at 5 FTE, four (4) days per week, may pass probation at the discretion of the ELC Directors, which they will not unreasonably deny.
    • Teachers who fail to pass Level Two will no longer be able to teach for the ELC and will be removed from the seniority list, despite having passed Level
    • Teachers who meet the requirements for Level Two without meeting the requirements for Level One will pass both levels of
  • The parties may mutually agree to extend or reduce the requirements in either Level One or Two.

(d)(b)                  Other Second Language Teachers

No change

(e)(c)   No change

Note: The above Article 13.06(a) and (b) is per UVic proposal tabled November 13, 2019, with some changes countered by CUPE 4163 C2.  LOU #ELC5 falls away.

 

ARTICLE 16 – HOLIDAYS, VACATIONS AND BENEFITS

16.04         Group Benefit Plans – Regular Sessional Employees

(a) through (g)  No change.

(h)      Premiums

Regular Sessional Second Language Teachers will contribute twenty-five percent (25%) of the required total premiums for Medical (until the cessation of employee premium requirements), Extended Health, Basic Group Life, and Dental Plans by payroll deduction. Employees will contribute 100% of Optional Group Life premiums.

Notes:  1)     As a housekeeping matter, the above change is in keeping with recent legislative changes with regards to funding of MSP.  The above Article 16.04(h) originally agreed November 27, 2019

2)    Any cost increases incurred as a result of CUPE 951 and 917 negotiations subsequent to this ratification will be taken from NWI funds of up to 0.06% of big base.  Should such expenditures of funds not be required for this purpose they will be allocated to Professional Development Awards for Cultural Assistants.

16.05         Group Benefit Plans – Term Employees

(a)      Medical Services and Extended Health Benefit Plans

No change.

(b)      Premiums

Term Second Language Teachers will contribute fifty percent (50%) of the required total premiums for Medical Services (until the cessation of employee premium requirements) and Extended Health plans by payroll deduction.

Notes:  1)     As a housekeeping matter, the above change is in keeping with recent legislative changes with regards to funding of MSP.  The above Article 16.04(h) originally agreed November 27, 2019.

2)    Any cost increases incurred as a result of CUPE 951 and 917 negotiations subsequent to this ratification will be taken from NWI funds of up to 0.06% of big base.  Should such expenditures of funds not be required for this purpose they will be allocated to Professional Development Awards for Cultural Assistants.

 

ARTICLE 17 – LEAVE

17.08         Pregnancy Maternity Leave

  • Employees who have given birth to a child are entitled to seventeen (17) consecutive weeks of pregnancy maternity leave without
  • Further pregnancy maternity leave without pay, of up to six (6) consecutive weeks, will be granted where the employee is unable to return to work for reasons related to the birth, as certified by a medical practitioner. Where the pregnancy is terminated, the employee is eligible to apply for sick leave under Article 17.13 of the Master Agreement.

17.09         Parental (Including Adoption) Leave

Employees who meet the requirements of one (1) of the following categories are entitled to parental leave without pay as outlined below:

  • (i) An employee who has given birth to a child is entitled to either thirty-five (35) consecutive weeks of standard parental leave without pay or sixty-one (61) consecutive weeks of extended parental leave without pay if maternity leave is taken., or If maternity leave is not taken, an employee is entitled to either thirty-seven (37) consecutive weeks of standard parental leave without pay or sixty-two (62) consecutive weeks of extended parent leave without pay if maternity leave is not taken.

(ii)       The total maternity and parental leave taken must not exceed fifty-two (52) seventy-eight (78) weeks unless further leave is granted under the provisions of Article 17.08 (b) above and/or Article 17.09 (d) below.

  • A birth father of a child, or another person who is recognized by the child’s birth mother as her life partner, and who will act as a parent in relation to the child, is entitled to thirty-seven (37) consecutive weeks of unpaid leave for standard parental leave or sixty-two (62) consecutive weeks for extended parental leave.
  • An employee who is the adoptive parent of a child is entitled to thirty-seven (37) consecutive weeks of unpaid leave for standard parental leave or sixty-two (62) consecutive weeks for extended parental leave.
  • Where a member is eligible for the Employment Insurance (EI) Parental Sharing Benefit, the duration of the parental leave available under this article is extended by:
  • Five (5) weeks where the member has elected to receive the standard parental benefit of thirty-five (35) weeks, such that the total parental leave is extended to forty (40) weeks; or
  • Eight (8) weeks where the member has elected to receive the extended parent benefit of sixty-one (61) weeks, such that the total parental leave is extended to sixty-nine (69) weeks.
  • Further parental leave without pay, of up to five (5) additional weeks, will be granted where the child is certified, by a medical practitioner or the agency which placed the child, to be suffering from a physical, psychological or emotional

17.10         Pregnancy Maternity/Parental Leave Supplementary Benefit

Regular Sessional employees excluding Regular Sessional employees who are either on layoff or leave of absence without pay, unless that leave of absence is for medical reasons associated with the pregnancy, are entitled to receive up to eighteen (18) weeks of Supplementary Benefit, provided they have applied for and are eligible to receive at least eighteen (18) weeks of Employment Insurance maternity or parental benefits. The Supplementary Benefit will be paid as follows:

  • Where an employee is required to serve a two one (1) week waiting period for Employment Insurance maternity or parental benefits, the University will pay ninety-five percent (95%) of the employee’s normal basic earnings for the first two (2) one (1) weeks. For the last week of parental leave, regardless of the length of parental leave chosen, the employee will receive from the University the equivalent of one (1) week at fifty-five percent (55%) of average weekly EI insurance earnings to reflect one (1) week reduction in the EI benefit waiting period.
    • During the next sixteen (16) seventeen (17) weeks of maternity or parental leave, the employee will receive from the University a salary payment equal to the difference between ninety-five percent (95%) of the employee’s normal basic earnings and the amount of Employment Insurance maternity or parental benefits which the employee is receiving or;
    • Provided the employee otherwise meets the eligibility requirements for Employment Insurance maternity or parental benefits set out in the preamble of Article 17.10 above, the amount of Employment Insurance maternity or parental benefits which the employee would have received if the employee had not been disqualified from receiving or continuing to receive such benefits for one of the reasons listed in Article 17.11
  • Where a two one (1) week waiting period for Employment Insurance maternity or parental benefits is not required, the University will pay the employee, for up to eighteen (18) weeks, a salary payment equal to the difference between ninety-five percent (95%) of the employee’s normal basic earnings and the amount of Employment Insurance maternity or parental benefits which the employee is receiving or;
    • Provided the employee otherwise meets the eligibility requirements for Employment Insurance maternity or parental benefits set out in the preamble of Article 17.10 above, the amount of Employment Insurance maternity or parental benefits which the employee would have received if the employee had not been disqualified from receiving or continuing to receive such benefits for one of the reasons listed in Article 17.11
  • If both parents of a child are regular employees who are eligible for the Supplementary Benefit under this Article, then either parent may apply for the Supplementary Benefit in its entirety, or the Supplementary Benefit may be divided between In no case will the Supplementary Benefit be paid for a period or combined period in excess of eighteen (18) weeks.

Note: The above Articles 17.08 through 17.10 originally agreed December 18, 2019.

17.11         Pregnancy Maternity/Parental Leave – Other Conditions

(a) to (e)  No Change

(f)       Such proof will not be made available by Employment Insurance until after the leave has commenced and hence the Supplementary Benefit payments will be retroactive. To avoid delays in qualifying for benefits, employees should obtain the Record of Employment (ROE) form from the Payroll Section in Accounting Services on their last working day before the leave and present it as soon as possible at the Employment Insurance Office.

(g)      No Change

Note: The above Article 17.11(f) originally agreed November 27, 2019.

17.13         Sick Leave

(e)      English Language Centre Term Teachers have a sick leave plan that provides to an employee who accrues eight hundred and fifty (850) hours of paid time in one calendar year, the accrual of sick leave entitlement in the following year based on one and one-quarter (1¼) days per month of full-time service. Part-time appointees who qualify as above shall be entitled to sick leave credits on a pro-rated basis. Employees who are reappointed may carry forward any accumulated sick leave up to a maximum of one hundred and thirty (130) days. This plan will provide entitlement effective the 2017 calendar year.

(f)       Other Second Language Teachers – See Article 17.13 (a) for accrual provisions.

Note:  The above new Article 17.13(e), and LOU #ELC7 to fall away, originally agreed November 27, 2019.

17.14         Long Term Leave Without Pay

Applications for long term leave of absence must be made in writing, including a proposed return to work date, normally by November 3015th of each preceding calendar year, unless precipitated by bona fide medical reasons or family emergency. Subject to operational considerations, such applications will not be unreasonably denied.

Note: The above Article 17.14 originally agreed November 27, 2019.

17.15         Session Out for Second Language Teachers

  • Regular Sessional Second Language Teachers may apply for a session (twelve (12) or more weeks) out without pay once in every three (3) calendar years, without loss of seniority or reappointment rights under Article 13.05 above.
  • Preferably, Teachers will apply by November 15th of the preceding calendar year, but no later than Teachers must normally apply at least one (1) month prior to the requested session out, stating the reasons for the leave. The manager will normally respond within two (2) weeks of receipt of the Subject to operational considerations, such applications will not be unreasonably denied.
  • No change

Note: The above Article 17.15(a) and (b) per UVic proposal tabled November 13, 2019, with 4163 counter to (b) agreed to in principle on January 20, 2020.

 

ARTICLE 25 – TRAINING AND PROFESSIONAL DEVELOPMENT

25.02         Professional Development Funds for Second Language Teachers

(a)      Commencing April 1, 2021, Regular Sessional Teachers will be entitled to two hundred and fifty dollars ($250) each fiscal year (April to March) to use for professional development.  Regular Sessional Teachers will be allowed to carry over any unused funds to a maximum of one thousand dollars ($1,000).

(b)      Commencing April 1, 2021, Term Teachers in the English Language Centre and French Language Program who have worked a minimum of 4250 seniority hours and have worked a minimum of 900 hours in the previous calendar year will be entitled to two hundred and fifty dollars ($250) each fiscal year (April to March) to use for professional development. Term Teachers will be allowed to carry over any unused funds to a maximum of one thousand dollars ($1,000) provided they remain qualified.

(c)       Professional development activities will include formal or online courses and programs, workshops, seminars, and conferences that contribute to enhancing student learning. Professional development funding may also be applied to purchasing approved educational equipment (e.g. software or apps) directly related to teaching.  Any software purchase must be pre-approved by the Division of Continuing Studies for support.

(d)      Items and equipment purchased with Professional Development funds are the property of the University.  Upon retirement or termination of employment, assets acquired with Professional Development funds must be returned to the department. If the University is unable to re-allocate the assets the employee may purchase the assets at its current fair market value by contacting Purchasing Services for an evaluation.

Note:     (1)  Funding for this proposal comes from the Service Improvement Allocation (SIA).

(2)  The above new Article 25.02 per 4163 proposal tabled November 13, 2019 and further revised by 4163 February 6, 2020.  This is UVic counter to the revisions.

 

ARTICLE 26 – TERMINATION AND LAYOFF

26.05         Unanticipated Layoff Following First Two Weeks Of Program

(a) to (c)  No change

(d)      Recall will be made by email and by written notice of recall delivered by registered mail or courier to the Second Language Teacher’s current mailing address. Teachers will be responsible for notifying their department heads of their current email and mailing addresses. If teachers fail, within five (5) working days of receipt of the notice of recall, to agree to return to work to an appropriate vacancy, on a specified or mutually agreed upon date, they cease to be employees unless such failure is owing to illness, injury or other exceptional circumstances beyond the teacher’s control.

26.06         Pre-Layoff Canvass

Where Management identifies a need to proceed with a layoff of Regular Sessional Second Language Teachers, Management shall, prior to issuing a layoff notice under Article 26.05, notify the Union that they will be canvassing all Regular Second Language Teachers to explore possible viable alternatives to the layoff. The ability of Management to implement any viable alternative is limited, in part, by meeting ELC program commitments, budgetary considerations and the applicable sections of the Collective Agreement.

Renumber Severance Pay from (26.06) to 26.07.

Note: The above Articles 26.05 and 26.06 originally agreed November 27, 2019.

 

Salary Schedules 2

General wage increases as follows:

Second Language Teachers Substitute Teachers
September 1, 2019 2.00% 2.00%
September 1, 2020 2.00% 2.00%
September 1, 2021 2.00% 2.00%

 

LETTERS OF UNDERSTANDING

Extend into the new collective agreement the below Letters of Understanding:

LOU #ELC 1  Re: Articles 16.03(a); 16.04(a) and (g)

LOU #ELC 4  Notice to Drop Programs

Note: The above LOUs #ELC 1 and #ELC 4 originally agreed November 27, 2019.

Revise the below Letters of Understanding:

LOU #ELC2  Re: Substitute Teachers

  1. No change
  2. Term teachers will accrue hours teaching as a substitute and such hours will count for seniority purposes after the teacher has passed probation. Term teachers hired before March 22, 2011 accrue seniority for sub work as it is worked.
  3. No change
  4. No change

Note: The above LOU #ELC 2 per UVic proposal tabled November 13, 2019.

LOU #ELC 3  Re:  Teacher Movement Once Elective Classes Have Begun

Originally signed Nov. 21, 2006

1)  Elective Teachers

Elective teachers may not move between ELC programs after the second (2nd) week of classes except in the case of taking a contract to replace a teacher on sick leave.  In this case, the elective teacher, if they choose, will be permitted to drop the elective schedule to take over the core teacher’s schedule.  The elective teacher is responsible for meeting with the replacement teacher and preparing him/her to take over the class(es).  This includes transferring the marks to date in a readable and concise format.  The teacher must also make him/herself available to the students (in particular at the end of a program) either in person or via email to explain marks or answer other questions students may have about their class progress.  The elective teacher, to replace a core teacher on sick leave, will be called in order of seniority and not restricted by how many elective classes he/she is currently teaching.

2)  Short Term Program Teachers

Teachers in the short term programs will not be eligible to take the contract of a twelve (12) week teacher if the short term program has already been in session for one week or longer, with the following exception: up to one such teacher may transfer from a Monthly English to a 12 week program each time a 12 week program is offered before the end of the second week of the Monthly English program.  It is the intent of both parties that this exception should not continue if there are two (2) separate instances where student input indicates that such a transfer and replacement are adverse to the interests of the Centre.  When the Director determines there is such an adverse interest s/he will notify the union and convene a meeting to review the student input and the determination on a case-by-case basis.  Should there be reasonable grounds to change this determination, such a change will not be unreasonably withheld.

Note: The above LOU #ELC 3 originally agreed November 27, 2019.

LOU #ELC 6  Preparation Time During Easter Statutory Holidays

Originally signed Sept. 20, 2012

The parties acknowledge that there is a need to compensate teachers in the ELPI Programs for the time they use over the Easter Statutory Holidays (Good Friday or Easter Monday) to prepare for their courses. For this purpose, the parties agree that:

  • No change
  • When a designated preparation day falls on a statutory holiday and teachers cannot be given an alternate day in lieu, During Easter, when both the Monday and the Friday are statutory holidays and the program is in session, teachers will continue to have a day off on the day when they would normally be required to teach. For the day when they would normally do their preparation, teachers will receive regular pay to compensate them for their preparation

Note: The above LOU #ELC 6 originally agreed November 27, 2019.

LOU #ELC 8  Part time work pre-retirement

Originally signed Mar. 31, 2016

In cases where a teacher signs an agreement to accept retirement up to a maximum of two years hence, that teacher will be permitted to accept less than fulltime work without it affecting their Continuing status or seniority. This opportunity will apply to no more than two teachers at any given time. The teacher must submit their work schedule request by no later than November 15th of the preceding year.

Part time work may be comprised of existing programs (Monthly English, electives, etc.) and/or may include teaching a single class section in the long term programs. It may also include working full time for half (½) of the year. Under no circumstances will a teacher be permitted to teach only a portion of a class. Teachers accepting part time work will not be permitted to resume full time work. Professional development will be pro-rated.

Accepting part time work may require a teacher to attend additional duties outside the part-time schedule (e.g. field trips, orientations tests and professional development). Such duties will be considered as “other duties as required” and will not accrue additional pay. Similarly, teachers working only one class section in long term programs will be required to perform within the scope of their normal appointment, duties such as:

  • Work the full placement speaking test day, administer late speaking tests, and perform final speaking tests at the end of the program. For the final speaking test, the Head Teacher will make an effort to divide the work proportionately but in cases where the schedule cannot accommodate part time testers, the teachers will be required to administer the test for the full schedule.
  • Attend both start up and end of session all teachers (mass) meeting as well as one of the first two and the third Core meeting each term.
  • Attend half the field trips, in the event there is only one field trip, both teachers will attend.
  • Meet within the first two weeks of the program to agree upon how the above meetings and field trips will be divided as well as the division of guest speakers so that everything is shared equitably and present the written plan to the Head Teacher. In cases where agreement cannot be reached, the Head Teacher will decide.

Note: The above LOU #ELC 8 originally agreed December 18, 2019.

The below Letters of Understanding fall away:

LOU #ELC 5 – moved into Article 13.06(a) and (b)

Note: LOU #ELC 5 moved into Article 13.06(a) and (b) as blend of counter proposals to each party’s proposal tabled November 13, 2019.

LOU #ELC 7 – moved into New Sick Leave 17.13(e) and (f)

Note: The above LOU #ELC 7 originally agreed November 27, 2019.

NEW LOU #ELC#       Re: Regular Sessional Teachers in the English Language Centre converting to Term Status (Article 9.02(b) )

Originally signed February 10, 2020

Notwithstanding the provisions of Article 9.02(b), the parties are agreed to the following conditions, to be applied on a trial basis commencing the start of the 2021 calendar year through to the end of the 2022 calendar year:

  1. Regular Sessional Second Language Teachers may request to have their seniority converted to hours and revert to Term status.
  2. Requests to revert to Term status effective the upcoming calendar year must be submitted to Management by November 15th of the preceding year.
  3. Such conversions to Term status will be capped to a maximum of one (1) per calendar year based on seniority.
  4. The Teacher who has reverted to Term status will not be eligible for Regular Sessional status for a period of three (3) calendar years from the date of reverting to Term status.
  5. The University will review the impact such changes to Term status has on:
    1. the English Language Centre meeting its operational considerations, including teaching coverage requirements at peak enrollment periods, and
    2. Term employees seeking to gain Regular Sessional employee status.

Such review will occur no later than two (2) months before the end of the current agreement.

NEW LOU #ELC#       Re: Regular Sessional Employees in the English Language Centre converting to Half-Time Status for up to 2 years (Article 13.05)

Originally signed February 10, 2020

Notwithstanding the provisions of Article 13.05, the parties are agreed to the following conditions, to be applied on a trial basis commencing the start of the 2021 calendar year through to the end of the 2022 calendar year:

  • Regular Sessional employees may request to teach less than the required full time workload, which is three (3) full time long term programs or equivalent, but not less than half-time (0.50 FTE) in a calendar year for a period of up to two (2) years without any adverse effects upon seniority or benefits.
  • Regular Sessional employees will submit their request to teach a lesser workload, as noted above, for the upcoming calendar year along with their work intentions and preferences to Management by November 15th of the preceding year.
  • Approval of such reduced teaching requests will be capped to a maximum of two (2) Regular Sessional employees at any given time.
  • Approval of reduced teaching schedules will then be determined by Management by December 15th, based on work availability, seniority, required qualifications and operational considerations, and to the extent its operationally possible the employee’s work intentions and preferences.
  • Once approved, teachers will not be permitted to alter the determined work schedule and are excluded from the provisions of Article 13.05(d)(iii).
  • Term teachers who are assigned the teaching work made available as a result of the reduced workload will not have said teaching assignment count towards the requirements to gain Regular Sessional Teacher status.
  • The University will review the impact that reduced teaching has on:
    • the English Language Centre meeting its operational considerations, including teaching coverage requirements at peak enrollment periods, and
    • Term employees seeking to gain Regular Sessional employee status.

Such review will occur no later than two (2) months before the end of the current agreement.

 

NEW LOU #ELC#       Conference Award Fund

Originally signed February 10, 2020

Effective the signing date of this agreement, the Parties are agreed, for the life of the collective agreement, to create a fund to support conference awards that will be available to eligible CUPE Local 4163, Component 2 Teachers in the English Language Centre.  The purpose of the awards will be to attend conferences that enhance the work of Teachers in the English Language Centre in their positions which supports the academic achievement of English Language Centre students.

  • The annual fund, based on a fiscal year (April to March), will be in the amount of:
  • $14,300 on April 1, 2021 for fiscal 2021-22, and
  • $14,000 on April 1, 2022 for fiscal 2022-23 and thereafter.
  • Applications must be completed prior to consideration. Teachers will be required to exhaust their professional development funds under Article 25.02 prior to consideration under the conference award funds. Priority will be given to Teachers who have not received prior conference award funds.
  • Administration and disbursement of the funds will be as determined by the English Language Centre. Any unused funds will not carry over into the next fiscal year.
  • Eligible conference expenses, in accordance with University and Divisional policies, will include:
  • conference fees;
  • travel (excluding travel to UVic) at standard fares;
  • accommodation at standard room rates;
  • meals up to the UVic per diem rate;
  • other reasonable expenses;
  • Reimbursement for eligible expenses will be through submission of an itemized University Expense Reimbursement form with written approval from the English Language Centre and original receipts to Accounting.

Funding is available from savings accruing due to Service Improvement Allocation funding.  While this LOU is for the life of the collective agreement, the funds are continuing in nature; therefore, if the parties do not extend this LOU in the next collective agreement, these funds will be redirected to another mutually agreed purpose.

 

Note:     (1)  Funding for this proposal comes from the Service Improvement Allocation (SIA).

 

CULTURAL ASSISTANTS APPENDIX

3.02        Orientation

Prior to the start of the Summer Programs, and to the start of any other program as necessary, the English Language Center Division of Continuing Studies will arrange and hold induction/orientation meetings of all members covered under this Appendix. During such meetings, up to one half hour will be provided for a representative of the Union to discuss the function of the Union.

Recall Period (26.03)

  • No change
  • Recall will be made by email and by written notice of recall delivered by registered mail or courier to the employee’s current mailing Employees will be responsible for notifying their department heads of their current email and mailing addresses. If employees fail, within five (5) working days of receipt of the notice of recall, to agree to return to work to an appropriate vacancy, on a specified or mutually agreed upon date, they cease to be employees unless such failure is owing to illness, injury or other exceptional circumstances beyond the employee’s control.

(c)     No change

Work Scheduling, Breaks, & Overtime (27.01)

  • No change

(b)    Cultural Assistants may be required to work up to twelve (12) hours in a day, averaging forty (40) hours in a week over a two (2) to four (4) week period, without being paid overtime.

(c)     No change

(d)    No change

(e)    Cultural Assistants will be compensated for scheduled hours of workshop preparation as part of the thirty-five (35) forty (40) hour work-week.

(f)     In the application of Article 14.02(d)(e), only the hours spent performing the actual duties of the position will be counted towards the work week, and overtime will be considered to be time in excess of the total hours to be worked over the term of the appointment. It is intended that overtime will only be authorized in rare circumstances, in order to maintain the viability of programs

Seniority (27.04)

  • Cultural Assistants will accrue seniority in hours by program areas in the Division of Continuing Studies (e.g. ELC, FLP English Language Centre, French Language Programs), and will be reappointed by seniority to Cultural Assistant positions in accordance with this principle: Positions that are not designated by a department for student employment will be filled first by reappointment, in order of seniority, by employees with prior service in those position(s) in that department, before hiring new (TA Appendix 13.02(i)).
  • No change

Cultural Assistant Movement Once a Program Has Begun (27.05)

  • No change
  • Those in specialized Cultural Assistant positions (e.g. Chief CA, Study Centre Learning Centre CA, ) may not move between programs.

Changes to Articles 3.02, 26.03, 27.01, 27.04 and 27.05 originally agreed December 18, 2019.

 

Salary Schedule

 

General wage increases as follows:

 

Cultural Assistants Probationary Rate Post-Probationary Rate Chief Cultural Assistant
September 1, 2019 2.00% 2.00% 2.00%
September 1, 2020 2.00% 2.00% 2.00%
September 1, 2021 2.00% 2.00% 2.00%

 

 

LETTERS OF UNDERSTANDING

Extend into the new Collective Agreement the below Letter of Understanding as revised:

LOU # CA 1      Sick Leave for Cultural Assistants

As those appointed in the Cultural Assistant classification routinely and annually work very close to the duration necessary to qualify for paid sick leave consistent with the intent of LOU #7 Re:17.13 (c) (a) up to $1,500 $2,000 per year (September to August each year) will be made available to support paid sick leave for persons in such positions.

  • Cultural Assistants appointed to a workload of no less than half-time (0.5 FTE at 20 hours per week) on an appointment of four (4) weeks or more in duration who are not eligible for sick leave accrual under Article 17.3(a) will be eligible to access the CA sick leave fund.
  • A Cultural Assistant with an eligible appointment as noted above can access the CA sick leave fund for paid time off due to illness based on one (1) day in a four (4) or five (5) week program or two (2) days in two (2) such contiguous programs to a maximum of four (4) days per academic year.

The Employer will provide to Cultural Assistants that have accrued sick time under Article 17.13(a) a record of the number of sick days they have accrued to date upon request.

The $1,500 is available from savings accruing due to agreement to the move to direct deposit. While this LOU is for the life of the collective agreement, the funds are continuing in nature; therefore, if the parties do not extend this LOU in the next collective agreement, these funds will be redirected to another mutually agreed purpose.

Note: Increase to Sick Leave Fund is 0.01% of big base – NWI funds

NEW LOU #CA2 – Professional Development Awards for Cultural Assistants

Effective the signing date of this agreement, the Parties are agreed, for the life of the collective agreement, to create a fund for professional development awards that will be available to eligible CUPE Local 4163, Component 2 Post-Probationary Cultural Assistants in the English Language Centre.  The purpose of the awards will be to attend workshops, courses or seminars that enhance the work of the Cultural Assistants in their positions with the English Language Centre which supports the academic achievement of English Language Centre students.

  • The annual fund, based on a fiscal year (April to March), will be in the amount of:
  • $1,200 on April 1, 2020 for fiscal 2020-21,
  • $2,400 on April 1, 2021 for fiscal 2021-22, and
  • $3,600 on April 1, 2022 for fiscal 2022-23 and thereafter.
  • Administration and disbursement of the funds will be as determined by the English Language Centre. Any unused funds will not carry over into the next fiscal year.
  • Awards, normally of no more than two hundred dollars ($200) per Cultural Assistant, will be distributed on a first come, first serve basis.
  • Applications must be completed prior to consideration. Applications will only be considered from those who have not received prior funding from this fund in the current fiscal year (April to March).
  • Eligible expenses, in accordance with University and Divisional policies, will include:
  • workshops, courses or seminar fees;
  • travel (excluding travel to UVic) at standard fares;
  • accommodation at standard room rates;
  • meals up to the UVic per diem rate;
  • other reasonable expenses;
  • the purchase of equipment is not eligible for reimbursement.
  • Reimbursement for eligible expenses will be through submission of an itemized University Expense Reimbursement form with written approval from the English Language Centre and original receipts to Accounting.

Funding is available from savings accruing due to Service Improvement Allocation funding.  While this LOU is for the life of the collective agreement, the funds are continuing in nature; therefore, if the parties do not extend this LOU in the next collective agreement, these funds will be redirected to another mutually agreed purpose.

 

RESIDENCE LIFE APPENDIX

ARTICLE 17

17.16        Leave for Coop and Exchange (new)

Residence Life employees shall apply for leaves for the purpose of Co-ops or exchanges as early as possible, but no later than March 31st for the following Fall term and no later than October 15th for the following Spring term.  Requests for leave in the first year of employment can not include the mandatory August training period.  Requests will not be unreasonably denied and will not prejudice recommendations or evaluations related to returning employees per Article 13 of the Residence Life Appendix.

A leave during the fall term will result in a first right of refusal for available employment opportunities in the Spring term.  If the employee withdraws their request for leave prior to the start of the leave, they will have the right of first refusal for available employment opportunities. The right of first refusal in both circumstances will be based on date of initial hire, and will not act as a guarantee of work.

Note: The above article 17.16 originally agreed December 9, 2019.

LETTERS OF UNDERSTANDING

Revise the below Letter of Understanding:

Originally signed Mar. 31, 2016

Modified Dec. 9, 2019

LOU # RL 1    Residence Life Leaders

Residence Life Leaders will be compensated as outlined below, effective September 01, 2015. They will, subject to Article 12 of the Master Agreement, not participate in any job action for a period to end no earlier than August 31, 2024. However, they are entitled to bargain collectively with respect to all non-monetary issues for the renewal of August 31, 2014-2019 2019 – 2022 collective agreement.

(1)       Community Leaders will be compensated by receiving full room and board for a single dorm room while they are employed as such during the Winter Sessions.

(2)       Residence Education Community Leaders will be compensated by receiving full room and board for a single dorm room and an annual $800 stipend while they are employed as such during the Winter Sessions.

(3)       Senior Community Leaders will be compensated by receiving full room and board for a one-bedroom apartment and an annual $2,000 $4,000 stipend while they are employed as such during August and the Winter Sessions.

(4)       Summer Community Assistants will be compensated by continuing the 15% room discount and receiving 50% of the cost of a single dorm room.

The stipends will increase at the rates identified in the TA Appendix Salary Schedule until 2019 2022 and will continue at such rates as agreed by the parties for the GWI for the period 2019 2022 – 2024.

The above LOU # RL 1 originally agreed December 9, 2019.

Gender inclusive language in the Collective Agreement

When inserting the ratified revisions of this Memorandum of Settlement into the new Collective Agreement, the parties will amend any language that is not currently gender inclusive to language that conforms to an agreed upon commonly accepted practice. The parties will also apply the same gender inclusive practices to any existing language in the Collective Agreement.