1.01 The purpose of this Agreement is to maintain harmonious and
mutually beneficial relationships between the Employer, the UTs and the
Association, and to set forth herein certain terms and conditions of employment
upon which agreement has been reached through collective bargaining.
1.02 The parties are determined to establish, within the framework
provided by law, an effective working relationship.
1.03 The provisions of this Agreement apply to the Association, the
UTs and the Employer.
1.04 In this Agreement, reference to one gender shall include the
other.
2.01 For the purpose of this Agreement:
(a) "academic year" is the period from 1 July to 30 June of
the next calendar year, or as otherwise defined in the academic calendar;
(b) "Association" means the Canadian Military Colleges
Faculty Association;
(c) "bargaining unit" means all the employees of the
Employer in the University Teaching Group, Scientific and Professional Category,
as described in the certificate issued by the Public Service Staff Relations
Board on the 24th day of May 1991;
(d) "College" refers to the Royal Military College of
Canada;
(e) "continuous employment" has the same meaning as
specified in the Public Service Terms and Conditions of Employment
Regulations on the date of signing of this Agreement;
(f) "day of rest" in relation to a UT means a day, other
than a designated paid holiday, on which that UT is not ordinarily required to
perform the duties of his or her position other than by reason of his or her
being on leave;
(g) "designated paid holiday" means the twenty-four (24)
hour period commencing at 00:01 hour of a day designated as a holiday in this
Agreement;
(h) "employee" means a person so defined by the Public
Service Labour Relations Act and who is a member of the bargaining unit;
(i) "Employer" means Her Majesty in right of Canada as
represented by the Treasury Board and includes any person authorized to exercise
the authority of the Treasury Board;
(j) "lay-off" means termination of employment as defined in
section 29 of the Public Service Employment Act, as amended from time to
time;
(k) "leave" means authorized absence from duty;
(l) "membership dues" means the dues established pursuant to
the constitution and by-laws of the Association as payable by its members as a
consequence of their membership in the Association and shall not include any
initiation fee, insurance premium or special levy;
(m) "parties" refers to the Association and the Employer;
(n) "personnel file" of a UT shall include any file of
material which is held by the Employer or any supervisor of the UT and which can
be used in assessment of or in a career development decision concerning that UT
or in a decision to impose discipline on a UT;
(o) "sabbatical leave" is an authorized period of leave
without pay, but with an allowance in lieu of salary, for a specified duration
(normally twelve (12) months or less) during which time eligible UTs, while
remaining employees, shall be relieved of their normal teaching and
administrative obligations as a means of providing them with an opportunity to
pursue research or other scholarly activities thereby improving their knowledge
of a particular discipline and enhancing their professional competence;
**
(p) "UT" means an employee as defined in (h).
**
(q) "common-law-partner" refers to a person living in a
conjugal relationship with an employee for a continuous period of at least one
year (conjoint de fait).
2.02 Except as otherwise provided in this Agreement, expressions used
in this Agreement,
(a) if defined in the Public Service Labour Relations Act, have the
same meaning as given to them in the Public Service Labour Relations Act,
and
(b) if defined in the Interpretation Act, but not defined in the Public
Service Labour Relations Act, have the same meaning as given to them in the Interpretation
Act.
3.01 Both the English and French texts of this Agreement shall be
official.
4.01 In the event that any law passed by Parliament, applying to
Public Service employees covered by this Agreement, renders null and void any
provision of this Agreement, the remaining provisions of the Agreement shall
remain in effect for the term of the Agreement.
General Definition
5.01 UTs have a right to academic freedom. Academic freedom does not
confer legal immunity, nor does it diminish the responsibility of UTs to fulfil
their academic obligations. It is defined as the freedom, individually or
collectively, to pursue, to develop and to transmit knowledge through research,
study, discussion, documentation, production, creation, teaching, lecturing and
writing, regardless of prescribed or official doctrine and without constriction
by institutional censorship. It includes:
The Freedom to Teach, and Its Responsibilities
5.02 UTs teaching courses have the right to the free expression of
their views on the subject area, and may use and refer to materials and their
treatment thereof without reference or adherence to prescribed doctrine.
In such circumstances, the UT is expected to cover topics according to the
Calendar description, to remain up to date in the knowledge of the discipline,
treat students fairly and ethically, and teach effectively, which includes using
fair, reasoned and fact-based arguments and showing a willingness to accommodate
the expression of differing points of view.
The Freedom to Research, and Its Responsibilities
5.03 UTs have the freedom to carry out scholarly research within areas
of their expertise without reference or adherence to prescribed doctrine. This
should not be interpreted to preclude or inhibit the ability of UTs to develop
new areas of expertise.
UTs are expected to meet established ethical guidelines for work with animal
or human subjects, to deal fairly with colleagues and students, to carry out
their research in the spirit of an honest search for knowledge, and to base
findings upon a critical appraisal of available evidence and a reasoned analysis
of its interpretation.
The Freedom to Publish, and Its Responsibilities
5.04 UTs have the right to publish the results of their research,
without interference or censorship by the institution, its agents, or others.
This should not be interpreted as prohibiting the UT from accepting restrictions
upon publication as a condition of receiving support for the UT's research from
a sponsor.
Researchers have a responsibility to report findings honestly and accurately,
and to recognise appropriately the contributions of others to the work they
report.
Freedom of Expression, and Its Responsibilities
5.05 UTs have the right to freedom of expression.
UTs who are commenting in their areas of disciplinary expertise are bound by
the same obligation to honest and accurate scholarship which attends the right
to publish research.
In the exercise of this right, UTs shall not create ambiguities as to whether
they are speaking in a professional capacity or as private citizens, nor shall
they purport to speak on behalf of the College unless so authorized.
Academic Freedom and the Specific Mission of the CMC
5.06 The special mission of the College does not diminish the academic
freedom of the UT. Nonetheless, the special mission of the College makes its
vulnerable to harm from misunderstandings which may arise from public discussion
or publication in areas which speak directly to that special mission. This
places on the UT embarking upon such public discussion or publication a somewhat
greater responsibility for clarity than might attend similar actions in areas
not closely associated with the mission.
The College will be better placed to correct any public misunderstandings and
to assure the academic freedom of the UT, if both the College and the UT are in
a position to anticipate the impact of the UT's discourse. To this end, UTs are
encouraged to advise the Principal in advance of any anticipated public
discussion or publication which, in the opinion of the UT, relates closely to
the special mission of the College.
6.01 All the functions, rights, powers and authority which the
Employer has not specifically abridged, delegated or modified by this Agreement
are recognised by the Association as being retained by the Employer.
ARTICLE 7
OTHER RIGHTS, RESPONSIBILITIES AND PRIVILEGES
7.01 Nothing in this Agreement shall be construed to alter any rights,
privileges, and responsibilities of UTs, individually or collectively, to
participate in the decision-making of the CMC and its component parts where such
rights, privileges and responsibilities are not inconsistent with the express
terms of this Agreement.
7.02 Nothing in this Agreement shall be construed to alter any rights
of individual UTs where such rights are not inconsistent with the express terms
of this Agreement.
8.01 Where this Agreement is silent on working conditions, the
conditions existing immediately prior to the date of this Agreement shall
continue to apply provided that:
(a) they are not inconsistent with the Agreement;
(b) they are reasonable, certain and known;
(c) they may be included in this Agreement in accordance with the Public
Service Labour Relations Act;
and
(d) they are carried out in a fair and equitable manner.
8.02 The onus of establishing an existing practice within the meaning
of 8.01 shall rest on the party who alleges the existence of same.
9.01 There shall be no discrimination, interference, restriction,
coercion, harassment, intimidation or any disciplinary action exercised or
practised with respect to a UT by reason of age, race, creed, colour, national
origin, religious affiliation, sex, sexual orientation, family status, mental or
physical disability, membership or activity in the Association.
10.01 The Parties recognise the right of UTs to work in an environment
free from harassment and agree that harassment will not be tolerated in the work
place. Harassment shall be defined in Appendix "A" of Treasury Board's
"Harassment in the Work Place Policy", as amended from time to time.
10.02 Any level in the grievance procedure shall be waived if a person
hearing the grievance is the subject of the complaint.
10.03 If by reason of 10.02 a level in the grievance procedure is
waived, no other level shall be waived except by mutual agreement.
11.01 Unless otherwise specified by the Employer as representing a
conflict of interest, UTs shall not be restricted from engaging in other
employment outside the hours they are required to work for the Employer.
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