University Teaching (UT) (Archived)

Agreement - University Teaching - List of Changes

List of Changes to the Agreement between the
Treasury Board and The Canadian Military Colleges Faculty Association - University Teaching

PART 1 - GENERAL

ARTICLE 2
INTERPRETATION AND DEFINITIONS

For the purpose of this Agreement:

Delete clause (d) and replace by (e) as amended as follows:

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(d) "College" refers to the Royal Military College of Canada;

PART 2 - WORK AND LEAVE PROVISIONS

ARTICLE 16
LEAVE - GENERAL

Delete clause 16.08 and renumber remainder of the Article

Clause 16.08 is renewed as Article 41.

ARTICLE 17
VACATION LEAVE

Accumulation of Vacation Leave

17.02 A UT shall earn vacation leave credits at the following rate for each calendar month during which the UT receives pay for at least ten (10) days:

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(a) one and two-thirds (1 2/3) days until the month in which the anniversary of the UT's sixteenth (16^th) year of service occurs;

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(b) One and ten-twelfth (1 10/12) days commencing with the month in which the anniversary of the UT's sixteenth (16^th) year of service occurs;

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(c) one and eleven- twelfth (1 11/12) days commencing with the month in which the anniversary of the UT's seventeenth (17^th) year of service occurs;

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(d) two and one-twelfth (2 1/12) days commencing with the month in which the UT's eighteenth (18^th) anniversary of service occurs;

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(e) Notwithstanding (a), (b), (c), and (d) above, a UT who has a greater vacation leave entitlement on the date of signing of this agreement shall retain the current entitlement rate.

**ARTICLE 18
SABBATICAL LEAVE

18.01 UT's shall be eligible for sabbatical leave in accordance with the terms and conditions outlined herein.

18.02 Sabbatical leave is an authorized period of leave without pay with an allowance in lieu of salary, that may be granted to UTs in accordance with the conditions, requirements and provisions detailed herein.

18.03 Purpose and Principles

Sabbatical leave, a feature of employment for UTs, is a period of leave for a specified duration of either six or twelve months during which time eligible 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.

18.04 Eligibility Criteria

(a) To be eligible for sabbatical leave, a UT must be employed on a full-time indeterminate basis.

(b) A UT applying for a six-month sabbatical leave period must have completed three years of service as a UT. A UT applying for a twelve-month sabbatical leave period must have completed six years of service as a UT. An applicant may be given credit for up to three years service at another university upon recommendation of the principal. However, no UT may be granted sabbatical leave before having served three years of continuous service as a full-time UT.

(c) Applications for subsequent periods of sabbatical leave will normally require completion of six years intervening service before being granted a twelve-month sabbatical or three years before being granted a six-month sabbatical.

18.05 Selection Criteria

(a) Applications that meet the essential eligibility criteria requirements as noted above, and are submitted in accordance with the requirements outlined in this agreement, will be considered for approval by a screening committee designated by the Faculty Review Committee (FRC).

(b) The following criteria will be used in the screening and prioritization process:

18.06 Duration

Sabbatical leave for periods of up to twelve months in duration will be considered for UT applicants meeting the eligibility requirements for initial or subsequent sabbatical leave. Sabbatical leave periods will be of six months duration (normally 01 July - 31 December or 01 January - 30 June), or twelve months duration (normally 01 July - 30 June).

18.07 Entitlement to Sabbatical Leave

Sabbatical leave may be granted at the discretion of the employer. Sabbatical leave shall not be unreasonably denied. In the case where an application is denied, if requested by the applicant, the employer will provide written reasons for the denial.

18.08 Employment Commitment

(a) A UT who is granted sabbatical leave is expected to return to service as a UT.

(b) As a condition of being granted sabbatical leave, UTs will be required to sign a written commitment, the Return to Service Agreement for Sabbatical Leave, to return to the department for a period of employment equal to their period of sabbatical leave. A UT who does not honour this commitment will be required to repay the monies paid to him or her during the sabbatical leave or a portion thereof based on the number of months worked by the UT after returning from sabbatical leave.

18.09 Allowance in Lieu of Salary

(a) Sabbaticants at the UT-2 or UT-3 level, who are granted a first sabbatical leave within ten (10) years of joining the College, will be on leave without pay and may be granted an allowance in lieu of salary equal to 100% of their annual rate of pay in effect at the commencement of the leave, except as provided for in (e) of this clause.

(b) Other sabbaticants will be on leave without pay and may be granted an allowance in lieu of salary equal to 82.5% of their annual rate of pay in effect at the commencement of the leave, except as provided for in (e) of this clause.

(c) A sabbaticant's allowance in lieu of salary will be automatically adjusted, as applicable, to reflect any economic revision to the University Teaching Group.

(d) Pay increments and promotion increases based on performance prior to the commencement of the sabbatical leave will be implemented on the normal increment date, and the sabbaticant's allowance will be adjusted accordingly.

(e) During periods of sabbatical leave, UTs are not entitled to administrative allowances received for extra duties performed during regular employment at one of the colleges. Such allowances may be reinstated effective the date of return from the sabbatical leave on the authority of the principal.

18.10 Employment During Sabbatical

(a) Sabbaticants granted a leave of absence from regular duties to pursue the stated purpose of their research or study, and granted an allowance in lieu of salary to assist them in this endeavour, may not accept remuneration associated with their sabbatical leave project or assignment that in combination with their allowance would provide them with remuneration in excess of 100 per cent of their normal annual salary from the department.

(b) Sabbaticants may not accept other professional commitments that might impede completion of the primary goals stipulated in their approved sabbatical leave plan.

(c) If remunerated employment, or other significant activities not related to the primary purpose of the sabbatical leave, are expected to be an integral part of a sabbaticant's perceived use of sabbatical leave, such intentions are to be clearly identified and fully substantiated in the sabbatical leave application and will be considered during the review/approval process.

(d) In the event that a sabbaticant's total remuneration related to the leave project is determined to exceed 100 per cent of normal salary, the department will reduce the allowance in lieu of salary as appropriate and may request repayment of all or a portion of the allowance if subsequent evidence indicates that the sabbaticant has not complied with the intent of the restriction pertaining to external remuneration.

18.11 Financial Assistance

(a) Financial assistance in the form of grants, awards, scholarships, to support their sabbatical research will not be taken into consideration in determining the departmental allowance in lieu of salary to be granted to a sabbaticant provided that such assistance does not constitute personal remuneration.

(b) Sabbaticants are required to identify and report on the sources and the allocation of the funding for all financial assistance received in support of their sabbatical research.

18.12 Employee Benefits While on Sabbatical Leave

While on sabbatical leave, UTs do not accrue sick or annual leave.

18.13 Application and Approval Process

(a) The employer may defer a requested sabbatical leave in the event that the UT's services are required for the period of time planned for the leave. Such deferral shall be counted towards an application for a subsequent leave.

(b) Where an application meets the criteria for approval but the leave is denied due to financial constraints, the application will be given first priority the following year.

(c) A UT may cancel application for sabbatical leave by notifying the principal in writing at least four months prior to commencement of the leave, or later, at the discretion of the principal.

PART 3 - STAFF RELATIONS MATTERS

ARTICLE 25
RECOGNITION

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25.01 The Employer recognises the Association as the exclusive bargaining agent for all employees described in the certificate issued by the Public Service Staff Relations Board on the twenty-fourth day of May, 1991, covering employees of the Employer in the University Teaching Group.

ARTICLE 30
INFORMATION

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30.01 The Employer agrees to supply the Association biannually with a list of all UTs in the bargaining unit. The list referred to herein shall include each UT's name; faculty department; classification level and appointment date; employment status (full time or part time); and work address. The list shall be provided on or before the 15^th of February and the 15^th of October each year. The Employer agrees to provide any amendments to the above as soon as possible.

PART 4 - PAY AND DURATION

ARTICLE 39
PAY AND PAY ADMINISTRATION

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39.01 Except as provided in this Agreement, the terms and conditions governing the application of pay to UTs are not affected by this Agreement.

**ARTICLE 41
OTHER LEAVE WITH OR WITHOUT PAY

As noted in reference to changes to Article 16.

41.01 At its discretion, the Employer may grant leave with or without pay for purposes other than those specified in this Agreement.

ARTICLE 42
DURATION

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42.02 This Agreement shall expire on 30 June 2004.

SIGNED AT KINGSTON, this 30^th day of the month of September, 2003.

**APPENDIX "A"

UT - UNIVERSITY TEACHING GROUP
ANNUAL RATES OF PAY
(in dollars)

X) Effective July 1, 2002 - Restructure
A) Effective July 1, 2002
B) Effective July 1, 2003

NOTES

1. Pay Administration

Subject to the provisions of the Article 39 on Pay and Appendix "A", the University Teaching Group Pay Plan, which does not form part of this collective agreement, governs the application of pay to UTs in this bargaining unit. To the extent that this Plan modifies existing terms and conditions governing the application of pay in the bargaining unit, the University Teaching Group Pay Plan shall apply. The Employer agrees to consult with the Canadian Military Colleges Faculty Association at least two (2) months before making any changes to the University Teaching Group Pay Plan revised effective July 1, 2001.

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2. A UT who has been at the maximum rate of pay for his level for 12 months or more, and who has received a satisfactory or better performance rating for the academic year ending June 30, 2001, will move to the new maximum rate of pay effective July 1, 2002.

APPENDIX "C"

MEMORANDUM OF UNDERSTANDING
BETWEEN THE
TREASURY BOARD
(HEREINAFTER CALLED THE EMPLOYER)
AND
THE CANADIAN MILITARY COLLEGES FACULTY ASSOCIATION
(HEREINAFTER CALLED THE ASSOCIATION)
IN RESPECT OF
THE UNIVERSITY TEACHING GROUP BARGAINING UNIT

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Application

Effective July 1, 2002

1. The parties agree that incumbents of positions identified above shall be eligible to receive an annual Terminable Allowance of $2,300, paid in the following amounts and subject to the following conditions:

2. This Memorandum of Understanding expires on June 30, 2004.

SIGNED AT KINGSTON, this 30^th day of the month of September, 2003.