University Teaching (UT) (Archived)

34.02 Investigations of matters which may give rise to disciplinary action shall be initiated within thirty (30) days of the date on which the Employer knew or ought to have known of such matters, and shall be carried out expeditiously. Except for action taken under Article 35, any disciplinary action shall be imposed within thirty (30) days of the date the Employer completes its investigation of the matter-giving rise to the discipline.

34.03 When a UT is suspended from duty, the Employer shall notify the employee in writing of the reason for such suspension. The Employer shall make reasonable efforts to provide such notification at the time of suspension.

34.04 The Employer shall notify the Association that such suspension has occurred.

34.05 When a UT is required to attend a meeting, the purpose of which is to render a disciplinary decision concerning him/her, the UT is entitled to have, at his/her request, a representative of the Association at the meeting. When practicable, the UT shall receive a minimum of one (1) day's notice of such a meeting.

34.06 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the personnel file of a UT the content of which the UT was not aware at the time of filing or within a reasonable period thereafter.

34.07 Any document or written statement related to disciplinary action, which may have been placed on the personnel file of a UT, shall in the case of a verbal or written reprimand be destroyed after two (2) years have elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded in this period. In all other cases documents shall be destroyed after four (4) years have elapsed since the disciplinary action was taken and no further disciplinary action, other than a verbal or written reprimand, has been recorded during this period.

ARTICLE 35
TERMINATION FOR FAILURE TO ADEQUATELY PERFORM ACADEMIC DUTIES

35.01 Where the Principal is satisfied that there may be adequate cause to justify his/her recommendation that a UT be terminated on grounds that the UT has failed to adequately perform his/her academic duties, the Principal will inform the UT and the Association by registered mail that the College intends to hold an investigation by committee in order to determine if adequate cause exists for recommending termination to the appropriate authority. The letter will clearly state what apparent action or lack of action on the part of the UT the committee will investigate.

35.02 The committee will be established consisting of one of the two senior indeterminately employed faculty members of the College who are chosen annually by the teaching faculty of Faculty Board to be Chairpersons of such committees, a faculty member selected by the Principal and a faculty member selected by the affected faculty member. The chairperson of the committee will be that faculty member selected by Faculty Board.

35.03 The affected UT, and a representative of the Association if the UT should so choose, will appear before the committee.

35.04 The committee will prepare a report including a recommendation. If the committee determines that adequate cause for termination action exists, the report will include a recommended effective date.

35.05 The report shall be made to the Principal and copies will be made available immediately to the Commandant, the UT concerned and the Association. The Principal shall notify the UT concerned if any action is being taken by the College within fifteen (15) working days, except where circumstances warrant a further delay, in which case the UT shall be advised within fifteen (15) working days of the further delay, and the reasons for such delay. If no action is taken by the College, reference to any contemplated action shall be removed or deleted from CMC files.

ARTICLE 36
MISCONDUCT IN RESEARCH

36.01 The Parties agree that misconduct in research as defined herein may be the subject of discipline.

(a) fabrication, falsification or plagiarism, but does not included those factors intrinsic to the process of academic research, such as honest error, conflicting data or differences in interpretation or assessment of data or of experimental design;

(b) material failure to comply with relevant federal or provincial regulations for the protection of researchers or human subjects, for the health and safety of the public, or for the welfare of laboratory animals;

(d) failure to reveal any material conflict of interest to the sponsors or to those who commission work or when asked to undertake reviews of research grant applications or manuscripts for publication, or to test products for sale or distribution to the public;

(e) failure to reveal to the CMC any material financial interest in a company that contracts with the CMC to undertake research, particularly research involving the company's products, or to provide research related materials or services. Material financial interest means ownership, substantial stock holding, a directorship, significant honoraria or consulting fees, but does not include minor stock holding in publicly traded corporations.

36.03 Discipline for misconduct in research shall only be imposed following the formal investigation process set out in this Article. Allegations of misconduct in research shall result in an investigation only if:

(b) the Principal determines that the allegations have sufficient substance to warrant investigation;

(c) the UT named in the allegations has been provided with notice and a summary thereof sufficiently detailed to permit him/her a fair opportunity to respond;

(d) the notice in paragraph (c) shall advise the UT concerned of his/her right to be represented by the Association.

Where allegations do not result in an investigation, all records relating to those allegations which are in the possession of the Employer shall be destroyed.

36.04 The formal investigation process commences when the individual named in the allegations has received the notice referred to in 36.03(d). A UT who is an authorized representative of the Association may be present at any meeting involving the individual named in the allegations during the course of the formal investigation. Any statements made by the individual named in the allegations during these meetings shall be strictly without prejudice.

36.05 The Principal or his/her nominee(s) shall investigate the allegations promptly, fairly and in a confidential manner, ensuring that the individual named in the allegations has adequate opportunity to know all evidence presented and to respond to that evidence.

36.06 The parties agree that grievances involving disciplinary action for misconduct in research shall, at the discretion of the grievor, proceed directly to the final stage of the grievance process.

36.07 If the Principal decides after formal investigation not to proceed against the individual named in an allegation or if the adjudication decides in favour of the individual, the Employer shall remove all relevant documentation from the UT's file and shall, at the sole discretion of the UT, destroy the documentation or transfer it to the UT except that it shall retain any adjudication report which shall be a public document. A decision by the Principal not to proceed shall be communicated in writing to the UT.

ARTICLE 37
PERFORMANCE REVIEW AND PERSONNEL FILES

37.01 Upon written request of a UT, the personnel file of that UT shall be made available twice (2) per year for examination by the UT in the presence of an authorized representative of the Employer.

37.02 No anonymous material, except for statistical data, concerning any UT shall be kept by the Employer nor shall be submitted as evidence in any subsequent proceeding involving any UT.

37.03 A UT shall have the right to place in his/her personnel file a written reply to any document in his/her personnel file, which reply shall be attached to that document.

37.04 A UT shall have the right to obtain at no charge from the Employer a copy of any document in his/her personnel file.

37.05

(a) When a formal assessment of a UT's performance is made, the UT concerned must be given an opportunity to sign the assessment form in question upon its completion to indicate that its contents have been read. A copy of the assessment will be provided to him/her at that time. A UT's signature on his/her assessment form will be considered to be an indication only that its contents have been read and shall not indicate his/her concurrence with the statements contained in the form.

(b) The Employer's representative(s) who assess a UT's performance must have been aware of the UT's performance for at least one-half (1/2) of the period for which the UT's performance is evaluated.

(i) the evaluation form which will be used for the review;

and

(ii) any written document which provides instruction to the person conducting the review.

(b) If, during the performance review, either the form or instructions are changed, they shall be given to the UT concerned.

37.07 Evaluation of the work of UT's solicited in confidence from external references shall be retained by the Employer, but not placed in the personnel file. The texts of such letters, with letterhead and signature block removed, shall be placed in the personnel file of the UT and are not anonymous material for the purposes of this article.

ARTICLE 38
AGREEMENT REOPENER

PART 4 - PAY AND DURATION

ARTICLE 39
PAY AND PAY ADMINISTRATION

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.

(a) the pay specified in Appendix "A" for the classification of the position to which he or she is appointed, if the classification coincides with that prescribed in his or her certificate of appointment;

(b) the pay specified in Appendix "A" for the classification prescribed in his or her certificate of appointment, if that classification and the classification of the position to which he or she is appointed do not coincide.

39.03 The rates of pay set forth in Appendix "A" shall become effective on the date specified therein.

39.04 Rates of Pay

(a) This clause supersedes the Retroactive Remuneration Directives. Where the rates of pay set forth in Appendix "A" have an effective date prior to the date of signing of this Agreement, the following shall apply:

(i) "retroactive period" for the purpose of clauses (ii) to (v) means the period commencing on the effective date of the retroactive upward revision in rates of pay and ending on the day this Agreement is signed or when an Arbitral Award is rendered;

(ii) a retroactive upward revision in rates of pay shall apply to UTs, former UTs or, in case of death, the estates of former UTs, who were UTs in the bargaining unit during the retroactive period;

(iii) rates of pay shall be paid in an amount equal to what would have been paid had this Agreement been signed or an Arbitral Award rendered on the effective date of the revision in rates of pay;

(iv) in order for former UTs or, in the case of death, for the former UTs' representatives to receive payment in accordance with clause (iii), the Employer shall notify such individuals, by registered mail at their last known address, that they have thirty (30) days from the date of receipt of the registered letter to request in writing such payment, after which time any obligation upon the Employer to provide payment ceases;

and

(v) no payment nor notification shall be made pursuant to clause 39.04 for one dollar ($1.00) or less.

ARTICLE 40
SEVERANCE PAY

40.01 Under the following circumstances and subject to clause 40.02, a UT shall receive severance benefits calculated on the basis of the UT's weekly rate of pay:

(i) On the first lay-off two (2) weeks' pay for the first complete year of continuous employment and one (1) week's pay for each additional complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365).

(ii) On second or subsequent lay-off one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), less any period in respect of which the UT was granted severance pay under sub-paragraph (a)(i).

On resignation, subject to sub-clause 40.01(d) and with ten (10) or more years of continuous employment, one-half (1/2) week's pay for each complete year of continuous employment up to a maximum of twenty-six (26) years with a maximum benefit of thirteen (13) weeks' pay.

On rejection on probation, when a UT has completed more than one (1) year of continuous employment and ceases to be employed by reason of rejection during a probationary period, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-seven (27) weeks' pay.

(i) On retirement, when a UT is entitled to an immediate annuity under the Public Service Superannuation Act or when the UT is entitled to an immediate annual allowance under the Public Service Superannuation Act,

(ii) a part-time UT, who regularly works more than thirteen and one-half (13 1/2) but less than thirty (30) hours a week, and who, if he or she were a contributor under the Public Service Superannuation Act, would be entitled to an immediate annuity thereunder, or who would have been entitled to an immediate annual allowance if he or she were a contributor under the Public Service Superannuation Act,

a severance payment in respect of the UT's complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay.

If a UT dies, there shall be paid to the UT's estate a severance payment in respect of the UT's complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay, regardless of any other benefit payable.

(i) When a UT has completed more than one (1) year of continuous employment and ceases to be employed by reason of termination for cause for reasons of incapacity pursuant to Section 11(2)(g) of the Financial Administration Act, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.

(ii) When a UT has completed more than ten (10) years of continuous employment and ceases to be employed by reason of release for incompetence pursuant to the provisions of Section 11(2)(g) of the Financial Administration Act, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.

40.02 Severance benefits payable to a UT under this Article shall be reduced by any period of continuous employment in respect of which the UT was already granted any type of termination benefit. Under no circumstances shall the maximum severance pay provided under clause 40.01 be pyramided.

40.03 The weekly rate of pay referred to in the above clauses shall be the weekly rate of pay to which the UT is entitled for the classification prescribed in the UT's certificate of appointment on the date of the termination of the UT's employment.

**ARTICLE 41
OTHER LEAVE WITH OR WITHOUT PAY

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

42.01 Unless otherwise expressly stipulated, the provisions of this Collective Agreement shall become effective on the date it is signed.

**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

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.

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 "B"

ADMINISTRATIVE ALLOWANCE

A UT at level 2, 3 or 4, who acts as head of a department, will receive an annual allowance based on the number of full-time faculty in the department as outlined below:

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

Preamble

In an effort to resolve retention problems, the Employer will provide an Allowance to incumbents of positions at the UT-1 through UT-4 levels for the performance of duties in the University Teaching Group.

Application

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:

(a) on September 15, 2002, an amount of $1,150 and on January 15, 2003, an amount of $1,150;

Effective July 1, 2003, the Terminable Allowance noted in this paragraph shall equal $3,000, and, as such, incumbents of the identified positions shall be eligible to receive the allowance in the following manner:

(b) on September 15, 2003, an amount of $1,500 and on January 15, 2004, an amount of $1,500;

(c) the Terminable Allowance specified above does not form part of a UT's salary except for the calculation of the Sabbatical Allowance;

(d) the Allowance shall not be paid to or in respect of a person who ceased to be a member of the bargaining unit prior to the date of signing of this Agreement.


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University Teaching (UT) (Archived)

ARTICLE 35 TERMINATION FOR FAILURE TO ADEQUATELY PERFORM ACADEMIC DUTIES