University Teaching (UT) 227

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Part 4 - Pay and Duration

Article 40
Pay and Pay Administration

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

40.02 A UT is entitled to be paid for services rendered at:

1. 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;
   or
2. 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.

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

40.04 Rates of Pay

1. This clause supersedes the Retroactive Remuneration Directives. Where the rates of pay set forth in Appendix A have an effective date before the date of signing of this Agreement, the following shall apply:
   1. "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;
   2. 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;
   3. 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;
   4. 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
   5. no payment or notification shall be made pursuant to clause 40.04 for one dollar ($1.00) or less.

Article 41
Severance Pay

**

Effective July 2, 2011 paragraphs 41.01 (b) and (d) are deleted from the collective agreement.

41.01 Under the following circumstances and subject to clause 41.02, a UT shall receive severance benefits calculated on the basis of the UT's weekly rate of pay:

1. Lay-off
   **
   1. On the first (1^st) lay-off, for the first (1^st) complete year of continuous employment two (2) weeks' pay, or three (3) weeks' pay for employees with ten (10) or more and less than twenty (20) years of continuous employment, or four (4) weeks' pay for employees with twenty (20) or more years of continuous employment, plus 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).
   2. 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).
2. Resignation
   • On resignation, subject to paragraph 41.01(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.
3. Rejection on Probation
   • 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.
4. Retirement
   • 1. 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,
        or
     2. a part-time UT, who regularly works more than twelve decimal five (12.5) hours per week and who, if he or she were a contributor under the Public Service Superannuation Act, would be entitled to an immediate annuity there under, 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.
5. Death
   • 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.
6. Termination for Cause for Reasons of Incapacity or Incompetence
   1. 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 12(1)(d) or 12(1)(e) 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.
   2. 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 12(1)(d) or 12(1)(e) 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.

**

41.02 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 this article be pyramided.

**

For greater certainty, payments made pursuant to 41.04 to 41.07 or similar provisions in other collective agreements shall be considered as a termination benefit for the administration of clause 41.02.

41.03 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.

**

41.04 Severance Termination

1. Subject to 41.02 above, indeterminate UTs on July 2, 2011 shall be entitled to severance termination benefits equal to 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.
2. Subject to 41.02 above, term UTs on July 2, 2011 shall be entitled to severance termination benefits equal to one (1) week's pay for each complete year of continuous employment, to a maximum of thirty (30) weeks.

**

Terms of Payment

41.05 Options

The amount to which a UT is entitled shall be paid, at the UT's discretion, either:

1. as a single payment at the rate of pay of the UT's substantive position as of July 2, 2011, or
2. as a single payment at the time of the UT's termination of employment from the core public administration, based on the rate of pay of the UT's substantive position at the date of termination of employment from the core public administration, or
3. as a combination of (a) and (b), pursuant to 41.06(c).

**

41.06 Selection of Option

1. The Employer will advise the UT of his or her years of continuous employment no later than three (3) months following the official date of signing of the collective agreement.
2. The UT shall advise the Employer of the term of payment option selected within six (6) months from the official date of signing of the collective agreement.
3. The UT who opts for the option described in 41.05(c) must specify the number of complete weeks to be paid out pursuant to 41.05(a) and the remainder shall be paid out pursuant to 41.05(b).
4. A UT who does not make a selection under 41.06(b) will be deemed to have chosen option 41.05(b).

**

41.07 Appointment from a Different Bargaining Unit

This clause applies in a situation where an employee is appointed into a position in the UT bargaining unit from a position outside the UT bargaining unit where, at the date of appointment, provisions similar to those in 41.01(b) and (d) are still in force, unless the appointment is only on an acting basis.

1. Subject to 41.02 above, on the date an indeterminate employee becomes subject to this Agreement after July 2, 2011, he or she shall be entitled to severance termination benefits equal to 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, based on the employee's rate of pay of his substantive position on the day preceding the appointment.
2. Subject to 41.02 above, on the date a term employee becomes subject to this Agreement after July 2, 2011, he or she shall be entitled to severance termination benefits equal to one (1) week's pay for each complete year of continuous employment, to a maximum of thirty (30) weeks, based on the employee's rate of pay of his substantive position on the day preceding the appointment.
3. An employee entitled to severance termination benefits under paragraph (a) or (b) shall have the same choice of options outlined in 41.05, however the selection of which option must be made within three (3) months of being appointed to the bargaining unit.
   (d) An employee who does not make a selection under 41.07(c) will be deemed to have chosen option 41.05(b).

Article 42
Other Leave With or Without Pay

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

Article 43
Duration

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

**

43.02 This Agreement shall expire on June 30, 2014.

Signed at Kingston, this 11^th day of the month of March 2011.

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