2. UNION SECURITY
2.1 UNION RECOGNITION
2.1.1 The University recognizes that the Association is the exclusive bargaining authority for all faculty members who are employed as University professors, instructors, counsellors, librarians and technicians at and from Vancouver Island University except instructors employed in the Vocational Division and Continuing Education.
2.1.2 The question of inclusion or exclusion of a new position created by the University will be negotiated with the Association prior to any posting of the position. In the event the local parties cannot agree, the question of inclusion or exclusion may be referred to the Labour Relations Board for determination.
Where the local parties fail to agree and pending a decision from the Labour Relations Board, the position may be filled. The University will provide the Association with a copy of the organizational chart for the immediate branch or program where the position is located, a copy of the position’s job description and a copy of the job description for the position which supervises the position in question.
2.1.3 When a new position is created and found to be appropriate for inclusion in the bargaining unit pursuant to Article 2.1.2, the University and Association will meet to discuss whether the position is a Faculty position which should be placed on the Faculty Salary Schedule in Appendix A1 or a non-instructional position which should be placed on the appropriate non-instructional Salary Schedule in either Appendix A1 or A2 dependent on the type of position. In the event the parties cannot agree as to whether the new position is a Faculty position appropriate for placement on the Faculty Salary Schedule in Appendix A1 or a non-instructional position appropriate for placement on the non-instructional Salary Schedule in Appendix A2, the University will place the position on the Salary Schedule it deems to be appropriate and the Association may grieve the matter under Article 5.
2.2 UNION SECURITY
2.2.1 All members of the bargaining unit represented by the Association shall, as a condition of employment, pay fees of not less than one dollar per year, the actual amount to be determined from time to time by the Association.
2.2.2 The above provisions of this Agreement shall not be construed as requiring any member of the bargaining unit represented by the Association to become a member of the Association.
2.2.3 The University shall provide each successful candidate for a position in the bargaining unit represented by the Association a copy of this Agreement with the letter of appointment.
2.3 DUES CHECK OFF
2.3.1 The University shall as a condition of employment, deduct from the biweekly wages or salary of each member of the bargaining unit represented by the Association the amount of the regular biweekly fees payable to the Association.
2.3.2 All deductions shall be remitted to the Treasurer of the Association without delay. Before the University is obligated to deduct any amount described in Article 2.3.1 the Association must advise the University in writing of the amount of its regular biweekly fees. The amount so advised shall continue to be the amount to be deducted until changed by further written notice to the University signed by the Treasurer of the Association. Upon receipt of such notice, such changed amount shall be deducted.
2.3.3 If a faculty member is assigned work that is partly in the bargaining unit represented by the Association and partly by either or both B.C.G.E.U. and C.U.P.E., the University shall, as a condition of employment in the position represented by the Association, deduct from the portion of their biweekly wages or salary applicable to this position, the amount described in Article 2.3.1.
2.6 LEAVE FOR ASSOCIATION AND F.P.S.E. POSITIONS
NOTE: see Section 12 regarding Leaves.
Faculty members may, from time-to-time be elected to executive positions within the Association or the Provincial Federation of Post-Secondary Educators of BC (F.P.S.E.).
2.6.1 The University shall, upon request from the Association, grant full or partial release leave to perform duties of an executive position with the Association or F.P.S.E. Such leave shall be renewable on request from the Association.
2.6.2 The University shall continue to pay the faculty member their full salary and benefits while serving the Association or F.P.S.E.
2.6.3 Leave of Absence for University Committees
An employee whose assigned work schedule would prevent them from attending meetings of a University committee to which they have been elected or appointed, will be granted a leave of absence from their regular duties without loss of pay or other entitlements to attend such meeting(s).
2.6.4 Union Leave
Meetings between representatives of the Union and the Employer will be scheduled at times mutually agreeable to the Parties. Reasonable effort shall be made to hold such meetings at times that do not conflict with assigned duties.
The Employer shall provide the equivalent of one-quarter full-time equivalent release for the VIUFA to distribute to members of the VIUFA Executive.
Where such leave is granted, the Employer will replace the employee as necessary.
Costs arising from this provision will not be charged against the program area of the participating union representative.
2.6.5 The Association and/or F.P.S.E. may purchase additional release time above that currently paid for by the Employer at replacement cost. Replacement cost is that for the individual who is carrying out the duties of the individual released.
2.6.6 Subject to the provisions of Article 10.4.1, the University shall identify the sections to be the offered in the following academic year by each department and the department shall identify the work to be done by members of that department without regard to any potential release time that may be granted pursuant to Articles 2.6.4 and/or 2.6.5.
The University shall not reduce the number of sections initially proposed to be offered by the regular faculty in a department as a result of a faculty member receiving release time pursuant to section 2.6.4 and/or 2.6.5.
2.6.7 Upon completion of the term of office, the faculty member is assured of resuming duties at a salary level equal to that which they would have received, had they remained in their usual position at the University. The faculty member shall be given their full seniority credits for the period of their release leave.
2.8 CONTRACTING OUT
a) The University will not contract out any work normally performed by employees covered by this Agreement, except in situations described in subsection (b) herein.
b) The University may contract out work where the expertise or workforce capacity needed for a project or program is not available within the bargaining unit, and after consultation and agreement with the Association.