2. Collective Agreement Part 1 – Preliminary

2. Collective Agreement Part 1 – Preliminary

1.         PRELIMINARY

 

1.1       PREAMBLE

 

This Agreement applies to all faculty members of Vancouver Island University as described in Article 2.1.

 

                   (Note:  Language derived from that which was negotiated at a sectorial bargaining process and that has been harmonized into this Collective Agreement is presented in italics.)

 

1.2       TERM OF AGREEMENT/CONTINUATION CLAUSE

 

This Agreement shall be binding from April 1, 2014 until March 31, 2019, or until a new agreement is signed, whichever is later.  The continuance of the increment structure is hereby agreed to by both parties.  This Agreement may be opened for collective bargaining by either party at any time after November 30, 2018, in accordance with Section 46 of the Labour Code of British Columbia (1992).

 

 

 

 

 

_________________________

Laura Suski, Chair,

Vancouver Island University Faculty Association Contract Negotiating Committee

 

 

 

_________________________
Ralph Nilson, President, Vancouver Island University
_________________________

Roy Daykin, Chair,

Post-Secondary Employers’ Association Board of Directors

 

Date

 

1.4       DEFINITIONS

 

1.4.1           “Association” means the Vancouver Island University Faculty Association.

 

1.4.2           “B.C.G.E.U.” means the bargaining unit within Vancouver Island University which is represented by local of the British Columbia Government Employees’ Union.

 

1.4.3           “Collective Agreement” means the combination of provisions of the former Common Agreement dated March 30, 2001 with local provisions that constitute a collective agreement between Vancouver Island University and the Association.
1.4.4           “C.U.P.E.” means the bargaining unit within Vancouver Island University which is represented by local of the Canadian Union of Public Employees.

 

1.4.5           “Dean” means the Appropriate Dean, Director, or Senior Administrator.

 

1.4.6           “Joint Administration and Dispute Resolution Committee” or “JADRC” means the committee established under Article 16.2.

 

1.4.7           “Joint Labour-Management Committee” means a committee formed by the parties with equal representation from the Association and the Employer.

 

1.4.8           “VIUFA” means the bargaining unit within Vancouver Island University which is represented by the Vancouver Island University Faculty Association.

 

1.4.9           “Ministry” means the Ministry that includes responsibility for Vancouver Island University.

 

1.4.10         “Post-Secondary Employers’ Association” or “PSEA” means the Employers’ association established for post-secondary colleges and institutes under the Public Sector Employers’ Act.

 

1.4.11         “University” means Vancouver Island University as the employer.

 

1.4.12         “Vice-President” means the Appropriate Vice-President.
1.4.13         Year:

”Budget year” or “fiscal year” means the budgetary year the University operates under (currently April 1 to March 31).

“Calendar year” means January 1 to December 31.

“ICBC year” shall be the vehicle insurance period of the personal vehicle of a regular member who is eligible for a travel allowance pursuant to Article 11.2.2.

“Seniority year” means an FTE year of service within the Bargaining Unit, unless otherwise specified.

 

1.5       SINGULAR AND PLURAL

Wherever the singular is used in the Collective Agreement language, the same shall be construed as meaning the plural if the context requires unless otherwise specifically stated.

1.6       NEGOTIATING A NEW AGREEMENT

 

1.6.1            Neither party can commence strike/lock out action prior to September

1 following the expiry of the Collective Agreement.

1.7       ESSENTIAL SERVICES

 

1.7.1           The parties agree that proper care[1] of all research animals[2] will be maintained by appropriate members of the bargaining unit in the event of a strike or lockout in the course of this Agreement or its continuance.

 

1.7.2           At least seven (7) days before the commencement of a strike or lockout, the University and the Association will meet and determine a list of employees which they deem sufficient to provide for continuous proper care of the animals during the strike or lockout.  Should the parties be unable to reach agreement on the persons to be designated, the matter will be referred to the CCAC for final and binding resolution by the Council.

 

1.7.3           All persons so designated will be paid their regular salary during the period of designation.
1.7.4           Due regard will be had for previously arranged vacations and other matters and as far as possible the designated duties will be dispersed among all appropriate employees equally.  No other duties will be assigned to these designated employees.

 

1.9       NO OTHER AGREEMENT

 

No faculty member covered by this agreement shall be required or permitted to make a written or oral agreement with the University or its representatives which may conflict with the terms of this agreement, unless mutually agreed to by both parties to this agreement.  Said specific variance shall be in writing and shall clearly state that the letter of agreement is made without prejudice to the collective agreement.

1.12     CONFORMITY TO LAW ‑ SAVINGS CLAUSE

 

It is hereby declared to be the intention of the parties to this contract that the sections, paragraphs, sentences, clauses and phrases of this contract are subject to applicable federal, provincial and local law and are separable.  If any phrase, clause, sentence, paragraph or section of this contract shall be found to be invalid because of conflict with any applicable federal, provincial, or local law, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this contract.  Any substitute provisions shall be subject to appropriate consultation and negotiation between the parties to this collective agreement.

1.13     CORRESPONDENCE

 

All correspondence relating to matters covered in this Agreement from the Association or a representative of the Association to any administrator (including a Chair or equivalent) shall be copied to the Executive Director of Human Resources.

[1] Proper care implies provision of appropriate temperatures, humidity, light cycles, ventilation, food, water and cleaning as well as exercise and nursing care appropriate.

[2] Research animals means any live non-human vertebrate or invertebrate utilized in research, teaching, and testing.

2018-12-14T11:14:40-08:00June 8th, 2018|