Collective Agreement 2019-2022

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, 2019 until March 31, 2022, or until a new agreement is signed, [...]

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 [...]

3.         PERSONNEL RECORDS, DISCIPLINE, SUSPENSION AND DISCHARGE 3.1       PERSONNEL FILE During normal working hours, and in the presence of a Human Resources Office staff member, every faculty member has the right of access to their personnel file. 3.2       DISCIPLINE 3.2.1           The employment of a faculty member shall not be terminated except for just cause. 3.2.2           The President or their designate shall state in writing the facts believed to constitute just cause for the [...]

4.        CATEGORIES OF EMPLOYEES AND CATEGORIES OF POSITIONS 4.1       CLASSIFICATION OF EMPLOYEES 4.1.1           Regular Faculty Member The term "regular" shall refer to a faculty member with an ongoing appointment. 4.1.1.1        References to regular faculty in this collective agreement include regular full‑time and regular part‑time faculty unless either is specifically identified. 4.1.1.2        The position title for regular instructional faculty shall be “Professor.” 4.1.2           Temporary and Non-Regular Faculty Members Temporary and non-regular faculty members [...]

5.         GRIEVANCE PROCEDURES AND ARBITRATION 5.1       GRIEVANCE PROCEDURE - GENERAL 5.1.1       Differences between the parties bound by this agreement concerning its interpretation, application, operation or any violation thereof, and any questions as to whether any matter is arbitrable shall, if possible, be resolved by informal discussions. 5.1.2       Grievance Procedure – Steps If the dispute has not been resolved by informal discussions the Association may, within seventy-five (75) days after the Association became [...]

6. SENIORITY, PROMOTIONS, HIRING AND LAYOFFS 6.1 PROBATIONARY EMPLOYEES 6.1.1           First Regular Faculty Appointments Initial appointments for all regular faculty are for a probationary period of two years. 6.2       CALCULATION OF REGULAR SENIORITY 6.2.1           The means of establishing seniority within the bargaining unit, as defined in Article 2.1 of this agreement, shall be: "Seniority is defined as full‑time years of continuous University service within the bargaining unit, inclusive of approved leaves or exchanges.  [...]

7. EVALUATION 7.1     PURPOSE OF EVALUATION The overarching purpose of faculty evaluation is to maintain excellence of instruction, and of service, at the university. In order to achieve this purpose, several processes are available. 7.1.1    TERMINOLOGY The following definitions are intended to provide clarity around the terms, and the relations between the processes, described here in Article 7. “Formative evaluation”: evaluation undertaken with the aim of assessing a faculty member’s current practice [...]

8. SUPERVISED EVALUATION OF INSTRUCTIONAL FACULTY ON REGULAR APPOINTMENTS 8.1 The Appropriate Senior Administrator may initiate and carry out evaluation procedures for a faculty member about whom a professional concern has arisen. 8.1.1 The following procedures will apply to a faculty member for whom an evaluation procedure is initiated pursuant to Article 8.1 above: a) The faculty member will be advised by the Appropriate Senior Administrator that a professional concern(s) has (have) arisen [...]

9. RENEWAL OF APPOINTMENT 9.1              Limited Term Contracts (LTC) Where possible, subject to 9.2.2.1, limited term contracts will be offered in The following situations: a) For the temporary replacement of encumbered work. Work is considered to be encumbered when the work is part of the assignment of a regular faculty member who is on leave from their regular position or is on reassignment. b) For carrying out unencumbered work, where VIU and VIUFA [...]

10. HOURS OF WORK/WORKLOAD 10.1     ACADEMIC YEAR FOR REGULAR FACULTY MEMBERS 10.1.1         Regular faculty members are normally appointed on the basis of a twelve-month academic year which runs from August 1 to July 31. 10.1.1.1      Limited term contract faculty members are normally appointed on the basis of a twelve-month academic year which runs from August 1 to July 31, within the constraints of the contract’s start and end date, or for one semester [...]

11. SALARIES AND ALLOWANCES 11.1 SALARIES 11.1.1         A faculty member shall be paid an annual salary in accordance with the following rates. Payment of wages will be processed on a biweekly basis and will be deposited directly to the credit of the faculty member’s account at a Canadian financial institution of the faculty member’s choice. Bi-weekly salary is calculated by dividing the annual salary by 26.0893 pay periods. * All salary adjustments will [...]

12. LEAVE, PAID AND UNPAID, PROFESSIONAL DEVELOPMENT AND SCHOLARLY ACTIVITY 12.2 VACATIONS 12.2.1         The employer shall provide each regular instructional, limited term contract faculty member, and faculty members in non-instructional Academic Experience Positions who works a full annual workload with forty-four (44) days of paid vacation in each year, exclusive of statutory holidays and the days between Christmas and New Years. It will normally be the responsibility of the faculty member to utilize [...]

13.       HEALTH, INSURANCE AND PENSION BENEFITS Information on the benefit entitlements identified in this Article is available on the Human Resources Website (Benefit Plans) at http://www2.viu.ca/HumanResources/BENEFIT.asp.  Whenever a change to these benefits occurs, the Chief Personnel Steward will be notified in writing by the Human Resources Department. 13.1     Eligibility for Benefits a) Regular Faculty and Limited Term Contract Instructors Except where provided for by law only regular faculty members and limited term [...]

14.       PROTECTION OF EMPLOYEES 14.1     DISCRIMINATION AND HARASSMENT The University and the Association recognize the right of employees to work in, and students to study in, an atmosphere free from discrimination and harassment.  All employees and students have the right to employment and equal treatment without discrimination or harassment because of the race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender [...]

15.       GENERAL 15.1     FACULTY ROLE IN CURRICULUM AND PROGRAM DEVELOPMENT 15.1.1         It is recognized that faculty involvement in curriculum and program development is vital for the maintenance of the quality of instruction at Vancouver Island University.  Further, as faculty are expected to maintain currency within areas of expertise and are provided opportunity to do so, it is essential that faculty are recognized as key players in both curriculum and program change and development. [...]

16.       HUMAN RESOURCES DATABASE and JADRC 16.1     HUMAN RESOURCES DATABASE The Parties believe that their on-going and collective bargaining relationships are enhanced through useful, timely and accessible data on relevant human resources matters, including those listed below. The Parties agree to provide and support the accumulation and dissemination of available data to the PSEA, which will be responsible for the management of the HRDB project including the gathering, analysis, and maintenance of [...]

APPENDIX A1:  PROVINCIAL SALARY SCALE SCHEDULE *All salary adjustments will occur on the first full pay period after this date.

*All salary adjustments will occur on the first full pay period after this date. The value of each step of the F1 Salary Scale shall maintain its ratio to the value of each of the corresponding steps of the F2 Salary Scale as set out in the Table below. The intent of #1 is to ensure that the salaries of employees on the above Salary Scale maintain their current value relative [...]

APPENDIX B:   VIUFA SALARY PLACEMENT EXPERIENCE CREDIT DATA SUMMARY

APPENDIX C:  INITIAL SALARY PLACEMENT FORM - FACULTY VANCOUVER ISLAND UNIVERSITY PROFESSOR:                                   ACADEMIC EXPERIENCE POSITION:                                 LIMITED TERM CONTRACT:                                                   NAME:                               DEPARTMENT:                                            DATE: PART I EDUCATION CREDIT a) Highest degree or diploma               Institution:                                                       Date: _________________ b) Equivalent granted in lieu of degree or diploma: Description of experience used to grant equivalency:                                                                                INITIAL MINIMUM PLACEMENT:                                                               STEP                                                                            c) Related Study: [...]

APPENDIX D:   INITIAL SALARY PLACEMENT FORM NON-INSTRUCTIONAL F1 SALARY SCALE POSITIONS NAME:                               DEPARTMENT:                                            DATE:                                PART I EDUCATION CREDIT a) Highest degree or diploma               Institution:                                                       Date: _________________ b) Equivalent granted in lieu of degree or diploma:                                                                                Description of experience used to grant equivalency:                                                                                INITIAL MINIMUM PLACEMENT:                                                      STEP F1-1                                                                             c) Related Study: If Diploma or equivalent, subtract one step for one year of [...]

APPENDIX E:  DISPUTE REFERRAL FORM

APPENDIX F-1- REGISTRY OF LAID OFF EMPLOYEES - FORM 1   PSEA ELECTRONIC POSTING OF AVAILABLE POSITIONS            0. (For PSEA use only)   College/University College/Institute and Location:   Job Title:   Area/Program/Discipline(s):   Job Description:   Minimum and Preferred Qualifications:   Start Date:   Close Date:   Contact Person and Address:      

APPENDIX F-2- REGISTRY OF LAID OFF EMPLOYEES - FORM 2   PSEA REGISTRY OF ELIGIBLE EMPLOYEES       0. (For PSEA use only:)   College, University College, Institute:   Registrant:   Service Date (length of service):   Program/Area:   Date of Availability (Lay-off or End of Contract):   Registrant Electronic Resume available at:   College/University College/Institute Contact Person:   College/University College/Institute Contact Phone Number:   Bargaining Unit Contact Person:   Bargaining Unit Contact Phone [...]

APPENDIX G - MEDICAL TRAVEL REFERRAL BENEFIT  Benefit Summary  Deductible Amount:  None  Benefit Amount:  100% of eligible expenses  Individual Maximum:  $10,000 per year  Coverage Limitations:  $125 per day for a maximum of 50 days per calendar year for all eligible expenses combined; Where an employer requires it, receipts must be submitted with the expense claim; Where the eligible expenses exceed $125 per day, but do not exceed the average of $125 per day [...]

APPENDIX H - DENTAL PLAN The nine (9) month limitation applies to 1) polishing, 2) the application of fluoride, and 3) the recall itself.  The nine (9) month limitation does not apply to scaling; any current scaling limits in dental contracts apply.  The process for an individual faculty employee to have their teeth cleaned more frequently than every nine (9) months as provided by Former Common Agreement Article 9.2.1 (d) is as follows:  [...]

LETTER OF AGREEMENT #11: COLLECTION OF INFORMATION ON SCHOLARLY ACTIVITY The parties agree that disclosure of a faculty member’s research and scholarly activity may be requested from the faculty member by the Employer for the purposes of accreditation, program approval, program promotion, or for statistical purposes. The purpose(s) of the disclosure will be stated in the request, and the information obtained thereby will be used only for the purpose(s) for which it was [...]

LETTER OF AGREEMENT #12: ANNUAL WORKLOAD REPORT The parties agree that it is beneficial to document work performed by instructional and non-instructional faculty. To accurately record activities related to teaching, institutional or community service, scholarly activity, and professional development, the appropriate Administrator will circulate an annual Workload Report Form to be completed and returned by faculty members by the end of the Instructional PD period (June 15). Completed forms will be retained by [...]

LETTER OF AGREEMENT #13: TEACHING SCHOLARS ACADEMIC YEAR 2004-2005 For the academic year 2004-05, the University will provide up to two sections of release time for “Teaching Scholars” to provide additional professional development, facilitation and leadership opportunities for instructional faculty. The Teaching Scholars’ responsibilities will have four components: active participation on the Teaching and Learning Centre team organization and facilitation of professional development in the are of expertise consulting the individuals and/or departmental [...]

LETTER OF AGREEMENT #14: LIMITED TERM CONTRACT HIRING As discussed in mid-term bargaining sessions during the fall of 2017, the following sets out the agreed practices and processes used to determine hire Limited Term Contracts (LTCs).  Definitions: Committee Chair – The Chair of the Search Committee, normally the Dean of the Faculty, however, it may be designated to another Admin employee. Search Committee – The committee formed to provide advice to the Committee [...]

LETTER OF AGREEMENT #15: NON-REGULAR SENIORITY Definitions: Break-in-Service – where there is a full pay period with no pay earned by a VIUFA faculty member for VIUFA instructional activity. Pay Period – the two-week calendar period, defined in advance by VIU’s Payroll Department, where work activity results in paid compensation.  (e.g. Pay Period 1825 is the 25th pay period in 2018 for the time period of November 24, 2018 to December 7, 2018) [...]

LETTER OF AGREEMENT #16: WORKLOAD FOR BACHELOR OF SCIENCE IN NURSING: PRECEPTOR-LED AND PROFESSOR/INSTRUCTOR-LED PRACTICE COURSES In the Faculty of Health and Human Services, the following courses are Preceptor-led Practice Courses: NURS 314 (4) Nursing Practice VI: 90 hours of practice for students NURS 375 (8) Consolidated Practice Experience III: 258 hours of practice for students NURS 404 (4) Nursing Practice VII: 90 hours of practice for students NURS 414 (12) Nursing Practice [...]

LETTER OF UNDERSTANDING #17: EDUCATIONAL ADVISING All seniority accrued by employees in “Educational Counseling” will be transferred to “Educational Advising”. Employees who have split appointments and/or assignments will continue to accrue seniority in their appropriate seniority groups. The qualification for ‘Counsellor’ can be distinguished from the qualification for ‘Advisor’. The University may distinguish the two professions in terms of its internal organization and services to the University community. It is to be noted [...]

LETTER OF AGREEMENT #18: JOINT EARLY INTERVENTION PROGRAM A Joint Rehabilitation Committee made up of three representatives from the Association and three representatives from VIU (at least two of which will be from HR) will develop their own terms of reference and processes to reflect the following principles: The Joint Early Intervention Program will be jointly managed. Where an employee is absent for five (5) or more consecutive days of work or where [...]

LETTER OF UNDERSTANDING #1:  UNCONVENTIONAL INSTRUCTION DESIGNATED UNDER 10.2.1.2.1 A listing of cases of unconventional instructional, referred to in Article 10.2.1.2.1 of the Collective Agreement will be determined by the VIU-VIUFA Labour Management Committee. The Employer shall provide a report to the VIU-VIUFA Labour Management Committee on said courses in February of each year and post a list on the VIU Human Resources website. As per former Letters of Agreement #2 Dental Hygiene [...]

LETTER OF AGREEMENT #2: INDIGENOUS PEDAGOGY The parties agree that a Labour Management subcommittee will be convened to discuss aligning evaluation practices with Indigenous pedagogy. The subcommittee will be determined by Labour Management and have representation from VIU, VIUFA, and other areas with expertise in Indigenous ways of knowing from across the VIU community. The mandate of the subcommittee will be to propose tools and methods appropriate for evaluating faculty practicing Indigenous pedagogy, [...]

LETTER OF AGREEMENT #3: USE OF AREA CHAIRS From time to time, developments in an area or changes to Deans' assignments may make it desirable to create an elected Area Chair position.  The University administration may elect to create new Area Chair positions following consultation with faculty in the area about the need for the position and the appropriate term of the position (see below).  All such positions will be posted internally.  The [...]

LETTER OF AGREEMENT #4:  WORKLOAD AVERAGING LEAVE The Vancouver Island University Faculty Association agrees to the interim arrangement proposed by the University as defined and outlined below: Definition:                  Workload Averaging Leave is a partial unassisted averaging salary across two semesters available, on the recommendation of a Dean and the approval of the appropriate Vice President, to regular, full‑time faculty at the top of their salary scale. Terms: The University will pay its share [...]

LETTER OF UNDERSTANDING #5:  PRIOR LEARNING ASSESSMENT Definition:  Prior Learning Assessment (PLA) is the assessment by some value and reliable means, of what has been learned through formal and non-formal education/training or experience, that is worthy of credit in a course or program offered by the institution providing credit.  The assessment and evaluation of prior learning and the determination of competency and credit awarded will be done by instructional or faculty staff who [...]

LETTER OF UNDERSTANDING #6:  SABBATICALS/UPPER LEVEL RELEASE/WORKLOAD It is agreed that a Joint Committee of representatives of Vancouver Island University ("VIU") and Vancouver Island University Faculty Association ("VIUFA") will be established to review and make recommendations to VIU and VIUFA on revisions to the current provisions in the Collective Agreement related to assisted professional development leave, upper level release and workload in accordance with the provisions of the following Letter of Understanding:   [...]

LETTER OF AGREEMENT #7:  UPPER LEVEL RELEASE FOR NON-REGULAR FACULTY It is agreed that nothing in the establishment of the flat rate and related provisions, will reduce the previous entitlement for Upper Level release afforded to non-regular faculty. Accordingly, Article 10.11.1 (a) will apply to non-regular faculty with a seven section or equivalent assignment which includes one or more upper level sections per academic year in that the non-regular faculty member will be [...]

LETTER OF AGREEMENT #8:  WORKLOAD Class size maxima Class size maxima for the years 2001/2002 shall be the same as they were in 1997/1998 except where specified below or where changed according to the provisions below. The 1998/1999 letter of agreement limiting the number of contact hours in biology shall be renewed for 2001/2002. Where a department offers multiple sections of a course and where the workload in that department is capped by [...]

LETTER OF AGREEMENT #9:  UPPER LEVEL RELEASE The parties agree to the following interpretation of Article 10.11.1 (a): In order to be eligible for Upper Level release, the FTE instructional appointment of the instructor must be 1.00 for the academic year.   The actual workload assignment, which may include paid release sections for a variety of purposes (including but not limited to the cases of governance committee release, scholarly release, chair/coordinator release, release for [...]

LETTER OF AGREEMENT #10: MBA LOU This Letter applies to the Vancouver Island University MBA degree and the University of Hertfordshire (UH) MSc-IB. The program is a dual degree program. In this Letter, any reference to “degree” shall mean the MBA. It is recognized that there are three semesters in the MBA degree and each faculty member in the degree will: Teach a minimum of one MBA section; Supervise up to eight students [...]