August 2004 FACULTY ASSOCIATION CONTRACT NEGOTIATIONS 2004-2008 Summary of Changes to the Collective Agreement Note to WUFA members: While every effort has been made to insure the accuracy of this summary, members are advised to read the actual language of the tentative agreement posted on WUFA’s website. In preparing the draft copy of the tentative Collective Agreement, every effort has been made to put new or changed language into highlighted lettering. A paper copy of the tentative Collective Agreement is available for viewing at the WUFA office, 366 Sunset Avenue. SUMMARY Non-Monetary: 1. 2. 3. 4. 5. Ancillary Academic Staff now include ‘Learning Specialists” who support teaching and learning and when qualified, teach. [Definitions] When a faculty member assumes extra teaching duties of less than half of scheduled contact hours of a course, the member shall be paid a prorated stipend, based on Article N, for the total portion of the course taught. When the extra teaching duties exceed half of the scheduled contact hours of the course, the faculty member can be compensated by a course remission from future teaching duties or by payment of a stipend, at the option of the member. [5:07(h)] Before teaching assignments are decided, the Head or Dean must now consider, amongst other items: new course preparation and development of materials; the faculty member’s engagement in activities that disseminate knowledge to the general public on behalf of the University; the faculty member’s voluntary engagement in student recruitment; the faculty member’s voluntary engagement in fundraising; and continuing professional education as required for ongoing licensure. [5:08] Sessional Instructors may request a long distance access code from her/his AAU Head in order to conduct University business [8:01(b)]; the University will endeavour to place Sessional postings on the website [54:07(a)], Sessional Instructors can apply for teaching Assistants [54:16 (d)], can participate in University professional development courses during the semester they teach [54:16 (c)], and can use University Athletic facilities with the exception of the new Student Athletic Facility [44:01]. Also, the Administration did not agree that Sessional Instructors were eligible for Professional Development and Membership Dues Reimbursement, despite the fact that the referenced article existed in preceding Collective Agreements [previous 54:16(a), Article I]. In order to achieve preferred status, Sessional instructors will now have to apply to the AAU Renewal Promotion and Tenure Committee for a review of performance [54:06 (b) i, ii, iii]. Sessional Courses that are cancelled from one to 3 months prior to commencement of the course shall have a prorated payment awarded to the sessional member as follows: Greater than 3 months 0%, 1 month to 3 months 15%, Less than 1 month 20%, and After start of Course 25% [54:12 (b)]. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Those members holding Canada Research Chairs, upon satisfactory external review at the time the appointment ceases, shall have their normal salary composed of their Chair stipend and current normal salary [12:10(f)]. Faculty members applying for tenure must now be employed at the University for a minimum of 2 years prior to application [12:05(b)]. As in the past, those who bear the title University Professor may request a reduction of one semester course per year (from their normal teaching load). Formerly, the request went to the President of the University. Now the request is made to the Dean, and it is not automatically granted [formerly 5:10(e), now deleted from contract]. Permanent redeployment of faculty or librarian members must take into account the member's field of expertise, the requirements of the AAU or Library or area receiving the member, the preference of the member, the requirements of the home AAU or Library and the priorities of the University[14:30]. While on sabbatical, a member may accept scholarships or travel funds from granting agencies and, with prior written approval, accept a salaried position or be engaged in other outside activity to increase his/her income provided the approved sabbatical plan can be completed [17:08(f)]. Study Leave – Librarian members will now be compensated at 80% of their salary (from 75%) during study leave. They may also apply for a maximum of 10% of their salary towards study leave expenses (from 15%). The same terms apply to AAS and Sessional Lecturer members [23]. The University shall ensure that the employment equity procedures recommended by the Review Committee on Employment Equity (RCEE) shall be followed in all AAUs and Libraries [30]. Any faculty member or Professional Librarian retired from the University shall have the same library privileges, access to and technical support for email, use of University Athletic Facilities, excluding the student sponsored fitness facility, as members [48]. The normal requirement of advertising a position may be waived in exceptional circumstances where timely action is essential. Such waiver may be approved by the Provost upon the recommendation of the appropriate AAU Appointments Committee and the Dean and in such case the Provost shall inform the Faculty Association. (Previously, Faculty Association approval was required.) When the AAU Appointments Committee is unable to achieve a quorum, the Provost may approve the waiver upon the recommendation of the Dean in consultation with the Head, and with the agreement of the Faculty Association [30:06(b)]. Limited Term Appointments can now be 9, 10, or 11 month periods, along with the traditional 1 – 3 year appointments. With a consecutive appointment the member can choose a 9, 10, 11 or 12 month appointment. LTAs can be assigned more than the average workload in an AAU. [Letter IV] WUFA may now elect to proceed to mediation before proceeding to arbitration with a grievance. The former allows discussion and possible settlement of the issue with a neutral party presiding and excludes lawyers from attendance [Letter 1]. A Memorandum of Agreement that, should legislation change, the parties will commence discussion on amending the terms of the Collective Agreement concerning the abolishment of mandatory retirement. Medical disability shall not be cause for dismissal unless members who have initially refused an appropriate offer of accommodation and thereafter unreasonably refused medical attention can be dismissed [29]. Programme Chairs have been moved from Article 31 into Letter VI. WUFA’s proposals on Voluntary Early Retirement (VER) were not supported by Administration. 21. 22. As per WUFA’s original proposals, the annual performance reward fund ($100 per member in each AAU) has been discontinued. For those who are attempting to beat the high cost of gasoline, the University shall provide facilities for the parking of bicycles [8:01(d)ii]. Monetary: 1. Scale increases over four years of 3%, 3%, 3%, and 4.5% [Article A] 2. Increases in salary minima: rank / date Lecturer / Lib. I / AAS I Assistant / Lib. II / AAS II Associate / Lib. III / AAS III Table A.1: Salary Ranges (Minima and Maxima) 2004-2005 2005-2006 2006-2007 2007-2008 $41,789 — $71,042 $43,043 — $73,173 $44,334 — $75,368 $46,329 — $78,760 $50,787 — $86,338 $52,311 — $88,928 $53,880 — $91,596 $56,305 — $95,718 $63,647 — $108,200 $65,556 — $111,446 $67,523 — $114,789 $70,561 — $119,954 Professor / Lib. IV / AAS IV $81,006 — $83,437 — $85,940 — $89,807 — 3. Windsor Salary Standard will be applied in 2006 and 2008 [P]. 4. Progress through the ranks increases over four years of $1850, $2050, $2100, and $2200 [A.2(d)]. A Professor, Librarian IV, or AAS IV, who receives two (2) consecutive unsatisfactory performance reviews under clause 5:32, which shall be applied to AAS IV members mutatis mutandis, shall not be eligible to receive the PTR increment in the year following the second consecutive unsatisfactory review [A.1(a)]. 5. Salary increase of $1500 upon promotion of rank [A.1(f)]. 6. Increase to stipends paid to Department Heads as follows: AAU with 1 to 24 full time faculty $5,000; AAU with more than 24 and less than 35 full-time faculty $6,000; 35 or more full time faculty $7,000 [31:03]. Increases to Library Department/Section Head stipends are as follows: 1 to 15 people $5,000; 16 to 24 people $6,000; and 25 or more people $7,000 [31:05]. 7. Increases in dental coverage (80% restorative from 50%), speech therapy (increased to $800 from $400), visits to clinical psychologists increased from 10 to 15, new audio and hearing aid coverage up to $1,500 every 5 years and hearing tests to a maximum of $75 every 5 years. With new legislation, vision tests and chiropractic coverage were affected. In the most recent negotiations, WUFA has maintained coverage of vision examinations ($75 once every 2 years), and chiropractic coverage up to $450 from $300 [F.3]. 8. Establishment of a Health Care Spending Account ($20,000 per year over life of the Agreement) for the benefit of Sessional instructors not employed in a full time capacity outside of the bargaining unit who have no coverage through an alternate health insurance plan and who have taught at least four courses in the previous teaching year [F.4]. 9. $100,000 anomalies fund to be distributed in 2006 taking into account anomalies based on gender, year of hire, salary inversions, anomalies within disciplines and any other anomalies that may be defined [C.1]. 10. Increase to Group Life Insurance and Accidental Death and Dismemberment to three times a member’s normal salary to maximum to $350,000 (formerly $200,000) [H]. 11. Increase to the Travel and Professional Development fund to $1400 a year for Faculty and Librarians, $700 for Sessional Lecturers, and $933 for AAS members. Per diem increases of $66, $67, $69 & $70 respectively each year of the four year contract [I] 12. Car allowance increase to .38 cents per kilometer. [K] 13. Increase to Overload Stipends over four years of $3500, $3600, $3700, and $3800 [N]. 14. Increases to moving and storage allowances depending on distances involved. [M]. 15. Increase to Sessional Instructor Rates over four years of $4400, $4600, $4800, and $5000. Increases to Sessional hourly rates for Partial Courses, Clinical Courses and Special Instructors in Music [R]. 16. The establishment of 30 temporary Market Stipends, the amount of which will not exceed 10% of a member’s salary or $10,000 [J]. 17. The establishment of a President’s Fund for the purposes of retention, creation of permanent increase that may be granted to up to eight individual members per year by an amount of 10% of a member’s salary or $10,000 [T]. 18. Executive Education Programs – certain terms of the Collective Agreement were applied to those teaching Executive Education Programs. The University will pay a levy of 4% of the total gross stipends or fees paid to the instructors in the program. This levy will be directed to the ‘Trust Fund for Retired Members.’ [Letter VIII] 19. Memorandum of Agreement – Funding Excess - Subject to statutory requirements, the University shall have the right to use any funding excess in the pension surplus to set off the total sum of any additional contributions it was required to make at any time following the next valuation of the pension fund in order to cover any funding deficit in the plan, less any amounts previously repaid. If there is a funding excess and if there is no set off cost or if there is a funding excess remaining after the payment of set off costs, the parties reserve the right to negotiate the terms and conditions that shall govern the disbursement of the funding excess of the University of Windsor Retirement Plan for Faculty and Certain Employees as determined by the Plan's Actuary. SIDE LETTERS 1. Child Care Facilities – Feasibility Study – WUFA’s proposal for child care subsidy was not accepted by Administration. However, it was agreed that by December 31, 2005 the University shall form a planning committee involving members of interested groups on campus to explore the feasibility of developing a child care facility on or near campus. 2. Trust Fund for Retired Members – Monies directed to the “Trust Fund for Retirement Members” established in the last collective agreement to help defray health benefit costs of current and future retirees ($350,000 + full GST rebates over life of agreement - July 1, 2004: $50,000; July 1, 2005: $75,000; July 1, 2006: $100,000 and July 1, 2007: $125,000. The Trust Fund Trustees will devise a health care plan and determine the percentage of premiums that can, on an ongoing basis, be paid on behalf of each retiree who joins this health care plan. 3. University of Windsor – Georgian College of Applied Arts and Technology Collaborative Education Program – 1. The parties agree that the Collaborative Education Program in Automotive Engineering involving the University of Windsor and the Georgian College of Applied Arts and Technology is valuable to all members of the University. To the extent that the collaborative education arrangement involves the engagement of faculty members from the Georgian College of Applied Arts and Technology to teach University of Windsor courses, the parties agree that the terms of the “Collective Agreement between the Faculty Association and the Board of Governors of the University,” dated July 1, 2004, shall not apply. 2. The University is committed to the appointment, as soon as is feasible, of members of the bargaining unit to teach University of Windsor credit courses at the Georgian College of Applied Arts and Technology in accordance with the provisions of Article 12 and Article 54 of the Collective Agreement. The University agrees that by the start of the 2009 academic year at least 75% of the courses in this program will be taught by instructors appointed in accordance with the provisions of Article 12 and Article 54 of the Collective Agreement. 3. The University shall pay to the direction of the Association a levy for each University of Windsor course in this program taught at Georgian by Georgian faculty. The levy shall be equal to four percent (4%) of the difference between the average salary of the faculty members in the Faculty of Engineering at the University of Windsor and the average salary of those Georgian faculty members teaching University of Windsor courses in this program.