I.1 Definitions
"Agreement" means this Collective Agreement between the Association and the Board.
"Association" means the Trent University Faculty Association.
"Bargaining Unit" means the unit defined in the decision of the Ontario Labour Relations Board in Certificate Number 1594-79-R, dated December 18, 1979, and as amended on June 6, 1980.
"Board" means the Board of Governors of Trent University as provided for in the Trent University Act, 1962-63.
"COAP" means the Committee on Academic Personnel as constituted by Senate.
"Dean" means the Dean of the Faculty of Arts and Science or the chief academic administrative officer of any other faculty as may be duly constituted by the Board.
"Department" means the Departments of Ancient History and Classics, Anthropology, Biology, Chemistry, Economics, English Literature, Geography, History, Mathematics, Modern Languages and Literatures, Native Studies, Philosophy, Physics, Political Studies, Psychology and Sociology, and any additional departments as may be duly constituted by the Board.
"Program" means the Programs in Business Administration, Canadian Studies, Computer Science/Studies, Cultural Studies, Environmental and Resource Studies, International Development Studies, Nursing, Women's Studies, the School of Education, and any additional programs as may be duly constituted by the Board.
"Joint Committee" means the Joint Committee on the Administration of the Agreement.
"Member" means a member of the bargaining unit.
"Nominal salary" of a member means the salary corresponding in any given year to a full-time appointment at the member's rank and step, as set out for that year in Schedule A.
"Parties" means the Association and the Board as defined above.
"President" means the President and Vice-Chancellor of the University as appointed by the Board.
"Regular academic session" means the Fall/Winter terms on the Peterborough campus of the University.
"Senate" means the Senate of the University as provided for in the Trent University Act, 1962-63.
"Spouse", for the purposes of this Agreement, includes same sex spouse, subject to the same cohabitation/permanency requirement as is applied by the group benefits carrier in relation to common law spousal relationships. The definition does not apply where such entitlement is not permitted by statute or regulation. The parties agree that in the event that the Income Tax Act (Canada) is amended to permit registered pension plans to provide survivor pensions to the same sex spouses of members, the Contributory Pension Plan for Permanent Employees of Trent University shall be amended at that time, if required, to ensure that such benefits can be provided thereunder.
"University Librarian" means the chief administrative officer of the Library as appointed by the Board, regardless of the title given to such an officer.
Note: Any reference in the singular shall include the plural reference where the context so requires. This definition shall be deemed to apply in all necessary grammatical forms and uses.
The parties agree that the ideals and goals of Trent University are the advancement of learning, the dissemination of knowledge, and the intellectual, social, moral, and, as appropriate, physical development of the members of the University community and of society. They agree that in conducting their affairs and in their relations with each other they shall ensure the primacy of the University's academic goals. They accept a joint responsibility to secure these ideals and goals by promoting freedom, responsibility and mutual respect in the life of the University community.
The purpose of this Agreement is to promote and maintain harmonious relations between the parties in accordance with the ideals and goals of Article I.2.1, and to provide means acceptable to both parties for the orderly settlement of such differences as may from time to time arise between them.
The common good of society depends upon the search for knowledge and its free exposition. Academic freedom in universities is essential to both these purposes in the teaching function of the university as well as in its scholarship and research. Academic staff shall not be hindered or impeded in any way by the University or the Association from exercising their legal rights as citizens, nor shall they suffer any penalties because of their exercise of such legal rights. The parties agree that they will not infringe or abridge the academic freedom of any member of the academic community. Members of the academic community are entitled, regardless of prescribed doctrine, to freedom in carrying out research and in publishing the results thereof, freedom of teaching and of discussion, freedom to criticize the University and the Association, and freedom from institutional censorship. Academic freedom does not require neutrality on the part of the individual. Rather, academic freedom makes commitment possible. Academic freedom carries with it the duty to use that freedom in a manner consistent with the scholarly obligation to base research and teaching on an honest search for knowledge. The claim of academic freedom shall not excuse members from meeting the duties and responsibilities set forth in IV.1.1 (i) and IV.1.2 i) of this Agreement, provided that the allocation of such duties and responsibilities in accordance with IV.2.1 and IV.2.2 shall not conflict with principles of academic freedom.
I.2.4.1 The parties agree that there shall be no discrimination, interference, restriction or coercion exercised or practised by either of them with respect to any member in regard to any matter including salaries, rank, appointment, promotion, tenure, permanency, re-appointment, dismissal, sabbatical leave, fringe benefits, or any other terms and conditions of employment by reason of age (except as required by statute or the retirement provisions of the Trent University Pension Plan), race, language (except where the lack of language competence would clearly prevent the carrying out of the required duties), creed, colour, ancestry, ethnic origin, place of origin (birth place), citizenship, political or religious affiliation or belief, sex, pregnancy, sexual orientation, marital status, family status, number of dependents, clerical or lay status, handicap (except where the handicap would clearly prevent the carrying out of the required duties), place of residence (except where place of residence at such distance from the University significantly restricts members from carrying out their duties and responsibilities), or membership or activity in the Association or other legal associations.
I.2.4.2 Measures implemented by the parties under the Collective Agreement, in relation to the University's Employment Equity program, are not intended by the parties to be discriminatory within the meaning of I.2.4 or under the relevant provisions of the Ontario Human Rights Code. Where necessary and as appropriate, in relation to such measures, the parties will work together to achieve "Special Program" status under the Ontario Human Rights Code.
I.2.4.3 The parties agree that harassment, and discrimination falling under the jurisdiction of the "Policy on Discrimination and Harassment", shall be subject to the provisions of Appendix E.
Nothing in this Article or in Appendix E is intended to inhibit consensual social relationships, freedom of expression or academic freedom of any member.
Nothing in this Article or in Appendix E is intended to limit the authority of those individuals charged with supervising others, counselling others, informally resolving complaints or conducting job performance appraisals.
Nothing in this Article or in Appendix E is intended to restrict or inhibit a member's right to file a complaint with the Ontario Human Rights Commission.
Nothing in this Article or in Appendix E is intended to restrict the role of the Association or its representatives in responding to the concerns of members.
Nothing in this Article or in Appendix E is intended to limit access to the grievance and arbitration process under the Collective Agreement in connection with discrimination, interference, restriction, or coercion under I.2.4.1.
Nothing in this Article or in Appendix E is intended to restrict the action(s) of the University in responding to substantiated instances of harassment or discrimination.
I.2.4.4 Where a member applying for assistance or making a complaint under Appendix E is in contact with the subject of the application or the respondent by virtue of teaching, employment or other institutional relationships, and where such a member has reasonable grounds to believe that there is a threat to his/her physical health, safety or security, the member may, upon notification to the Dean/University Librarian, discontinue such contact with the subject of the application or the respondent pending the disposition of the matter under Appendix E or the institution of other appropriate arrangements. In the event that such discontinuance of contact significantly reduces the workload either of the said member or of a member who is the subject of the application or the respondent, the Dean/University Librarian may assign other duties as deemed necessary.
I.2.4.5 When the Dean/University Librarian notifies a member that disciplinary sanctions are to be imposed on the member under section 7 of Appendix E, a copy of the written notification shall be sent at the same time to the Association.
I.2.4.6 Notwithstanding any other provisions of Chapter VI of the Collective Agreement:
(i) Any member who is a complainant or respondent adversely affected by a decision under section 7 of Appendix E may appeal the decision directly to the President within fourteen (14) days. The grounds of the available appeal are that there has been a violation, misinterpretation, improper application or faulty administration of Appendix E, and, in the case of respondent appeals only, that the sanctions imposed are excessive. Within fourteen (14) days of receiving the written appeal, the President shall render a final, written decision, and shall send a copy at the same time to the Association.
(ii) A grievance arising out of the imposition of a disciplinary sanction under Appendix E must be filed by the Association within forty-two (42) days of receipt of the written notification of disciplinary action under I.2.4.5. Such a grievance shall be referred directly to arbitration seven (7) days after the date of the grievance. These time limits may be revised by mutual agreement of the parties.
(iii) In any such grievance the arbitrator(s) shall hear all evidence de novo.
I.2.4.7 Public or official statements by officers of the University concerning an application for assistance or complaint under Appendix E shall be consistent with the substance and/or stage of said application or complaint. Such statements, including statements concerning disciplinary sanctions imposed under Appendix E, shall be made by the University only on a "need-to-know" basis. However, arbitration reports issued in consequence of actions under Appendix E constitute public documents.
I.2.4.8 If the Dean/University Librarian decides under section 7 of Appendix E not to proceed against a member who is a respondent, or if an arbitration decides in favour of such a member, the University shall remove all documentation relating to the complaint from the member's personnel files and, except for arbitration reports which shall be retained, shall at the discretion of that member destroy the documentation or transfer it to that member.
I.2.4.9 Records of disciplinary sanctions imposed on a member under Appendix E which are confined to a warning or reprimand shall be removed from the member's personnel files after a period of three (3) years during which no further records of similar or more serious disciplinary action against the member have been added to the member's files. Records of disciplinary sanctions under Appendix E, more serious than a warning or reprimand, shall be removed from the member's personnel files after a period of five (5) years during which no further records of similar or more serious disciplinary action against the member have been added to the member's files. Documents which are so removed shall be maintained in a separate file in the Dean's/University Librarian's Office, with access on a "need-to-know" basis and only in the context of personnel/employment decisions involving disciplinary action. Notice of access shall be provided to the member and to the Association.
I.2.4.10 The University shall make every reasonable effort to protect members from undue jeopardy attaching to performance of their duties. Undue jeopardy may arise from trivial, frivolous, vexatious or bad-faith allegations under Appendix E. The University and the Association shall assist a member in applying whatever legal remedies exist if harassment of the member continues after a complaint has been upheld and disciplinary action has been taken under Appendix E.
I.2.4.11 The Human Rights Advisor shall compile an annual report about applications for assistance and complaints under Appendix E. This report shall be as full as requirements of confidentiality under Appendix E permit and shall be made available to the University community.
The parties agree that no member or person acting as an officer of the University shall take part in formal discussions or votes with regard to the determination of any term or condition of employment of an individual in the member's immediate family. The parties acknowledge the need to avoid potential conflicts of interest. Members shall not, without the written authorization of the Vice-President (Administration and Finance), or designate, authorize the purchase by the University of equipment, supplies or services from a source in which they or their families have a financial, proprietary or other direct interest.
I.2.6.1 Trent University is committed to employment equity, as evidenced by its participation in the Federal Contractor's Program and approval of a policy on Employment Equity.
The parties are committed to establishing equitable opportunities for employment. The parties also agree to work together through bilateral consultation and negotiations to remove any discriminatory barriers that may exist to the employment of women, aboriginal peoples, people with disabilities, and members of racial minorities in employment areas covered by the Agreement.
I.2.6.2 For all individual faculty and professional librarian competitions for advertised positions, the Personnel Committee shall prepare a statistical report to the Dean or University Librarian (as appropriate), specifying the total number of applicants, and where the information is voluntarily disclosed by the applicants the number and percentage of those who were women, aboriginal people, people with disabilities, and members of racial minorities. The Dean's Office shall then compile these statistical reports, with copies to the Association. Departments/programs may also choose to consolidate this reporting process, by submitting one (1) annual statistical report to the Dean's (Librarian's) Office (copy to the Association). In such cases, the report shall be submitted by no later than June 30th of each year.
I.2.6.3 Where there are no female applicants for a faculty position, or where the Personnel Committee determines a short-list which does not contain at least forty (40) per cent (minimum of two (2)) female candidates, the Dean shall be immediately advised. In such cases, the Dean may require an extension of the competition deadline, additional advertising, and/or such other measures as are deemed appropriate. In addition and where possible, the Dean may require that at least one (1) female applicant be placed on the short-list.
I.2.6.4 Where male and female candidates apply for a faculty position and a male candidate is recommended for appointment, the Personnel Committee shall prepare a report to the Dean which shall set out the details of the selection process, including the number of applicants who are short-listed, and the number and percentage of those who are women. In addition, the report shall formally and specifically address the candidacy of each female applicant who has been short-listed, and shall be submitted to the Dean for review prior to any formal offer of appointment being made.
Except where modified by this Agreement, existing practices relating to terms and conditions of employment which are reasonable, certain, and known, and which were in force at the date of commencement of this Agreement or during the preceding academic year, shall continue during the term of this Agreement. The onus of establishing an existing practice within the meaning of this Article shall rest on the party or person alleging the existence of such practice. Either party may seek interpretation of existing practice relating to terms and conditions of employment by referring any such matter to the Joint Committee as established in II.6 of this Agreement. The Joint Committee shall be allowed one (1) month from the date of the request to resolve such issues. The Board may, following due notice to the Association stated in writing, amend, alter, or discontinue existing practices in a reasonable way. Reasonable grounds for altering, amending, or discontinuing existing practices shall include the need of the Board to comply with any of the articles of this Agreement.
The Association recognizes the management function of the Board as defined in section 10 of the Trent University Act, 1962-63, and recognizes the rights, powers, and responsibilities of the Board to manage the University. The Board agrees that it shall exercise these powers in accordance with the provisions of this Agreement.
I.4 Recognition of the Association
The Board recognizes the Association as the sole and exclusive bargaining agent for the members of the bargaining unit as defined by Certificate Number 1594-79-R of the Ontario Labour Relations Board dated December 18, 1979, and as amended on June 6, 1980.
The Association shall have the right at any time to call upon the assistance of representatives of the Canadian Association of University Teachers (C.A.U.T.) and the Ontario Confederation of University Faculty Associations (O.C.U.F.A.), when dealing with or negotiating with the University. Such representatives and any other duly designated representatives shall have access to the University premises at all reasonable times to consult with members, Association officers, or University officials. When such representatives deal directly with the University officials, the extent of their authority shall be clearly defined and communicated to the University officials by the Association.
I.5 Waiver or Breach of Provisions
The waiver of any provision of this Agreement or the breach of any of its provisions by either of the parties shall not constitute a precedent for any further waiver or any further breach.
I.6.1 Amendments to the Trent University Act
In the event of any proposals being presented to the Board for amendment or revision of the Trent University Act, the Board shall provide the Association with copies of such proposals and shall provide to the Association an opportunity to make representations to the Board, within sixty (60) days following receipt of such copies, prior to the Board taking any action on the proposals.
I.6.2 Expansion of the University
In the event of an expansion or extension of the University through the creation of faculties, colleges, schools, departments/programs or any other academic units or sub-units, either in Peterborough or elsewhere, the academic staff members of such units or sub-units who by virtue of the terms of their appointments would be eligible for membership in the bargaining unit shall immediately become members of the bargaining unit, and the provisions of this Agreement shall apply to them. If the expansion or extension of the University takes the form of an educational undertaking with another educational institution, the Joint Committee shall advise the Board and the Association on methods of protecting the bargaining unit and permitting the University to extend its educational services to the community.
I.7.1 Membership in the Association
No member of the bargaining unit shall be required to join the Association as a condition of employment. However, all present and all future members of the bargaining unit shall be considered members of the Association unless they withdraw from the Association in the manner specified in Article I.7.3.
I.7.2.1 The Board shall deduct once monthly from the salary of each member of the bargaining unit such monthly dues or other assessments for general Association purposes as are uniformly and regularly payable by a member of the Association authorized in accordance with the Constitution and By-Laws of the Association and as certified in writing to the Board by the Association.
I.7.2.2 The Board shall remit the amounts deducted under the terms of Article I.7.2.1 to the Association no later than fifteen (15) days after the amounts have been deducted.
I.7.3 Withdrawal from the Association
I.7.3.1 Members of the bargaining unit who affirmatively assert conscientious objection to membership in the Association may so declare in writing to the Association with a copy to the Department of Human Resources. This declaration shall express clearly and explicitly the grounds for conscientious objection, and shall as such constitute notice of withdrawal from membership in the Association.
I.7.3.2 Newly-appointed members of the bargaining unit and others entering or re-entering the bargaining unit from excluded academic administrative positions who affirmatively assert conscientious objection to membership in the Association shall so declare in writing to the Association within thirty (30) days of their appointment or return to the bargaining unit, in the manner and with the restrictions provided in Article I.7.3.1.
I.7.3.3 In the case of a member who has withdrawn from the Association under the terms of I.7.3, the Board shall within fifteen (15) days remit such amounts to the Trent University Faculty Association Bursary Fund. If, in a declaration of conscientious objection, a member has stipulated that his/her deductions be remitted to another Trent University bursary or scholarship fund, the Association shall so notify the Department of Human Resources and the deductions shall be remitted to the bursary or scholarship fund named by the member.
I.7.4.1 The Association shall provide to the Board on June 1 of each year a list of all members of the bargaining unit who have withdrawn from membership in the Association in the manner provided in Article I.7.3. The Association shall inform the Board of all new withdrawals from and returns to membership in the Association within thirty (30) days of such occurrences.
I.7.4.2 Through consultation, the Board and the Association shall establish by September 1 of each year a list of the members of the bargaining unit from whose salaries deductions will be made. The Board will thenceforth report on a monthly basis any deviation from this basic deduction list.
I.7.5 Income Tax Deductibility
The Board shall indicate the annual total of payroll deductions for the Association or the Trent University Faculty Association Bursary Fund or other Trent University bursary or scholarship funds on each member's T-4 slip.
I.8.1.1 The Board shall provide to the Association without charge the use of one (1) office, telephone services equivalent to those allowed by past practice to members (provided that the Association pays all long-distance charges), and use of the internal postal service. All additional services and facilities shall be available to the Association on the same basis as to departments/programs and at the same rates.
I.8.1.2 The Board shall provide to the Association without charge suitable meeting rooms on the University campus for the conduct of Association business, subject only to normal scheduling arrangements.
I.8.1.3 The Board agrees that officers, agents and representatives of the Association shall be permitted to conduct Association business on the campus of the University.
I.8.2 Association Activities and Career Development
A member's service to the Association shall be regarded as a share of administrative responsibilities as provided for in IV.1.1 (iii) or IV.1.2 (ii) of this Agreement.
I.8.3 Release Time for Officers
In any academic year, the Association shall be entitled to the equivalent of four (4) course releases to reduce the duties of its officers under the terms of IV.1.1 and/or IV.1.2. The reductions shall be determined by no later than May 15th of the preceding academic year and duly communicated to the Dean and/or University Librarian. The Association may purchase additional release time with the agreement of the Dean and/or University Librarian. The Dean and/or University Librarian shall not unreasonably withhold such agreement. Such course releases, with the agreement of the Dean, and such purchased release time, may, at the option of the officer, be deferred, or may be used under the provisions of III.12.3.2.
Where in the text of this Agreement reference is made to "days" they shall be interpreted as calendar days, but where reference is to "working days" they shall be interpreted as working days.
Title Index
Chapter I, II, III, IV, V, VI, VII, VIII Schedule A, AA Appendix A, B, C, D, E, F, G, H, I, J, K, L Signatures