Collective Agreement


Memorandum of Understanding
on Faculty Participation

The Employer and the Union both recognize the importance of student enrolment and fundraising initiatives on the financial stability of the University.

As part of their service to the University, Faculty participation in initiatives related to student recruitment and retention and in alternative revenue generation (such as fundraising) is of paramount importance.

The Employer and the Union agree to establish a joint committee within 3 months of signing this agreement to examine how best to develop and implement a plan for faculty involvement.

The committee shall report to the Employer and the Union within 12 months of the creation of the committee.



Memorandum of Understanding on Strategies for the Recruitment and Retention of Faculty

The parties agree to establish a Joint Employer-Union Committee within 60 calendar days of the signing of this agreement to formulate strategies beyond the provisions of this collective agreement, in relation to optimizing Saint Mary’s position in relation to recruiting and retaining full time Faculty. The formulation process is intended to engage Full-Time Faculty and the Employer in the shared role of maintaining and enhancing Saint Mary’s as a University of choice for Faculty.

The Committee shall be comprised of three members appointed by the Employer and three appointed by the Union. The Committee will review practices of other Canadian Universities such as providing assistance and support in finding employment for the spouses/partners of recently hired Employees and accessing health care providers and will consult with Saint Mary’s Deans, Chairs, Program Coordinators, Faculty, and Administrative Officers regarding strategies appropriate for implementation at Saint Mary’s University.

The Committee will provide a written report to the Academic Vice-president and the Union within one year of the signing of this agreement.



Memorandum of Understanding Lecturer Stream

The Employer and the Union agree to establish a Joint Employer-Union Committee within 120 calendar days of the signing of this Agreement to review and make recommendations on the Lecturer Stream (LS) at Saint Mary’s University.

The Committee shall be comprised of three members appointed by the Employer one of whom will serve as Chair and three appointed by the Union. The Committee will review and make recommendations in relation to Article 10.1.26 Lecturer Stream (LS) of the 2009-12 Collective Agreement, specifically Clauses 10.1.26 - 6, 9, 10, 12, and 13.

The Committee will provide a written report to the Vice President, Academic and Research, and the President of the Union before the expiration of this Agreement.



Schedule “A1” - Faculty Salary Scales

 




Schedule “A2” - Professional Librarian Salary Scales







Schedule “A3” – Lecturer Stream Salary Scales

Salary Scale 1:  September 1, 2012

 

 

LECTURER I (LS)

LECTURER II (LS)

 

 

 

 

1

 

$57,444

$70,952

2

 

$60,426

$73,064

3

 

$63,581

$75,547

4

 

$65,581

$78,040

5

 

$68,074

$80,537

6

 

$70,567

$83,034

7

 

$73,060

$85,527

8

 

 

$88,020

Salary Scale 2:  September 1, 2013

 

 

LECTURER I (LS)

LECTURER II (LS)

 

 

 

 

1

 

$58,449

$71,827

2

 

$61,484

$74,342

3

 

$64,163

$76,869

4

 

$66,729

$79,406

5

 

$69,265

$81,947

6

 

$71,802

$84,487

7

 

$74,338

$87,024

8

 

 

$89,560

Salary Scale 3:  September 1, 2014

 

 

LECTURER I (LS)

LECTURER II (LS)

 

 

 

 

1

 

$59,618

$73,264

2

 

$62,713

$75,829

3

 

$65,446

$78,407

4

 

$68,063

$80,994

5

 

$70,650

$83,585

6

 

$73,238

$86,177

7

 

$75,825

$88,764

8

 

 

$91,351



Schedule “B” - Grievance Form

GRIEVOR’S NAME:  ________________________________________________


DEPARTMENT:  _______________________     Phone Number:  ______________


HOME ADDRESS:  ____________________     Phone Number:  _______________


1.         Nature of Grievance:

 

 

2.         Section(s) of Collective Agreement Involved:

 

 

3.         Facts of the Case:  (Attach separate page, if necessary)

 

 

4.         Remedy Sought:

 

 

Signature of Grievor:                                         Date:

 

_________________________________                  ___________________________


Schedule “C” - Reduced Duties Status

Application and Conditions for Reduced Duties Status


Reduced Duties Status (RDS) is an arrangement in which an Employee, at his or her request, and subject to the Employer’s approval, carries a reduction in duties for a specified period of time.

RDS shall normally constitute the same proportional reduction in each of the components of the Employee's duties as specified in Article 8.4 or 15.0 as appropriate, except where the Employee and the University agree to a variation. It may constitute a reduction throughout the academic year or a release from duties for a portion of the academic year or any combination thereof. It shall normally not involve a reduction of more than two-thirds of normal duties or a release from all duties for more than two-thirds of the academic year. The Reduced Duties Status shall normally be available only to Employees who are (a) at least 62 years of age and applying for Phased Retirement, or (b) applying for Reduced Duties Status where special circumstances exist.

Except for employees on RDS under (b) above, once RDS begins it is irrevocable and it shall continue for three (3) consecutive years after which the Employee shall retire on August 31st of the third year.  The RDS will end should the Employee leave the employ of the University before the expiry of the three year period. Employees on RDS under (b) above shall remain on RDS for the period of time that has been mutually agreed upon by them and the Employer, but in no event to exceed eighteen (18) months. RDS shall normally begin on any July 1 or January 1. Applications for this leave under (a) must be received twelve (12) months prior to the starting date. Application for RDS under (b) shall take place as circumstances arise and end on any June 30 or December 31.

An Employee initiates the application for RDS in writing to the Vice-President Academic and Research by requesting a change from full-time to RDS. A copy of the application will be sent by the Vice-President, Academic and Research, to the Union and to the Employee’s Dean or University Librarian, as appropriate, upon receipt. The application for RDS shall be dealt with within 30 days of application.

The application should include proposals for:

    (a)        the period of time for the RDS;
    (b)        a detailed plan of the nature of the reduction; and
    (c)        any other conditions the applicant deems relevant.

The Employee granted RDS status under (a) shall be replaced by a faculty member holding an appointment under Article 10.1.10(a) or 10.1.10(b) or 10.1.10 (g), in accordance with 10.1.26 2., where the Employee holds a Lecturer Stream appointment, or by a Professional Librarian holding an appointment under Article 10.2.60. Employees shall not normally be denied RDS unless the cost of the replacement exceeds the cost savings of the RDS and/or the granting of the RDS would result in the operational requirements of the unit not being met.

The Employer shall negotiate the terms of RDS with an Employee; the Employee is entitled to have a representative of the Union attend the negotiating sessions.

No RDS arrangement shall take effect unless and until the Employee and the Employer agree in writing to all the terms and conditions of the RDS. When a RDS arrangement is negotiated, the duration of the agreement must be specified. When the agreement has been signed, the University shall send a copy of the agreement to the Union.

Rights of Employees with Reduced Duties Status
An Employee with RDS has all the rights under this Agreement of an Employee who is not on RDS, except as specifically excluded in the Reduced Duties Agreement. RDS shall not change the Member's rights to security of employment. Time spent on RDS shall be counted as the proportion of the reduced duties as a period of service for Sabbatical Leave or Research or Professional Development Leave credit.

Before an Employee moves to RDS, the Employee’s academic unit shall submit its recommendation on the RDS application to the Dean or University Librarian, as appropriate. The Academic unit shall include, along with its recommendation, its plan for covering the duties that will be reduced. The Dean or University Librarian shall include the Department’s recommendation with his/her recommendation to the Vice-President, Academic and Research who shall take the said recommendations into account before making a decision. The AVP’s decision shall be communicated in writing with reasons to the Employee and the Department.

Salary and Benefits
During a RDS arrangement, the Employee’s Reference Salary; i.e. the salary the Employee would normally receive without any reduction of duties, shall be subject to all salary adjustments which would be applicable to that Employee’s salary had the Employee not received any reduction in duties. During the negotiated period of service under the RDS, the actual salary received by the Member shall be in proportion to the reduced duties based on the Reference Salary.

Employee granted RDS under (a) is entitled to full benefits, as applicable, related to his or her reference salary. Participation in benefit plans shall be on the same basis, i.e. mandatory or voluntary, as that for employees without reduced duties. The Employer shall continue to pay its portion of the premiums for the Employee’s benefits. Pension contributions will be based on the reduced salary and the Employer shall make its contributions on the same basis in accordance with the Income Tax Act.  The Employee’s contributions and eligibility to health and dental, life insurance, LTD, and EAP plans shall be according to premiums established by the SMUFU Health and Benefit Trust. Union dues shall be based on the Employee’s actual salary.

An Employee granted RDS under (b) will be eligible for all benefits available to Employees without RDS.  Participation in benefit plans shall be on the same basis, i.e. mandatory or voluntary, as that for employees without reduced duties.  Benefit premiums, pension contributions, and Union dues will be based on the reduced salary. The Employee’s contributions and eligibility to health and dental, life insurance, LTD, and EAP plans shall be according to premiums established by the SMUFU Health and Benefit Trust.

While on RDS under (a) or (b), the Employee’s Professional Development Expense Reimbursements under Article 16.7 shall be prorated on the basis of the Employee’s reduced salary.  There shall be no reduction in the allocation of travel funds to the Employee.

The parties, the University and the Union, acknowledge that nothing in Schedule C constitutes discrimination on the basis of age.



Schedule D – Faculty/Librarian Early Retirement Incentive Plan (ERIP)

    - open to Faculty members/Professional Librarians at Saint Mary's University
    - length of service with SMU in the bargaining unit - minimum 20 years
    - age - minimum 55 years of age
    - For the purposes of this Schedule, Normal Retirement Date (NRD) means the thirty-first (31st) day of August coincident with or next following the date on which the Employee attains age sixty-five (65).

  • Maximum term for early retirement period – from ERD until August 31 after 65th birthday
  • Calculation of the retirement incentive
  • The retirement incentive is payable through a series of bridging payments from the bi-weekly payroll system, beginning at the ERD and ending at the NRD
  • Application deadline is April 1 of any given year, with ERIP contract signing April 1 of the following year (to provide sufficient notice), and early retirement beginning three months later on June 30 (contract signing and ERD have to fall in same fiscal year to avoid an accrual requirement with no related salary savings)
  • For one year following the ERD, the method and timing of the replacement shall be at the discretion of the University
  • Tuition waiver benefits per the Faculty Collective Agreement
  • SMU Fit-benefit – 50% discount for faculty, 25% discount for spouse
  • Library benefits per the Faculty Collective Agreement
  • Maintain eligibility for research grants and travel expenses to the extent authorized by the Dean or other agencies
  • Employees who receive the ERIP shall not be eligible to participate in the Saint Mary’s University's pension plan as of the retirement date. Employees who receive the ERIP shall not be eligible to participate in the Saint Mary’s University's group life program, extended health care program, employee assistance program, and long term disability insurance program. Participation and eligibility in the group life program, extended health care program, employee assistance program, and the long-term disability insurance program is at the discretion of the SMUFU Health and Wellness Benefit Trust.
  • The program is entirely voluntary for both parties, the University and the Employee, and is subject to budgetary constraints
  • Employee must, in writing, request access to the retirement incentive program. The request must be made to the Vice-President, Academic and Research at least one year in advance of the ERD.
  • Employee will be required to sign an agreement to voluntarily accept early retirement and waive right to claim or action
  • Employee will no longer be eligible for the long term disability insurance program at the ERD
  • Employee will no longer be a member of the SMU pension plan at the ERD
  • Employee will cease to be a full-time Faculty member/Professional Librarian at SMU at the ERD
  • The Collective Agreement requires that the University provide to the Faculty Union a copy of the ERIP agreement 10 days prior to signing
  • In the event of the employee's death during the early retirement period, the bridging payments will continue to be paid to the estate of the employee until the NRD.

    The parties, the University and the Union, acknowledge that nothing in Schedule D constitutes discrimination on the basis of age.

 

 



Schedule E – Faculty/Librarian Retirement Incentive

1.