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Collective Agreement Between The University of British Columbia and The Faculty Association of The University of British Columbia, July 1, 2014 to June 30, 2016

The Collective Agreement (PDF) between UBC and the UBC Faculty Association has been ratified, by both the UBC Board of Governors and the UBC faculty. All changes are effective on the date of the Arbitration Award (March 31, 2016) unless otherwise noted. The new Agreement has a two-year term and expires on June 30, 2016.


Part 1: Framework for Collective Bargaining
July 1, 2014 – June 30, 2016

The UNIVERSITY OF BRITISH COLUMBIA and the FACULTY ASSOCIATION OF THE UNIVERSITY OF BRITISH COLUMBIA

DESIRING to promote fair and proper economic conditions and terms of appointment for Faculty Members, Librarians, and Program Directors at The University of British Columbia;

RECOGNIZING that the University is a community of scholars whose essential functions are the pursuit and dissemination of knowledge and understanding through research and teaching and that academic freedom is essential to carrying out these functions;

BEING DETERMINED not to interfere with that academic freedom;

CONFIRM THAT the members of the University enjoy certain rights and privileges essential to the fulfilment of its primary functions: instruction and the pursuit of knowledge. Central among these rights is the freedom, within the law, to pursue what seems to them as fruitful avenues of inquiry, to teach and to learn unhindered by external or non-academic constraints, to engage in full and unrestricted consideration of any opinion. This freedom extends not only to the regular members of the University but to all who are invited to participate in its forum. Suppression of this freedom, whether by institutions of the state, the officers of the University or the actions of private individuals, would prevent the University from carrying out its primary functions. All members of the University must recognize this fundamental principle and must share responsibility for supporting, safeguarding and preserving this central freedom. Behaviour which obstructs free and full discussion, not only of ideas which are safe and accepted but of those which may be unpopular or even abhorrent, vitally threatens the integrity of the University’s forum. Such behaviour cannot be tolerated;

AND HAVE AGREED AS FOLLOWS:

Article 1. Interpretation

Part A - Association Recognition Rights

Article 2. Bargaining Unit

[1] See also Letter of Understanding 1 Re Exclusion of New Position(s) from Faculty Bargaining Unit

Article 3. Bargaining Agent

The University recognizes the Association as the sole collective bargaining agent for all members of the bargaining unit. Further, it is recognized by the Parties that the ratification of the document (letter dated November 10, 1999, from Vice President Academic and Provost to the President of the Association) by the Parties had the effect of voluntarily recognizing the Faculty Association under the Labour Relations Code.

Article 4. No Discrimination

Article 5. Recognition of Representatives

The University shall recognize the President of the Association and members of the Executive, or persons designated by the Executive, for the purpose of relations between the University and the Association arising out of this Agreement.

Article 6. Check-Off of Association Dues and Membership Information

Article 7. Personnel Files

Part B – Collective Bargaining

Article 8. Duty to Bargain in Good Faith

Article 9. Procedures for Collective Bargaining

Article 10. Request for Funds

Article 11. Arbitration (Interest)

Article 12. Prohibition of Strikes and Lockouts

Part C – Rights and Practices

Article 13. Notification of Workload

Article 14. Non-Interference with Rights under Agreement

Article 15. Allocation of Discretionary Funds

Article 16. Preservation of the Traditional Role of the Association

Article 17. Preservation of Past Rights and Practices

Article 18. Liability Insurance

Article 19. Retirement

Part D – Grievances and Settlement of Disputes

Article 20. Grievance and Arbitration Procedures

Part E - Final Clauses

Article 21. Extension of Time Limits

Article 22. Ratification of the Collective Agreement

Article 23. Entry Into Force

Article 24. Copies of the Agreement

Article 25. Duration of this Agreement

Article 26. Amendments

Dated and effective in accordance with the decision of Colin Taylor, Q.C., Michael Conlon, and Judith Osborne, Interest Arbitration Panel, March 31, 2016.


Appendix A – Exclusions from the Bargaining Unit

The President of the University
The Vice Presidents of the University
The Deputy Vice Chancellor and Principal
The Provosts
Associate Vice Presidents of the University
Senior Advisors to the President
Deans and Principals of Faculties or equivalent units
Vice Dean of the Faculty of Medicine and equivalent positions
Associate Deans, Associate Principals and equivalent positions
The University Librarian
Deputy University Librarian
Associate University Librarian
Faculty members holding visiting appointments

Faculty members, including Deputy University Librarians and Associate University Librarians, excluded from the bargaining unit to serve as academic administrators shall enter or re-enter the bargaining unit as full-time members at the end of their administrative term. They will not lose any previously accrued rights and privileges and their employment in the bargaining unit is deemed to be continuous. An academic administrator appointed to the University’s negotiating committee for collective bargaining whose administrative appointment terminates during a round of bargaining, may, if the University desires, remain on the University’s bargaining team, and thus on Appendix A, until the end of round of bargaining.

*See also Letter of Understanding 1 Re Exclusion of New Position(s) from Faculty Bargaining Unit

LETTER OF UNDERSTANDING #1 RE: Exclusion of New Position(s) from Faculty Bargaining Unit

Pursuant to Article 2 of Part 1: Framework for Collective Bargaining, the Parties agree the Office of Faculty Relations of the University will endeavour to provide the Faculty Association with timely notice where the University intends to create a new position that it proposes will be excluded from the Bargaining Unit represented by the Faculty Association. As part of this notification, the Office of Faculty Relations will provide the job description for the position and, if applicable, the name of the faculty member who will fill the position. The Faculty Association will provide a timely response to the University regarding the proposed exclusion. The Parties will meet to discuss the proposed exclusion at the request of either Party.

After reaching agreement about a proposed new excluded position, the Parties will add that position to Appendix A of Part 1: Framework for Collective Bargaining. In the event there is no agreement on the exclusion, the University reserves its right to exclude the position and the Parties are at liberty to seek resolution using the appropriate legal channels.

Signed this day the 6th of July 2010.

LETTER OF UNDERSTANDING #2 Re: Retirement Options

1. Processes to Support Retirement

2. Retirement Options: Phased-in retirement Appointment, Part-time Appointment or Reduced-Scope Appointment