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 A - Association Recognition Rights
PART B - Collective Bargaining
PART D - Grievances and Settlement of Disputes
Appendix A - Exclusions from the Bargaining Unit
Letter of Understanding 1 Re: Exclusion of New Positions(s) from Faculty Bargaining Unit
The University of British Columbia and the Faculty Association of The University of British Columbia have agreed on the following conditions of appointment for faculty members at The University of British Columbia.
“Faculty Member” means all persons appointed by the Board of Governors of the University of British Columbia on a full or part time basis as Instructor, Senior Instructor, Professor of Teaching, Lecturer, Acting Assistant Professor, Assistant Professor, Associate Professor, Professor or equivalent position.
“Lecturer” means a person holding an appointment without review for a term of twelve (12) months or less with responsibilities limited to teaching and related duties which may include administrative responsibilities normally undertaken by faculty members.
“Periodic review” means a review of the record of a faculty member, undertaken in accordance with the procedures of Article 5 of Part 4 Conditions of Appointment for Faculty, leading to a decision by the President whether or not to recommend to the Board of Governors that the faculty member be promoted;
“Scholarly activity” means research of quality and significance, or, in appropriate fields, distinguished, creative or professional work of a scholarly nature; and the dissemination of the results of that scholarly activity.
Tenured appointments are full-time appointments except when the University and a faculty member have agreed to change a full-time tenured appointment to a part-time tenured appointment. They cannot be terminated except in accordance with Article 10 below or for financial exigency or redundancy. Termination for financial exigency or redundancy shall be in accordance with any applicable criteria and procedures established under Article 12 below.
Appointment to this rank normally requires completion of academic qualifications, evidence of ability and commitment to teaching and promise of educational leadership. Appointments and reappointments are normally made for two years but in exceptional circumstances may be made for a lesser period. An Instructor I who is in the fifth year of appointment shall be considered for promotion to the rank of Senior Instructor and if successful shall be granted tenure in that year.
Appointment at or promotion to the rank of Senior Instructor requires evidence of excellence in teaching, demonstrated educational leadership, involvement in curriculum development and innovation, and other teaching and learning initiatives. It is expected that Senior Instructors will keep abreast of current developments in their respective disciplines, and in the field of teaching and learning. A Senior Instructor may be promoted to the rank of Professor of Teaching in the fifth or subsequent years in rank.
Appointment at or promotion to the rank of Professor of Teaching requires evidence of outstanding achievement in teaching and educational leadership, distinction in the field of teaching and learning, sustained and innovative contributions to curriculum development, course design and other initiatives that advance the University’s ability to excel in its teaching and learning mandate. Initial appointments at this rank are normally tenured appointments.
Appointment to this rank requires evidence of potential ability in teaching and research. Appointment is for a maximum of two years. Upon completion of a terminal degree, the person’s rank shall be converted to Assistant Professor. A person will not normally be reappointed as an Acting Assistant Professor. The pre-tenure period begins at the start of an appointment as Acting Assistant Professor.
Teaching includes all presentation whether through lectures, seminars and tutorials, individual and group discussion, supervision of individual students’ work, or other means by which students, whether in degree or non-degree programs sponsored by the University, derive educational benefit. An individual’s entire teaching contribution shall be assessed. Evaluation of teaching shall be based on the effectiveness rather than the popularity of the instructors, as indicated by command over subject matter, familiarity with recent developments in the field, preparedness, presentation, accessibility to students and influence on the intellectual and scholarly development of students. The methods of teaching evaluation may vary; they may include student opinion, assessment by colleagues of performance in university lectures, outside references concerning teaching at other institutions, course material and examinations, the calibre of supervised essays and theses, and other relevant considerations. When the opinion of students or of colleagues are sought, this shall be done through formal procedures. Consideration shall be given to the ability and willingness of the candidate to teach a range of subject matter and at various levels of instruction.
Judgment of scholarly activity is based mainly on the quality and significance of an individual’s contribution. Evidence of scholarly activity varies among the disciplines. Published work is, where appropriate, the primary evidence. Such evidence as distinguished architectural, artistic or engineering design, distinguished performance in the arts or professional fields, shall be considered in appropriate cases.
When assessing scholarship for career decisions, consideration will be given to different pathways to academic and scholarly excellence. Diverse substantive contributions to knowledge and methods of dissemination as recognized within the field of inquiry, are valued.
Work with professional, technical, scholarly or other organizations or with scholarly publications which falls within the definition of scholarly activity may also be considered.
This includes service performed for the benefit of Departments, Faculties, Continuing Studies, or other parts of the University (including the Faculty Association), and for professional organizations and the community at large. Such service might include administrative or supervisory work, service on committees and university bodies, all continuing education activity in the community including professional education, special work with professional, technical, scholarly or other organizations or with scholarly publications not falling within the definition of scholarly activity, membership on or service to governmental or public councils and boards, and other forms of academic, professional, and public service.
It is the responsibility of the candidate to provide the file that is to be reviewed no later than September 15, unless otherwise agreed by the Head.
The candidate or the University has the right, up to the stage of the President’s decision, to supplement the file by the addition of new, unsolicited information (such as a new set of student evaluations, the publication of an additional book or article, the receipt of a grant, a published review of the candidate’s work, etc.) or a response to particular concerns that emerge in the relevant documentation.
For purposes of clarification, in the case of promotion to Senior Instructor, letters of appraisal do not need to be from external referees.
If the Dean’s recommendation is not in accord with the recommendation of either the Head or the departmental standing committee, the Dean shall inform the Head of this fact and the reasons for it and the Head shall inform the members of the departmental standing committee.
For post-tenure promotion reviews, the following will apply:
“Cause” for the purpose of dismissal means incompetence, gross misconduct, or refusal or unjustifiable failure to carry out one’s reasonable duties. “Cause”, for the purpose of suspension or disciplinary measures is understood to be less than is required to be shown for dismissal, but no dismissal, suspension or discipline shall be sustained unless the University can show just cause;
“Disciplinary measure” means the imposition of a penalty such as a warning or formal reprimand other than termination of appointment or suspension, but does not include an oral or written comment on performance unless that comment is accompanied by a warning or reprimand, and does not include a measure taken under regulations approved by the Board of Governors or the Senate covering such matters as parking or use of the library;
“Scholarly misconduct” has the same meaning as given in University Policy Number 85: Scholarly Integrity;
“Sexual harassment” has the same meaning as given in University Policy Number 3: Discrimination and Harassment;
“Suspension” by way of discipline means the release of a faculty member from his/her duties for a specified period during which time rights and privileges as a faculty member are withdrawn and salary is reduced or discontinued, but does not include the reduction or discontinuance of the salary of a faculty member who is unable to discharge University duties for reasons such as emotional or physical incapacity or unavoidable absence from the University;
“Termination of appointment” means the release of a faculty member without his/her agreement before the term of the contract, but does not include a decision not to award an appointment with review, or a decision not to renew an appointment which has a term of twelve (12) months or less, and shall not include the ending of an appointment for financial exigency or redundancy; and
“Temporary suspension” means a suspension imposed by the President pending the outcome of an investigation into allegations against a faculty member.
When the University requires Faculty Association members to attend a meeting where it is known in advance by the University that it may result in discipline, the University shall inform the faculty member in advance of his/her right to advice and representation from the Faculty Association. The Faculty Association will also be notified and can attend the meeting with consent of the member. The advance notice to the faculty member shall be reasonable in order that she/he may seek representation.
Any recommendation to the President must be made by the Dean of the appropriate Faculty.
When the President considers that appropriate grounds may exist for the termination of an appointment for cause or for the suspension of an appointment for cause, the President shall inform the faculty member concerned in writing.
Within twenty-one (21) days of receiving written notification from the President, the President and the faculty member shall meet to discuss the matter in the presence of the Dean concerned and the Head of the faculty member’s Department. The President and the faculty member concerned shall be entitled to bring advisors to this meeting. The Chair of the Faculty Association’s Member Services & Grievance Committee or the Chair’s representative shall attend the meeting.
If, following this meeting, the President decides to proceed with termination for cause or with the suspension for cause, the President shall inform the Association and the faculty member in writing of the termination or suspension.
Within forty-two (42) days after receipt of this notice the Association may give written notice to the President that it wishes to proceed to arbitration.
Articles 20.08 to 20.16 inclusive of Part 1: Framework for Collective Bargaining apply to the submission to arbitration of a decision of the President to terminate or suspend a faculty member.
A Head or a Dean may impose a disciplinary measure on a faculty member; and shall at the time of the decision inform the faculty member in writing of the measure and the reasons for it.
If the faculty member wishes to dispute the imposition of discipline imposed by a Head the grievance procedures in Articles 20 inclusive of Part 1: Framework for Collective Bargaining shall apply.
If a member of the bargaining unit wishes to dispute the imposition of a reprimand or other discipline initially imposed by a Dean he or she shall, within forty-two (42) days of being informed in writing by the Dean of the imposition of the discipline, notify the Dean in writing. The grievance shall be pursued in accordance with Articles 20 inclusive of Part 1: Framework for Collective Bargaining.
Articles 20.08 to 20.16 inclusive of Part 1: Framework for Collective Bargaining apply to the submission to arbitration of a dispute on the imposition of disciplinary measures.
Provided that Part 1: Framework for Collective Bargaining is in force, the criteria and procedures for any alteration in the conditions of appointment of any faculty member because of financial exigency in the University will be negotiated by collective bargaining between the Parties in accordance with the provisions of that agreement.
Provided that Part 1: Framework for Collective Bargaining is in force, the criteria and procedures for any alteration in the conditions of appointment of any faculty member because of redundancy in a Department, School, or Faculty will be negotiated by collective bargaining between the Parties in accordance with the provisions of that agreement.
For the purpose of this Article:
“Arbitration” means arbitration proceeding in accordance with Articles 20.08 to 20.16 of Part 1: Framework for Collective Bargaining as modified by this Article.
“Decision” means a determination made by the President whether or not to recommend reappointment, tenure, or promotion after a periodic or non-periodic review.
“Evidence” means the information that was, or should have been, considered at each stage of the process leading to a decision.
“Procedural error” means a failure or failures to follow required procedures or a failure or failures to consider relevant evidence.
The Arbitration Board shall be constituted and shall conduct its proceedings pursuant to Articles 20.08 to 20.16 inclusive of Part 1: Framework for Collective Bargaining.
The Party bearing the burden of proof shall present its case first.
In proceedings before the Board, the burden of proof shall be on the appellant.
Letter of Understanding #1
See Letter of Understanding #1 (PDF).