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 librarians at The University of British Columbia.
“Librarian” means a person appointed as a librarian or an archivist;
“Supervising librarian” means the administrative librarian to whom a librarian primarily reports.
Appointments without review are full-time or part-time appointments for a specified limited term. There is no implication that the appointee will be considered for any further appointment of this or any other kind on the expiration of the specified term. Full-time appointments without review may not be held for more than three (3) consecutive years. Term appointments without review are normally for one (1) year. Each year the University will provide to the Association a list of those holding term appointments without review.
Confirmed appointments are full-time appointments except when the University and a librarian have agreed to change such an appointment from full-time to part-time. They cannot be terminated before normal retirement age except in accordance with Article 9 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 of Part 4: Conditions of Appointment for Faculty. Until such criteria and procedures are established Part 9: Termination or Non-Renewal of Faculty Appointments for Financial Exigency as amended shall apply to librarians.
In a Faculty in which a librarian is employed, the Dean shall ensure that a recommendation for confirmed appointment is arrived at by procedures and arrangements consistent with those for the Library.
All recommendations to the President concerning confirmed appointments shall be reviewed by the Librarians’ Appointments Committee, which is a standing advisory committee comprising confirmed librarians established by and making recommendations to the President. At least one (1) member of the Committee will hold an appointment at UBC Okanagan. The Faculty Association shall nominate a confirmed librarian as a member of the Committee. A Head whose recommendations are being considered by the committee may participate in the deliberations of the committee but shall not vote on the recommendations.
In the case of recommendation on a confirmed appointment the candidate, or the Library, has the right up to the President’s decision, to supplement the candidate’s file by the addition of new, unsolicited information or a response to particular concerns that emerge in the relevant documentation.
The normal vacation should be arranged between the librarian and his/her Head.
Leave provisions and University policies including maternity leave, sick leave, study leave, political leave, and leave without pay for faculty members shall apply to librarians.
Article 11 of Part 4: Conditions of Appointment for Faculty shall apply to librarians.
“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 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;
“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 librarian from his or her duties for a specified period during which time rights and privileges as a librarian are withdrawn and salary is reduced or discontinued, but does not include the reduction or discontinuance of the salary of a librarian 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 librarian without his or her agreement before the expiry of the term of the contract, but does not include a decision not to award a confirmed appointment and shall not include the ending of an appointment for financial exigency or redundancy;
“Temporary suspension” means a suspension imposed by the President pending the outcome of an investigation into allegations against the librarian.
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 on the termination or suspension of a Librarian must be made by the University Librarian.
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 librarian.
A Head or the University Librarian may impose a disciplinary measure on a librarian; and shall at the time of the decision inform the librarian in writing of the measure and the reasons for it.
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 librarian 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: Agreement on the Framework for Collective Bargaining is in force, the criteria and procedures for any alteration in the conditions of appointment of any librarian because of redundancy in the University Library will be negotiated by collective bargaining between the Parties in accordance with the provisions of that agreement.
LETTER OF UNDERSTANDING #1
BETWEEN
THE UNIVERSITY OF BRITISH COLUMBIA
AND
THE FACULTY ASSOCIATION OF
THE UNIVERSITY OF BRITISH COLUMBIA
Re: Time between December 25 and January 1
This language is based on the understanding that operational requirements of the unit, branch or department take precedent over the proposed language as follows:
Librarians are to treat the days between Christmas and New Year’s Day as work days that may be taken as vacation or time off without pay. Librarians may work at home provided they inform their supervisor. Informing is not asking permission, rather it is a professional courtesy. Individual messaging must reflect their ability to be available to address work should it be required.