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.
1.01 For the purpose of Part 6: Conditions of Appointment for Program Directors in Continuing Studies:
“Continuing Studies” means the Continuing Studies unit of The University of British Columbia, formerly the Centre for Continuing Education;
“Executive Director” means the Executive Director Continuing Studies or his/her designate;
“Program director” means a person appointed by the Board of Governors of The University of British Columbia on a full-time or part-time basis to direct a program or programs in Continuing Studies; it includes such categories as assistant program director, and equivalent positions;
2.01 Appointments may be (a) term appointments or (b) confirmed appointments. The term of every appointment, and the termination date, shall be clearly stated on the appointment notice received by the appointee.
2.02 Term Appointments
Term Appointments are of the following two kinds:
Term Appointments Without Review
Term appointments without review are for a specified term and carry no implication that the appointee will be considered for any further appointment of this or any other kind at the expiration of the specified term.
Term Appointments with Review
Term appointments with review are appointments for a specified term, normally for two years. Renewal of an individual’s appointment is normally for a term of three years. Appointments with review carry no implication of automatic renewal, but do imply that the appointee will be considered for a confirmed appointment in accordance with the criteria and procedures described below.
Any person holding an appointment with review is eligible for a confirmed appointment.
By the end of an appointee’s fifth year of continuous service in an appointment with review a recommendation must be made to the President by the Executive Director either to grant a confirmed appointment or not to renew the appointment. An early recommendation to grant a confirmed appointment may be made when the appointee has had academic, professional, or other comparable experience before being appointed by the University.
No person will acquire a confirmed appointment by reason only of holding an appointment with review that extends beyond the fifth year of continuous service.
2.03 Confirmed Appointments
Confirmed appointments are full-time appointments except when the University and a program director 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.
3.01 Program director positions combine both academic and administrative functions. Appointment as a program director requires an appropriate university degree and relevant experience.
3.02 Candidates for an initial appointment are judged principally on performance or potential for achievement in professional work in the field of continuing education.
3.03 Candidates for a confirmed appointment are judged principally on performance in their professional work in the field of continuing education. Recognition will also be accorded to their contributions to the University, to their profession, to scholarship, and to the community at large.
3.04 Confirmed appointments are granted to individuals who have maintained a high standard of performance in their professional work and show promise of continuing to do so. Such performance includes their capacity to maintain program standards of high quality, and to develop and maintain public or professional interest. The decision to grant a confirmed appointment will take into account the interest of Continuing Studies and the University in maintaining strength and balance within Continuing Studies and in the University.
3.05 Judgments of an individual should be made objectively.
4.01 Appointments are made by the Board of Governors upon the recommendation of the President.
4.02 Appointments shall be made on the recommendation of the Executive Director.
4.03 Selection of candidates for recommendation for all initial appointments shall be made by the Executive Director after consultation with at least three (3) appropriate program directors holding confirmed appointments. Consultation shall take place through formal procedures.
4.04 At the end of each year from the date of initial appointment with review and until review for a confirmed appointment an informal evaluation of a program director’s work will be conducted by the Executive Director in consultation with appropriate program directors holding confirmed appointments.
4.05
A recommendation for a confirmed appointment for a person who holds a term appointment with review shall be made by the Executive Director after consultation with the review committee provided for in paragraph (c) below.
The Executive Director shall commence the review proceedings required by paragraph (a) above twelve months before expiry of a term appointment with review.
Reviews shall be conducted by a review committee composed of no less than three (3) program directors holding confirmed appointments and the Executive Director. The Executive Director shall chair the committee but not have a vote. The members of the committee shall be appointed after consultation between the Executive Director and all program directors holding confirmed appointments and not on vacation or leave of absence, and according to procedures which have been established by the Executive Director after consultation with all program directors holding confirmed appointments, and which have been approved by the Vice-President of the University responsible for Continuing Studies.
The Executive Director shall inform the President of the recommendation of the review committee and of his/her own recommendation.
At the time the Executive Director informs the President he/she shall also inform the program director concerned, in writing, of the recommendation of the review committee and of his/her recommendation to the President.
4.06
All recommendations to the President that confirmed appointments be granted or denied will be reviewed by a committee established by the President for this purpose.
At the time a decision is made on whether or not a recommendation is to be forwarded to the Board of Governors respecting a candidate, the President shall inform the candidate in writing of that decision.
A decision not to recommend to the Board of Governors that a confirmed appointment be granted shall be communicated by the President to the program director concerned not less than ninety (90) days prior to the termination date of the current appointment, provided that, if a decision not to grant a confirmed appointment is communicated less than ninety (90) days before the termination date of the current appointment, the termination date of the appointment shall be extended to a date ninety (90) days after receipt of notice of the decision.
In the case of an adverse decision the President shall, at the candidate’s request, inform him or her in writing of the reasons for the adverse decision including the respects in which he or she is deemed to have failed to satisfy the applicable criteria, with a copy to the Faculty Association.
Article 13 of Part 4: Conditions of Appointment for Faculty, or any amendments thereto, shall apply as applicable to program directors. These provisions, however, shall be modified as follows:
Any references to decisions relating to promotion are inapplicable.
Article 20 of Part 1: Framework for Collective Bargaining, or any amendments thereto, concerning procedures for grievances and arbitration, shall apply to decisions on confirmed appointments.
The University recognizes the academic and administrative expertise of program directors, and accordingly the Executive Director will consult formally at meetings with appropriate program directors on major decisions affecting Continuing Studies, including appointment, reappointment, and confirmed appointment.
Article 6 of Part 4: Conditions of Appointment for Faculty between the University and the Faculty Association, or any amendments thereto, concerning the University’s policy on the employment of more than one member of a family shall apply to program directors.
9.01 Articles 10.01, 10.02 and 10.03 of Part 4: Conditions of Appointment for Faculty between the University and the Faculty Association, or any amendments thereto, concerning procedures for discipline shall apply to program directors as applicable.
9.02 Article 20 of Part 1: Framework for Collective Bargaining, or any amendments thereto, concerning procedures for grievances and arbitration, shall apply.
9.03 If a program director wishes to dispute the imposition of discipline by the Executive Director, the grievance procedure in Article 20 of Part 1: Framework for Collective Bargaining, or any amendments thereto, shall apply.