2007-2010 Collective Agreement Settlement
Terms of Collective Agreement Settlement
Article 2.1.2 Communication (Click here for PDF)
Unless otherwise specified in this Agreement, copies of all correspondence from the Employer to any member of the Bargaining Unit related to the interpretation, application, or implementation of this Agreement shall be delivered simultaneously to the officer designated by the Union.
Article 2.1.10.1 Information (Click here for PDF)
The Employer agrees to provide to the Union on request such information as is available relating to Employees in the Bargaining Unit subject to any rights and limitations set out within the Freedom of Information, Protection of Privacy Act or other applicable Privacy legislation.
Article 2.1.11 Part-Time Studies Information (Click here for PDF)
In addition to information requested under Article 2.1.10, the Employer will provide the following information regarding Part-Time Studies contracts upon their approval:
- Name of Employee
- Department
- Course
- Start Date
- End Date
- Contract Hours
- Rate of Pay
- E-mail address
- Whether the Employee is also a Regular or Temporary Employee
Article 2.1.3.6 Bargaining Unit Work (Click here for PDF)
Excluded Managers shall be permitted to carry a class load, as assigned under Article 14.2, but this shall not exceed three (3) hours in a week including Part-Time Studies.
Article 3.8 Expedited Arbitration (Click here for PDF)
The parties agree that where a difference arises between the parties relating to the dismissal, discipline or suspension of an Employee, or to the interpretation, application, operation or alleged violation of this agreement, including any question as to whether a matter is arbitrable, during the term of the Collective Agreement John Kinzie, David McPhillips, Chris Sullivan, or a substitute agreed to by the parties, shall at the request of either party;
3.8.1 investigate the difference;
3.8.2 define the issue in the difference; and
3.8.3 make written recommendations to resolve the difference within five (5) days of the date of receipt of the request; and, for those five days from that date, time does not run in respect of the grievance procedure.
3.8.4 The parties agree to add other names to the list by mutual agreement, should these individuals not be available as quickly as is contemplated by the article.
Article 7.8.4 Parking (Click here for PDF)
Specific parking lots agreeable to the Association shall be designated for use by Part-Time Studies employees on weekdays after 4:30 p.m.
Parking Part-Time Studies Memorandum of Agreement (Click here for PDF)
As per Article 7.8.4, the parties agree to the following:
- Lots 8,16 and 24 will be designated lots for BCIT Part-Time Studies employees.
- BCIT Student Association parking spots in Lot 16 will continue to be reserved for the use of the BCIT Student Association.
- Parking in the three designated lots will be on a first come basis for those BCIT Part-Time Studies employees who have purchase a parking permit.
- A review of the BCIT Part-Time Studies employees' usage of these lots will be carried out by June 30, 2008. The parties will consider modifications to this allocation of space on an annual basis.
Article 8.2 Faculty Workload (Click here for PDF)
New Article 8.2.6 (re-number or delete current 8.2.6)
Departments will make every reasonable effort to ensure that individual Faculty Employees are assigned no more than an average of 15 class contact hours per week over the course of an academic year. Where this average is not achieved, the Department will develop a workload plan that will result in the Faculty employee working an average of 15 class contact hours over the two academic year period concluding with the completion of the next academic year.
New Article 9.3.10 Rehabilitation Committee (Click here for PDF)
It is the intent of the Employer and the Union to encourage and facilitate the early return to gainful employment of employees who have been ill or injured. To this end, a Rehabilitation Committee will be established as follows:
- The Committee shall be composed of two (2) representatives and one alternate appointed by the Union which may include one Union representative from the FSA, and two (2) representatives and one alternate from the Employer. The Employer will provide administrative support for the committee.
In addition, the insurance carrier, or other organizations that specialize in rehabilitative return to work assessments or independent medical examinations, may be called upon to be a resource to the committee to provide expertise on a program of rehabilitation.
- The Committee shall review cases of eligible employees who are no longer capable of performing the duties of their own occupation due to illness or injury. The Committee shall also review cases of all employees who have become incapacitated through industrial injury or illness.
Following review of such cases the Committee, taking into account the best interests of the Employee and the Employer, shall make recommendations to the Employer. Unanimous recommendations of the Committee will be implemented by the Employer provided they are reasonable and practical and do not pose undue hardship.
- Where possible, the Committee shall meet not less than once a month during working hours, and leave without loss of pay shall be granted to Committee members. Minutes of meetings shall be distributed to the Committee members.
-
The Committee shall be committed to maintaining confidentiality of medical and other information received in their capacity as members.
- The Committee will develop any additional procedures and terms or reference for the operation of the Committee.
Article 9.5 Bereavement Leave and Compassionate Leave (Click here for PDF)
9.5.4 An Employee will be granted a compassionate care leave of absence without pay for up to eight (8) weeks to care for a gravely ill family member. For the purpose of this Article 9.5.4, "family member" is defined in Appendix 7 - Family Members for the Purpose of Article 9.5.4 Compassionate Care Leave. In order to be eligible for this leave, the Employee must provide a medical certificate as proof that the ill family member needs care or support and is at risk of dying within twenty-six (26) weeks.
9.5.5 An Employee who is granted a compassionate care leave to care for a gravely ill family member shall be entitled to the benefits follows:
9.5.5.1 The Employee's benefit coverage will continue for the duration of the compassionate care leave, to a maximum of eight (8) weeks, and the premium payment shall be on the same basis as if the employee were not on leave.
9.5.5.2 Where an Employee elects to buy back pensionable service for part of all of the duration or the compassionate care leave, to a maximum of eight (8) weeks, the Employer will pay the Employer portion of the pension contribution in accordance with the Pension Plan regulations.
9.5.5.3 Compassionate Care leave, up to a maximum of eight (8) weeks, shall be treated as continuous employment for the purposes of seniority accrual under the Collective Agreement.
9.5.6 Should an Employee require additional time to care for a gravely ill family member, additional leaves may be granted beyond the eight (8) weeks period specified in Article 9.5.4 above. Such additional leave shall be pursuant to Article 9.7 General Purpose Leave Without Pay.
Appendix 7 (Click here for PDF)
Family Members for the Purpose of the Article 9.5.4 Compassionate Care Leave
1. The following "family members" are persons identified through their relationship to the employee.
- Spouse (includes heterosexual, common-law, and same-sex relationships)
- Children
- Children's spouses
- Step-children
- Step-children-in-law
- Siblings
- In-law siblings
- Parents
- Step-parents
- Parents-in-law
- Grandparents
- Grandchildren
- Nieces/Nephews
- Guardians
- Step-siblings
- Aunts/Uncles
- Current or former foster-parents
- Current or former foster children
- Current or former wards
- Current or former guardians
- Spouse of sibling or step-children
- Spouse of child or step-child
- Spouse of grandparent
- Spouse of grandchild
- Spouse of aunt or uncles
- Spouse of niece or nephew
- Spouse of current or former foster child
- Spouse of current or former guardian
- Spouse of an employee's current or former foster parent
- Spouse of an employee's current or former ward
- Spouse of a person who is living with the employee as a member of the employee's family
2. The following "family members" are persons identified through their relationship to the employee's spouse.
- Spouse's parents or step-parents
- Spouse's siblings or step-siblings
- Spouse's children
- Spouse's grandparents
- Spouse's grandchildren
- Spouse's aunts or uncles
- Spouse's nieces or nephews
- Spouse's current or former foster parents
- Spouse's current or former wards
3. The following "family members" are deemed family members
- Any other person in the same household who is dependant upon the employee
- Any person who lives with the employee as a member of the employee's family
- Whether or not related to an employee by blood, adoptions, marriage or common-law partnership, an individual with a serious medical condition who considered the employee to be, or whom the employee considers to be, like a close relative.
Article 9.6.1.10 Maternity Leave (Click here for PDF)
If the Employee maintains coverage for benefits while on Maternity Leave, the Employer agrees to pay the Employer's share of these premiums for a period of not more than fifty-two (52) weeks.
Article 9.9 Jury Duty and Court Appearance Leave (Click here for PDF)
9.9.1 An Employee shall, upon written application to the Dean or equivalent, and upon prior written acknowledgement, be granted leave of absence with full pay for all absences resulting from
or associated with being summoned to serve on a jury or being subpoenaed as a witness in court proceedings. If required by the Dean, the Employee shall produce a summons or subpoena or submit such other evidence as will show the necessity of attendance at court.
9.9.2 In cases where are Employee's private affairs have occasioned a court appearance such leave to attend at court shall be without pay.
9.9.3 An Employee in receipt of his/her regular earnings while serving at court shall remit to the Employer all monies paid to him/her by the court, except traveling and meal allowances not reimbursed by the Employer.
Article 9.12.4 Return from Leave (Click her for PDF)
9.12.4.1 After a leave of absence with or without pay, an Employee shall return to at least the same or equivalent position and shall be entitled to at least the salary level which that Employee would have attained had the Employee remained at the Institute continuously, provided the leave was either:
9.12.4.1.1 a paid leave, at full or partial salary;
9.12.4.1.2 a Professional Development Leave as in Article 10.6;
9.12.4.1.3 a Compassionate Care Leave as set out in Article 9.5.4; or
9.12.4.1.4 any other type of leave which in the opinion of the Employee's appropriate School/Division Professional Development Leave Committee is consistent with the purposes of Professional Development Leave as stated in Article 10.6.4.
Article 10.4 Professional Development Leave Fund (Click here for PDF)
10.4.1 For the Institute's 2007/2008 fiscal year, the Institute's total contribution to the Professional Development Leave fund will be $1537017.41 and allocated in accordance with Memorandum of Agreement 07FSA___
10.4.2 For subsequent Institute fiscal years, the annual contribution to the Professional Development Leave Fund will be calculated as follows:
Faculty Step 12 annual salary in effect on April 1 times an index factor of 22.
10.4.3 The Institute's annual contribution to the Professional Development Leave Fund shall occur on April 1 of each year.
10.4.4 The amount determined in 10.4.2 will be allocated on a pro-rata basis between the Other Staff Supper Committee and Teaching Faculty Committees as set out in Article 10.6, based on the number of eligible regular full-time equivalent employees in each group on April 1 of each year.
10.4.5 Any funds generated under Article 10.4 which remain unspent at the end of a fiscal year will be carried over for use in subsequent fiscal years.
Delete 10.5 and renumber Article.
Article 10.6
10.6.1 General Purpose
The general purpose of Professional Development Leave is to promote leadership in technological education through leaves intended:
10.6.1.1 to maintain currency, flexibility and professional competence of Employees, and
10.6.1.2 to augment the professional development of the individual Employee.
10.6.2 Funding Levels
10.6.2.1 These Leaves are to be funded by an amount determined per Article 10.4 and 10.5
10.6.2.2 The funds generated in Article 10.5 shall be divided among each Professional Development Leave Committee on pro-rata basis by number of eligible Regular Employees, in such a way that all Teaching Faculty Employees have access to the Leave.
10.6.2.3 The funds generated in Article 10.4 shall be allocated to the Other Staff SuperCommittee on a pro-rata basis by number of eligible Regular Employees, in such a way that all such Other Staff Employees have access to the Leave.
10.6.2.4 Any funds which remain unspent at fiscal year end will carry over for use in the next fiscal year.
10.6.3 Committees
10.6.3.1 A Professional Development Leave Committee shall be established for teaching Faculty in the programmes in each of the following general areas: business; engineering, electronics, and computing studying; health; and academic studies. Each Committee shall consist of three (3) excluded management personnel and three (3) representative appointed by the union. The Employer shall appoint a Dean or Associate Dean from each general area as non-voting chair.
10.6.3.2 For all Other Staff (Support Faculty, Assistant Instructors and Technical Staff) the Institute shall establish an "Other Staff SuperCommittee" which shall be composed of one representative from each school or division appointed by the Union and an equal number of excluded management representatives. A Vice- president or equivalent shall act as non-voting Chair.
10.6.3.3 The Committees shall establish multiple application dates, to a maximum of three (3) dates per year.
10.6.3.4 The Committees shall make decisions by majority vote of individual members.
10.6.3.5 The Committees shall act in a manner which is fair, reasonable, and consistent with Collective Agreement
10.6.3.6 Deadlocks in the Committees shall be referred to the parties for resolution, as shall questions of interpretation or application of the Collective Agreement. An applicant may appeal, on the basis of Article 10.6.3.5 above, to the Labour/Management COmmittee. Deadlocks between the parties are subject to the grievance procedures.
10.6.3.7 The Committees shall pre =pare an annual report to the Employer and the Union on the expenditure of funds under their control.
10.6.4 Eligibility, General Criteria and Requirements
10.6.4.1 All Regular Employees with a minimum of one (1) year of full time service with the Employer shall be eligible to apply for leave of up one (1) year which may be renewed or extended.
10.6.4.2 Leave applications, which in the opinion of the Committee benefit the applicant and the Institute, will be considered for approval by the Committee, subject to the availability of funds and criteria established by the Committee. Funding approval may include tuition, conference fees and/or expenses related to the same Professional Development activity.
10.6.4.3 All leaves that are approved will be granted with out loss of pay or benefits to a maximum of nine (9) academic months. Backfill costs will be paid out of the Fund.
10.6.4.4 The Leave may be taken in a single block of time or may be taken in weeks, days, or hours at a time, spread over a maximum of a twelve (12) month period.
10.6.4.5 Regular Employees who wish to take leave under this provision must initially apply to their department for this leave. Departmental approval may be withheld on the basis of the inability to find a suitable replacement.
10.6.4.6 The application must include a statement of the applicant's intention to continue employment at the Institute at the expiry of the leave. In accepting a paid leave, the Employee shall be deemed to accept the obligation to undertake a subsequent period of employment equal in time to the period of paid leave.
10.6.4.7 The application must include a statement of the proposed courses, study or work experience, and of the applicant's perception of the relevance of the planned activity to the applicant's current or possible future role in the Institute, or to the Institute's concerns.
10.6.4.8 The applicant shall include, where relevant, adequate documentary evidence of acceptance into the proposed program of studies or work experience situation. The Professional Development Leave Committee shall waive this requirement if time constraints require. However, the Employee on leave shall supply such documentation to the Committee as soon as available.
10.6.4.9 Any applicant shall, upon request, be permitted, or may be required, to appear in person when the Committee is considering the applicant's case.
10.6.4.10 An Employee who becomes ill while on paid leave shall inform the Employer if, and as soon as, the Employee becomes aware that the illness is likely to affect the carrying out of the planned activity. An Employee on Professional Development Leave shall be entitled to Sick Leave at one hundred percent (100%) of the Employee's regular remuneration, subject to the provisions of Articles 9.3. and 9.12.2.
10.6.4.11 An Employee on Professional Development Leave shall bear the responsibility of notifying their Committee of any significant changes in their leave activity so that the Committee has sufficient time to review the revised proposal for the Leave in accordance with Article 10.6. The Committee shall either approve the revised leave or withdraw approval. Approval of revised leave shall not be unreasonably withheld.
10.6.4.12 Within one (1) month, exclusive of vacation time, after expiry of the Professional Development Leave, and Employee shall present a written report of relevant activities during the Leave to the Employee's Department and the Committee and shall report to the Committee income stemming directly from approved leave activity.
10.6.5. Assessment Criteria
10.6.5.1 Each Committee shall create and maintain, in a public forum, the guidelines and criteria that it shall use in evaluating Professional Development Leave proposals.
10.6.5.1.1 Guidelines must ensure that at least one-third (1/3) of the committee's funds, including surpluses, are used for proposals whose value exceeds the value of four (4) months leave.
10.6.5.2 If there are insufficient funds to enable all qualifying leaves to be granted, the following weighting factors shall be applied:
10.6.5.2.1 Weight and significance of the proposed activity in terms of the standards of the field in which it is planned; the more weight or significance, the higher the priority.
10.6.5.2.2 Clarity of the planned program; the greater the clarity, the higher the priority.
10.6.5.2.3 Total length of pervious paid leaves; the shorter the leave, the higher the priority.
10.6.5.2.4 Length of employment since a previous paid leave; the greater the length of intervening employment, the higher the priority.
10.6.5.2.5 Equalization of leave opportunity among individual Employees in different Departments; priority shall be given to leaves which tend to equalize opportunity.
10.6.5.2.6 The rarity of occurrence of the planned activity; e.g. a once-in-ten-years conference as compared to courses offered every year; the rarer the occurrence, the higher the priority.
10.6.5.2.7 Seniority, if all other relevant factors are equal; the greater the seniority, the higher the priority.
10.6.5.2.8 Other factors above equal, leaves involving work experience may be given priority over leaves involving solely study, research, or course activity.
Memorandum of Agreement Professional Development Funds (Click here for PDF)
The parties agree that effective April 1, 2007, any unspent long-term and short-term Professional Development funds arising from the provisions of Articles 10.4, 10.5 and 10.12 of the previous collective agreement which expired on June 30, 2007, will be combined and carried forward:
Super Committee
| Long-term |
$1,646,402.62 |
| Short-term |
1,093,892.06 |
| |
$2,740,294.68 |
| Reallocation to 10.3 PD fund |
(666,250.00) |
| Combined |
$2,074044,68 |
Academic Studies
| Long-term |
$121,076.43 |
| Short-term |
78,823.36 |
| Combined |
$199,899.79 |
Business
| Long-term |
$190,388.37 |
| Short-term |
202,525.80 |
| Combined |
$392,914.17 |
Engineering
| Long-term |
$196,427.86 |
| Short-term |
255,232.61 |
| Combined |
$451,660.47 |
Health
| Long-term |
$43,146.54 |
| Short-term |
294,386.54 |
| Combined |
$337,533.08 |
The above-noted balances include the Institute's contribution to the professional Development Leave Fund for the Institute's 2007/2008 fiscal year. The allocation of 2007/2008 contribution as follows:
Other Staff Super Committee |
$576,636.54 |
Teaching Faculty Committees |
|
Academic Studies
|
152,181.32 |
Business
|
249,088.80 |
Engineering
|
306,766.65 |
Health
|
252,344.10 |
| |
$1,537,017.41 |
Any Professional Development applications submitted under Article 10.6 or 10.12 prior to July 1, 2007, and pending as of June 30, 2007 will be processed under the rules in effect on June 30, 2007. Such applications may be withdrawn and resubmitted under the new rules at the discretion of the employee.
Appendix 3 (Click here for PDF)
Add the following Department
Applied Research Liaison Office
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Memorandum of Agreement Recruitment: Driven Alterations to Initial Placement for Assistant Instructors and Technical Staff (Click here for PDF)
Where the Employer has identified challenges in recruiting Assistant Instructors or Technical Staff, then at its discretion a new employee may be placed beyond the initial placement cap. Existing employees, within the same program and classification, who have similar work experience, training and education, and a lower rate of pay than the new employee, shall have their rate of pay changed to the same rate of pay as the new employee.
Childcare Memorandum of Agreement (Click here for PDF)
The parties agree that a sub-committee of the Labour/Management Committee shall be established for the purpose of:
a) Conducting a location search and availability survey to identify childcare providers near the BCIT Burnaby campus.
b) Pursuing opportunities to enable access to local childcare facilities for FSA members.
Guide to Article 10.3 - Professional Development Funds (Click here for PDF)
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