Negotiation proposal Mar 30 - Capilano University Faculty Association
Transcription
Negotiation proposal Mar 30 - Capilano University Faculty Association
Capilano University (“the University” or “the Employer”) And Capilano University Faculty Association (“CFA”, “the Association” or “the Union”) Offer of Settlement (“The Offer”) March 30, 2015 The following package of items is to be considered an Offer for Settlement (the Offer) submitted by the CFA to the Capilano University for the renewal of the expired 2014 collective agreement. The Offer is presented in a package format. Any issue not included in the Offer from the original list of proposals submitted by either the University or the Union is deemed to be withdrawn. Where the Offer is not accepted as a whole, the Offer is withdrawn completely. Any issues left out of the Offer return to active bargaining status if this Offer is rejected. Any issues previously tentatively agreed to will retain that same status if this Offer is rejected. The Offer is advanced on a without prejudice basis to conclude the renewal of a Collective Agreement. 1|Page MEMORANDUM OF AGREEMENT Between CAPILANO UNIVERSITY (“the University” or "the Employer") And CAPILANO UNIVERSITY FACULTY ASSOCIATION (“the Association”, "the Union" or “the CFA”) THE UNDERSIGNED BARGAINING REPRESENTATIVES OF THE EMPLOYER AGREE TO RECOMMEND TO THE CAPILANO UNIVERSITY BOARD; AND THE UNDERSIGNED BARGAINING REPRESENTATIVES OF THE UNION AGREE TO RECOMMEND TO THE ASSOCIATION MEMBERSHIP; THAT THEIR COLLECTIVE AGREEMENT COMMENCING APRIL 01 2014 (the “new Collective Agreement”), SHALL CONSIST OF THE FOLLOWING: 1. Terms of the 2014 - 2019 Collective Agreement All of the terms of the 2014-2019 collective agreement continue except as specifically varied in Schedule A – Proposals and Schedule B Tentatively Agreed. 2. Effective Dates The effective date for all changes to the new Collective Agreement will be the date of ratification of this Memorandum, unless otherwise specified. 3. Ratification The parties expressly agree that, upon the completed signing of this Memorandum of Agreement, the parties shall recommend the approval of this Memorandum to their respective principals. Capilano University, and the CFA will conduct their ratification votes within thirty calendar days of signing of this MOA. 2|Page This Memorandum of Agreement is also subject to ratification by the Post-Secondary Employers’ Association Board of Directors within thirty days of signing of this MOA. Signed this ___ day of March 2015 BARGAINING REPRESENTATIVES FOR THE EMPLOYER BARGAINING REPRESENTATIVES FOR THE UNION: 3|Page SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: CFA proposal of March 26th in MOA format without article numbers and with clarification of retirement impacts.] MOA (NEW) Labour Adjustment Buyouts The University and the Union agree to Labour Adjustment Buyouts (buyout) being made available on the following basis: The University and Union recognize an employee of a functional area facing layoffs often may prefer to approach their functional area with a buyout proposal subject to the approval of the functional area under Article 2.8 with respect to the effect on employees being impacted. The amount of the buyout is governed by Article 11.9 and not subject to functional area approval. The University and the Union agree to allow the “buyout” this buyout option where the voluntary choice to resign is requested by the employee and approved by the functional area. The agreement of the functional area will not be unreasonably withheld. For the purposes of this agreement the term “buyout proposal” is defined as a voluntary proposal made by an employee with greater seniority than other employees facing reduction, where the employee making the proposal will receive an amount equal to the severance they would be eligible for under 11.8.5.3.5 if reduced under 11.8. o The proposing employee will resign from the University at a date agreed to in the proposal. The reduction eliminations will happen on the same date. o The proposing employee shall establish a buyout payment schedule that is consistent with income tax rules and regulations. o The proposing employee will maintain all the rights or benefits of a retiring employee if they are eligible to begin receiving a College Pension Plan pension. Articles 20.1 and 20.2 will apply to eligible proposing employees. This language expires on March 31, 2019. 1|Page SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: No change to the CFA proposal of March 26th] LETTER OF UNDERSTANDING BETWEEN: CAPILANO UNIVERSITY AND: CAPILANO UNIVERSITY FACULTY ASSOCIATION Re: Paid Educational Leave The employer and the union agree to participate in a joint committee (the committee) to review the provisions of Paid Educational Leave as set out in the collective agreement to: come to a mutual understanding about effective changes and alterations to PEL process establish fair and reasonable transition arrangements to any changes with which the participants may agree make such recommendations to the parties for their consideration. The Parties agree that notwithstanding 10.4.2, effective the selection year from August 1, 2016 to July 31, 2017, the total number of full time paid educational leaves shall be divided into two categories: 1. One-half of the available PEL resources for a year shall continue to apply the provisions of 10.4.2 (Paid Educational Leave Seniority Credits); and 2. One-half of the available PEL resources for a year shall be awarded on the basis of merit only and without application of PEL Seniority Credits. 3. Where the total number of available full time equivalent PEL positions are divided into two and results in an odd number of positions, the higher number of positions shall be assigned to Paragraph 1 above (PEL based on employee PEL Seniority Credits). 4. All eligible faculty are entitled to apply for PEL in both categories; that is they may simultaneous apply in Paragraphs 1 or 2 or both. Within 30 days after the ratification the parties will each select three representatives and establish initial meeting dates. The committee shall conclude its work and report out to the parties within 6 months of establishment of the committee. 2|Page SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: No changes to University’s proposal of March 27th.] 1.1 TERM 1.1.1 Term This Agreement shall be binding on the respective parties from April 1, 201014 to March 31, 201419. If no Agreement is reached at the expiration of this Agreement, this Agreement shall remain in force up to the time a strike or lockout commences, or until a new or renewed Agreement is entered into. 3|Page SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: Only change to University’s proposal of March 27th allows some retro.] 7.3 SALARY SCHEDULE 7.3.1 Effective February 3, 2014 Instructor, Counsellor, Librarian, Special Appointee Step 1 2 3 4 5 6 7 8 9 10 11 Common Grid 2% Stipend Combined Per Annum Per Section Per Inst. Hour Per NonInst. Hour 86,611 81,136 75,577 72,485 69,829 67,175 64,519 61,864 59,209 56,554 53,900 1,732 1,623 1,512 1,450 1,397 1,344 1,290 1,237 1,184 1,131 1,078 88,343 82,759 77,089 73,935 71,226 68,519 65,809 63,101 60,393 57,685 54,978 11,043 10,345 9,636 9,242 8,903 8,565 8,226 7,888 7,549 7,211 6,872 121.47 113.79 106.00 101.66 97.94 94.21 90.49 86.76 83.04 79.32 75.59 58.43 54.73 50.98 48.90 47.11 45.32 43.52 41.73 39.94 38.15 36.36 7.3.2 Effective April 1, 20151 Instructor, Counsellor, Librarian, Special Appointee Step 1 2 3 4 5 6 7 8 9 10 11 Common Grid 2% Stipend Combined Per Annum Per Section Per Inst. Hour Per NonInst. Hour 87,477 81,947 76,333 73,210 70,527 67,847 65,164 62,483 59,801 57,120 54,439 1,750 1,639 1,527 1,464 1,411 1,357 1,303 1,250 1,196 1,142 1,089 89,227 83,586 77,860 74,674 71,938 69,204 66,467 63,733 60,997 58,262 55,528 11,153 10,448 9,733 9,334 8,992 8,651 8,308 7,967 7,625 7,283 6,941 122.69 114.93 107.06 102.68 98.91 95.16 91.39 87.63 83.87 80.11 76.35 59.01 55.28 51.49 49.39 47.58 45.77 43.96 42.15 40.34 38.53 36.72 4|Page SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 7.3.3 Effective February 1, 20161,2 Instructor, Counsellor, Librarian, Special Appointee Step 1 2 3 4 5 6 7 8 9 10 11 Common Grid 2% Stipend Combined Per Annum Per Section Per Inst. Hour TBD3 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD Per NonInst. Hour TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD 7.3.4 Effective April 1, 20161,2 Instructor, Counsellor, Librarian, Special Appointee Step 1 2 3 4 5 6 7 8 9 10 11 Common Grid 2% Stipend Combined Per Annum Per Section Per Inst. Hour Per NonInst. Hour 87,914 82,357 76,715 73,576 70,880 68,186 65,490 62,795 60,100 57,406 54,711 1,758 1,647 1,534 1,472 1,418 1,364 1,310 1,256 1,202 1,148 1,094 89,672 84,004 78,249 75,048 72,298 69,550 66,800 64,051 61,302 58,554 55,805 11,209 10,501 9,781 9,381 9,037 8,694 8,350 8,006 7,663 7,319 6,976 123.30 115.51 107.59 103.19 99.41 95.63 91.85 88.07 84.29 80.51 76.73 59.31 55.56 51.75 49.63 47.82 46.00 44.18 42.36 40.54 38.73 36.91 5|Page SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 7.3.5 Effective February 1, 20171,2 Instructor, Counsellor, Librarian, Special Appointee Step 1 2 3 4 5 6 7 8 9 10 11 Common Grid 2% Stipend Combined Per Annum Per Section Per Inst. Hour Per NonInst. Hour 88,793 83,181 77,482 74,312 71,589 68,868 66,145 63,423 60,701 57,980 55,258 1,776 1,664 1,550 1,486 1,432 1,377 1,323 1,268 1,214 1,160 1,105 90,569 84,845 79,032 75,798 73,021 70,245 67,468 64,691 61,915 59,140 56,363 11,321 10,606 9,879 9,475 9,128 8,781 8,434 8,086 7,739 7,393 7,045 124.53 116.66 108.67 104.22 100.40 96.59 92.77 88.95 85.13 81.32 77.50 59.90 56.11 52.27 50.13 48.29 46.46 44.62 42.79 40.95 39.11 37.28 7.3.6 Effective April 1, 20171,2 Instructor, Counsellor, Librarian, Special Appointee Step 1 2 3 4 5 6 7 8 9 10 11 Common Grid 2% Stipend Combined Per Annum Per Section Per Inst. Hour Per NonInst. Hour 89,237 83,597 77,869 74,684 71,947 69,212 66,476 63,740 61,005 58,270 55,534 1,785 1,672 1,557 1,494 1,439 1,384 1,330 1,275 1,220 1,165 1,111 91,022 85,269 79,426 76,178 73,386 70,596 67,806 65,015 62,225 59,435 56,645 11,378 10,659 9,928 9,522 9,173 8,825 8,476 8,127 7,778 7,429 7,081 125.16 117.24 109.21 104.74 100.91 97.07 93.23 89.40 85.56 81.72 77.89 60.20 56.39 52.53 50.38 48.54 46.69 44.85 43.00 41.15 39.31 37.46 6|Page SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 7.3.7 Effective February 1, 20181,2 Instructor, Counsellor, Librarian, Special Appointee Step 1 2 3 4 5 6 7 8 9 10 11 Common Grid 2% Stipend Combined Per Annum Per Section Per Inst. Hour Per NonInst. Hour 90,129 84,433 78,648 75,431 72,666 69,904 67,141 64,377 61,615 58,853 56,089 1,803 1,689 1,573 1,509 1,453 1,398 1,343 1,288 1,232 1,177 1,122 91,932 86,122 80,221 76,940 74,119 71,302 68,484 65,665 62,847 60,030 57,211 11,492 10,765 10,028 9,618 9,265 8,913 8,561 8,208 7,856 7,504 7,151 126.41 118.42 110.30 105.79 101.91 98.04 94.17 90.29 86.41 82.54 78.67 60.80 56.96 53.06 50.89 49.02 47.16 45.29 43.43 41.57 39.70 37.84 7.3.8 Effective April 1, 20181,2 Instructor, Counsellor, Librarian, Special Appointee Step 1 2 3 4 5 6 7 8 9 10 11 Common Grid 2% Stipend Combined Per Annum Per Section Per Inst. Hour Per NonInst. Hour 90,580 84,855 79,041 75,808 73,029 70,254 67,477 64,699 61,923 59,147 56,369 1,812 1,697 1,581 1,516 1,461 1,405 1,350 1,294 1,238 1,183 1,127 92,392 86,552 80,622 77,324 74,490 71,659 68,827 65,993 63,161 60,330 57,496 11,549 10,819 10,078 9,666 9,311 8,957 8,603 8,249 7,895 7,541 7,187 127.04 119.01 110.86 106.32 102.42 98.53 94.64 90.74 86.85 82.95 79.06 61.11 57.24 53.32 51.14 49.27 47.39 45.52 43.65 41.77 39.90 38.03 7|Page SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 7.3.7 Effective February 1, 20181,2 Instructor, Counsellor, Librarian, Special Appointee Step 1 2 3 4 5 6 7 8 9 10 11 7.3A Common Grid 2% Stipend Combined Per Annum Per Section Per Inst. Hour Per NonInst. Hour 91,486 85,704 79,831 76,566 73,759 70,957 68,152 65,346 62,542 59,738 56,933 1,830 1,714 1,597 1,531 1,475 1,419 1,363 1,307 1,251 1,195 1,139 93,316 87,418 81,428 78,097 75,234 72,376 69,515 66,653 63,793 60,933 58,072 11,665 10,927 10,179 9,762 9,404 9,047 8,689 8,332 7,974 7,617 7,259 128.31 120.20 111.96 107.38 103.45 99.52 95.58 91.65 87.72 83.78 79.85 61.72 57.82 53.85 51.65 49.76 47.87 45.98 44.08 42.19 40.30 38.41 PRIVATE MUSIC INSTRUCTION SALARY SCHEDULE 7.3A.1 Effective February 3, 2014 Step 1 2 3 4 5 Per Hour 57.98 55.81 53.72 51.74 49.81 Per Section 5,798 5,581 5,372 5,174 4,981 Per Annum 46,384 44,648 42,976 41,392 39,848 7.3A.2 Effective April 1, 20151 Step 1 2 3 4 5 Per Hour 58.56 56.37 54.26 52.26 50.31 Per Section 5,856 5,637 5,426 5,226 5,031 Per Annum 46,848 45,094 43,406 41,806 40,246 8|Page SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 7.3A.3 Effective February 1, 20161, 2 Step 1 2 3 4 5 Per Hour TBD3 TBD TBD TBD TBD Per Section TBD TBD TBD TBD TBD Per Annum TBD TBD TBD TBD TBD 7.3A.4 Effective April 1, 20161, 2 Step 1 2 3 4 5 Per Hour 58.85 56.65 54.53 52.52 50.56 Per Section 5,885 5,665 5,453 5,252 5,056 Per Annum 47,082 45,319 43,623 42,015 40,447 7.3A.5 Effective February 1, 20171, 2 Step 1 2 3 4 5 Per Hour 59.44 57.22 55.07 53.04 51.06 Per Section 5,944 5,722 5,507 5,304 5,106 Per Annum 47,553 45,772 44,059 42,435 40,851 7.3A.6 Effective April 1, 20171, 2 Step 1 2 3 4 5 Per Hour 59.74 57.50 55.35 53.31 51.32 Per Section 5,974 5,750 5,535 5,331 5,132 Per Annum 47,791 46,001 44,279 42,647 41,055 9|Page SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 7.3A.7 Effective February 1, 20181, 2 Step 1 2 3 4 5 Per Hour 60.34 58.08 55.90 53.84 51.83 Per Section 6,034 5,808 5,590 5,384 5,183 Per Annum 48,269 46,461 44,722 43,073 41,466 7.3A.8 Effective April 1, 20181, 2 Step 1 2 3 4 5 Per Hour 60.64 58.37 56.18 54.11 52.09 Per Section 6,064 5,837 5,618 5,411 5,209 Per Annum 48,510 46,693 44,946 43,288 41,673 7.3A.9 Effective February 1, 20191, 2 Step 1 2 3 4 5 Per Hour 61.24 58.95 56.74 54.65 52.61 Per Section 6,124 5,895 5,674 5,465 5,261 Per Annum 48,995 47,160 45,395 43,721 42,090 1 The first day of the first full pay period after this date. For April 1, 2015, the first day of the first full pay period after this date or the first day of the first full pay period after the date of ratification of the collective agreement (whichever is later). 2 See Common Agreement on the Economic Stability Dividend (ESD). Annual wage rate may be adjusted depending on the ESD. 3 Annual wage rates to be determined depending on the ESD. 10 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: Only change to University’s proposal of March 27th is to specify the current Senate Policy.] LETTER OF AGREEMENT (New) BETWEEN: CAPILANO UNIVERSITY AND: CAPILANO UNIVERSITY FACULTY ASSOCIATION Re: Academic Freedom The University and CFA agree that the Senate Policy on Academic Freedom (Policy No. S2003-01, as of May, 2010) applies. EXECUTED this day of , 2015. _________________________________ _________________________ Chairperson, Capilano University Board President, CFA _________________________________ _________________________ Director, Human Resources Chair, Bargaining Committee, CFA 11 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: No changes to the University’s proposal of March 27th.] 9.2 GENERAL (STATUTORY) HOLIDAYS 9.2.1 The following days are recognized as General (Statutory) Holidays: New Year’s Day British Columbia Day Family Day Labour Day Good Friday Thanksgiving Day Easter Monday Remembrance Day Victoria Day Christmas Day Canada Day Boxing Day and any other day declared as such by the Federal or Provincial Government. 12 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: No changes to the University’s proposal part 1 of March 27th. Delete new part 2 proposal of March 27th ] 9.4.7.3 Extended Health 1. Effective the first of January following the date of ratification, 9.4.7.3.1 Default level is: $25 $50 annual deductible single, couple or family 100% reimbursement of eligible expenses including semi-private hospital room, paramedical services at $750 per practitioner per person per year, private duty nursing at $15,000 per year (after age 65 the lifetime maximum becomes $25,000), hearing aid maximum at $1,000 in any four consecutive years, international travel assistance for out-of-Canada coverage, prescription drugs, and other costs prescribed by a medical practitioner. 9.4.7.3.2 Options: 9.4.7.3.2.1 Option 1: $250 $275 annual deductible. 9.4.7.3.2.2 Option 2: $500 $525 annual deductible single, couple, or family and prescription drugs are not covered. 2. Effective the 1st of January 2017 hearing aid coverage which is referred to in Article 9.4.7.3.1 will be amended to read as follows: hearing aid maximum at $1,000 in any four consecutive years hearing aid maximum at $1,000 every three consecutive years for enrolled employees and $1,000 in any four consecutive years for enrolled retirees who are covered under article 9.4.2.3 13 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: No changes to the University’s proposal of March 27th.] LETTER OF AGREEMENT (New) BETWEEN: CAPILANO UNIVERSITY AND: CAPILANO UNIVERSITY FACULTY ASSOCIATION Re: Librarians The Parties agree to establish a Joint Committee by December 1, 2015. This committee will be comprised of two (2) representatives from the University and two (2) representatives from the Union. The Parties agree the Joint Committee: 1. will meet to discuss and understand the concerns of the librarians; and 2. may make recommendations on the items set out in (1) above to their respective principals no later than December 31, 2016. EXECUTED this ___ day of , 2015. _________________________________ _________________________ Chairperson, Capilano University Board President, CFA _________________________________ _________________________ Director, Human Resources Chair, Bargaining Committee, CFA 14 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: No changes to the University’s proposal of March 27th. Except for grammar correction.] LETTER OF AGREEMENT (New) BETWEEN: CAPILANO UNIVERSITY AND: CAPILANO UNIVERSITY FACULTY ASSOCIATION Re: TEN MONTH OR THREE TERM & PAY PERIOD REVIEW COMMITTEE The Parties agree to establish a Joint Committee by January 1, 2016. This committee will be comprised of two (2) representatives from the University and two (2) representatives from the Union. The Parties: 1. will meet to discuss the compatibility of 10 month and 3 term programs with provisions of the collective agreement; 2. review issues related to the elimination of averaging of pay; and 3. may make recommendations on the items set out in (1) and (2) above to their respective principals no later than December 31, 2016. EXECUTED this day of , 2015. _________________________________ _________________________ Chairperson, Capilano University Board President, CFA _________________________________ _________________________ Director, Human Resources Chair, Bargaining Committee, CFA 15 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: No changes to the University’s proposal of March 27th.] 11.2.1.2 Deans Selection of Deans administrators is a duty of the University Board. Such appointments shall only be made after a Search Committee has recommended an appointee to the Board University. 11.2.1.2.1 The Committee shall be comprised of an equal number of members of the Union representatives from the Faculty in which the hire is occurring and the Administration. The Union shall select its members for such committees and, within two calendar weeks of receiving a written request, provide the names of the Faculty members to the University. In addition to the members so selected, a chairperson shall be named by the President. The chairperson shall be non-voting. 11.2.1.2.2 Staff and/or student representatives may be invited to join such a Committee. In the event that such additional representatives do join the Committee, the number of representatives from each additional constituency shall not exceed the number of Faculty Union representatives on the Committee. 11.2.1.2.3 Although appointments will normally be made from the names submitted by the Search Committee, the Board University may appoint any candidate whose application has been placed before the Search Committee. Further, the names of all qualified internal candidates, whether or not they hold acting appointments, shall be included in the recommendations referred to above. 16 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: Changed for clarity.] 5.2.1.2 Stage I for Group, Union and Policy grievances shall be a referral submitted to the Joint standing Committee Union’s Vice President Chief Steward and the University’s Manager, Employee Relations or designate. The time limit for initiating a Group, Union or Policy grievance shall be ninety (90) working days after the cause of the difference. This stage shall not exceed fourteen (14) calendar days. 17 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: Only changes to the University’s proposal of March 27th is to allow terminations at end of term.] 11.4.2 Continuous Appointment 11.4.2.1 A satisfactory completion of the probationary appointment period shall result in a continuous appointment and shall establish the employee’s five (5) year cycle for evaluation pursuant to 11.5.1.4. 11.4.2.2 In the event that the evaluation conducted pursuant to 11.5.1.4 results in the determination of less than satisfactory performance and judged by the criteria set out in 11.5.2, this appointment will be terminated. Such termination can only occur after adequate alerting and guidance (see 11.6.7.1). 11.4.2.3 Terminations shall be subject to the procedures specified in 11.6.7. 11.4.2.4 Notice of termination pursuant to 11.4.2.2 shall take effect no earlier than the end of the last month of the term in which the SEC process is activated by 11.6.7.6. The time limits of such notice are mandatory. Failure to observe the timelines shall result in the notice having no force and effect. 18 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: No changes to the University’s proposal of March 27th.] LETTER OF AGREEMENT (New) BETWEEN: CAPILANO UNIVERSITY AND: CAPILANO UNIVERSITY FACULTY ASSOCIATION Re: EVALUATION The Parties agree to establish a Joint Committee by December 1, 2015 . This committee will be comprised of three (3) representatives from the University and three (3) representatives from the Union. The Parties: 1. will meet to discuss changes to improve the Article 11.5 Evaluation; and 2. may make recommendations on the items set out in (1) above to their respective principals no later than June 30, 2016. EXECUTED this___day of , 2015. _________________________________ _________________________ Chairperson, Capilano University Board President, CFA _________________________________ _________________________ Director, Human Resources Chair, Bargaining Committee, CFA 19 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: No changes to the University’s proposal of March 27th.] 11.7.1.6 A qualified internal candidate is one that has the necessary credentials required by the functional area, and has Capilano University as his/her primary place of employment. 11.7.1.6.1 Where an internal candidate on alerting and guidance is the recommended candidate, the regularization of the internal candidate is subject to satisfactory evaluation as outlined in article 11.5.6.1. 20 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: No changes to the University’s proposal of March 27th except adding “Without Prejudice and clarifying the language around dual appointment.] LETTER OF AGREEMENT (Without Prejudice) Re: MULTI-LOCATION Articles 6.8.8 and 7.7 of the Collective Agreement will be suspended and have no force or effect for the term of this Agreement. These Articles will be replaced by the following: MULTI-LOCATION and MULTI-SITE WORK 1. For the purpose of this Letter of Agreement, the University shall be deemed to be comprised of the following locations: North Vancouver Campus Sunshine Coast Campus Howe Sound Campus Mt. Currie Learning Centre An employee may be assigned to work at any one location of the University. An employee who accepts an instructional assignment to work in more than one location and is required to travel to more than one location in the same week shall be reimbursed for travel expenses at the University’s current rate and shall receive a stipend in lieu of re-imbursement for other related expenses. An employee who accepts an instructional assignment to work in more than two locations and is required to travel to those locations in the same week shall be reimbursed for travel expenses at the University’s current rate and shall receive stipends in lieu of re-imbursement for other related expenses. The above two clauses do not apply to: employees on reduction employees who have appointments in different functional areas and at all locations of assignment employees who are doing substitution who shall be reimbursed only for travel expenses at the University’s current rate unless the substitution becomes an assignment employees who are doing non-instruction work shall be reimbursed only for travel expenses at the University’s current rate employees who reside in the location of an additional assignment. However, if an employee who resides in the location of the additional assignment accepts an instructional assignment to work at more than one location on the same day, he/she shall be reimbursed for travel expenses at the University’s current rate. 21 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 An employee cannot demand, and the University cannot insist, that an employee be assigned to work at more than one location of the University which results in the payment of a stipend. The stipend, paid on a weekly basis when travel is required, will be sixty dollars ($60.00) 2. For the purpose of this Letter of Agreement, the North Vancouver location shall be deemed to be comprised of the following sites: All sites in the Lower Mainland north of the U.S. border up to and including Vancouver and Burnaby The municipalities on the North Shore As far east as Coquitlam, Pitt Meadows, and Surrey (Langley, Maple Ridge and further east are outside of this area) An employee may be assigned to work at any one site. An employee who accepts an instructional assignment to work at more than one site on the same day shall be reimbursed in the usual manner for kilometers driven at the University’s current rate. An employee who is required to travel to more than one site for University business not related to an instructional assignment shall be reimbursed in the usual manner for kilometers driven at the University’s current rate. An employee cannot demand, and the University cannot insist, that an employee be assigned to work at more than two sites. 3. Reimbursement for kilometers traveled between locations and sites will be based on the University’s current rate. EXECUTED this [insert date]3rd day of February, 2014. ________________________________ _________________________ ________________________________ _________________________ 22 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: No changes to the University’s proposal of March 27th.] 6.11.2 Work Overload (see 2.8) 6.11.2.5 Where an overload induced by the following circumstances does not exceed an aggregate of 0.5 sections overload in any academic year, provisions to comply with 6.11.2.2 shall not be required: 6.11.2.9 Student overloads per 6.11.2.7 Emergency transfers per 6.13 Substitution per 6.14 Assignment to Continuing Studies and Executive Education Extension Programs and Services as part of workload per 6.15 Travel time per 7.7 Travelling time as calculated under 7.7 of this Agreement may be worked as an overload under this Agreement. 23 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: The following proposal represents some adjustment to the interest calculation and approved uses of the fund.] Article 21 TRUST FUND 21.1 The University and the Union agree that monies owed to faculty as per 21.4 are to be held in trust for the benefit of faculty. The trust is to be jointly administered in accordance with the terms and conditions below. 21.2 ADMINISTRATION 21.2.1 The University shall continue to administer and account for the ongoing aspects of the trust amounts. The University shall provide the Union with an annual reconciliation summarizing the changes in the trust amounts and shall give the Union access to the supporting records upon request. All information required to be given to the Union under this letter of agreement shall be at no cost to the Union. 21.2.2 Annually, prior to October 15, the University shall inform the Union of the amount of benefit (21.4) generated by the holding of the trust and add this amount to the Benefit Trust Fund (21.3). 21.3 21.3.1 BENEFIT TRUST FUND The Benefit Trust Fund is an ongoing trust fund maintained by the University on behalf of the Union. The use of this fund for any or all of the approved purposes of 21.3.3 is at the discretion of the Union. The Union will make every reasonable effort to allocate the annual benefit amount by December 15. 21.3.2 The University shall maintain records for the Benefit Trust Fund. Separate sub-accounts shall be maintained for each approved purpose. The University shall provide the Union with an annual reconciliation summarizing the changes in the Benefit Trust Fund and its sub-account balances and give the Union access to the supporting records upon request. 21.3.2.1 The balance of these accounts is an ongoing liability of the University. The balances shall carry forward until used as intended or reallocated by the Union. 21.3.3 Approved Purposes The approved purposes are: The purchase of the University’s portion of College Pension Plan past service for faculty employed as of July 31, 1995, who, prior to 1989, were unable to enrol in the College Pension Plan; 24 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 The purchase of the employer’s portion of the College Pension Plan past service for faculty employed as of July 31, 1995 who, prior to 1989 did not join the College Pension Plan. Retraining for continuing employees facing the loss of work due to reduction or changing curriculum requirements; Retraining for continuing employees to meet new minimum credential requirements or to facilitate their return to duties in other areas of the University ; Reimbursement of continuing employees for professional development expenses on the basis of sections worked; Contribution to a matching Grants Fund to encourage the use of Article 24, Educational Partnership; Additional contributions to the Paid Educational Leave Fund (10.4.1.1.4); CFA Award Program; The cost of benefits, scale placement and step advancement for Private Music Instructors, will be calculated at eighty-eight (88) hours per section and will be paid from the amount for vision care coverage referred to above. These costs will be mutually agreed. Other purposes as mutually agreed to by the University and the Union. 21.4 ANNUAL BENEFIT 21.4.1 The annual benefit amount is: the deemed investment revenue (21.4.2). 21.4.2 The deemed investment revenue is determined by multiplying the trust fund base (21.4.2.1) by the trust fund interest rate (21.4.2.2). The deemed investment revenue shall be the total sum of the following calculations: multiplying the trust fund base (21.4.2.1), less $600,000, by the trust fund interest rate (21.4.2.2); and, multiplying $600,000 by the annually confirmed Capilano University Foundation distribution rate in effect on July 31 of each year. The deemed investment revenue is determined by multiplying the trust fund base (21.4.2.1). The trust fund base is the sum of the following amounts measured on July 31 of each year: 21.4.2.1 21.4.2.1.1 The value of sections not yet paid to employees as a result of banked 6.11.2 overloads; 21.4.2.1.2 The unspent balance of the Professional Development Accounts (9.4.5.1); 21.4.2.1.3 The unspent balance of one-time amounts identified by the University for faculty; 21.4.2.1.4 The unspent balance of the Benefit Trust Fund and its sub-accounts. 21.4.2.2 The trust fund interest rate shall be the rate for the third quarter prescribed by Revenue Canada in regulation 4301(b), the rate applicable to refunds made by the Minister on corporate overpayments. [Note to Bargaining: The effect of the change in 21.4.2.2 for the third quarter of 2014 would be to have reduced the interest rate from 3% to 1%.] 25 | P a g e 21.4.3 SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 The $600,000 referred to in Article 21.4.2 may not be distributed for any of the approved purposes of Article 21.3.3 without the Union first providing the University one year’s notice of a planned distribution. The Union and the Employer may mutually agree to a different notice period for any planned distribution. [Note to Bargaining: The extended notice period for distributions allows for a greater investment horizon and thus greater investment revenue.] 26 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: Only change to the University’s proposal of March 27th.is the provision of 60 copies to the CFA] 3.6 DUTY TO PROVIDE COPIES OF AGREEMENT 3.6.1 Within sixty (60) days of execution of the Collective Agreement the University shall provide make an electronic copy of the Agreement available to each member of the bargaining unit. 3.6.2 The University shall provide an electronic copy of the current Collective Agreement to each prospective employee at such time as the prospective employee is requested to sign the “Assignment of Wages” mentioned in 3.2. 3.6.3 The University, at its cost, will provide 60 print copies of the Collective Agreement to the Union. for Coordinators, Stewards and Union Executive Members, plus 50 additional copies. If the Union requests additional copies it will pay $5.00 per copy thereafter. An electronic copy of the Collective Agreement will be provided on the University web site. 27 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: No changes to the University’s housekeeping proposal of March 27th.] Article 15 SEXUAL HARASSMENT (Housekeeping) See Article 2 – “Harassment” in the 2014-2019 Common Agreement and Appendix E Harassment Policy and Procedures. 28 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: No change to the CFA proposal of March 26th] Article 25 Common Table Include with appropriate internal numbering the following as Article 25. Effective [Enter new date]March 3, 2014, the Parties agree to the provisions of the 2010-2012 20142019 Common Agreement and the 2014 FPSE Template Table except as modified herein and by the 2012 [insert correct reference to Common Agreement] FPSE Compensation Template Table Agreement: 1. 2. Common Faculty Professional Development Fund Article 16 clause 3.1 – Fund shall be amended to: (a) “The Fund will be set at zero point two percent (0.2%) of faculty salaries. Article 9.2.1 – Specific Benefits of the 2010-2012 2014-2019 Common Agreement shall not apply except as necessary for the application of article 9.2.2. 3. Notwithstanding 2 above: a. Life insurance and AD&D will be as per article 9.4.7.1 and 9.4.7.2 of the local agreement until 11:59pm on March 31, 2014. The cost of benefits, scale placement and step advancement for Private Music Instructors will be calculated at eighty-eight (88) hours per section and will be paid from the from Article 21 Trust Fund. These costs will be mutually agreed. 4. Article 9.3 – Disability Benefits of the 2012-2014 Common Agreement and 2014 FPSE Template Table Agreement shall apply except as modified in this local agreement in article 9.5. 5. Article 11 – Early Retirement Incentive of the 2010-2012 2014-2019 Common Agreement shall not apply. 6. Article 3 – Expedited Arbitration except clause 3 “Expedited Arbitrators”, where the following shall apply: “The Parties will mutually agree on an arbitrator.” 7. Article 6.6: Educational Technology / Distributed Learning 6.6.1 It is understood that the phrase defining Distributed Learning in this and all following articles also refers to Educational Technology activities. 6.6.4/ 6.6.5 It is understood that the employer determines what is “necessary”. Article 7: Leaves 7.1 Definitions It is understood that “stepchild, stepchild in-law” refers to “stepchildren, step children’s spouses”. Article 8: Parental Leave 8.1.1 Definitions (b) It is understood that base salary does not include stipends, overloads etc… Article 14: International Education It is understood that this Article shall govern the terms and conditions for employees originally hired at BC campuses who travel outside Canada and the US. 14.2 Expenses 8. 9. 10. 29 | P a g e 11. 12. SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 It is understood that travel and other expenses referred to do not include those expenses incurred when an employee is living in another country. 14.5 Orientation and Return It is understood that when travel is to Mexico, the employee may not require three (3) working days inclusive of travel. Article 15: Health and Safety Equipment It is understood that “all” relates to appropriate Health and Safety apparel and equipment required by Worker’s Compensation. The following provisions of the 2014 FPSE Template Table do not apply: a. Article 9 – Health and Welfare benefits (c) (ii) b. Appendix A – Provincial Salary Scale – this has been replaced by the Capilano University salary grid (see article 7.3) c. Appendix D – (List of arbitrators) d. LOA 9 – Section 3 “Expedited Arbitrators”; (note: the remainder of LOA 9 applies) e. Housekeeping – (e),(f),(h), and (i) 13. Within 30 days following the date of ratification, the CFA may elect to have the existing short term disability benefits (STD) cut-off date be amended to be the date upon which the employee reaches age seventy (70), or the date upon which the employee’s employment terminates, whichever first occurs. All existing administrative and eligibility requirements remain unchanged. The CFA agrees that the STD benefits beyond age 65 component of all current grievances, with regard to the continuation of STD benefits beyond age 65 shall be withdrawn on a with prejudice basis. No new grievances on the STD age related coverage issue will be advanced by the CFA. [Note to Bargaining: Replace Common Table language with local Article 9.4.6.] 14. Article 9.1 Joint Committee on Benefits Administration below shall become Article 9.9 9.9.1 Committee Established The Parties agree to maintain a Joint Committee on Benefits with three (3) members appointed by each side. 9.9.2 Committee Mandate The Joint Committee on Benefits has a mandate to undertake tasks related to health and welfare benefits and disability benefits including: (a) Comparison and analysis of contract administration and costs, using criteria developed by the committee. (b) Monitoring carrier performance including receiving reports from the plan administrator(s). (c) Reviewing the cost effectiveness and quality of benefit delivery, service, and administration by carriers, including access issues. (d) Tendering of contracts. 30 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 9.9.3 Savings All savings realized through the process of the Joint Committee on Benefits will be used to improve benefits, including disability benefits, either through actions taken by the Committee or the formal bargaining process between the Parties. 9.9.4 Constraints The Joint Committee on Benefits will not make any changes to the plan provisions that would increase the costs of health and welfare benefits or disability benefits for individual employers or reduce plan provisions without the agreement of the Parties to this Agreement. The Joint Committee shall be authorized to determine appropriate use of the Article 9.1.3 savings. 9.9.5 Costs of the Joint Committee The employers will pay for the costs of the committee's operations. 9.4.6 Plan Monitoring 9.4.6.1 The Joint Benefits Review subcommittee of the Joint Standing Committee shall monitor the implementation and administration of the Flexible Benefits Plan. 9.4.6.2 Joint Committee on Benefits Administration 9.4.6.2.1 Committee Established The Parties agree to maintain a Joint Committee on Benefits with three (3) members appointed by each side. 9.4.6.2.2 Committee Mandate The Joint Committee on Benefits has a mandate to undertake tasks related to health and welfare benefits and disability benefits including: 9.4.6.2.2.1 Comparison and analysis of contract administration and costs, using criteria developed by the committee. 9.4.6.2.2.2 Monitoring carrier performance including receiving reports from the plan administrator(s). 9.4.6.2.2.3 Reviewing the cost effectiveness and quality of benefit delivery, service, and administration by carriers, including access issues. 9.4.6.2.2.4 `Tendering of contracts. 9.4.6.2.3 Savings All savings realized through the process of the Joint Committee on Benefits will be used to improve benefits, including disability benefits, either through actions taken by the Committee or the formal bargaining process between the Parties. 9.4.6.2.4 Constraints The Joint Committee on Benefits will not make any changes to the plan provisions that would increase the costs of health and welfare benefits or disability benefits for or reduce plan provisions without the agreement of the Parties to this Agreement. 9.4.6.2.5 Costs of the Joint Committee The University will pay for the costs of the committee's operations. 31 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: No change to the CFA proposal of March 26th] Amend article 1.6 as follows: 1.6 PERSONNEL AND EVALUATION FILE INFORMATION RELEASE 1.6.1 The University shall not release information contained within individual personnel or evaluation files without the written authority of the individual employee. In the case of information, the release of which is necessary to obtain bank loans and mortgages, the employee may provide the University with prior written authorization for such release. 1.6.2 Nothing in the above provision shall restrict the University in furtherance of the proper administration of this Agreement or in the reasonable and proper conduct of the University’s affairs, and shall include, but not be limited to, from the supply of statistical data to the Ministry responsible for the University or other government bodies to which it is accountable, and the supply of information to other educational institutions. 1.6.3 The university shall remove all material related to evaluation or discipline related matters from the personnel file, or any other permanent file maintained by the University, two years following the earlier of the date of creation or date of submission. 32 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: counter proposal with new language on the issue.] No Layoffs – Financial Exigency Amend the collective agreement by adding the following: 11.8.1.1 University Responsibilities Where the University intends to reduce the workload of employees and/or the number of employees because of the reasons set out in 11.8.1, the University shall: 11.8.1.1.1 Explore all alternative ways of preventing the layoff of regular faculty members. 11.8.1.1.2 Establish that there are bona fide reasons for the reduction of regular faculty members. Bona fide reasons are limited to financial exigency (including but not limited to a shortage of funds); low enrolments continuing after a reasonable attempt by the University to mitigate and reverse the low enrolments; elimination of a program, course or other work that is demonstrably redundant. 11.8.1.1.3 Meet with the CFA, by January 15th or a mutually agreed to date, to present preliminary budget assumptions for the following academic year. The University will give notice at this meeting if financial exigency is projected for the following academic year. 11.8.1.1.4 If financial exigency will precipitate faculty reductions, the University will consult with the CFA on the impact of such financial exigency and seek the advice of the CFA on alternatives to the potential reductions. 11.8.1.1.5 Within 5 business days after a request, the University will provide the CFA or its financial consultant with the financial records which the University relies on to support its necessity to reduce the work load of employees and/or the number of employees. 11.8.1.1.6 Financial Exigency is defined, for the purpose of Article 11.8, as a situation in which the University projects substantial and continuing financial operating deficits which threaten the continued operation of the University and which are projected, by consistently applied, generally accepted accounting principles, to persist for at least two years into the future. 33 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: Counter with a retraining in financial exigency moved to retraining.] Retraining Amend Article 11.8.5.4 with the following: Amend Article 11.8.5.4 with the following: 11.8.5.4 Retraining 11.8.5.4.1 The University will use its good offices to secure retraining for any all those reduced regular employees whose actual workload is zero regular employees reduced below four (4) sections. Prior to the expiry of their rights to further assignments, these employees may use the instructional facilities of the University free of charge. 11.8.5.4.2 The University shall make every reasonable effort to assist reduced regular employees retrain to meet the qualifications for RGA appointments under 11.8.5.2.2.3 11.8.5.4.2.1 An employee who accepts an RGA shall be given the opportunity to retrain for the new duties , and shall be allowed to perform the new duties while s/he engages in retraining for a period of one year, and up a maximum of four additional continuous years, providing the training or retraining is approved by the relevant search-like committee. 34 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: counter proposal with new language on the issue.] Opt Out of Benefits Amend the collective agreement as follows: 9.4.2.1 Regular Employees All regular employees must participate in the Flexible Benefits Plan and the Disability Income Plans. Eligibility to participate occurs with the commencement of employment as a regular employee. For a regular employee a Benefit Year is defined as that period commencing on August 1 and ending on the succeeding July 31. 9.4.2.1.1 Notwithstanding 9.4.2.1 a regular employee with comparable benefits coverage may suspend their participation in the Flexible Benefits Plan and the Disability Income Plans for the time while on an approved unpaid leave or leaves. 9.4.2.1.1.1 After the leave ends the employee shall be reinstated in the Flexible Benefits Plan and the Disability Income Plans. 9.4.2.2 Non-regular Employees 9.4.2.2.1 All non-regular employees may participate in the Flexible Benefits Plan once their eligibility is established. Eligibility to enrol occurs once the non-regular employee is assigned four (4) or more sections, or section equivalents in a Benefit Year, or two (2) or more sections or section equivalents, in an appointment term, with a minimum appointment of at least four months. For non-regular employees, a Benefit Year is defined as that period commencing on September 1 and ending on the following August 31. 9.4.2.2.2 Non-regular employees who enrol in the Flexible Benefits Plan must continue to participate in the Flexible Benefits Plan and must pay the costs of such participation unless the costs are paid by the University under 9.4.2.2.2.1 to 9.4.2.2.2.3. The employee may be required by the University to prepay for any period in which the University is not yet obligated to pay the costs. 9.4.2.2.2.1 Non-regular employees who are assigned two (2) or more sections or section equivalents in an appointment term shall have the costs of the Flexible Benefits paid by the University for a period of six months. 9.4.2.2.2.2 Non-regular employees who are assigned four (4) or more sections or section equivalents in a Benefit Year shall have the costs of the Flexible Benefits paid by the University for a period of one (1) Benefit Year. 9.4.2.2.2.3 The costs of Flexible Benefits paid by the University for a non-regular employee in a Benefit Year under 9.4.2.2.2.1 and 9.4.2.2.2.2 shall not exceed one (1) Benefit Year’s costs. 9.4.2.2.3 Non-regular employees may participate in the dental benefits only when they are assigned one and one-half (1½) sections or section equivalents, or more, in an appointment term and are placed on scale. Such participation shall be at the University’s cost and shall be for a period of six months. 35 | P a g e 9.4.2.2.4 SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 Participating non-regular employees must maintain coverage for so long as their appointment rights exist (i.e. the current semester and three (3) semesters thereafter). 9.4.2.4 Non-Regular Opt Out of Flexible Benefits Plan and Disability Income Plans 9.4.2.4.1 Notwithstanding 9.4.2.2.2 and 9.4.2.2.4 non-regular employees who have enrolled in the Flexible Benefits Plan and the Disability Income Plans, or any part thereof, may withdraw from all enrolled Flexible Benefits Plan and the Disability Income Plans at the end of any Benefit Year. 9.4.2.4.2 Such withdrawing non-regular employees will not be able to rejoin the Flexible Benefits Plan and the Disability Income Plans until they reestablish their eligibility under 9.4.2.2.1 or become a regular employee. 36 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: No change to the CFA proposal of March 26th] Non-Regular Appointment Rights Extended by All Work Replace article 11.5.2.3 with the following: Non-regular employees who have had workload assigned outside of their appointment area shall have their reappointment rights extended as if the workload was assigned in their appointment area. 37 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: Prejudice.] No change to the CFA proposal of March 26th except adding Without Without Prejudice Union Leave and Union Release Amend as follows: 10.5.5.2 Union Release Reasonable release time without pay shall be provided by the University to persons named by the Union for the conduct of Union business; this release time shall be provided in section units. The provision of the said release time is contingent on suitable arrangements being made for the carrying out of the contractual duties to the University of the persons released. Union release time is considered time worked for purposes of the collective agreement. 10.5.5.3 Union Leave An employee shall be granted part or full-time leave of absence for union business, including work or duties performed for any organization to which the Union is affiliated, subject to the following: 10.5.5.3.1 The leave shall not exceed two (2) years. 10.5.5.3.2 The leave shall be subject to the reasonable and bona fide curriculum and scheduling requirements of the University. 10.5.5.3.3 An employee granted the leave shall continue to receive full salary and benefits from the University and the Union shall, on a monthly basis, reimburse the University for the full amount of the employee’s salary and benefits. 10.5.5.3.4 The employee shall continue to accrue seniority equal to the sections or section equivalencies for which s/he is released. Union leave release time is considered time worked for purposes of the collective agreement. 38 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: A new approach to dealing with the issue that involves no change in current collective agreement language. If this new approach is not acceptable we revert to our original proposal.] LETTER OF UNDERSTANDING BETWEEN: CAPILANO UNIVERSITY AND: CAPILANO UNIVERSITY FACULTY ASSOCIATION Re: Regularization Creation and Increase The employer and the union agree to submit the interpretation of existing language of Articles 11.7.1.1, 11.7.1.3, 11.7.2, and 11.7.3 to binding arbitration with the following constraints: Any resulting award can recognize the change in status of employees based on past workload, but such change in status may not cause an increase in salary of affected employees before August 1, 2015. Correspondence with the CFA Chief Steward or other members of the executive between January 1, 2012, and August 15, 2013 shall not be admissible. Previous agreements or arrangements between the union and the employer, through the Joint Standing Committee minutes or in separate documents, shall not be admissible. 39 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: No change to the CFA proposal of March 26th] Changing Regularization for Three Term to Two Term Basis Replace article 11.7.3 with the following: 11.7.3 Increased or Changed Regularization of Employees 11.7.3.1 A RPT employee shall have the option of increasing his or her regularization commitment level when the employee has worked one or more sections over the commitment level for the past two consecutive years (i.e. six consecutive terms) ending at the end of any term. The increase commitment shall be in whole sections. The maximum number of increased sections possible shall be determined by the total workload over the two consecutive years, six terms, divided by two and rounded down to a whole number. 11.7.3.1.1 Where the RPT employee opts for a new commitment level that was realized by work done over more than two terms in one or both of the two years, then the RPT employee cannot demand the commitment be met in a shorter time period, nor can the University demand that a longer time period be applied. 11.7.3.2 Where a RPT employee has previously opted under 11.7.3.1.1 for a commitment level to be met over more than two terms, and he or she has worked at least four sections in each of the past two years using only the workload from two terms in each year, the RPT employee may opt to have his or her commitment level changed to one over two terms. The revised commitment level shall be determined by the total workload over the four terms used divided by two and rounded down to a whole number. Replace 11.7.5.1 with the following: 11.7.5.1 The calculation of the past two, three, or five consecutive years` workload shall be done for a period ending with a term designated by the employee and based on the known assignments for the employee as at the earlier of the designated term end or April 1. Any resulting regularization is to be effective immediately commencing August 1. 40 | P a g e SCHEDULE A – PROPOSALS CFA Package Proposal March 30, 2015 [Note to Bargaining: We note that this item was not previously agreed with a green sheet. CFA added three housekeeping changes to the three housekeeping proposals the University’s made on March 27th.] Housekeeping The Parties agree that the following housekeeping changes will be made to the Collective Agreement: 1. The words “per section” in article 6.2.2.2 should be amended to read “per section per week”; 2. Change the words “Long Term Disability Plan” in Article 10.1.3 to read “Disability and Income Plan”; and 3. Change the title “Disability Management and Wellness Advisor” which is found in articles 10.1.4 and 10.3.2 to read “Human Resources” 4. In Article 3.3.3 change “Noon” to read “11:30” and delete “or from 12:30 – 1:30”. 5. Add “(See 2.8) at the end of Article 6.9.2.1 6. Change “unit” to read “bargaining unit” in Articles 8.3.1 and 10.5.5.1 41 | P a g e SCHEDULE B– TENTATIVELY AGREED CFA Package Proposal March 30, 2015 [Note to Bargaining: No changes to the University’s proposal of March 27th.] LETTER OF AGREEMENT Re: 6.2.2.2.1 – SCHEDULED ABE HOURS Renew LETTER OF INTENT RE: COORDINATOR TRAINING Renew LETTER OF AGREEMENT Re: NON-BASE FUNDED PROGRAMS Renew LETTER OF INTENT Re: IMPROVE TERMS OF REFERENCE AND PROVIDE TRAINING FOR THE ALERTING AND GUIDANCE/CHALLENGE COMMITTEE Renew LETTER OF INTENT Re: LINKAGES TO THE COORDINATORS' MANUAL, UNIVERSITY POLICY AND PAST PRACTICE Renew 1|Page